Habeas Corpus (2003)

Widow A and her two children, both girls, aged 8 and 12 years old, reside in Angeles City, Pampanga. A leaves her
two daughters in their house at night because she works in a brothel as a prostitute. Realizing the danger to the
morals of these two girls, B, the father of the deceased husband of A, files a petition for habeas corpus against A
for the custody of the girls in the Family Court in Angeles City. In said petition, B alleges that he is entitled to the
custody of the two girls because their mother is living a disgraceful life. The court issues the writ of habeas corpus.
When A learns of the petition and the writ, she brings her two children to Cebu City. At the expense of B the
sheriff of the said Family Court goes to Cebu City and serves the writ on A. A files her comment on the petition
raising the following defenses: a) The enforcement of the writ of habeas corpus in Cebu City is illegal; and b) B has
no
(a) The writ of habeas corpus issued by the Family Court in Angeles City may not be legally enforced in Cebu City,
because the writ is enforceable only within the judicial region to which the Family Court belongs, unlike the writ
granted by the Supreme Court or Court of Appeals which is enforceable anywhere in the Philippines. (Sec. 20 of
Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors. (A.M. No. 03-04-04-SC; see
also Sec. 4 of Rule 102, Rules of Court.)
(b) B, the father of the deceased husband of A, has the personality to institute the petition for habeas corpus of
the two minor girls, because the grandparent has the right of custody as against the mother A who is a prostitute.
(Sectioins 2 and 13, Id.)

Habeas Corpus (2007) Husband H files a petition for declaration of nullity of marriage before the RTC of Pasig City.
Wife W files a petition for habeas corpus before the RTC of Pasay City, praying for custody over their minor child. H
files a motion to dismiss the wife’s petition on the ground of the pendency of the other case. Rule.
SUGGESTED ANSWER: The motion to dismiss the petition for habeas corpus should be granted to avoid
multiplicity of suits. The question of who between the spouses should have custody of their minor child could also
be determined in the petition for declaration of nullity of their marriage which is already pending in the RTC of
Pasig City. In other words, the petition filed in Pasig City, praying for custody of the minor child is unnecessary and
violates only the cardinal rules of procedure against multiplicity of suits. Hence, the latter suit may be abated by a
motion to dismiss on the ground of litis pendentia (Yu v. Yu, 484 SCRA 485 [2006]).

Habeas Corpus; Bail (2008) After Alma had started serving her sentence for violation of BP 22, she filed a petition
for a writ of habeas corpus, citing Vaca vs CA where the sentence of imprisonment of a party found guilty of
violation of BP 22 was reduced to a fine equal to double the amount of the check involved. She prayed that her
sentence be similarly modified and that she be immediately released from detention. In the alternative, she prayed
that pending determination on whether the Vaca ruling applies to her, she be allowed to post bail pursuant to Rule
102, Sec. 14, which provides that if a person is lawfully imprisoned or restrained on a charge of having committed
an offense not punishable by death, he may be admitted to bail in the discretion of the court. accordingly, the trial
court allowed Alma to post bail and then ordered her release. In your opinion, is the order of the trial court correct –
(a) Under Rule 102? (2) Suppose D’s administrator did not allege any claim against X by way of offset, can D’s
administrator prosecute the claim in an independent proceeding/ why/ (3%)
SUGGESTED ANSWER: No, Alma, who is already convicted by final judgment, cannot be entitled to bail
under Sec. 14, Rule 102. The provision presupposes that she had not been convicted as yet. It provides that if she
is lawfully imprisoned or restrained for an offense not punishable by death, she may be recommitted to
imprisonment or admitted to bail in the discretion of the court or judge (Sec. 14, Rule 102; Celeste vs. People, 31
SCRA 391; Vicente vs. Judge Majaducon, A.M. No. RTJ-02-1698, 23 June 2005; San Pedro vs. Peo, G.R. No.
133297, 15 August 2002).
Under the Rules of Criminal Procedure, Rule 114, Sec. 24 clearly prohibits the grant of bail after conviction
by final judgment and after the convict has started to serve sentence. In the present case, Alma had already
started serving her sentence. She cannot, therefore, apply for bail (Peo. vs. Fitzgerald, G.R. No. 149723, 27
October 2006). Habeas Corpus; Jurisdiction; Sandiganbayan (2009 In the exercise of its original jurisdiction, the
Sandiganbayan may grant petitions for the issuance of a writ of habeas corpus.
Intestate Proceedings; Debts of the Estate (2002)
A, B and C, the only heirs in D’s intestate proceedings, submitted a project of partition to the partition, two lots were
assigned to C, who immediately entered into the possession of the lots. Thereafter, C died and proceedings for the
settlement of his estate were filed in the RTC-Quezon City. D’s administrator then filed a motion in the probate
court (RTC-Manila), praying that one of the lots assigned to C in the project of partition be turned over to him to
satisfy debts corresponding to C’s portion. The motion was opposed by the administrator of C’s estate. How should
the RTC Manila resolve the motion of D’s administrator? Explain. (3%)
The motion of D’s administrator should be granted. The assignment of the two lots to C was premature
because the debts of the estate had not been fully paid. [Rule 90, sec. 1; Reyes v. Barreto-Datu, 19 SCRA 85
(1967)].

