SPECIAL PROCEEDINGS

Rules 72 to 77
 SUBJECT MATTER AND APPLICABILITY OF
GENERAL RULES
• Special Proceeding
• a remedy by which a party seeks to establish a status, a right, or a
particular fact

• Nature of Special Proceedings

• Generally, special proceedings are non-adversarial in nature, because
there is no definite adverse party in such proceedings.
• It may remain non-adversarial until the case is concluded, or it may also
happen that it is transformed into an adversarial proceeding, such as
when there are oppositors to the petition.
2
 SUBJECT MATTER OF SPECIAL PROCEEDINGS—
IMPORTANT NOTES
• Rule 99: Adoption – The procedure for rescission and revocation of
adoption has been assimilated on the Rule on Adoption which became
effective on August 22, 2002.
• Rule 104: Voluntary dissolution of corporations–Petition for voluntary
dissolution of corporation is now filed with the SEC and not the courts
pursuant to Sections 118 and 119 of the Corporation Code.
• Petition for liquidation of an insolvent corporation is classified as a special
proceeding.
• Rule 106: Constitution of Family Home—After the effectivity of the
Family Code, there is no more need to constitute a family home for
the same is deemed automatically constituted under Art. 153 of the 3
Family Code.
 SUBJECT MATTER OF SPECIAL PROCEEDINGS—
IMPORTANT NOTES

• Rule 107: Declaration of absence and death—A petition for

declaration of presumptive death is not a special proceeding

• The list under Rule 72 is not exclusive.

4
 APPLICABLE RULES OF CIVIL PROCEDURE
• Preparation, filing, and service of applications, motions,
and other papers;
• Omnibus motion rule;
• Subpoena;
• Computation of time;
• Motion for new trial;
• Modes of discovery;
• Trial before Commissioners; and
• Demurrer to evidence 5
 SETTLEMENT OF ESTATE OF DECEASED PERSONS
(SUBSTANTIVE BASIS: ART. 777 OF THE CIVIL CODE)

Issuance of letters
Production of will, Allowance or testamentary or
Death in case of testate disallowance of will letters of
(Rule 75) (testate), Rule 76 administration (Rule
78)

Filing of claims Payments of debts Partition and

against estate (Rule of the estate (Rules Distribution of Closure
86) 88 and 89) Estate (Rule 90)

6
 MODES OF SETTLEMENT OF ESTATE OF A
DECEASED PERSON/PRESUMED DEAD
• Partition (Rule 69)
• Extrajudicial Settlement of Estate (Rule 74, Sec 1)
• Summary Settlement of Estate of Small Value (Rule 74, Sec 2)
• Probate of Will (Rules of 75 to 77)
• Petition for Letters Testamentary (Rules 78 to 79)
• Petition for Letters of Administration in cases of Intestacy (Rule 79)
7
 TWO KINDS OF SETTLEMENT
• Extrajudicial Settlement
• a proceeding where the decedent had left no will and no debts, and the heirs
adjudicate the estate among themselves without seeking letters of
administration
• Judicial Settlement (proceeding in rem)
• testate or intestate proceeding instituted in the country where decedent had
his residence at the time of his death or had estate if a nonresident
• Summary settlement of estate (if the value of estate is below P10,000);
and
• Regular settlement of estate 8
 VENUE AND PROCESS (RULE 73)
• Jurisdiction depends upon the gross
value of the estate of the decedent
• Venue of estate proceedings • In Metro Manila—MTC: gross value does
• Inhabitant of the Philippines (whether citizen not exceed P400,000; otherwise, RTC.
or alien) at the time of his death • Outside Metro Manila—MTC: gross value
• Court of the province/city where the does not exceed P300,000; otherwise, RTC.
deceased resides at the time of death
• Jurisdiction over the subject matter is
determined by the material allegations in
• Inhabitant of Foreign Country the petition; hence, it is not the actual
• Court of any province wherein he had his gross value of the estate which is the
estate basis of jurisdiction, but the alleged
gross value of the estate. 9
 RULE OF PREFERENTIAL JURISDICTION
• General Rule: The court first taking cognizance of the settlement
of the estate of the decedent shall exercise jurisdiction to the
exclusion of all other courts. (Rule 73, Sec. 1)
• Exception: Estoppel by laches.
• Remedies for Impropriety of Venue
• In an appeal from the court, in the original case; or
• When the want of jurisdiction appears on the record.

