REMEDIAL LAW REVIEW 2 (Second Sem)
CSU SET A REFRESHER
February 3, 2025, 6:00 – 9:00PM
TOPICS DISCUSSED:
RULES DISCUSSION/DOCTRINES
*RECAP Previous Lectures
RULE 78 Section 1. Who are incompetent to serve as executors or
Letters Testamentary and of administrators. — No person in competent to serve as executor
Administration, When and or administrator who:
to Whom Issued (a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of
the trust by reason of drunkenness, improvidence, or want of
understanding or integrity, or by reason of conviction of an
offense involving moral turpitude.
Section 2. Executor of executor not to administer estate. — The
executor of an executor shall not, as such, administer the estate
of the first testator.
Section 3. Married women may serve. — A married woman
may serve as executrix or administratrix, and the marriage of a
single woman shall not affect her authority so to serve under a
previous appointment.
Section 4. Letters testamentary issued when will allowed. —
When a will has been proved and allowed, the court shall issue
letters testamentary thereon to the person named as executor
therein, if he is competent, accepts the trust, and gives bond as
required by these rules.
Section 5. Where some coexecutors disqualified others may
act. — When all of the executors named in a will cannot act
because of incompetency, refusal to accept the trust, or failure
to give bond, on the part of one or more of them, letters
testamentary may issue to such of them as are competent,
accept and give bond, and they may perform the duties and
discharge the trust required by the will.
Section 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
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bond, or a person dies intestate, administration shall be
granted:
(a) To the surviving husband or wife, as the case may be, or next
of kin, or both, in the discretion of the court, or to such person
as such surviving husband or wife, or next of kin, requests to
have appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case may be, or next
of kin, or the person selected by them, be incompetent or
unwilling, or if the husband or widow, or next of kin, neglects for
thirty (30) days after the death of the person to apply for
administration or to request that administration be granted to
some other person, it may be granted to one or more of the
principal creditors, if may be granted to one or more of the
principal creditors, if competent and willing to serve;
(c) If there is no such creditor competent and willing to serve, it
may be granted to such other person as the court may select.
Cases:
1. Zamora v. Twitchett, G.R. No. 217613
2. Saguinsin vs. Lindayag, G.R. No. L-15760
RULE 86 Section 1. Notice to creditors to be issued by court. —
Claims Against Estate Immediately after granting letters testamentary or of
administration, the court shall issue a notice requiring all
persons having money claims against the decedent to file them
in the office of the clerk of said court.
Section 2. Time within which claims shall be filed. — In the
notice provided in the preceding section, the court shall estate
the time for the filing of claims against the estate, which shall
not be more than twelve (12) not less than six (6) months after
the date of the first publication of the notice. However, at any
time before an order of distribution is entered, on application of
a creditor who has failed to file his claim within the previously
limited, the court may, for cause shown and on such terms as
are equitable, allow such claim to be filed within a time not
exceeding one (1) month.
Section 3. Publication of notice to creditors. — Every executor
or administrator shall, immediately after the notice to creditors
is issued, cause the same to be published three (3) weeks
successively in a newspaper of general circulation in the
province, and to be posted for the same period in four public
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places in the province and in two public places in the
municipality where the decedent last resided.
Case:
1. Sikat vs. Viuda de Villanueva, G. R. No. L-35925
2. IN RE: Estate of De Dios, G.R. No. 7940
RULE 88 Section 1. Debts paid in full if estate sufficient. — If, after
Payment of the Debts of the hearing all the money claims against the estate, and after
Estate ascertaining the amount of such claims, it appears that there are
sufficient assets to pay the debts, the executor or administrator
pay the same within the time limited for that purpose.
Section 2. Part of estate from which debt paid when provision
made by will. — If the testator makes provision by his will, or
designates the estate to be appropriated for the payment of his
debts, the expenses of administration, or the family expenses,
they shall be paid according to the provisions of the will; but if
the provision made by the will or the estate appropriated, is not
sufficient for that purpose, such part of the estate of the
testator, real or personal, as is not disposed of by will, if any shall
be appropriated for that purpose.
Section 3. Personalty first chargeable for debts, then realty. —
The personal estate of the deceased not disposed of by will shall
be first chargeable with the payment of debts and expenses; and
if said personal estate is not sufficient for that purpose, or its
sale would redound to the detriment of the participants for the
estate, the whole of the real estate not dispose of by will, or so
much thereof as is necessary, may be sold, mortgaged, or
otherwise encumbered for that purpose by the executor or
administrator, after obtaining the authority of the court
therefor. Any deficiency shall be met by contributions in
accordance with the provisions of section 6 of this rule.
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Section 7. Order of payment if estate insolvent — If the assets
which can be appropriated for the payment of debts are not
sufficient for that purpose, the executor or administrator shall
pay the debts against the estate, observing the provisions of
Articles 1059 and 2239 to 2251 of the Civil Code.
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Section 11. Order for payment of debts. — Before the
expiration of the time limited for the payment of the debts, the
court shall order the payment thereof, and the distribution of
the assets received by the executor or administrator for that
purpose among the creditors, as the circumstances of the estate
require and in accordance with the provisions of this rule.
Case:
1. Bernardo vs. Court of Appeals, G.R. No. L-18148
2. Guilas vs. Judge, Court of 1st Instance of Pampanga, G.R.
No. L-26695#
Next Meeting: Rule 92 (Guardianship) and onwards.
