SPECIAL PROCEEDINGS Quiz No. 1 . 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. (5%) . A, a resident of Malolos, Bulacan, died leaving an estate located in Manila, worth P200,000.00. In what court, taking into consideration the nature of jurisdiction and of venue, should the probate proceeding on the estate of A be instituted? (5%) . Josefa filed in the Municipal Circuit Trial Court of Alicia and Mabini, a petition for the probate of the will of her husband, Martin, who died in the Municipality of Alicia, the residence of the spouses. The probable value of the estate which consisted mainly of a house and lot was placed at P95,000.00 and in the petition for the allowance of the will, attorney's fees in the amount of P10,000.00, litigation expenses in the amount of P5,000.00 and costs were included. Pedro, the next of kin of Martin, filed an opposition to the probate of the will on the ground that the total amount included in the relief of the petition is more than P100,000.00, the maximum Jurisdictional amount for municipal circuit trial court. The court overruled the opposition and proceeded to hear the case. Was the municipal circuit trial court correct in its ruling? Why? (5%) . State the rule on venue in judicial settlement of estate of deceased persons. (2%) . 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%)6. Nestor died intestate in 2003, leaving no debts. How may his estate be settled by his heirs who are of legal age and have legal capacity? Explain. (2%) 7. The rules on special proceedings ordinarily require that the estate of the deceased should be judicially administered thru an administrator or executor. What are the two exceptions to said requirement? (5%) 8. Rene died intestate, leaving several heirs and substantial property here in the Philippines. a)Assuming Rene left no debts, as counsel for Rene’s heirs, what steps would you suggest to settle Rene’s estate in the least expensive manner? (2%) b)Assuming Rene left only one heir and no debts, as counsel for Rene’s lone heir, what steps would you suggest? (2%) c)Assuming that the value of Rene's estate does not exceed P10,000.00, what remedy is available to obtain a speedy settlement of his estate? (2%) 9. 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 (a) the publication of the deed constituted constructive notice to the whole world, and should therefore bind Suzy; and (b) Suzy’s action had already prescribed. Are Rosie and the three children correct? Explain. (4%) 10. Czarina died single. She left all her properties by will to her friend Dequeza. In the will, Czarina stated that she did not recognize Marco as an adopted son because of his disrespectful conduct towards her. Dequeza soon instituted an action for probate of Czarina's will. Marco, on the other hand, instituted intestate proceedings. Both actions were consolidated before the RTC of Pasig. On motion of Marco, Dequeza's petition was ordered dismissed on the ground that the will is void for depriving him of his legitime. Argue for Dequeza. (5%)11. 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 300 Million. He bequeathed P50 Million each to his 3 sons and P50 Million to his wife. He devised a piece of land worth 100 Million to Susan, his favorite daughter-in-law. He lamed his best friend, Cancio Vidal, as executor of the will without bond. a) 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%) b) 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 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%) 12. In the Special Proceedings for the settlement of the intestate estate of the deceased Johnny, his widow by his second marriage, Carmelita, moved for her appointment as Administratrix of the estate. This was opposed by Manda, the son of Johnny by his first wife, who moved for his appointment instead. The court appointed Carmelita, the widow, as Administratrix. a) How may Manda contest that appointment of Carmelita? (3%) b) Instead of Administratrix, Carmelita was appointed Special Administratrix. Is the same remedy available to the oppositor, Manda? Why or why not? (3%) ©) IfJohnny left a holographic will, how may it be probated? (2%) 13. A will containing three pages was written in two leaves of paper. The will was written on the first page of the first leaf, the second page on the reverse side of said first leaf, and the third page on the second leaf. The signature of the testatrix as well as of the instrumental witnesses were written on the left margin of the first page or first folio and on the third page or second folio but not on 3