General provisions regulated by the national law of the person

whose succession is under consideration,

Types of actions (Sec. 3 Rule 1) whatever may be the nature of the property
and regardless of the country wherein said
Sec. 3 Rule 1 property may be found.
- Cases governed – These rules shall govern
the procedure to be observed in actions, civil Article 17
or criminal and special proceedings - The forms and solemnities of contracts, wills
o A civil action is one which a party sues and other public instruments shall be
another for the enforcement or governed by the laws of the country in which
protection of a right or the they are executed.
prevention or redress of a wrong. o Lex loxi celebrecionis
▪ A civil action may either be - When the acts referred to are executed
ordinary or special. Both are before the diplomatic or consular officials of
governed by the rules for the Republic of the Philippines in a foreign
ordinary civil actions, subject country, the solemnities established by
to the specific rules for a Philippine laws shall be observed in their
special civil action. execution.
o A criminal action is one by which the - Prohibitive laws concerning persons, their
state prosecutes a person for an act acts or property and those which have for
or omission punishable by law. their object public order, public policy and
o A special proceeding is a remedy by good customs shall not be rendered
which a party seeks to establish a ineffective by laws or judgements
status, a right or a particular fact. promulgated or by determinations or
conventions agreed upon in a foreign
Conflicts of laws (NCC Articles 14, 15, 16 and 17) country.

Article 14 Subject matter and applicability of general rules

- Penal laws and those of public security and (Rule 72)
safety shall be obligatory upon all who live or
sojourn in Philippine Territory, subject to the Rule 72
principle of public international law and to - Section 1. Subject matter of special
treaty stipulations. proceedings - Rules of special proceedings
are provided for in the following cases
Article 15 o Settlement of estate of deceased
- Law relating to family rights and duties, or to persons
the status, condition and legal capacity of o Escheat
persons are binding upon citizens of the o Guardianship and custody of children
Philippines, even though living abroad. o Trustees
o Adoption
Article 16 o Rescission and revocation of
- Real property as well as personal property is adoption
subject to the law of the country where it is o Habeas corpus
situated. o Change of name
- However, intestate and testamentary o Declaration of absence and death
successions, both with respect to the order (take note)
of succession and to the amount of o Cancellation of correction of entries
successional rights and to the intrinsic in the civil registry
validity of testamentary provisions, shall be

1 SpecPro | Atty. Yulo | Lacaba | 2023

 - Section 2. Applicability of rules of civil Judicial settlement of estate
actions – in the absence of special provisions, - The court appoints an administrator who will
the rules provided for in ordinary actions administer the estate. They will make sure to
shall be, as far as practicable, applicable in pay the obligations of the estate and submit
special proceedings. to the court, a proposal for how to divide the
estate.
Settlement of Estate of a Deceased Person
Jurisdiction and venue
Different modes of settling an estate
Venue in the settlement of estate of a decedent
Extrajudicial settlement of estate If the deceased is a If the deceased is a non-
- No court intervention resident of the resident
- The value of the estate is immaterial Philippines
- There must be no outstanding debts of the Whether he is a citizen The proper court of any
estate at the time of the settlement or an alien, his will shall province in which he
- Resorted at the instance and by agreement be proved or letters of had estate.
of all heirs administration granted
- Amount of bond is equal to the value of and his estate settled,
personal property in the proper court in
o If it is a real property, it is subject to a the province in which
lien for a period of 2 years he resides at the time of
- Publication of notice of the fact of his death
extrajudicial settlement once a week for 3
consecutive weeks in a newspaper of general - In order to determine the proper venue, in
circulation estate proceedings, one looks into the fact of
residency in the Philippines and not in the
Summary settlement of estate fact of citizenship
- Citizenship of the decedent is immaterial in
- Requires a summary adjudication filed with determining the venue where the estate of
the MTC the decedent is settled
- Gross value of the estate must not exceed - Residence refers to the actual or physical
10k resident as distinguished from legal
- Allowed in both testate and intestate residence or domicile.
succession - The question of residence is determinative
- Available even if there are debts. It is the only of the venue and does not affect the
court which will make provisions for its jurisdiction of the court. Hence, the
payment institution of the proceeding in the province
- May be instituted by any interested party wherein the decedent neither had residence
even a creditor of the estate without the nor estate does not vitiate the action of the
consent of all the heirs probate court.
- The amount of bond is to be determined by
the court irrespective of whether the estate When may venue be assailed
consists of real or personal property - General rule: the jurisdiction of the court, so
- Publication of notice once a week for 3 far as it depends on the residence of the
consecutive weeks. There is also a hearing to decedent or location of the estate shall not
be held not less than 1 month nor more than be contested in a suit or proceeding.
3 months from the date of the last - Exception: venue may be assailed only
publication. o Upon appeal from the court in the
original case or
2 SpecPro | Atty. Yulo | Lacaba | 2023
 o When want of jurisdiction appears on intestate court, relates only to matters
the record, that is upon plain reading having to do with the probate of the will
of the records of the case it will and/or settlement of the estate of deceased
immediately show that the venue persons, but does not extend to the
was improperly laid. determination of questions of ownership
that arise during the proceedings. The patent
Jurisdiction of courts in the settlement of estate of a rationale for this rule is that such court
decedent merely exercises special and limited
- Dependent on the gross value of the estate jurisdiction.
of the decedent - Exception: if the interested parties are all
- MeTC, MTCC, MTC and MCTC heirs, or the question is on of collation or
o Where the gross value of the estate advancement or the parties consent to the
does not exceed 2 million pesos assumption of jurisdiction by the probate
- RTC court and the right of 3rd parties are not
o Where the gross value of the estate impaired, the probate court is competent to
exceeds 2 million pesos decide the question of ownership.

Values indicated in the MTC’s jurisdiction are Exclusive, special and limited jurisdiction
exclusive of - General rule: It must be emphasized that the
- Interest trial court, sitting as a probate court, has
- Damages of whatever kind limited and special jurisdiction and cannot
- Attorney’s fees hear and dispose of collateral matters and
- Litigation expenses issues which may be properly threshed out
- Costs only in an ordinary civil action.
- Once a special proceeding for the settlement
Exclusionary rule/principle of preferential of the estate of a decedent is filed in one of
jurisdiction such courts, that court has exclusive
- The court first taking cognizance of the jurisdiction over said estate and no other
settlement of the estate of decedent, shall special proceeding involving the same
exercise jurisdiction to the exclusion of all subject matter may be filed before any other
other courts. court.
o While the rule speaks of jurisdiction, - It is primarily concerned with the
what it actually refers to is venue. administration, liquidation and distribution
- Preference is given in favor of the court of the estate.
where the estate proceedings as compared - Exception: Justified by expedience and
to intestate proceedings, are held. The convenience, the jurisdiction of the probate
probate of the will is mandatory. It is court extend to matter incidental or
anomalous that the estate of a person who collateral to the settlement and distribution
died testate should be settled in an intestate of the estate.
proceeding. Therefore, the intestate case
should be consolidated with the testate Question of heirship
proceeding and the judge assigned to the - If the interested parties are all heirs to the
testate proceeding should continue hearing estate or the question is one of collation or
two cases. advancement, or the parties consent to the
assumption of jurisdiction by the probate
court and the rights of third parties are not
Extent of jurisdiction of the probate court impaired, then the probate court is
- General rule: the jurisdiction of the trial competent to resolve issues on ownership.
court, either as a probate court or an

3 SpecPro | Atty. Yulo | Lacaba | 2023

 - Hence, the rule that a probate court’s - Acts as a trustee and guard the estate and
determination of ownership over properties see it that it is wisely and economically
which may form part of the estate is not final administered, not dissipated.
or ultimate in nature, is applicable only as
between the representatives of the estate Other matters that may be determined by the
and strangers thereto. probate court in the declaration of heirs
- Whether or not a person is acknowledged
Question of ownership natural child of decedent
- General rule: The probate court, whether in - Validity of disinheritance effected by the
a testate or intestate proceeding, can only testator
pass upon questions of title provisionally. - Status of a woman who claims to be the
The reason is that the probate court’s limited lawful wife of the decedent
jurisdiction and the principle that questions - The validity of a waiver of hereditary rights
of title or ownership, which result in - Its jurisdictional extends to matters
exclusion or inclusion from the inventory of incidental or collateral to the settlement
the property, can only be settled in a - Distribution of the estate, such as the
separate actions. determination of the status of each heir and
- Exception: If the interested parties are all whether the property in the inventory is
heirs, or the question is one of collation or conjugal or exclusive property of the
advancement, or the parties consent to the deceased spouse.
assumption of jurisdiction by the probate
court and the rights of third parties are not Production and allowance of will
impaired, the probate court is competent to - Article 783 of the NCC defines a will as an act
decide on question of ownership. whereby a person is permitted with the
formalities prescribed by law to control to a
Powers and duties of the probate court certain degree the disposition of his estate to
- Order the probate of the will of the decedent take effect after his death
- Determine heirs
- Distribute estate Allowance of will
- Grant letters of administration of the party - Necessary
best entitled thereto to any qualified - No will shall pass either real or personal
applicant estate unless it is proved and allowed in the
- Supervise and controls all acts of proper court. Subject to the right of appeal,
administration such allowance of the will shall be conclusive
- Hear and approve claims against the estate as to its due execution
of the deceased
- Order payment of lawful debts Nature of probate proceedings
- Authorize sale, mortgage or any - It is a proceeding in rem. It cannot be
encumbrance of real estate dispensed with and substituted by another
- Directs the delivery of the estate to those proceeding, judicial or extrajudicial, without
entitled thereto offending public policy
- Issue warrants and processes necessary to - It is mandatory
compel the attendance of witnesses or to - It is imprescriptible, because it is required by
carry into effect their orders and judgements public policy
and other powers granted them by law - Doctrine of estoppel does not apply. The
- Issue a warrant for the apprehension and state could not have intended to defeat the
imprisonment of a person who defies a same by applying thereto the stature of
probate order, until he performs such order limitation of actions
or judgement or is released

4 SpecPro | Atty. Yulo | Lacaba | 2023

Who may petition for probate
- Devisee
- Executor
- Legatee
- Testator
o During his lifetime
- Any other interested person
o Heir; creditor

Persons entitled to notice

- An interested person has been defined as
one who would be benefited by the estate,
such as an heir, or one who has claims
against the estate, such as a creditor. The
interest must be material and direct and not
merely indirect or contingent.

5 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 74 resort to an ordinary action of partition and
Summary settlement of estate it does not compel them to do so if they have
good reasons to take a different course of
Section 1. Extrajudicial settlement by agreement action
between heirs. — If the decedent left no will and no
debts and the heirs are all of age, or the minors are Requisites for extrajudicial settlement
represented by their judicial or legal representatives - Decedent died intestate
duly authorized for the purpose, the parties may - There are no outstanding debts at the time
without securing letters of administration, divide of settlement
the estate among themselves as they see fit by - Heirs are all of legal age or minors
means of a public instrument filed in the office of the represented by judicial guardians or legal
register of deeds, and should they disagree, they representatives
may do so in an ordinary action of partition. If there - The settlement is made in a public
is only one heir, he may adjudicate to himself the instrument or by means of an affidavit in
entire estate by means of an affidavit filed in the case of sole heir, duly filed with the register
office of the register of deeds. The parties to an of deeds
extrajudicial settlement, whether by public - Publication of the extrajudicial settlement in
instrument or by stipulation in a pending action for newspaper of general circulation in the
partition, or the sole heir who adjudicates the entire province once a week for 3 consecutive
estate to himself by means of an affidavit shall file, weeks
simultaneously with and as a condition precedent to - Filing of a bond equivalent to value of
the filing of the public instrument, or stipulation in personal property posted with the register of
the action for partition, or of the affidavit in the deeds
office of the register of deeds, a bond with the said
register of deeds, in an amount equivalent to the Affidavit of self-adjudication by sole heir
value of the personal property involved as certified - If the decedent left more than one heir
to under oath by the parties concerned and o Settlement must be made in a public
conditioned upon the payment of any just claim that instrument
may be filed under section 4 of this rule. It shall be - If the decedent left only one heir
presumed that the decedent left no debts if no o It suffices that the heir executes an
creditor files a petition for letters of administration affidavit of self-adjudication
within two (2) years after the death of the decedent. o Affidavit of self-adjudication is
allowed only where the decedent left
The fact of the extrajudicial settlement or a sole heir.
administration shall be published in a newspaper of
general circulation in the manner provided in the Extrajudicial settlement – on whom binding
nest succeeding section; but no extrajudicial - Ex parte proceeding
settlement shall be binding upon any person who - Persons who did not participate nor had
has not participated therein or had no notice notice of an extrajudicial settlement will not
thereof. be bound thereby
- Publication that binds the world
Extrajudicial settlement by agreement o Contemplates a notice that has been
- To afford decedent’s heirs a cost-efficient sent out or issued before any deed of
manner of settling the estate settlement partition to participate in
o ROC provides them the option of the said deed of extrajudicial
doing so without court intervention settlement and not after such
- Not mandatory or compulsory agreement has already been
- Section 1 allows the heirs to divide the estate executed.
among themselves as they may see fit or to

6 SpecPro | Atty. Yulo | Lacaba | 2023

Filing of bond Summary settlement of estates of small value
- Last requisite for extrajudicial settlement is - Summary settlement of estate may be chosen
for the parties to simultaneously file a bond by the heirs regardless if the decedent died
with and as a condition precedent to the testate or intestate
filing of the public instrument, stipulation in - Requisites
the action for partition or of the affidavit of o Complaint must allege that the gross
self-adjudication in the office of the register value of the estate of the deceased
of deeds. does not exceed 10K
- Amount of bond shall be equivalent to the o A bond has been duly filed in an
value of personal property involved which amount fixed by the court
shall be certified to under oath by the parties o A proper hearing is held not less than
concerned. 1 month nor more than 3 months
from date of last publication of the
Section 2. Summary settlement of estate of small notice
value. — Whenever the gross value of the estate of
a deceased person, whether he died testate or Distinction between extra judicial settlement and
intestate, does not exceed ten thousand pesos, and summary settlement of estate of small value
that fact is made to appear to the Court of First
Instance having jurisdiction of the estate by the Extrajudicial settlement Summary settlement
petition of an interested person and upon hearing, No court intervention Juridical adjudication
which shall be held not less than one (1) month nor required although summary
more than three (3) months from the date of the last Value of the estate is Gross value of estate
publication of a notice which shall be published once immaterial must not exceed 10K
a week for three (3) consecutive weeks in a Allowed only in Allowed in both testate
newspaper of general circulation in the province, intestate succession and intestate
and after such other notice to interest persons as succession
the court may direct, the court may proceed There must be no Available even if there
summarily, without the appointment of an executor outstanding debts at are debts; it is the court
or administrator, and without delay, to grant, if the time of the which will make
proper, allowance of the will, if any there be, to settlement of estate provision for its
determine who are the persons legally entitled to payment
participate in the estate, and to apportion and Resorted to at the May be instituted by
divide it among them after the payment of such instance of and by any interested party,
debts of the estate as the court shall then find to be agreements of all heirs even a creditor of the
due; and such persons, in their own right, if they are estate without the
of lawful age and legal capacity, or by their consent of all heirs
guardians or trustees legally appointed and Amount of bond is Amount of bond is to be
qualified, if otherwise, shall thereupon be entitled equivalent to the value determined by the
to receive and enter into the possession of the of the personal court
portions of the estate so awarded to them property
respectively. The court shall make such order as may
be just respecting the costs of the proceedings, and Section 3. Bond to be filed by distributees. - The
all orders and judgments made or rendered in the court, before allowing a partition in accordance with
course thereof shall be recorded in the office of the the provisions of the preceding section, my require
clerk, and the order of partition or award, if it the distributees, if property other than real is to be
involves real estate, shall be recorded in the proper distributed, to fille a bond in an amount to be fixed
register's office. by court, conditioned for the payment of any just

7 SpecPro | Atty. Yulo | Lacaba | 2023

claim which may be filed under the next succeeding decedent has a period of 2 years after the
section. settlement and distribution to assail its
validity
Section 4. Liability of distributees and estate. — If it - Prescriptive period
shall appear at any time within two (2) years after o Only applies to person who
the settlement and distribution of an estate in participated or had notice of the
accordance with the provisions of either of the first settlement of the estate provided
two sections of this rule, that an heir or other person under rule 74
has been unduly deprived of his lawful participation Remedy of an heir who is deprived of one’s share in
in the estate, such heir or such other person may the estate because one did not participate or had
compel the settlement of the estate in the courts in notice of the settlement
the manner hereinafter provided for the purpose of - Heir may file an action for reconveyance
satisfying such lawful participation. And if within the within 10 years which is based on an implied
same time of two (2) years, it shall appear that there or constructive trust.
are debts outstanding against the estate which have o Prescriptive period shall commence
not been paid, or that an heir or other person has upon the issuance of a new title over
been unduly deprived of his lawful participation the property in question or from the
payable in money, the court having jurisdiction of time of actual notice in case of
the estate may, by order for that purpose, after unregistered deed.
hearing, settle the amount of such debts or lawful
participation and order how much and in what Section 5. Period for claim of minor or incapacitated
manner each distributee shall contribute in the person. — If on the date of the expiration of the
payment thereof, and may issue execution, if period of two (2) years prescribed in the preceding
circumstances require, against the bond provided in section the person authorized to file a claim is a
the preceding section or against the real estate minor or mentally incapacitated, or is in prison or
belonging to the deceased, or both. Such bond and outside the Philippines, he may present his claim
such real estate shall remain charged with a liability within one (1) year after such disability is removed.
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.

Remedies of aggrieved parties after the extrajudicial

or summary settlement of estate
- Three instances when an heir may be
compelled to settle the decedents estate in
court
o There has been undue deprivation of
lawful participation on the estate on
the part of an heir or other interested
person
o There exist debts against the estate
o There has been undue deprivation of
lawful participation payable in
money on the part of an heir or other
interested person.
- An heir or interested person who was able to
participate either in the extrajudicial or
summary settlement of estate of the

8 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 75 o A judicial act whereby an instrument
Production of will; Allowance of will necessary is adjudged valid and is ordered to be
recorded
Section 1. Allowance necessary. Conclusive as to o A statutory method of establishing
execution. — No will shall pass either real or proper execution of an instrument
personal estate unless it is proved and allowed in and giving notice of its contents.
the proper court. Subject to the right of appeal, such - Allowance is only conclusive as to is due
allowance of the will shall be conclusive as to its due execution because the authority of the
execution. probate court is limited to ascertaining
whether the testator, being of sound mind,
Will freely executed the will in accordance with
- Conveyance whereby a person is permitted the formalities prescribed by law.
with the formalities prescribed by law to - Due execution
control to a certain degree the disposition of o Formalities of law have been
his estate after his death complied with
- A personal, solemn, revocable and free act o Capacity of the testator has been
by which a person disposes his property, to established
take effect after his death. o Will is genuine
- Kinds - Consequence
o Notarial will o Cannot be impugned on any of the
▪ Must be acknowledge before grounds authorized by law, except
a notary public by a testator that of fraud, in any separate or
and the attesting witness and independent action or proceeding
is governed by article 804 to - General rule
809 of the new civil code o Probate proceedings are limited to
o Holographic will the examination of and resolution on
▪ One that is entirely written, the extrinsic validity of the will
dated and signed by the - Exception
testator himself o The court passed on the intrinsic
- Interpretation validity of the will subject thereof
o When an uncertainty arises on the because practical considerations so
face of the will demanded.
▪ The testator’s intention is to
be ascertained from the Nature of probate proceedings
words of the will, taking into - Probate of a will is a proceeding in rem
consideration the because it binds the whole world by virtue of
circumstances under which it the publication of the petition
was made.
o Cannot be subject to a compromise Effect of probate
agreement which would thereby - For a will to take effect it has to be probated,
defeat the very purpose of making a approved or allowed in the proper
will. testamentary proceedings.
- Once allowed the principle of res judicata
Allowance of will is conclusive as to its due execution applies
- Probate of a will is required before its o Testator was of sound mind and
provisions may be carried out disposing mind at the time when he
- Probate executed the will and was not acting
under duress, menace, fraud or
under influence

9 SpecPro | Atty. Yulo | Lacaba | 2023

 o That the will was signed by him in the o Does not make the holder a
presence of the required number of custodian
witnesses and that the will is genuine o Custodian must be chosen by a
and not a forgery testator in advance and entrusted
with the custody of a will by mutual
During probate agreement with the testator
- Court does not look into intrinsic validity - Custodianship
- Exception o Creates a bailor-bailee relationship
o Courts are not powerless to pass between the testator and custodian,
upon certain provisions of the will the custodian being the bailee.
which it may declare invalid even as it - Custodian as bailee
upholds the extrinsic validity of the o Obligated to keep and preserve the
will will safely for the benefit of the
o When a will is void on face value, the testator until the latter’s death
probate court may disregard the o As a consequence, the custodian
passing on the extrinsic validity of the must keep the contents of the will
will for practical considerations inviolate and must not reveal its
contents to anyone.
Section 2. Custodian of will to deliver. — The person o At any time testator may order the
who has custody of a will shall, within twenty (20) custodian to return the will on
days after he knows of the death of the testator, demand.
deliver the will to the court having jurisdiction, or to - Upon testators death
the executor named in the will. o Custodian must deliver the will either
to the clerk of court in the place
Section 3. Executor to present will and accept or where the decedent last resided or to
refuse trust. — A person named as executor in a will the executor named in the will.
shall, within twenty (20) days after he knows of the o Same obligation is imposed on the
death of the testate, or within twenty (20) days after executor who is also the custodian of
he knows that he is named executor if he obtained the will.
such knowledge after the death of the testator,
present such will to the court having jurisdiction, Duties of an executor
unless the will has reached the court in any other - 20 days from either knowledge of testator’s
manner, and shall, within such period, signify to the death or knowledge that one has been
court in writing his acceptance of the trust or his named as executor to present the will to the
refusal to accept it. court having jurisdiction, unless the will
reached the court in some other manner
Duties of a custodian - Given the same period to signify to the court
- Custodian in writing the acceptance or refusal of the
o A person who receives a will with trust
knowledge or under such - Moral obligation in the nature of trust is
circumstances that he ought to have imposed on the executor once one received
known that he was receiving custody the will
of a will
- Acceptance by custodian Section 4. Custodian and executor subject to fine for
o Does not undertake to exercise neglect. — A person who neglects any of the duties
diligence in inquiring into the required in the two last preceding sections without
testator’s death excused satisfactory to the court shall be fined not
- Mere possession of a will exceeding two thousand pesos.

