RULE 79; RRCOPPOSING ISSUANCE OF LETTERS OF TESTAMENTARY,
PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION1What is the main
issue in an administration proceeding?Who is the person rightfully
entitled to administration. WHO CAN OPPOSE TO ISSUE\]
2Who may oppose the issuance of letters? GENERAL RULE: Any
person interested in the will may state in writing the grounds why
the letter testimentary should not be issued to the person, or any
of them be named executor (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. WHAT WILL THE COURT
DO? The court after hearing upon notice shall pass upon the
sufficiency of such groundsNOTE: A petition may at the same time be
applied for letter of administration with the will annexedWhat are
the contents of a petition for letters of administration?It must be
filed by an interested person and must show:a. jurisdictional
facts; b. name, age, residence of heirs and creditors;c. probable
value and character of the estate; andd. name of the person for
whom letters is prayed for.No defect in the petition shall render
void the issuance of the letters of administration. (Sec. 2)WHAT
WILL THE COURT HAVING JURISDICTION DO WHEN A PETITION FOR
ADMINISTRATION IS FILED WITHIN IT? The court shall:a. fix the time
and place of the hearing of the petition b. cause the publication
for 3 Weeks and notice to heirs, creditors and other persons
believed to have an interest in the estate is required before
hearing. (Sec. 3, please relate this to Secs. 3 & 4, Rule
76)WHO MAY OPPOSE A LETTER OF ADMINISTRATION?Any person may by
filing a written opposition, contesting the petition ( Sec.4)WHAT
ARE THE GROUNDS TO OPPOSE LETTERS TESTAMENTARY AND A PETITION FOR
ADMINISTRATION?In Letters TestamentaryincompetenceIn Letters of
Administrationincompetence; preferential right of the heir under
Sec. 6, Rule 78. ( the contestants own right to the administration,
Sec. 4)NOTE: the contestant may pray that the letter be issued to
himself or to any competent person/persons named in the opposition.
WHAT SHALL HAPPEN DURING THE HEARING OF THE PETITION FOR
ADMINISTRATION?1.It must be shown that notice has been given;2.The
court shall hear the proofs of the parties in support of their
respective allegations;3.If satisfied that:a. The decedent left no
willb. No competent and willing executorOrder the issuance of the
letter of administration to the party best entitled thereto
(Sec.5)WHO MAY BE GRANTED A LETTER OF ADMINISTRATION? The court my
grant letters of administration to any qualified applicant,
although it appear that there may that there are other competent
persons having a better right of administrationIf such person:a.
fails to appear when notifiedb.claim the issuance of the letters
themselves ( Sec.6)
