Special Proceedings Finals Sigma moved to dismiss the action on the ground that Q8: X, the designated executor

8: X, the designated executor of a will, files a petition

the dispute should be resolved in the estate proceedings. for probate of the same. X and his counsel failed to
Q1: Anna filed a petition for appointment as regular Is Sigma correct? appear without justifiable cause at the hearing on the
administratrix of her fathers' estate. Her sister Sophia presentation of evidence and the court therefore
moved to dismiss the petition on the ground that the (A) Yes, questions of collation should be resolved in the dismissed, motu proprio, his petition for failure to
parties, as members of the same family, have not exerted estate proceedings, not in a separate civil case. prosecute. The effect of the dismissal is:
earnest effort toward a compromise prior to the filing of
the petition. Should the petition be dismissed? (B) No, since questions of ownership of property cannot be a. not an adjudication upon the merits.
resolved in the estate proceedings. b. the will can no longer be probated.
(A) Yes, since such earnest effort is jurisdictional in all c. it is a dismissal with prejudice.
estate cases. (C) Yes, in the sense that Betty needs to wait until the d. a bar to a subsequent action on the same cause.
estate case has been terminated.
(B) No, since such earnest effort is not required in special Q9: When may extrajudicial settlement of estate not be
proceedings. (D) No, the filing of the separate action is proper; but the filed?
estate proceeding must be suspended meantime.
(C) Yes, since such earnest effort is required prior to the a. In testate proceedings
filing of the case. Q4: In settlement proceedings, appeal may be taken from b. Intestate proceedings
an: c. When there are heirs
(D) No, since such earnest effort toward a compromise is d. ----------------------------
not required in summary proceedings. a. order appointing a special administrator;
b. order appointing an administrator; Q10: When there is a compromise agreement between
Q2: Alex filed a petition for writ of amparo against Melba c. order of an administrator to recover property of heirs during settlement of estate, which have not been
relative to his daughter Toni's involuntary disappearance. the estate; filed on time before the courts, what may the court do?
Alex said that Melba was Toni's employer, who, days d. order to include or exclude property from the
before Toni disappeared, threatened to get rid of her at estate. a. Court should dismiss since case is non-
all costs. On the other hand, Melba countered that she
contentious
had nothing to do with Toni's disappearance and that she Q5: In default of parents, the court may appoint a b. Court should dismiss since compromise
took steps to ascertain Toni's whereabouts. What is the guardian for a minor giving first preference to: agreement is not required in specpro
quantum of evidence required to establish the parties' c. Court should not dismiss
respective claims? a. an older brother or sister who is over 18 years d. Court should not dismiss
old.
(A) For Alex, probable cause; for Melba, substantial b. the actual custodian over 21 years old. Q11: When there is a compromise agreement between
evidence. c. a paternal grandparent heirs during settlement of estate, which have not been
d. an uncle or aunt over 21 years old. filed on time before the courts, what may the court do?
(B) For Alex, preponderance of evidence; for Melba,
substantial evidence. Q7: A wants to file a Petition for Writ of Habeas Data a. Court should dismiss since case is non-
against the AFP in connection with threats to his life contentious
(C) For Alex, proof beyond reasonable doubt; for Melba, allegedly made by AFP intelligence officers. A needs b. Court should dismiss since compromise
ordinary diligence. copies of AFP highly classified intelligence reports agreement is not required in specpro
collected by Sgt. Santos who is from AFP. A can file his c. Court should not dismiss
(D) For both, substantial evidence. petition with: d. Court should not dismiss
Q3: Apart from the case for the settlement of her a. RTC where AFP is located; Q12: Which of the following pleadings are appealable?
parents' estate, Betty filed an action against her sister, b. RTC where Sgt. Santos resides;
Sigma, for reconveyance of title to a piece of land. Betty c. Supreme Court;
claimed that Sigma forged the signatures of their late a. Order Directing Administrator to Take Action to
d. Court of Appeals.
parents to make it appear that they sold the land to her Recover Amount Due to the Estate; Interlocutory
when they did not, thus prejudicing Betty’s legitime.
 b. Order Appointing Special Administrator Not a. Liquidation proceedings
Appealable a. 48 hours b. Intra-corporate controversies/action for
c. Order Made in Administration Proceedings b. 15 days reconveyance
Relating to Inclusion or Exclusion of Items of c. 30 days c. Petition for corporate-rehabilitation
Property in the Inventory of Executor or d. 10 days d. Recognition of foreign judgment under ADR
Administrator, Interlocutory
d. Appealable Q18: Period when return of service in habeas data is Q24: The following are duties of special administrator
required to be filed? except:
Q13: Which of the following are not appealable?
a. 5 working days a. Pay debts of the estate/sell perishable goods
a. Allows or disallows a will; b. 5 calendar days (Hindi pede, unless may court order)
b. Determines who are the lawful heirs of a c. 10 working days b. Take possession and charge of the goods,