10
 EXTENT OF JURISDICTION
• Liquidation of the estate;
• Administration of the estate; and
• Distribution of the estate.

• Probate court may admit complaint-in-intervention provided that it

obtained the consent of all interested parties to its assumption of
jurisdiction over the question to the title to the properties.

11
JURISDICTION OVER QUESTIONS TO TITLE TO PROPERTY
• General Rule: A probate court cannot determine the issue of
ownership.

• Exceptions
• Ownership may be provisionally determined for the purpose of
including property in inventory;
• When all the heirs who take part in the distribution of the decedent’s
estate are before the court, in all matters and incidents necessary to
the complete settlement of such estate, so long as no interests of
third parties are affected; and
• Question is one of collation or advancement. 12
OTHER QUESTIONS THE PROBATE COURT CAN DETERMINE
• Status of a woman who claims to be the lawful wife of the decedent;
• Whether property in inventory is conjugal or exclusive property of
deceased spouse;
• The status of each heir;
• Matters incidental or collateral to the settlement and distribution of the
estate;
• The validity of a waiver of hereditary rights;
• Who the heirs of the decedent are;
• The validity of disinheritance effected by the testator; and
• The recognition of a natural child. 13
SETTLEMENT OF ESTATE UPON DISSOLUTION OF MARRIAGE

• Community property shall be inventoried, administered, and

liquidated, and debts shall be paid in the testate or intestate
proceedings of the deceased spouse.
• If both spouse have died, the conjugal partnership shall be
liquidated in the testate or intestate proceedings of either.
• A creditor cannot sue the surviving spouse of a decedent in an
ordinary proceeding for collection of sum of money
chargeable against the conjugal property. The proper remedy
is for the creditor to file a claim in the settlement of estate of
the decedent. 14
 PROCESS
• The RTC may issue warrants and processes to compel the
attendance of witnesses or to carry into effect their orders
and judgments, and all other powers granted them by law.
• If a person does not perform an order or judgment rendered
by a court in the exercise of its probate jurisdiction, it may
issue a warrant for the apprehension and imprisonment of
such person until he performs such order or judgment, or is
released.

15
INSTANCES WHEREIN A PROBATE COURT MAY ISSUE A WRIT
OF EXECUTION

• Partition expenses;
• Examination costs;
• Contributive shares; and
• Surety’s liability on bonds

16
 PRESUMPTION OF DEATH
(ARTS. 390-392, CIVIL CODE)
Period of absence and circumstances Purpose
7 years, unknown whether or not the Presumed dead for all purposes,
absentee still lives except succession

10 years (or 5 years if age is above 75) Opening of succession

4 years, on board a vessel or All purposes including the division of
aeroplane; in the armed forces that estate among heirs
has taken part in war; in danger of
death under other circumstances—
missing, not heard from, or existence
17
not known since
 PRESUMPTION OF DEATH; REAPPEARANCE
(ARTS. 390-392, CIVIL CODE)
Returning absentee’s recovery of his estate is subject to the following
conditions:

1. All his debts must have been paid;

2. He shall recover his property in the condition in which it may be found
together with the price of any property that may have been alienated or
the property acquired therewith; and

3. He is not entitled to the fruits or rent.

18
 SUMMARY SETTLEMENT OF ESTATES
(RULE 74)
A judicial proceeding wherein without the appointment of
an Executor or Administrator and without delay, the
competent court summarily proceeds to:

1. Value the estate of the decedent;

2. Ascertain his debts and order payment thereof;
3. Allow his will if any;
4. Declare his heirs, devisees, and legatees; and
5. Distribute his net estate among his known heirs, devisees,
19
and legatees
 SUMMARY SETTLEMENT OF ESTATES
(RULE 74)
The settlement of the The heirs may resort to:
General Rule

Exceptions
estate of the decedent 1. Extrajudicial
should be judicially settlement of estate
administered through an (Sec. 1); or
EXECAD.
2. Summary settlement
of estates of small value
(Sec. 2)

Note: In both exceptional circumstances,

20
an EXECAD need not be appointed.
 EXTRAJUDICIAL SETTLEMENT BY AGREEMENT OF THE
HEIRS (RULE 74, SEC. 1)

Division of estate in a public instrument or affidavit of

adjudication

Filing of public instrument/affidavit of adjudication with

Registry of Deeds, including bond equivalent to the
value of the personal property

