SPECIAL PROCEEDINGS

Bar Exam Questions 1996-2013

SPECIAL PROCEEDINGS of for a long time and under such circumstance that
he may be presumed dead.
Bar Exam Questions 1996-2013
(b) As the RTC judge who granted Ginas petition,
Absentee; Declaration of Absence vs. Declaration of will you give due course to the OSGs notice of
Presumptive Death (2009) appeal?
Frank and Gina were married on June 12, 1987 in
Manila. Barely a year after the wedding, Frank SUGGESTED ANSWER:
exhibited a violent temperament, forcing Gina, for
reasons of personal safety, to live with her parents. A NO. Appeal is not a proper remedy since the decision
year thereafter, Gina found employment as a is immediately final and executor upon notice to the
domestic helper in Singapore, where she worked for parties under Art. 247 of the Family Code (Republic
ten consecutive years. All the time she was abroad, vs Bermudez-Lorino, 449 SCRA 57 [2005]). The OSG
Gina had absolutely no communications with Frank, may assail RTCs grant of the petition only on the
nor did she hear any news about him. While in premise of grave abuse of discretion amounting to
Singapore, Gina met and fell in love with Willie. On lack or excess of jurisdiction. The remedy should be
July 4, 2007, Gina filed a petition with the RTC of by certiorari under Rule 65 of the Rules of Court.
manila to declare Frank presumptively dead, so that
she could marry Willie. The RTC granted Ginas Cancellation or Correction; Notice (2007)
petition. The office of the Solicitor General (OSG) filed (a) B files a petition for cancellation of the birth
a notice of Appeal with the RTC, stating that it was certificate of her daughter R on the ground of the
appealing the decision of the Court of Appeals on falsified material entries therein made by Bs husband
questions of fact and law. as the informant. The RTC sets the case for hearing
and directs the publication of the order for hearing
(a) Is a petition for declaration of Presumptive Death and directs the publication of the order once a week
a special proceeding? for three consecutive weeks in a newspaper of general
circulation. Summons was service on the Civil
SUGGESTED ANSWER: Registrar but there was no appearance during the
hearing. The RTC granted the petition. R filed a
No. the petition for Declaration of Presumptive Death petition for annulment of judgment before the Court
provided in Art. 41 of the Family Code is not the of Appeals, saying that she was not notified of the
special proceeding governing absentees under Rule petition and hence, the decision was issued in
107 of the Rules of Court whose rules of procedure violation of due process. B opposed saying that the
will not be followed (Republic vs. C.A., 458 SCRA publication of the court order was sufficient
[2005]). compliance with due process. Rule. (5%)

Said petition for Declaration of Presumptive Death SUGGESTED ANSWER:

under Article 41 of the Family Code is a summary
proceeding, authorized for purposes only of Rs petition for annulment of judgment before the
remarriage of the present spouse, to avoid incurring Court of Appeals should be granted. Although there
the crime of bigamy. Nonetheless, it is in the nature of was publication of the court order acting the petition
a special proceeding, being an application to establish to cancel the birth certificate, reasonable notice still
a status or a particular fact in court. has to be served on R as she has an interest affected
by the cancellation. (Sec. 3 and 4, Rule 108, Rules of
ALTERNATIVE ANSWER: Court) She is an indispensable party (Republic v.
Benemerito, 425 SCRA 488 [2004]), and notice has to
A petition for declaration of presumptive death may be served on her, not for the purpose of vesting the
be considered a special proceeding, because it is so court with jurisdiction, but to comply with the
classified in the Rules of Court (Rule 107, Rules of requirements of fair play and due process (Ceruila v.
Court), as differentiated from an ordinary action Delantar, 477 SCRA 134 [2005]). ALTERNATIVE
which is adversarial. It is a mere application or ANSWER: The petition for annulment of judgment
proceeding to establish the status of a party or a should not be granted. While R is an indispensable
particular fact, to viz: that a person has been unheard party, it has been held that the failure to service notice
on indispensable parties is cured by the publication