10 SpecPro | Atty. Yulo | Lacaba | 2023

Section 5. Person retaining will may be committed. -
A person having custody of a will after the death of
the testator who neglects without reasonable cause
to deliver the same, when ordered so to do, to the
court having jurisdiction, may be committed to
prison and there kept until he delivers the will.

11 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 76 provided that the testator himself
Allowance or disallowance of will petitions the court for its allowance.
▪ The petition for probate filed
Section 1. Who may petition for the allowance of will during the testator’s lifetime
– Any executor, devisee, or legatee named in a will, may only be initiated by the
or any other person interested in the estate, may, at testator himself.
any time after the death of the testator, petition the
court having jurisdiction to have the will allowed, Section 2. Contents of petition – A petition for the
whether the same be in his possession or not, or is allowance of a will must show, so far as known to the
lost or destroyed. petitioner:
(a) Jurisdictional facts
The testator himself may, during his lifetime, (b) Names, ages and residences of the heirs,
petition the court for the allowance of his will. legatees and devisees of the testator or
decedent
When will may be probated (c) Probable value and character of the property
- Probate proceedings are instituted only after of the estate
the death of the testator, so much so that, (d) Name of the person whom the letters are
after approving and allowing the will, the prayed
court proceeds to issue letter testamentary (e) If the will has not been delivered to the
and settle the estate of the testator court, the name of the person having
- However, the civil code provides that custody of it.
testator himself may file the probate of
his/her own will. But no defect in the petition shall render void the
allowance of the will or the issuance of letters
Who may file petition for probate testamentary or of administration with the will
- Executor annexed.
- Devisee
- Legatee Contents of petition
- Any other person interested in the estate - Jurisdictional fact in the petition refers to
- Testator himself o Testator’s death
- Devisee and legatee named in a will o Testator’s residence at the time of
o Need not be a relative of the death
decedent to enable such person to o The place where the testator left
file the petition. estate, if he is a non-resident
- Interested party o That the will has been delivered to
o Allowed to file a petition for probate the court and is in the possession
is one who could be benefited by the thereof, unless not yet delivered
estate, such as an heir or one who o The value of the estate to determine
has a claim against the estate such as the court with jurisdiction
a creditor. - Jurisdictional facts
- General rule o Fact of death of the decedent, his
o Probate is filed after the testator’s residence at the time of his death in
death, the action does not prescribe the province where the probate court
and cannot be barred by laches since is sitting, or if he is an inhabitant of a
that would be against public policy foreign country, the estate he left in
- Exception such province.
o Will may be admitted for probate
even before the testator’s death, Section 3. Court to appoint time of proving will.
Notice thereof to be published – When a will is

12 SpecPro | Atty. Yulo | Lacaba | 2023

delivered to, or a petition for the allowance of a will executor, if he be not the petitioner; also, to any
is filed in, the court having jurisdiction, such court person named as coexecutor not petitioning, if their
shall fix a time and place for proving the will when places of residence be known. Personal service of
all concerned may appear to contest the allowance copies of the notice at least (10) days before the day
thereof and shall cause notice of such time and place of hearing shall be equivalent to mailing.
to be published 3 weeks successively, previous to the
time appointed in a newspaper of general circulation If the testator asks for the allowance of his own will,
in the province. notice shall be sent only to his compulsory heirs.

But no newspaper publication shall be made where Section 5. Proof at hearing. What sufficient in
the petition for probate has been filed by the absence of contest. - At the hearing compliance with
testator himself. the provisions of the last two preceding sections
must be shown before the introduction of testimony
How jurisdiction acquired in support of the will. All such testimony shall be
- Probate court acquires jurisdiction over the taken under oath and reduced to writing. It no
settlement proceeding in 2 ways person appears to contest the allowance of the will,
o Attachment of a copy of the will to the court may grant allowance thereof on the
the petition testimony of one of the subscribing witnesses only,
o Delivery of the will to the court if such witness testify that the will was executed as
is required by law.
Mere delivery of will sufficient
- Where the petition for probate is made after In the case of a holographic will, it shall be necessary
the deposit of the will, the petition is that at least one witness who knows the
deemed to relate back to the time when the handwriting and signature of the testator explicitly
will was delivered declare that the will and the signature are in the
handwriting of the testator. In the absence of any
Notice of hearing such competent witness, and if the court deem it
- Court has to comply with 2 obligations after necessary, expert testimony may be resorted to.
the will is delivered to the court or a petition
for its allowance is filed Petitioner should present, to the satisfaction of the
o Fix the time and place for proving the probate court
will when all concerned may appear - Evidence that the order of the court fixing
to contest its allowance the time and place for proving the will has
o Cause the notice of the time and been published for 3 successive weeks prior
place to be published for 3 successive to the time appointed
weeks in a newspaper of general - Evidence that a notice of such hearing has
circulation in the province. been served upon the known heirs, legatees,
devisees of the resident testator of at least
Section 4. Heirs, devisees, legatees, and executors to 20/10 days prior
be notified by mail or personally. - The court shall - If the petitioner is not the executor, evidence
also cause copies of the notice of the time and place that notice has been served upon the
fixed for proving the will to be addressed to the executor, if his/her place of residence is
designated or other known heirs, legatees, and known
devisees of the testator resident in the Philippines - Testimonies of the subscribing witnesses in
at their places of residence, and deposited in the support of the will.
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

13 SpecPro | Atty. Yulo | Lacaba | 2023

Proof of notice and publication probated because the best and only
- Before the court proceeds with hearing the evidence is the handwriting of the
petition for probate, it must he shown that testator in said will.
notices were given to the proper parties and o Photocopy of holographic will may be
that the petition complied with the presented in lieu of the original that
publication requirement. was lost, its loss or destruction may
- Compliance with the required publication only be proved upon the concurrence
may be proved by presenting to the court of the following
the affidavit of the publisher and copies of ▪ Its execution and validity are
the actual newspaper on which the notice established
was published. ▪ It must have been in
existence at the time of the
Required testimony testator’s death, or is shown
- If no one contests the petition for probate, to have been fraudulently or
as a general rule, the testimony of one accidentally destroyed during
witnesses is sufficient for the court to admit the lifetime of the testator
the will to probate. without his knowledge
- When notarial will is under probate ▪ Its provision must be clearly
o Testimony of one of the witnesses to and distinctly proved by at
the will that the substantive least 2 credible witnesses.
requirements were complied with is
sufficient Section 7. Proof when witnesses do not reside in
province. - If it appears at the time fixed for the
Section 6. Proof of lost or destroyed will. Certificate hearing that none of the subscribing witnesses
thereupon – No will shall be proved as a lost or resides in the province, but that the deposition of
destroyed will unless the execution and validity of one or more of them can be taken elsewhere, the
the same be established, and the will is proved to court may, on motion, direct it to be taken, and may
have been in existence at the time of the death of authorize a photographic copy of the will to be made
the testator, or is shown to have been fraudulently and to be presented to the witness on his
or accidentally destroyed in the lifetime of the examination, who may be asked the same questions
testator without his knowledge, nor unless its with respect to it, and to the handwriting of the
provisions are clearly and distinctly proved by at testator and others, as would be pertinent and
least two (2) credible witnesses. When a lost will is competent if the original will were present.
proved, the provisions thereof must be distinctly
stated and certified by the judge, under the seal of Section 8. Proof when witnesses dead or insane or
the court, and the certificate must be filed and do not reside in the Philippines. - If the appears at
recorded as other wills are filed and recorded. the time fixed for the hearing that the subscribing
witnesses are dead or insane, or that
Proof of lost or destroyed will
- A lost or destroyed notarial will may be none of them resides in the Philippines, the court
proved by a photocopy of the same coupled may admit the testimony of other witnesses to
with the testimonies of the subscribing prove the sanity of the testator, and the due
witnesses. execution of the will; and as evidence of the
- The original holographic will must be execution of the will, it may admit proof of the
presented to the court during settlement handwriting of the testator and of the subscribing
proceedings. witnesses, or of any of them.
o If the holographic will has been lost
or destroyed and no other copy is
available, the will cannot be

14 SpecPro | Atty. Yulo | Lacaba | 2023

Testimony of witnesses other than subscribing witnesses, and if the court deem it necessary, expert
witnesses testimony may be resorted to.
- With respect to notarial wills, the court must
examine the testimony of the subscribing When notarial will is contested
witnesses - All subscribing witnesses as well as the
- The court may however examine witnesses notary public who notarized the will, must
other than the subscribing witnesses in the testify in the probate proceedings.
following
o The subscribing witness is insane With respect to a holographic will
o The subscribing witness is dead - At least 3 witnesses must testify as to the
o None of the subscribing witnesses testator’s handwriting and signature
reside in the Philippines. - If the court deems it necessary and in the
absence of any competent witness, the
Section 10. Contestant to file grounds of contest – probate court may examine an expert
Anyone appearing to contest the will must state in witness.
writing his grounds for opposing its allowance and
serve a copy thereof on the petitioner and other Section 12. Proof where testator petitions for
parties interested in the estate. allowance of holographic will. — Where the testator
himself petitions for the probate of his holographic
Contesting a will will and no contest is filed, the fact that the affirms
- A person may contest the allowance of a will that the holographic will and the signature are in his
in which case, the grounds must be stated in own handwriting, shall be sufficient evidence of the
a written opposition. genuineness and due execution thereof. If the
holographic will is contested, the burden of
Section 11. Subscribing witnesses produced or disproving the genuineness and due execution
accounted for where will contested. — If the will is thereof shall be on the contestant. The testator to
contested, all the subscribing witnesses, and the rebut the evidence for the contestant.
notary in the case of wills executed under the Civil
Code of the Philippines, if present in the Philippines Uncontested Contested
and not insane, must be produced and examined, Notarial will The court may All the
and the death, absence, or insanity of any of them grant subscribing
must be satisfactorily shown to the court. If all or allowance witnesses and
some of such witnesses are present in the thereof on the the notary
Philippines but outside the province where the will testimony of public must
has been filed, their deposition must be taken. If any one of the testify as to
or all of them testify against the due execution of the subscribing due execution
will, or do not remember having attested to it, or are witnesses and
otherwise of doubtful credibility, the will may only, if such attestation of
nevertheless, be allowed if the court is satisfied from witness the will
the testimony of other witnesses and from all the testifies that
evidence presented that the will was executed and the will was
attested in the manner required by law. executed by
law.
If a holographic will is contested, the same shall be Holographic At least one The will shall
allowed if at least three (3) witnesses who know the will witness who be allowed if at
handwriting of the testator explicitly declare that knows the least 3
the will and the signature are in the handwriting of hand writing witnesses who
the testator; in the absence of any competent and signature know the
of the testator handwriting of
15 SpecPro | Atty. Yulo | Lacaba | 2023
 explicitly the testator Disallowance of a will
declares that
explicitly - Grounds
the will anddeclare that o Noncompliance with the legal
signature are
the will and formalities required by law
in the
signature are o Lack of testamentary capacity
handwriting of
in the o The will was not duly executed
the testatorhandwriting of - Legal formalities
the testator o Not executed and attested as
In the absence of such, if the required by law
court deems necessary, expert - Testamentary capacity
testimony may be resorted to. o Testator insane or otherwise
Holographic The fact that The burden of mentally incapable to make will at
will petitioned he affirms that disproving the time of execution
by the testator the genuineness - Due execution
himself holographic and due o Executed under duress, or the
will and the execution influence of fear or threats
signature are thereof shall o Procured by undue and improper
in his own be on the pressure and influence on the part of
handwriting contestant. the beneficiary or some other
shall be The testator person, for his benefit
sufficient may, in his o Signature of testator procured by
evidence of turn present fraud or trick and he did not intend
the such that the instrument be his will at time
genuineness additional of fixing his signature.
and due proof as may
execution be necessary Formal requisites
thereof to rebut the - Articles 804 to 819 of the civil code
evidence for
the Formal requisites for a notarial will
contestant. - Must be in writing and executed in the
language known to the testator
Section 9. Grounds for disallowing will – The will - Must be subscribed at the end as a rule, by
shall be disallowed in any of the following cases the testator himself
(a) If not executed and attested as required by - At least three witnesses must attest and
law subscribe to the will in the presence of the
(b) If the testator was insane or otherwise testator and of one another;
mentally incapable to make a will, at the - The testator and the witnesses must sign
time of its execution each and every page, except the last, on the
(c) It if was executed under duress, or the left margin;
influence of fear or threats - All the pages of the will must be numbered;
(d) If it was procured by undue and improper - The attestation must state:
pressure and influence on the part of the o The number of pages of the will;
beneficiary or of some other person for his o The fact that the testator signed the
benefit will and every page in the presence of
(e) If the signature of the testator was procured the witnesses; an
by fraud or trick and he did not intend that o The witnesses signed the will and all
the instrument should be his will at the time its pages in the testator's presence
of fixing his signature thereto. and of one another.

16 SpecPro | Atty. Yulo | Lacaba | 2023

 - The testator and the witnesses must Section 13. Certificate of allowance attached to
acknowledge the will before a notary public. prove will. To be recorded in the Office of Register of
Deeds. — If the court is satisfied, upon proof taken
Formal requisites of holographic wills and filed, that the will was duly executed, and that
- It must be in writing and executed in the the testator at the time of its execution was of sound
language known to the testator and disposing mind, and not acting under duress,
- The testator himself must entirely write, menace, and undue influence, or fraud, a certificate
date and sign the will of its allowance, signed by the judge, and attested by
the seal of the court shall be attached to the will and
Testamentary capacity the will and certificate filed and recorded by the
- Determined at the time the will was clerk. Attested copies of the will devising real estate
executed and of certificate of allowance thereof, shall be
- Even if the testator becomes insane after recorded in the register of deeds of the province in
execution of the will, the insanity shall not which the lands lie.
nullify the will
- A will cannot be validated if the person who Once the will is admitted to probate, the following
executes a will without testamentary must be done
capacity later against it - Judge shall issue a certificate of allowance of
- Capacity to comprehend the nature of the the will, which must be signed by the judge
transaction in which the testator is engaged and attested by the seal of the court
at the time, to recollect the property to be - Clerk must record and file the certificate of
disposed of the persons who would naturally allowance
be supposed to have claims upon the - Will must be recorded in the register of
testator, and to comprehend the manner in deeds of the province where the land is
which the instruments will distribute his located.
property among the objects of his bounty.
- Article 799
o Testamentary capacity as the
testators ability to know
▪ Nature of the estate to be
disposed of
▪ Object of his bounty
▪ Character of the
testamentary act

Substantive elements
- Article 796 to 803 of the civil code

Due execution
- While testamentary capacity looks into the
testator’s capacity to dispose, due execution
refers to the testator’s voluntariness to
dispose of his estate. If a person is unduly
influenced or pressured to execute a will,
there is really no intent to bestow that
property.

17 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 77 recorded by the clerk and the will shall have the
Allowance of will proved outside of Philippines same effect as if originally proved and allowed in
and Administration of estate thereunder such court.

Section 1. Will proved outside the Philippines may Requisites before a will proved abroad may be
be allowed here. – Wills proved and allowed in a allowed in the Philippines
foreign country, according to the laws of such - Testator was domiciled in a foreign country
country, may be allowed, filed and recorded by the - Will has been admitted to probate in such
proper court of first instance in the Philippines. country
- Foreign court is under the laws of said
Probate or reauthentication of a will already foreign country, a probate court with
probated and allowed in a foreign country jurisdiction over the proceedings
- Different from probate of a will, albeit - Proof of compliance with the law on probate
executed abroad, presented for the first procedure in said foreign country
time before a competent court here. - Legal requirements in said foreign country
for the valid execution of the will have been
Section 2. Notice of hearing for allowance – When a complied with
copy of such will and of the order or decree of the - Filing a petition in the Philippines with copy
allowance thereof, both duly authenticated are filed of the will and of its decree of allowance
with a petition for allowance in the Philippines, by - Notice and hearing
the executor or other person interested, in the court
having jurisdiction, such court shall fix a time and Section 4. Estate, how administered. — When a will
place for the hearing, and cause notice thereof to be is thus allowed, the court shall grant letters
given as in case of an original will presented for testamentary, or letters of administration with the
allowance. will annexed, and such letters testamentary or of
administration, shall extend to all the estate of the
Petitioner must present evidence of the following testator in the Philippines. Such estate, after the
before the reprobate of the will payment of just debts and expenses of
- Due execution of the will in accordance with administration, shall be disposed of according to
the foreign laws such will, so far as such will may operate upon it; and
- Testator has his domicile in the foreign the residue, if any shall be disposed of as is provided
country and not in the Philippines by law in cases of estates in the Philippines
- The will has been admitted to probate in belonging to persons who are inhabitants of another
such country state or country.
- The fact that the foreign tribunal is a probate
court Admission of a foreign will to probate shall have the
- The laws of a foreign country on procedure following effects
and allowance of wills. - Court shall grant letters testamentary or
letters of administration with the will
A person who seeks to reprobate a will executed in annexed
a foreign country must prove the laws and - Said letters shall extend only to the testator’s
procedure of that foreign country on wills. estate located in the Philippines
- Estate shall be disposed of the following the
Section 3. When will allowed and effect thereof – If will after just debts and expenses of
it appears at the hearing that the will should be administration are paid
allowed in the Philippines, they shall so allow it and - Any residue shall be disposed of as provided
a certificate of its allowance, signed by the judge and for estates in the Philippines belonging to
attested by the seal of the court, to which shall be person who do not reside in the country.
attached a copy of the will, shall be filed and

18 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 78 appointme
Letters testamentary and of administration, when nt or failed
and to whom issued to give a
bond
Section 1. Who are incompetent to serve as - Will was
executors or administrators – No person in disallowed
competent to serve as executor or administrator - Deceased
who. died
(a) Is a minor intestate
(b) Is not a resident of the Philippines Obligation to Executor is No such
(c) Is in the opinion of the court unfit to execute present the required to requirement
the duties of the trust by reason of will to court present the
drunkenness, improvidence or want of will to the
understanding or integrity or by reason of court within
conviction of an offense involving moral 20 days after
turpitude. knowledge
of the
Executors and administrators testator’s
- Executor death or
o Person nominated by a testator in his after he
will to carry out his direction and knows that
request thereof and to dispose of the he was
property according to his appointed as
testamentary provisions after his executor
death. Bond Testator Always required to
- Administrator may direct execute a bond
o Is a person appointed by the court of that the
probate to administer and settle executor
intestate estates and such estates serve
were no executor is named or the without
executors named are incompetent, bond or with
refuses the trust or fails to give a only his
bond. individual
bond
Difference between executor and administrator conditioned
to pay the
Executor Administrator testator’s
How Nominated Appointed by the debts: But
appointed by the court in the the court
testator and following instances may require
appointed - Will did not the executor
by the court appoint to execute a
one bond in case
- Executor of a change
appointed in
is circumstanc
incompete es or for
nt, refused other
the
19 SpecPro | Atty. Yulo | Lacaba | 2023
 sufficient o Drunkenness
case ▪ Impairs a person’s sound
Amount of If the Amount of judgement and reason that
compensatio testator compensation is would necessarily affects the
n makes a fixed by rule 85, person’s integrity and honest
provision in section 7. o Improvidence
the will for ▪ Lacks good judgement and
the foresight necessary for the
compensatio fulfillment of the executor
n of his and administrator’s
executor, responsibilities to manage
that and preserve the estate.
provision o Want of understanding or integrity
shall be a full ▪ Refers to a person’s inability
satisfaction to know the nature and
for his functions as executor or
services administrator
unless he ▪ Lack of integrity connotes
renounces lack of credibility which
by a written affects his honesty in the
instrument management of the estate.
all the claims o Conviction of an offense involving
to the moral turpitude.
compensatio
n as Section 2. Executor of executor not to administer
provided in estate – The executor of an executor shall not, as
the will such, administer the estate of the first testator.

Who are incompetent to become an executor or When the executor dies

administrator - His executor cannot administer the estate of
- Minor the first testator
- Not a resident of the Philippines - The court may appoint an administrator de
- Court finds unfit bonisnon as the new administrator after the
death of an executor who was not able to
Requirement for an executor or administrator settle the estate of the first decedent during
- 18 years of age his lifetime.
- Resident of the Philippines
- Court deems such person fit. Section 3. Married women may serve. - A married
woman may serve as executrix or administratrix,
Minors and the marriage of a single woman shall not affect
- Disqualified due to lack of legal capacity to her authority so to serve under a previous
enter into contracts on their own appointment.

Fitness or unsuitability of a person’s appointment as Section 4. Letters testamentary issued when will
executor or administrator is within the sound allowed. - When a will has been proved and allowed,
judgement of the court and will not be interfered the court shall issue letters testamentary thereon to
with the person named as executor therein, if he is
- The court may consider a person unfit for the competent, accepts the trust, and gives bond as
following required by these rules.

