SPECIAL PROCEEDINGS FINAL EXAMINATIONS TSU College of Law SY 2012-2013

NAME:

Steve Russel P. Regua SCORE: ________

1. Give the jurisdictional facts that must be alleged in a petition for a. Judicial Settlement of Intestate Estate  The following must be alleged, to wit: i. The Citizenship and Residence of the Decedent. If he is a resident of the Philippines whether alien or not, the court of the place of his residence upon death shall have jurisdiction. ii. Place or location of the estate. If he is not a resident, the court of the place where he had his estate shall have jurisdiction. iii. Gross value of the estate. If the estate is less than P300, 000.00 or P400, 000.00 in Metro Manila the Municipal Trial Court shall have the jurisdiction. If the estate exceeds the above-mentioned amount the Regional Trial Court shall have the jurisdiction. b. Probate of Will  The following must be alleged, to wit: i. The Citizenship and Residence of the Decedent. If he is a resident of the Philippines whether alien or not, the court of the place of his residence upon death shall have jurisdiction. ii. Place or location of the estate. If he is not a resident, the court of the place where he had his estate shall have jurisdiction. iii. Gross value of the estate. If the estate is less than P300, 000.00 or P400, 000.00 in Metro Manila the Municipal Trial Court shall have the jurisdiction. If the estate exceeds the above-mentioned amount the Regional Trial Court shall have the jurisdiction. c. Guardianship of a Minor Child  The following must be alleged, to wit: i. Residence of the minor. The Family Court of the city, town, or province where the minor actually resides has jurisdiction. ii. Place or location of the property of the minor. If the minor resides in a foreign country, the Family Court of the province or city or town where the property or part of the property of the minor is situated.

For domestic adoption. forcing Gina. Residence of the petitioner. or it can also be filed directly with the Inter-Country Adoption Board. the Family Court of the province. or town where the child resides shall have jurisdiction. The law and cases are clear in stating that if the purpose of the declaration of presumptive death is to contract a valid . 2007. A year thereafter. The Office of the Solicitor General (OSG) filed a Notice of Appeal with the RTC. ii. ii. Gina had absolutely no communications with Frank. Residence of the child to be adopted. e. Gina found employment as a domestic helper in Singapore. stating that it was appealing the decision to the Court of Appeals on questions of fact and law. to live with her parents. a . so that she could marry Willie. Gina met and fell in love with Willie. Location of the Civil Registry where the record is kept. or town where the adopter resides shall have jurisdiction. nor did she hear any news about him. to wit: i. Frank exhibited a violent temperament. Residence of the adopter. (10%) 2. On July 4. The Regional Trial Court where the office of the civil registrar where the record subject of the petition is kept shall have jurisdiction.d. where she worked for ten consecutive years. 1987 in Manila. for reasons of personal safety. The Regional Trial Court of the place where the petitioner resides for years prior to the petition shall have the jurisdiction. The RTC granted Gina’s petition. While in Singapore. Gina filed a petition with the RTC of Manila to declare Frank presumptively dead. city. city. Barely a year after the wedding. the Family Court of the province. For inter-country adoption. Correction of Entry in a Birth Certificate  The following must be alleged. Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not? (3%)  The Petition for Declaration of Presumptive Death under this case is not a special proceeding. Frank and Gina were married on June 12. Adoption  The following must be alleged. to wit: i. All the time she was abroad.

