Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Jurisdiction.
SEC. 599. Jurisdiction. — Courts of First Instance shall have jurisdiction in all matters relating to the settlement of estates and probate of wills of deceased persons, the appointment and removal of guardians and trustees, and the powers, duties, and rights of guardians and wards, trustees and cestuis que trust. This jurisdiction shall be called probate jurisdiction.
Where resident's estate settled.
SEC. 600. Where resident's estate settled. — If an inhabitant of the Philippine Islands dies, whether a citizen or alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance in the province in which he resided at the time of his death.
Where nonresident's estate settled.
SEC. 601. Where nonresident's estate settled. — If a person resided out of the Philippine Islands at the time of his death, his will shall be allowed and recorded, and letters testamentary or of administration shall be granted in the Court of First Instance of any province in which he had estate.
The court once taking, to retain jurisdiction.
SEC. 602. The court once taking, to retain jurisdiction. — When a Court of First Instance in any province has first taken cognizance of the settlement of the estate of a deceased person, as mentioned in the preceding sections, such court shall have jurisdiction of the disposition and settlement of such estate, to the exclusion of all other courts.
Jurisdiction, when may be contested.
SEC. 603. Jurisdiction, when may be contested. — The jurisdiction assumed by a Court of First Instance, for the settlement of an estate, so far as it depends on the place of residence of a person, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the record.
The clerk.
SEC. 604. The clerk. — The clerk of the court shall keep a record of each order, sentence, or decree of the court, and of other things proper to be recorded in the settlement of estates, and give attested copies of files, records, and proceedings of the court as in other cases, on the fees being paid.
Their copies and certificates to be evidence.
SEC. 605. Their copies and certificates to be evidence. — Copies, when attested, shall be evidence in all courts; and certificates of the allowance of a will, of administration, of guardianship, or of trusteeship, attested by the clerk, may be given in evidence and have the same effect as an original record of the allowance of a will, letter of administration, letter of guardianship or trusteeship.
Clerk to sign process, and so forth.
SEC. 606. Clerk to sign process, and so forth. — The clerk may under the direction of the judge, make out and sign letters of administration, guardianship, and trusteeship, and the warrants or other process or written instruments, issuing from the court; but any act required to be performed by the clerk shall be valid if performed by the judge.
Additional duties of clerk in absence of judge.
SEC. 607. Additional duties of clerk in absence of judge. — In the absence of the judge, the clerk may perform all the duties of the judge in receiving applications, petitions, inventories, reports, and the issuance of all orders and notices that follow as a matter of course under the directions of the law, and may also, when directed so to do by the judge, receive the accounts of executors, administrators, and trustees, and all evidence appertaining to them, and offered on hearings in relation to them, or in relation to any other matters appertaining to the settlement of the estates of deceased persons, or guardianship, or trusteeship, and forthwith transmit such reports, accounts, and testimony of the judge, together with his findings in relation to the same, if the judge shall direct him to make findings, and include the same in his report.
Proceedings when judge disqualified.
SEC. 608. Proceedings when judge disqualified. — When a judge, his wife, or child, is an heir or a legatee, or when he is an executor or administrator of the estate of a deceased person, or is interested as a creditor or otherwise in a question to be decided by the court, he shall not act as judge, and in such case the Supreme Court shall designate some other judge to act in his place, in relation to matters wherein he is disqualified.
Fees, and the account thereof.
SEC. 609. Fees, and the account thereof. — The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of business covered by the provisions of this chapter, for which fees are payable, specifying for what business each item of fees has accrued. Receipts shall be given for all fees so received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk shall be subject to the inspection of auditing officers and others interested therein.
May issue process, and so forth.
SEC. 610. May issue process, and so forth. — In the exercise of probate jurisdiction, Courts of First Instance may issue warrants and process in conformity with the rules of law necessary to compel the attendance of witnesses or to carry into effect the orders, sentences, or decrees of such courts, or the powers granted them by law.
May enforce orders by commitment.
SEC. 611. May enforce orders by commitment. — If a person does not perform the order, sentence, or decree of the court in the exercise of its probate jurisdiction, it may issue a warrant for the apprehension and imprisonment of such person until he performs such order, sentence, or decree, or is released by law: Provided, That nothing in this section shall be construed to authorize imprisonment for ordinary debt.
Depositions.
SEC. 612. Depositions. — Depositions taken in accordance with the provisions and under the circumstances provided in this Code for the taking of depositions may be received in probate proceedings.
Costs.
SEC. 613. Costs. — When a person is cited, on complaint of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion, tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).