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Spec Pro Midterms Reviewer (Atty. Chua)
Spec Pro Midterms Reviewer (Atty. Chua)
Chua)
RULE 72
A special proceeding is not adversarial while an ordinary proceeding is. Courts that hear
special proceedings are of limited jurisdiction. In ordinary proceedings courts are of general
jurisdiction.
However, if objection to venue is seasonably raised, the petition should be dismissed and
the proceedings should be instituted in the proper court.
Q: What if the proceedings were instituted in two courts and the question of
venue is seasonably raised?
A: The court in which the proceeding was first filed has exclusive jurisdiction to resolve the
issue.
Q: As a general rule, the probate court cannot determine title to property. In what
instances may it pass upon the question of title to property?
A: a) Where the interested parties who are all heirs of the deceased consent thereto and the
interests of third parties are not prejudiced;
b) In a provisional manner, to determine whether said property should be included in or
excluded from the inventory, without prejudice to the final determination of title in a
separate action;
c) If the question is one of collation or advancement;
Q: What are the matters that the probate court has the power to determine?
A: a) Who are the heirs of the decedent;
b) The recognition of a natural child;
c) The validity of disinheritance effected by the testator;
d) The status of a woman who claims to be the lawful wife of the decedent;
e) Validity of a waiver of hereditary rights;
f) Whether the property in the inventory is conjugal or exclusive property of the
deceased spouse.
Q: As a general rule, the probate courts cannot issue writs of execution. What are
the exceptions?
A: a) To satisfy the contributive shares of the devisees, legatees, and heirs in possession of
the decedents assets;
b) To enforce payment of the expenses of partition;
c) To satisfy the costs when a person is cited for examination in probate proceedings.
RULE 74
b. In the first, the value of the estate is immaterial, while the second applies only where the
gross estate does not exceed P10,000.
d. The first is proper only where there are no outstanding debts of the estate at the time of
settlement, while the second is available even if there are debts, as the court will make
provisions for the payment thereof.
e. Extrajudicial settlement can be resorted to only at the instance and by agreement of all
the heirs, while summary settlement proceedings may be instituted by any interested party
and even by a creditor of the estate, without the consent of all the heirs.
RULE 75
Q: As a general rule, the probate court can only pass upon the extrinsic validity of
the will. The exception is when the defect is apparent on its face. Give examples
of apparent defect of a will.
A: 1) Complete preterition of the heirs
2) The will stated that the devisee was the paramour of the testator
RULE 76
Q: What are the jurisdictional facts required to be alleged in the petition for
probate:
A: a) That a person died leaving a will;
b) In the case of a resident, that he died in his residence within the territorial jurisdiction of
the court, or, in case of a nonresident, that he left an estate within such territorial
jurisdiction.
c) That the will has been delivered to the court.
ANSWER: C
An heir who has assigned or renounced his hereditary rights has no legal interest as would
authorize him to initiate such proceedings.
ANSWER: A
RULE 77
Q: What must the proponent prove at the proceedings for the re-probate of the
will in the Philippines?
A: a) That the testator was domiciled in a foreign country;
b) That the will has been admitted to probate in such country;
c) That the foreign court was, under the laws of said foreign country, a probate court with
jurisdiction over the proceedings;
d) The law on probate procedure in said foreign country and proof of compliance therewith;
and
e) The legal requirements in said foreign country for the valid execution of the will.
RULE 78
Answer: C
It may be disregarded for valid cause. (See Sec. 6, Rule 79; Capistrano vs. Nadurata, 46 Phil.
726)
RULE 80
Answer: B
RULE 82
RULE 85
Q: Give examples of items that have been held NOT to be proper expenses of
administration, and therefore, not chargeable against the estate.
A: a) The services rendered by an administrator in favor of an heir which services were not
beneficial to the estate;
b) Premiums for his bond;
c) Expenses for the repair of property of the estate being occupied and used by him;
d) Expenses for the keeping of ordinary records and receipts involved in his administration
work;
e) Losses incurred in the conduct of business with the use of the funds of the estate.
Where, however, the attorneys services were rendered in a litigation involving such
administrator or executor in his capacity as trustee of the estate and for the protection of
the interests of such estate, the attorneys fee is directly chargeable to the estate.
RULE 86
Q: Are claims by the government for unpaid taxes covered by the statute of non-
claims?