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 SPECIAL PROCEEDINGS
Bar Exam Questions 1996-2013

made because the action is one in rem (Alba v. Court Escheat Proceedings (2002)
of Appeals, 465 SCRA 495 [2005]; Barco v. Court of Suppose the property of D was declared escheated on
Appeals, 420 SCRA 39 [2005]). July 1, 1990 in escheat proceedings brought by the
Solicitor General. Now, X, who claims to be an heir of
Civil Actions vs. Special Proceedings (1998) D, filed an action to recover the escheated property. Is
Distinguish civil actions from special proceedings. the action viable? Why? (2%)
[3%]
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, the action is not viable. The action to recover
A CIVIL ACTION is one by which a party sues escheated property must be filed within five years
another for the enforcement or protection of a right, from July 1, 1990 or be forever barred. (Rule 91, sec. 4).
or the prevention or redress of a wrong. (See. 3[a],
Rule 1, 1997 Rules of Civil Procedure), while a SPECIAL Extra-judicial Settlement of Estate (2005)
PROCEEDING is a remedy by which a party seeks to Nestor died intestate in 2003, leaving no debts. How
establish a status, a right or a particular fact. (Sec. may his estate be settled by his heirs who are of legal
3[C]. Rule 1,1997 Rules of Civil Procedure.) age and have legal capacity? Explain. (2%)

Cancellation or Correction; Entries Civil Registry SUGGESTED ANSWER:

(2005)
Helen is the daughter of Eliza, a Filipina, and Tony, a If the decedent left no will and no debts, and the heirs
Chinese, who is married to another woman living in are all of age, the parties may, without securing letters
China. Her birth certificate indicates that Helen is the of administration, divide the estate among themselves
legitimate child of Tony and Eliza and that she is a by means of a public instrument or by pending action
Chinese citizen. Helen wants her birth certificate for partition and shall file a bond with the register of
corrected by changing her filiation from "legitimate" deeds in an amount equivalent to the value of the
to "illegitimate" and her citizenship from "Chinese" to personal property involved as certified to under oath
"Filipino" because her parents were not married. by the parties concerned. The fact of extra-judicial
What petition should Helen file and what procedural settlement shall be published in a newspaper of
requirements must be observed? Explain. (5%) general circulation once a week for three consecutive
weeks in the province. (Sec. 1, Rule74, Rules of Court)
SUGGESTED ANSWER:
Habeas Corpus (1993)
A petition to change the record of birth by changing Roxanne, a widow, filed a petition for habeas corpus
the filiation from "legitimate" to "illegitimate" and with the Court of Appeals against Major Amor who is
petitioner's citizenship from "Chinese" to "Filipino" allegedly detaining her 18-year old son Bong without
because her parents were not married, does not authority of the law. After Major Amor had a filed a
involve a simple summary correction, which could return alleging the cause of detention of Bong, the
otherwise be done under the authority of R.A. No. Court of Appeals promulgated a resolution
9048. A petition has to be filed in a proceeding under remanding the case to the RTC for a full-blown trial
Rule 108 of the Rules of Court, which has now been due to the conflicting facts presented by the parties in
interpreted to be adversarial in nature. (Republic v. their pleadings. In directing the remand, the court of
Valencia, G.R. No. L-32181, March 5, 1986) Appeals relied on Sec.9(1), in relation to Sec. 21 of BP
129 conferring upon said Court the authority to try
Procedural requirements include: (a) filing a verified and decide habeas corpus cases concurrently with the
petition; (b) naming as parties all persons who have RTCs. Did the Court of Appeals act correctly in
or claim any interest which would be affected; (c) remanding the petition to the RTC? Why?
issuance of an order fixing the time and place of
hearing; (d) giving reasonable notice to the parties SUGGESTED ANSWER:
named in the petition; and (e) publication of the order
once a week for three consecutive seeks in a No, because while the CA has original jurisdiction
newspaper of general circulation. (Rule 108, Rules of over habeas corpus concurrent with the RTCs, it has
Court) no authority for remanding to the latter original
actions filed with the former. On the contrary, the CA

