1. Distinguish SpecPro from ordinary civil v.

VAWC and
actions vi. Arbitration.
 SpecPro is a remedy in which a party 10. Distinguish testate from intestate proc?
seeks to establish a status, right or  In testate proceedings, it is a settlement
particular fact. of estate of deceased with a valid will.
 Ordinary civil action is one by which a There is a need to probate. It is
party sues another for the enforcement commenced by pet for probate of will
of a right or the prevention of a wrong and for letters of administration.
2. What initiatory pleading is filed in specpro?  On the other hand, in intestate
 Petition proceedings, it is the settlement of the
3. Will the requirements in filing initiatory estate of the deceased who left no will. It
pleading also apply? is commenced by a petition for
 Yes appointment of administrator
4. What juris requirement in SpecPro which is 11. What are the 2 stages in settlement of
not required in OCA? estate?
 It’s publication of the notice of initial  As a general rule, a probate court in a
hearing. petition for probate, first stage, is limited
5. Why is publication necessary in cases to determining whether the will was
governed by SpecPro? executed in accordance with the
 To vest the Court with jurisdiction prescribed formalities in Civil Code, and
because it is an action in rem whether testator was of sound mind,
6. Are the regular rules on ordinary civil actions does not dwell , as a rule , on filiation,
apply also to SpecPro? ownership and claims.
 Yes, in the absence of special  Similarly, in intestate only on the fact of
provisions, the rules provided for in death, propriety of issuance of letters of
ordinary actions shall be, as far as administration, and whether petitioner or
practicable, applicable in special person nominated is qualified to be
proceedings. appointed as Regular Administrator
7. What are the cases governed by SpecPro?  The 2 stages are
 Settlement of estate, i. Petition for probate of the will in
 guardianship, testate, or pet for appointment
 escheat, of administrator in intestate,
 adoption, since no will left
ii. After executor takes the oath,
 revocation of adoption,
proceeds with inventory,
 correction of entry in the civil registry,
liquidation, determination of
 petition for habeas corpus,
claims against estate, then
 change of name, distribution.
 declaration of absence, iii. For intestate, after Regular
 presumptive death, Administrator takes oath,
 hospitalization of insane person inventory, administration, det of
8. Are these the only cases subject of claims, liquidation, then
SpecPro? distribute.
 No 12. Which court has jurisdiction over settlement
9. What are other cases, aside from those of estate?
enumerated in Sec 1 Rule 72, which are also  It depends on the gross value of the
SpecPro? estate. In Metromanila if exceeds
 Aside from Rules of court, there are 400,000 pesos RTC otherwise MTC.
under SC Admin, like  Outside metromanila if it exceeds
i. Amparo, 300,000 pesos RTC otherwise MTC
ii. Habeas data, 13. What kind of jurisdiction does probate court
iii. Kalikasan exercises?
iv. Family Court act,  Special and limited jurisdiction
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14. Why limited and SPECIAL?  when it does not comply with the
 Limited, as it is confined only on the formalities with the Civil Code
issues to be resolved in the first stage, 23. When may the probate court, at this first
and on liquidation, determination of stage, resolve issue on ownership?
claims, and distribution.  when it is necessary to determine the
 Special, in instances when it need to ownership of the property to be included
determine other issues closely in the inventory or the properties to be
intertwined, though not as a rule included in the estate
15. Where should the venue be? 24. Is the judgment on the admission of the will
 Residence of decedent at the time of his appealable?
death if resident.  That makes settlement of estate subject
 If non-resident at the time of his death, to multiple appeals.
venue lies in any province in which he i. Mode of appeal-
had estate. 1. ordinary appeal, Rule
16. Does that apply to an alien who dies in the 40 or 41.
Phil? ii. But, 30-day period. Notice of
 Yes appeal and record of appeal
17. Will the exclusionary principle apply? must be filed within that period.
 Yes 25. Is the Order appointing a Regular
18. What does that means? Administrator in intestate proc also
 The court first taking cognizance of the appealable?
settlement of estate of the decedent  Yes
shall exercise jurisdiction to the 26. What are the kinds of settlement of estate?
exclusion of all other courts.  There are 4 kinds of settlement
19. What are the issues probate court resolve in i. Extrajudicial, Rule 74 sec 1
petition for allowance of the will? ii. Summary Settlement of estate
 Extrinsic validity of the will of small value, Rule 74 sec 2
20. Are there instances when probate court iii. Judicial partition, Rule 69
resolves intrinsic validity of the will? iv. Judicial settlement through
 As to when probate court may look into letters testamentary,
intrinsic validity, as an exception, READ commenced by a pet for
Nuguid v Nuguid probate, or letters of
21. What are the exceptions? administration, commenced by a
 As the exceptions on probate court’s pet for appointment of
limited jurisdiction, administrator
i. Determination of who are the 27. Distinguish regular administrator from
heirs special administrator?
ii. validity of Waiver of hereditary  A special administrator is a
rights representative of the decedent
iii. Status of each Heir and Wife appointed by the probate court to care
(legal wife) or preserve his estate until an executor
iv. Whether property in Inventory is or general administrator is appointed.
Conjugal or Separate (Prop. Thus, he is an officer of the court who is
Regime) subject to supervision and control of the
v. Matters Incidental or Collateral court.
to settlement and distribution of  Regular admin is the one appointed by
the estate the court thru the letter of administration
vi. Validity of Disinheritance while special admin is appointed to
vii. Recognition of Natural child preserve the estate pending the appt of
READ Agtarap v Agtarap 2011 a regular admin
22. In this instance, when may the will be 28. Is the order appointing special admin
considered null and void? appealable?
