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Section 6. Proof of lost or destroyed will. Certificate (e) If the signature of the testator was
thereupon. No will shall be proved as a lost or procured by fraud or trick, and he did
destroyed will unless the execution and validity of the not intend that the instrument should be
same be established, and the will is proved to have his will at the time of fixing his signature
been in existence at the time of the death of the thereto.
testator, or is shown to have been fraudulently or
accidentally destroyed in the lifetime of the testator Section 10. Contestant to file grounds of contest.
without his knowledge, nor unless its provisions are Anyone appearing to contest the will must state in
clearly and distinctly proved by at least two (2) credible writing his grounds for opposing its allowance, and
witnesses. When a lost will is proved, the provisions serve a copy thereof on the petitioner and other parties
thereof must be distinctly stated and certified by the interested in the estate.
judge, under the seal of the court, and the certificate
must be filed and recorded as other wills are filed and Section 11. Subscribing witnesses produced or
recorded. accounted for where will contested. If the will is
contested, all the subscribing witnesses, and the notary
Section 7. Proof when witnesses do not reside in in the case of wills executed under the Civil Code of the
province. If it appears at the time fixed for the Philippines, if present in the Philippines and not insane,
hearing that none of the subscribing witnesses resides must be produced and examined, and the death,
in the province, but that the deposition of one or more absence, or insanity of any of them must be
of them can be taken elsewhere, the court may, on satisfactorily shown to the court. If all or some of such
motion, direct it to be taken, and may authorize a witnesses are present in the Philippines but outside the
photographic copy of the will to be made and to be province where the will has been filed, their deposition
presented to the witness on his examination, who may must be taken. If any or all of them testify against the
be asked the same questions with respect to it, and to due execution of the will, or do not remember having
the handwriting of the testator and others, as would be attested to it, or are otherwise of doubtful credibility, the
pertinent and competent if the original will were will may nevertheless, be allowed if the court is
present. satisfied from the testimony of other witnesses and
from all the evidence presented that the will was
Section 8. Proof when witnesses dead or insane or do executed and attested in the manner required by law.
not reside in the Philippines. If the appears at the
time fixed for the hearing that the subscribing witnesses If a holdgraphic will is contested, the same shall be
are dead or insane, or that allowed if at least three (3) witnesses who know the
handwriting of the testator explicitly declare that the will
none of them resides in the Philippines, the court may and the signature are in the handwriting of the testator;
admit the testimony of other witnesses to prove the in the absence of any competent witnesses, and if the
sanity of the testator, and the due execution of the will; court deem it necessary, expert testimony may be
and as evidence of the execution of the will, it may resorted to.
admit proof of the handwriting of the testator and of the
subscribing witnesses, or of any of them. Section 12. Proof where testator petitions for
allowance of holographic will. Where the testator
Section 9. Grounds for disallowing will. The will shall himself petitions for the probate of his holographic will
be disallowed in any of the following cases: and no contest is filed, the fact that the affirms that the
holographic will and the signature are in his own
(a) If not executed and attested as handwriting, shall be sufficient evidence of the
required by law; genuineness and due execution thereof. If the
holographic will is contested, the burden of disproving
(b) If the testator was insane, or the genuineness and due execution thereof shall be on
otherwise mentally incapable to make a the contestant. The testator to rebut the evidence for
will, at the time of its execution; the contestant.
(c) If it was executed under duress, or Section 13. Certificate of allowance attached to prove
the influence of fear, or threats; 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 Section 1. Who are incompetent to serve as executors
influence, or fraud, a certificate of its allowance, signed or administrators. No person in competent to serve
by the judge, and attested by the seal of the court shall as executor or administrator who:
be attached to the will and the will and certificate filed
and recorded by the clerk. Attested copies of the will (a) Is a minor;
devising real estate and of certificate of allowance
thereof, shall be recorded in the register of deeds of the (b) Is not a resident of the Philippines; and
province in which the lands lie.