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 SPECIAL PROCEEDINGS
Bar Exam Questions 1996-2013

is specifically given the power to receive evidence personality to institute the petition. 6% Resolve the
and perform any and all acts necessary to resolve petition in the light of the above defenses of A. (6%)
factual issues raised in cases falling within its original
jurisdiction. SUGGESTED ANSWER:

ALTERNATIVE ANSWER: (a) The writ of habeas corpus issued by the Family
Court in Angeles City may not be legally enforced in
Yes, because there is no prohibition in the law against Cebu City, because the writ is enforceable only within
a superior court referring a case to a lower court the judicial region to which the Family Court belongs,
having concurrent jurisdiction. The Supreme Court unlike the writ granted by the Supreme Court or
has referred to the CA or the RTC cases falling within Court of Appeals which is enforceable anywhere in
their concurrent jurisdiction. the Philippines. (Sec. 20 of Rule on Custody of Minors
and Writ of Habeas Corpus in Relation to Custody of
Habeas Corpus (1998) Minors. (A.M. No. 03-04-04-SC; see also Sec. 4 of Rule
A was arrested on the strength of a warrant of arrest 102, Rules of Court.)
issued by the RTC in connection with an Information
for Homicide. W, the live-in partner of A filed a (b) B, the father of the deceased husband of A, has the
petition for habeas corpus against A's jailer and police personality to institute the petition for habeas corpus
investigators with the Court of Appeals. of the two minor girls, because the grandparent has
the right of custody as against the mother A who is a
1. Does W have the personality to file the petition for prostitute. (Sectioins 2 and 13, Id.)
habeas corpus? [2%]
2. Is the petition tenable? [3%] Habeas Corpus (2007)
Husband H files a petition for declaration of nullity of
SUGGESTED ANSWER: marriage before the RTC of Pasig City. Wife W files a
petition for habeas corpus before the RTC of Pasay
1. Yes. W, the live-in partner of A, has the personality City, praying for custody over their minor child. H
to file the petition for habeas corpus because it may be files a motion to dismiss the wifes petition on the
filed by "some person in his behalf." (Sec. 3. Rule 102. ground of the pendency of the other case. Rule.
Rules of Court.)
2. No. The petition is not tenable because the warrant SUGGESTED ANSWER:
of arrest was issued by a court which had Jurisdiction
to issue it (Sec. 4, Rule 102 Rules of Court) The motion to dismiss the petition for habeas corpus
should be granted to avoid multiplicity of suits. The
Habeas Corpus (2003) question of who between the spouses should have
Widow A and her two children, both girls, aged 8 and custody of their minor child could also be determined
12 years old, reside in Angeles City, Pampanga. A in the petition for declaration of nullity of their
leaves her two daughters in their house at night marriage which is already pending in the RTC of
because she works in a brothel as a prostitute. Pasig City. In other words, the petition filed in Pasig
Realizing the danger to the morals of these two girls, City, praying for custody of the minor child is
B, the father of the deceased husband of A, files a unnecessary and violates only the cardinal rules of
petition for habeas corpus against A for the custody procedure against multiplicity of suits. Hence, the
of the girls in the Family Court in Angeles City. In latter suit may be abated by a motion to dismiss on
said petition, B alleges that he is entitled to the the ground of litis pendentia (Yu v. Yu, 484 SCRA 485
custody of the two girls because their mother is living [2006]).
a disgraceful life. The court issues the writ of habeas
corpus. When A learns of the petition and the writ, Habeas Corpus; Bail (2008)
she brings her two children to Cebu City. At the After Alma had started serving her sentence for
expense of B the sheriff of the said Family Court goes violation of BP 22, she filed a petition for a writ of
to Cebu City and serves the writ on A. A files her habeas corpus, citing Vaca vs CA where the sentence
comment on the petition raising the following of imprisonment of a party found guilty of violation
defenses: a) The enforcement of the writ of habeas of BP 22 was reduced to a fine equal to double the
corpus in Cebu City is illegal; and b) B has no amount of the check involved. She prayed that her
sentence be similarly modified and that she be

