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Every will, other than a holographic will, must be subscribed at the end
thereof by the testator himself or by the testator's name written by some other
person in his presence, and by his express direction, and attested and subscribed by
three or more credible witnesses in the presence of the testator and of one another.
The testator or the person requested by him to write his name and the instrumental
witnesses of the will, shall also sign, as aforesaid, each and every page thereof,
except the last, on the left margin, and all the pages shall be numbered correlatively
in letters placed on the upper part of each page.
The attestation shall state the number of pages used upon which the will is written,
and the fact that the testator signed the will and every page thereof, or caused some
other person to write his name, under his express direction, in the presence of the
instrumental witnesses, and that the latter witnessed and signed the will and all the
pages thereof in the presence of the testator and of one another.
Article 806. Every will must be acknowledged before a notary public by the testator
and the witnesses. The notary public shall not be required to retain a copy of the
will, or file another with the office of the Clerk of Court.(n)
Article 810. A person may execute a holographic will which must be entirely written,
dated, and signed by the hand of the testator himself. It is subject to no other form,
and may be made in or out of the Philippines, and need not be witnessed. (678,
688a)
Article 811. In the probate of a holographic will, it shall be necessary that at least
one witness who knows the handwriting and signature of the testator explicitly
declare that the will and the signature are in the handwriting of the testator. If the
will is contested, at least three of such witnesses shall be required.
Article 812. In holographic wills, the dispositions of the testator written below his
signature must be dated and signed by him in order to make them valid as
testamentary dispositions. (n)
CHAPTER XII
FORMS USED IN LAND REGISTRATION AND CONVEYANCING
Article 1498. When the sale is made through a public instrument, the execution
thereof shall be equivalent to the delivery of the thing which is the object of the
contract, if from the deed the contrary does not appear or cannot clearly be
inferred.
With regard to movable property, its delivery may also be made by the delivery of
the keys of the place or depository where it is stored or kept. (1463a)
Article 1544. If the same thing should have been sold to different vendees, the
ownership shall be transferred to the person who may have first taken possession
thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the person
acquiring it who in good faith first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person who in
good faith was first in the possession; and, in the absence thereof, to the person
who presents the oldest title, provided there is good faith. (1473)
Article 1878. Special powers of attorney are necessary in the following cases:
(1) To make such payments as are not usually considered as acts of administration;
(2) To effect novations which put an end to obligations already in existence at the
time the agency was constituted;
(6) To make gifts, except customary ones for charity or those made to employees in
the business managed by the agent;
(7) To loan or borrow money, unless the latter act be urgent and indispensable for
the preservation of the things which are under administration;
(8) To lease any real property to another person for more than one year;
Art. 77. The marriage settlements and any modification thereof shall be in
writing, signed by the parties and executed before the celebration of the marriage.
They shall not prejudice third persons unless they are registered in the local civil
registry where the marriage contract is recorded as well as in the proper registries
of properties. (122a)
RULE 74
SUMMARY SETTLEMENT OF ESTATES
Article 6. Rights may be waived, unless the waiver is contrary to law, public order,
public policy, morals, or good customs, or prejudicial to a third person with a right
recognized by law. (4a)
Section 2. Lessor to proceed against lessee only after demand. Unless otherwise
stipulated, such action by the lesser shall be commenced only after demand to pay
or comply with the conditions of the lease and to vacate is made upon the lessee,
or by serving written notice of such demand upon the person found on the premises
if no person be found thereon, and the lessee fails to comply therewith after fifteen
(15) days in the case of land or five (5) days in the case of buildings. (2a)
Section 4. Pleadings allowed. The only pleadings allowed to be filed are the
complaint, compulsory counterclaim and cross-claim pleaded in the answer, and the
answers thereto. All pleadings shall be verified. (3a, RSP)
Section 5. Action on complaint. The court may, from an examination of the
allegations in the complaint and such evidence as may be attached thereto, dismiss
the case outright on any of the grounds for the dismissal of a civil action which are
apparent therein. If no ground for dismissal is found, it shall forthwith issue
summons. (n)
Section 6. Answers. Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a copy thereof on the
plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed
waived, except lack of jurisdiction over the subject matter. Cross-claims and
compulsory counterclaims not asserted in the answer shall be considered barred.
The answer to counterclaims or cross-claims shall be served and filed within ten (10)
days from service of the answer in which they are pleaded. (5 RSP)
Section 7. Effect of failure to answer. Should the defendant fail to answer the
complaint within the period above provided, the court, motu proprio or on motion
of the plaintiff, shall render judgment as may be warranted by the facts alleged in
the complaint and limited to what is prayed for therein. The court may in its
discretion reduce the amount of damages and attorney's fees claimed for being
excessive or otherwise unconscionable, without prejudice to the applicability of
section 3 (c), Rule 9 if there are two or more defendants.