will you give due course to the OS’s Notice of Appeal? Explain. No.subsequent marriage. but not totally regarding the prescription. xxx “there is no doubt that the petition of Apolinaria Jomoc required. Suzy appeared. Rosie and the three children are correct regarding the publication. and three children executed a deed of extrajudicial settlement of his estate. The deed was properly published and registered with the Office of the Register of Deeds.) xxx 3. (Republic of the Philippines v. the filing of a Notice of Appeal from the trial court’s order sufficed. therefore. . His wife. it is gathered that the petition of Apolinaria Jomoc to have her absent spouse declared presumptively dead had for its purpose her desire to contract a valid subsequent marriage. the petition for that instance is not a special proceeding but a summary proceeding. (3%)  Yes. a summary proceeding under the Family Code. the petition for that purpose is a "summary proceeding. 41. She sought to annul the settlement alleging that she was deprived of her rightful share in the estate. It being a summary ordinary proceeding. and (2) Suzy’s cause of action had already prescribed. 2005) xxx b. Rosie and the three children contended that (1) the publication of the deed constituted constructive notice to the whole world. and is. Rosie.” (Emphasis Supplied. claiming to be the illegitimate child of Pinoy.R. Ergo. It is very impossible and impracticable to require an heir to personally notify all other interested parties on the estate of the decedent especially if some of them are totally unknown to him. Three years thereafter. paragraph 2 of the Family Code." following above-quoted Art. The Honorable Court of Appeals G. Pinoy died without a will. Since it is already clear that the petition is in the nature of a summary proceeding and not a special proceeding the Filing of the Notice of Appeal by the OS shall suffice. 163604 May 6. the law allows a publication and that publication shall be sufficient and shall constitute a constructive notice to the whole world. not a special proceeding under the Revised Rules of Court appeal for which calls for the filing of a Record on Appeal. xxx By the trial court’s citation of Article 41 of the Family Code. As the RTC judge who granted Gina’s petition. Ibid. Hence. and should therefore bind Suzy. Are Rosie and the three children correct? Explain. (3%)  Yes.

(Emphasis. writ of habeas corpus. The petition may be filed on any day and at any time with the Regional Trial Court of the place where the person is illegally detained.  For Writ of Habeas Data. — xxx xxxx. or with the Supreme Court which will be enforceable anywhere in the Philippines.e. The petition may be filed with the Regional Trial Court where the petitioner or respondent resides. Italics. or with the Sandiganbayan. and security of a person is violated or threatened. at the option of the petitioner. The petition can be filed when a person is illegally detained by another person or group of persons where that person has no right nor legal duty to make the detention. writ of habeas data and writ of kalikasan? (8%)  For Writ of Amparo. Rule on the Writ of Amparo). but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof. with the Court of Appeals on instances allowed by law and applicable anywhere in the Philippines.) 4. and that she did not participate in the proceedings. or any justice of such courts. The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of . with Sandiganbayan only in aid of its appellate jurisdiction. What are the grounds and where do we file a petition for writ of amparo. liberty. 3.  For Writ of Habeas Corpus. The petition can be filed when the right to life. Therefore. and Underlining supplied. the Court of Appeals. The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the nest succeeding section. i. the Supreme Court. The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat. Extrajudicial settlement by agreement between heirs. collected or stored. act or omission was committed or any of its elements occurred. The writ shall be enforceable anywhere in the Philippines. or that which has jurisdiction over the place where the data or information is gathered. (Sec. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent. RULE 74 Summary Settlement of Estate Section 1.Regarding prescription. the failure to claim against the estate within the two-year period as required by law will only raise a PRESUMPTION that there is no longer any claim against the estate and not a conclusion. that she has no means to be able to read the publication. even if the two-year period had lapsed the cause of action of a legal heir does not yet prescribe if she can prove that she was not notified.

and the deceased in his lifetime had conveyed real or personal property. (Rule on the Writ of Habeas Data)  For Writ of Kalikasan. The writ can be filed with the Supreme Court or with the Court of Appeals. debt. not unless the creditors making the application pay such part of the costs and expenses. Rules of Procedure for Environmental Cases) 5. Luna moved to dismiss the action on the ground that the dispute should be resolved in the estate proceedings. not in a separate civil case. The petition is available to any person whose right to privacy in life. family. people’s organization. Section 9. debt. interest. as the court deems equitable. or credit for the benefit of the creditors. the executor or administrator may commence and prosecute to final judgment an action for the recovery of such property. Property fraudulently conveyed by deceased may be recovered. interest. Yes. Apart from the case for the settlement of her parent’s estate. — When there is a deficiency of assets in the hands of an executor or administrator for the payment of debts and expenses of administration. When executor or administrator must bring action. entity authorized by law. (3%) A. or threatened with violation by an unlawful act or omission of a public official or employee. (Rule 7.government offices. cite and write the applicable legal provision. right. the filing of the separate action is proper. health or property of inhabitants in two or more cities or provinces. or an debt or credit. for reconveyance of title to a piece of land. involving environmental damage of such magnitude as to prejudice the life. Maria filed an action against her sister Luna. or private individual or entity. or had so conveyed such property. but the estate proceeding must be suspended in the meantime. collecting or storing of data or information regarding the person. or a right or interest therein. Maria claimed that Luna forged the signatures of their parents to make it appear that they sold the land to her when they did not thus prejudicing Maria’s legitime. Special Proceedings) B. with intent to defraud his creditors or to avoid any right. questions of collation should be resolved in the estate proceedings. No. The writ is a remedy available to a natural or juridical person. on behalf of persons whose constitutional right to a balanced and healthful ecology is violated. or give security therefor to the executor or administrator. non-governmental organization. or of a private individual or entity engaged in the gathering. or any public interest group accredited by or registered with any government agency. (Rule 87. liberty or security is violated or threatened by an unlawful act or omission of a public official or employee. right. Is Luna correct? After choosing your answer. and the subject of the attempted conveyance would be liable to attachment by any of them in his lifetime. . but he shall not be bound to commence the action unless on application of the creditors of the deceased. debt or credit that by law the conveyance would be void as against his creditors. home and correspondence of the aggrieved party. or duty.

