ArticuLaw Primo

RULE 79 

OPPOSING ISSUANCE OF LETTERS TESTAMENTARY, PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION

 

Prepared by: Nelia M. Oro

 

 

Section 1 "Any person interested in a will may state in writing the grounds why letters testamentary should  not issue to the persons named therein executors, or any of them, and the court, after hearing upon notice, shall pass upon sufficiency of such grounds."

 

Question: Who may oppose the issuance of letters of administration?

 

GENERAL RULE:

 

 Any person interested in the will. (Section 1)

 

EXCEPTION:

 

Even where a person who had filed a petition for the allowance of the will of the deceased person had no  right to do so in view of his lack of interest in the estate, nevertheless, where the interested persons did not object to its application, the defect in the petition would be deemed cured. The filing of the petition may be considered as having been ratified by the interested parties. (Eusebio vs. Valmores 97 PHIL 163)

 

Petition for Opposition may at the same time be filed for Letters of Administration with the will annexed.

 

 

Reasons for filing a Petition for Letters Of Administration:

 

1.When no executor named in the will

2.The executor/s are incompetent

3.Refuse the trust or fail to give a bond

4. A person dies intestate

 

Section 2, Rule 79 Contents of a petition for letters of administration:

 

1.  Jurisdictional facts; 

2. Name, age, residence of heirs and creditors;

3.  Probable value and character of the estate; and

4. Name of the person for whom letters is prayed   for.

5. If the will has not been delivered to the court the name of the person having custody of it.

 

No defect in the petition shall render void the Issuance of the letters of administration.

 

 

Sec. 3 Rule 79 Court to set time for hearing. Notice thereof.

 

When a petition for letters of administration is filed in the court having jurisdiction, such court shall fix a time and place for hearing the petition, and shall cause notice thereof to be given to the known heirs and creditors of the decedent, and to any other persons believed to have an interest in the estate, in the manner provided in Sections 3 and 4 of Rule 76.

 

 

Sec. 4, Rule 79-Grounds for Opposition:

 

A. In Letters Testamentary

1. incompetence

        

B . In Letters of Administration

1.incompetence;

2. preferential right of the heir under Sec. 6, Rule 78.

 

 

Sec. 5, Rule 79- Hearing and Order for letters to issue

 

Publication for 3 weeks in newspaper of general circulation in the province  and notice to heirs, creditors and other persons believed to have an interest in the estate is required   before   hearing.

 

Hearing on Petition

§The Court having jurisdiction shall fix a time and place of hearing.

§Notice will be given to the ff:

1. heirs, legatees, devisees

2. creditors of the decedent

3. any persons believed to have an interest

 

Question : What must be proved at the hearing of the petition?

 

1.That the notice has been given as required;

2.That the decedent left no will;

3.That there is no competent and willing executor.

 

 

Sec. 6, Rule 79- When letters of administration granted to any applicant

 

  Letters can be granted to any person or any other applicant even if other competent persons

are present if the latter fail to claim their letters when notified by the court.

 

 

To download this lecture, click here

 

See Saguinsin vs. Lindayag, G.R. No. L-17759 (December 17, 1962)