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2. As to binding effect
3. As to cause of action
What are the special proceedings mentioned in the rules
of court S1R72
1. Settlement of estate 2. Escheat
3. Guardianship and custody of minors 4.
Trustees
5. Adoption 6. Change of
name
7. Rescission & revocation of adoption 8. Habeas
corpus
9. Hospitalization of insane persons
10. Voluntary dissolution of corporation
11. Judicial approval of voluntary recognition of
minor
Comment on Section 1 of Rule 72
This provision of the Rules refers to civil actions and is not applicable to
special proceedings, such as a land registration case. This is so
because a party in a civil action must immediately enforce a judgment that
is secured as against the adverse party, and his failure to act to enforce the
same within a reasonable time as provided in the Rules makes the decision
unenforceable against the losing party. In special proceedings the purpose is
to establish a status, condition or fact; in land registration proceedings,
the ownership by a person of a parcel of land is sought to be established.
After the ownership has been proved and confirmedby judicial
declaration, no further proceeding to enforce said ownership is
necessary, except when the adverse or losing party had been in
possession of the land and the winning party desires to oust him
therefrom. (Ting v. Heirs of Lirio, G.R. No. 168913, 14 March 2007)
H and W, husband and wife W went to
Singapore as domestic helper and worked
for 10 years, all the while no news from H,
W met and fell in love with Z.
Comment
Q. 2. As the RTC who granted Ws petition,
will you give due course to the OSGs notice
of appeal? Why or why not?
Hearing on the petition not less than 1 mon. or more than 3 mons. (from
the date of the last publication of the notice and after such notice to
interested persons as the court may direct.)
No will / No debts
No Debts outstanding
UNLESS
The deprived heir agrees to be paid the value
of his participation with interest.
The bond and the lien on the real property will
remain charged with a liability to creditors, heirs
for a period of two years after such distribution.
Not withstanding transfer of real estate that
may have been made.
Explain briefly.
The last will and testament of the deceased was
presented in the proceeding to settle his estate and in
due course hearing was set for the probate of the will.
Before evidence thereon could be presented, the legal
heirs of the deceased, his widow and two surviving
daughters, filed a manifestation that the probate of the
will would no longer be necessary since they had
already agreed to divide the net estate differently in
accordance with a project of partition attached to their
manifestation. Consequently, they moved that the
project of partition be approved and forthwith
implemented without probate of the decedents will.
Should the court grant the heirs motion and accordingly
approve their project of partition without probate of the
will?
In Guevarra v Guevarra 74 Phil. 749
Official Recognition
Registration
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%
May MANDAMUS LIE TO COMPEL THE
PRODUCTION OF THE ORIGINAL WILL?
1.Jurisdictional Facts
2.Names, ages and residence of the heirs,
legatees and devisees of the testator or
decedent.
3.Probable value and character of the property
of the estate.
4.The name of the testator
5.Name of the will custodian, if the will is not
yet delivered to the probate court.
Will a defect in the petition render void the
allowance of the will?
Petitioners filed motion for the reopening of the probate proceedings, likewise, filed an
opposition to the allowance of the will as well as the issuance of letters testamentary
to the respondent, claiming that they are the intestate heirs of the decedent. They
further claimed that the probate court did not acquire jurisdiction over the petition due
to non-payment of the correct docket fees, defective publication, and lack of notice to
the other heirs.
Issue: Whether or not petitioners have become parties to the probate proceedings by
virtue of a notice by publication.
Held: Besides, assuming arguendo that petitioners are entitled to be so notified, the
purported infirmity is cured by the publication of the notice. After all, personal notice
upon the heirs is a matter of procedural convenience and not a jurisdictional requisite.
mere publication of the notice enough to confer jurisdiction on the court?
It is clear from the aforecited rule that notice of the time and
place of the hearing for the allowance of a will shall be forwarded
to the designated or other known heirs, legatees, and devisees
residing in the Philippines at their places of residence, if such
places of residence be known. There is no question that the
residences of herein petitioners legatees and devisees were
known to the probate court. The petition for the allowance of the
will itself indicated the names and addresses of the legatees and
devisees of the testator. But despite such knowledge, the
probate court did not cause copies of the notice to be sent to
petitioners. The requirement of the law for the allowance of the
will was not satisfied by mere publication of the notice of hearing
for three (3) weeks in a newspaper of general circulation in the
REQUIRED PROOF FOR THE ALLOWANCE OF A
WILL
1. All the subscribing witnesses and the notary public. (Not insane or
dead- if in case dead or insane, incapacity or absence must be prove
in court.)
2. Outside the province of the court but inside the Philippines take
deposition
3. If any or all of them testify against the due execution of the will or do
not remember attesting as such, the will may nevertheless be allowed
if satisfactory established as to the due execution of the will by other
witnesses attesting the compliance of the will as required by law. (S11
R76)
Notarial will:
Secondary evidence:
Art. 816. The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of the place
in which he resides, or according to the formalities observed in his
country, or in conformity with those which this Code prescribes. (n)
(A) Can Johnnys notarial will be probated before the proper court in
the Philippines?
1. Minor
3. In the opinion of the court unfit to execute the duties of the trust by
reason of drunkenness, improvidence, or want of understanding or
integrity or conviction of a crime involving moral turpitude.