he filed a notice of dismissal. After the required publication but before any opposition could be received. since questions of ownership of property cannot be resolved in the estate proceedings. Grounds for disallowing will. Special Proceedings) D. (b) xxx xxx. This time however. Ensure the compensation for his services to the ward. cite and write the applicable legal provision. B. (3%) A. in the sense that Maria needs to wait until the estate case has been terminated. Which of the following is a duty enjoined on the guardian and covered by his bond? After choosing your answer. the court issued an order confirming the dismissal of the case with prejudice. since the rule on dismissal of action upon the plaintiff’s notice applies and the two cases involve a change in name. No. Yes. Five days later. (3%) A. The testator intended a unwittingly executed a will. Is the dismissal with prejudice correct? (3%) Yes. All of the above. Angel Kubeta filed a petition to change his first name :ANGEL. he filed a notice of dismissal. — The will shall be disallowed in any of the following cases: (a) xxx xxx. Which of the following is sufficient to disallow a will on the ground of mistake? After choosing your answer. he filed another petition. 8. donation intervivos but Section 9. after publication and before any opposition could be made. custody and education of the ward. The court confirmed the dismissal without prejudice. cite and write the applicable legal provision. D. (Rule 96. this time to change his surname KUBETA Again. Provide for the proper care. 6. . Raise the ward to become a responsible member of society C.C. 7.

Liability of distributees and estate. contested by an heir if no third person is affected. since he filed it more than 2 days after receipt of the order denying his motion for reconsideration. the court in which the action is pending may properly: (3%) After choosing your answer. C. Xxx xxx. Dorothy filed a petition for writ of habeas corpus against her husband. Special Proceedings) B. Section 4. Roy to get from him custody of their 5 year old son. The inclusion or distribution among the heirs of properties not belonging to the testator C. and Italics provided.(c) xxx xxx. (d) xxx xxx.Rule 74. Rule 76. (Emphasis. In proceedings for the settlement of the estate of deceased persons. Did he file a timely notice of appeal? (3%) No. that an heir or other person has been unduly deprived of his lawful participation in the estate. cite the appropriate legal provision A. (Emphasis and underlining supplied. Special Proceeding) B. Pass upon with the consent of all the heirs the issue of ownership of estate asset. . An error in the description of the land devised in the will. and he did not intend that the instrument should be his will at the time of fixing his signature thereto. D. Roy sought reconsideration but the court denied it. such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. 10. Jeff. An error in the name of the person nominated as executor. 9. — If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule. The court granted the petition and required Roy to turn over Jeff to his mother. Underlining. Rule on a claim by one of the heirs that an estate asset was held in trust for him by the deceased. Rescind a contract of lease entered into by the deceased before death on the ground of contractual breach by the lessee. e) If the signature of the testator was procured by fraud or trick. He filed a notice of appeal five days from receipt of the order denying his motion for reconsideration.