deceased person, or the distributive share of the d. 10 calendar days chattels, rights, credits, and estate of the
estate to which such person is entitled; deceased
c. Settles the account of an executor, Q19: Consequence when writ of amparo is filed and c. Commence and maintain suits as administrator
administrator, trustee or guardian; subsequently, criminal action is filed d. Submission of inventory
d. Not appealable
a. Consolidated Q25: Which of the following is not a remedy of the heir
Q14: Which of the following are not unappealable? (in b. __________ who has a share in the proceedings and has participated
other words appealable) c. __________ thereof?
d. __________
a. Motion for New Trial a. Reopening of the proceedings within 30 days
b. Motion for Reconsideration Q20: What will happen if the case for writ of habeas from order of distribution
c. Order Made in Administration Proceedings corpus is archived and not proceeded with during the b. Reconveyance, 10 years from discovery
Relating to Inclusion or Exclusion of Items of reglementary period? c. Annulment of judgment 4 years from judgment
Property in the Inventory of Executor or d. Annulment of judgment in fraud of creditors
Administrator, Interlocutory a. Dismissed with prejudice
d. Appealable b. Dismiss without prejudice Q26: Jurisdiction of Habeas data, where data is with
c. --------------------------------- government agency?
Q15: What is the amount of bond paid when the heirs ask d. ---------------------------------
for distribution before the order of distribution issued and a. SC,CA, SB
there are unpaid obligations Q21: Value of estate is 14,000, debts = 5,000. Which of b. RTC
the following is proper c. ----------------
a. Sum fixed by the court d. ----------------
b. Amount of obligations a. Extrajudicial settlement of estate
c. Twice the amount of unpaid obligations b. Summary settlement of estate of small value Q27: Period of appeal of the OSG in a petition for
d. ---------------------------------------------- c. Self-adjudication adoption
d. Filing for letter administration
Q16: Which of the following proceedings is 3 weeks a. 10 days
successive publication not a requirement Q22: Period of archiving and revival of amparo b. 15 days
c. 30 days
a. Change of name a. 2 years d. 45 days
b. Escheat b. 3 years
c. Appointment of representative in absentee c. 4 years
d. Etc. d. 5 years Q28: Kalibo seeks to change his name to Calvin, the latter
is his name in his school records. He is born in Manila,
Q17: Period of appeal in habeas corpus Q23: Which of the following is not a special proceeding? resides in Antique. Where should he file the petition?
 a. RTC-Manila Q33: Venue of writ of amparo c. Married to a Filipina adopting a relative of
th
b. RTC-Antique spouse within 4 degree of consanguinity
c. LCR-Manila a. SC, CA, SB; Manila d. Biological child or adoptee’s parent
d. LCR-Antique b. RTC where the threat, act or omission was
committed or any of its elements occurred Q38: A is an alien who seeks to adopt a Filipino. He does
Q29: A seeks to change her child’s gender from female to c. -------------------------------------------- not want to undergo trial custody. Trial custody is not
male, because obviously he is male. The child is born in d. -------------------------------------------- mandatory when:
Tarlac, but resides in Manila. Where should A file the
petition? Q34: When should judgment be rendered in Petition for a. Resident
th
writ of amparo (ata, but note habeas data and corpus for b. Former Filipino adopting a relative within 4
a. RTC-Tarlac comparison)? degree of consanguinity
b. RTC-Manila c. Married to a Filipina adopting a relative of
th
c. LCR-Tarlac a. Within 10 workings days from the time the spouse within 4 degree of consanguinity
d. LCR-Manila petition is submitted for decision d. Biological child or adoptee’s parent
(Amparo/Data)
Q30: Which should be executed in the order of allowance b. -------------------------------------------
of the will? c. -------------------------------------------
d. -------------------------------------------
a. Signed by the judge
b. Attested by the judge Q35: The following are sufficient to disallow a will except:
c. Signed and attested by the seal of the court
d. Attested by the seal of the court a. Failure to cite the number of pages in the
attestation clause (defective)
Q30: Which of the following should A file if she wants to b. Attestation clause is acknowledged but not
change her name to AA, of which she is commonly known subscribed and sworn to (defective)
to the community? c. Attestation clause not signed by one of the
witnesses (pede hindi defective)
a. Rule 103 d. --------------------------------------------
b. Rule 108
c. RA 9048
d. None of the Above Q36: Which of the following is not a remedy of the heir
who has a share in the proceedings and has participated
Q31: Where should appeal on the judgment of writ of thereof
amparo before RTC be filed?
a. Reopening of the proceedings within 30 days
a. SC under Rule 45 from order of distribution
b. CA b. Reconveyance, 10 years from discovery
c. CA en banc c. Annulment of judgment, 4 years from judgment
d. Sandiganbayan d. Annulment of judgment in fraud of creditors

Q32: What should be filed on appeal on the writ of Q37: When is the trial custody allowed to be reduced by
habeas corpus? the court when the adopter is an alien?

a. Memorandum a. Resident
th
b. Pre-trial brief b. Former Filipino adopting a relative within 4
c. Position paper degree of consanguinity
d. ------------------