Difference between an executor / co executor /
administrator?
1.Jurisdictional facts
2.Names, age and residences of the heirs and
creditors
3.Probable value of the estate and the character of
the properties
4.The name of person for whom letters of
administration are prayed for
X died leaving an holographic will stating therein W
as the executor of the will, Y is the compulsory heir
H who is one of the devisee in the will of X being
probated, Y knowing W as a drunkard and has been
convicted of a crime involving moral turpitude.
On what grounds?
or the widow and minor children, not excluding legal age children for their educat
Grandchildren excluded. (S3 Rule 83)
Is the three months period given for the executor or
administrator to make a return and submit a true inventory
and appraisal of all the real and personal estate of the
deceased which has come to his knowledge and possession
MANDATORY?
If he settled any claims against the estate less than what is demanded, actual
payment must be charge to the estate only.
No fault - debts uncollected due to the estate not chargeable to the admin or exec
Upon the discretion of the court the admin/exec can be given additional
compensation based on its performance of increasing the value of the estate.
If the admin/exec is a lawyer, he cannot charge legal fees for legal services
A Counsel for H, filed a petition for the allowance of the
will and letters testamentary with the will annexed of
the testator D, and assailed H rights as sole heir
against oppositions of other claimants up to the SC, the
RTC, CA and SC sustains the decision declaring H as
sole heir, in the RTC, Counsel A filed a motion imposing
a charging lien on any award of the court for his
services as counsel of H, likewise, during the probate A
was appointed administrator of the estate. Now H
contested that A cannot charge his legal services,
wherein he is the administrator of the estate appointed
by the court, under rule 85 Section 7. Is H correct in
Bermudo V. Tayag-Roxas, 2 Feb. 2011
his contention?
RULE 86 CLAIMS AGAINST THE ESTATE
Two kinds of claims:
1. Money claims
Section 4. Effect of death on civil actions. The death of the accused after arraignment and
during the pendency of the criminal action shall extinguish the civil liability arising from the delict.
However, the independent civil action instituted under section 3 of this Rule or which thereafter is
instituted to enforce liability arising from other sources of obligation may be continued against the
estate or legal representative of the accused after proper substitution or against said estate, as the
case may be. The heirs of the accused may be substituted for the deceased without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the
minor heirs.
The court shall forthwith order said legal representative or representatives to appear and be
substituted within a period of thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be enforced in the manner especially
provided in these rules for prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed without prejudice to any
civil action the offended party may file against the estate of the deceased.
Take note: Aguas v. Llemios, 5 SCRA 959
1.Funeral expenses
Deficiency judgment
festin
P died while riding in the bus operated by D. D
subsequently died and a petition for the settlement of
his estate was filed in court. After granting letters of
administration, the probate court issued a notice
requiring all persons having money claims against the
decedent to file them in court within 6 months from
the first publication. The 6-month period expired.
Later the heirs of P brought a suit against the heirs of
D for damages arising from death of P.
2 considerations:
1) Is the Action proper? The heirs of P brought a suit against the heirs of D for
damages arising from the death of P is improper, It should have been filed as a
money claim in the probate proceedings pursuant to S5 R86. as claims against the
estate, which is MANDATORY in nature, and thus subject to statute of Non claims.
2) Is the action to file a claim against the estate barred by the statute of non-claims?
The question posed a seemingly error in wording, THE QUESTION WAS LIFTED IN
TOTO, the word within 6 months must be after six month from the first publication
of notice, and after wards, the next six months period expired. thus, the filing of a
claim against the estate based on culpa contractual is barred forever.
2. If the opposition is without merit, can the writ of execution be validly enforced?
Answers: 6 point
1. The case should not be dismissed upon the death of Y. Under the rules
of civil procedure, upon the death of the defendant in a contractual
money claim before entry of judgment, the case shall not be dismissed
but shall be allowed to continue until final judgment. (S20 Rule 3)
After six month from the date of the first publication has completed
You have 6 months window period to file your claims vs the estate
1. Tardy claims:
Can non payment of docket fee a ground for the dismissal of the
claim?
No, the probate court acquired jurisdiction when it
recognized the filing of the settlement of estate. The
court shall just direct the payment of docket fees on
reasonable time set by the court.
Can the court dismiss the claim if there was no
certification against forum shopping?
Executor/ Administrator
2. Personal properties
3. Real Properties.
S2 R90
In a civil action for reconveyance, wherein the plaintiff
contended that he is the rightful heir and thus must
take ownership and possession of the said property.
No, The court has consistently ruled that the trial court cannot
make a declaration of heirship in the civil action for the reason
that such a declaration can only be made in a special proceeding.
( Gabagtan v CA 13 march 2009
Sec. 2. Questions as to advancement to be
determined. - Questions as to advancement made,
or alleged to have been made, by the deceased to
any heir may be heard and determined by the court
having jurisdiction of the estate proceedings; and
the final order of the court thereon shall be binding
on the person raising the questions and on the heir.
Project partition:
The court will decide and thus order the distribution based
on the decided project partition.
Exceptions:
Examination costs
Partition expenses
Heir duly notified but not given his share, move for reconsideration
or appeal within 30 days from notice, otherwise order becomes final.
91 Escheats