SETTLEMENT OF ESTATE OF DECEASED

PERSONS, VENUE AND PROCESS

JURISDICTION OVER SETTLEMENT OF THE

ESTATE.

The Regional Trial Court has jurisdiction over proceedings for the
settlement of the estate of a deceased person (probate proceedings)
where the gross value of the estate exceeds P300,000 and in Metro
Manila where the gross value of the estate exceeds P400,000.
Where the gross value does not exceed P300,000 or P400,000 it
would be the Municipal Trial Court which would have jurisdiction.
(BP 129 and RA 7691)
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Question:

A petition for allowance of a holographic will was filed with the

Regional Trial Court (RTC). The petition did not allege the gross value
of the estate. The RTC’s decision was appealed to the Court of
Appeals (CA) and the latter’s decision was appealed to the Supreme
Court (SC). Neither the parties nor the lower courts delved on the
issue of jurisdiction. May the SC motu proprio dismiss the case on the
ground of lack of jurisdiction?
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

VENUE IN JUDICIAL SETTLEMENT OF ESTATE

The matter of venue, or the particular Court of First Instance

where the special proceeding should be commenced, is regulated by
former Rule 75, Section 1 of the Rules of Court, now Section 1, Rule
73 of the Revised Rules of Court, which provides that the estate of
a decedent inhabitant of the Philippines at the time of his death,
whether a citizen or an alien, shall be in the court of first instance
in the province in which he resided at the time of his death, and
if he is an inhabitant of a foreign country, the court of first
instance of any province in which he had estate. (Uriarte vs CFI
Of Negros, G.R. Nos. L-21938-39 May 29, 1970)
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Place of residence of the deceased is for the determination of

venue:
The place of residence of the deceased is not an element of
jurisdiction over the subject-matter but merely of venue. And it is upon
this ground that in the new Rules of Court the province where the
estate of a deceased person shall be settled is properly called "venue".
(Cuenco vs CA, G.R. No. L-24742 October 26, 1973)
The place of residence of the deceased in settlement of
estates, probate of will, and issuance of letters of administration does
not constitute an element of jurisdiction over the subject matter. As it
is merely constitutive of venue (Fule vs. CA, L-40502, November 29,
1976).
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Venue in settlement of the estate waivable:

It is well settled in this jurisdiction that wrong venue is merely a
waiveable procedural defect. Moreover, it must be remembered that this
Court is not inclined to annul proceedings regularly had in a lower
court even if the latter was not the proper venue therefor, if the net
result would be to have the same proceedings repeated in some other
court of similar jurisdiction; more so in a case like the present where
the objection against said proceedings is raised too late. (Uriarte vs
CA, G.R. Nos. L-21938-39 May 29, 1970)
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Question:

Dencio was a long time resident of Lipa City, Batangas. He

became ill however and had to go to Manila for medical treatment.
While in Manila Dencio stayed at the house of his son Andres. Three
months later, Dencio died in the hospital in Manila where he was being
treated. His gross estate amounted to Five(5) million pesos. What is the
proper venue for the petition for the probate of Dencio’s will?
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

EXTENT OF JURISDICTION OF PROBATE COURT

Coverage on the extent of the power of the probate court: Issue
of ownership not included:
The probate jurisdiction of the former court of first instance or the
present regional trial court relates only to matters having to do with the
settlement of the estate and probate of wills of deceased persons, and
the appointment and removal of administrators, executors, guardians
and trustees and does not extend the jurisdiction of a probate court to
the determination of questions of ownership that arise during the
proceeding. The parties concerned may choose to bring a separate
action as a matter of convenience in the preparation or presentation of
evidence. (Ramos vs CA, G.R. No. 42108 December 29, 1989)
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Issues that may be resolved by the probate court:

In testament to this, it has been held that it is within the
jurisdiction of the probate court to
(1) approve the sale of properties of a deceased person by his
prospective heirs before final adjudication;
(2) to determine who are the heirs of the decedent;
(3) the recognition of a natural child;
(4) the status of a woman claiming to be the legal wife of the
decedent; the legality of disinheritance of an heir by the
testator; and
(5) to pass upon the validity of a waiver of hereditary rights.
(Romero vs CA, G.R. No. 188921, April 18, 2012)
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Jurisdiction of probate court to determine whether

property belongs to conjugal partnership or exclusive
ownership of a party
In the case now before us, the matter in controversy is the
question of ownership of certain of the properties involved —
whether they belong to the conjugal partnership or to the
husband exclusively. This is a matter properly within the
jurisdiction of the probate court which necessarily has to
liquidate the conjugal partnership in order to determine the estate
of the decedent which is to be distributed among his heirs who
are all parties to the proceedings. (Leo C. Romero and David Amando C.
Romero vs. Hon. Court of Appeals, Aurora C. Romero and Vittorio C. Romero, G.R. No.
188921, April 18, 2012)
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

Determination of heir an issue resolvable by probate court

While the foregoing allegations, if admitted to be true,

would consequently warrant the reliefs sought for in the said
complaint, the rule that the determination of a decedent’s lawful
heirs should be made in the corresponding special proceeding
precludes the RTC, in an ordinary action for cancellation of title
and reconveyance, from granting the same.
“Jurisprudence dictates that the determination of who are
the legal heirs of the deceased must be made in the proper
special proceedings in court, and not in an ordinary suit for
recovery of ownership and possession of property. “
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS
f) Authorizes sale, mortgage or any encumbrance of real estate (Sec. 2, Rule
89);

g) Directs the delivery of the estate to those entitled thereto (Sec. 1, Rule 90);

h) Issue warrants and processes necessary to compel the attendance of

witnesses or to carry into effect their orders and judgments, and all
other powers granted them by law (Sec. 3, Rule 73);

i) If a person defies a probate order, it may issue a warrant for the

apprehension and imprisonment of such person until he performs such
order or judgment, or is released (Sec. 3, Rule 73).
 SETTLEMENT OF ESTATE OF DECEASED
PERSONS, VENUE AND PROCESS

POWERS AND DUTIES OF PROBATE COURT

In probate proceedings, the court:
a) Orders the probate of the will of the decedent (Sec. 3, Rule 77);
b) Grants letters of administration of the party best entitled
thereto or to any qualified applicant (Sec. 5, Rule 79);
c) Supervises and control all acts of administration;
d) Hears and approves claims against the estate of the
deceased (Sec. 11, Rule 86);
e) Orders payment of lawful debts (Sec. 11, Rule 88);
 SUMMARY SETTLEMENT OF ESTATES

General rule:
When a person dies leaving property, the same should be
JUDICIALLY ADMINISTERED and the competent court should
appoint a qualified administrator, in the order established in Section 6,
Rule 78, in case the deceased left no will, or in case he had left one,
should he fail to name an executor therein. (Pereira vs CA, G.R. No.
L-81147 June 20, 1989)
Exceptions:
1. Extrajudicial settlement (Section 1, Rule 74)
2. Summary settlement of estates of small value (Section 2, Rule 74)
 SUMMARY SETTLEMENT OF ESTATES

Three ways on how to extra judicially settle an estate:

1. 2. 3.
 SUMMARY SETTLEMENT OF ESTATES

Common Requisites for Extrajudicial Settlement of Estate:

1. The decedent left no will.
2. The decedent has no debts or his debts have been fully paid.(It
shall be presumed that the decedent left no debts if no creditor files a petition for letters of
administration within 2 years after the death of the deceased.)
3. The heirs are all of legal age or the minors are duly represented
by their judicial or legal representatives.
4. Posting of a bond.( The bond is required only if there is a personal property in the
decedent’s estate. It is not required if the decedent's left only is real property since in such
case the lien under Sec.4 Rule 74 would be sufficient protection to the heirs or persons entitled
to the state.)
5. Publication
6. Recording with the Register of Deeds.
 SUMMARY SETTLEMENT OF ESTATES

The Procedure in Extrajudicial Settlement:

1. The parties may divide the estate among themselves as they see fit
by means of a public instrument filed in the office of the register
of deeds, and should they disagree, they may do so in an ordinary
action of partition.

