2012

2011
(1) Anna filed a petition for appointment as regular administratrix of her fathers' estate. Her sister Sophia
moved to dismiss the petition on the ground that the parties, as members of the same family, have not exerted
earnest effort toward a compromise prior to the filing of the petition. Should the petition be dismissed?
(A) Yes, since such earnest effort is jurisdictional in all estate cases.
(B) No, since such earnest effort is not required in special proceedings.
(C) Yes, since such earnest effort is required prior to the filing of the case.
(D) No, since such earnest effort toward a compromise is not required in summary proceedings.
2010
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 Czarinas will. Marco, on the other hand, instituted intestate
proceedings.
Both actions were consolidated before the RTC of Pasig. On motion of Marco, Duquezas petition was ordered
dismissed on the ground that the will is void for depriving him of his legitime. Argue for Duqueza. (5%)
XV
Pedrillo, a Fil-Am permanent resident of Los Angeles, California at the time of his death, bequeathed to Winston
a sum of money to purchase an annuity. Upon Pedrillos demise, his will was duly probated in Los Angeles and
the specified sum in the will was in fact used to purchase an annuity with XYZ of Hong Kong so that Winston
would receive the equivalent of US$1,000 per month for the next 15 years.
Wanting to receive the principal amount of the annuity, Winston files for the probate of Pedrillos will in the
Makati RTC. As prayed for, the court names Winston as administrator of the estate.
Winston now files in the Makati RTC a motion to compel XYZ to account for all sums in its possession forming
part of Pedrillos estate. Rule on the motion. (5%)
XVI
Sal Mineo died intestate, leaving a P1 billion estate. He was survived by his wife Dayanara and their five children.
Dayanara filed a petition for the issuance of letters of administration. Charlene, one of the children, filed an
opposition to the petition, alleging that there was neither an allegation nor genuine effort to settle the estate
amicably before the filing of the petition. Rule on the opposition. (5%)
2009
XVIII

Pinoy died without a will. His wife, Rosie, and three children executed a deed of extrajudicial settlement of his
estate. The deed was properly published and registered with the Office of the Register of Deeds. Three years
thereafter, Suzy appeared, claiming to be the illegitimate child of Pinoy. She sought to annul the settlement
alleging that she was deprived of her rightful share in the estate.
Rosie and the three children contended that (1) the publication of the deed constituted constructive notice to
the whole world, and should therefore bind Suzy; and (2) Suzy's action had already prescribed.
Are Rosie and the three children correct? Explain. (4%)
2008
XIII
An heir/oppositor in a probate proceeding filed a motion to remove the administrator on the grounds of neglect
of duties as administrator and absence from the country. On his part the heir/oppositor served written
interrogatories to the administrator preparatory to presenting the latter as a witness. The administrator
objected, insisting that the modes of discovery apply only to ordinary civil actions, not special proceedings. Rule
on the matter. (4%)
XVIII
Domenico and Gen lived without benefit of marriage for twenty years, during which time they purchased
properties together. After Domenico died without a will, Gen filed a petition for letters of administration.
Domenicos siblings opposed the same on the ground that Gen has no legal personality. Decide. (4%)
2007
VIII
The heirs of H agree among themselves that they will honor the division of H's estate as indicated in her Last
Will and Testament. To avoid the expense of going to court in a Petition for Probate of the Will, can they instead
execute an Extrajudicial Settlement Agreement among themselves? Explain briefly. (5%)
2006
- XIII Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa City , of sound
and disposing 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 P300 Million. He bequeathed P50 Million each to his 3 sons and P150 Million to his wife. He
devised apiece of land worth P100 Million to Susan, his favorite daughter-in-Iaw. 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 for probate of
the latter's last will and testament? 2%
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%
Can the probate court appoint the widow as executor of the will? 2%

Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2%
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 proper court? 2%