(c) Is in the opinion of the court unfit to execute
the duties of the trust by reason of
drunkenness, improvidence, or want of
RULE 77 understanding or integrity, or by reason of
conviction of an offense involving moral
Allowance of Will Proved Outside of Philippines turpitude.
and Administration of Estate Thereunder
Section 2. Executor of executor not to administer
Section 1. Will proved outside Philippines may be estate. The executor of an executor shall not, as
allowed here. Wills proved and allowed in a foreign such, administer the estate of the first testator.
country, according to the laws of such country, may be
allowed, filed, and recorded by the proper Court of First Section 3. Married women may serve. A married
Instance in the Philippines. woman may serve as executrix or administratrix, and
the marriage of a single woman shall not affect her
Section 2. Notice of hearing for allowance. When a authority so to serve under a previous appointment.
copy of such will and of the order or decree of the
allowance thereof, both duly authenticated, are filed Section 4. Letters testamentary issued when will
with a petition for allowance in the Philippines, by the allowed. When a will has been proved and allowed,
executor or other person interested, in the court having the court shall issue letters testamentary thereon to the
jurisdiction, such court shall fix a time and place for the person named as executor therein, if he is competent,
hearing, and cause notice thereof to be given as in accepts the trust, and gives bond as required by these
case of an original will presented for allowance. rules.
Section 3. When will allowed, and effect thereof. If it Section 5. Where some coexecutors disqualified
appears at the hearing that the will should be allowed in others may act. When all of the executors named in
the Philippines, the shall so allow it, and a certificate of a will can not act because of incompetency, refusal to
its allowance, signed by the judge, and attested by the accept the trust, or failure to give bond, on the part of
seal of the court, to which shall be attached a copy of one or more of them, letters testamentary may issue to
the will, shall be filed and recorded by the clerk, and the such of them as are competent, accept and give bond,
will shall have the same effect as if originally proves and they may perform the duties and discharge the
and allowed in such court. trust required by the will.
Section 4. Estate, how administered. When a will is Section 6. When and to whom letters of administration
thus allowed, the court shall grant letters testamentary, granted. If no executor is named in the will, or the
or letters of administration with the will annexed, and executor or executors are incompetent, refuse the trust,
such letters testamentary or of administration, shall or fail to give bond, or a person dies intestate,
extend to all the estate of the testator in the Philippines. administration shall be granted:
Such estate, after the payment of just debts and
expenses of administration, shall be disposed of (a) To the surviving husband or wife, as the
according to such will, so far as such will may operate case may be, or next of kin, or both, in the
upon it; and the residue, if any shall be disposed of as discretion of the court, or to such person as
is provided by law in cases of estates in the Philippines such surviving husband or wife, or next of kin,
belonging to persons who are inhabitants of another requests to have appointed, if competent and
state or country. willing to serve;
(a) To make and return to the court, Revocation of Administration, Death, Resignation,
within three (3) months, a true and and Removal of Executors or Administrators
complete inventory of all goods,
chattels, rights, credits, and estate of Section 1. Administration revoked if will
the deceased which shall come to his discovered. Proceedings thereupon. If after letters of
possession or knowledge or to the administration have been granted on the estate of a
possession of any other person for him; decedent as if he had died intestate, his will is proved
and allowed by the court, the letters of administration
(b) To administer according to these shall be revoked and all powers thereunder cease, and
rules, and, if an executor, according to the administrator shall forthwith surrender the letters to
the will of the testator, all goods, the court, and render his account with such time as the
chattels, rights, credits, and estate court directs. Proceeding for the issuance of letters
which shall at any time come to his testamentary or of administration under the will shall be
possession or to the possession of any as hereinbefore provided.
other person for him, and from the
proceeds to pay and discharge all Section 2. Court may be remove or accept resignation
debts, legacies, and charges on the of executor or administrator. Proceeding upon death,
same, or such dividends thereon as resignation, or removal. If an executor or
shall be decreed by the court; administrator neglects to render his account and settle
the estate according to law, or to perform an order or
(c) To render a true and just account of judgment of the court, or a duty expressly provided by
his administration to the court within these rules, or absconds, or becomes insane, or
one (1) years, and at any other time otherwise incapable or insuitable to discharge the trust,
when required by the court; the court may remove him, or in its discretion, may
permit him to resign. When an executor or administrator
dies, resign, or is removed the remaining executor or
(d) To perform all orders of the court by
administrator may administer the the trust alone, unless
him to be performed.
