Special Proceedings Part 2

- Rule 75 to 90 Settlement or Distribution of Estates.

o Section 1 Rule 75 Production and Allowance of wills
o What is a will. Two kinds, Holographic and Notarial
o Gallanoza vs. Archangel 83 SCRA 676
o Probate of will. Precedence over intestate proceedings
o Morales vs. Olandrez, Feb. 3, 2016
o Cuenco vs. CA, Oct. 26, 1973
o Oriarte vs. CFI May 29, 1970
o Baluyot vs. Pano, May 7, 1976
o Casiano vs. Maluto, Sept. 30, 1977, Intestate proceedings already
terminated
o Advincula vs. Teodoro, May 31, 1956, Letters of Administration

- Due execution of will. Articles 805-806 of the Civil Code

o Dorotheo vs. CA Dec. 8, 1999, Lawyer executed deed of partition.
o Tanchangco vs. Santos June 8, 2020
o Disallowance of a will Section 9 Rule 76 ROC; Article 839 of the
Civil Code
o Conclusive nature of a will. Appeal under Rule 109.
o Morales vs. Olondrez.
o Nepomuceno vs. CA, Oct. 9, 1985
o Can a person in custody of the will be compelled by mandamus to
bring the will to the court? Uykwaoig vs. Lee

- Rule 76 Section 1. Persons who has a claim against the estate.

o Can a testator during his lifetime have his will probated in court?
o San Luis vs. San Luis Feb. 6, 2007
o Pee Ing Chong vs. Herrera March 25, 1976
o Palaganes vs. Palaganes
o Jurisdictional facts of exhibits
o Rodriguez vs. De Borja 17 SCRA 418
o Probate of will is a proceeding in rem.
o De Aranz vs. Galiog May 28, 1988
o Lerio vs. Lunga Oct. 8, 2018