cite and write the applicable legal provision. insisting that the modes of discovery apply only to ordinary civil actions. or contingent. the debtor may set forth by answer the claims he has against the decedent. and judgment for money against the decent. Rule 1 Rules of Court) Xxx xxx. Unenforced money judgment against the decedent. — All claims for money against the decent. arising from contract. instead of presenting them independently to the court as herein provided. and mutual claims may be set off against each other in such action. Claims which must be filed under the notice. Claims for damages arising from quasi-delict. must be filed within the time limited in the notice. When the law is clear and unequivocal there is no room for further interpretation. Rule on the matter. section 3 that the rule shall govern procedures in criminal. otherwise they are barred forever. Section 5. civil. and special proceedings. with death occurring before levy on execution of the property. the amount so determined shall be . (3%) A. (3%)  The administrator is misguided. 12. — These Rules shall govern the procedure to be observed in actions. except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. barred. express or implied. Section 3. Pass upon question of ownership of a real property in the name of the deceased but claimed by a stranger. civil or criminal and special proceedings. or prosecutes an action already commenced by the deceased in his lifetime.D. 11. On his part the heir/oppositor served written interrogatories to the administrator preparatory to presenting the latter as a witness. Which of the following claims survive the death of the defendant and need not be presented as a claim against the estate? After choosing your answer. It is clear and explicit in the Rules of Court under Rule 1. exceptions. not due. not special proceedings. (Emphasis Supplied. If not filed. the objection of the administrator should not be given any credence and it should be clear that modes of discovery as covered in the Rules of Court shall be applicable in all proceedings. The administrator objected. C. Where an executor or administrator commences an action. An heir/oppositor in a probate proceeding filed a motion to remove the administrator on the grounds of neglect of duties as administrator and absence from the country. Cases governed. whether the same be due. Contingent money claims arising from contract. all claims for funeral expenses and expense for the last sickness of the decedent. hence. B. and if final judgment is rendered in favor of the defendant.

or contingent. Alex filed a petition for writ of amparo against Melba relative to his daughter Toni’s involuntary disappearance. substantial evidence. substantial evidence. as though the claim had been presented directly before the court in the administration proceedings. Claims not yet due. probable cause. and italics supplied. have not exerted earnest effort toward a compromise prior to the filing of the petition. Her sister Sophia moved to dismiss the petition on the ground that the parties. proof beyond reasonable doubt. (Emphasis. ordinary diligence. D. . C. For Alex. When the criminal action is filed after the Amparo petition. underlining. For Alex. the latter shall be dismissed. the latter shall be consolidated with the first. Yes. 14. The proceeding in an Amparo petition is criminal in nature. as members of the same family. B. What is the quantum of evidence required to establish the parties' respective claims? (3%) A. C. Yes. 13. Anna filed a petition for appointment as regular administratrix of her fathers' estate. B. 13. C. since such earnest effort is jurisdictional in all estate cases.considered the true balance against the estate. Claims for funeral expenses. No. since such earnest effort is required prior to the filing of the case. No. No separate criminal action may be instituted after an Amparo petition is filed. Should the petition be dismissed? (1%) A. since such earnest effort is not required in special proceedings. days before Toni disappeared. Alex said that Melba was Toni's employer. D. Rule 86 Special Proceedings) D. preponderance of evidence. since such earnest effort toward a compromise is not required in summary proceedings. threatened to get rid of her at all costs. For both. When the criminal action is filed after the Amparo petition. may be approved at their present value. Melba countered that she had nothing to do with Toni's disappearance and that she took steps to ascertain Toni's whereabouts. who. for Melba. D. for Melba. substantial evidence. On the other hand. for Melba. B. What is the right correlation between a criminal action and a petition for Writ of Amparo both arising from the same set of facts? (3%) A. For Alex.