2. If there is only one heir, he may adjudicate to himself the entire

estate by means of an affidavit filed in the office of the register of
deeds.(Affidavit of Self Adjudication)
 SUMMARY SETTLEMENT OF ESTATES

3. The parties to an extrajudicial settlement, whether by public

instrument or by stipulation in a pending action for partition, or the
sole heir who adjudicates the entire estate to himself by means of an
affidavit shall file, simultaneously with and as a condition precedent to
the filing of the public instrument, or stipulation in the action for
partition, or of the affidavit in the office of the register of deeds, a
bond with the said register of deeds, in an amount equivalent to the
value of the personal property involved .

4. The fact of the extrajudicial settlement or administration shall

be published in a newspaper of general circulation in
the province once a week for 3 consecutive weeks.
 SUMMARY SETTLEMENT OF ESTATES

The two – year prescriptive period:

The two –year prescriptive period refers to the time when it
shall be presumed that the decedent left no debts if no creditor files a
petition for letters of administration within two –years after the death
of the decedent.

Two (2) year prescriptive period applies only persons who knew
or participated in the extrajudicial settlement:
The provisions of Section 4 of Rule 74, barring distributees or heirs
from objecting to an extrajudicial partition after the expiration of two
years from such extrajudicial partition, is applicable only to persons
who have participated or taken part or had notice of the extrajudicial
partition, and, in addition, when the provisions of Section 1 of Rule 74
have been strictly complied with. There is nothing therein, or in its
source which shows clearly a statute of limitations and a bar of action
against third persons. (Sampilo vs CA, G.R. No. L-10474, February 28, 1958)
 SUMMARY SETTLEMENT OF ESTATES

When is the two year period deemed to commenced?

The two year prescriptive period deemed to commenced not

from the date of the4 execution of the instrument but FROM THE
DATE OF REGISTRATION thereof, since it is the registration that
gives the instrument notice to the persons existing settlement of the
estate.
 SUMMARY SETTLEMENT OF ESTATES

Question:

B,C,and D are the sole heirs of the deceased X. The estate of X

consists of Lot 1 situated in their home province of Surigao del Norte.
C and D went to Manila in 2000. In 2001, B executed and registered an
affidavit of self adjudication. Wherein he adjudicated Lot 1 to himself
and a title over lot 1 was issued by the register of deeds in the name of
B. In 2009, C and D came back. Can they still file a petition to settle the
estate of X in order to obtain their lawful shares?
 SUMMARY SETTLEMENT OF ESTATES

May the distributees and the estate be held liable after the
settlement and distribution of the estate?

Yes. If within 2 years after an extrajudicial settlement or

summary settlement it shall, that an heir or other person has been
unduly deprived of his lawful participation in the estate, such heir or
such other person may compel the settlement of the estate in the
courts in the manner hereinafter provided for the purpose of satisfying
such lawful participation. (Section 4, Rule 74)
 SUMMARY SETTLEMENT OF ESTATES

If within the same time of two (2) years, it shall appear that
there are debts outstanding against the estate which have not been paid,
or that an heir or other person has been unduly deprived of his lawful
participation payable in money, the court having jurisdiction of the
estate may, by order for that purpose, after hearing, settle the amount
of such debts or lawful participation and order how much and in what
manner each distributee shall contribute in the payment thereof, and
may issue execution, against the bond provided in the preceding section
or against the real estate belonging to the deceased, or both. (Section 4, Rule
74)
 SUMMARY SETTLEMENT OF ESTATES

AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR

It is an affidavit required by Section 1, Rule 74 that is to be

executed by the sole heir of a deceased person in adjudication to
himself the entire estate left by the decedent. It is filed with the
Registry of Deeds.

Adjudication by an heir of the decedent’s entire estate to

himself by means of an affidavit is allowed only if he is the sole heir in
the estate.
 SUMMARY SETTLEMENT OF ESTATES

Summary settlement of estates of small value: when allowed

What do you mean by summary settlement of estate of small

value?

