SPECIAL PROCEEDINGS RULE 78 LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND TO WHOM ISSUED

1. RULE 78
LETTERS TESTAMENTARY AND OF
ADMINISTRATION WHEN AND TO
WHOM ISSUED

2. PERSONS WHO CAN ADMINISTER THE ESTATE
• Executor
• Administrator; and
• Administrator with a will annexed.

3. WHO MAY SERVE AS
EXECUTOR/ADMINISTRATOR?
Any competent person may serve as executor or
administrator.

4. SECTION 1. WHO ARE INCOMPETENT TO
SERVE AS EXECUTOR/ADMINISTRATOR?
• a minor
• A non-resident of the Philippines
• One who, in the opinion of the court is unfit to
exercise the duties of trust by reason of:
- drunkenness
-improvidence

5. – want of understanding and integrity
– Conviction for an offense involving moral
turpitude.

6. MAY THE EXECUTOR OF AN EXECUTOR
BE ALLOWED TO ADMINISTER THE
ESTATE?
• No, Under Section 2, the executor of an
executor shall not, as such, administer the
estate of the first testator.

7. MAY A MARRIED WOMAN SERVE AS
EXECUTRIX OR ADMINISTRATRIX?
• Yes, she may serve as provided under Section
3 of Rule 78. Likewise, the marriage of a single
woman shall not affect her authority so to
serve under a previous appointment.

8. WHAT AUTHORITY IS ISSUED TO THE
PERSON WHO ADMINISTERS THE ESTATE?
• Letters testamentary- authority issued to an
executor named in the will to administer the estate;
• Letters of administration- authority issued by the
court to a competent person to administer the
estate of the deceased who died intestate;

9. • Letters of administration with a will annexed-
authority issued by the court to a competent
person to administer the estate of the
deceased if the executor named in the will
refused to accept the office, or is
incompetent.

10. WHAT IS THE RULE IF SOME CO-EXECUTORS
ARE DISQUALIFIED?
• Section 5 provides that when all of the
executors named in a will can not act because
of incompetency, refusal to accept the trust,
or failure to give bond, on the part of one or
more of them, letters testamentary may issue
to such of them as are competent, accept and
give bond, and they may perform the duties
and discharge the trust required by the will.

11. Section 6. WHEN AND TO WHOM
LETTERS OF ADMINISTRATION GRANTED

12. SECTION 6. WHEN AND TO WHOM
LETTERS OF ADMINISTRATION GRANTED.
• If no executor is named in the will, or the
executor or executors are incompetent, refuse
the trust, or fail to give bond, or a person dies
intestate, administration shall be granted:
 To the surviving husband or wife, as the case
may be, or next of kin, or both, in the
discretion of the court, or to such person as

13. such surviving husband or wife, or next of kin,
requests to have appointed, if incompetent and
willing to serve;
If such surviving husband or wife, as the case
may be, or next of kin, or the person selected
by them, be incompetent or unwilling, or if the
husband or widow, or next of kin, neglects for
thirty (30) days after the death of the person to
apply for administration or to request that

14. administration be granted to some other
person, it may be granted to one or more of
the principal creditors, if competent and
willing to serve;
If there is no such creditor competent and
willing to serve, it may be granted to such
other person as the court may select.

15. CAN THE COURT SET ASIDE THE ORDER
OF PREFERENCE?
• As a general rule, the court cannot. The Rules
of Court provides for the order of preference
in the appointment of an administrator.

16. UNDER WHAT CIRCUMSTANCES MAY THE
COURT REJECT THE ORDER OF PREFERENCE?
In case the persons who have the preferential
right to be appointed under the Rule are not
competent or are unwilling to serve,
administration may be granted to such other
person as the court may appoint.

17. WHAT IS THE SCOPE OR LIMIT OF
ADMINISTRATION?
• The general rule universally recognized is that
administration extends only to the assets of a
decedent found within the state or country
where it was granted, so that an administrator
appointed in one state or country has no
power over the property in another state or
country.

18. Problem
• Sergio Punzalan, Filipino, 50 years old,
married, and residing at Ayala Alabang Village,
Muntinlupa City, of sound mind and disposing
mind, executed a last will and testament in
English, a language spoken and written by him
proficiently. He disposed of his estate
consisting of a parcel of land in Makati City
and cash deposit at the City Bank in the sum

19. of P300 million. He bequeathed P50 million each
to his 3 sons and P150 million to Susan, his
favorite daughter-in-law. He named his best
friend, Cancio Vidal, as executor of the will
without bond.

20. Question
Can the probate court appoint the widow as
executor of the will?

21. Answer
• Yes, the probate court can appoint the widow
as executor of the will as Section 6 of Rule 78
of the Rules of Court provides that if the
executor named in the will is incompetent,
refuses the trust, or fails to give bond,
administration shall be granted to the
surviving spouse as the case may be, if
competent and willing to serve.

22. Problem
• An illegitimate sister of the deceased, and the
latter’s legitimate spouse could not agree as
to who should be appointed by the court as
special administrator.

23. Question
• Who has preference and why?

24. Answer
• The surviving spouse is to be preferred, as in
the appointment of a regular administrator.
The reason for the preference is clear: aside
from her share in the conjugal partnership,
the spouse also is an heir of the deceased. She
has, therefore, a greater interest in
administering the entire property correctly
than any other relative.

25. END OF PRESENTATION
THANK YOU!!!

26. CASE
NAVAS SIOCA VS. GARCIA
GR. NO. L-20080