Publication of notice of the fact of extrajudicial

settlement in a newspaper of general circulation (once a 21
week for 3 consecutive weeks)
 EXTRAJUDICIAL SETTLEMENT BY AGREEMENT
OF THE HEIRS—REQUISITES
• No will and debts (or these debts have been paid by
the heirs at the time the extrajudicial settlement is
entered into)
Substantive • Heirs are all of age or minors are represented by
their judicial or legal representatives duly
authorized for the purpose

• Division of estate must be in a public instrument or

affidavit of self-adjudication in case of sole heir
Procedural • Filing with Registry of Deeds
• Filing of bond from each or a joint bond for all 22
SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE

• The summary settlement of estates of small value is within the

jurisdiction of the MTCs. (B.P. Blg. 129)
• May be chosen by the heirs regardless of whether the decedent
died testate or intestate.

23
 SUMMARY SETTLEMENT OF ESTATES
OF SMALL VALUE—REQUISITES

• The complaint must allege that the gross value of the estate of the
Substantive
decedent does not exceed PhP 10,000.

• Petition of an interested person must contain allegation of gross value of

estate;
• Date of hearing shall be set by court not less than 1 month nor more than
3 months from the date of last publication of notice; order of hearing
Procedural published once a week for 3 consecutive weeks in a newspaper of
general circulation;
• Notice to be served upon such interested persons as the court may
direct; and 24
• Bond in amount fixed by court.
 SUMMARY SETTLEMENT OF ESTATES
OF SMALL VALUE—PROCEDURE

Petition for summary Publication of petition

settlement with an once a week for 3
A bond in the amount
allegation that the gross consecutive weeks in a
fixed by court is filed.
value of estate does not newspaper of general
exceed P10,000 circulation.

Hearing on the petition Heirs in their own right, of

Court may proceed lawful age and legal capacity,
held not less than 1 month
summarily and even or by their legal guardians or
nor more than 3 months trustees, may receive and
without the appointment
from the date of the last enter into possession of the
of an EXECAD.
publication notice. portion awarded to them. 25
 LIABILITY OF DISTRIBUTEES AND ESTATE

When settlement of estates in the courts may be compelled:

1. If there is an undue deprivation of lawful participation on the estate on the

part of an heir or other interested person;
2. There exists debts against the estate; or

3. There has been an undue deprivation of lawful participation payable in

money on the part of an heir or other interested person.

26
 REMEDIES OF THE AGGRIEVED PARTIES AFTER
SETTLEMENT OF THE ESTATE
1. Within 2 years—claim against the bond or the real estate or both (Sec 4);

2. Rescission in case of preterition of compulsory heir in partition tainted with

bad faith (Art. 1104, Civil Code);
3. Reconveyance of real property;

4. Action to annul a deed of extrajudicial settlement on the ground of fraud,

which should be filed within 4 years from discovery of fraud; or
5. Petition for relief on the ground of FAME—60 days after petitioner learns of
the judgment, and not more than 6 months after such judgment was entered27
(Rule 38).
 REMEDIES OF THE CREDITOR—
IF NOT SETTLED WITHIN THE 2-YEAR PERIOD

1. Within 2 years—File a motion in court wherein such summary settlement

was had, for the payment of his credit;
2. After 2 years—ordinary action against the distributees within the statute of
limitations but not against the bond;
3. Annotation of lien on real property;

28
PERIOD FOR CLAIM OF MINOR OR INCAPACITATED PERSON
Claim within 1 year after such disability is removed, if on the date of the
expiration of the 2-year period, the creditor or heir is:
1. a minor;
2. incapacitated;
3. in prison; or
4. outside the Philippines

29
PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY
(RULE 75)

• WILL >> a species of conveyance whereby a person is permitted,

with the formalities prescribed by law, to control to a certain
degree the disposition of his estate after his death.
• No will shall pass either real or personal estate unless it is proved
and allowed in the proper court. Subject to the right of appeal,
such allowance of the will shall be conclusive as to its due
execution (Sec 1).

