SPECPRO

I.

Actions by and against executors and administrators Rule 87

1.
What is the rule regarding actions for recovery of contractual obligations and the
defendant dies during the proceedings?
2.
What about those actions where the plaintiff was the one who died, will the action
survive?
3.

What actions may and may not be brought against executor or administrator?

4.
An action for specific performance of a contract to convey land and to lease the same
made by a deceased person was filed against the administrator of Cs estate. Is this proper?
5.
What can the executor or administrator legally do to recover or to protect the
decedents rights or property?
6.
What other acts does the phrase for the recovery or protection of the property or rights
of the deceased cover?
7.
An action was filed against the administration to compel the latter to perform an
onerous perfect donation of money made by the deceased. Is this proper?
8.
An action was filed against the administration for recognition of a natural child. Is this
proper?
9.
M, through his negligent acts, injured N. N sued M for damages. During the case, M
died. The case was continued against the administrator of Ms estate. Is this proper?
10.
S maliciously charged C with Estafa but the court acquitted C. C sued S for damages
due to malicious prosecution. While the case was pending, S died. The case was continued
against the administrator of Ms estate. Is this proper?
11.
O sued P for the recovery of possession of Os pearl necklace which she lent to P.
During the pendency of the proceedings, O died. The case was continued against the
administrator of Ms estate. Is this proper?
12.
R obligated himself to deliver property L in the latters capacity as natural guardian or
representative of the minor B. The only person who can compel R to deliver such property is
L, since by nature of such right, only L can compel performance. If, before delivery, L dies, can
the administrator of Ls estate compel R to make delivery?
14.

Does the substituting administrator need to be served summons?

10.
During the settlement proceedings, can the heirs or devisees sue the executor or
administrator for recovery of title or possession of lands or for damages done to such land?

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15.

What is the remedy of the said heirs or devisees if there are no special proceedings?

16.
Ds heir sold his share of his interest in the estate during the pendency of the settlement
of Ds estate. Is the sale valid?
17.
May the executor or administrator compound a debt due with the debtor of the
deceased?
18.

When can the executor or administrator discharge a debt?

19.

What is the reason behind the rule found in Sec. 4, Rule 87?

20.

What does compounding a debt mean?

21.
Can the executor or administrator foreclose a mortgage belonging to the estate of a
deceased person?
22.
The administrator commenced foreclosure proceedings on a mortgage owing to Bs
estate with the prayer to distribute the proceeds thereof to the heirs. Is this proper?
23.
What are the proceedings when property pertaining to the estate is concealed,
embezzled or fraudulently conveyed?
24.

What is the purpose of the examination requirement in Sec. 6, Rule 87?

25.
If after the examination, there is good reason to believe that the person examined has
property of the deceased in his possession, what should the administrator do next?
26.
What is the administrators remedy if he desires to obtain documents belonging to the
estate which the person examined is supposed to have in his possession?
27.
During the settlement of Bs estate, the administrator asked the probate court to direct
C, who allegedly possessed the pawn ticket and jewelry belonging to Bs estate, to turn over
the same. Is this proper?
28.
Is the remedy of certiorari appropriate to compel the judge to perform his duty under
Sec. 6, Rule 87?
29.
When can the person who is entrusted with the estate be compelled to render an
account?
30.
What is the liability of a person who before the granting of the letters testamentary or of
administration of the estate of the deceased, embezzles or alienates the property of the
deceased?
31.

To which act does the phrase double the value liability apply?

32.
A died leaving a store which was ran by his trusted manager B even after his death. B
used the sales of the store to pay the debts contracted in running the business. The
administrator of As estate invoked the double the value liability rule against B. Is this correct?

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33.
What is the remedy where property belonging to the estate was fraudulently conveyed
by the deceased?
34.

What kind of fraud does Sec. 9 deal with?

35.

What is constructive fraud?

36.
When may the creditor himself bring the action for recovery of the properties the
decedent fraudulently conveyed?
37.
What are the requisites in order that the creditor may commence and prosecute the
action to recover fraudulently conveyed properties of the debtor? (Heirs of Gregoire vs. Baker,
51 Phil 75)
26.
What are the requisites to file the action if the grantee of the fraudulent
conveyance is the executor or administrator himself?
II.