A: No. They are monetary obligations created by law. Claims for taxes due and assessed
after the death of the decedent need not even be presented in the form of a claim; the
probate court may just direct the executor or administrator to pay the same. In fact, even
after the distribution of the estate, claims for taxes may be enforced against the distributes
in proportion to their shares in the inheritance.
Rule 87
Q: Can a legatee bring an action against the executor to compel the payment of
the legacy?
A: Yes. According to Regalado, the Del Rosario ruling still appears to be valid up to the
present since Sec. 3 of Rule 87 only prohibits an action against the executor or administrator
by an heir or devisee with respect to lands.
Rule 89
Q: The sale of real property may be allowed by the court if the petition avers: a)
that the personal estate is not sufficient to pay the debts, expenses of
administration and legacies, or that the sale of such personally may injure the
business or interests of the persons interested in the estate; b) That the testator
has not otherwise made sufficient provisions for the payment of such debts,
expenses of administration and legacies; and c) That such sale or encumbrance
would be beneficial to the parties interested in the state. Name another requisite
in the petition.
A: There must be averment as to the value of the personal estate. Without such averment,
the court has no jurisdiction to authorize the sale of realty. If the court should authorize the
sale of real property despite such defect in the petition, the sale of such real property is null
and void.
Q: Can the probate court validly order the sale of a mortgaged property?
A: No. It has no authority to do so as that would be equivalent to a foreclosure action being
adjudicated in the settlement proceeding.
Rule 90
Q: What must be paid first before distribution is ordered?
A: Debts, funeral charges, expenses of administration, allowance to the widow and estate
tax.Regalado believes that Sec. 1 also include the allowances to the children of the
deceased as payment of such allowances during the pendency of the administration
proceedings is specifically authorized by Sec. 3, Rule 83. Also, the legacies must have been
paid as this is directed by Sec. 15, Rule 88.
He also notes that an advance or partial distribution may be allowed provided the foregoing
obligations are secured by a bond.
Rule 92
Q: What is the rule when there is an issue as to who has a better right or title to
properties conveyed in the course of the guardianship proceedings?
A: The controversy should be threshed out in a separate ordinary action as the dispute is
beyond the jurisdiction of the guardianship court. However, where the right or title of the
ward to the property is clear and indisputable, the guardianship court may issue an order
directing its delivery or return.
Rule 97
Q: Which court should decide the petition for restoration to capacity?
A: The court which appointed the guardian is also the court competent to decide the petition
for restoration capacity which is merely a continuation of the original guardianship
proceeding. Also, the petition for the removal of the guardian must be filed in the same
guardianship proceeding. It must be based only on the grounds in Sec. 2 of this rule which
must be satisfactorily proved.
Rule 98
Q: Does this rule apply to all types of trusts?
A: No. This rule applies only to express trusts as these are understood in Arts. 1443 to 1446
of the Civil Code, and does not apply to implied trusts which arise by operation of law.
Rule 101
Q: When should the Secretary of Health petition for the hospitalization of insane
persons?
A: It should be filed by the Secretary of Health if the person in custody or having charge of
said insane person refuses to do so and where it is required for the welfare of the insane
person or the public.
Rule 102
It is also available to give retroactive effect to a penal provision favorable to the accused
pursuant to Art. 22 of the RPC.
Q: Does the writ lie against the order of the Deportation Board?
A: No. While section 4 refers to restraint of a person under process of a court of record, such
process may also be issued by a governmental agency authorized to order his confinement,
as in the case of the Deportation Board, and the courts have no authority to release the
party thus committed even in habeas corpus proceedings.
Q: Discuss the burden of proof after the writ has been returned.
A: If the detention is by reason of public authority, the return is considered prima facie
evidence of the validity of the restraint and the petitioner has the burden of proof to show
that the restraint is illegal. On the other hand, if the detention is by reason of private
authority, the return is considered only a plea of facts asserted therein and the person
responsible for the detention has the burden of proof to establish that the detention is legal
and justified.
Q: Can the person released by virtue of the writ avail of the privilege again?
A: Yes. When the person so released continues to be denied one or more of his constitutional
freedoms, where there is present a denial of due process, or where the restraints are not
merely involuntary but appear to be unnecessary, the person
Rule 103
RULE 108