Reenedial Law Bar Examination © & A (1897-2006) Iris the Procewor who must recommend and move for the ‘of the accused as a state witness. The accused may aso apply under the Wimess Protection Program. SPECIAL PROCEEDINGS Cancellation or Correction; Entries Civil Registry (2005) Helen is the danghter of Elza, a Filipina, and Tomy, 2 Ghinese, who ic marsied to another woman Bving in (China. Her birth certificate indicates that Helen isthe legitimate child of Tony and E Chinese zen. Helen wants er bith cemiicate ‘pion to change theron of ih by changing the fliation from “legitimate” to “ilegitimare™ and petitioner's citizenship from. “Chinese to “Filipina” because her pareass were not manied, does not involve a simple summary comrection, which could otherwise be done under the authodty of RA. Na. 9048. A petition kas to be fled in a proceeding under Role 108 of the Rules of Cours, which kas now been i to be adversarial in narute. (Republi #. Valencia, CR No L-A2S1, March 5, 1986) Procedural requirements inchade: (i) filing a verifiod 8 naming as partis all persons who have or claim any interest which would be affected; (¢) incmance of an onder fixing the time and place of hearing; (@) giving. reasonuble notice to the named i the peti and (¢) publication ef che order ance a week for three consecutive secks in a newspaper af general circulation (Rak 105, Rabe of Catt brought by the Solicitor General. Non, X. wh clermsto be an bee of D, filed an action to recover the escheuted peuperty. Is the action viable? Why? (24) SUGGESTED ANSWER: No, the action is not viable. The action ox cecover ‘escheated must be fled within five years from July 1, 1990 a be forever barred. (a 27, 4p Extra-judicial Settlement of Estate (2005) [Nestor died intestate in 2003, leaving no dehes. How say hic esate be serdad by his eis who ate of keg age and have legal capacity? Explain (2%) SUGGESTED ANEWER Ii the decedent left on will and a debes, and the hei ate all of age, she pares may, without securing letters of aaiminitimtion, divide the estate among chemselves by means of a public insmument or by by sirfandeeta gmail.com Page 61 of 66 stipulation ina pending action for partion and shall ‘ile a bond with the register of deals in an arsount eypivilnt w the vile of the personal property invalved as certified wo under oath by the partes funni), The faut of exta-judial setlcsiat seal he published in a newspaper of genenl circulation once a week for thiee consecutive weeks in the DProrince. fie f Rad 7, Rak of Ca Hisbess Corpus (1992) ‘Roxanne, a wider, fled « petition for habeas corpus ‘with the Count of Appeals aginst Major Amar who is allegedly detaining her [8-year old son Bong without authority of the le. Aficr Major Amor had 4 fled a return alleging the cause of detention of Bong, the Court of Appeals Promalgitad 2 resolution semanding the case t0 the RTC for a full-blown trial due to the conflicting faces presented by the parties in their pleadings. In directing the remand, the court of Appeals eelied om See.9(1}, in relation to Sec. 21 of BP 129 conferring said Court the authors and decide hhabeas corpus cases concurrently with the RTC [Did the Court of Appeals act correctly in remanding the petition no the RIC? Why? SUGGESTED ANSWER: ‘No, because while the CA has original jurisdiction ‘over habeas corpus concurrent with the RTC, it has no authoety for remanding to the liner original actions led with the former. On the contrary, the CA i specifically given the power to receive evidence and perform any and all acts necessary to resolve ‘fuerual sues raised in cases falling within its onginal a ALTERNATIVE ANSWER: ‘Yes, because these is nt prohibition in the ww against referring a ease to a lower court having concurrent jurisdiction. The Supreme Court has referred to the CA or che RTC cases falling within Habeas Corpus (1986) Avwas arrested om the strength of a warrant of arrest issued by the RTTC in connection with an Information ‘for Homicide. W, the live-in of A fol a is with the Court af Appeals. 1. Does W have the pemonality to fle the petition for habeas compus? 