Xxx xxx. (355a) Art. b) order appointing an administrator. The Family Code of the Philippines) . (3%) a) order appointing a special administrator. c) hold departure order. In case of death. xxx. 214. the following person shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent. c) order of an administrator to recover property of the estate. c) a paternal grandparent Art. as provided in Art. (Section 14.14. (3%) a) an older brother or sister who is over 18 years old. Xxx xxx. cite and write the applicable legal provision. 216. 16. or the distributive share of the estate to which such person is entitled. In default of parents. b) the actual custodian over 21 years old. xxx. In default of parents or a judicially appointed guardian. b) witness protection order. (Emphasis. and underscoring supplied. In settlement proceedings. 17. the court may appoint a guardian for a minor giving first preference to: After choosing your answer. cite and write the applicable legal provision. appeal may be taken from an: After choosing your answer. where such order or judgment: Xxx xxx. interim relief orders may be issued by the Court except: (1%) a) production order. 214. absence or unsuitability of the parents. Under the Rules on the Writ of Amparo.-An interested person may appeal in special proceedings from an order or judgment rendered by a Regional Trial Court [or a Juvenile.Rule on the Writ of Amparo) d) temporary protection order. and Domestic Relations Court]. d) order to include or exclude property from the estate. Orders or judgments from which appeals may be taken. RULE 109 APPEALS IN SPECIAL PROCEEDINGS SECTION 1. substitute parental authority shall be exercised by the surviving grandparent. (b) Determines who are the lawful heirs of a deceased person.

Special Proceedings) b) Escheat. A wants to file a Petition for Writ of Habeas Data against the AFP in connection with threats to his life allegedly made by AFP intelligence officers. cite and write the applicable legal provision. 3 Where to file. Xxx xxx. (Emphasis. Santos who is from AFP. xxx xxx. A can file his petition with: After choosing your answer. arising from contract. Sec. d) Constitution of Family Home. Santos resides. b) money claims be filed with the clerk of court within the time prescribed by the rules. Which of the following is not a Special Proceeding? (1%) a) Absentees. c) Supreme Court. Sec. Rule on the Writ of Habeas Data d) Court of Appeals 19. (Rule 74. 1. and judgment for money against the . (Rule 72. — All claims for money against the decent.d) an uncle or aunt over 21 years old 18. express or implied. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent. an heir unduly deprived of participation in the estate may compel the re-settlement of the estate. Special Proceedings) After choosing your answer. The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government offices. execution of a money judgment may be done by: a) presenting the judgment as a claim for payment against the estate in a special proceeding. b) RTC where Sgt. not due. The statute of "non-claims" requires that: a) claims against the estate be published by the creditors. If the judgment debtor dies after entry of judgment. whether the same be due. (3%) a) RTC where AFP is located. Claims which must be filed under the notice. cite and write the applicable legal provision. If not filed. barred. or contingent. Section 1. and underscoring supplied. all claims for funeral expenses and expense for the last sickness of the decedent. (3%) 20. d) within two (2) years after settlement and distribution of the estate. A needs copies of AFP highly classified intelligence reports collected by Sgt. c) claims of an executor or administrator against the estate be filed with the special administrator. Section 5. 21. c) Change of First Name. exceptions.

instead of presenting them independently to the court as herein provided. c) 5 years from date of registration of the judgment to file a claim. (3%) 23. except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. but a claim not made within the said time shall be forever barred. have the same power and be subject to the same liability as the general administrator or executor in the settlement of other claims. Section 4. the debtor may set forth by answer the claims he has against the decedent. legatee. he shall give notice thereof. and underscoring supplied. The court may order the executor or administrator to pay to the special administrator necessary funds to defend such claim. — If the executor or administrator has a claim against the estate he represents. and the court shall appoint a special administrator. widower. or if sold. d) move for substitution of the heirs of the debtor and secure a writ of execution. After choosing your answer. the amount so determined shall be considered the true balance against the estate. d) 2 years from date of registration of the judgment to file a claim. c) regular administrator has a claim against estate represents. A person entitled to the estate of a deceased person escheated in favor of the State has: a) 5 years from date of judgment to file a claim. Claims not yet due. or prosecutes an action already commenced by the deceased in his lifetime. may be approved at their present value. — If a devisee. After choosing your answer. and underscoring supplied. Rule 86. and if final judgment is rendered in favor of the defendant. (Emphasis. Special Proceedings) he . cite and write the applicable legal provision. (3%) 22. heir. or other person entitled to such estate appears and files a claim thereto with the court within five (5) years from the date of such judgment. cite and write the applicable legal provision. to the court. Where an executor or administrator commences an action. in writing. Special Proceeding) b) 2 years from date of judgment to file a claim. Rule 86. and mutual claims may be set off against each other in such action. Rule 91. and underscoring supplied. widow. who shall. as though the claim had been presented directly before the court in the administration proceedings. Special Proceedings) b) filing a claim for the money judgment with the special administrator of the estate of the debtor. b) the executor fails to render an account.decent. must be filed within the time limited in the notice. such person shall have possession of and title to the same. Claim of executor or administrator against an estate. Section 8. the municipality or city shall be accountable to him for the proceeds after deducting reasonable charges for the care of the estate. or contingent. in the adjustment of such claim. otherwise they are barred forever. A special administrator may be appointed by a court when: a) the executor cannot post a bond. When and by whom claim to estate filed. c) filing a claim for the money judgment with the debtor's successor in interest. (Emphasis. (Emphasis.

