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Letters Testamentary andLetters Testamentary andof Administrationof Administration

(Rule 78)(Rule 78)

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Letters testamentaryLetters testamentary

is the appointment issued by a probateis the appointment issued by a probatecourt, after the will has been admittedcourt, after the will has been admitted

to probate, to the executor named into probate, to the executor named inthe will to administer the estate of thethe will to administer the estate of thedeceased testator, provided thedeceased testator, provided theexecutor named in the will is competent,executor named in the will is competent,

accepts the trust and ives a bond ("ec#accepts the trust and ives a bond ("ec#$)#$)#

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%hen and to whom letters of administration%hen and to whom letters of administrationrantedranted

(&) 'o person is competent to serve as(&) 'o person is competent to serve asexecutor or administrator whoexecutor or administrator who

(a) s a minor*(a) s a minor*

(b) s not a resident of the +hilippines* and(b) s not a resident of the +hilippines* and (sec & f Rule 78)(sec & f Rule 78)

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(c) s in the opinion of the court unfit(c) s in the opinion of the court unfitto execute the duties of the trust byto execute the duties of the trust byreason of drun-enness, improvidence,reason of drun-enness, improvidence,

or want of understandin or interity,or want of understandin or interity,or by reason of conviction of anor by reason of conviction of anoffense involvin moral turpitudeoffense involvin moral turpitude

("ec# & of Rule 78)#("ec# & of Rule 78)#

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.run-enness.run-enness something more gross than occasional mustsomething more gross than occasional must

appears in order to preclude the appointmentappears in order to preclude the appointmentof the person entitled.of the person entitled.

mprovidencemprovidence / want of care and foresiht in the/ want of care and foresiht in the

manaement of property which would li-ely tomanaement of property which would li-ely to

render the estate and effects of therender the estate and effects of theinstestate unsafeinstestate unsafe

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Want of Understanding is a disqualification where it amount to lack of

intelligence

Want of Integrity

means a soundness of moral privilegeand character

-to sustain judgment of want of integrity theaccusation shld be certain and grave in its

nature and must be established by proofof which atleast required for conviction ina criminal prosecution.

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"ec 0"ec 0

1xecutor of executor not to1xecutor of executor not toadminister estateadminister estate

the executor of the first executor shallthe executor of the first executor shallnot, as such, administer the estate ofnot, as such, administer the estate ofthe first testatorthe first testator

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Sec Sec

!arried women may serve as e"ecutri" or!arried women may serve as e"ecutri" oradministratri"# and the marriage of a singleadministratri"# and the marriage of a single

woman shall not affect her authority so towoman shall not affect her authority so to

serve under a previous appointmentserve under a previous appointment

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sec $sec $

Letters testamentary issued when willLetters testamentary issued when willallowed#allowed#

%hen a will has been proved and%hen a will has been proved andallowed, the court shall issue lettersallowed, the court shall issue letterstestamentary thereon to the persontestamentary thereon to the person

named as executor therein, if he isnamed as executor therein, if he iscompetent, accepts the trust, andcompetent, accepts the trust, andives bond as re2uired by theseives bond as re2uired by theserules ("ec# $)#rules ("ec# $)#

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sec 3sec 3 %here some co/executors dis2ualified%here some co/executors dis2ualified

others may act# %hen all of the executorsothers may act# %hen all of the executorsnamed in a will cannot act because ofnamed in a will cannot act because ofincompetency, refusal to accept the trust,incompetency, refusal to accept the trust,

or failure to ive bond, on the part of oneor failure to ive bond, on the part of oneor more of them, letters testamentaryor more of them, letters testamentarymay issue to such of them as aremay issue to such of them as are

competent, accept and ive bond, and theycompetent, accept and ive bond, and theymay perform the duties and dischare themay perform the duties and dischare thetrust re2uired by the will#trust re2uired by the will#

