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2016 (93)

1. A
2. C
3. C
4. D
5. B
6. C
7. D
8. B
9. A
10. B (20 pts)

11. (5 pts) The reconveyance prescribes in 10 years as an obligation created by law. If the land is registered, the
reckoning period is the time of the issuance of new title. If the land is unregistered, it is from the actual notice of
such. Here, Luz and Fe may file for the reconveyance of lot 2 until Aug. 20, 2020, ten years from the issuance of
new title. In the case of lot 1, reconveyance is inapplicable if the land is sold to innocent purchaser for value.
Assuming that Mary is such, then lot 1 cannot be reconveyed. However, the party to such fraud must be liable for
damages.
The annulment of extrajudicial settlement is imprescriptible. It may be filed by Luz and Fe anytime because
there is no valid ej settlement in the first place. It was executed without their knowledge and consent. Hence, it is
void.
They may raise as a defense that Mary was an innocent purchaser for value in which case lot 1 cannot be
recovered by Luz and Fe.

12. (4 pts) The order determining a certain person as lawful heir is appealable. It is one of the enumerated
appealable judgments in Rule 109. Moreover, it is a final judgment of the probate court in the matter. Nothing is
left to be done by the court, hence it is appealable.
The order including items in the inventory is not appealable. It is not one of those enumerated under Rule
109. Furthermore, it cannot be considered as final say of the probate court because its determination regarding
title of ownership of property to be included is only provisional. The correct remedy is special civil action for
certiorari under Rule 65.

13. (4 pts) A) No, it is not filed in proper venue. Under the rules, the petition for probate of the will of testator residing
outside the Philippines must be filed in RTC of MTC of the city or province where his estate is located. Here, Ely
is a resident of Hong Kong. He has properties in Manila and Davao only and not in Makati. (4 pts)

B) No, the period was not set in accordance with the rules. The rules provide that the period to file a claim must
not be less than 6 months nor more than 12 months form the first publication of notice. Here, it was set beyond
the period prescribed. The period of 15 months is in violation of the Rules.

C) yes, the probate can already distribute the residue. Under Sec 1 rule 90, the debt, expenses of administration,
funeral charges, allowance of the widow, inheritance tax must be paid first before the estate may be distributed
on application of the executor or administrator and any person interested.

D) The controversy as to the acknowledgement of a natural child of the deceased must be decided by the
probate court. The said issue is incidental to the settlement of the estate of the decedent. Moreover, it deals with
the establishment of status that can only be taken cognizance in a special proceeding.

E) the probate court will lose jurisdiction over the estate upon the payment of the debts and expenses of the
estate and upon the distribution of the remaining assets of the estate to the lawful heirs.

14. (5 pts) No, the issuance of the writ was improper. The judgment for money against Noel must be filed as a claim
against his estate in the settlement of estate proceeding. If none is commenced, Jolo may file petition for
issuance of letters of administration on his behalf if Noel died intestate.
The judgment cannot just be enforced against his estate because Noel has already passed away and any
claim against him must be prosecuted in the settlement of his estate.

15. (4 pts) The court shall resolve the issue against the wife and the children. The rule expressly provides that no
extrajudicial settlement shall bind persons who had no participation or notice of the same. Grace cannot be
bound by the ej settlement of the wife and children because she did not participate or had notice.
The publication cannot be considered as constructive notice to Grace because the publication was made
after the fact of the settlement of the estate was made. Hence, it cannot bind Grace.
Lastly, the 2 year prescriptive period provided in sec 4 rule 74 is applicable only to those who participated
and had notice. Grace, therefore, is not bound by the said prescriptive period. The action filed by grace for the
annulment of the ej settlement shall prosper because it is imprescriptible.

16. (4 pts) A) yes, Santa is obliged to file with the proper court a petition for probate of the will because she is the
named executrix. An executrix is one of the persons enumerated by the rules who can file the petition. It is
against public policy to do otherwise because we give prime importance to the last will and testament of a
deceased.

B) Yes, Lita can be compelled to do so. A copy of the will should be presented to the court in order to facilitate
the probate of the will, without which the probate court might find difficulty in the probate of the will as they have
to rely on other evidence. It is our public policy that the will of the decedent be given effect. Lastly, as custodian
of the will, even if a mere copy, she has the obligation to present it for probate.

C) No, the court cannot appoint he widow as executor. Executor is the person named in the will by the decedent
to take charge in the settlement of his estate. Administrator, on the other hand, is appointed by the court when
the decedent died intestate, no named executor in the will, the executor name is incompetent, refused to accept
the trust or fails to file a bond, or when the will is void or disallowed in the probate. The court can only appoint the
widow as administrator, not as an executor, if the circumstances warrant such.

D) No, the widow and the children cannot do such without violating public policy. There can be ej settlement only
when the decedent died intestate, leaving no debt and the heirs are all of age and the minors are duly
represented. In this case, Derek Trillo died testate and so one of the requisites enumerated is lacking.

E) No, the widow and children cannot initiate a separate petition for partition pending the probate of the will
because the rules provide that the court taking cognizance of the case shall exclude all others. Moreover, the
estate is under the jurisdiction of the probate court. To initiate a separate petition for partition would be
tantamount to divesting the probate court of its jurisdiction.

17. (5 pts) A) The essential elements are :

-legal formalities- executed and attested as required by law

-testamentary capacity- testator was of sound mind or otherwise capable of making a will at the time of execution

-due execution- it was not executed under duress, influence of fear or threat. It was not executed under undue
and improper influence or pressure on the part of the beneficiary or some other people. The signature was not
procured through fraud or trick such that he does not intend the instrument to be his will at the time of affixing his
signature.

