Republic of the Philippines Congress of the Philippines Metro Manila Ninth Congress

exclusive of the abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)." Section 2. Section 32 of the same law is hereby amended to read as follows: "Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Criminal Cases. Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: "(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and "(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof." Section 3. Section 33 of the same law is hereby amended to read as follows: "Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Civil Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: "(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions; "(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and "(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots."

Republic Act No. 7691

March 25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of 1980", is hereby amended to read as follows: "Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction. "(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; "(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts; "(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00); "(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred thousand pesos (P200,000.00); "(5) In all actions involving the contract of marriage and marital relations; "(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; "(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and "(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand

Section 4. Section 34 of the same law is hereby amended to read as follows: "Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts." Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00). Section 6. All laws, decrees, and orders inconsistent with the provisions of this Act shall be considered amended or modified accordingly. Section 7. The provisions of this Act shall apply to all civil cases that have not yet reached the pre-trial stage. However, by agreement of all the parties, civil cases cognizable by municipal and metropolitan courts by the provisions of this Act may be transferred from the Regional Trial Courts to the latter. The executive judge of the appropriate Regional Trial Courts shall define the administrative procedure of transferring the cases affected by the redefinition of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts. Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) national newspapers of general circulation. Approved: March 25, 1994

SPECIAL PROCEEDINGS Rules 72 109 (1) Subject Matters of Special Proceedings: CATCH AGED SHARC (Rules 72 109) (a) Change of Name (b) Adoption (c) Trustees (d) Constitution of Family Home (e) Hospitalization of Insane Persons (f) Absence and Death, Declaration of (g) Guardianship and Custody of Children (h) Escheat (i) (Voluntary) Dissolution of Corporation (j) Settlement of Estate of Deceased Persons (k) Habeas Corpus (l) (Judicial) Approval of Voluntary Recognition of Minor Natural Children (m) Rescission and Revocation of Adoption (n) Cancellation or Correction of Entries in the Civil Registry (2) Special Proceedings is an application or proceeding to establish the status or right of a party, or a particular fact, generally commenced by application, petition or special form of pleading as may be provided for by the particular rule or law. I. SETTLEMENT OF ESTATE OF DECEASED PERSONS (Rules 73 91)

Settlement of Estate of Deceased Persons, Venue and Process (Rule 73) Which court has jurisdiction (1) If the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen of an alien, his will shall be proved, or letters of administration granted, and his estate settled, in the RTC in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the RTC of any province in which he had his estate. The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts (Sec. 1). (2) Under RA 7691, the law expanding the jurisdiction of the inferior courts, MTC, MeTC and MCTC shall exercise exclusive original jurisdiction over probate proceedings, testate and intestate, where the value of the estate does not exceed P200,000 (outside Metro Manila) or where such estate does not exceed P400,000 (in Metro Manila). (3) The jurisdiction of the RTC is limited to the settlement and adjudication of properties of the deceased and cannot extend to collateral matters. Venue in judicial settlement of estate (1) The residence of the decedent at the time of his death is determinative of the venue of the proceeding. If he was a resident (inhabitant) of the Philippines, venue is laid exclusively in the province of his residence, the jurisdiction being vested in the Regional Trial Court thereof. Residence means his personal, actual, or physical habitation, his actual residence or place of abode. (2) It is only where the decedent was a nonresident of the Philippines at the time of his death that venue lies in any province in which he had estate, and then CFI thereof first taking cognizance of the proceeding for settlement acquires jurisdiction to the exclusion of other courts. The question of residence is determinative only of the venue and does not affect the jurisdiction

