Why should the motion to compel XYZ to account be denied in a probate case where the testator's funds are held by a bank in Hong Kong?

• A. The writs and processes of a Philippine probate court cannot extend outside the Philippines.
• B. The petition for probate must allege the jurisdictional fact that the testator left estate within the Philippines.
• C. The bank in Hong Kong is subject to Philippine jurisdiction and can be compelled to account.
• D. The administrator may compel foreign banks to account only after obtaining a foreign court order.

Answer: (A)

Writs and processes of a Philippine probate court are territorial and cannot reach beyond the Philippines. The administrator’s duty to account applies to assets the court can bind, and funds held in a Hong Kong bank lie outside the court’s territorial reach. Without a foreign- jurisdictional mechanism or a foreign court’s order, the Philippine probate court lacks authority to compel a foreign bank to account. Therefore, the motion to compel accounting should be denied on this basis.

If there are assets located in the Philippines, those can be pursued in probate and compelled to account; but foreign assets are not subject to Philippine process by mere virtue of a Philippine proceeding.