An heir/oppositor in a probate proceeding filed a motion to remove the administrator on the grounds of neglect of duties as administrator and absence from the country. grounds. The administrator objected. — A minor or other incapacitated person may. After choosing your answer. section 3 that the rule shall govern procedures in criminal. (3%) 24.(Rule 100. the objection of the administrator should not be given any credence and it should be clear that . the judge must: a) advise A and B to just disinherit the nephew. Special Proceeding) c) refer the petition to the DSWD. The adopter may. They filed an action for revocation of the adoption on May 1. hence. (3%)  The administrator is misguided. It is clear and explicit in the Rules of Court under Rule 1. After choosing your answer. petition for the rescission or revocation of his or her adoption for the same causes that authorize the deprivation of parental authority.d) a Motion for Reconsideration is filed with respect to a decision disallowing probate of a will. likewise. Based on the Rules of Domestic Adoption. b) disallow the revocation. cite and write the applicable legal provision. Section 1. petition the court for the rescission of revocation of the adoption in any of these cases: (a) If the adopted person has attempted against the file of the adopter. civil. cite and write the applicable legal provision. 1998 on the ground that their nephew neglected them. through a guardian or guardian ad litem. Who may file petition.  Mere neglect is not one of the grounds for revocation of adoption. Rule on the matter. not special proceedings. (3%) 25. (c) When by other acts the adopted person has repudiated the adoption. (b) When the adopted minor has abandoned the home of the adopter for more than three (3) years. d) grant the petition after hearing. insisting that the modes of discovery apply only to ordinary civil actions. A and B adopted their nephew. and special proceedings. On his part the heir/oppositor served written interrogatories to the administrator preparatory to presenting the latter as a witness. When the law is clear and unequivocal there is no room for further interpretation.

In the absence of proof to the contrary. Summons was served on the Civil Registrar but there was no appearance during the hearing. 26. all properties acquired while Domenico and Gen lived together shall be presumed to have been obtained by their joint efforts. (3%)  Gen can be appointed as administrator.modes of discovery as covered in the Rules of Court shall be applicable in all proceedings. and industry and that they shall be deemed co-owners of those properties. the opposition must be denied since Gen clearly has the right and personality in the case at bar. A publication is considered a constructive notice to the whole world about a certain proceeding or any matter that the court may decide for it will be impossible and impractical to require a party to notify each and every possible party or interested person to a case personally. work. the decision was issued in violation of due process. Domenico's siblings opposed the same on the ground that Gen has no legal personality. (3%)  R is misguided. Being co-owners need not the benefit of marriage for such to be established. during which time they purchased properties together. Decide. The RTC sets the case for hearing and directs the publications of the order once a week for three consecutive weeks in a newspaper of general circulation. R filed a petition for annulment of judgment before the Court of Appeals. Domenico and Gen lived without benefit of marriage for twenty years. and underscoring supplied. saying that she was not notified of the petition and hence. Xxx xxx. The heirs of H agree among themselves that they will honor the division of H's estate as indicated in her Last Will . After Domenico died without a will. Gen filed a petition for letters of administration. Rule 1 Rules of Court) Xxx xxx. Section 3. B files a petition for cancellation of the birth certificate of her daughter R on the ground of falsified material entries there in made by B's husband as the informant. — These Rules shall govern the procedure to be observed in actions. The RTC granted the petition. civil or criminal and special proceedings. B opposed saying that the publication of the court order was sufficient compliance with due process. (Emphasis. (Emphasis Supplied. hence. VI 28. Republic) Hence. Publication is notice to the whole world that the proceeding has for its object "to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established. Rule. Ng Yao Siong vs. there is no violation of due process in the case at bar. Cases governed. 27.

