Settlement of Estate continuation…

2 phases: Liquidation and Distribution

Remedy of excluded heir

Timeframe

Powers of probate court,

Rule on ownership issues. GR: limited jurisdiction (act w/in that sphere.); XPN, if no 3 rd part, all parties
are interested,…. The court may adjudicate ownership…

Court merely makes prima facie determination….

Know the EXCEPTIONS…. For midterms…

ESCHEATS

Jurisdictional facts

Purpose

Importance of location.

-If real property – to the municipalities or cities, respectively, in which the same is situated

- Such estate shall be for the benefit of public schools, and public charitable institutions and centers in
said municipalities or cities.

- but judge is not limited. Pde din other purpose.(record 21 mins?)

Remedy. 6 years after Escheat became final. Barred na if after 5 years

- Section 4. When and by whom claim to estate filed. — If a devisee, legatee, heir, widow,
widower, or other person entitled to such estate appears and files a claim thereto with the court
within five (5) years from the date of such judgment, such person shall have possession of and
title to the same, or if sold, the municipality or city shall be accountable to him for the proceeds
after deducting reasonable charges for the care of the estate; but a claim not made within the
said time shall be forever barred

REMEDIES ang iqquestion….

Writ of HC v Privilege of writ

[1] Peremptory writ of habeas corpus unconditionally commanding the respondent to have

the body of the detained person before the court at a time and place therein specified. [2]
Preliminary citation requiring t

Writ of HC v Privilege of Writ

- Writ is the document issued..

- The writ of habeas corpus is a process that is tantamount to a summons to appear before the
court issuing it for an inquiry into the cause of the restraint complained of. Its issuance does not
amount to an adjudication of the issue of legality of the restraint. It is just an order to appear
and explain. (merely commands person to appear in court to show and produce the body;
preliminary inquiry lang)
- The privilege of the writ, on the other hand, is the writ issued to enforce the court’s decision on
the merits finding the restraint illegal and directing the release from custody of the detained
individual (but in privilege, it is the decision already that the person is illegally restrained and
directed to be released)

So, if

Determination of the legality of the validity of

Concept of Restraint

- Must be actual and effective, not merely nominal or moral restraint

- But, Physical restraint is not always required. Must be any restraint which will prejudice freedom
of action is sufficient [Moncupa v. Enrile, G.R. No. L-63345 (1986)]

Who may Issue?

- SC
- CA
- RTC
- Family Courts
- MTC, in its special jurisdiction or where there are no available RTC Judges

Procedure

1. Application for the writ by petition [Sec. 3, Rule 102]

2. Grant or disallowance of writ and issuance by court or judge [Secs. 4-5, Rule 102
3. Clerk of court issues the writ under the seal of court (in case of emergency, by the judge himself)
[Sec. 5, Rule 102]
4. Service
 a. By whom: sheriff or other proper officer BUT in case of emergency where the judge
himself issues the writ, the judge may depute any person to serve the writ [Sec. 5, Rule
102]
b. How: leaving the original with the person to whom it is directed and preserving a copy
on which to make return
c. To whom: officer in custody or any officer (when in custody of person other than an
officer) [Sec. 7, Rule 102
5. Writ executed and returned [Sec. 8, Rule 102
6. Hearing by the court (upon return) [Sec. 12, Rule 102
7. Execution of the writ
a. Officer brings the person before the judge, and
b. Officer makes the due return [Sec. 8, Rule 102

Contents of the Petition

- That the person is imprisoned or deprived of his liberty

- officer or name of the person by whom he is so imprisoned or restrained;
- place where he is so imprisoned or restrained, if know
- Copy of the commitment or cause of detention of such person, if it can be procured without
impairing the efficiency of the remedy. If imprisonment or restraint is without any legal
authority, such fact shall appear

When the RETURN considered evidence, and when only a plea

- IF Custody under warrant of commitment in pursuance of law = The return shall be considered
prima facie evidence of the cause of restraint
- IF Restraint is by private authority = The return shall be considered only as a plea of the facts
therein set forth, and the party claiming the custody must prove such facts
WRIT OF KALIKASAN

Requisites

Effect of Writ

IF YOU HAVE WRIT OF KALIKASAN, What is that empowered you to do?

WRIT OF DATA

IF YOU HAVE WRIT OF HABEAS DATA, What is that empowered you to do?

- updating, rectification, suppression or destruction of the database or information or files kept by

the respondent?