SpecPro Report

RULE 79; RRC

RULES 77, 78, and 79BOSLENG, MyrenePILA, Paul DeanRIVERA, Clark Paul1RULE 77Allowance of wills proved outside of the PhilippinesandAdministration of estate thereunderSection 1Wills proved outside of the PHWills proved and allowed in a foreign country according to the laws of such country

may be allowed, filed, and recorded by the proper CFI (RTC) in the Philippines.Section 2Notice of hearing for allowanceCopy of such will

order/decree allowance thereof*BOTH duly authenticated

petition for their allowance in the PH *all filed by the executor/person interested

The court shall fix a time & place for the hearing, (and cause notice thereof in case of an original will presented for allowance)Things to prove in the re-probate hearingThat the testator was domiciled in the foreign country;That the will has been admitted to probate in such country;That the foreign court was (under their laws) a probate court with jurisdiction over the proceedings;That the law on probate procedure in said foreign country AND proof of compliance therewith;The legal requirements in said country for the valid execution of the will.Fluemer vs Hix, 54 Phil. 610Section 3After approval of the will in a hearingA certificate of allowanceSigned by the JudgeAttested by the seal of the CourtA copy of the will shall be attached

Filed AND RecordedBy the ClerkAs if originally proved/allowed in such courtSection 4Estate AdministrationWhen a will is allowed, the court shall:Grant letters testamentary/letters of administration (with the Will annexed)- Which shall extend to all the estate of the testator in the PhilippinesESTATE

DebtsExpenses of administration

REMAINDER which shall be distributed according to the will.

RESIDUE disposed of as if provided by law in cases of estates in the PH belonging to inhabitants of another state/countryRULE 78Letters testamentary and of administration

When and to whom issued

Section 1Who are incompetent to serve as executors/administratorsMinorsNon-residents (of the Philippines(In the opinion of the court to be) Unfit to execute the duties of the trust by reason ofDrunkennessImprovidenceWant of understanding/integrityConvicted of an offense involving moral turpitudeSection 2Executor of executor not to administer estateThe executor of an executor shall not, as such, administer the estate of the first testator.

Section 3Married women may serveA 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.

Section 4Letters testamentary are issued when will is allowedWhen 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.

Section 5Where some coexecutors are disqualified, others may act.When all of the executors named in a will can not 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.

Section 6When and to whom letters of administration are grantedIf 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 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.

RULE 79; RRCOPPOSING ISSUANCE OF LETTERS OF TESTAMENTARY, PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION

What is the main issue in an administration proceeding?Who is the person rightfully entitled to administration. WHO CAN OPPOSE TO ISSUE\]

18Who may oppose the issuance of letters? GENERAL RULE: Any person interested in the will may state in writing the grounds why the letter testimentary should not be issued to the person, or any of them be named executor (Section 1)EXCEPTION: Even where a person who had filed a petition for the allowance of the will of the deceased person had no right to do so in view of his lack of interest in the estate, nevertheless, where the interested persons did not object to its application, the defect in the petition would be deemed cured. The filing of the petition may be considered as having been ratified by the interested parties. (Eusebio vs. Valmores 97 PHIL 163) WHAT WILL THE COURT DO? The court after hearing upon notice shall pass upon the sufficiency of such groundsNOTE: A petition may at the same time be applied for letter of administration with the will annexedWhat are the contents of a petition for letters of administration?It must be filed by an interested person and must show:a. jurisdictional facts; b. name, age, residence of heirs and creditors;c. probable value and character of the estate; andd. name of the person for whom letters is prayed for.No defect in the petition shall render void the issuance of the letters of administration. (Sec. 2)WHAT WILL THE COURT HAVING JURISDICTION DO WHEN A PETITION FOR ADMINISTRATION IS FILED WITHIN IT? The court shall:a. fix the time and place of the hearing of the petition b. cause the publication for 3 Weeks and notice to heirs, creditors and other persons believed to have an interest in the estate is required before hearing. (Sec. 3, please relate this to Secs. 3 & 4, Rule 76)WHO MAY OPPOSE A LETTER OF ADMINISTRATION?Any person may by filing a written opposition, contesting the petition ( Sec.4)WHAT ARE THE GROUNDS TO OPPOSE LETTERS TESTAMENTARY AND A PETITION FOR ADMINISTRATION?In Letters TestamentaryincompetenceIn Letters of Administrationincompetence; preferential right of the heir under Sec. 6, Rule 78. ( the contestants own right to the administration, Sec. 4)NOTE: the contestant may pray that the letter be issued to himself or to any competent person/persons named in the opposition. WHAT SHALL HAPPEN DURING THE HEARING OF THE PETITION FOR ADMINISTRATION?1.It must be shown that notice has been given;2.The court shall hear the proofs of the parties in support of their respective allegations;3.If satisfied that:a. The decedent left no willb. No competent and willing executorOrder the issuance of the letter of administration to the party best entitled thereto (Sec.5)WHO MAY BE GRANTED A LETTER OF ADMINISTRATION? The court my grant letters of administration to any qualified applicant, although it appear that there may that there are other competent persons having a better right of administrationIf such person:a. fails to appear when notifiedb.claim the issuance of the letters themselves ( Sec.6)