SPECIAL PROCEEDINGS 3.
Holding an interest adverse to that of the estate or by his conduct shows
RULE 81
Conditions of the bonds:
1. Make within 3 months a true and complete inventory of the property of
the deceased which came to his knowledge and possession;
2. Administer the estate and pay and discharge all debts, legacies and
charges, including dividends declared by the court from the proceeds;
3. Render a true and just account within one year and when required by
the court;
4. Perform all orders of the court.
Conditions of the bonds
1. Make and return a true inventory;
2. Render accounting when required by court; and
3. Deliver the estate to the person appointed executor or administrator or
other authorized persons.
RULE 82
Duty of administrator upon revocation of the letters
1. Surrender the letters to the court; and
2. Render his account within such time as the court may direct.
Grounds for removal of executor or administrator
1. Neglect to perform an order or judgment of the court or a duty expressly
provided by these rules;
2. Absconding; or
3. Insanity or incapability or unsuitability to discharge the trust;
4. Neglect to render accounts (within 1 year and when required by the
court);
5. Neglect to settle estate according to these rules.
Other Valid Grounds for Removal of an Administrator:
1. Adverse interest of an administrator to that of the estate (Garcia v.
2. Physical inability and consequent unsuitability to manage the estate
3. False representation by an administrator in securing his appointment
Examples of valid removal of administrator
1. Disbursement of funds of the estate without judicial approval;
2. False representation by an administrator in securing his appointment;
unfitness to discharge the trust;
4. Physical inability and consequent unsuitability to manage the estate.
Power of the new executor or administrator
1. Collect and settle the estate not administered;
2. Prosecute or defend actions commenced by or against the former
executor or administrator; and
3. Have execution on judgments recovered in the name of former executor
or administrator.
RULE 83
SECTION 2. CERTAIN ARTICLES NOT TO BE INVENTORIED
1. Wearing apparel of the surviving spouse and minor children;
2. Marriage bed and bedding;
3. Provisions and other articles as will necessarily be consumed in the
subsistence of the family of the deceased.
Persons entitled to allowance during proceedings
1. Legitimate surviving spouse and
2. Children of the decedent.
RULE 84
Powers of the executor or administrator of the estate
1. To have access to, and examine and take copies of books and papers
relating to the partnership in case of a deceased partner;
2. To examine and make invoices of the property belonging to the
partnership in case of a deceased partner;
3. To maintain in tenantable repair, houses and other structures and
fences and to deliver the same in such repair to the heirs or devisees
when directed so to do by the court;
4. To make improvements on the properties under administration with
the necessary court approval except for necessary repairs
5. To possess and manage the estate when necessary:
a. For the payment of debts; and
b. For payment of expenses of administration.
Some restrictions on the power of an administrator or executor
 1. Cannot acquire by purchase, even at public or judicial auction, either
in person or mediation of another, the property under administration;
2. Cannot borrow money without authority of the court;
3. Cannot speculate with fund under administration
4. Cannot lease the property for more than one year
5. Cannot continue the business of the deceased unless authorized by
the court
6. Cannot profit by the increase or decrease in the value of the property
under administration.

RULE 85

When accountable:
1. If an executor or administrator:
a. Neglects or unreasonably delays to raise money, by collecting the
debts or selling the real or personal estate of the deceased; or
b. Neglects to pay over the money he has in his hands; and
2. The value of the estate is lessened; or
3. Unnecessary cost or interest accrues; or
4. The persons interested suffer loss.

Compensation if there is no provision in the will

1. PhP4.00 a day for the time actually and necessarily employed; or
2. Commission.
3. A greater sum may be allowed if:
a. The estate is large;
b. The settlement has been attended with great difficulty;
c. The settlement has required a high degree of capacity of the executor
or administrator.

Procedure for collection of attorney’s fees

1. Request the administrator to make payment and file an action against
him in his personal capacity and not as administrator should he fail to
pay; or
2. Petition in the testate or intestate proceeding asking the court, after
notice to all persons interested, to allow his claim and direct the
administrator to pay it as an expense of administration.

Examination may be dispensed with when:

1. No objection is made to the allowance of the account; and
2. Its correctness is satisfactorily established by competent proof.