of the court. Hence, the institution of the proceeding in the province wherein the decedent neither had residence nor estate does not vitiate the action of the probate court. (3) Where the proceedings were instituted in two courts and the question of venue is seasonably raised, the court in which the proceeding was first filed has exclusive jurisdiction to resolve the issue (De Borja vs. Tan, 97 Phil. 872). Extent of jurisdiction of Probate Court (1) The main function of a probate court is to settle and liquidate the estates of deceased person either summarily or through the process of administration. The RTC acting a s a probate court exercises but limited jurisdiction, thus it has no power to take cognizance of and determine the issue of title to property claimed by a third person adversely to the decedent unless the claimant and all other parties have legal interest in the property consent, expressly or impliedly, to the submission of the question to the probate court. In that case, if the probate court allows the introduction of evidence on ownership it is for the sole purpose of determining whether the subject properties should be included in the inventory, which is within the probate courts competence. The determination is only provisional subject to a proper action at the RTC in a separate action to resolve the title. (2) The jurisdiction of the probate court merely relates to matters having to do with the settlement of the estate and the probate of wills, the appointment and removal of administrators, executors, guardians and trustees. The question of ownership is, as a rule, an extraneous matter which the probate court cannot resolve with finality (Intestate Estate of Ismael Reyes, Heirs of Reyes vs. Reyes, GR 139587, Nov. 2, 2000). Powers and Duties of Probate Court (1) (a) In probate proceedings, the court: Orders the probate of the will of the decedent (Sec. 3, Rule 77);

Summary Settlement of Estates (Rule 74) (1) Summary settlement of estate is a judicial proceeding wherein, without the appointment of executor or administrator, and without delay, the competent court summarily proceeds to value the estate of the decedent; ascertain his debts and order payment thereof; allow his will if any; declare his heirs, devisee and legatees; and distribute his net estate among his known heirs, devisees, and legatees, who shall thereupon be entitled to receive and enter into the possession of the parts of the estate so awarded to them, respectively (Sec. 2). Extrajudicial settlement by agreement between heirs, when allowed (1) If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds, a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under section 4 of this rule. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent. The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the next succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof (Sec. 1). (2) (a) (b) Extrajudicial partition of the estate shall be valid when the following conditions concur: The decedent left no will; The decedent left no debts, or if there were debts left, all had been paid;

(b) Grants letters of administration of the party best entitled thereto or to any qualified applicant (Sec. 5, Rule 79); (c) (d) (e) (f) (g) Supervises and controls all acts of administration; Hears and approves claims against the estate of the deceased (Sec. 11, Rule 86); Orders payment of lawful debts (Sec. 11, Rule 88); Authorizes sale, mortgage or any encumbrance of real estate (Sec. 2, Rule 89); Directs the delivery of the estate to those entitled thereto (Sec. 1, Rule 90);

(c) The heirs are all of age or if they are minors, the latter are represented by their judicial guardian or legal representative; (d) The partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds; and (e) The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation. Two-year prescriptive period (1) It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent (Sec. 1). (2) If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which

(h) Issue warrants and processes necessary to compel the attendance of witnesses or to carry into effect their orders and judgments, and all other powers granted them by law (Sec. 3, Rule 73); (i) If a person defies a probate order, it may issue a warrant for the apprehension and imprisonment of such person until he performs such order or judgment, or is released (Sec. 3, Rule 73). (2) The court acts as trustee, and as such, should jealously guard the estate and see to it that it is wisely and economically administered, not dissipated (Timbol vs. Cano, 111 Phil. 923).