Payment of the debts of the estate Rule 88

1.
What must the executor or administrator do if, after hearing all the money claims
against the estate, and after ascertaining the amount of such claims, it appears that there are
sufficient assets to pay debts?
2.

Are the heirs responsible for the obligations of the decedent with their own property?

3.

Is it possible for the heirs to be liable for the debts of the decedent?

4.
The court upon motion issued a writ of execution for the payment of the debts and
expenses of administration. Is this proper?
5.
What is the rule when the testator provides for the manner in which debts and expenses
shall be paid?
6.

Which property should first be spent to pay off debts and expenses?

7.
Upon motion, the court ordered the heirs to deliver to administrator of the estate the
necessary portion of such funds for the payment of any claim against the estate. Is this
proper?
8.

When does the court order the retention of part of the estate?

9.

How is an absolute contingent claim paid?

6.

What is the indispensable requirement before a contingent claim may be paid?

7.
If the contingent claim matures within 2 years from the time limited for other creditors to
present their claims, what should be done?
8.

What happens if the maturity of the claim is not proved within the 2 year period?

9.
If the contingent claim matures after expiration of 2 years, what is the creditors
remedy?
10.

What is the effect of the discharge of a contingent claim in a bankruptcy proceeding?

11.

When does the court fix contributive shares?

12.

What is the situation contemplated in Sec. 6, Rule 89?

13.
What must the court do where the heirs, devisees and legatees have taken possession
of the estate before the debts and expenses are settled and paid?
14.

What is the order of payment is the estate is insolvent?

15.

What is the rule on payment of dividends to the creditors?

16.

How are estates of insolvent non-residents disposed?

17.

What are the components of Sec. 9, Rule 88?

18.
When and how should claims proved abroad against an insolvent residents estate be
paid?
19.
When does the court order payment of debts and distribution of the assets of the
estate?
20.
When can the court suspend the order for payment of debts or order distribution
among those creditors whose claims are allowed?
21.
22.

What must the court do when a dispute is finally settled?

When may the court make further orders for the distribution of assets?

23.
When an order is issued for the distribution of assets, what is the duty of the executor
or administrator?
24.

What is the prescribed period for paying the debts and legacies of the deceased?

25.
How shall the executor or administrator pay the debts of the estate where there
are sufficient assets to pay the debts?
26.
How shall the executor or administrator pay the debts of the estate where the estate is
insolvent?
26.

How shall payments of the debts of the decedent be made?

27.

Is execution a proper procedure for the payment of debts and expenses of

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administration?
28.

Are there exceptions to the foregoing rule?

29.
What is the period that the E or A must observe to dispose of the estate and pay
the debts and legacies of the decedent?
III.

Sales and encumbrances of property of decedent Rule 89

1.

When may the court order the whole or a part of the personal estate to be sold?

2.

When may the court order the whole or a part of the real estate to be sold?

3.

Can the sale be stopped?

4.
When may the court authorize the sale of the estate as beneficial for 3 rd persons
and how are the proceeds disposed?
5.
When may the court authorize the sale of the estate to pay off debts and legacies
in other countries?
6.
7.
8.
trust?
XIII.

When may the court authorize the sale of realty on execution or foreclosure?
What is the procedure for obtaining authority from the court to sell the estate?
When may the court authorize the conveyance of lands which the decedent held in
DISTRIBUTION AND PARTITION OF THE ESTATE
RULE 90

DISTRIBUTION AND PARTITION OF THE ESTATE

1.

When is the residual estate ordered to be distributed?

2.

What is the rule on hearing questions as to advancement?

3.

Who pays for expenses of partition?

4.

Where shall the order of partition be recorded?

Five. What are the requirements for the distribution of the estate?
Six.

Are there exceptions to the foregoing rule?

7.
Aside from adjudication of the estate to the heirs, legatees, devisees and creditors the
court in the same proceeding can promulgate judgment, to wit: