November 10, 2024
In the recent case of In Re: Petition for the Allowance of Will Proved Outside of the Philippines and Administration of Estate under Rule 77 of the Rules of Court, Allison Lynn Akana, G.R. No. 269883, May 13, 2024, the Supreme Court held that wills probated abroad may be reprobated in the Philippines and it is the RTC which has jurisdiction over such reprobation.
The Supreme Court found the petition of Allison meritorious and held that jurisdiction over reprobate proceedings lies with the RTC. Reprobate is a special proceeding to establish the validity of a will proved in a foreign country and is specifically governed by Rule 77 of the Rules of Court. Section 1 provides that jurisdiction over petition for reprobate lies with the CFR, i.e., the RTC.
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