20 SpecPro | Atty. Yulo | Lacaba | 2023

Authority issued by the court Section 6. When and to whom letters of
- If the court admits the will to probate, it may administration granted. - If no executor is named in
issue either of 3 possible authorities the will, or the executor or executors are
o Letters testamentary incompetent, refuse the trust, or fail to give bond,
o Letters of administration with the will or a person dies intestate, administration shall be
annexed granted:
o Letters of administration (a) To the surviving husband or wife, as the case
may be, or next of kin, or both, in the
Letters testamentary discretion of the court, or to such person as
- Authority is sued to the executor named in such surviving husband or wife, or next of
the will to manage and administer the estate kin, requests to have appointed, if
- Issued when the executor competent and willing to serve;
o Is competent (b) If such surviving husband or wife, as the case
o Accepts the trust may be, or next of kin, or the person selected
o Gives the required bond by them, be incompetent or unwilling, or if
the husband or widow, or next of kin,
Letters of administration with the will annexed neglects for thirty (30) days after the death
- Authority issued by the court to a competent of the person to apply for administration or
person to administer the estate of the to request that administration be granted to
deceased if the executor named in the will some other person, it may be granted to one
refuses to accept the office or is incompetent or more of the principal creditors, if may be
- Issued when there is a will but the executor granted to one or more of the principal
is creditors, if competent and willing to serve;
o Incompetent (c) If there is no such creditor competent and
o Refuses the trust willing to serve, it may be granted to such
o Fails to give the bond required by the other person as the court may select.
rules
Order of preference in appointment as
Letters of administration administrator
- Authority is issued by the court to a - Surviving spouse
competent person administer the estate of - Next of kin
the deceased who died intestate or with a - Persons requested by the surviving spouse
void will or next of kin
- Issued when - Principal creditors
o The decedent dies intestate (without - Other persons selected by the court
a will)
o The will is void or is not admitted to Interest in the estate
probate. - In determining who should be appointed as
administrator, principal consideration of the
Section 5. Where some coexecutors disqualified court is the interest in said estate of the one
others may act. - When all of the executors named to be appointed as such administrator
in a will cannot act because of incompetency, refusal
to accept the trust, or failure to give bond, on the Interested party
part of one or more of them, letters testamentary - In estate proceedings, one who would be
may issue to such of them as are competent, accept benefited in the estate, such as an heir, or
and give bond, and they may perform the duties and one who has a claim against the estate, such
discharge the trust required by the will as a creditor.

21 SpecPro | Atty. Yulo | Lacaba | 2023

Next in kin
- Refers to those whose relationship with the
decedent is such that they are entitled to
share in the estate as distributes.
- Refers to those who are entitled under the
statute of distribution, to the decedent’s
property; one whose relationship is such
that he is entitled to share in the estate as
distributed or in short, and heir.

Appointment of more than 1 administrator for the

benefit of the estate and those interested therein
- Have the benefits of their judgement and
perhaps at all times to have different
interests represented
- Where justice and equity demand that
opposing parties or factions be represented
in the management of the estate of the
deceased
- Where the estate is large or from any cause
an intricate and perplexing one to settle.
- To have all interested persons satisfied and
the representatives to work in harmony for
the best interest of the estate
- When a person entitled to the
administration of an estate desires to have
another competent person associated with
him in the office.

22 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 79 - If the decedent was a NR, the fact of being a
Opposing issuance of letters testamentary. resident of a foreign country and that the
Petition and contest for letters of administrator decedent has left an estate in the province
where the court is sitting.
Section 1. Opposition to issuance of letters
testamentary. Simultaneous petition for Section 3. Court to set time for hearing. Notice
administration – Any person interested in a will may thereof. –
state in writing the grounds why letters When a petition for letters of administration is filed
testamentary should not issue to the persons in the court having jurisdiction, such court shall fix a
named therein as executors or any of them and the time and place for hearing the petition, and shall
court, after hearing upon notice, shall pass upon the cause notice thereof to be given to the known heirs
sufficiency of such grounds. A petition may, at the and creditors of the decedent, and to any other
time, be filed for letters of administration with the persons believed to have an interest in the estate, in
will annexed. the manner provided in sections 3 and 4 of Rule 76.

Interested person who is allowed to oppose the Publication and notice jurisdictional
issuance of letters testamentary - Publication and notice through publication
- One who stands to be benefitted such as an of the petition for the settlement of the
heir, or one who has a claim against the estate of a deceased person is jurisdictional,
estate, such as a director. the absence of which makes court orders
affecting other persons subsequent to the
Section 2. Contents of petition for letters of petition void and subject to annulment.
administration – A petition for letters of - The court has the following obligations as
administration must be filed by an interested and soon as a petition for letters of
must show, so far as known to the petitioner administration is filed
(a) Jurisdictional facts o Fix the time and place of hearing
(b) Names, ages and residences of the heirs, and o Cause notice of the time and place of
the names and residences of the creditors of hearing to be given to
the decedent ▪ Decedent’s known heirs
(c) Probable value and character of the property ▪ Decedent’s known creditors
of the estate ▪ Other persons believed to
(d) Name of the person for whom letters of have interest in the estate
administration
But no defect in the petition shall render void the Section 4. Opposition to petition for administration.
issuances of letters administration - Any interested person may, by filing a written
opposition, contest the petition on the ground of
Contents of a petition for letters administration the incompetency of the person for whom letters
- Similar to the contents required for a are prayed therein, or on the ground of the
petition for the probate of a will contestant's own right to the administration, and
- Only difference between the contents of the may pray that letters issue to himself, or to any
will’s custodian be stated if the will has not competent person or person named in the
yet been delivered to the court opposition.

Jurisdictional facts required in a petition for issuance Any person interested in a will
of letters of administration - May oppose in writing the issuance of letters
- Death of the testator testamentary and the at the same time, file
- Residence at the time of death in the petition for letters of administration with will
province where the probate court is located annexed.

23 SpecPro | Atty. Yulo | Lacaba | 2023

Section 5. Hearing and order for letters to issue. - At
the hearing of the petition, it must first be shown
that notice has been given as hereinabove required,
and thereafter the court shall hear the proofs of the
parties in support of their respective allegations,
and if satisfied that the decedent left no will, or that
there is no competent and willing executor, it shall
order the issuance of letters of administration to the
party best entitled thereto.

Section 6. When letters of administration granted to

any applicant. - Letters of administration may be
granted to any qualified applicant, though it appears
that there are other competent persons having
better right to the administration, if such persons
fail to appear when notified and claim the issuance
of letters to themselves.

24 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 80 discretion amounting to lack or excess of
Special administrator jurisdiction
- Special administrator is not empowered to
Section 1. Appointment of special administrator. - pay the estate’s debt
When there is delay in granting letters testamentary - Instances when appointment is made by the
or of administration by any cause including an court
appeal from the allowance or disallowance of a will, o There is delay in the granting of the
the court may appoint a special administrator to letters testamentary or
take possession and charge of the estate of the administration
deceased until the questions causing the delay are o When the executor or administrator
decided and executors or administrators appointed. is a claimant against the estate, but
only as to the portion over which
Nature of office there is claim.
- Special administrator is an officer of the
court who is subject to its supervision and When special administrator appointed
control, expected to work for the best - Court may appoint a special administrator
interest of the entire estate, with a view to when
its smooth administration and speedy o There is delay in granting letters
settlement. testamentary or of administration by
- Appointment of a SA is justified only when any use including an appeal from the
there is delay in granting letters allowance or disallowance of a will
testamentary or administration occasioned ▪ Issuance of letters
by any cause. testamentary or
- When appointed, he or she is not regarded administration is delayed due
as an agent or representative of the parties to any cause. The special
suggesting the appointment. administrator’s powers exists
until the questions causing
Distinguished from regular administrator the delay are decided or
when the executor or
Regular administrator administrator is appointed
- Court’s order of appointment may be o The executor or administrator is a
appealed claimant against the estate he
- One of the obligations is to pay and represents. In this case, the special
discharge all the debts of the estate administrator administers only the
- Instances when appointment is made by the portion over which there is such a
court claim.
o Decedent dies intestate
o Decedent fails to appoint an executor Section 2. Powers and duties of special
in the will administrator. - Such special administrator shall take
o The will is disallowed possession and charge of the goods, chattels, rights,
o Executor is incompetent or unwilling credits, and estate of the deceased and preserve the
same for the executors or administrator afterwards
Special administrator appointed, and for that purpose may commence
- Court’s order of appointment is and maintain suits as administrator. He may sell only
interlocutory and not appealable. The such perishable and other property as the court
appointment may only be challenged orders sold. A special administrator shall not be
through a special civil action for certiorari liable to pay any debts of the deceased unless so
raising as a ground grave of abuse of ordered by the court.

25 SpecPro | Atty. Yulo | Lacaba | 2023

Selection or removal or special administrator
- Not governed by the rules regarding the
selection or removal of regular administrator
- Courts may appoint or remove special
administrators based on grounds other than
those enumerated in the rules, at their
direction.

Section 3. When powers of special administrator

cease. Transfer of effects. Pending suits. - When
letters testamentary or of administration are
granted on the estate of the deceased, the powers
of the special administrator shall cease, and he shall
forthwith deliver to the executor or administrator
the goods, chattels, money, and estate of the
deceased in his hands. The executor or
administrator may prosecute to final judgment suits
commenced by such special administrator.

26 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 81 o If another person claims ownership
Bond of executors and administrators over the property
▪ Court may provisionally rule
Section 1. Bond to be given issuance of letters. on the title to the property for
Amount. Conditions. – Before an executor or the purposes of its inclusion
administrator enters upon the execution of his trust or exclusion from the
and letters testamentary or administration issue, he inventory
shall give a bon, in such sum as the court directs, ▪ Court decides the matter, the
conditioned as follows: decision shall not be
(a) To make and return to the court, within 3 conclusive, because title over
months, a true and complete inventory of all property is a subject of a
goods, chattels, rights, credits and estate of separate action
the deceased which shall come into
possession or knowledge or to the Section 2. Bond of executor where directed in will.
possession of any other person for him. When further bond re quired. – If the testator in his
(b) To administer according to these rules, and will directs that the executors serve without bond or
if an executor, according to the will of the with only his individual bond, he may be allowed by
testator, all goods, chattels, rights, credits the court to give bond in such sum and with such
and estate which shall at any time come to surety as the court approves conditioned only to pay
his possession or to the possession of any the debts of the testator, but the court may require
other person for him, and from the proceeds of the executor a further bond in case of change in
to pay and discharge all debts, legacies and his circumstance, or for other sufficient case, with
charges on the same, or such dividends the conditions named in the last preceding section.
thereon as shall be decreed by the court.
(c) To render a true and just account of his Rule
administration to the court within 1 year and - Executor is required to give a bond
at any other time when required by the court conditioned on one’s performance of the
(d) To perform all orders of the court by him to obligations enumerated in section 1.
be performed.
Exception
Bond required by law - Provision in the decedent’s will exempting
- For the benefit of the heirs, creditors and the the named executor from giving a bond. In
estate such case, the court may nevertheless
- Answers for the administrator or executor’s require the executor to give a bon on the
failure to fulfill any of the conditions of the condition that the executor shall pay the
bond. decedent’s debts.

Conditions of the bond Section 3. Bonds of joint executor and administrator

- Administrator or executor to submit a true – When two or more persons are appointed
and complete inventory of the decedent’s executors or administrators the court may take a
properties that shall comprise his estate separate bond from each or a joint bond from all
o Inventory must include properties in
the administrator’s physical Section 4. Bond of special administrator – A special
possession and even those that come administrator before entering upon the duties of his
to his knowledge trust shall give a bon, in such sum as the court
o For as long as the administrator has directs, conditioned that he will make and return a
knowledge that a certain property true inventory of the goods, chattels, rights, credits
belong to the decedent’s estate, he and estate of the deceased which come to his
must include it in the inventory. possession or knowledge and that he will truly

27 SpecPro | Atty. Yulo | Lacaba | 2023

account for such as are received by him when
required by the court, and will deliver the same to
the person appointed executor or administrator, or
to such other person as may be authorized to
receive them.

Conditions for a SAs bond are limited compared with

the conditions for the administrator’s bond.

Specifically the conditions for the special

administrator’s bond cover only the following
matters
- Make and return a true inventory of the
goods, chattels, rights, credits and estate of
the deceased which come to his possession
or knowledge
- Truly account for the decedent’s estate as
are received by him when required by the
court
- Deliver the same to the person appointed
executor or administrator or to such other
person as may be authorized to receive
them.

28 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 82 discharge the trust, the court may remove him or in
Revocation of administration, death, resignation its discretion, may permit him to resign. When an
and removal of executors or administrators executor or administrator dies, resigns or is
removed the remaining executor or administrator
Section 1. Administrator revoked if will discovered. may administer the trust alone, unless the court
Proceedings thereupon. – If after letters of grants letters to someone to act with him. If there is
administration have been granted on the estate of a no remaining executor or administrator,
decedent as if he had died intestate, his will is administration may be granted to any suitable
proved and allowed by the court, the letters of person.
administration shall be revoked and all powers
thereunder cease and the administrator shall Removal or resignation of executor or administrator
forthwith surrender the letters of the court and - Section 1 states letters of administration
render his account with such time as the court should not have been issued in the first place
directs. Proceeding for the issuance of letters o Letters were unlawfully issued
testamentary or of administration under the will - Section 2 refers to the administrator’s
shall be as hereinbefore provided. removal.
o Letters were lawfully issued, but for
Instances when the court may revoke letters of reasons that occur after the letters
administration that have already been granted are issued, there is sufficient basis to
- When the decedent’s will is discovered and remove the person appointed as
admitted to probate administrator.
o Mere discovery of decedent’s will is o Removal lies within the discretion of
not sufficient bases to revoke the court appointing him.
o Act of discovery does not ipso facto o Grounds pertain to regular
nullify the letters issued by the court administrator
o Decedents will must be probated first
before the court may revoke the Grounds for removal or resignation of administrator
letters of adminstration - Neglect to render one’s account and settle
- When the letters of administration are the estate according to law
illegally issued or issued without jurisdiction - Neglect to perform an order or judgement of
the court or a duty expressly provided by the
Consequences of revocation ROC
- All powers under the letters of - Absconds
administration ceases - Becomes insane or otherwise incapable or
- Administrator shall surrender the letters to unsuitable to discharge the trust
the court
- Administrator must render his account The grounds stated above
within the time given by the court - Are not exclusive
- Proceedings for the issuance of the letters - Court is justified in removing an
testamentary or administration shall follow administrator if it losses confidence in him

Section 2. Court may remove or accept resignation Determination of persons suitability for the office of
of executor or administrator. Proceeding upon judicial administrator
death, resignation or removal – If an executor or - Rests in the sound judgement of the court
administrator neglects to render his account and exercising power of appointment and said
settle the estate according to law, or to perform an judgement is not to be inferred with on
order or judgement of the court or a duty expressly appeal unless the said court is clearly in error
provided by these rules or absconds or becomes
insane or otherwise incapable or unsuitable to

29 SpecPro | Atty. Yulo | Lacaba | 2023

Recognized sufficient basis to remove an whom letters testamentary or of administration are
administrator by the SC granted after the revocation of former letters or the
- Administrator who disbursed funds of the death, resignation or removal of a former executor
estate without judicial approval or administrator shall have the like powers to collect
- False representation by administrator in and settle the estate not administered that the
securing his appointment former executor or administrator had and may
- An administrator who holds an interest prosecute or defend actions commenced by or
adverse to that of the estate or by his against the former executor or administrator, and
conduct showing his unfitness to discharge have execution on judgements recovered in the
the trust name of such former executor or administrator. An
- An administrator who has the physical authority granted by the court to the former
inability and consequent unsuitability to executor or administrator for the sale or mortgage
manage the estate or real estate may be renewed in favor of such
person without further notice or hearing.
Who may ask for the removal of an administrator
- Jurisprudence provides that a creditor, even Powers of new administrator or executor
a contingent one, would have the - Collect and settle the estate not
personality to seek such relief. administered that the former executor or
administrator had
With respect to resignation, the following steps - Prosecute or defend actions commenced by
must be made before the court may accept or against the former executor or
- Administrator submits a resignation letter to administrator
the court - Execute on judgements recovered in the
- Administrator prepares an inventory of the name of such former executor or
properties in his possession. administrator.

Section 3. Acts before revocation, resignation or

removal to be valid – The lawful acts of an executor
or administrator before the revocation of his letters
testamentary or of administration or before his
resignation or removal shall have the like validity as
if there had been no such revocation, resignation or
removal.

Acts done prior to revocation or removal

- Shall remain valid
- They are not nullified by the revocation of
the letters of administration or
administrator’s removal
- If there are 2 or more administrators
o Removal of one does not
automatically extend to the other
▪ Unless the court provides for
it
o Other administrator shall administer
the whole estate.

Section 4. Powers of new executor or administrator.

Renewal of license to sell real estate – Person to

30 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 83 Section 3. allowance to widow and family – The
Inventory and appraisal. Provision for support of widow and minor or incapacitated children of a
family. deceased person, during the settlement of the
estate, shall receive therefrom, under the direction
Section 1. Inventory and appraisal to be returned of the court, such allowance as provided by law.
within 3 months – Within 3 months after his
appointment every executor or administrator shall
return to the court a true inventory and appraisal of
all 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 appraiser to give
his or their assistance.

Obligation of administrator or executor

- Submit a true inventory of the decedent’s
estate within 3 months from his
appointment

Purpose of inventory
- To aid the court in revising the accounts and
determining the liabilities of the executor or
administrator and in making a final and
equitable distribution of the estate and
otherwise to facilitate the administration of
the estate

Authority of probate court

- Provisionally determine whether a certain
property should be included in the inventory

Objective of requiring inventory and appraisal of

estate of the decedent
- To aid the court in revising the accounts and
determining the liabilities of the executor or
administrator in making a final and equitable
distribution of the estate.

Section 2. Certain articles not to be inventoried. -

The wearing apparel of the surviving husband or
wife and minor children, the marriage bed and
bedding, and such provisions and other articles as
will necessarily be consumed in the subsistence of
the family of the deceased, under the direction of
the court, shall not be considered as assets, nor
administered as such, and shall not be included in
the inventory.

31 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 84 and deliver the same in such repair to the heirs or
General powers and duties of executors and devisees when directed so to do by the court.
administrators
Section 3. Executor or administrator to retain whole
Section 1. Executor or administrator to have access estate to pay debts, and to administer estate not
to partnership books and property. How right willed – An executor or administrator shall have the
enforced. - The executor or administrator of the right to the possession and management of the real
estate of a deceased partner shall at all times have as well as the personal estate of the deceased so
access to, and may examine and take copies of, long as it is necessary for the payment of the debts
books and papers relating to the partnership and the expenses of administration
business, and may examine and make invoices of
the property belonging to such partnership; and the Right of executor or administrator to the possession
surviving partner or partners, on request, shall and management of real and personal properties of
exhibit to him all such books, papers, and property the deceased
in their hands or control. On the written application - Not absolute and can only be exercised so
of such executor or administrator, the court having long as it is necessary for the payment of the
jurisdiction of the estate may order any such debts and expenses of administration
surviving partner or partners to freely permit the
exercise of the rights, and to exhibit the books, Executor and administrator granted only powers of
papers, and property, as in this section provided, administration
and may punish any partner failing to do so for - Court appoints an executor or administrator
contempt. to facilitate the liquidation and distribution
of the decedent’s estate.
Section 1 - Appointed for the efficient management of
- Refers to special powers granted the the estate and prevent its dissipation.
executor or administrator when the estate
involved belongs to a partner. Is court intervention required before an executor or
administrator may enter into a lease agreement
Rules provided for safeguards to protect that over the decedent’s estate?
deceased partner’s interest in the partnership - Entering into a lease contract is merely an
- One shall at all time have access to and may act of administration for which no court
examine and take copies of books and order is required to render it valid.
papers relating to the partnership business - Court order is only required if the lease will
- One may examine and make invoices of the be registered in the registry of property
property belonging to the partnership following article 1647 of the civil code
- Provisions requiring agents to secure an SPA
Obligations of surviving partners before one may enter into lease contracts
- Exhibit to the executor or administrator, on exceeding one year
the latter’s request, all books, papers and o Does not apply to an executor or
property in the partner’s hands administrator.
- Freely permit the exercise of rights and o The executor or administrator
exhibit the books, papers and property as represents the court as well as the
may be ordered by the court on the written heirs and creditors of the estate, but
application of the executor or administrator an agent is only answerable to the
principal.
Section 2. Executor or administrator to keep
building in repair – An executor or administrator
shall maintain in tenantable repair the houses and
other structures and fences belonging to the estate,

32 SpecPro | Atty. Yulo | Lacaba | 2023

Powers of administrators and executors
- Possess and manage the estate of the
deceased to pay debts and expenses of
administration
- Executor or administrator has access to
examine and take copies of books and
papers relating to the partnership business
and examine and make invoices of the
property belonging to such partnership
- With the approval of the court to compound
or compromise with a debtor of the
deceased

Duties of administrators and executors

- Maintain the estate in tenantable repair
- Deliver the same to the heirs or devisees
when directed by the court.

Rule 111 sec 4

- Related to rule 86 section 1

When should claims be filed

More than 12 or less than 6 months after the date

of publication

33 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 85 occupies any part of the real estate himself, he shall
Accountability and compensation of executors account for it as may be agreed upon between him
and administrators and the parties interested, or adjusted by the court
with their assent; and if the parties do not agree
Section 1. Executor or administrator chargeable upon the sum to be allowed, the same may be
with all estate and income – Except as otherwise ascertained by the court, whose determination in
expressly provided in the following sections, every this respect shall be final.
executor or administrator is chargeable in his
account with the whole of the estate of the Section 5. Accountable if he neglects or delays to
deceased which has come into his possession, at the raise or pay money. - When an executor or
value of the appraisement contained in the administrator neglects or unreasonably delays to
inventory, with all the interest, profit and income of raise money, by collecting the debts or selling the
such estate and with the proceeds of so much of the real or personal estate of the deceased, or neglects
estate as is sold by him, at the price at which it was to pay over the money he has in his hands, and the
sold. value of the estate is thereby lessened or
unnecessary cost or interest accrues, or the persons
Property not in possession of executor or interested suffer loss, the same shall be deemed
administrator waste and the damage sustained may be charged
- An executor or administrator is not and allowed against him in his account, and he shall
accountable for property that, although it be liable therefor on his bond.
comes to his knowledge, it does not come
into his possession. Section 6. When allowed money paid as cost. - The
o Except when, if such administrator or amount paid by an executor or administrator for
executor gains knowledge respecting costs awarded against him shall be allowed in his
the deceased’s estate, he may be administration account, unless it appears that the
held accountable if he fails to recover action or proceeding in which the costs are taxed
possession of the same through his was prosecuted or resisted without just cause, and
fault or negligence not in good faith.

Section 2. Not to profit by increase or lose by Section 7. What expenses and fees allowed executor
decrease in value. - No executor or administrator or administrator. Not to charge for services as
shall profit by the increase, or suffer loss by the attorney. Compensation provided by will controls
decrease or destruction, without his fault, of any unless renounced. - An executor or administrator
part of the estate. He must account for the excess shall be allowed the necessary expenses in the care,
when he sells any part of the estate for more than management, and settlement of the estate, and for
the appraisement, and if any is sold for the less than his services, four pesos per day for the time actually
the appraisement, he is not responsible for the loss, and necessarily employed, or a commission upon
if the sale has justly made. If he settles any claim the value of so much of the estate as comes into his
against the estate for less than its nominal value, he possession and is finally disposed of by him in the
is entitled to charge in his account only the amount payment of debts, expenses, legacies, or distributive
he actually paid on the settlement. shares, or by delivery to heirs or devisees, of two per
centum of the first five thousand pesos of such
Section 3. When not accountable for debts due value, one per centum of so much of such value as
estate. - No executor or administrator shall be exceeds five thousand pesos and does not exceed
accountable for debts due the deceased which thirty thousand pesos, one-half per centum of so
remain uncollected without his fault. much of such value as exceeds thirty thousand
pesos and does not exceed one hundred thousand
Section 4. Accountable for income from realty used pesos and one-quarter per centum of so much of
by him. - If the executor or administrator uses or such value as exceed one hundred thousand pesos.

34 SpecPro | Atty. Yulo | Lacaba | 2023

But in any special case, where the estate is large, Section 9. Examinations on oath with respect to
and the settlement has been attended with great account. - The court may examine the executor or
difficulty, and has required a high degree of capacity administrator upon oath with respect to every
on the part of the executor or administrator, a matter relating to any account rendered by him, and
greater sum may be allowed. If objection to the fees shall so examine him as to the correctness of his
allowed be taken, the allowance may be re- account before the same is allowed, except when no
examined on appeal. objection is made to the allowance of the account
and its correctness is satisfactorily established by
If there are two or more executors or competent proof. The heirs, legatees, distributes,
administrators, the compensation shall be and creditors of the estate shall have the same
apportioned among them by the court according to privilege as the executor or administrator of being
the services actually rendered by them respectively. examined on oath on any matter relating to an
administration account.
When the executors or administrator is an attorney,
he shall not charge against the estate any Section 10. Account to be settled on notice. - Before
professional fees for legal services rendered by him. the account of an executor or administrator is
allowed, notice shall be given to persons interested
When the deceased by will makes some other of the time and place of examining and allowing the
provision for the compensation of his executor, that same; and such notice may be given personally to
provision shall be a full satisfaction for his services such persons interested or by advertisement in a
unless by a written instrument filed in the court, he newspaper or newspapers, or both, as the court
renounces all claim to the compensation provided directs.
by the will.
Instances when notice has to be given to interested
Expenses and fees allowed the executor or parties are provided in
administrator - Section 10, rule 85
- In order to entitle the executor or o Time and place of examining and
administrator to additional compensation, allowing the account of the executor
the estate must be large, the settlement or administrator
extraordinarily difficult and a high degree of - Section 7(b), rule 89
capacity demonstrated by him. o Concerning the petition to authorize
the executor or administrator to sell
Section 8. When executor or administrator to render personal estate or to sell, mortgage
account – Every executor or administrator shall or otherwise encumber real estates
render an account of his administration within 1 - Section 1, rule 90
year from the time of receiving letters testamentary o Regarding the hearing for the
or administration, unless the court otherwise directs application for an order for
because of extensions of time for presenting claims distribution of the estate residue.
against or paying the debts of, the estate or for
disposing of the estate and he shall render such Section 11. Surety on bond may be party to
further accounts as the court may require until the accounting – Upon the settlement of the account of
estate is wholly settled. an executor or administrator, a person liable as
surety in respect to such account may, upon
Closing proceedings application, be admitted as party to such
- Administrator or executor must account in accounting.
consonance with their duty to account for all
the assts of the decedent’s estate which
have come into her possession by virtue of
her office prior to closing the proceedings

35 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 86 an order of distribution is entered, on application of
Claims against the estate a creditor who has failed to file his claim within the
previously limited, the court may, for cause shown
Section 1. Notice to creditors to be issued by court – and, on such terms, as are equitable, allow such
Immediately after granting letters testamentary or claim to be filed within a time not exceeding 1
of administration, the court shall issue a notice month.
requiring all the persons having money claims
against the decedent to file them in the office of the Time for filing claims
said clerk. - Not more than 12 months
- Not less than 6 months
Immediately after granting letters testamentary or o Reckoned from the date of the first
of administration, the court shall issue a notice publication of the notice
- Requiring all person having money claims - Money claims against the estate may be
against the estate allowed any time before an order of
- To file them in the office of the clerk of court distribution is entered, at the discretion of
the court for the cause and upon such terms
Purpose of presenting claims against the estate as are equitable.
- To protect the estate of the deceased.
- Executor or administrator can examine each Statute of non-claims
claim and determine which if a proper one - Period fixed for the filing of claims against
and should be allowed the estate, such that claims not filed within
the said period are barred forever
Types of claims that may be filed o Period fixed by probate court must
- Only money claims against the decedent are not be less than 6 months or more
allowed under this rule than 12 month from the date of first
o But not all money claims may be publication of notice
prosecuted, only those contracted o Such period once fixed by the court is
before the decedent’s death may be mandatory and it cannot be
brought under rule 86. shortened
- Claims after the death of the decedent may o Status of non-claims supersedes the
be allowed as expenses of administration, statute of limitation
but not as money claims under rule 86. - Even if such claim has not yet prescribed
- Claims for taxes whether assessed before or under the statute of limitation, if such claim
after decedent’s death can be collected from is not made with the probate court within
the heirs even after the distribution of the time set forth in the notice, the creditor
properties of the decedent. may no longer collect because of the statute
- Creditor of the conjugal partnership of non-claims.
o Remedy would be to file a claim - Exceptions
against the estate of the decedent o Creditor may apply with the court for
- A writ of execution is an improper remedy a new period not exceeding 1 month
for the payment of debts and expenses of from the order allowing the same for
administration. just cause in accordance with rule 86
o Creditor may set up his claim as a
Section 2. Time within which claims shall be filed – counterclaim in an action filed by the
In the notice provided in the preceding section, the executor or administrator against
court shall state the time for the filing of claims him in accordance with rule 86,
against the estate, which shall not be more than 12 section 5.
not less than 6 months after the date of the first
publication of notice. However, at any time before

36 SpecPro | Atty. Yulo | Lacaba | 2023

Section 3. Publication of notice to creditors. — Every them independently to the court as herein provided,
executor or administrator shall, immediately after and mutual claims may be set off against each other
the notice to creditors is issued, cause the same to in such action; and if final judgment is rendered in
be published three (3) weeks successively in a favor of the defendant, the amount so determined
newspaper of general circulation in the province, shall be considered the true balance against the
and to be posted for the same period in four public estate, as though the claim had been presented
places in the province and in two public places in the directly before the court in the administration
municipality where the decedent last resided. proceedings. Claims not yet due, or contingent, may
be approved at their present value.
After notice to creditors are issued, the executor or
administrator shall show cause the following Claims to file within the period
- Publication of notice 3 weeks successively in - Claims for money against the decedent
a newspaper of general circulation in the arising from contract, express or implied,
province whether due or not or contingent
- Posting of the notice for 3 weeks - Claims for funeral expenses and expenses for
successively in the following places the last sickness of the decedent
o 4 public places in the province - Judgement for money against decedent
o 2 public places in the municipality
where the decedent last resided Money claims against decedent
- Allows the prosecution of money claims
Section 4. Filing of copy of printed notice. — Within arising from contract against the estate of
ten (10) days after the notice has been published the deceased debtor.
and posted in accordance with the preceding - Claims must be made within the time
section, the executor or administrator shall file or prescribed in the notice otherwise they are
cause to be filed in the court a printed copy of the barred forever
notice accompanied with an affidavit setting forth o Except when the claim is setup as a
the dates of the first and last publication thereof and counterclaim in an action brought by
the name of the newspaper in which the same is the executor or administrator for the
printed. estate.
- Copy of the printed notice must be filed with - Imposition of time limit for the filing of
the court within 10 days after publication claims
and posting o To protect the estate of the deceased
o Speedy settlement of affairs of
Section 5. Claims which must be filed under the deceased
notice. If not filed, barred; exceptions. — All claims o Early delivery of property to
for money against the decent, arising from contract, distributes, legatees or heirs
express or implied, whether the same be due, not
due, or contingent, all claims for funeral expenses Ordinary action for collection
and expense for the last sickness of the decedent, - Not allowed
and judgment for money against the decent, must
be filed within the time limited in the notice; Contingent claims
otherwise they are barred forever, except that they - Claims in which liability depends on some
may be set forth as counterclaims in any action that future event that may or may not happen
the executor or administrator may bring against the and which makes it uncertain whether there
claimants. Where an executor or administrator will ever by any liability.
commences an action, or prosecutes an action - Does not follow the temporary orders of
already commenced by the deceased in his lifetime, dismissal of an action upon which it is based,
the debtor may set forth by answer the claims he it awaits the final outcome thereof and only
has against the decedent, instead of presenting said final result can cause its termination.

37 SpecPro | Atty. Yulo | Lacaba | 2023

Implied contract has the right to recover the
- Those arising from ex lege or quasi- respective contributions of the other
contracts, such as for the return of goods debtors.
from the person to whom the goods were o Failure to file a claim for solidary
mistakenly delivered, who thus becomes a obligation against the decedent’s
debtor in favor of the true owner who is a estate bars it
creditor. ▪ Does not result in the
extinction of the obligation
Claims which survive death - Joint obligation
- Claims for civil liability survive o The claim shall be properly limited to
notwithstanding the death of the accused if the portion owed by the decedent
the same may also be based on a source of
obligation other than delict Section 7. Mortgage debt due from estate. — A
- A separate civil action may be enforced creditor holding a claim against the deceased
either against secured by mortgage or other collateral security,
o The estate of the accused in case of a may abandon the security and prosecute his claim in
contract the manner provided in this rule, and share in the
o The executor or administrator in case general distribution of the assets of the estate; or he
of law, quasi-contract and quasi- may foreclose his mortgage or realize upon his
delict. security, by action in court, making the executor or
administrator a party defendant, and if there is a
Judgement for money judgment for a deficiency, after the sale of the
- When judgement in a civil case has become mortgaged premises, or the property pledged, in the
final and executor foreclosure or other proceeding to realize upon the
o Execution is not proper remedy to security, he may claim his deficiency judgment in the
enforce payment manner provided in the preceding section or he may
o Claimant should present the claim rely upon his mortgage or other security alone, and
before the probate court foreclosure the same at any time within the period
o Mandamus is also not a proper of the statute of limitations, and in that event he
remedy because such is not a matter shall not be admitted as a creditor, and shall receive
of right. no share in the distribution of the other assets of
estate; but nothing herein contained shall prohibit
Section 6. Solidary obligation of decedent. — Where the executor or administrator from redeeming the
the obligation of the decedent is solidary with property mortgaged or pledged, by paying the debt
another debtor, the claim shall be filed against the for which it is held as security, under the direction of
decedent as if he were the only debtor, without the court, if the court shall adjudge it to be for the
prejudice to the right of the estate to recover best interest of the estate that such redemption
contribution from the debtor. In a joint obligation of shall be made.
the decedent, the claim shall be confined to the
portion belonging to him. Options available to a secured creditor
- Abandon the security and prosecute his
Decedent is a debtor in either a solidary or joint claim against the estate and share in the
obligation general distribution of the assets thereof
- Solidary obligation - Foreclose his mortgage judicially or realize
o Creditor is mandated to file a claim upon his security by action in court, making
against the decedent as if he were the executor or administrator a party
the only debtor defendant and if there is judgement for
o If the creditor succeeds in collecting deficiency, he may file a contingent claim
from the decedent debtor, the estate

38 SpecPro | Atty. Yulo | Lacaba | 2023

 against the estate within the statute of non- have been made thereon which are not credited,
claims and that there are no offsets to the same, to the
- Rely solely on his mortgage and foreclose the knowledge of the affiant. If the claim is not due, or
same extrajudicially at any time within the is contingent, when filed, it must also be supported
period of the statute of limitations but he by affidavits stating the particulars thereof. When
cannot be admitted as creditor and shall not the affidavit is made by a person other than the
receive in the distribution of the other assets claimant, he must set forth therein the reason why
of the estate. it is not made by the claimant. The claim once filed
shall be attached to the record of the case in which
Remedies of a mortgagee the letters testamentary or of administration were
- Waive the mortgage and claim the entire issued, although the court, in its discretion, and as a
debt from the estate of the mortgagor as an matter of convenience, may order all the claims to
ordinary claim be collected in a separate folder
- Foreclose the mortgage judicially and prove
any deficiency as an ordinary claim Procedure for filing claims
- Rely on the mortgage exclusively, foreclosing - Claim must be delivered with the necessary
the same at any time it is barred by vouchers to the clerk of court
prescription without the right to file a claim - A copy must be served on the executor or
for any deficiency administrator
- If the claim is founded on an instrument, it
Section 8. Claim of executor or administrator against must be attached to the claim and filed with
an estate. — If the executor or administrator has a it
claim against the estate he represents, he shall give - If the claim is due, an affidavit supporting
notice thereof, in writing, to the court, and the court such claim must be filed which shall state
shall appoint a special administrator, who shall, in o Amount due
the adjustment of such claim, have the same power o No payments have been made
and be subject to the same liability as the general thereon which are not credited
administrator or executor in the settlement of other o There are no offsets to the same
claims. The court may order the executor or - If the claim is not due or is contingent, it
administrator to pay to the special administrator must be supported by affidavits stating its
necessary funds to defend such claim. particulars
- When a person other than the claimant
Section 9. How to file a claim. Contents thereof. makes the affidavit, the reason why it is not
Notice to executor or administrator. — A claim may made by the claimant must be stated.
be filed by delivering the same with the necessary
vouchers to the clerk of court and by serving a copy Section 10. Answer of executor or administrator.
thereof on the executor or administrator. If the Offsets —Within fifteen (15) days after service of a
claim be founded on a bond, bill, note, or any other copy of the claim on the executor or administrator,
instrument, the original need not be filed, but a copy he shall file his answer admitting or denying the
thereof with all indorsements shall be attached to claim specifically, and setting forth the admission or
the claim and filed therewith. On demand, however, denial. If he has no knowledge sufficient to enable
of the executor or administrator, or by order of the him to admit or deny specifically, he shall state such
court or judge, the original shall be exhibited, unless want of knowledge. The executor or administrator
it be list or destroyed, in which case the claimant in his answer shall allege in offset any claim which
must accompany his claim with affidavit or affidavits the decedent before death had against the claimant,
containing a copy or particular description of the and his failure to do so shall bar the claim forever. A
instrument and stating its loss or destruction. When copy of the answer shall be served by the executor
the claim is due, it must be supported by affidavit or administrator on the claimant. The court in its
stating the amount justly due, that no payments

39 SpecPro | Atty. Yulo | Lacaba | 2023

discretion may extend the time for filing such costs of his action up to the time of its
answer. discontinuance.

Section 11. Disposition of admitted claim. — Any

claim admitted entirely by the executor or
administrator shall immediately be submitted by the
clerk to the court who may approve the same
without hearing; but the court, in its discretion,
before approving the claim, may order that known
heirs, legatees, or devisees be notified and heard. If
upon hearing, an heir, legatees, or devisee opposes
the claim, the court may, in its discretion, allow him
fifteen (15) days to file an answer to the claim in the
manner prescribed in the preceding section.

Section 12. Trial of contested claim. - Upon the filing

of an answer to a claim, or upon the expiration of
the time for such filing, the clerk of court shall set
the claim for trial with notice to both parties. The
court may refer the claim to a

Obligation of the clerk of court to set the claim for

trial arises upon the happening of either
- Filing of an answer to the claim
- Expiration of the time for such filing

Section 13. Judgment appealable. - The judgment of

the court approving or disapproving a claim, shall be
filed with the record of the administration
proceedings with notice to both parties, and is
appealable as in ordinary cases.

A judgment against the executor or administrator

shall be that he pay, in due course of administration,
the amount ascertained to be due, and it shall not
create any lien upon the property of the estate, or
give to the judgment creditor any priority of
payment.
Section 14. Costs. — When the executor or
administrator, in his answer, admits and offers to
pay part of a claim, and the claimant refuses to
accept the amount offered in satisfaction of his
claim, if he fails to obtain a more favorable
judgment, he cannot recover costs, but must pay to
the executor or administrator costs from the time of
the offer. Where an action commenced against the
deceased for money has been discontinued and the
claim embraced therein presented as in this rule
provided, the prevailing party shall be allowed the

40 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 87 ▪ Pending the filing of
Actions by and against executor and administrator administration proceedings
▪ Administration proceedings
Section 1. Actions which may and which may not be have already been
brought against executor or administrator. — No commenced but an
action upon a claim for the recovery of money or administrator has not yet
debt or interest thereon shall be commenced been appointed
against the executor or administrator; but to ▪ The executor or
recover real or personal property, or an interest administrator is unwilling or
therein, from the estate, or to enforce a lien refuse to bring suit
thereon, and actions to recover damages for an ▪ The executor or
injury to person or property, real or personal, may administrator is alleged to
be commenced against him. have participated in the act
complained of and he is made
Section 2. Executor or administrator may bring or a party defendant
defend actions which survive. — For the recovery or - In case the heirs were allowed to file a
protection of the property or rights of the deceased, petition for correction of clerical errors in the
an executor or administrator may bring or defend, description of the property in the project of
in the right of deceased, actions for causes which partition after it was approved by the
survive. probate court
- The heir may sue the executor or
Recall of money claims should be filed against the administrator if
decedent’s estate o There is an order of the court
- They may not be pursued against the assigning the property to such heir
executor or administrator o The time allowed for the payment of
a debt has expired
Action that may be commenced against the
executor or administrator Section 4. Executor or administrator may compound
- Recovery of real property or personal with debtor. — Within the approval of the court, an
property or an interest therein executor or administrator may compound with the
- Enforcement of a lien on real or personal debtor of the deceased for a debt due, and may give
property a discharge of such debt on receiving a just dividend
- Recovery of damages for an injury to person, of the estate of the debtor.
property whether real or personal
Section 5. Mortgage due estate may be foreclosed. -
Section 3. Heir may not sue until shall assigned - A mortgage belonging to the estate of a deceased
When an executor or administrator is appointed and person, as mortgagee or assignee of the right or a
assumes the trust, no action to recover the title or mortgage, may be foreclosed by the executor or
possession of lands or for damages done to such administrator.
lands shall be maintained against him by an heir or - Executor or administrator is not chargeable
devisee until there is an order of the court assigning for the loss sustained by the estate
such lands to such heir or devisee or until the time o If through his negligence, the estate
allowed for paying debts has expired. sustains a loss due to his failure to
foreclose or delay until the mortgage
When heirs may file an action in court property has depreciated such that
- Heirs have no legal standing to sue for the full amount of the debt cannot be
recovery or protection of property right of recovered, the executor or
the deceased administrator shall bear the loss.
o Exception o

41 SpecPro | Atty. Yulo | Lacaba | 2023

Section 6. Proceedings when property concealed, Section 9. Property fraudulently conveyed by
embezzled, or fraudulently conveyed. - If an deceased may be recovered. When executor or
executor or administrator, heir, legatee, creditor or administrator must bring action. — When there is a
other individual interested in the estate of the deficiency of assets in the hands of an executor or
deceased, complains to the court having jurisdiction administrator for the payment of debts and
of the estate that a person is suspected of having expenses of administration, and the deceased in his
concealed, embezzled, or conveyed away any of the lifetime had conveyed real or personal property, or
money, goods, or chattels of the deceased, or that a right or interest therein, or an debt or credit, with
such person has in his possession or has knowledge intent to defraud his creditors or to avoid any right,
of any deed, conveyance, bond, contract, or other debt, or duty; or had so conveyed such property,
writing which contains evidence of or tends or right, interest, debt or credit that by law the
discloses the right, title, interest, or claim of the conveyance would be void as against his creditors,
deceased, the court may cite such suspected person and the subject of the attempted conveyance would
to appear before it and may examine him on oath be liable to attachment by any of them in his
on the matter of such complaint; and if the person lifetime, the executor or administrator may
so cited refuses to appear, or to answer on such commence and prosecute to final judgment an
examination or such interrogatories as are put to action for the recovery of such property, right,
him, the court may punish him for contempt, and interest, debt, or credit for the benefit of the
may commit him to prison until he submits to the creditors; but he shall not be bound to commence
order of the court. The interrogatories put any such the action unless on application of the creditors of
person, and his answers thereto, shall be in writing the deceased, not unless the creditors making the
and shall be filed in the clerk's office. application pay such part of the costs and expenses,
or give security therefor to the executor or
Section 7. Person entrusted with estate compelled administrator, as the court deems equitable.
to render account. — The court, on complaint of an
executor or administrator, may cite a person An executor or administrator may commence and
entrusted by an executor or administrator with any prosecute to final judgement an action for the
part of the estate of the deceased to appear before recovery of property, right, interest debts or credits
it, and may require such person to render a full for the benefit of creditors when the following
account, on oath, of the money, goods, chattels, circumstances concur
bonds, account, or other papers belonging to such - Deceased in his lifetime had converted real
estate as came to his possession in trust for such or personal property, right or interest
executor or administrator, and of his proceedings therein or debt or credit
thereon; and if the person so cited refuses to appear - Such conveyance was
to render such account, the court may punish him o Made with intent to defraud his
for contempt as having disobeyed a lawful order of creditors
the court. o Made to avoid any right, debt, or
duty or had so conveyed such
Section 8. Embezzlement before letters issued — If property, right, interest, debt or
a person, before the granting of letters creditors
testamentary or of administration on the estate of o The subject of the attempted
the deceased, embezzles or alienates any of the conveyance would be liable to
money, goods, chattels, or effects of such deceased, attachment by any of them in his
such person shall be liable to an action in favor of lifetime
the executor or administrator of the estate for - There is deficiency of assets in the hands of
double the value of the property sold, embezzled, or an executor or administrator for the
alienated, to be recovered for the benefit of such payment of debts and expenses of
estate. administration.

42 SpecPro | Atty. Yulo | Lacaba | 2023

Section 10. When creditor may bring action. Lien for
costs. — When there is such a deficiency of assets,
and the deceased in his lifetime had made or
attempted such a conveyance, as is stated in the last
preceding section, and the executor or
administrator has not commenced the action
therein provided for, any creditor of the estate may,
with the permission of the court, commence and
prosecute to final judgment, in the name of the
executor or administrator, a like action for the
recovery of the subject of the conveyance or
attempted conveyance for the benefit of the
creditors. But the action shall not be commenced
until the creditor has filed in a court a bond executed
to the executor or administrator, in an amount
approved by the judge, conditioned to indemnify
the executor or administrator against the costs and
expenses incurred by reason of such action. Such
creditor shall have a lien upon any judgment
recovered by him in the action for such costs and
other expenses incurred therein as the court deems
equitable. Where the conveyance or attempted
conveyance had been made by the deceased in his
lifetime in favor of the executor or administrator,
the action which a credit may bring shall be in the
name of all the creditors, and permission of the
court and filing of bond as above prescribed, are not
necessary.

Creditor may bring an action in the name of the

executor or administrator for the recovery of
property fraudulently conveyed by the deceased
upon concurrence of the following
- There is a deficiency of assets
- Deceased in his lifetime had made or
attempted such conveyance with intent to
defraud creditors or to avoid any right, debt
or duty
- The executor or administrator has not
commenced the action provided in section 9
- Creditor has filed a bond executed to the
executor or administrator in an amount
approved by the judge conditioned to
indemnify the executor or administrator
against the cost and expenses incurred by
reason of such action

43 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 88 to the executor or administrator, within two (2)
Payment of debts of the estate years from the time limited for other creditors to
present their claims, it may be allowed by the court
Section 1. Debts paid in full if estate sufficient. — If, if not disputed by the executor or administrator and,
after hearing all the money claims against the if disputed, it may be proved and allowed or
estate, and after ascertaining the amount of such disallowed by the court as the facts may warrant. If
claims, it appears that there are sufficient assets to the contingent claim is allowed, the creditor shall
pay the debts, the executor or administrator pay the receive payment to the same extent as the other
same within the time limited for that purpose. creditors if the estate retained by the executor or
administrator is sufficient. But if the claim is not so
Section 2. Part of estate from which debt paid when presented, after having become absolute, within
provision made by will. — If the testator makes said hio (2) years, and allowed, the assets retained
provision by his will, or designates the estate to be in the hands of the executor or administrator, not
appropriated for the payment of his debts, the exhausted in the payment of claims, shall be
expenses of administration, or the family expenses, disturbed by the order of the court to the persons
they shall be paid according to the provisions of the entitled to the same; but the assets so distributed
will; but if the provision made by the will or the may still be applied to the payment of the claim
estate appropriated, is not sufficient for that when established, and the creditor may maintain an
purpose, such part of the estate of the testator, real action against the distributees to recover the debt,
or personal, as is not disposed of by will, if any shall and such distributees and their estates shall be
be appropriated for that purpose. liable for the debt in proportion to the estate they
have respectively received from the property of the
Section 3. Personalty first chargeable for debts, then deceased.
realty. — The personal estate of the deceased not
disposed of by will shall be first chargeable with the Contingent claim is on that is subject to the
payment of debts and expenses; and if said personal happening of a future uncertain event
estate is not sufficient for that purpose, or its sale - Requisites for the estate to be required to
would redound to the detriment of the participants retain estate to meet the contingent claims
for the estate, the whole of the real estate not o The contingent claim is duly filed
dispose of by will, or so much thereof as is within the 2 year period allowed for
necessary, may be sold, mortgaged, or otherwise the creditors to present claims
encumbered for that purpose by the executor or o The court is satisfied that the claim is
administrator, after obtaining the authority of the valid
court therefor. Any deficiency shall be met by o The claim has become absolute
contributions in accordance with the provisions of
section 6 of this rule. Contingent claims which mature after the 2 year
period for filing claims
Section 4. Estate to be retained to meet contingent - The assets retained in the hands of the
claims. — If the court is satisfied that a contingent executor or administrator not exhausted in
claim duly filed is valid, it may order the executor or the payment of the claims, shall be
administrator to retain in his hands sufficient estate distributed by order of the court to the
to pay such contingent claim when the same persons entitled to the same.
becomes absolute, or if the estate is insolvent,
sufficient to pay a portion equal to the dividend Section 6. Court to fix contributive shares where
devisees, legalities, or heirs have been possession. -
Section 5. How contingent claim becoming absolute Where devisees, legalities, or heirs have entered
in two years allowed and paid. Action against into possession of portions of the estate before the
distributees later. - If such contingent claim debts and expenses have been settled and paid, and
becomes absolute and is presented to the court, or have become liable to contribute for the payment of

44 SpecPro | Atty. Yulo | Lacaba | 2023

such debts and expenses, the court having - Written notice is given to the person
jurisdiction of the estate may, by order for that interested
purpose, after hearing, settle the amount of their - Hearing by the court
several liabilities, and order how much and in what
manner each person shall contribute, and may issue Writ of execution may issue
execution as circumstances require. - A wring of execution may not issue to
recover a claim against the estate
Section 7. Order of payment if estate insolvent — If o Such writ may issue in accordance
the assets which can be appropriated for the with section 6
payment of debts are not sufficient for that purpose,
the executor or administrator shall pay the debts Section 8. Dividends to be paid in proportion to
against the estate, observing the provisions of claims. — If there are no assets sufficient to pay the
Articles 1059 and 2239 to 2251 of the Civil Code. credits of any once class of creditors after paying the
credits entitled to preference over it, each creditor
Following requisites must concur before the within such class shall be paid a dividend in
executor or administrator may pay the money proportion to his claim. No creditor of any one class
claims against the estate shall receive any payment until those of the
- A hearing is conducted preceding class are paid.
- The amounts of such claims are ascertained
- There are sufficient assets to pay the debt Several creditors entitled to the same preference
and the assets are insufficient to pay all of them
Order of preference for the payment of debts of the - The proceeds shall be prorated among the
estate creditors of the same preference
- From the portion or property designated in
the will Section 9. Estate of insolvent non-resident, how
- From the personal property disposed of. — In case administration is taken in the
- From the real property Philippine of the estate of a person who was at the
time of his death an inhabitant of another country,
Exceptions when realty can be charged first and who died insolvent, hi estate found in the
- When the decedent’s personal property is Philippines shall, as far as practicable, be so
insufficient disposed of that his creditors here and elsewhere
- When the sale of personal property shall be may receive each an equal share, in proportion to
detrimental to the participants of the estate their respective credits.
- When the sale of personal property may
injure the business or interest of those Section 10. When and how claim proved outside the
interested in the estate Philippines against insolvent resident's estate paid.
- When the testator has not made sufficient — If it appears to the court having jurisdiction that
provisions for payment of such debts, claims have been duly proven in another country
expenses and legacies against the estate of an insolvent who was at the
- When the decedent was, in his lifetime, time of his death an inhabitant of the Philippines,
under contract, binding in law, to deed real and that the executor or administrator in the
property to beneficiary Philippines had knowledge of the presentation of
- When the decedent during his lifetime held such claims in such country and an opportunity to
real property in trust for another contest their allowance, the court shall receive a
certified list of such claims, when perfected in such
Before the foregoing exceptions may apply the country, and add the same to the list of claims
following requisites must be complied with proved against the deceased person in the
- The executor or administrator makes an Philippines so that a just distribution of the whole
application with the court estate may be made equally among all its creditors

45 SpecPro | Atty. Yulo | Lacaba | 2023

according to their respective claims; but the benefit Section 13. When subsequent distribution of assets
of this and the preceding sections shall not be ordered. — If the whole of the debts are not paid on
extended to the creditors in another country if the the first distribution, and if the whole assets are not
property of such deceased person there found is not distributed, or other assets afterwards come to the
equally apportioned to the creditors residing in the hands of the executor or administrator, the court
Philippines and the other creditor, according to their may from time to time make further orders for the
respective claims. distributions of assets.

Decedent is a non-resident and insolvent Court is not precluded from making a single order of
- His estate found in the PH shall be distribution of the estate
distributed among his creditors both here
and outside the country, in proportion to Court has the power to make further orders for the
their respective shares distribution of the estate
- If the whole of debts are not paid in the first
Section 11. Order for payment of debts. — Before distribution
the expiration of the time limited for the payment of - If the whole assets are not distributed
the debts, the court shall order the payment - Of other assets afterwards come to the hand
thereof, and the distribution of the assets received of the executor or administrator
by the executor or administrator for that purpose
among the creditors, as the circumstances of the Section 14. Creditors to be paid in accordance with
estate require and in accordance with the provisions terms of order. — When an order is made for the
of this rule. distribution of assets among the creditors, the
executor or administration shall, as soon as the time
Section 12. Orders relating to payment of debts of payment arrives, pay the creditors the amounts
where appeal is taken. — If an appeal has been of their claims, or the dividend thereon, in
taken from a decision of the court concerning a accordance with the terms of such order.
claim, the court may suspend the order for the
payment of the debts or may order the distributions Section 15. Time for paying debts and legacies fixed,
among the creditors whose claims are definitely or extended after notice, within what periods. — On
allowed, leaving in the hands of the executor or granting letters testamentary or administration the
administrator sufficient assets to pay the claim court shall allow to the executor or administrator a
disputed and appealed. When a disputed claim is time for disposing of the estate and paying the debts
finally settled the court having jurisdiction of the and legacies of the deceased, which shall not, in the
estate shall order the same to be paid out of the first instance, exceed one (1) year; but the court
assets retained to the same extent and in the same may, on application of the executor or administrator
proportion with the claims of other creditors. and after hearing on such notice of the time and
place therefor given to all persons interested as it
When appeal is taken from its decision concerning a shall direct, extend the time as the circumstances of
claim, the court may take either of the following the estate require not exceeding six (6) months for
actions a single extension not so that the whole period
- Suspend the order for the payment of the allowed to the original executor or administrator
debts shall exceed two (2) years.
- Order the distribution among the creditors
whose claims are definitely allowed, leaving Section 16. Successor of dead executor or
in the hands of the executor or administrator administrator may have time extended on notice
sufficient assets to pay the claim disputed within certain period. — When an executor or
and appealed administrator dies, and a new administrator of the
same estate is appointed, the court may extend the
time allowed for the payment of the debts or

46 SpecPro | Atty. Yulo | Lacaba | 2023

legacies beyond Re time allowed to the original
executor or administrator, not exceeding six (6)
months at a time and not exceeding six (6) months
beyond the time which the court might have
allowed to such original executor or administrator;
and notice shall be given of the time and place for
hearing such application, as required in the last
preceding section.

1. Executor or administrator has an initial

period of one year from the issuance of
letters testamentary or administrator
2. Dispose of the estate
3. To pay the debts and legacies of the
deceased
4. The executor or administrator may apply for
an extension not exceeding 6 month for a
single extension after hearing and notice to
all persons interested
5. The whole period allowed to the original
executor or administrator shall not exceed 2
years
6. The successor of the executor or
administrator who dies during the
settlement of estate may have the time
extended on notice, not exceeding 6 months
at a time and not exceeding 6 months
beyond the time allowed to the original
executor or administrator
7. Total allowable period if the executor or
administrator dies is 2 and ½ years.

47 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 89 interested in the remainder, the authority may be
Sales, mortgages and other encumbrances of for the sale, mortgage, or other encumbrance of the
property of decedent whole of such real estate, or so much thereof as is
necessary or beneficial under the circumstances.
Section 1. Order of sale of personalty. — Upon the
application of the executor or administrator, and on The court on application may authorize the executor
written notice to the heirs and other persons or administrator to sell, mortgage or otherwise
interested, the court may order the whole or a part encumber the decedent’s real estate, instead of his
of the personal estate to be sold, if it appears personal property, in order to pay debts, expenses
necessary for the purpose of paying debts, expenses and legacies
of administration, or legacies, or for the
preservation of the property. The whole property may be sold, mortgaged or
encumbered in the following
Executor or administrator - If the sale, mortgage or encumbrance of a
- Prohibited from selling personal property of part will injure those interested in the
the decedent without a court order even if remainder
the heirs or other persons interested have - If it is necessary under the circumstances
consented thereto.
- May be held answerable for selling the Section 3. Persons interested may prevent such sale,
decedent’s property without a court order etc., by giving bond. - No such authority to sell,
- The court cannot motu proprio order the mortgage, or otherwise encumber real or personal
sale of personal property estate shall be granted if any person interested in
o Executor or administrator applies for the estate gives a bond, in a sum to be fixed by the
such sale with the court and gives court, conditioned to pay the debts, expenses of
written notice to the heirs and other administration, and legacies within such time as the
persons interested court directs; and such bond shall be for the security
of the creditors, as well as of the executor or
Section 2. When court may authorize sale, administrator, and may be prosecuted for the
mortgage, or other encumbrance of realty to pay benefit of either.
debts and legacies through personalty not
exhausted. — When the personal estate of the Section 4. When court may authorize sale of estate
deceased is not sufficient to pay the debts, expenses as beneficial to interested persons. Disposal of
of administration, and legacies, or where the sale of proceeds. - When it appears that the sale of the
such personal estate may injure the business or whole or a part of the real or personal estate, will be
other interests of those interested in the estate, and beneficial to the heirs, devisees, legatees, and other
where a testator has not otherwise made sufficient interested persons, the court may, upon application
provision for the payment of such debts, expenses, of the executor or administrator and on written
and legacies, the court, on the application of the notice to the heirs, devisees, and legatees who are
executor or administrator and on written notice of interested in the estate to be sold, authorize the
the heirs, devisees, and legatees residing in the executor or administrator to sell the whole or a part
Philippines, may authorize the executor or of said estate, although not necessary to pay debts,
administrator to sell, mortgage, or otherwise legacies, or expenses of administration; but such
encumber so much as may be necessary of the real authority shall not be granted if inconsistent with
estate, in lieu of personal estate, for the purpose of the provisions of a will. In case of such sale, the
paying such debts, expenses, and legacies, if it proceeds shall be assigned to the persons entitled to
clearly appears that such sale, mortgage, or the estate in the proper proportions.
encumbrance would be beneficial to the persons
interested; and if a part cannot be sold, mortgaged,
or otherwise encumbered without injury to those

48 SpecPro | Atty. Yulo | Lacaba | 2023

Primary consideration for the court from the deceased, the expenses of
- The interest and benefits of the heirs, administration, the legacies, the value of the
devisee, legatees and other interested personal estate, the situation of the estate to
persons. be sold, mortgaged, or otherwise
- While sale may not be necessary for the encumbered, and such other facts as show
payment of debts, expenses of that the sale, mortgage, or other
administration or legacies, the court may encumbrance is necessary or beneficial.
nevertheless authorized such sale. (b) The court shall thereupon fix a time and
place for hearing such petition, and cause
Section 5. When court may authorize sale, notice stating the nature of the petition, the
mortgage, or other encumbrance of estate to pay reasons for the same, and the time and place
debts and legacies in other countries. — When the of hearing, to be given personally or by mail
sale of personal estate, or the sale, mortgage, or to the persons interested, and may cause
other encumbrance of real estate is not necessary to such further notice to be given, by
pay the debts, expenses of administration, or publication or otherwise, as it shall deem
legacies in the Philippines, but it appears from proper;
records and proceedings of a probate court in (c) If the court requires it, the executor or
another country that the estate of the deceased in administrator shall give an additional bond,
such other country is not sufficient to pay the debts, in such sum as the court directs, conditioned
expenses of administration and legacies there, the that such executor or administrator will
court here may authorize the executor or account for the proceeds of the sale,
administrator to sell the personal estate or to seld mortgage, or other encumbrance;
mortgage, or otherwise encumber the real estate (d) If the requirements in the preceding
for the payment of debts or legacies in the other subdivisions of this section have been
country, in same manner as for the payment of complied with, the court, by order stating
debts or legacies in the Philippines. such compliance, may authorize the
executor or administrator to sell, mortgage,
Section 6. When court may authorize sale, or otherwise encumber, in proper cases,
mortgage, or other encumbrance of realty acquired such part of the estate as is deemed
on execution or foreclosure. — The court may necessary, and in case of sale the court may
authorize an executor or administrator to sell authorize it to be public or private, as would
mortgage, or otherwise encumber real estate be most beneficial to all parties concerned.
acquired by him on execution or foreclosure sale, The executor or administrator shall be
under the same cicumstances and under the same furnished with a certified copy of such order;
regulations as prescribed in this rule for the sale, (e) If the estate is to be sold at auction, the
mortgage, or other encumbrance of other real mode of giving notice of the time and place
estate. of the sale shall be governed by the
provisions concerning notice of execution
Section 7. Regulation for granting authority to sell, sale;
mortgage, or otherwise encumber estate. — The (f) There shall be recorded in the registry of
court having jurisdiction of the estate of the deeds of the province in which the real
deceased may authorize the executor or estate thus sold, mortgage, or otherwise
administrator to sell personal estate, or to sell, encumbered is situated, a certified copy of
mortgage, or otherwise encumber real estate, in the order of the court, together with the
cases provided by these rules and when it appears deed of the executor or administrator for
necessary or beneficial under the following such real estate, which shall be as valid as if
regulations. the deed had been executed by the
(a) The executor or administrator shall file a deceased in his lifetime.
written petition setting forth the debts due

49 SpecPro | Atty. Yulo | Lacaba | 2023

Section 8. When court may authorize conveyance of
realty which deceased contracted to convey. Notice.
Effect of deed. — Where the deceased was in his
lifetime under contract, binding in law, to deed real
property, or an interest therein, the court having
jurisdiction of the estate may, on application for that
purpose, authorize the executor or administrator to
convey such property according to such contract, or
with such modifications as are agreed upon by the
parties and approved by the court; and if the
contract is to convey real property to the executor
or administrator, the clerk of court shall execute the
deed. The deed executed by such executor,
administrator, or clerk of court shall be as affectual
to convey the property as if executed by the
deceased in his lifetime; but no such conveyance
shall be authorized until notice of the application for
that purpose has been given personally or by mail to
all persons interested, and such further notice has
been given, by publication or otherwise, as the court
deems proper; nor if the assets in the hands of the
executor or administrator will thereby be reduced
so as to prevent a creditor from receiving his full
debt or diminish his dividend.

There should be no controversy involving real

property or interest therein.

Section 9. When court may authorize conveyance of

lands which deceased held in trust. — Where the
deceased in his lifetime held real property in trust
for another person, the court may after notice given
as required in the last preceding section, authorize
the executor or administrator to deed such property
to the person, or his executor or administrator, for
whose use and benefit it was so held; and the court
may order the execution of such trust, whether
created by deed or by law.

Necessary that notice be given to all persons

interested in the estate prior to the authorization to
deed the property held in trust by the decedent to
the person entitled to the same.

50 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 90 payment of all debts and
Distribution and partition of the estate expenses
o Declaration of heirs
Section 1. When order for distribution of reside ▪ Undertaken to determine to
made. - When the debts, funeral charges, and whom the residue of the
expenses of administration, the allowance to the estate should be distributed
widow, and inheritance tax, if any, chargeable to the ▪ Made in the same proceeding
estate in accordance with law, have been paid, the • Separate proceeding
court, on the application of the executor or is not the proper
administrator, or of a person interested in the recourse
estate, and after hearing upon notice, shall assign
the residue of the estate to the persons entitled to Project of partition
the same, naming them and the proportions, or - In a petition for settlement of estate
parts, to which each is entitled, and such persons o A project of partition is usually
may demand and recover their respective shares prepared and presented to the court
from the executor or administrator, or any other - A proposal for distribution of the hereditary
person having the same in his possession. If there is estimates and determines the persons
a controversy before the court as to who are the entitled thereto
lawful heirs of the deceased person or as the
distributive shares to which each person is entitled Advance distribution of the estate
under the law, the controversy shall be heard and - An heir of the deceased may sell his
decided as in ordinary cases. undivided or ideal share during the
pendency of the estate proceedings without
No distribution shall be allowed until the payment the prior approval of the probate court, he
of the obligations above mentioned has been made being the co-owner with other heir of the
or provided for, unless the distributees, or any of estate.
them, give a bond, in a sum to be fixed by the court,
conditioned for the payment of said obligations Remedy of heir entitled to residue but not given his
within such time as the court directs. share
- An heir entitled to the residue of the estate
Effect of final decree of distribution may demand his share through
- Vests the title to the land of the estate t the o A motion in the same probate or
distributes administration proceeding
- If the decree is erroneous o A motion to reopen the settlement
o It should be corrected by opportune proceedings if it had already been
appeal for once it becomes final, its closed
binding effect is like any other
judgement in rem, unless the Remedy for preterited heir
property set aside for lack of - Intestate proceedings which is closed and
jurisdiction and the same has terminated may be opened within the
become final, the validity or invalidity prescriptive period upon petition of a
of the project of partition becomes preterited heir
irrelevant - Prescriptive period
o 10 years
Liquidation
- Requisites before distribution of the estate
o Liquidation
▪ Refers to the determination
of all assets of the estate and

51 SpecPro | Atty. Yulo | Lacaba | 2023

Instances when the court may issue a writ of
execution
- General rule
o Probate court cannot issue a writ of
execution
- Exception
o To satisfy the contributive shares of
the devisee/legatee/heirs when the
latter had entered prior possession
over the estate
o To enforce the expenses of partition
o To satisfy the costs when a person is
citied for examination in probate
proceedings

Section 2. Questions as to advancement to be

determined. — Questions as to advancement made,
or alleged to have been made, by the deceased to
any heir may be heard and determined by the court
having jurisdiction of the estate proceedings; and
the final order of the court thereon shall be binding
on the person raising the questions and

Section 3. By whom expenses of partition paid. — If

at the time of distribution the executor or
administrator has retained sufficient effects in his
hands which may lawfully be applied for the
expenses of partition of the properties distributed,
such expenses of partition may be paid by such
executor or administrator when it appears equitable
to the court and not inconsistent with the intention
of the testator; otherwise, they shall, be paid by the
parties in proportion to their respective shares or
interest in the premises, and the apportionment
shall be settled and allowed by the court, and, if any
person interested in the partition does not pay his
proportion or share, the court may issue an
execution in the name of the executor or
administrator against the party not paying the sum
assessed.

Section 4. Recording the order of partition of estate.

— Certified copies of final orders and judgments of
the court relating to the real estate or the partition
thereof shall be recorded in the registry of deeds of
the province where the property is situated

52 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 91 the distribution of the properties to be
Eascheats instituted.

Section 1. When an by whom petition filed. — When Section 2. Order for hearing. - If the petition is
a person dies intestate, seized of real property in the sufficient in form and substance, the court, by an
Philippines, leaving no heir or person by law entitled order reciting the purpose of the petition, shall fix a
to the same, the Solicitor General or his date and place for the hearing thereof, which date
representative in behalf of the Republic of the shall be not more than six (6) months after the entry
Philippines, may file a petition in the Court of First of the order, and shall direct that a copy of the order
Instance of the province where the deceased last be published before the hearing at least once a week
resided or in which he had estate, if he resided out for six (6) successive weeks in some newspaper of
of the Philippines, setting forth the facts, and general circulation published in the province, as the
praying that the estate of the deceased be declared court shall be deem best.
escheated.
Notice and publication
Nature of escheat proceedings - Court must fix a date and place for the
- A proceeding whereby the state by virtue of hearing of the petition
its sovereignty, steps in and claims the real - Date of hearing should not be more than 6
or personal property of a person who dies months after the entry of order
intestate leaving no heir. - Order must be published at least once a
- Rests on the principle of ultimate ownership week for 6 consecutive weeks in newspaper
by the state of all property within its of general circulation in the province
jurisdiction o Publication is a jurisdictional
requisite, noncompliance with which
Requisites for filing of petition affects the validity of the proceeding
- A person died intestate
- He left no heirs or persons entitled by law to Section 3. Hearing and judgment. — Upon
the same satisfactory proof in open court on the date fixed in
- The deceased left properties the order that such order has been published as
directed and that the person died intestate, seized
Kinds of escheat of real or personal property in the Philippines,
- Petition may be filed when a person dies leaving no heir or person entitled to the same, and
intestate with real properties within the no sufficient cause being shown to the contrary, the
Philippines leaving no heir court shall adjudge that the estate of the estate of
- Petition for reversion of property alienated the deceased in the Philippines, after the payment
in violation of the constitution or statute of just debts and charges, shall escheat; and shall,
- Unclaimed balances in banks is also subject pursuant to law, assign the personal estate to the
of escheat proceedings municipality or city where he last resided in the
Philippines, and the real estate to the municipalities
Who may oppose petition or cities, respectively, in which the same is situated.
- Any person alleged to have a direct right or If the deceased never resided in the Philippines, the
interest in the property sought to be whole estate may be assigned to the respective
escheated municipalities or cities where the same is located.
Shall estate shall be for the benefit of public schools,
Escheat proceedings and public charitable institutions and centers in said
- Cannot be converted into settlement of municipalities or cities.
estate
- Jurisdiction of the court in an escheat The court, at the instance of an interested party, or
proceeding cannot be converted into one for on its own motion, may order the establishment of

53 SpecPro | Atty. Yulo | Lacaba | 2023

a permanent trust, so that the only income from the Declaration that a person is presumptively dead in
property shall be used. escheat
- May the court declare an absentee
Judgement in escheat proceedings presumptively dead in connection with an
- When rendered by a court of competent action for settlement of the intestate estate
jurisdiction, is conclusive against all persons of the absentee?
with actual or constructive notice, but not o Yes. While a petition instituted for
against those who are not parties or privies the sole purpose of securing a judicial
thereto declaration that a person is
- Before a court can render such judgement presumptively dead cannot be
o It must be proved that entertained if that were the only
▪ The order has been published question or matter involved in the
as directed case, the courts are not barred from
▪ Person died intestate with declaring an absentee presumptively
real or personal properties in dead as an incident of, or in
the Philippines living no heir connection with, an action or
proceeding for the settlement of the
Distribution of properties if decedent was a resident intestate estate of such absentee.
of the Philippines
- Personal property Section 4. When and by whom claim to estate filed.
o Municipality or city where he last — If a devisee, legatee, heir, widow, widower, or
resided in the Philippines other person entitled to such estate appears and
- Real property files a claim thereto with the court within five (5)
o Municipalities or cities in which the years from the date of such judgment, such person
property is situated shall have possession of and title to the same, or if
- Decedent never resided in the Philippines sold, the municipality or city shall be accountable to
o Respective municipalities or cities him for the proceeds after deducting reasonakie
where the properties are located charges for the care of the estate; but a claim not
made within the said time shall be forever barred.
When proceedings will not prosper
- If properties left by a deceased person has a Period for filing claim to estate
heir - 5 years from date of such judgement in
- Rule 91 does not cover properties taken escheat proceedings
from enemy nationals as a result of world
war 2 and required to be transferred to the Lack of jurisdiction of escheat court
RP by the US in accordance with its own - In absence of jurisdiction to order an escheat
enactment commonly known as the due to non-compliance with jurisdictional
Philippine property act of 1946 requirements, the court has no jurisdiction
to grant the remedy enabling the devisee,
Waiver of right to escheat legatee, heir, widow, widower or other
- Right to escheat may be waived expressly or person entitled to the estate to appear
impliedly within a specific period from the date of the
- Right to escheat claimed by the municipality decree of escheat and file a claim to the
has existed long prior to the registration estate
proceedings instituted and the same has not
been asserted in said proceedings, it is Section 5. Other actions for escheat. — Until
deemed to have been completely waived otherwise provided by law, actions reversion or
escheat of properties alienated in violation of the
Constitution or of any statute shall be governed by

54 SpecPro | Atty. Yulo | Lacaba | 2023

this rule, except that the action shall be instituted in
the province where the land lies in whole or in part.

Escheat and reversion

- Have the same effects but different
procedures

Constitutional basis
- Based on section 7 article 12 of the
constitution

Idle agricultural land

- may be subject to reversion proceedings

Escheat of unclaimed balances

- unclaimed balances include
o credits
o deposits of money
o bullion
o security
o other evidence of indebtedness of
any kind
o interests thereon with banks in favor
of any person unheard from for a
period of 10 years of more, together
with the interest and proceedings
thereof.
o

Parties
- action to recover unclaimed balances shall
be commenced by the solgen in an action for
escheat in the name of the people of the
Philippines in the RTC of the province where
the bank is located in which shall be joined
as parties the bank and such creditors or
depositors

multiple actions allowed

55 SpecPro | Atty. Yulo | Lacaba | 2023

 Rule 102 - Directed to the person detaining another or
Habeas Corpus to an officer
- Only in the absence of exceptional
Section 1. To what habeas corpus extends. — Except circumstances
as otherwise expressly provided by law, the writ of
habeas corpus shall extend to all cases of illegal Restraint
confinement or detention by which any person is - Must be actual and effective
deprived of his liberty, or by which the rightful - Not necessarily physical but any restraint
custody of any person is withheld from the person which would prejudice freedom of action is
entitled thereto. sufficient
- Shal not issue if the restraint is voluntary
Habeas corpus except for a minor
- Extends to all cases of illegal detention
- Such confinement or detention involves Availability of the writ
either of 2 things - Writ may issue even if another remedy ,
o Deprivation of liberty which is less effective may be availed of by
o Rightful custody of any person is the defendant.
withheld from the person entitled - Writ may be granted upon a judgment
thereto already final
- Assertion that a person is illegally confined
Purpose or detained in general may involve
- To determine whether or not a particular o A violation of the accused’s
person is legally held constitutional rights
- Devised and exists as a speedy and effectual o Court trying the case has jurisdiction
remedy to relieve a person from unlawful o Penalty imposed is excessive or
restraint beyond what the court could legally
- The best and only sufficient defense of impose
personal freedom - Remedy is only available when there is
unlawful deprivation of liberty
Nature - Not available to persons not actually
- Proceedings in habeas corpus are separate restrained of his liberty
and distinct from the main case which the
proceedings springs. Grounds
- Rarely touch on the merits of the case and - Person continues to be illegally denied of
require no pronouncement with respect one or more of his constitutional freedoms
thereto - There is denial of due process
- Deals simply with the detention of the - Restraints are not merely involuntary but are
prisoner and stop with the authority by unnecessary
virtue of which he is detained - A deprivation of freedom originally valid has
- Palladium of liberty become arbitrary
- Writ of inquiry not a writ of error - Court has no jurisdiction to impose the
- Summary remedy sentence
- Writ of right but a matter of discretion - an excessive penalty has been imposed
- Special proceeding - legal custody has been withheld
- In rem
- Civil proceeding in character Section 2. Who may grant the writ. — The writ of
- For the benefit of the person being habeas corpus may be granted by the Supreme
restrained illegally Court, or any member thereof in the instances
authorized by law, and if so, granted it shall be

56 SpecPro | Atty. Yulo | Lacaba | 2023

enforceable anywhere in the Philippines, and may to be restrained of his liberty is in the custody of an
be made returnable before the court or any member officer under process issued by a court or judge or
thereof, or before a Court of First Instance, or any by virtue of a judgment or order of a court of record,
judge thereof for the hearing and decision on the and that the court or judge had jurisdiction to issue
merits. It may also be granted by a Court of First the process, render the judgment, or make
Instance, or a judge thereof, on any day and at any discharged by reason of any informality or defect in
time, and returnable before himself, enforceable the process, judgment, or order. Not shall anything
only within his judicial district. in this rule person suffering imprisonment under
lawful judgment.
Court When petition Enforceability
may be filed Writ shall not be allowed when person alleged to be
SC or any On any day at Anywhere in restrained of his liberty is in the custody of an officer
justice thereof any time the Philippines - Under process issued by the court or judge
CA or any Instances Anywhere in - By virtue of a judgment or order of a court of
justice thereof authorized by the Philippines record
law - The court or judge had jurisdiction to issue
RTC or any On any day at Only within the process, render the judgement or make
judge thereof any time the courts the order
jurisdictional
district Discharge of the writ shall not be authorized upon
showing that a person is
- Charged with
Section 3. Requisites of application therefor. — - Convicted of an offense
Application for the writ shall be by petition signed - Suffering imprisonment under lawful
and verified either by the party for whose relief it is judgement
intended, or by some person on his behalf, and shall
set forth: Writ cannot be issued once a person is charged with
(a) That the person in whose behalf the a criminal offense
application is made is imprisoned or - Habeas corpus has once objective
restrained on his liberty; o To inquire into the cause of the
(b) The officer or name of the person by whom detention of a person and if found to
he is so imprisoned or restrained; or, if both be illegal, the court orders the
are unknown or uncertain, such officer or release of the detainee
person may be described by an assumed - If however the detention is proven lawfully
appellation, and the person who is served o Then the habeas corpus proceedings
with the writ shall be deemed the person shall be terminated
intended;
(c) The place where he is so imprisoned or Restrictive custody
restrained, if known; - Beyond the ambit of habeas corpus
(d) A copy of the commitment or cause of - Nominal restraint which is beyond the reach
detention of such person, if it can be of a writ of habeas corpus
procured without impairing the efficiency of - It is neither actual or effective restraint that
the remedy; or, if the imprisonment or would call for the grant of the remedy
restraint is without any legal authority, such prayed for
fact shall appear.
Effect of filing of charges in court
Section 4. When writ not allowed or discharge - If a person is alleged to be restrained of his
authorized. — If it appears that the person alleged liberty is in custody of an officer under
process issued by the court or judge or by

57 SpecPro | Atty. Yulo | Lacaba | 2023

 virtue of a judgment or order of a court ▪ Respondent must produce
record, the writ is not allowed. the person and explain the
- Release cause of his detention
o Whether temporary or permanent of - Writ of preliminary citation
a detained person renders the o Requires the respondent to appear
petition moot and academic and show cause why the peremptory
writ should not be granted
Section 5. When the writ must be granted and
issued. — A court or judge authorized to grant the Section 7. How prisoner designated and writ served.
writ must, when a petition therefor is presented and — The person to be produced should be designated
it appears that the writ ought to issue, grant the in the writ by his name, if known, but if his name is
same forthwith, and immediately thereupon the not known he may be otherwise described or
clerk of the court shall issue the writ under the seal identified. The writ may be served in any province
of the court; or in case of emergency, the judge may by the sheriff or other proper officer; or by a person
issue the writ under his own hand, and may depute deputed by the court or judge. Service of the writ
any officer or person to serve it. shall be made by leaving the original with the person
- In order to justify the grant of the writ, the to whom it is directed and preserving a copy on
restraint must be in the nature of an illegal which to make return or service. If that person
and voluntary deprivation of freedom of cannot be found, or has not the prisoner in his
action custody, then the service shall be made on any other
person having or
Section 6. To whom writ directed, and what to exercising such custody.
require. - In case of imprisonment or restraint by an
officer, the writ shall be directed to him, and shall Section 8. How writ executed and returned. — The
command him to have the body of the person officer to whom the writ is directed shall convey the
restrained of his liberty before the court or judge person so imprisoned or restrained, and named in
designated in the writ at the time and place therein the writ, before the judge allowing the writ, or in
specified. In case of imprisonment or restraint by a case of his absence or disability, before some other
person not an officer, the writ shall be directed to an judge of the same court, on the day specified in the
officer, and shall command him to take and have the writ, unless, from sickness or infirmity of the person
body of the person restrained of his liberty before directed to be produced, such person cannot,
the court or judge designated in the writ at the time without danger, be bought before the court or
and place therein specified, and to summon the judge; and the officer shall make due return of the
person by whom he is restrained then and there to writ, together with the day and the cause of the
appear before said court or judge to show the cause caption and restraint of such person according to
of the imprisonment or restraint. the command thereof.

Peremptory writ of habeas corpus versus writ of Section 9. Defect of form. — No writ of habeas
preliminary citation corpus can be disobeyed for defect of form, if it
- Peremptory writ of habeas corpus sufficiently appears therefrom in whose custody or
o Is a written document under whose restraint the party imprisoned or
unconditionally commanding the restrained is held and the court or judge before
respondent to have the body of the whom he is to be bought.
detained person before the court at
a time and place specified therein Section 10. Contents of return. — When the person
o The order to present and individual to be produced is imprisoned or restrained by an
before the court is a preliminary step officer, the person who makes the return shall state
in the hearing of the petition therein, and in other cases the person in whose
custody the prisoner is found shall state, in writing

58 SpecPro | Atty. Yulo | Lacaba | 2023

to the court or judge before whom the writ is writ, order, execution or other
returnable, plainly and unequivocally: processes upon which the party is
(a) Whether he has or has not the party in his held
custody or power, or under restraint; - If the party is not produced
(b) If he has the party in his custody or power, o The nature and gravity of sickness or
or under restraint, the authority and the true infirmity
and whole cause thereof, set forth at large, - If the party was in his custody and has
with a copy of the writ, order execution, or transferred such custody or restraint to
other process, if any, upon which the party is another
held; o To whom, at what time, for what
(c) If the party is in his custody or power or is cause and by what authority such
restrained by him, and is not produced, transfer was made.
particularly the nature and gravity of the
sickness or infirmity of such party by reason When not applicable
of which he cannot, without danger, be - Not proper for asserting or vindicating the
bought before the court or judge; denial of the right to bail
(d) If he has had the party in his custody or
power, or under restraint, and has Section 11. Return to be signed and sworn to. — The
transferred such custody or restraint to return or statement shall be signed by the person
another, particularly to whom, at what time, who makes it; and shall also be sworn by him if the
for what cause, and by what authority such prisoner is not produced, and in all other cases
transfer was made. unless the return is made and signed by a sworn
public officer in his official capacity.
Contents of the petition
- Petition must be signed and verified Section 12. Hearing on return. Adjournments. -
- Petition must contain When the writ is returned before one judge, at a
o That the person in whose behalf the time when the court is in session, he may forthwith
application is made is imprisoned or adjourn the case into the court, there to be heard
restrained of his liberty and determined. The court or judge before whom
o The officer or name of the person by the writ is returned or adjourned must immediately
whom he is so imprisoned or proceed to hear and examine the return, and such
restrained other matters as are properly submitted for
o The place where he is so imprisoned consideration, unless for good cause shown the
or restrained, if known hearing is adjourned, in which event the court or
o Copy of the commitment or cause of judge shall make such order for the safekeeping of
detention of such person, if it can be the person imprisoned or restrained as the nature of
procured without any legal authority, the case requires. If the person imprisoned or
such fact shall appear restrained is not produced because of his alleged
- Petition may be filed either by the party for sickness or infirmity, the court or judge must be
whose relief it is intended or some other satisfied that it is so grave that such person cannot
person on his behalf be produced without danger, before proceeding to
hear and dispose of the matter. On the hearing the
Contents of return court or judge shall disregard matters of form and
- Whether he has or has not the party in his technicalities in respect to any warrant or order of
custody or power or under restraint commitment of a court or officer authorized to
- If the party in his custody or power or under commit by law.
restraint
o The authority and the true and whole Section 13. When the return evidence, and when
cause thereof, with a copy of the only a plea. — If it appears that the prisoner is in

59 SpecPro | Atty. Yulo | Lacaba | 2023

custody under a warrant of commitment in on the officer or person detaining the prisoner. If the
pursuance of law, the return shall be considered officer or person detaining the prisoner does not
prima facie evidence of the cause of restraint, but if desire
he is restrained of his liberty by any alleged private
authority, the return shall be considered only as a Grant of writ
plea of the facts therein set forth, and the party - Proper court may grant the writ and the
claiming the custody must prove such facts. prisoner shall be forthwith released when it
is satisfied that the officer or person
Section 14. When person lawfully imprisoned detaining the prisoner does not desire to
recommitted, and when let to bail. - If it appears that appeal.
the prisoner was lawfully committed, and is plainly
and specifically charged in the warrant of Appeals in habeas corpus
commitment with an offense punishable by death, - Must be made within 48 hours from notice
he shall not be released, discharged, or bailed. If he of judgement
is lawfully imprisoner restrained on a charge of
having committed an offense not so punishable, he Section 16. Penalty for refusing to issue writ, or for
may be recommitted to imprisonment or admitted disobeying the same. — A clerk of a court who
to bail in the discretion of the court or judge. If he refuses to issue the writ after allowance thereof and
be admitted to bail, he shall forthwith file a bond in demand therefor, or a person to whom a writ is
such sum as the court or judge deems reasonable, directed, who neglects or refuses to obey or make
considering the circumstances of the prisoner and return of the same according to the command
the nature of the offense charged, conditioned for thereof, or makes false return thereof, or who, upon
his appearance before the court where the offense demand made by or on behalf of the prisoner,
is properly cognizable to abide its order of refuses to deliver to the person demanding, within
judgment; and the court or judge shall certify the six (6) hours after the demand therefor, a true copy
proceedings, together with the bond, forthwith to of the warrant or order of commitment, shall forfeit
the proper court. If such bond is not so filed, the to the party aggrieved the sum of one thousand
prisoner shall be recommitted to confinement. pesos, to be recorded in a proper action, and may
also be punished by the court or judge as for
Person shall not be released, discharged or bailed in contempt.
the following
- It appears that the prisoner is lawfully
committed Acts that may be penalized with forfeiture or
- It appears that the prisoner is plainly and contempt
specifically charged in the warrant of - Refusal of the clerk of court to issue the writ
commitment with an offense punishable by after allowance thereof and demand
death therefor
- Neglect or refusal to obey or make return of
Right to bail the same according to the command thereof
- Non-existent when the applicant is serving a - Making a false return
sentence by final judgement - Refusal of the person to whom the writ is
directed upon demand made by or on behalf
Section 15. When prisoner discharged if no appeal. - of the prisoner to deliver to the person
When the court or judge has examined into the demanding within 6 hours after the demand
cause of caption and restraint of the prisoner, and is therefor, a true copy of the warrant or order
satisfied that he is unlawfully imprisoned or of commitment
restrained, he shall forthwith order his discharge
from confinement, but such discharge shall not be Section 17. Person discharged not to be again
effective until a copy of the order has been served imprisoned. — A person who is set at liberty upon a

60 SpecPro | Atty. Yulo | Lacaba | 2023

writ of habeas corpus shall not be again imprisoned Person committed to prison or in custody of an
for the same offense unless by the lawful order or officer cannot be removed therefrom or custody
process of a court having jurisdiction of the cause or transferred to another except when
offense; and a person who knowingly, contrary to - By legal process
the provisions of this rule, recommits or imprisons, - Prisoner is delivered to an officer to carry to
or causes to be committed or imprisoned, for the jail
same offense, or pretended offense, any person so - Order of the proper court or judge for the
set at liberty, or knowingly aids or assists therein, transfer from one place to another within
shall forfeit to the party aggrieved the sum of one the Philippines for trial
thousand pesos, to be recovered in a proper action, - In case of fire, epidemic, insurrection or
notwithstanding any colorable pretense or variation other necessity or public calamity
in the warrant of commitment, and may also be
punished by the court or judge granting the writ as Section 19. Record of writ, fees and costs. — The
for contempt. proceedings upon a writ of habeas corpus shall be
recorded by the clerk of the court, and upon the
General rule final disposition of such proceedings the court or
- Once a person is released upon such writ he judge shall make such order as to costs as the case
cannot be again imprisoned for the same requires. The fees of officers and witnesses shall be
offense included in the costs taxed, but no officer or person
Exception shall have the right to demand payment in advance
- When the court having jurisdiction of the of any fees to which he is entitled by virtue of the
cause or offense orders his recommitment proceedings. When a person confined under color of
proceedings in a criminal case is discharged, the
Punishable acts with forfeiture or contempt costs shall be taxed against the Republic of the
- Knowingly, contrary to the provisions of this Philippines, and paid out of its Treasury; when a
rule, recommits or imprisons or causes to be person in custody by virtue or under color of
committed or imprisoned for the same proceedings in a civil case is discharged, the costs
offense, or pretend offense any person so shall be taxed against him, or against the person
set at liberty who signed the application for the writ, or both, as
- Knowingly aids or assists therein the court shall direct.

