Ordinary civil action v special proceedings

* what is an ordinary civil acio

Number of parties involved: more than two parties
Special proceedings, is possible only one party
Ordinary civil action by complaint
Special proceedings through petition

Additional jurisdictional requiremnt in special proceedings publication in newspaper of general

circulation

When does MTC require jurisdiction over settlement of estate If gross value does not ecxeed 300k
outside metro or exceed 400k

Intestate will consolidated with testate, testate will take predece

Filing of pleadings; 30 days
Venue of settlement of estate:

When is a person presumed dead for purposed of opening succession: after 10 years
He can recover the balance minus his debts. Is he entitled to

One of the requisites of extrajudicial settlement, all heirs execute a document filed before the register
of deeds. A and B executed extrajudicial without participation of C. Was there extrajudicial
settlemetn?
He can file
Can the heirs enter into an agreement as to how to partition the properties. Does not need to be
private documetn.

REQUISITIES FOR SUMMARY PATITION OF ESTATE

The heir can file with the register of deeds an affidavit of self adjudication and it must be published in
a newspaper in general curculation
What is the purpose of the bond?==answer for liability in case any creditor has a claim

Can the court proceed without appointing any administrator or executor? Yes. Personal property,
equivalent

When is there a presumption that dissident left no debts

-> when there are no creditors that have filed for the debts of the deceased

Not left any letters of administration. Within two years after the death of the decedent. The
presumption is

Remedies available to creditors after settled:

1. Within what perio is reconveyance?
When can he avail of reconveyance of real property? Within 10 years

Annulment of extra judicial settlment:

When is marriage dissovled:

Other remedies aviable in settlement of estate

Preterition of compulsory heirs. When one of the compulsory heirs has been pretireted

What if there was a deliberate intent on the part of the testator to

Heir can sell the share if the will has been probated

Can you sell during the provate?

What is the duty of the custodian of the will? He acts an executor of the estate o

Proceeding in rem: it is binding against the whole woel upon publication

Assuming one of the heirs is a minor, when can the minor avail of the remedies? (codal)

They should avail of those remedies. Aside from the fact that the proceeding is in rem, it is non
adversarial. It is imprescritible. The law honors the testacy of the decedent.

What is a will?
The probate proceeding has the nature or in rem, mandatory, and impresctible. Why is it mandatory?

Will not pass either real or personal, unless it is

One of the issues is the intrinsic validity of the will. What does it speak of? The formalities required by
the law,
When it comes to notarial will, what aare the formal requisites. In writing, subscribed by the testator,
all shall be numbered.
Because it will defeat the purpose of the three subscribing witnesses rule. The testator can have the
will probated in his lifetime.

Who may file for the probate of the will? Any other person interested in the estate. The petition of
the court having jurisdiction. Can file even if the testator is still alive. They may file such at any time
after the death of testator

Who may file the petition for the proate of the will? IF they can file the same only after the death of
the testator. The testator can file antemortem

Probate of a will is mandatory in settlment of estate.

Will the meredelivery of will to court, will it vest jurisdiction to court even if no petition has been
filed? The court will acquire jurisdiction even if no petition has been filed.

Lets say he has been a parish priest for several decades. At the time of his death, probate of will filed
in courts of Makati. What ground will you raise? Improper venue because t

Probate or allowance of will: The court will determine the authenticity or due execution of the will.
When will the will be probated? Before or after the death of the testator. How do you call it when it is
the testator who files the will. Antemortem before death. During lifetime of testator, publication is
not required for probate.

Who is a legatee? One who

What are the jurisdictional facts when you file petition for probate of the will.

To see if theb deceased died testate

Requisites for notarial will has been complied with

The fact that the will was delivered to the court and that the name of the person to whom the
petition was for. What are the jurisdcitional facts shall include: death of testator, residence at time of
death, fact that the will was delivered to the court.

What is the effect of a probate of a will? Conclusive upon the parties

It is conclusive as to the execution and validity of the will (extrinsic validity) covers the legal
formalities, testamentary capacity, due execution. What proof is needed before introducing
testimony to probate of will. Wills should be presented in court.
What evidence is needed to support the will in the event that it is uncontested?

One of the witnesses is residing outside the province of the court. Their depositions would be needed.

Jurisdictional facts in the probate of the will

Assuming a photocopy of the will is attached to the provision, will that be suffficient? The
presentment of a will should be in it’s original form and
Fact of death, residence at the time of death, if he is not an inhabitant of The Phil, the place where
the estate is located and publication. ASsuming the will was probated without complying with
publication, what would be the effect? The court will not have jurisdiction

Two modes of notification: 1. mail 20 days before hearing 2. personal service, 10 days before hearing

What if it is the petitioner who filed for the probate of his own will? To whom will notices be said? It
will only be to the compulsory heirs

In the absence of the spouse, the direct decedents of the testator with respect to their legitimate
parents or ascendants with respect to legitimagte descendants

Assuming the will is lost or destroyed, how will you allow the probate? It depends on what kind of
will. If notorial, proven duly executed etc.

Cases court allowed photocopy or facts

Purpose is to determine the

Shows that the testator is the one who made the will.

There are several grounds or dissalowance of will

What are the grounds
If not attested in accordance with requirments of law,

In writing to properly determine the testator in disposition of property. Can judge solemnize marriage
through video conferenceing

Who may contest a will?

ANy person who has a legal interest in the will may contest:
Heirsm family

Law at the time of the probate? Law at the time of the death of the decedent.

The subscribing witnesses must be of legal age and must be able to

Is it necessary that the testimony of the three subscribing witnesses must all be the same?

When there is doubt,

In case of holographic will
In addition,

Handwriting of the testator

COVERAGe: start until writ of kalikasan (read as many cases)