Text of the provision
Sec. 5. Hearing and order for letters to issue. — At the hearing of the petition, it must first be shown that notice has been given as hereinabove required, and thereafter the court shall hear the proofs of the parties in support of their respective allegations, and if satisfied that the decedent left no will, or that there is no competent and willing executor, it shall order the issuance of letters of administration to the party best entitled thereto.
Rules of Court, Rule 79, Section 5. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 5 of Rule 79 (Opposing Issuance Of Letters Testamentary. Petition And Contest For Letters Of Administration) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.
Related provisions
- Section 4 — Opposition to petition for administration.
- Section 6 — When letters of administration granted to any applicant.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.