30
 PROCEDURE IN JUDICIAL SETTLEMENT OF ESTATE

Allowance/ Issuance of letters

Filing of the
Notice of hearing disallowance of will testamentary/ of
initiatory pleading
(probate proper) administration

Filing and approval Determination of

Payment of debts
of claims against heirs and Closure
and expenses
estate distribution

31
 NATURE OF PROBATE PROCEEDINGS

Mandatory
In Rem
>> must be proved and allowed in
>> binding on the whole world
the proper court

PROBATE
PROCEEDINGS

Imprescriptible Estoppel does not apply

>> even against the State >> involves public interest

32
 CUSTODIAN OF WILL, EXECUTOR—DUTIES
Custodian of Will Executor
Must deliver the will to court or to the Within 20 days after he knows of the
executor within 20 days after he learns testator’s death, or after he knows
of the death of the testator that he is named executor if he knows
it after the testator’s death:
1. Present the will to court; and
2. Signify in writing his acceptance or
refusal of the trust.
If he neglects without reasonable Negligence of duties without excuse
cause to deliver the will after the satisfactory to the court shall be fined.
death of the testator, when ordered to
do so, may be committed to prison
until he delivers the same. 33
 ALLOWANCE OR DISALLOWANCE OF WILL
(RULE 76)
• Probate >> the act of proving in a court a document purporting
to be the last will and testament of a deceased person in order
that it may be officially recognized, registered, and its provisions
carried out insofar as they are in accordance with the law.
• Who may petition for the allowance of will?
• Executor
• Devisee or legatee named in a will
• Any other person interested in the estate
• The testator himself
34
• Any creditor
 ALLOWANCE OR DISALLOWANCE OF WILL
--CONTENTS OF PETITION
• Jurisdictional facts
• Death of the testator;
• Testator’s residence at the time of death, or the province where estate was left
by the decedent who is a non-resident; and
• The fact that the will has been delivered to the court.
• Names, ages, and residence of the heirs, legatees, and devisees of the
testator or decedent;
• Probable value and character of the property of the estate;
• Name of the person for whom the letters are prayed; and
• Name of the person having custody of the will if it has not been
delivered to the court. 35
 ALLOWANCE OR DISALLOWANCE OF WILL
--JURISDICTIONAL REQUIREMENTS
• Petition must be verified;
• Certificate against forum shopping must be attached to the
petition;
• Payment of docket and other lawful fees; and
• Publication of notice of hearing.

36
 ALLOWANCE OR DISALLOWANCE OF WILL
--EFFECT OF THE PROBATE OF A WILL

• It is conclusive as to the execution and validity of the will (even

against the State); thus, a criminal case against the forger may
not lie after the will has been probated.
• Sec 1, Rule 76 cannot be waived. The same requirement is
embodied in Art. 838 of the Civil Code, which is a substantive law.

37
 ALLOWANCE OR DISALLOWANCE OF WILL
--EXTRINSIC VALIDITY OF A WILL

• General Rule: What is determined is the extrinsic validity, and not the
intrinsic validity of testamentary dispositions, which covers only
matters involving:
• Legal formalities
• Testamentary capacity
• Due execution
• Exceptions: Principle of practical considerations
• Waste of time, effort, and expense, coupled with anxiety 38
• All testamentary dispositions are void and the defect is apparent on its face
 ALLOWANCE OR DISALLOWANCE OF WILL
--EXTRINSIC VALIDITY OF A WILL
• Testamentary capacity refers to testator’s ability to know:
• The nature of the estate to be disposed of;
• The proper objects of his bounty; and Art. 799, Civil Code
• The character of the testamentary act.
• Due execution refers to the voluntariness of the testator to dispose
of his estate.
No vitiation of consent through duress, fear, or threats;
Not procured by undue or improper pressure or influence; and
39
Signature of testator is genuine.
 ALLOWANCE OR DISALLOWANCE OF WILL
NOTARIAL WILLS (FORMAL REQUISITES, ARTS. 804-806, CIVIL CODE)
• Must be in writing and executed in the language known to the testator;
• Must be subscribed at the end, as a rule, by the testator himself;
• Must be attested and subscribed to by at least 3 witnesses in the presence of the
testator and of one another;
• Testator and witnesses must sign each and every page, except the last, on the
left margin;
• All pages of the will must be numbered;
• The attestation must state (a) the number of pages of the will, (b) the fact that
the testator signed the will and every page in the presence of the witnesses, (c)
the witnesses signed the will and all its pages in the testator’s presence and of
one another; and
• The testator and the witnesses must acknowledge the will before a notary public.
40
 ALLOWANCE OR DISALLOWANCE OF WILL
--COURT TO APPOINT TIME FOR PROVING WILL; PUBLICATION OF NOTICE