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Letter of Administration / refer to letterLetter of Administration / refer to letterranted to a person not named in the will asranted to a person not named in the will as

an executoran executor

"ec 4 %hen and to whom letters of"ec 4 %hen and to whom letters of

administration ranted#administration ranted#

f no executor is named in the will, or thef no executor is named in the will, or the

executor or executors are incompetent,executor or executors are incompetent,refuse the trust, or fail to ive bond, or arefuse the trust, or fail to ive bond, or aperson dies intestate, administration shallperson dies intestate, administration shall

be rantedbe ranted

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(a) To the survivin husband or wife, as the(a) To the survivin husband or wife, as thecase may be, or next of -in, or both, in thecase may be, or next of -in, or both, in the

discretion of the court, or to such persondiscretion of the court, or to such personas such survivin husband or wife, or nextas such survivin husband or wife, or nextof -in, re2uests to have appointed, ifof -in, re2uests to have appointed, if

competent and willin to serve*competent and willin to serve*

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(b) f such survivin husband or wife, as the(b) f such survivin husband or wife, as thecase may be, or next of -in, or the personcase may be, or next of -in, or the personselected by them, be incompetent orselected by them, be incompetent or

unwillin, or if the husband or widow, or nextunwillin, or if the husband or widow, or nextof -in, nelects for thirty (5) days after theof -in, nelects for thirty (5) days after thedeath of the person to apply fordeath of the person to apply foradministration or to re2uest thatadministration or to re2uest that

administration be ranted to some otheradministration be ranted to some otherperson, it may be ranted to one or more ofperson, it may be ranted to one or more ofthe principal creditors, if competent andthe principal creditors, if competent andwillin to serve*willin to serve*

(c) f there is no such creditor competent(c) f there is no such creditor competentand willin to serve, it may be ranted to suchand willin to serve, it may be ranted to suchother person as the court may selectother person as the court may select

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6rder of preference6rder of preference (&) +riority in selectin an administrator(&) +riority in selectin an administrator

(a) "urvivin spouse, or next of -in, or(a) "urvivin spouse, or next of -in, orboth, or person as such survivin spouse,both, or person as such survivin spouse,or next of -in, re2uests*or next of -in, re2uests*

(b) 6ne or more of the principal(b) 6ne or more of the principalcreditors if such survivin spouse, orcreditors if such survivin spouse, or

next of -in, or the person selected, benext of -in, or the person selected, beincompetent or unwillin, or if theyincompetent or unwillin, or if theynelect for 5 days after the death ofnelect for 5 days after the death of

the decedent to apply for administrationthe decedent to apply for administration

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or to re2uest that administrationor to re2uest that administrationbe ranted to some other person,be ranted to some other person,it may be ranted to, if competentit may be ranted to, if competent

and willin to serve*and willin to serve*

(c) "uch other person as the(c) "uch other person as thecourt may select#court may select#

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#R# 'o# L/$785 9ay 04, &:30#R# 'o# L/$785 9ay 04, &:30

;

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actsacts ;ulita Relucio was appointed;ulita Relucio was appointed

administratrix of the testate estate ofadministratrix of the testate estate ofelipe Relucio, "r on Au 0$, &:03#elipe Relucio, "r on Au 0$, &:03#

L6renBo, Rolando and Letecia RelucioL6renBo, Rolando and Letecia Reluciofiled opposition on ;une 07, &:3 to thefiled opposition on ;une 07, &:3 to the= of 9anila#= of 9anila#

= 9anila issued order on ;an &3, &:3&= 9anila issued order on ;an &3, &:3&appointin Rolando Relucio asappointin Rolando Relucio asadministrator in substitution toadministrator in substitution to

petitioner, ;ulita Relucio#petitioner, ;ulita Relucio#

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Rolando Relucio filed to obtain aRolando Relucio filed to obtain a

reconsideration then filed notice ofreconsideration then filed notice ofappeal#appeal#

@efore appeal cld be perfected,@efore appeal cld be perfected,Rolando Relucio moved for immediateRolando Relucio moved for immediateexecution of the order appointinexecution of the order appointin

him as administrator#him as administrator#

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n the order of 9arch 0, &:3& courtn the order of 9arch 0, &:3& courtmerely made ref to the letters ofmerely made ref to the letters of

administration issued in favor of Rolndoadministration issued in favor of RolndoRelucio and did not pass on the motion forRelucio and did not pass on the motion forimmediate axecution#immediate axecution#

April 5, &:3& Rolando filed motionApril 5, &:3& Rolando filed motionprayin that petitioner , ;ulita Relucio,prayin that petitioner , ;ulita Relucio,be declared in contempt for failin tobe declared in contempt for failin to

deliver to him after demand all papers,deliver to him after demand all papers,documents, titles and properties of thedocuments, titles and properties of theestate under her administration#estate under her administration#

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$%I denied motion for contempt but$%I denied motion for contempt butappointed &quitable 'ank $orporation asappointed &quitable 'ank $orporation asadministrator.administrator.