Section 18. When prisoner may be removed from

one custody to another. — A person committed to
prison, or in custody of an officer, for any criminal Habeas corpus as a post-conviction remedy
matter, shall not be removed therefrom into the - Writ applies to all cases of illegal detention
custody of another unless by legal process, or the or confinement in which individuals are
prisoner be delivered to an inferior officer to carry deprived of liberty
to jail, or, by order of the proper court or judge, be - Writ may not be availed when the person in
removed from one place to another within the custody is under the judicial process or by
Philippines for trial, or in case of fire epidemic, virtue of a valid judgement
insurrection, or other necessity or public calamity; - As a post-conviction remedy
and a person who, after such commitment, makes o May be allowed when as a
signs, or counter-signs any order for such removal consequence of a judicial
contrary to this section, shall forfeit to the party proceeding, any of the following
aggrieved the sum of one thousand pesos, to be exceptional circumstances is
recovered in a proper action. attendant
▪ There has been deprivation of
a constitutional right

61 SpecPro | Atty. Yulo | Lacaba | 2023

 resulting in the restraint of a
person
▪ The court had no jurisdiction
to impose the sentence
▪ The imposed penalty has
been excessive, thus voiding
the sentence as to such
excess
- Writ of HC is the appropriate remedy to
inquire into questions of violations of the
petitioners constitutional rights and that this
court has jurisdiction to entertain this review

Writ of habeas corpus may issue when

constitutional rights are violated
- WHC is the exceptional remedy to release a
person whose liberty is illegally restrained
such as when the constitutional rights of the
accused are disregarded.

Retroactive effect of favorable law

- When the decision is final, the appropriate
remedy of an accused to secure release from
prison in view of the retroactive effect of a
favorable law is to file a petition for habeas
corpus

Habeas corpus and certiorari

- Both may be ancillary to each other where
necessary to give effect to the supervisory
powers of the higher courts.

Habeas corpus Certiorari

Reaches the body and Reaches the records
the jurisdictional but not the body and
matters, but not the jurisdictional matters.
records
- WHC does not lie where the petitioner has
the remedy of appeal or certiorari because it
will not be permitted to perform the
functions of a writ of error or appeal for the
purpose of reviewing mere errors or
irregularities in the proceedings of a court
having jurisdiction over the person and the
subject matter

62 SpecPro | Atty. Yulo | Lacaba | 2023

 A.M. No. 07-9-12-SC legal safeguards or judicial
Rule on the writ of Amparo proceedings
- Enforced disappearances
SECTION 1. Petition. - The petition for a writ of o An arrest, detention or abduction of
amparo is a remedy available to any person whose a person by a government official or
right to life, liberty and security is violated or organized groups or private
threatened with violation by an unlawful act or individuals acting with the direct or
omission of a public official or employee, or of a indirect acquiescence of the
private individual or entity. government
o Refusal of the state to disclose the
The writ shall cover extralegal killings and enforced fate or whereabouts of the person
disappearances or threats thereof. concerned or a refusal to
acknowledge the deprivation of
Applies only to violation or threat to a persons liberty which places such persons
- Life outside the protection of law
- Liberty - Threats thereof
- Security
Government involvement an indispensable
Nature of writ of amparo requirement
- An equitable and extraordinary remedy to - Allegation and proof that the persons
safeguard the right of people to life, liberty subject thereof are missing are not enough
and security o It must be shown and proved by
- Issued as an exercise of the SCs power to substantial evidence that the
promulgate rules concerning the protection disappearance was carried out by or
and enforcement of constitutional rights with the authorization, support or
acquiescence of the state or political
Preventive and curative organizations, followed by a refusal
- WA serves both preventive and curative to acknowledge the same or give
roles in addressing the problem of information on the fate or
extrajudicial killings and enforced whereabouts of said missing person
disappearances. with the intention of removing them
- Preventive from the protection of law for a
o Breaks the expectation of impunity in prolonged period of time.
the commission of these offenses
- Curative If there is no government participation
o It facilitates the subsequent - Writ of amparo is the improper remedy
punishment of perpetrators by
inevitably leading to subsequent Does not protect property or commercial rights
investigation and action - The threat of demolition of a dwelling by
o An acknowledgement that the virtue of a final judgement of the court which
violation of the right to life, liberty in this case was affirmed with finality, is not
and security may be caused not only included among the enumerations of rights
by a public official’s act but also by his in section 1 of the rules on the writ of
submission. amparo.

Coverage of a writ of amparo Does not protect right to travel

- Extralegal killings - Restriction on the right to travel as a
o Killings committed without due consequence of the pendency of a criminal
process of law meaning without the case filed against him was not unlawful.

63 SpecPro | Atty. Yulo | Lacaba | 2023

Remedy should be resorted to and granted petition by an authorized party on behalf of the
judiciously aggrieved party suspends the right of all others,
- WOA is an extraordinary remedy observing the order established herein.
conceptualized and adopted in light of and in
response to the prevalence of extra-judicial SEC. 3. Where to File. - The petition may be filed on
killings and enforced disappearances. any day and at any time with the Regional Trial Court
- The remedy should be resorted to and of the place where the threat, act or omission was
granted judiciously, lest the ideal sought by committed or any of its elements occurred, or with
the amparo rule be diluted and undermined the Sandiganbayan, the Court of Appeals, the
by the indiscriminate filing of amparo Supreme Court, or any justice of such courts. The
petitions for purposes less than the desire to writ shall be enforceable anywhere in the
secure amparo reliefs Philippines.

Writ of amparo cannot be issued When issued by a Regional Trial Court or any judge
- Where alleged threat to life, liberty and thereof, the writ shall be returnable before such
security no longer exist court or judge.

Writ of amparo When issued by the Sandiganbayan or the Court of

- Not a proper remedy in obtaining the Appeals or any of their justices, it may be returnable
custody of a minor child before such court or any justice thereof, or to any
Regional Trial Court of the place where the threat,
Writ of amparo different from search warrant act or omission was committed or any of its
- Production order under WOA should not be elements occurred.
confused with a search warrant or law
enforcement under article 3 section 2 of the When issued by the Supreme Court or any of its
constitution justices, it may be returnable before such Court or
- Production order under WOA may be limited any justice thereof, or before the Sandiganbayan or
to the production of documents or things the Court of Appeals or any of their justices, or to
under section 1 rule 27 of the rules of court any Regional Trial Court of the place where the
threat, act or omission was committed or any of its
SEC. 2. Who May File. - The petition may be filed by elements occurred.
the aggrieved party or by any qualified person or
entity in the following order: SEC. 4. No Docket Fees. - The petitioner shall be
(a) Any member of the immediate family, exempted from the payment of the docket and
namely: the spouse, children and parents of other lawful fees when filing the petition. The court,
the aggrieved party; justice or judge shall docket the petition and act
(b) Any ascendant, descendant or collateral upon it immediately.
relative of the aggrieved party within the
fourth civil degree of consanguinity or SEC. 5. Contents of Petition. - The petition shall be
affinity, in default of those mentioned in the signed and verified and shall allege the following:
preceding paragraph; or (a) The personal circumstances of the
(c) Any concerned citizen, organization, petitioner;
association or institution, if there is no (b) The name and personal circumstances of the
known member of the immediate family or respondent responsible for the threat, act or
relative of the aggrieved party. omission, or, if the name is unknown or
uncertain, the respondent may be described
The filing of a petition by the aggrieved party by an assumed appellation;
suspends the right of all other authorized parties to (c) The right to life, liberty and security of the
file similar petitions. Likewise, the filing of the aggrieved party violated or threatened with

64 SpecPro | Atty. Yulo | Lacaba | 2023

 violation by an unlawful act or omission of under the threat or the acts complained of
the respondent, and how such threat or are not unlawful.
violation is committed with the attendant - Issuance of the writ
circumstances detailed in supporting o Sets in motion presumptive judicial
affidavits; protection for the petitioner
(d) The investigation conducted, if any, o Court compels the respondent to
specifying the names, personal appear before the court to show
circumstances, and addresses of the whether or not the grounds for more
investigating authority or individuals, as well permanent protection and interim
as the manner and conduct of the reliefs are necessary
investigation, together with any report;
(e) The actions and recourses taken by the SEC. 7. Penalty for Refusing to Issue or Serve the
petitioner to determine the fate or Writ. - A clerk of court who refuses to issue the writ
whereabouts of the aggrieved party and the after its allowance, or a deputized person who
identity of the person responsible for the refuses to serve the same, shall be punished by the
threat, act or omission; and court, justice or judge for contempt without
(f) The relief prayed for prejudice to other disciplinary actions.

The petition may include a general prayer for other SEC. 8. How the Writ is Served. - The writ shall be
just and equitable reliefs. served upon the respondent by a judicial officer or
by a person deputized by the court, justice or judge
SEC. 6. Issuance of the Writ. - Upon the filing of the who shall retain a copy on which to make a return of
petition, the court, justice or judge shall service. In case the writ cannot be served personally
immediately order the issuance of the writ if on its on the respondent, the rules on substituted service
face it ought to issue. The clerk of court shall issue shall apply.
the writ under the seal of the court; or in case of
urgent necessity, the justice or the judge may issue SEC. 9. Return; Contents. - Within seventy-two (72)
the writ under his or her own hand, and may hours after service of the writ, the respondent shall
deputize any officer or person to serve it. file a verified written return together with
supporting affidavits which shall, among other
The writ shall also set the date and time for things, contain the following:
summary hearing of the petition which shall not be (a) The lawful defenses to show that the
later than seven (7) days from the date of its respondent did not violate or threaten with
issuance. violation the right to life, liberty and security
of the aggrieved party, through any act or
Remedy omission;
- Initiated through a petition filed in a RTC, (b) The steps or actions taken by the respondent
Sandiganbayan, CA or the SC to determine the fate or whereabouts of the
o Judge or justice makes an immediate aggrieved party and the person or persons
evaluation of the facts as alleged in responsible for the threat, act or omission;
the petition and affidavits submitted (c) All relevant information in the possession of
with the attendant circumstances the respondent pertaining to the threat, act
detailed. or omission against the aggrieved party; and
- After evaluation judge or justice has the (d) If the respondent is a public official or
option to issue the writ or immediately employee, the return shall further state the
dismiss the case. actions that have been or will still be taken:
- Dismissal is proper if the petition and the I. to verify the identity of the
supporting affidavits do not show that the aggrieved party;
petitioner’s right to life, liberty or security is

65 SpecPro | Atty. Yulo | Lacaba | 2023

 II. to recover and preserve evidence
related to the death or SEC. 12. Effect of Failure to File Return. — In case the
disappearance of the person respondent fails to file a return, the court, justice or
identified in the. petition which judge shall proceed to hear the petition ex parte.
may aid in the prosecution of the
person or persons responsible; SEC. 13. Summary Hearing. - The hearing on the
III. to identify witnesses and obtain petition shall be summary. However, the court,
statements from them justice or judge may call for a preliminary
concerning the death or conference to simplify the issues and determine the
disappearance; possibility of obtaining stipulations and admissions
IV. to determine the cause, manner, from the parties. The hearing shall be from day to
location and time of death or day until completed and given the same priority as
disappearance as well as any petitions for habeas corpus.
pattern or practice that may have
brought about the death or SEC. 14. Interim Reliefs. — Upon filing of the petition
disappearance; or at any time before final judgment, the court,
V. to identify and apprehend the justice or judge may grant any of the following
person or persons involved in the reliefs:
death or disappearance; and (a) Temporary Protection Order. - The court,
VI. to bring the suspected offenders justice or judge, upon motion or motu
beforeya competent court. proprio, may order that the petitioner or the
aggrieved party and any member of the
The return shall also state other matters relevant to immediate family be protected in a
the investigation, its resolution and the prosecution government agency or by an accredited
of the case. A general denial of the allegations in the person or private institution capable of
petition shall not be allowed. keeping and securing their safety. If the
petitioner is an organization, association or
SEC. 10. Defenses not Pleaded Deemed Waived. — institution referred to in Section 3(c) of this
All defenses shall be raised in the return, otherwise, Rule, the protection may be extended to the
they shall be deemed waived. officers involved.
The Supreme Court shall accredit the
SEC. 11. Prohibited Pleadings and Motions. - The persons and private institutions that shall
following pleadings and motions are prohibited: extend temporary protection to the
(a) Motion to dismiss; petitioner or the aggrieved party and any
(b) Motion for extension of time to file return, member of the immediate family, in
opposition, affidavit, position paper and accordance with guidelines which it shall
other pleadings; issue.
(c) Dilatory motion for postponement; The accredited persons and private
(d) Motion for a bill of particulars; institutions shall comply with the rules and
(e) Counterclaim or cross-claim; conditions that may be imposed by the
(f) Third-party complaint; court, justice or judge.
(g) Reply; (b) Inspection Order. — The court, justice or
(h) Motion to declare respondent in default; judge, upon verified motion and after due
(i) Intervention; hearing, may order any person in possession
(j) Memorandum; or control of a designated land or other
(k) Motion for reconsideration of interlocutory property, to permit entry for the purpose of
orders or interim relief orders; and inspecting, measuring, surveying, or
(l) Petition for certiorari, mandamus or photographing the property or any relevant
prohibition against any interlocutory order object or operation thereon.

66 SpecPro | Atty. Yulo | Lacaba | 2023

 The motion shall state in detail the place or Witness Protection, Security and Benefit
places to be inspected. It shall be supported Program, pursuant to Republic Act No. 6981.
by affidavits or testimonies of witnesses The court, justice or judge may also refer the
having personal knowledge of the enforced witnesses to other government agencies, or
disappearance or whereabouts of the to accredited persons or private institutions
aggrieved party. capable of keeping and securing their safety.
If the motion is opposed on the ground of
national security or of the privileged nature Inspection order
of the information, the court, justice or judge - Interim relief designed to give support or
may conduct a hearing in chambers to strengthen the claim of a petition in an
determine the merit of the opposition. amparo petition, in order to aid the court
The movant must show that the inspection before making a decision
order is necessary to establish the right of - Basic requirement amparo court may grant
the aggrieved party alleged to be threatened an inspection order that the place to be
or violated. The inspection order shall inspected is reasonable determinable from
specify the person or persons authorized to the allegations of the party seeking the order
make the inspection and the date, time,
place and manner of making the inspection SEC. 15. Availability of Interim Reliefs to
and may prescribe other conditions to Respondent. - Upon verified motion of the
protect the constitutional rights of all respondent and after due hearing, the court, justice
parties. The order shall expire five (5) days or judge may issue an inspection order or
after the date of its issuance, unless production order under paragraphs (b) and (c) of the
extended for justifiable reasons. preceding section.
(c) Production Order. - The court, justice or
judge, upon verified motion and after due A motion for inspection order under this section
hearing, may order any person in possession, shall be supported by affidavits or testimonies of
custody or control of any designated witnesses having personal knowledge of the
documents, papers, books, accounts, letters, defenses of the respondent.
photographs, objects or tangible things, or
objects in digitized or electronic form, which SEC. 16. Contempt. - The court, justice or judge may
constitute or contain evidence relevant to order the respondent who refuses to make a return,
the petition or the return, to produce and or who makes a false return, or any person who
permit their inspection, copying or otherwise disobeys or resists a lawful process or
photographing by or on behalf of the order of the court to be punished for contempt. The
movant. contemnor may be imprisoned or imposed a fine.
The motion may be opposed on the ground
of national security or of the privileged SEC. 17. Burden of Proof and Standard off Diligence
nature of the information, in which case the Required. - The parties shall establish their claims by
court, justice or judge may conduct a hearing substantial evidence.
in chambers to determine the merit of the
opposition. The respondent who is a private individual or entity
The court, justice or judge shall prescribe must prove that ordinary diligence as required by
other conditions to protect the applicable laws, rules and regulations was observed
constitutional rights of all the parties. in the performance of duty.

(d) Witness Protection Order. - The court, The respondent who is a public official or employee
justice or judge, upon motion or motu must prove that extraordinary diligence as required
proprio, may refer the witnesses to the by applicable laws, rules and regulations was
Department of Justice for admission to the observed in the performance of duty.

67 SpecPro | Atty. Yulo | Lacaba | 2023

 from notice to the petitioner of the order archiving
The respondent public official or employee cannot the case.
invoke the presumption that official duty has been
regularly performed to evade responsibility or The clerks of court shall submit to the Office of the
liability. Court Administrator a consolidated list of archived
cases under this Rule not later than the first week of
Diligence required would depend on the respondent January of every year.
- Private individual or entity
o Ordinary diligence as required by SEC. 21. Institution of Separate Actions. — This Rule
applicable laws, rules and regulation shall not preclude the filing of separate criminal, civil
was observed in the performance of or administrative actions.
duty
- Public official or employee SEC. 22. Effect of Filing of a Criminal Action. - When
o Extraordinary diligence as required a criminal action has been commenced, no separate
by applicable laws, rules and petition for the writ shall be filed. The reliefs under
regulation was observed in the the writ shall be available by motion in the criminal
performance of duty case.

SEC. 18. Judgment. — The court shall render The procedure under this Rule shall govern the
judgment within ten (10) days from the time the disposition of the reliefs available under the writ of
petition is submitted for decision. If the allegations amparo.
in the petition are proven by substantial evidence,
the court shall grant the privilege of the writ and SEC. 23. Consolidation. - When a criminal action is
such reliefs as may be proper and appropriate; filed subsequent to the filing of a petition for the
otherwise, the privilege shall be denied. writ, the latter shall be consolidated with the
criminal action.
SEC. 19. Appeal. - Any party may appeal from the
final judgment or order to the Supreme Court under When a criminal action and a separate civil action
Rule 45. are fild subsequent to a petition for a writ of
The appeal may raise questions of fact or law or amparo, the latter shall be consolidated with the
both. criminal action.
The period of appeal shall be five (5) working days
from the date of notice of the adverse judgment. After consolidation, the procedure under this Rule
The appeal shall be given the same priority as in shall continue to apply to the disposition of the
habeas corpus cases. reliefs in the petition.

SEC. 20. Archiving and Revival of Cases. - The court SEC. 24. Substantive Rights. — This Rule shall not
shall not dismiss the petition, but shall archive it, if diminish, increase or modify substantive rights
upon its determination it cannot proceed for a valid recognized and protected by the Constitution:
cause such as the failure of petitioner or witnesses
to appear due to threats on their lives. SEC. 25. Suppletory Application of the Rules of
Court. - The Rules of Court shall apply suppletorily
A periodic review of the archived cases shall be insofar as it is not inconsistent with this Rule.
made by the amparo court that shall, motu proprio
or upon motion by any party, order their revival SEC. 26. Applicability to Pending Cases. - This Rule
when ready for further proceedings. The petition shall govern cases involving extralegal killings and
shall be dismissed with prejudice upon failure to enforced disappearances or threats thereof pending
prosecute the case after the lapse of two (2) years in the trial and appellate courts.