have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate that may have been made(Sec. 4). Affidavit of Self-adjudication by sole heir (1) If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds (Sec. 1). Summary settlement of estates of small value, when allowed (1) Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed ten thousand pesos, and that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall be held not less than (1) month nor more than three (3) months from the date of the last publication of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and after such other notice to interested persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, and without delay, to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then find to be due; and such persons, in their own right, if they are of lawful age and legal capacity, or by their guardians or trustees legally appointed and qualified, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively. The court shall make such order as may be just respecting the costs of the proceedings, and all orders and judgments made or rendered in the course thereof shall be recorded in the office of the clerk, and the order of partition or award, if it involves real estate, shall be recorded in the proper registers office (Sec. 2). (2) The court, before allowing a partition, may require the distributees, if property other than real is to be distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim (Sec. 3). Remedies of aggrieved parties after extra-judicial settlement of estate (1) The creditor may ask for administration of enough property of the estate sufficient to pay the debt, but the heirs cannot prevent such administration by paying the obligation (McMicking vs. Sy Conbieng, 21 Phil. 211); (2) Where the estate has been summarily settled, the unpaid creditor may, within the two-year period, file a motion in the court wherein such summary settlement was had for the payment of his credit. After the lapse of the two-year period, an ordinary action may be instituted against the distributees within the statute of limitations, but not against the bond. (3) The action to annul a deed of extrajudicial settlement on the ground of fraud should be filed within four years from the discovery of the fraud (Gerona vs. De Guzman, L-19060, May 29, 1964).

Production and Probate of Will (Rule 75) Nature of probate proceeding (1) Probate of a will is a proceeding in rem. It cannot be dispensed with and substituted by another proceeding, judicial or extrajudicial, without offending public policy. It is mandatory as no will shall pass either real or personal property unless proved and allowed in accordance with the Rules. It is imprescriptible, because it is required by public policy and the state could not have intended to defeat the same by applying thereto the statute of limitation of actions (Guevara vs. Guevara, 74 Phil. 479). Who may petition for probate; persons entitled to notice (1) Any executor, devisee, or legatee named in a will, or any other person interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will allowed, whether the same be in his possession or not, or is lost or destroyed. The testator himself may, during his lifetime, petition the court for the allowance of his will (Sec. 1, Rule 76). (2) The court shall also cause copies of the notice of the time and place fixed for proving the will to be addressed to the designated or other known heirs, legatees, and devisees of the testator resident in the Philippines at their places of residence, and deposited in the post office with the postage thereon prepaid at least twenty (20) days before the hearing, if such places of residence be known. A copy of the notice must in like manner be mailed to the person named as executor, if he be not be petitioner; also, to any person named as co-executor not petitioning, if their places of residence be known. Personal service of copies of the notice at least ten (10) days before the day of hearing shall be equivalent to mailing. If the testator asks for the allowance of his own will, notice shall be sent only to his compulsory heirs (Sec. 4, Rule 76). Allowance or Disallowance of Will (Rule 76) Contents of petition for allowance of will (1) A petition for the allowance of a will must show, so far as known to the petitioner: (a) The jurisdictional facts; (b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent; (c) The probable value and character of the property of the estate; (d) The name of the person for whom letters are prayed; (e) If the will has not been delivered to the court, the name of the person having custody of it. But no defect in the petition shall render void the allowance of the will, or the issuance of letters testamentary or of administration with the will annexed (Sec. 2, Rule 76). Grounds for disallowing a will (1) (a) The will shall be disallowed in any of the following cases; If not executed and attested as required by law;

(b) If the testator was insane, or otherwise mentally incapable to make a will, at the time of its execution; (c) If it was executed under duress, or the influence of fear, or threats;

(d) If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of some other person for his benefit; (e) If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument should be his will at the time of fixing his signature thereto(Sec. 9, Rule 76). (2) (a) Grounds under Art. 839, Civil Code: If the formalities required by law have not been complied with;