2. is the petition tenable? [3%] ‘SUGGESTED ANSWER: 1 Yee. W, the vein of A, has the habeas ecause it may be filed by “some person TehlE" fie 4. Ral #02. Rabe wf Cart)Remedial Law Bar Examinalin Q & A (1997-2006) A's Will was allowed by the Court. No appeal was taken from its allowance. Thereafter, Y, who was interested in the estate of A, discovered! that the “Will was not genuine because A's cgnature was forged by X. A criminal action far foagery was instituted against X. May the due execution of the Will be validly questioned an such criminal actin? (i) SUGGESTED ANSWER: a. In onder that a lost or destroyed will may be allowed, the following must be complied with: 1. ‘the execution and valsdisy of the same Should be established; 2 the will must have been in existence at the time of the death of the testator, or chown, to have been fraudulently or accidentally destroyed in the lifesime of the vestaror without his knowledge: and 4 its provisions are clearly and distincily proved by at least run credible witnesses, (lf, Rak 78 af te Rae of Cath SUGGESTED ANSWER: b.No. The allowance of the will from which ao appeal was taken is conclusive as wins due execution. fie. f fad 75) Due execution includes a finding that She wil prior and ok «Kory. Acoonng the due execution of the will cannot aga ‘pesdoned in suecguent peoceing at Sen int criminal action for fonpery of the will, Probate of Wil (2003) |A, a resident of Malolos, Buliean, died leaving an state located in Manila, worth P20Q000.00, In what court, taking into consideration the nature of jurisdiction and of venue, should the probate peocesting on the estare of A be inscicured? (4°) SUGGESTED ANSWER: The om the estate of A should bbe instituted in the Municipal Trial Court of Malolos, Bulacan which has jurisdiction, because the estate is ‘valued ar P200,000,00, and is the court of proper ‘venue beesuse A uas a msdent of Malolos at the rime of his death. (Soe. 3 of RP 129.48 smcided by RA 8, See. Yat ase 75). Probate of Wil (2005) ‘After Lallus death, her heirs brought ber last will lever to obtain their respective shares in the esta. ‘The lawyer prepared a deed of partition Lule's estare in accordance with the terms of her will. Is the act of the lawyer enrrect? Why? (295) SUGGESTED ANSWER: Na No will shall pass either real or personal estate unless itis proved and allowed in the peoper court (i 5, Ral 73, Rar Ci) Probate of Wil (2006) Sergio Punzalan, Filipino, 90 years oki, married, and olbngat Ayal Alalang Vlg, Manta C& of by: sirdondeetgmail com Page 63 of 66 sound and disposing mind, excouted last will and restument in Engish, a language and writen spoken by him proficiently. He disposed of his estate consisting of parcel of ind in Makati Cary and each depasie at the Ciry Bank in the sum of P 300 Allin, ‘He bequeathed P 50 Million each 1 his 3 sons and P 150 Milion te his wife. He devised a piece of land ‘worth P1O0 Million to Susan, his fawacite caughter-in- Law. He named his best fiend, Cancio Vadal, a ‘executor of the will without bond. Us Cancio Vidal, after learning of Seopia's dent, ‘obliged ta fle with the proper court a petition at probate of the laewe's last will and testament? (26) ‘SUGGESTED ANSWER: ‘Cancio Vidal & obliged to file a petition for probate and foe ‘or refusing the trust within the stamtery period of 20 days under Sec. 3, Rule 75, ale of Cour, Supposing che arjginal copy af the last will and tes. tament was lot, can Cancio compel Susan to pro duce 4 copy in ber passcesion wo be submined ta the probate coure. (2%) ‘SUGGESTED ANSWER: ‘Yes, Cancio can compel Susan to produce the copy in her pastession. A person having custody of the wil ix bound to deliver the same to the court of competent juriadscion o¢ to the executor, ax provided in Sec. 2, Rule 75, Rules of Cours. Can the probare court appaine the widow as ‘executor af the will? (2%) ‘SUGGESTED ANSWER: Yes, the probare court can apprint the widow as executor of the will if the executor does no qualify, as when he is incompetent, refuses the trust, ar fails so give bond fie Rade", Rada Cas Can the widdow ancd er chikiren settle extrajadicially amang whemschies the estate af the deceased? (24) SUGGESTED ANSWER: {Noy the widow and her chiklren cannot sete the es- vate extesjudicily because of the existence af the ‘Will Ne will shall pass either real ot persoaal estate vusless itis proved and allewed in the peoper court (hn Ra 75 Ra of Cnet Gia the widow and ber childeea inicate a separaie (petition for partition of the estate pending the ‘probate of the last will and testament by che court? es) SUGGESTED ANSWER: \No, the widow and her children eannoe file a sqparate petition for partition pending the peobate of the will Partition is a mode of settlement of the estate (Sie f, Rade 7%, Rake wf Cae Probate of Wil; Mandatory Nature (2002)Remedial Law Bar Examination © & A (1997-2008) ‘What should the courr da if, in the course of