Muntinlupa City . To avoid the expense of going to court in a Petition for Probate of the Will. obliged to file with the proper court a petition for probate of the latter's last will and testament? 2%  Cancio Vidal is obliged to file a petition for probate and for accepting or refusing the trust within the statutory period of 20 days. a language spoken and written by him proficiently. within twenty (20) days after he knows of the death of the testate. the parties may without securing letters of administration. Is Cancio Vidal. his favorite daughter-in-Iaw. sum of P300 Million. — If the decedent left no will and no debts and the heirs are all of age. The Judiciary actually encourages the parties to settle matters among themselves to avoid filing of unnecessary cases and to expedite the process. and shall. Section 3. 50 years old. and should they disagree. married. and residing at Ayala Alabang Village. In fact the law also provides for extrajudicial settlement of estate. Xxx xxx. Special Proceedings) . Filipino. He named his best friend. Cancio Vidal. signify to the court in writing his acceptance of the trust or his refusal to accept it. and underscoring supplied. (3%)  Yes. Rule 75.and Testament. of sound and disposing mind. after learning of Sergio's death. (Emphasis. or the minors are represented by their judicial or legal representatives duly authorized for the purpose. Executor to present will and accept or refuse trust. Sergio Punzalan. divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds. RULE 74 Summary Settlement of Estate Section 1. or within twenty (20) days after he knows that he is named executor if he obtained such knowledge after the death of the testator. can they instead execute an Extrajudicial Settlement Agreement among themselves? Explain briefly. present such will to the court having jurisdiction. within such period. unless the will has reached the court in any other manner. 29. He devised a piece of land worth P100 Million to Susan. He bequeathed P50 Million each to his 3 sons and P150 Million to his wife. as executor of the will without bond a. Extrajudicial settlement by agreement between heirs. they may do so in an ordinary action of partition. — A person named as executor in a will shall. executed a last will and testament in English. He disposed of his estate consisting of a parcel of land in Makati City and cash deposit at the City Bank in the .

The law clearly provides that no will shall pass either real or personal estate unless it is proved and allowed in the proper court. (Rule 78.b. Allowance necessary. Supposing the original copy of the last will and testament was lost. Section 1. — If no executor is named in the will. such allowance of the will shall be conclusive as to its due execution. in the discretion of the court. requests to have appointed. Custodian of will to deliver. Subject to the right of appeal. Special Proceedings) d. deliver the will to the court having jurisdiction. Conclusive as to execution. or fail to give bond. A person having custody of the will is bound to deliver the same to the court of competent jurisdiction or to the executor. can Cancio compel Susan to produce a copy in her possession to be submitted to the probate court? 2%  Yes. — No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Special Proceedings) e. or to such person as such surviving husband or wife. refuses the trust. (Rule 75. Cancio can compel Susan to produce the copy in her possession. Can the widow and her children initiate a separate petition for partition of the estate pending the probate of the last will and testament by the proper court? 2% . within twenty (20) days after he knows of the death of the testator. (Rule 75. or next of kin. or both. if competent and willing to serve. as the case may be. refuse the trust. The probate court can appoint the widow as executor of the will if the executor does not qualify. Section 6. or a person dies intestate. or to the executor named in the will. (b) xxx xxx. Section 2. — The person who has custody of a will shall. Special Proceedings) c. Can the probate court appoint the widow as executor of the will? 2%  Yes. or next of kin. The widow and her children cannot settle the estate extrajudicially because of the existence of the Will. administration shall be granted: (a) To the surviving husband or wife. or the executor or executors are incompetent. or fails to give bond. as when he is incompetent. Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2%  No. When and to whom letters of administration granted. (c)xxx xxx.

 No. Allowance necessary. The widow and her children cannot file a separate petition for partition pending the probate of the will. (Rule 75. Conclusive as to execution. Partition is a mode of settlement of the estate thereby circumventing the law. such allowance of the will shall be conclusive as to its due execution. Subject to the right of appeal. — No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Section 1. Special Proceedings) .