The will was executed in the Philippines.
The will was executed in such foreign country.
None of the above.
Which is not correct? A special administrator has the power to:
Commence and maintain suits as administrator.
Take possession of the estate of the deceased.
Sell any property of the estate without court authority.
Pay the debts of the deceased upon order of the court.
The actions, which may be filed against an executor or administrator, do not include:
recovery of real or personal property from the estate.
recovery of an interest in such property.
enforcement of a lien on such property.
recovery of a loan evidenced by a promissory note signed by the decedent.
A probate court can:
issue writs of execution in all cases.
not issue a writ of execution in any case.
issue a writ of execution in only three (3) instances.
Issue writs of execution in five instances
The residue of the estate of a decedent may be distributed to the heirs, even before all the obligations of the estate havebeen paid if the distributees or any of them gives a bond to guarantee the payment of the unpaid obligations within the timefixed by the court:
in a sum fixed by the court.
in an amount equal to twice the said unpaid obligations.
a cash bond equal to the amount of the said unpaid obligations.
No bond is required.
The venue of a petition for the escheat of the estate of a decedent who was a resident of the Philippines is:
his residence at the time of his death.
the place of his death.
any of the places where his properties are located.
the place where he last resided.
All except one of the following is true with respect to confessions:a.It is a categorical acknowledgment of guilt.
b.It must always be express, never implied.
c.It may be made by third persons and, in certain cases, are admissible against a party.d.It may be made only by the party himself and, in some instances, are admissible against his co-accused.
What is NOT allowed to happen in enforcing a foreign judgment in the Philippines?
a.The court with which the action to enforce the foreign judgment is filed takes judicial notice of theforeign judgment.
b.The party who files the action presents a certified true copy of the judgment by the clerk of the court of theforeign tribunal that rendered it.c.The party who files the action presents a certification from the Philippine diplomatic representative in the saidforeign country that the person who issued the copy is the legal custodian thereof.d.All of the above
What is NOT a requisite in order for the Dead Man’s Statute to be applicable?a.The witness is a party or an assignor of a party