State the rule on venue in judicial settlement of estate of deceased persons. (2%)
 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 place where he
used to live. (Jao v. Court of Appeals, G.R. No. 128314, May 29, 2002)
If he is an inhabitant, of a foreign country, the RTC of any province or city in which he had estate shall be
the venue. The court first taking cognizance of the case shall exercise jurisdiction to the exclusion of all other
courts. When the marriage is dissolved by the death of the husband or wife, the community property shall be
inventoried, administered and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the
deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate
proceedings of either. (Sees. 1 and 2, Rule 73, Rules of Court)

Probate of Will (2003)

A, a resident of Malolos, Bulacan, died leaving an estate located in Manila, worth P200,000.00. In what court,
taking into consideration the nature of jurisdiction and of venue, should the probate proceeding on the estate of A
be instituted? (4%)
The probate proceeding on the estate of A should be instituted in the Municipal Trial Court of Malolos,
Bulacan which has jurisdiction, because the estate is valued at P200,000.00, and is the court of proper venue
because A was a resident of Malolos at the time of his death. (Sec. 33 of BP 129 as amended by RA 7691; Sec. 1
of Rule 73).
Probate of Will (2005)
After Lulu's death, her heirs brought her last will to a lawyer to obtain their respective shares in the estate. The
lawyer prepared a deed of partition distributing Lulu's estate in accordance with the terms of her will. Is the act of
the lawyer correct? Why? (2%)
SUGGESTED ANSWER: No. No will, shall pass either real or personal estate unless it is proved and
allowed in the proper court. (Sec. 1, Rule 75, Rules of Court) Probate of Will (2006)

Letters of Administration; Interested Person (2008)

Domencio and Gen lived without benefit of marriage for 20 years, during which time they purchased properties
together. After Domencio died without a will, Gen filed a petition for letters of administration. Domencio’s siblings
opposed the same on the ground that Gen has no legal personality. Decide.
A petition for letters of administration may be filed by any “interested person” (Sec. 2, Rule 79, Rules of
Court). Gen would be considered an interested person if she was not married to Domenico, because she can claim
co-ownership of the properties left by him under their property regime of a union without marriage under conditions
provided in the Family Code 9Arts. 147-148, Family Code; San Luis vs. San Luis, G.R. No. 133743, February 6,
2007).

Probate of Lost Wills (1999)

What are the requisites in order that a lost or destroyed Will may be allowed? (2%)
a. In order that a lost or destroyed will may be allowed, the following must be complied with: 1 the execution
and validity of the same should be established; 2 the will must have been in existence at the time of the death of
the testator, or shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his
knowledge; and 3 its provisions are clearly and distinctly proved by at least two credible witnesses. (Sec. 6, Rule
76 of the Rules of Court)

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 signature was forged by X. A criminal action
for forgery was instituted against X. May the due execution of the Will be validly questioned in such criminal
action? (2%)
b. No. The allowance of the will from which no appeal was taken is conclusive as to its due execution. (Sec.
1 of Rule 75.) Due execution includes a finding that the will is genuine and not a forgery. Accordingly, the due
execution of the will cannot again be questioned in a subsequent proceeding, not even in a criminal action for
forgery of the will.