• The probate of a will is a proceeding in rem, and the

publication provided for by the Rule is a jurisdictional
requirement.
• The personal service of notice upon the heirs is a matter
of procedural convenience, and not a jurisdictional
requisite.
• If the petition is on the testator’s own initiative during
his lifetime:
• No publication is necessary (Sec 3); and
• Notice shall be made only to the compulsory heirs (Sec 4). 41
 ALLOWANCE OR DISALLOWANCE OF WILL
--PERSONS TO BE NOTIFIED

• Designated or known heirs, legatees, and devisees residing in

the Philippines;
• Executor or co-executor if not petitioner, if their places of
residence are known; or
• Compulsory heirs, if the testator asks for the allowance of his
own will.
• Modes of Notification
• If by mail: at least 20 days before hearing if the places of residence are known; or
• If by personal service: at least 10 days before hearing. 42
 ALLOWANCE OR DISALLOWANCE OF WILL
--EVIDENCE REQUIRED IN SUPPORT OF A WILL (UNCONTESTED)
Notarial Wills
If no person appears to contest the allowance of the will,
the court may grant allowance thereof on the testimony
of one of the subscribing witnesses only, if such witness
testifies that the will was executed as required by law.
a. If all subscribing witnesses reside outside the
province: deposition is allowed and the court may
authorize a photographic copy of the will be made
and to be presented to the witness on his
examination.
b. If the subscribing witnesses are dead, insane, or none
of them resides in the Philippines: the court may
admit testimony of the testator, and the due
execution of the will, and as evidence of the execution
of the will, it may admit proof of the handwriting of
the testator and of the subscribing witnesses or of any
of them.
Holographic Wills
It shall be necessary that at least 1 witness who knows the
handwriting and signature of the testator explicitly
declare that the will and signature are in the handwriting
of the testator.
In the absence of such witness, and if the court deems it
necessary, expert testimony may be resorted to. (Sec 5)
It is not mandatory that witnesses be first presented
before expert testimony may be resorted to, unlike
notarial wills wherein the attesting witnesses must first
be presented or accounted for.
43
 ALLOWANCE OR DISALLOWANCE OF WILL
--PROOF OF LOST OR DESTROYED WILL; CERTIFICATE THEREUPON

• Facts which should be proved in order that a lost or destroyed

will may be allowed (Sec 6):
• That the will has been duly executed by the testator;
• That the will was in existence when the testator died, or if not, that it has
been fraudulently or accidentally destroyed in the lifetime of the
testator without his knowledge; and
• The provisions of the will are clearly established by at least 2 credible
witnesses.

44
 ALLOWANCE OR DISALLOWANCE OF WILL
--PROOF OF LOST OR DESTROYED WILL; CERTIFICATE THEREUPON

• General Rule: A holographic will if destroyed cannot be probated.

• Exception: If there exists a photostatic copy thereof.

• Reason: This is because the best and only evidence is the handwriting of
the testator in the said will.

45
 ALLOWANCE OR DISALLOWANCE OF WILL
--GROUNDS FOR DISALLOWING WILL (SEC 9—EXCLUSIVE LIST)

• The will shall be disallowed in any of the following cases:

• If not executed and attested to as required by law;
• If the testator was insane, or otherwise mentally incapable to make a
will, at the time of its execution;
• If it was executed under duress, the influence of fear, or threats;
• 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; or
• 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
46
signature thereto.
 ALLOWANCE OR DISALLOWANCE OF WILL
--GROUNDS FOR DISALLOWING WILL

• Substantial Compliance Rule

• If the will has been executed in substantial compliance with the
formalities of the law, and the possibility of bad faith is obviated, said
will should be admitted to probate. (Art 809, Civil Code)
• Joint Probate of Separate Wills
• Separate wills which contain essentially the same provisions and pertain
to properties which in all probability are conjugal in nature, practical
considerations dictate their joint probate.
• Separate wills are probated jointly in view of simultaneous deaths of the
spouses-testators. 47
 ALLOWANCE OR DISALLOWANCE OF WILL
--CONTESTANT TO FILE GROUNDS OF CONTEST (SEC 10)

• Contestant must:
• State in writing his grounds for opposing the allowance of the will; and
• Serve a copy thereof to petitioner and other interested parties.