B) The rule is not absolute. The exception was enunciated in the case of Naguid v. Naguid, wherein the SC held
that the probate court can look into the intrinsic validity of the will under exceptional circumstance, such as when
the will is void on its face. In which case, the court can pass upon its intrinsic validity, because otherwise, the
probate would be an idle ceremony that would hinder the expedient disposition of the case.

18. (5 pts) A) Non-holographic will:

Uncontested- testimony of one of the subscribing witness testifying that the will was executed and attested as
required by law

Contested- testimony of all of the subscribing witness and the notary public if executed under the civil code

B) Holographic will:

Uncontested- testimony of one witness who knows the handwriting of the testator who explicitly declares that the
will and signature is in the handwriting of the testator

Contested- testimony of three witnesses who knows the handwriting of the testator and explicitly declares that
the will and signature is in the handwriting of the testator.
In both cases, in the absence of competent witness and the court deems it necessary, expert testimony may be
resorted to.

If the petition is filed by the testator himself:

Uncontested- sufficient that he affirms the will and his signature as his own

Contested- burden of proving is transferred to contestant and the testator may present additional proof to rebut
the contestant.

19. (5 pts) Yes, Sam still has remedy. Before the order of distribution is entered, Sam may file an application before
the court. For cause shown and within such term as equitable, the court may allow Sam to file her claim within a
period not exceeding one month from the issuance of the order allowing her to file the claim. Sam can also
present her claim in her answer as counterclaim in any action which may be brought be executor or administrator
against her. Otherwise, it shall be barred forever.

20. (4 pts) The options are as follows:

-abandon the mortgage or security and prosecute his claim against the estate. He shall share in the general
distribution of the estate

-foreclose the mortgage and realize profit from the security, making the executor or administrator party
defendant. In case of deficiency, he may recover.

-rely upon the mortgage and security alone and foreclose it within the statute of limitations. He shall not be
admitted as creditor and shall not receive share in the general distribution of assets of the estate.

21. (4 pts) In case of deficiency of assets in the hands of the executor or administrator for the payment of debt and
expenses and the decedent during his lifetime conveyed real or personal properties, interest, right, debit, credit
with intention to defraud his creditors or to avoid right, debt or duty or conveyance would considered void under
the law and the subject of the conveyance would be liable for attachment as against the creditors, the executor
or administrator may commence an action to recover the property , but he shall not be bound to commence thee
action until application of the creditor nor until he pays part of the cost, expenses and give security to executor
and administrator.

In case executor or administrator has not commenced the action, the creditor may commence the action, with
permission of the court, in the name of the executor or administrator upon filing of bond conditioned on the
payment of cost and expenses to executor or administrator.

If the conveyance was made in favor of executor or administrator, the creditor shall bring the action in the name
of all the creditors and the permission of the court and bond is not necessary.

22. (5 pts) A) these obligations are the ff:

-debts, expenses of administration, funeral charges, allowance of the widow, inheritance tax

B) Legacies are not among them. What the law does not include, it excludes. Moreover, legacy is a bequest of
the decedent consisting of personal property. As such, legacy is not of the same nature as enumerated above.
Legacy shall only be distributed after payment of the said obligations.

C) Distribution may be made before the payment of obligation if the distributes or any of them filed a bond in
amount fixed by the court, conditioned to pay the said obligations.

23. (5 pts) Tony must file a claim against Andy’s executor or administrator. Under the rule, recovery for damage for
an injury to person or property, real or personal, must be filed against executor or administrator of the decedent.
In this case, the complaint for damage was for the injury to person, Tony’s legs and property, Tony’s car. Hence,
the claim should not be filed against Andy’s estate, rather against Andy’s executor or administrator.

24. (5 pts)

a. the surviving grandparents, if there are several then the court may choose form among them taking relevant
factors into consideration.
b. the older brother or sister, at least 21 years of age, unless unfit or disqualified

c. the actual custodian of the minor, 21 years of age or over, unless unfit or disqualified

d. any other person who the court deems fit to serve the best interest of the minor.

25. (5 pts) -After granting letters testamentary or letters of administration, the court shall issue notice requiring all
creditors to file their claim with the clerk of court. The notice shall be published.

-the creditors shall deliver their claim with necessary vouch safe to the clerk of court. They shall serve executor
or administrator copy of such

-if the claim is due, it shall state the amount due, that no payment was made and that there is no offset. If the
claim is contingent, it shall state the particulars thereof

-the executor or administrator shall file his answer within 15 days form service of copy.

-the disputed claim shall be set for trial. It may be referred to commissioner.

-the admitted claims may be approved by the court without hearing. In its discretion, it may notify the heirs,
devisees, legates and be heard thereon

-attachment of non-forum shopping certification is unnecessary to the claim because it is not an initiatory
pleading. The claim is part of the settlement proceeding.

26. (4 pts) in settlement of estate, the period for filing a claim is not less than 6 months nor more than 12 months.
While in escheat, the period shall not be more than 6 months.

The publication in settlement is at least once in 3 consecutive weeks and 6 consecutive weeks in escheat.

The petition for probate in settlement is filed before the RTC or MTC depending on the gross value of the estate.
Gross value in escheat is irrelevant because it is filed only before the RTC.

In settlement of estate, the prescriptive period to file a claim is 2 years while it is 5 years in escheat.

In both cases, the petition is filed in the city or municipality where the decedent last resided and in the city or
municipality where the estate is located if the decedent resided in foreign country.

In settlement, the petition is filed by the executor or administrator, devisees, legatee or testator himself. While in
escheat, it is the Solicitor General on behalf of the Republic of the Philippines.