68 SpecPro | Atty. Yulo | Lacaba | 2023

SEC. 27. Effectivity. - This Rule shall take effect on
October 24, 2007, following its publication in three
(3) newspapers of general circulation.

Whether or not the president may be joined as a

respondent in a petition for a writ of amparo
- Yes. The president cannot be completely or
automatically dropped as a respondent in a
petition for writ of amparo merely on the
basis of presidential immunity
- Doctrine of command responsibility
o To hold the president under this
doctrine
▪ There must be an existence of
superior-subordinate
relationship between the
accused as the superior and
the perpetrator of the crime
as the subordinate
▪ That the superior knew or had
reason to know that the
crime was about to be or had
been committed
▪ Superior failed to take
necessary and reasonable
measures to prevent the
criminal acts or punish the
perpetrators thereof.

Differences in the procedure of prerogative writs

69 SpecPro | Atty. Yulo | Lacaba | 2023

 A.M. No. 08-1-16-SC Right to information privacy
The rule on the writ of Habeas Data - Rights of individuals to control information
about themselves
SECTION 1. Habeas Data. - The writ of habeas data is
a remedy available to any person whose right to Not applicable in property disputes
privacy in life, liberty or security is violated or - Petitions for WHD and WOA are
threatened by an unlawful act or omission of a extraordinary remedies which cannot be
public official or employee, or of a private individual used as tools to stall the execution of a final
or entity engaged in the gathering, collecting or and executory decision in a property dispute.
storing of data or information regarding the person, - Coverage of WHD and WOA is limited to the
family, home and correspondence of the aggrieved protection of rights to life, liberty and
party. security and the writ cover not only actual
but also threats of unlawful acts or moissions
Nature
- Provides a judicial remedy to protect a SEC. 2. Who May File. - Any aggrieved party may file
person’s right to control information a petition for the writ of habeas data. However, in
regarding one’s self, particularly in instances cases of extralegal killings and enforced
where such information is being collected disappearances, the petition may be filed by:
through unlawful means in order to achieve (a) Any member of the immediate family of the
unlawful ends aggrieved party, namely: the spouse,
- Independent summary proceeding children and parents; or
o Does not entail any finding of (b) Any ascendant, descendant or collateral
criminal, civil or administrative relative of the aggrifved party within the
culpability fourth civil degree of consanguinity or
- If the allegations in the petition are proven affinity, in default of those mentioned in the
through substantial evidence, the court may preceding paragraph; or
o Grant access to the database or
information SEC. 3. Where to File. - The petition may be filed with
o Enjoin the act complained the Regional Trial Court where the petitioner or
o In case the database or information respondent resides, or that which has jurisdiction
contains erroneous data or over the place where the data or information is
information, order its deletion, gathered, collected or stored, at the option of the
destruction or rectification petitioner.
- Available to any person whose right to
privacy in law, liberty or security is violated The petition may also be filed with the Supreme
or threatened by unlawful act or omission of Court or the Court of Appeals or the Sandiganbayan
a public official or employee or of a private when the action concerns public data files of
individual or entity engaged in the gathering, government offices.
collecting or storing of data or information
regarding the person, family, home and SEC. 4. Where Returnable; Enforceable. - When the
correspondence of the aggrieved party. writ is issued by a Regional Trial Court or any judge
thereof, it shall be returnable before such court or
Limitation judge.
- The state interest in dismantling private
armed groups outweighed the alleged When issued by the Court of Appeals or the
intrusion of a person’s private life. Sandiganbayan or any of its justices, it may be
returnable before such court or any justice thereof,
or to any Regional Trial Court of the place where the
petitioner or respondent resides, or that which has

70 SpecPro | Atty. Yulo | Lacaba | 2023

jurisdiction over the place where the data or
information is gathered, collected or stored. SEC. 7. Issuance of the Writ. - Upon the filing of the
petition, the court, justice or judge shall
When issued by the Supreme Court or any of its immediately order the issuance of the writ if on its
justices, it may be returnable before such Court or face it ought to issue. The clerk of court shall issue
any justice thereof, or before the Court of Appeals the writ under the seal of the court and cause it to
or the Sandiganbayan or any of its justices, or to any be served within three (3) days from the issuance;
Regional Trial Court of the place where the or, in case of urgent necessity, the justice or judge
petitioner or respondent resides, or that which has may issue the writ under his or her own hand, and
jurisdiction over the place where the data or may deputize any officer or person serve it.
information is gathered, collected or stored.
The writ shall also set the date and time for
The writ of habeas data shall be enforceable summary hearing of the petition which shall not be
anywhere in the Philippines. later than ten (10) work days from the date of its
issuance.
Sec. 5. Docket Fees. - No docket and other lawful
fees shall be required from an indigent petitioner. SEC. 8. Penalty for Refusing to Issue or Serve the
The petition of the indigent shall be docked and Writ. - A clerk of court who refuses to issue the writ
acted upon immediately, without prejudice to after its allowance, or a deputized person who
subsequent submission of proof of indigency not refuses to serve the same, shall be punished by the
later than fifteen (15) days from the filing of the court, justice or judge for contempt without
petition. prejudice to other disciplinary actions

SEC. 6. Petition. - A verified written petition for a writ SEC. 9. How the Writ is Served. - The writ shall be
of habeas data should contain: served upon the respondent by a judicial officer or
(a) The personal circumstances of the petitioner by a person deputized by the court, justice or judge
and the respondent; who shall retain a copy on which to make a return of
(b) The manner the right to privacy is violated or service. In case the writ cannot be served personally
threatened and how it affects the right to on the respondent, the rules on substituted service
life, liberty or security of the aggrieved party shall apply.
(c) The actions and recourses taken by the
petitioner to secure the data or information; SEC. 10. Return; Contents. - The respondent shall file
(d) The location of the files, registers or a verified written return together with supporting
databases, the government office, and the affidavits within five (5) working days from service
person in charge, in possession or in control of the writ, which period may be reasonably
of the data or information, if known; extended by the Court for justifiable reasons. The
(e) The reliefs prayed for, which may include the return shall, among other things, contain the
updating, rectification, suppression or following:
destruction of the database or information (a) The lawful defenses such as national
or files kept by the respondent. In case of security, state secrets, privileged
threats, the relief may include a prayer for an communications, confidentiality of the
order enjoining the act complained of; and source of information of media and others;
(f) Such other relevant reliefs as are just and (b) In case of respondent in charge, in
equitable. possession or in control of the data or
information subject of the petition;
Section 6 I. a disclosure of the data or
- Requires material allegations of ultimate information about the petitioner,
facts in the petition for issuance of a writ of the nature of such data or
habeas data
71 SpecPro | Atty. Yulo | Lacaba | 2023
 information, and the purpose for SEC. 14. Return; Filing. - In case the respondent fails
its collection; to file a return, the court, justice or judge shall
II. the steps or actions taken by the proceed to hear the petition ex parte, granting the
respondent to ensure the petitioner such relief as the petition may warrant
security and{confidentiality of unless the court in its discretion requires the
the data or information; and, petitioner to submit evidence.
III. the currency and accuracy of the
data or information held; and, SEC. 15. Summary Hearing. - The hearing on the
(c) Other allegations relevant to the resolution petition shall be summary. However, th court,
of the proceeding. justice or judge
may call for a preliminary conference to simplify
A general denial of the allegations in the petition the issues and determine the possibility of
shall not be allowed. obtaining stipulations and admissions from the
parties.
SEC. 11. Contempt. - The court, justice or judge may
punish with imprisonment or fine a respondent who SEC. 16. Judgment. - The court shall render
commits contempt by making a false return, or judgment within ten (10) days from the time the
refusing to make a return; or any person who petition is submitted for decision. If the allegations
otherwise disobeys or resist a lawful process or in the petition are proven by substantial evidence,
order of the court. the court shall enjoin the act complained of, or
order the deletion, destruction, or rectification of
SEC. 12. When Defenses May be Heard in Chambers. the erroneous data or information and grant other
- A hearing in chambers may be conducted where relevant reliefs as may be just and equitable;
the respondent invokes the defense that the release otherwise, the privilege of the writ shall be denied.
of the data or information in question shall Upon its finality, the judgment shall be enforced by
compromise national security or state secrets, or the sheriff or any lawful officers as may be
when the data or information cannot be divulged to designated by the court, justice or judge within five
the public due to its nature or privileged character. (5) working days.

Sec. 13. Prohibited Pleadings and Motions. - The Substantial evidence

following pleadings and motions are prohibited: - Required
(a) Motion to dismiss; - Indispensable requirement
(b) Motion for extension of time to file return, - It must be shown by substantial evidence
opposition, affidavit, position paper and that there is an actual or threatened
other pleadings; violation of the right to privacy in life, liberty
(c) Dilatory motion for postponement; or security of the victim.
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim; Not only direct but circumstantial evidence may be
(f) Third-party complaint; considered
(g) Reply;
(h) Motion to declare respondent in default; • SEC. 17. Return of Service. - The officer who
(i) Intervention; executed the final judgment shall, within three (3)
(j) Memorandum; days from its enforcement, make a verified return to
(k) Motion for reconsideration of interlocutory the court. The return shall contain a full statement
orders or interim relief orders; and of the proceedings under the writ and a complete
(l) Petition for certiorari, mandamus or inventory of the database or information, or
prohibition against any interlocutory order. documents and articles inspected, updated,
rectified, or deleted, with copies served on the
petitioner and the respondent.

72 SpecPro | Atty. Yulo | Lacaba | 2023

 The procedure under this Rule shall govern the
The officer shall state in the return how the disposition of the reliefs available under the writ of
judgment was enforced and complied with by the habeas data
respondent, as well as all objections of the parties
regarding the manner and regularity of the service SEC. 23. Substantive Rights. - This Rule shall not
of the writ. diminish, increase or modify substantive rights.

SEC. 18. Hearing on Officer's Return. - The court shall SEC. 24. Suppletory Application of the Rules of
set the return for hearing with due notice to the Court. - The Rules of Court shall apply suppletorily
parties and act accordingly insofar as it is not inconsistent with this Rule.

SEC. 19. Appeal. - Any party may appeal from the SEC. 25. Effectivity. - This Rule shall take effect on
final judgment or order to the Supreme Court under February 2, 2008, following its publication in three
Rule 45. The appeal may raise questions of fact or (3) newspapers of general circulation.
law or both.

The period of appeal shall be five (5) working days

from the date of notice of the judgment or final
order.

The appeal shall be given the same priority as in

habeas corpus and amparo cases.

SEC. 20. Institution of Separate Actions. - The filing

of a petition for the writ of habeas data shall not
preclude the filing of separate criminal, civil or
administrative actions.

SEC. 21. Consolidation. - When a criminal action is

filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the
criminal action.

When a criminal action and a separate civil action

are filed subsequent to a petition for a writ of
habeas data, the petition shall be consolidated with
the criminal action.

After consolidation, the procedure under this Rule

shall continue to govern the disposition of the reliefs
in the petition.

SEC. 22. Effect of Filing of a Criminal Action. - When

a criminal action has been commenced, no separate
petition for the writ shall be filed. The relief under
the writ shall be available to an aggrieved party by
motion in the criminal case.

73 SpecPro | Atty. Yulo | Lacaba | 2023

 A.M. No. 09-6-8-SC and facilitating court access in
Rules of procedure for environmental cases environmental cases.
Writ of Kalikasan
Magnitude of environmental damage
Section 1. Nature of the writ. - The writ is a remedy - Environmental damage must be of such
available to a natural or juridical person, entity magnitude as to prejudice the life, health
authorized by law, people's organization, non- and property of inhabitants in 2 or more
governmental organization, or any public interest cities or provinces
group accredited by or registered with any
government agency, on behalf of persons whose Section 2. Contents of the petition. - The verified
constitutional right to a balanced and healthful petition shall contain the following:
ecology is violated, or threatened with violation by (a) The personal circumstances of the
an unlawful act or omission of a public official or petitioner;
employee, or private individual or entity, involving (b) The name and personal circumstances of the
environmental damage of such magnitude as to respondent or if the name and personal
prejudice the life, health or property of inhabitants circumstances are unknown and uncertain,
in two or more cities or provinces. the respondent may be described by an
assumed appellation;
Who may avail (c) The environmental law, rule or regulation
- Natural or juridical person violated or threatened to be violated, the act
- Entity authorized by law or omission complained of, and the
- Peoples organizations, NGOs or any public environmental damage of such magnitude as
interest group accredited by or registered to prejudice the life, health or property of
with any government agency on behalf of inhabitants in two or more cities or
persons whose constitutional right to a provinces. •
balanced and healthful ecology is violated (d) All relevant and material evidence consisting
of the affidavits of witnesses, documentary
Locus standi or standing to file petition evidence, scientific or other expert studies,
- It had been suggested by animal rights and if possible, object evidence;
advocates and environmentalists that not (e) The certification of petitioner under oath
only natural and juridical persons should be that: (1) petitioner has not commenced any
given legal standing because of the difficulty action or filed any claim involving the same
for persons, who cannot show that they by issues in any court, tribunal or quasi-judicial
themselves are real parties-in-interests, to agency, and no such other action or claim is
bring actions in representation of these pending therein; (2) if there is such other
animals or inanimate objects. For this pending action or claim, a complete
reason, many environmental cases have statement of its present status; (3) if
been dismissed for failure of the petitioner petitioner should learn that the same or
to show that he/she would be directly similar action or claim has been filed or is
injured or affected by the outcome of the pending, petitioner shall report to the court
case. However, in our jurisdiction, locus that fact within five (5) days therefrom; and
standi in environmental cases has been (f) The reliefs prayed for which may include a
given a more liberalized approach. While prayer for the issuance of a TEPO.
developments in Philippine legal theory and
jurisprudence have not progressed as far as Section 3. Where to file. - The petition shall be filed
Justice Douglas's paradigm of legal standing with the Supreme Court or with any of the stations
for inanimate objects, the current trend of the Court of Appeals.
moves towards simplification of procedures

74 SpecPro | Atty. Yulo | Lacaba | 2023

Section 4. No docket fees. - The petitioner shall be verified return which shall contain all defenses to
exempt from the payment of docket fees show that respondent did not violate or threaten to
violate, or allow the violation of any environmental
Requisites for issuance of writ of kalikasan law, rule or regulation or commit any act resulting
- There is an actual or threatened violation of to environmental damage of such magnitude as to
the constitutional right to a balanced and prejudice the life, health or property of inhabitants
healthful ecology in two or more cities or provinces.
- Actual or threatened violation arises from an
unlawful act or omission of a public official or All defenses not raised in the return shall be deemed
employee or private individual or entity waived.
- Actual or threatened violation involves or
will lead to an environmental damage of The return shall include affidavits of witnesses,
such magnitude as to prejudice the life, documentary evidence, scientific or other expert
health or property of inhabitants in 2 or studies, and if possible, object evidence, in support
more cities or provinces of the defense of the respondent.

Exemption from payment of docket fees A general denial of allegations in the petition shall
- Exemption encourages the public to avail of be considered as an admission thereof.
the remedy
Return
Section 5. Issuance of the writ. - Within three (3) - Filed within 10 days after service of writ
days from the date of filing of the petition, if the o Non-extendable
petition is sufficient in form and substance, the - Must state all defenses to show he did not
court shall give an order: (a) issuing the writ; and (b) o Violate
requiring the respondent to file a verified return as o Threaten to violate
provided in Section 8 of this Rule. The clerk of court o Allow the violation of any
shall forthwith issue the writ under the seal of the environmental law, rule or regulation
court including the issuance of a cease and desist o Commit any act resulting to
order and other temporary reliefs effective until environmental damage of such
further order. magnitude as to prejudice the life,
health or property of inhabitants in
Section 6. How the writ is served. - The writ shall be two or more cities or provinces
served upon the respondent by a court officer or any
person deputized by the court, who shall retain a Section 9. Prohibited pleadings and motions. - The
copy on which to make a return of service. In case following pleadings and motions are prohibited:
the writ cannot be served personally, the rule on (a) Motion to dismiss;
substituted service shall apply. (b) Motion for extension of time to file return;
(c) Motion for postponement;
Section 7. Penalty for refusing to issue or serve the (d) Motion for a bill of particulars;
writ. - A clerk of court who unduly delays or refuses (e) Counterclaim or cross-claim;
to issue the writ after its allowance or a court officer (f) Third-party complaint;
or deputized person who unduly delays or refuses to (g) Reply; and
serve the same shall be punished by the court for (h) Motion to declare respondent in default.
contempt without prejudice to other civil, criminal
or administrative actions. Prohibited pleadings and motions
- Intervention
Section 8. Return of respondent; contents. - Within - Memorandum
a non-extendible period of ten (10) days after - Motion for reconsideration of interlocutory
service of the writ, the respondent shall file a orders or interim relief orders

75 SpecPro | Atty. Yulo | Lacaba | 2023

 - Petition for certiorari, mandamus, or as to prejudice the life, health or property off
prohibition against any interlocutory order inhabitants in two or more cities or
provinces.
Section 10. Effect of failure to file return. - In case
the respondent fails to file a return, the court shall After hearing, the court may order any
proceed to hear the petition ex parte. person in possession, custody or control of
any designated documents, papers, books,
Section 11. Hearing. - Upon receipt of the return of accounts, letters, photographs, objects or
the respondent, the court may call a preliminary tangible things, or objects in digitized or
conference to simplify the issues, determine the electronic form, which constitute or contain
possibility of obtaining stipulations or admissions evidence relevant to the petition or the
from the parties, and set the petition for hearing. return, to produce and permit their
inspection, copying or photographing by or
The hearing including the preliminary conference on behalf of the movant.
shall not extend beyond sixty (60) days and shall be
given the same priority as petitions for the writs of The production order shall specify the person or
habeas corpus, amparo and habeas data. persons authorized to make the production and the
date, time, place and manner of making the
Section 12. Discovery Measures. - A party may file a inspection or production and may prescribe other
verified motion for the following reliefs: conditions to protect the constitutional rights of all
(a) Ocular Inspection; order — The motion must parties.
show that an ocular inspection order is
necessary to establish the magnitude of the Discovery measures
violation or the threat as to prejudice the - Interim reliefs available in a petition for WOK
life, health or property of inhabitants in two o Ocular inspection
or more cities or provinces. It shall state in o Production or inspection of
detail the place or places to be inspected. It documents or things
shall be supported by affidavits of witnesses Ocular inspection
having personal knowledge of the violation - Must show
or threatened violation of environmental o An ocular inspection order is
law. necessary to establish the magnitude
of the violation or the threat as to
After hearing, the court may order any prejudice the life, health or property
person in possession or control of a inhabitants in 2 or more cities or
designated land or other property to permit provinces
entry for the purpose of inspecting or o Place or places to be inspected in
photographing the property or any relevant detail
object or operation thereon. o Supported by affidavits of witnesses
having personal knowledge of the
The order shall specify the person or persons violation or threatened violation of
authorized to make the inspection and the environmental law
date, time, place and manner of making the
inspection and may prescribe other Section 13. Contempt. - The court may after hearing
conditions to protect the constitutional punish the respondent who refuses or unduly delays
rights of all parties. the filing of a return, or who makes a false return, or
(b) Production or inspection of documents or any person who disobeys or resists a lawful process
things; order - The motion must show that a or order of the court for indirect contempt under
production order is necessary to establish Rule 71 of the Rules of Court.
the magnitude of the violation or the threat

76 SpecPro | Atty. Yulo | Lacaba | 2023

Contempt Section 16. Appeal. - Within fifteen (15) days from
- A person may be punished for contempt the date of notice of the adverse judgment or denial
after hearing for of motion for reconsideration, any party may appeal
o Respondent refusing or unduly to the Supreme Court under Rule 45 of the Rules of
delays the filing of a return Court. The appeal may raise questions of fact.
o Respondent makes a fals return
o Person disobeys or resists a lawful Section 17. Institution of separate actions. - The
process or order of the court filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate
Section 14. Submission of case for decision; filing of civil, criminal or administrative actions.
memoranda. - After hearing, the court shall issue an
order submitting the case for decision. The court Period to appeal from the judgement
may require the filing of memoranda and if possible, - 15 days from the date of notice of the
in its electronic form, within a non-extendible adverse judgement or denial of motion for
period of thirty (30) days from the date the petition reconsideration, any party may appeal to the
is submitted for decision. SC under rule 45
- Appeal may only raise question of facts
Section 15. Judgment. - Within sixty (60) days from
the time the petition is submitted for decision, the Filing of separate actions after the filing of a petition
court shall render judgment granting or denying the for issuance of writ of kalikasan
privilege of the writ of kalikasan. - Filing a petition for issuance of WOK does
not preclude the filing of separate civil,
The reliefs that may be granted under the writ are criminal or administrative actions.
the following:
(a) Directing respondent to permanently cease
and desist from committing acts or
neglecting the performance of a duty in
violation of environmental laws resulting in
environmental destruction or damage;
(b) Directing the respondent public official,
government agency, private person or entity
to protect, preserve, rehabilitate or restore
the environment;
(c) Directing the respondent public official,
government agency, private person or entity
to monitor strict compliance with the
decision and orders of the court;
(d) Directing the respondent public official,
government agency, or private person or
entity to make periodic reports on the
execution of the final judgment; and
(e) Such other reliefs which relate to the right of
the people to a balanced and healthful
ecology or to the protection, preservation,
rehabilitation or restoration of the
environment, except the award of damages
to individual petitioners.

77 SpecPro | Atty. Yulo | Lacaba | 2023