48
 ALLOWANCE OR DISALLOWANCE OF WILL
--SUBSCRIBING WITNESSES PRODUCED OR ACCOUNTED FOR WHERE
WILL IS CONTESTED (SEC 11)

• Evidence Required in Support of a Contested Notarial Will

• All subscribing witnesses and the notary public before whom the will
was acknowledged, if present in the Philippines and not insane, must be
produced and examined, and the death, absence, or insanity of any of
them must be satisfactorily shown.
• Evidence Required in Support of a Contested Holographic Will
• The same shall be allowed if at least 3 witnesses who know the
handwriting of the testator explicitly declare that the will and the
signature are in the handwriting of the testator. 49
 ALLOWANCE OR DISALLOWANCE OF WILL
--PROOF WHERE TESTATOR PETITIONS FOR ALLOWANCE OF
HOLOGRAPHIC WILL (SEC 12)
• Where the testator himself petitions for the probate of his
holographic will and no contest is filed, the fact that he affirms
that the holographic will and the signature are in his own
handwriting, shall be sufficient evidence of the genuineness and
due execution thereof.
• If the holographic will is contested, the burden of disproving the
genuineness and due execution thereof shall be on the
contestant.
50
 ALLOWANCE OR DISALLOWANCE OF WILL
--CERTIFICATE OF ALLOWANCE ATTACHED TO PROVE WILL; TO BE
RECORDED IN THE OFFICE OF THE REGISTRY OF DEEDS
• Certificate of allowance—issued if the court is satisfied upon
proof that:
• Will was duly executed;
• Testator was of sound and disposing mind at the time of execution; and
• Testator was not acting under duress, menace, and undue influence, or
fraud.
• Certificate of allowance must be:
• Signed by the judge;
• Attested by the seal of the court; and 51
• Attached to the will.
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)

• Allowance of a Will of a Foreigner

• A will of a foreigner executed abroad can be probated in the Philippines
without need of being probated abroad.
• The will of an alien who is abroad produces effect in the Philippines if made
in accordance with the formalities prescribed by the law of the place where
he resides, or according to the formalities observed in his country. (Art 816,
Civil Code)

52
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)
• Reprobate
• A special proceeding to establish the validity of a will proved in a foreign
country.
• A will probated in a foreign country must be re-probated in the Philippines.
If the decedent owns properties in different countries, separate
proceedings must be had to cover the same.
• When a copy of such will and of the order or decree of the allowance
thereof, both duly authenticated, are filed with a petition for allowance in
the Philippines, by the executor or other interested person, in the court
having jurisdiction, such court shall fix a time and place for the hearing, and
cause notice to be given as in case of an original will presented for
allowance. 53
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)
• What should be filed?
• Petition for allowance accompanied with:
• Authenticated copy of the will; and
• Authenticated decree of the allowance thereof.

• As to notices, the will probated abroad should be treated as if it

were an original will or a will presented for probate for the first
time. Therefore, Sections 3 and 4 of Rule 76 apply.

54
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)

• Evidence to be presented for the reprobate of the will

• The due execution of the will in accordance with the foreign law;
• Testator has his domicile in the foreign country and not in the
Philippines;
• The will has been admitted to probate in such country; and
• The laws of a foreign country on procedure and allowance of wills.
• Doctrine of Processual Presumption
• Where a foreign law is not pleaded or, even if pleaded, is not proved, the
presumption is that the foreign law is the same as ours. 55
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)

• When will allowed, and effect thereof (Sec 3)

• If it appears at the hearing that the will should be allowed in the
Philippines, the court shall allow it, and a certificated 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)

56
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)

• Effects of Admission of a Foreign Will (sec 4)

• The court shall grant letters testamentary or letters of administration
with the will annexed;
• The said letters shall extend only to the testator’s estate in the
Philippines;
• The estate shall be disposed of following the will after just debts and
expenses of administration are paid; and
• Any residue shall be disposed of as provided for estates in the
Philippines belonging to persons who do not reside in the country.
57
 ALLOWANCE OR DISALLOWANCE OF WILL PROVED OUTSIDE THE
PHILIPPINES AND ADMINISTRATION OF ESTATE HEREUNDER (RULE 77)

• Ancillary Administration
• When a person dies intestate owning property in the country of domicile
as well as in a foreign country, administration shall be had in both
countries. That which is granted in the jurisdiction other than the
decedent’s domicile is termed ancillary administration.

58