the court grants letters to someone to act with him. If
there is no remaining executor or administrator,
Section 2. Bond of executor where directed in administration may be to any suitable person.
will. When further bond required. If the testator in his
will directs that the executors serve without bond, or
Section 3. Acts before revocation, resignation, or
with only his individual bond, he may be allowed by the
removal to be valid. The lawful acts of an executor or
court to give bond in such sum and with such surety as
administrator before the revocation of his letters
the court approves conditioned only to pay the debts of
testamentary or of administration, or before his
the testator; but the court may require of the executor a
resignation or removal, shall have the like validity as if
further bond in case of a change in his circumstance, or
there had been no such revocation, resignation, or
for other sufficient case, with the conditions named in
removal.
the last preceding section.
Section 4. Powers of new executor or administrator.
Section 3. Bonds of joint executors and administrators.
Renewal of license to sell real estate. The person to
When two or more persons are appointed executors
whom letters testamentary or of administration are
or administrators the court may take a separate bond
granted after the revocation of former letters, or the
from each, or a joint bond from all.
death, resignation, or removal of a former executor or
administrator, shall have the like powers to collect and property in their hands or control. On the written
settle the estate not administered that the former application of such executor or administrator, the court
executor or administrator had, and may prosecute or having jurisdiction of the estate may order any such
defend actions commenced by or against the former surviving partner or partners to freely permit the
executor or administrator, and have execution on exercise of the rights, and to exhibit the books, papers,
judgments recovered in the name of such former and property, as in this section provided, and may
executor or administrator. An authority granted by the punish any partner failing to do so for contempt.
court to the former executor or administrator for the
sale or mortgage of real estate may be renewed in Section 2. Executor or administrator to keep buildings
favor of such person without further notice or hearing. in repair. An executor or administrator shall maintain
in tenanble repair the houses and other structures and
fences belonging to the estate, and deliver the same in
such repair to the heirs or devisees when directed so to
RULE 83 do by the court.
Inventory and Appraisal. Provision for Support of Section 3. Executor or administrator to retain whole
Family estate to pay debts, and to administer estate not willed.
An executor or administrator shall have the right to
Section 1. Inventory and appraisal to be returned the possession and management of the real as well as
within three months. Within three (3) months after the personal estate of the deceased so long as it is
his appointment every executor or administrator shall necessary for the payment of the debts and the
return to the court a true inventory and appraisal of all expenses of administration.
real and personal estate of the deceased which has
come into his possession or knowledge. In the
appraisement of such estate, the court may order one
or more of the inheritance tax appraisers to give his or RULE 85
their assistance.
Accountability and Compensation of Executors and
Section 2. Certain article not to be inventoried. The Administrators
wearing apparel of the surviving husband or wife and
minor children., the marriage bed and bedding, and Section 1. Executor or administrator chargeable with
such provisions and other articles as will necessarily be all estate and income. Except as otherwise
consumed in the substinence of the family of the expressly provided in the following sections, every
deceased, under the direction of the court, shall not be executor or administrator is chargeable in his account
considered as assets, nor administered as such, and with the whole of the estate of the deceased which has
shall not be included in the inventory. come into his possession, at the value of the
appraisement contained in the inventory; with all the
Section 3. Allowance to widow and family. The interest, profit, and income of such estate; and with the
widow and minor or incapacitated children of a proceeds of so much of the estate as is sold by him, at
deceased person, during the settlement of the estate, the price at which it was sold.
shall receive therefrom, under the direction of the court,
such allowance as are provided by law. Section 2. Not to profit by increase or lose by decrease
in value. No executor or administrator shall profit by
the increase, or suffer loss by the decrease or
destruction, without his fault, of any part of the estate.
RULE 84 He must account for the excess when he sells any part
of the estate for more than the appraisement, and if any
General Powers and Duties of Executors and is sold for the less than the appraisement, he is not
Administrators responsible for the loss, if the sale has justly made. If
he settles any claim against the estate for less than its
nominal value, he is entitled to charge in his account
Section 1. Executor or administrator to have access to
only the amount he actually paid on the settlement.
partnership books and property. How right enforced.