intestate a will is found and & is submitted for Settlement of Estate (2001) ‘The sales an special proceedings andinasily require that the estate of the deceased should be judicially administered thru an adminiserntor or executor. ‘Whur are the nwo exceptions to said requirements? Stctesren answer: ‘The two exceptions to the requirement are: (@) Where the decedent left n0-will and no debes and the heirs are all of age, o€ the minors are repecsentod by their judicial “or legal representatives duly authorized for the ‘the parties may without securing lerers of administration, divide the estate among themselves by means of public instrument fled in the office of the register of deeds, or should they disagree, they may do so in an ocdinary action of Panition. If there is only one heir, he may adjudicate to himself che entire estane by means of an affidavit fled in the office of the register of deeds. The parties ‘or the sole heir shall file samultancously abound with the register of deeds, in an amount equivalent ta the ‘wae of the propery at certified to under ‘oath by the parties and conditioned upon the payment of any just claim thar may be fied later. The Fact of the extrajudicial seclememt or administation shall be published im a newspaper of general ‘Ginculation in the province ance a week for three consecutive weeks ie FafRal 74, Rake of Car (@) Whenever the gross value of the estate of a decesed person, whether he cied restate or intestate, docs not exceed ten thousand pesos, and that fact made w appear 10 the RTC: having jurisdiction of the estate by the petition af an interested person and upon hearing, which shall be held not less than one (() month noe more than dee (3) mooths from the date of the last publication of a notice which shall be once a week for three ave weeks in a newspaper of general circulation in che province, and after such ether notice 1 interested pesons as the court may dimer, the court may peacced summarily, without the appointment af an executor or administrator, to settle the estate. (le 2 of Rale 74, Bak of Cant ‘Settlement of Estate; Administrator (1908) ‘A, claiming w be an illegitimate child of the decested [D, inatiruted an Intestate proceeding w settle the emate of the lamer. He also prayed that he be sindandee@igmailcam Page 64 of 66 appointed administrator of said estate. S, the surviving spouse, oppased the and A's husband D. The courr, however, appointed A as the administrator of said cxtute. Subsequendy, S, chiming to be the cole heir of D, executed an Affidavit of Adjudication, unto hersdf the entre estate of her deceased bushand DD. $ then sold the cenire estate to X. Wis the appointment of A as adminisrstoe proper? Bq Was the action of Sin adjudicating the entire estate of her Inte hushanal tc herself legal? [3%] SUGGESTED ANSWER: 1. Yes, unless it i shown thas the court gravely- abused its discreson ia appointing the child as administrator, instead of the spouse. While the spouse enjoys preference, it appears thar the spoure has neglected tw apply for lerters of administration within thiryy (90) days from the death of the decedent, (Ste. 6 Rule 7% Rules af Car Gaipuy, je. rx Court of Apps. 218 SCRA 163.) ALTERNATIVE ANSWER: 5, the surviving spouse, should have been appointed administratix of the estate, in ax much as she enjoys first preference in such tuner the rules. (8 Sf) Rae 78, Rae af Cam) SUGGESTED ANSWER: 2. No. An affidavie of sclfadjudication is allowed aly if the affiane is the sole heir of the. deceased. (ia. 4, Rae 7%, Reker af Cath in this case, A alse claims oo be an beir, Moreover, it is wot legal because there is already a pending” juridical proceeding for the setlement of the estate. Venue Special Proceedings (1997) Give the proper venue for the following special aa to declare us escheated a parcel of lind owned by a rexklent of the Philippines who died intestate and without heirs or persons eattled 10 he property. 8) A. petition for he appoinement of an adiministracor aver the land and building left by A petitioa for the adoption af a minor resiling in Pampanga SUGGESTED ANSWER: (@) The venue of the exchear proceedings of a of land in this case is the place where the deceased last resis. fief, Rak 8, Rank of Coat () The venue for the of an administrator over land and building of an American Siizen sesiding in California, declared IncompetentRemedial Law Bar Examination © & A (1987-2008) by an American Court, is the RTC of the pice where his property or par thereof is situased. (lie, Rank #23 (@._ The venue of a patton far the adoption of a minor residing in Pampanga isthe RTC of the place inwhich the pesiomer resides. i: 1 Ral 33) SUMMARY PROCEDURE Pronitited Pleadings (2004) Charged with the offense of slight physical injuries under an information duly filed wath the MeTC in Manila which in the meantime had duly ixsucd an order declaring that the caze shall be govemed by the Revised Rule on Summary Procedure, the accused fed with said court a motion oo quash on the sale ground thar the officer who filed the information had ‘0 authority to dbo un. The METC denied the mation 00 the ground that it isa prohibited motion wader the said Rule. ‘The accused theerupoa filed with the RTC in Manila 4 petition for certiorari in sum assailing and seeking the nullification of the MeTCs denial of bis mosion to quash. The RTC in due time issued an onder denying due coune tn the cernorani penition on the ground that ic is not allowed by the said Rule. The accused forthwith filed with said RTC a motion for reconsideration of ite said onder. The RTC in time denied said mation for reconsicesation on the groan Were the RTCs orders denying due coune tw the petison as well as denying the motion for reconsideration comect? Reason. (3%) SUGGESTED ANSWER: “The RTC's orders denying due course to the pesicion for ceriomsi as well as denying the mation for reconsideration atc both not correct. The petition for -cerioeari is 4 probibited pleading under Scerion 19g) ‘ofthe Revised Rule on Summary Procedure and the sarin for esonsideratine wie MISCELLANEOUS ‘Administrative Proceedings (2005) Regional Director AG of the Department of Public Works and Highways was charged with wiolBoa of Section He) of Republic Act No. 3019 in the Ofice of the Ombudsman, An administrative charge for goss misconduct arising from the transaction subject matter of said criminal case was fled against him in the same office. The Ombudsman assigned a team lays sidondoe gmail.com Page 65 of 66 composed of invertigaines from the Office of the Special Prosecuror and from the Office of the Deputy Ombudsman for the Mitary to ennduct a joint investigation of the criminal case and the administrative case, The eam of investiganoes recommended 1 the Ombudsman thar AG be preventively suspended fora period not exceeding six months oq its finding that the evidence of guilt is strong. The Ombudsman issued the said) order a3 recommended by the investigatoes AG moved to reconsider the order on the rounds th Ces af the Special Powseuor ed exdusive te conduct a preliminary investigation of the criminal case; (2) she order fir his was because he had Preventive suspension ane Yet to fle his answer to che administrative complaint land submit countervailing evidence; and (e) he was a ‘carver executive service officer and under Presidential Decree No. 807 (Civil Service Lav), his preventive suspension shall be foe a maximum period of three months. Resolve with reasons the motion of respondent AG. (39) ‘SUGGESTED ANSWER: ‘The motion should be denied for the following 1. The Office of the Special Prasecumr does nor have exclusive authority to conduct a prediminary investigation of the criminal case bue it anticipated in the investigation together with the ‘Ombudsman for the ‘who can handle cases of civilians and is not limited tc the ciliary. - 2. The onkr of preventive suspension iced not wait for the answer to the administrative complaint and the submission of eountervaiing evidence: (Camis n Mati, GR. Na 13905, Siptanhr 10, 1989) To Vawre se, GR Na 10801, pa 6, 1995, the court ruled that suspension pursuant to Sec. 24 of RLA, No. 6770 (Ombudeman Act of 1980), shall cominue uns termination af the ease but shall nor exceed six (6) months, excep in relation ta LA. Na, 3019 and PLD. No. S07. As career executive | officer, his preventive jon under the Gil Service Law may only be for a masimum period af thees moachs, The fod of the wonder the Aari-Graft Law shall be the same pursuant to the equal protection clause. (Garis x Majic, GR Na. Ta, Scplcnsber I 199% Layne +. Sealand, GL. Na, £85888, May 21, 1955) ‘Congress: Law Expropriating Property (2006) ‘May Congress enact a law providing that 2 5, 000 ‘square meter log, a part of the UST compound Sampaloc Manila, be expropriated for the construction of & park in hanot of farmer Ciey Mayor “Anenic Lacson? As compensation t UST, the CayRemedial Law Bar Examination Q & A (1987-2006) 2 Nex The petition ic aot tenable because the warmat of arrest was issued by a court