Scribd Logo
Upload

Welcome to Scribd!

  • Maloles Vs Maloles GR. 129505, 113359

    Uploaded by

    Meridee
    16 views1 page
    The document discusses the probate of a will and the presumption of death of an absent person under Philippine law. It notes that the court cannot simply declare a testator dead without authentication of a will. It also outlines that if an absent person reappears after settlement of their estate, they can only recover the current property or proceeds, not obligations already paid. Jurisdiction for the case is determined based on the gross value of the estate under the relevant law.

    Original Description:

    Spec

    Original Title

    Lecture

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document discusses the probate of a will and the presumption of death of an absent person under Philippine law. It notes that the court cannot simply declare a testator dead without authentication of a will. It also outlines that if an absent person reappears after settlement of their estate, they can only recover the current property or proceeds, not obligations already paid. Jurisdiction for the case is determined based on the gross value of the estate under the relevant law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    16 views1 page

    Maloles Vs Maloles GR. 129505, 113359

    Uploaded by

    Meridee
    The document discusses the probate of a will and the presumption of death of an absent person under Philippine law. It notes that the court cannot simply declare a testator dead without authentication of a will. It also outlines that if an absent person reappears after settlement of their estate, they can only recover the current property or proceeds, not obligations already paid. Jurisdiction for the case is determined based on the gross value of the estate under the relevant law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    MALOLES vs MALOLES

    GR. 129505, 113359

    The purpose of probate is for the authentication of will.

    The court cannot simply issue order that testator is dead.

    Made reference to RULE 107


    - For the purpose of administering

    Pag absent ng 10 years


    - The court cannot issue order declaring presumption of death since there can be no
    finality of presumption
    - No need to file an action independent of the settlement of the estate
    - Need lang i-allege
    - Presumption will only be applied, no need for independent action

    Art 390 of Civil Code

    Art 392
    - Presumed absent then reappeared
    - After settlement, recover property in the condition upon which it is found
    - If alienated = then yung proceeds, which is the price
    - Entitled lang siya sa balance of the estate, after the payment of obligation he cannot
    recover those paid, this can be done by mere motion in same proceeding

    Jurisdiction
    - Refer to BP 129
    - SEC 19, paragraph 4
    - Based sa gross value

    You might also like