The executor or administrator of the estate of a
deceased partner shall at all times have access to, and Section 3. When not accountable for debts due estate.
may examine and take copies of, books and papers No executor or administrator shall be accountable
relating to the partnership business, and make examine for debts due the deceased which remain uncollected
and make invoices of the property belonging to such without his fault.
partnership; and the surviving partner or partners, on
request, shall exhibit to him all such books, papers, and
Section 4. Accountable for income from realty used by court according to the services actually
him. If the executor or administrator uses or rendered by them respectively.
occupies any part of the real estate himself, he shall
account for it as may be agreed upon between him and When the executors or administrator is
the parties interested, or adjusted by the court with their an attorney, he shall not charge against
assent; and if the parties do not agree upon the sum to the estate any professional fees for
be allowed, the same may be ascertained by the court, legal services rendered by him.
whose determination in this respect shall be final.
When the deceased by will makes
Section 5. Accountable if he neglects or delays to raise some other provision for the
or pay money. When an executor or administrator compensation of his executor, that
neglects or unreasonably delays to raise money, by provision shall be a full satisfaction for
collecting the debts or selling the real or personal his services unless by a written
estate of the deceased, or neglects to pay over the instrument filed in the court he
money he has in his hands, and the value of the estate renounces all claim to the
is thereby lessened or unnecessary cost or interest compensation provided by the will.
accrues, or the persons interested suffer loss, the same
shall be deemed waste and the damage sustained may Section 8. When executor or administrator to render
be charged and allowed against him in his account, and account. Every executor or administrator shall
he shall be liable therefor on his bond. render an account of his administration within one (1)
year from the time of receiving letters testamentary or
Section 6. When allowed money paid as cost. The of administration, unless the court otherwise directs
amount paid by an executor or administrator for costs because of extensions of time for presenting claims
awarded against him shall be allowed in his against, or paying the debts of, the estate, or for
administration account, unless it appears that the disposing of the estate; and he shall render such
action or proceeding in which the costs are taxed was further accounts as the court may require until the
prosecuted or resisted without just cause, and not in estate is wholly settled.
good faith.
Section 9. Examinations on oath with respect to
Section 7. What expenses and fees allowed executor account The court may examine the executor or
or administrator. Not to charge for services as administrator upon oath with respect to every matter
attorney. Compensation provided by will controls relating to any account rendered by him, and shall so
unless renounced. An executor or administrator shall examine him as to the correctness of his account
be allowed the necessary expenses the care, before the same is allowed, except when no objection
management, and settlement of the estate, and for his is made to the allowance of the account and its
services, four pesos per day for the time actually and correctness is satisfactorily established by competent
necessarily employed, or a commission upon the value proof. The heirs, legatees, distributees, and creditors of
of so much of the estate as comes into his possession the estate shall have the same privilege as the
and is finally disposed of by him in the payment of executor or administrator of being examined on oath on
debts, expenses, legacies, or distributive shares, or by any matter relating to an administration account.
delivery to heirs or devisees, of two per centum of the
first five thousand pesos of such value, one per Section 10. Account to be settled on notice. Before
centum of so much of such value as exceeds five the account of an executor or administrator is allowed,
thousand pesos and does not exceed thirty thousand notice shall be given to persons interested of the time
pesos, one-half per centum of so much of such value and place of examining and allowing the same; and
as exceed one hundred thousand pesos. But in any such notice may be given personally to such persons
special case, where the estate is large, and the interested or by advertisement in a newspaper or
settlement has been attended with great difficulty, and newspapers, or both, as the court directs.
has required a high degree of capacity on the part of
the executor or administrator, a greater sum may be
Section 11. Surety on bond may be party to
allowed. If objection to the fees allowed be taken, the
accounting. Upon the settlement of the account of
allowance may be re-examined on appeal.
an executor or administrator, a person liable as surety
in respect to such account may, upon application, be
If there are two or more executors or admitted as party to such accounting.
administrators, the compensation shall
be apportioned among them by the