$%I ruled that appeal suspended the$%I ruled that appeal suspended theappointment of the Special (dministrator butappointment of the Special (dministrator but

in the same breath it justified thein the same breath it justified theappointment of special administrator byappointment of special administrator byarguing that if the petitioner has to remain asarguing that if the petitioner has to remain asadministratri" during the pendency of heradministratri" during the pendency of her

appeal# )a removed administrator may easilyappeal# )a removed administrator may easilynullify such removal by interposing annullify such removal by interposing anappeal.)appeal.)

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Issue*s+Issue*s+ whether or not a court may legallywhether or not a court may legally

appoint Special (dministrator even ifappoint Special (dministrator even ifthere e"ist a regular administrator,there e"ist a regular administrator,

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eld+eld+

special administrator may be appointed ) section of /ulespecial administrator may be appointed ) section of /ule

0 of the /ules of $ourt+ )When there is delay in granting0 of the /ules of $ourt+ )When there is delay in grantingletters testamentary or of administration occasioned by anletters testamentary or of administration occasioned by an

appeal from the allowance or disallowance of a will# or fromappeal from the allowance or disallowance of a will# or from

any other cause# the court may appoint a specialany other cause# the court may appoint a special

administrator to collect and take charge of the estate of theadministrator to collect and take charge of the estate of the

deceased and e"ecutors or administrators thereupondeceased and e"ecutors or administrators thereuponappointed.appointed.

)and under section 0 of /ule 01 which provides as follows+)and under section 0 of /ule 01 which provides as follows+

)If the e"ecutor or administrator has a claim against the)If the e"ecutor or administrator has a claim against the

estate he represents# he shall give notice thereof# inestate he represents# he shall give notice thereof# inwriting# to the court# and the court shall appoint a specialwriting# to the court# and the court shall appoint a special

administrator who shall# in the adjustment of such claim#administrator who shall# in the adjustment of such claim#

have the same power and be subject to the same liabilityhave the same power and be subject to the same liability

as the general administrator or e"ecutor in the settlementas the general administrator or e"ecutor in the settlementof other claimsof other claims

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There is no pretense that the case at bar is oneThere is no pretense that the case at bar is onefallin under either section & of Rule 8& or sectionfallin under either section & of Rule 8& or section8 of Rule 87# n any view of the case, there is a8 of Rule 87# n any view of the case, there is a

reular administrator#reular administrator#

+endin ;ulitaCs appeal from the order of ;anuary+endin ;ulitaCs appeal from the order of ;anuary

&3, &:3&, the petitioner had the riht to act as&3, &:3&, the petitioner had the riht to act asadministratrix# f the respondent ;ude hadadministratrix# f the respondent ;ude haddecreed the immediate execution of the order ofdecreed the immediate execution of the order of;anuary &3, &:3&, Rolando Relucio would then be;anuary &3, &:3&, Rolando Relucio would then be

the administrator pendin petitionerCs appeal#the administrator pendin petitionerCs appeal#=onse2uently, the respondent ;ude exceeded his=onse2uently, the respondent ;ude exceeded hisDurisdiction in appointin the respondent 12uitableDurisdiction in appointin the respondent 12uitable@an-in =orporation as special administrator#@an-in =orporation as special administrator#

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Wherefore# the petition is hereby grantedWherefore# the petition is hereby grantedand the order of the respondent 2udge ofand the order of the respondent 2udge of

(pril 3# 45# appointing the &quitable(pril 3# 45# appointing the &quitable'anking $orporation as special'anking $orporation as special

(dministrator is set aside# without costs.(dministrator is set aside# without costs.