which had Jurisdiction te issu it (Sic 4, Rink MOP Radi of Comet} Habeas Corpus (2003) Widow A and her two children, both girts aged § andi 12 years old, reside in Angeles Ciry, Pampanga A leaves her seo in cheir house at night hhecause she works in a brothel as 2 prostitute. Realizing the danger to the mocals af these two girls BB, the father of the deceased! husband of A, files 2 Petition foc habeas carpus against AL for the custody of the girls in che Family Court in Angeles City. In suid petition, B alleges thar he is entitled to. the custody of che two gals because their mother i living a disgraceful life. The court issues the writ af habeas corpus. When A learns of the petition and the writ, she hier two children to Cebu City. At the expense of B the sheriff of the said Family Cour (goes to Cebu City and serves the writ oa A. A files her comment on the petition raising the following defenses: 3}, The enforcement of the writ of habeas enepus in Cebu Citys illegal and _ 1b) B has no personality w institute the petition. 6% [Resolve the petition in the light of the above defenses ofA. 8) SUGGESTED ANSWER: (3) The writ of habexs corpus issued by the Family Court in Angeles City may not be legally ‘enforced in Cebu Cary, because the wrt is enforceable ‘only within the judical region to which the Family Coun belongs, unlike the writ granted by the Supreme Court or Court of Appeals which is ‘enforceable anywhere in the Philippines. (See 20 of Rule an Custody of Minow nd Wet of Hahess Coxpas in ‘elaion se Cassady af Minars. (AM No. @-OL085C: see alse Sex: 4 af Rule 12 Rules wf Comes) (@) By the father of the deceased husband of A, Jas the personaly to institute the petition fer habeas corpus of the two minor girk, because the has the right of custody ae against che mather A who is a pareistinate. flected 5, ll) Intestate Proceedings (2002) XX fled a claim in the intestate proceedings of D. D's ‘uiministator denied Rabin and fed a coonterclaim XXX's ciaim seas disallowed, (1) Does the probate cour sill have jurisdiction tw allow the claim of D's administrator by way of coffee? Why? (2%) Suppose D's acininistrator did soe allege any chim against X by way of offer, can D's administrator prosecute the claim in an independent proceeding/ why/ (3%) SUGGESTED ANSNER: by: i i Page 62 of 66 (0) No, because since the claim of X was diallowed, there is nor amount against which so offset the chim of D's administrator. @) Yes, D's administrator can prosecute the calm in an since the claim of X was disallowed. If X bud a valid chim and D's administrazor did aot any claim against X by ‘way of affect, bis failure to de so would bar his claim fareret. Male 25, xe 108 Intestate Proceedings; Debts ofthe Estate (2002) A, Band C, che only heirs in D's intestare reborn w he Pasttion, two bots were assigned to Cy, who weed ions the poten af te le ‘Thereafier, C died and proceedings forthe scttlement of bis estate were fled in the RTC-Quezon Cy. D's sdminiseator then fled a mation in the peobate court (UTC: Manila), praying that one of the lots assigned ta (Cin the praject of partion be tmed over to bien 1 satisfy debis ‘to C's portion, The motion was by the administrnar of Cs este. How should che RTC-Manila resolve the motion of 1's administrator? Explain. (3%) SUGGESTED ANSWER: ‘The mation of [D's administrator should he granted. ‘The ‘OF the two lass to © war Because the debrs of che estate had not been fully Pal, Rade 9, see. J; Reyes ¥: BacctanDamy, I9SCRA 8S a7. judicial Settlement of Estate (2008) Seate the rule on eae in judicial sttlement of estate If the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien, the venue shall be in the RTC in the province in Which he resides at the time of his death, not in the where he used to live. Qiao ®. Court af Appests, GR Ne LIN, May 2%, 30 If be is an inhabitant, off foreign country, the RTC of any province or city in which he had estate shall be the venus. The court first taking ‘of the case shall exercise juriclction to the exclusion of all other cours, When the is dissolved by the death of the husband ar wife, the communicy propery shall he iovenoried, administered and quidated, and the clebes thereof paid, ia the testate or intestate of the deceased spouse. If bch spouses have died, the conjugal parmership shall be quiduted in the testate or intestate peocecdings of eather. (Sees Land 3 Rule 7 Raies uf Cours) Probate of Lost Wis (1993) War are the requisites in onder that a lost or destroyed Will may be allowed? (25%)