(6, RSP)
The failure of the plaintiff to appear in the preliminary conference shall be cause for
the dismissal of his complaint. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on his counterclaim in accordance with the
next preceding section. All cross-claims shall be dismissed. (7, RSP)
If a sole defendant shall fail to appear, the plaintiff shall likewise be entitled to
judgment in accordance with the next preceding section. This procedure shall not
apply where one of two or more defendants sued under a common cause of action
defense shall appear at the preliminary conference.
Section 9. Record of preliminary conference. Within five (5) days after the
termination of the preliminary conference, the court shall issue an order stating the
matters taken up therein, including but not limited to:
1. Whether the parties have arrived at an amicable settlement, and if so, the
terms thereof;
3. Whether, on the basis of the pleadings and the stipulations and admission
made by the parties, judgment may be rendered without the need of further
proceedings, in which event the judgment shall be rendered within thirty (30) days
from issuance of the order;
Section 10.Submission of affidavits and position papers. Within ten (10) days
from receipt of the order mentioned in the next preceding section, the parties shall
submit the affidavits of their witnesses and other evidence on the factual issues
defined in the order, together with their position papers setting forth the law and
the facts relied upon by them. (9, RSP)
Section 11.Period for rendition of judgment. Within thirty (30) days after receipt
of the affidavits and position papers, or the expiration of the period for filing the
same, the court shall render judgment.
However, should the court find it necessary to clarify certain material facts, during
the said period, issue an order specifying the matters to be clarified, and require the
parties to submit affidavits or other evidence on the said matters within ten (10)
days from receipt of said order. Judgment shall be rendered within fifteen (15) days
after the receipt of the last affidavit or the expiration of the period for filing the
same.
The court shall not resort to the foregoing procedure just to gain time for the
rendition of the judgment. (n)
5. Motion for extension of time to file pleadings, affidavits or any other paper;
6. Memoranda;
10. Reply;
Section 14.Affidavits. The affidavits required to be submitted under this Rule shall
state only facts of direct personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits
the same to disciplinary action, and shall be cause to expunge the inadmissible
affidavit or portion thereof from the record. (20, RSP)
A possessor deprived of his possession through forcible from the filing of the
complaint, present a motion in the action for forcible entry or unlawful detainer for
the issuance of a writ of preliminary mandatory injunction to restore him in his
possession. The court shall decide the motion within thirty (30) days from the filing
thereof. (3a)
Section 17.Judgment. If after trial court finds that the allegations of the complaint
are true, it shall render judgment in favor of the plaintiff for the restitution of the
premises, the sum justly due as arrears of rent or as reasonable compensation for
the use and occupation of the premises, attorney's fees and costs. If a counterclaim
is established, the court shall render judgment for the sum found in arrears from
either party and award costs as justice requires. (6a)
The judgment or final order shall be appealable to the appropriate Regional Trial
Court which shall decide the same on the basis of the entire record of the
proceedings had in the court of origin and such memoranda and/or briefs as may be
submitted by the parties or required by the Regional Trial Court. (7a)
After the case is decided by the Regional Trial Court, any money paid to the court
by the defendant for purposes of the stay of execution shall be disposed of in
accordance with the provisions of the judgment of the Regional Trial Court. In any
case wherein it appears that the defendant has been deprived of the lawful
possession of land or building pending the appeal by virtue of the execution of the
judgment of the Municipal Trial Court, damages for such deprivation of possession
and restoration of possession and restoration of possession may be allowed the
defendant in the judgment of the Regional Trial Court disposing of the appeal. (8a)
The same penalty shall be imposed upon any person who, having sufficient funds in
or credit with the drawee bank when he makes or draws and issues a check, shall
fail to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of
any check, when refusing to pay the same to the holder thereof upon presentment,
to cause to be written, printed, or stamped in plain language thereon, or attached
thereto, the reason for drawee's dishonor or refusal to pay the same: Provided, That
where there are no sufficient funds in or credit with such drawee bank, such fact
shall always be explicitly stated in the notice of dishonor or refusal. In all
prosecutions under this Act, the introduction in evidence of any unpaid and
dishonored check, having the drawee's refusal to pay stamped or written thereon
or attached thereto, with the reason therefor as aforesaid, shall be prima facie
evidence of the making or issuance of said check, and the due presentment to the
drawee for payment and the dishonor thereof, and that the same was properly
dishonored for the reason written, stamped or attached by the drawee on such
dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the
notice that there were no sufficient funds in or credit with such bank for the
payment in full of such check, if such be the fact.
Section 4. Credit construed. - The word "credit" as used herein shall be construed to
mean an arrangement or understanding with the bank for the payment of such
check.
Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall
be without prejudice to any liability for violation of any provision of the Revised
Penal Code.
Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the
Official Gazette.