Short answer. Yes, potentially. Rule 74, Section 5 gives a person outside the Philippines when the ordinary two-year period to file a claim expires one additional year to present the claim, counted from when that disability — being outside the country — is removed, which for someone abroad would generally mean from their return.

What the law says

If on the date of the expiration of the period of two years prescribed in the preceding section the person authorized to file a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one year after such disability is removed.

Rule 74, Section 5 — Period for claim of minor or incapacitated person. Read the full provision →

The one-year extension for someone outside the Philippines

Rule 74, Section 5 gives an extra year to a person authorized to file a claim who, on the date the ordinary two-year period expires, is a minor, mentally incapacitated, in prison, or outside the Philippines. If your sister was abroad on the date the two-year period ran out, she falls squarely within this extension and may present her claim within one year after that disability — being outside the country — is removed.

What triggers the extra year, and what starts its clock

The extension is not extra time added on top of the two years automatically for anyone abroad; it applies specifically to whoever is outside the Philippines on the date the two-year period expires. The one-year clock then runs from when that disability ends — for someone living abroad, the most natural reading is that this means when they are no longer outside the Philippines, though the rule itself does not spell out exactly what act or moment counts as removing the disability.

This is about timing, not about being bound by the settlement

Rule 74 governs the period during which an heir who did not participate in an extrajudicial settlement may still come forward and claim a share. Section 5 is specifically about extending that filing period for heirs under a recognized disability at the moment it would otherwise lapse — it does not by itself say what the claim must show or how the share is computed once filed, only that the door to file remains open longer for someone in your sister's position.

Why the extension exists

The extension recognizes that a minor, someone mentally incapacitated, someone in prison, or someone outside the Philippines is not realistically positioned to learn about and act on an extrajudicial settlement within the same two years available to heirs who are present and able to act. Tying the extra year to when the disability is removed, rather than granting a fixed further period regardless of circumstances, keeps the extension linked to the actual reason the heir could not act sooner.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.