SPECIAL PROCEEDINGS Bar Exam Questions 1996-2013

Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa City, of mind,
executed a last will and testament in English, a language spoken and written by him proficiently. He disposed of his
estate consisting of a parcel of land in Makati City and cash deposit at the City Bank in the sum of P 300 Million.
He bequeathed P 50 Million each to his 3 sons and P 150 Million to his wife. He devised a piece of land worth
P100 Million to Susan, his favorite daughter-inlaw. He named his best friend, Cancio Vidal, as executor of the will
without bond. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper court a petition of
probate of the latter's last will and testament? (2%)
SUGGESTED ANSWER: Cancio Vidal is obliged to file a petition for probate and for accepting or refusing
the trust within the statutory period of 20 days under Sec. 3, Rule 75, Rules of Court.

(Sec. 1, Rule 75, Rules of Court). Can the widow and her children initiate a separate petition for partition of the
estate pending the probate of the last will and testament by the court? (2%)
SUGGESTED ANSWER: No, the widow and her children cannot file a separate petition for partition
pending the probate of the will. Partition is a mode of settlement of the estate (Sec. 1, Rule 75, Rules of Court).
Probate of Will; Mandatory Nature (2002)
What should the court do if, in the course of intestate proceedings, a will is found and it is submitted for probate?
Explain. (2%)
SUGGESTED ANSWER: If a will is found in the course of intestate proceedings and it is submitted for
probate, the intestate proceedings will be suspended until the will is probated. Upon the probate of the will, the
intestate proceedings will be terminated. (Rule 82, sec. 1).

Supposing the original copy of the last will and testament was lost, can Cancio compel Susan to produce a copy in
her possession to be submitted to the probate court. (2%)
SUGGESTED ANSWER: Yes, Cancio can compel Susan to produce the copy in her possession. A person
having custody of the will is bound to deliver the same to the court of competent jurisdiction or to the executor, as
provided in Sec. 2, Rule 75, Rules of Court.
Can the probate court appoint the widow as executor of the will? (2%)
SUGGESTED ANSWER: Yes, the probate court can appoint the widow as executor of the will if the
executor does not qualify, as when he is incompetent, refuses the trust, or fails to give bond (Sec. 6, Rule 78,
Rules of Court).
Can the widow and her children settle extrajudicially among themselves the estate of the deceased? (2%)
SUGGESTED ANSWER: No, the widow and her children cannot settle the estate extrajudicially because of
the existence of the Will. No will shall pass either real or personal estate unless it is proved and allowed in the
proper court the extrinsic validity of the will. In this case, Marco questioned the intrinsic validity of the will.

Probate of Will (2010) No.XIV.

Czarina died single. She left all her properties by will to her friend Duqueza. In the will, Czarina stated that she did
not recognize Marco as an adopted son because of his disrespectful conduct towards her. Duqueza soon instituted
an action for probate of Czarina’s will. Marco, on the other hand, instituted intestate proceedings. Both actions
were consolidated before the RTC of Pasig. On motion of Marco, Duqueza’s petition was ordered dismissed on the
ground that the will is void for depriving him of his legitime. Argue for Duqueza. (5%)
SUGGESTED ANSWER: The petition for probate of Czarina‟s will, as filed by Duquesa should not be
dismissed on mere motion of Marco who instituted intestate proceedings. The law favors testacy over intestacy,
hence, the probate of the will cannot be dispensed with. (See Sec. 5, Rule 75) Thus, unless the will – which shows
the obvious intent to disinherit Marco – is probated, the right of a person to dispose of his property may be
rendered nugatory (See Seanio vs. Reyes, G.R. Nos. 140371-72, Nov. 27, 2006). Besides, the authority of the
probate court is generally limited only to a determination of