had in both countries. That which is granted in the jurisdiction of the decedents domicile is termed the principal administration, while any other administration is termed ancillary administration. The ancillary administration is proper whenever a person dies leaving in a country other than that of his domicile, property to be administered in the nature of assets of the decedent, liable for his individual debts or to be distributed among his heirs (Johannes vs. Harvey, 43 Phil. 175). Letters Testamentary and of Administration (Rule 78) (1) Letters testamentary is the appointment issued by a probate court, after the will has been admitted to probate, to the executor named in the will to administer the estate of the deceased testator, provided the executor named in the will is competent, accepts the trust and gives a bond (Sec. 4). When and to whom letters of administration granted (1) No person is competent to serve as executor or administrator who: (a) Is a minor; (b) Is not a resident of the Philippines; and (c) Is in the opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude (Sec. 1). (2) Executor of executor not to administer estate. The executor of an executor shall not, as such, administer the estate of the first testator (Sec. 2). (3) Married women may serve. A married woman may serve as executrix or administratrix, and the marriage of a single woman shall not affect her authority so to serve under a previous appointment (Sec. 3). (4) Letters testamentary issued when will allowed. When a will has been proved and allowed, the court shall issue letters testamentary thereon to the person named as executor therein, if he is competent, accepts the trust, and gives bond as required by these rules (Sec. 4). (5) Where some coexecutors disqualified others may act. When all of the executors named in a will cannot act because of incompetency, refusal to accept the trust, or failure to give bond, on the part of one or more of them, letters testamentary may issue to such of them as are competent, accept and give bond, and they may perform the duties and discharge the trust required by the will (Sec. 5). (6) If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted: (a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve; (b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow, or next of kin, neglects for thirty (30) days after the death of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve; (c) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select (Sec. 6).

(b) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; (c) If it was executed through force or duress, or the influence of fear, or threats;

(d) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; (e) If the signature of the testator was procured by fraud;

(f) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. Reprobate; Requisites before will proved outside allowed in the Philippines; effects of probate (1) Will proved outside Philippines may be allowed here. Wills proved and allowed in a foreign country, according to the laws of such country, may be allowed, filed, and recorded by the proper Court of First Instance in the Philippines (Sec. 1, Rule 77). (2) When will allowed, and effect thereof. If it appears at the hearing that the will should be allowed in the Philippines, the court shall so allow it, and a certificate of its allowance, signed by the judge, and attested by the seal of the court, to which shall be attached a copy of the will, shall be filed and recorded by the clerk, and the will shall have the same effect as if originally proved and allowed in such court (Sec. 3, Rule 77). (3) When a will is thus allowed, the court shall grant letters testamentary, or letters of administration with the will annexed, and such letters testamentary or of administration, shall extend to all the estate of the testator in the Philippines. Such estate, after the payment of just debts and expenses of administration, shall be disposed of according to such will, so far as such will may operate upon it; and the residue, if any, shall be disposed of as is provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country (Sec. 4, Rule 77). (4) Certificate of allowance attached to proved will. To be recorded in the Office of Register of Deeds. If the court is satisfied, upon proof taken and filed, that the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under duress, menace, and undue influence, or fraud, a certificate of its allowance, signed by the judge, and attested by the seal of the court shall be attached to the will and the will and certificate filed and recorded by the clerk. Attested copies of the will devising real estate and of certificate of allowance thereof, shall be recorded in the register of deeds of the province in which the lands lie (Sec. 13, Rule 76). (5) The general rule universally recognized is that administration extends only to the assets of the decedent found within the state or country where it was granted, so that an administrator appointed in one state or country has no power over the property in another state or country (Leon & Ghezzi vs. Manufacturers Life Ins., 80 Phil. 495). When a person dies intestate owning property in the country of his domicile as well as in foreign country, administration shall be

Order of preference (1) Priority in selecting an administrator (a) Surviving spouse, or next of kin, or both, or person as such surviving spouse, or next of kin, requests; (b) One or more of the principal creditors if such surviving spouse, or next of kin, or the person selected, be incompetent or unwilling, or if they neglect for 30 days after the death of the decedent to apply for administration or to request that administration be granted to some other person, it may be granted to, if competent and willing to serve; (c) Such other person as the court may select.

Opposition to issuance of letters testamentary; simultaneous filing of petition for administration (1) Any person interested in a will may state in writing the grounds why letters testamentary should not issue to the persons named therein executors, or any of them, and the court, after hearing upon notice, shall pass upon the sufficiency of such grounds. A petition may, at the same time, be filed for letters of administration with the will annexed (Sec. 1, Rule 79).