 No
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29. May the probate court in a petition for
probate resolve issue on ownership?
 Yes, only for purposes of determining it
provisionally for inventory.
30. Does an extrajudicial settlement partake the
nature of a contract?
 Yes. It must also comply with requisites
of contract under Art 1318. Thus, may
be subject to actions for annulment of
nullity thereof.
31. May any of the heir or party there object to
the extrajudicial settlement or partition after
execution?
 For those who participated in the
extrajudicial settlement, they have 2
years to object, otherwise barred. But,
for those who did not, or when not
notified, the 2-year time bar will not
apply
32. What’s the remedy of the heir who was not
given notice of the extrajudicial settlement?
 The remedy is an action for
reconveyance based on implied or
constructive trust, which prescribes in 10
years from registration of the
extrajudicial settlement, or issuance of
corresponding titles. But, if there’s bad
faith in securing title, reckoned from
discovery
33. What’s evidence to authenticate a will?
 If not contested, notarial will, testimony
of at least 1 subscribing witness, if
contested, notarial will, testimony of all 3
subscribing witness and the notary
public.
 If holographic will, not contested,
testimony of a person who personally
knows the signature and handwriting of
the testator, if contested, testimony of all
witnesses to the handwriting and
signature of the testator.
34. May the testator himself/ herself file a pet for
probate of his/her will?
 Yes
35. Does that need publication?
 No
36. Why?
 Because only notice to the compulsory
heirs is necessary.
37. May a will executed abroad be probated here
in the Phil?
 Yes
38. What are the requirements?
 Due execution in accordance with
foreign laws, that decedents was
domiciled in such foreign country at time
of death, that will was admitted to
probate by foreign court, that foreign
court is a probate court, and that
allowance of will was in accord with
foreign law
39. Who should be notified in all petitions for
probate of the will?
 executors, devisees, legatees, heirs,
other persons interested
40. Who are qualified to be appointed as Regular
Administrator?
 at least 18 years old, resident, one
which the court deems such person as
fit, accepts the trust and gives the
required bond
41. Who are disqualified?
 minor, nonresident, person which for the
court is deemed unfit
42. What proof is required when will is lost or
destroyed?
 for notarial will, the execution and
validity of will should be established, the
will must have been in existence at the
time of death of testator or shown to
have been accidentally destroyed in the
lifetime of testator, provisions are clearly
and distinctly proved by 2 credible
witnesses
 for holographic will, generally it cannot
be proven if lost or destroyed
43. Why will it not apply to holo will?
 It’s difficult to prove a lost or destroyed
holo will, which is entirely written by
testator without witnesses. Only the
testator knows the contents thereof.
44. What’s the period to file a claim against the
estate?
 the period to claims against the estate
shall not be more than 12 months nor
less than 6 months after the date of the
first publication of notice
45. What are the claims that can be filed against
the Executor or Administrator?
 Claims for money, debt, or interest
thereon upon a liability contracted by the
decedent before his death.
46. What are the claims which are not allowed?
 Claims arising after his death
47. What’s authority does Exec or Administrator
exercises?
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  In general, the Exec or Administrator 56. What’s the preference of distribution of the
exercises act of administration, but estate?
needs approval from the court for acts of  From the portion of property designated
strict dominion, like to sell, mortgage in the will
etc.  Personal Property
48. What actions are allowed against Exec or  Real property
Administrator? 57. How will the residue of the estate be
 those for the recovery of real and distributed?
personal property, action to recover  It shall be distributed after payment of all
damages due to injury to a person and debts, funeral expenses, expenses for
property, and enforcement of lien administration, and inheritance tax is
made
Take Note: Don’t confuse between ACTIONS not 58. May that be through a project of partition that
allowed / allowed against Exec or Admin, AND. CLAIMS the heirs or parties may agree on?
allowed and those that do not survived. The Rules are  Yes
different on Actions and on Claims 59. Once approved by the court, may the Order
of Approval be appealable?
49. What are the actions that survive, and what  Yes
are those that do not survive? 60. What are those appealable in settlement
 Actions that survive are the recovery of proceedings?
real and personal property, action to  Order allowing or disallowing a will
recover damages due to injury to a  Order determining who the lawful heirs
person and property, and enforcement of a deceased person are
of lien. action that do not survive are  Order allowing or disallowing any claim
those for the recovery of money against the estate
50. What’s the double value rule in settlement of
estate?
 Order settling the account of an
executor, administrator, trustee or
 a person shall be liable to an action in
guardian
favor of the EXEECAAD double the
value of the property sold, alienated or
embezzled for the benefit of the estate
51. What’s the statute of non-claims?
 These are money claims for recovery of
money and which are not secured by a
lien against the estate, if not file shall be
barred
52. Is it possible for a claim to be allowed after
the period allowed?
 Yes
53. Until when may it be allowed?
 Jurisprudence allow within 1 month from
expiration of the perod, but in no case
beyond date of entry of order of
distribution, or before the order of
distribution becomes final
54. Does a money claim against the estate
require a certificate against forum shopping?
 No
55. May claims against the estate be set up as a
counterclaim against the Exec or
Administrator?
 Yes