February 20, 2016

SPECIAL PROCEEDINGS

1. If the order of distribution affects registered land, should the same be registered?
Explain.[1]
2. May a probate court issue writs of execution?[2]
3. Preceding problem. What are the exceptions to the general rule?[3]
4. When is the Order of Closure issued by the probate court?[4]
5. May the Order of Closure be appealable?[5]
6. What is the remedy of an heir entitled to the residue of the estate but not given his
share? Explain.[6]
7. What is escheat?[7]
8. May the estate of the decedent be escheated even if he died testate? Explain.[8]
9. In an intestate proceeding, the probate court found that the decedent left no heirs or
persons entitled to his estate. Could the probate court then and there decree that the
estate be awarded to the State? Explain.[9]
10. Outline in brief the procedure in an escheat proceeding. 3 points.[10]
11. May an heir or person entitled to the estate recover the same after its escheat?
Explain.[11]
12. What is an action for reversion?[12]
13. The Republic filed with the RTC Branch XX of Iligan an action for reversion against
Anoreg involving land in Linamon, Lanao del Norte with an assessed value of P50,000.00.
The Republic contended that the judgment of the RTC Branch XXX of Iligan City, acting as
a land registration court, which decreed the issuance of an OCT over the land is a nullity
since the land was underwater and thus part of the Iligan Bay, Does RTC Branch XX Iligan
City have jurisdiction over the action for reversion? Explain.[13]
14. What are the three kinds of guardians under the law? 3 points.[14]
15. Who may be put under guardianship and what does the guardianship cover? 2 points.
[15]
16. What rules governs guardianship?[16]
17. Who are incompetents?[17]
18. What is the jurisdiction and venue of a guardianship proceeding?[18]
19. Who may petition for the appointment of a guardian over an incompetent or a minor?
[19]

20. What are the grounds for the appointment of a guardian of a minor? 4 points.[20]
21. Who may be appointed guardian of an incompetent?[21]
22. Who may be appointed guardian of the person or property, or both, of a minor? (4
points)[22]
23. What should the verified petition for guardianship of incompetent contain? 5 points.
[23]
24. What will the petition for the appointment of a general guardian of a minor allege? 8
points.[24]
25. Will any defect in the petition or verification render void the issuance of letters of
guardianship? Explain.[25]
26. After the petition for the appointment of a general guardian is filed, what shall the
court do next?[26]
27. Is a case study report required in all petitions for guardianships? Explain.[27]
28. May the social worker intervene in the guardianship case? Explain.[28]
29. May the petition be opposed or contested? Explain.[29]
30. What is the rule on service of final orders or judgments?[30]
31. Is a bond required of guardians? Explain.[31]
32. Are parents who are guardians of their minor child and his property required to
furnish a bond? Explain.[32]
33. May a guardian sell or encumber property of the incompetent? Explain.[33]
34. What is the effect if the guardian sells or encumber the wards or minors property
without prior court authority? Explain.[34]
35. What are the grounds for the grant of authority to the guardian to sell or encumber
the estate of the incompetent? Explain.[35]
36. When the court authorizes the sale of the wards property, may this be done in a
private sale? Explain.[36]
37. See preceding problem. Will your answer be the same if it is the minors property
which is to be sold? Explain.[37]
38. In general, what is the authority of the guardian? Explain.[38]
39. May a guardian pay the debts of the ward? Explain.[39]

40. What proceedings should be taken when a person is suspected of embezzlement or

concealing the wards property? Explain.[40]
41. May the guardianship court resolve the issue of title to the property allegedly
embezzled, concealed, or conveyed? Explain.[41]
42. When is guardianship terminated? Explain.[42]
43. What is trust?[43]
44. Who is a trustee?[44]
45. Distinguish a trust from guardianship, administration, or executorship.[45]
46. When is the appointment of a trustee under R98 necessary? Explain.[46]
47. Which court appoints the trustee?[47]
48. May a trustee be exempted from the requirement of posting a bond? Explain.[48]
49. What are the conditions included in the bond? 4 points.[49]
50. What is adoption?[50]
51. What governs the procedure for adoption?[51]
52. What is the jurisdiction and venue of an adoption proceeding? Explain.[52]
53. Who may adopt? 2 points.[53]
54. May the residency and certification requirements for an alien be waived? Explain. 3 points.[54]
55. May a guardian adopt his ward? Explain.[55]
56. Is it required that spouses jointly adopt? Explain. [56]
57. Joe, an American citizen, married Vilma, a former Filipino citizen who has an illegitimate child name
Ferlyn. Ferlyn is staying with Vilmas mother in the Philippines. Vilma wants to adopt Ferlyn and bring her
to the United States. Must Vilma and Joe jointly or Vilma alone adopt Ferlyn? Explain.[57]
58. See preceding problem. Are the requirements on residency and certification applicable to the petition
for adoption of Ferlyn? Explain.[58]
59. See preceding problem and assume that Vilma is a Filipino citizen. Must Vilma and Joe jointly adopt?
Explain.[59]
60. See preceding two problems. Are the requirements on residency and certification applicable to the
petition for adoption of Ferlyn? Explain.[60]
61. See preceding three problems. This time Vilma is a former Filipino who wishes to adopt Ferlyn, her
niece. Must Vilma and Joe jointly adopt Ferlyn?[61]
62. Are the requirements on residency and certification applicable to the petition? Explain.[62]
63. May the petition for adoption pray for the change of name of the adoptee? [63]

64. Is the change of name limited only to the adopters surname? Explain.[64]
65. R, an old but rich bachelor, filed a petition for the adoption of D, a one-year-old foundling who had a
severe heart ailment. During the pendency of the adoption proceedings, R died of natural causes. The OSG
filed a motion to dismiss the petition on the ground that the case can no longer proceed because of the
petitioners death. Should the case be dismissed? Explain.[65]
66. Preceding problem. Will your answer be the same if D died ahead of R and during the pendency of the
adoption proceedings? Explain.[66]
67. May an adopter rescind the adoption? Explain.[67]
68. May the adoptee rescind the adoption? Explain.[68]