It is the procedure provided in rule 74 for the settlement of

estate (whether testate or intestate) where gross value does not exceed
10k. The Municipal Trial Court (MTC) has jurisdiction over a petition
for summary settlement.
 SUMMARY SETTLEMENT OF ESTATES

Summary settlement of estates of small value:

Factors to consider in the summary settlement of the estate of
small value:
1. 2.
.
 SUMMARY SETTLEMENT OF ESTATES

Factors to consider in the summary settlement of the estate of

small value:

3. 2. 4.
 SUMMARY SETTLEMENT OF ESTATES

Factors to consider in the summary settlement of the estate

of small value:
5. 6.

7.
 REMEDIES OF AN AGGRIEVED
PARTY
1. An heir or other person has been unduly
deprived of his lawful participation in the estate.
Remedy: any time within 2 years compel the
settlement of the estate

2. If within 2 years there are debts outstanding; or

other person that has been unduly deprived of
his lawful participation payable in money.
 Remedy: court having jurisdiction, settle the
amount of such debts or lawful participation; order
how much and in what manner each distributee
shall contribrute and may issue execution against
the bond provided.

What if claimant is minor or incapacitated?

He may present his claim within 1 year after
such disability is removed.
NOTE: This remedy is not available:
1. To those persons who have participated/taken
part/ had notice of the extrajudicial
participation; and
2. When the provisions of Section 1 of Rule 74
have been strictly complied with.
 PRODUCTION AND PROBATE OF WILL

It is the act of proving in court a document

purporting to be the last will and testament of a
deceased person for the purpose of its official
recognition, registration and carrying out its
provision in so far as they are in accordance with
law.
The proceeding is in rem.
Q: Can the heirs initiate a separate petition for
partition pending the probate of the last will and
testament to the court?

Who may petition for probate?

Any executor devisee, or legatee named in a
will, or any other person interested in the estate
Who are entitled to notice?
The court, atleast 20 days before the hearing,
if the place of residence is known, cause the
copies of the notice of the time and place fixed for
proving the will to be addressed to the designated
or other known heirs, legatees, and devisees of the
testator resident in the Philippines.
It must also be mailed, 10 days before the day of
hearing, to the person named as executor and also
to the person named as coexecutor, if their places
of residence be known.

If the testator asks for the allowance of his will,

notice shall be sent to his compulsory heirs. (
Section 4, Rule 76)
 ALLOWANCE OR DISALLOWANCE OF A
WILL

Contents of petition: (Section 2, Rule 76)

1. Jurisdictional facts;
2. The names, ages and residences of the heirs,
legatees and devisees of the testator or decedent;
3. The probable value and character of the property of
the estate;
4. The name of the person for whom letters are
prayed; and
5. if the will has not been delivered to the court, the
name of the person having custody of it.
Grounds for disallowing a will are the following:
(Section 9, Rule 76)
1. If not executed or attested as required by law;
2. If the testator was insane, or otherwise mentally
incapable to make a will, at the time of its
execution;
3. If it was executed under duress, or the influence of
fear, or threat;
4. If it was procured by undue and improper pressure
and influence, on the part of the beneficiary, or
some other persons of his benefit;
5. If the signature of the testator was procured by
fraud or trick, and he did not intend that the
instrument should be his will at the time of fixing
his signature thereto.
 REPROBATE
A will proved and allowed in a foreign country must
be re-probated in the Philippines.

What are the requisites?

1. That the testator was domiciled in the foreign country;
2. That the will has been admitted to probate in such
country;
3. That the foreign court was, under the laws of said
foreign country, a probate court with jurisdiction over
the proceedings;
4. The law on probate procedure in said foreign
country and proof of compliance therewith, and
5. The legal requirements in said foreign country
for the valid execution of the will.
 EFFECTS OF PROBATE
1. The will shall be treated as if originally proved and
allowed in the Philippine courts;
2. Letters testamentary or administration with a will
annexed shall extend to all estates of the
Philippines;
3. After payment of just debts and expenses of
administration, the residue of the estate shall be
disposed of as provided by law in cases of estates in
the Philippines belonging to persons who are
inhabitants of another state or country.