1
 SPECIAL PROCEEDINGS
Bar Exam Questions 1996-2013

immediately released from detention. In the committed an offense not punishable by death, he
alternative, she prayed that pending determination on may be admitted to bail in the discretion of the court.
whether the Vaca ruling applies to her, she be accordingly, the trial court allowed Alma to post bail
allowed to post bail pursuant to Rule 102, Sec. 14, and then ordered her release. In your opinion, is the
which provides that if a person is lawfully order of the trial court correct (a) Under Rule 102?
imprisoned or restrained on a charge of having
(2) Suppose Ds administrator did not allege any
SUGGESTED ANSWER: claim against X by way of offset, can Ds
administrator prosecute the claim in an independent
No, Alma, who is already convicted by final proceeding/ why/ (3%)
judgment, cannot be entitled to bail under Sec. 14,
Rule 102. The provision presupposes that she had not SUGGESTED ANSWER:
been convicted as yet. It provides that if she is
lawfully imprisoned or restrained for an offense not (1) No, because since the claim of X was disallowed,
punishable by death, she may be recommitted to there is no amount against which to offset the claim of
imprisonment or admitted to bail in the discretion of Ds administrator.
the court or judge (Sec. 14, Rule 102; Celeste vs. (2) Yes, Ds administrator can prosecute the claim in
People, 31 SCRA 391; Vicente vs. Judge Majaducon, an independent proceeding since the claim of X was
A.M. No. RTJ-02-1698, 23 June 2005; San Pedro vs. disallowed. If X had a valid claim and Ds
Peo, G.R. No. 133297, 15 August 2002). administrator did not allege any claim against X by
way of offset, his
(b) Under the Rules of criminal procedure? failure to do so would bar his claim forever. (Rule 86,
sec.10).
SUGGESTED ANSWER:
Intestate Proceedings; Debts of the Estate (2002)
Under the Rules of Criminal Procedure, Rule 114, Sec. A, B and C, the only heirs in Ds intestate
24 clearly prohibits the grant of bail after conviction proceedings, submitted a project of partition to the
by final judgment and after the convict has started to partition, two lots were assigned to C, who
serve sentence. In the present case, Alma had already immediately entered into the possession of the lots.
started serving her sentence. She cannot, therefore, Thereafter, C died and proceedings for the settlement
apply for bail (Peo. vs. Fitzgerald, G.R. No. 149723, 27 of his estate were filed in the RTC-Quezon City. Ds
October 2006). administrator then filed a motion in the probate court
(RTC-Manila), praying that one of the lots assigned to
Habeas Corpus; Jurisdiction; Sandiganbayan (2009 C in the project of partition be turned over to him to
In the exercise of its original jurisdiction, the satisfy debts corresponding to Cs portion. The
Sandiganbayan may grant petitions for the issuance motion was opposed by the administrator of Cs
of a writ of habeas corpus. estate. How should the RTC Manila resolve the
motion of Ds administrator? Explain. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
FALSE. The Sandiganbayan may grant petitions for
Habeas corpus only in aid of its appellate jurisdiction The motion of Ds administrator should be granted.
(R.A. 7975, as amended by R.A 8249), not in the The assignment of the two lots to C was premature
exercise of original jurisdiction. because the debts of the estate had not been fully
paid. [Rule 90, sec. 1; Reyes v. Barreto-Datu, 19 SCRA
Intestate Proceedings (2002) 85
X filed a claim in the intestate proceedings of D. Ds (1967)].
administrator denied liability and filed a counterclaim
against X. Xs claim was disallowed. Judicial Settlement of Estate (2005)
State the rule on venue in judicial settlement of estate
(1) Does the probate court still have jurisdiction to of deceased persons. (2%)
allow the claim of Ds administrator by way of offset?
Why? (2%) SUGGESTED ANSWER:

1
 SPECIAL PROCEEDINGS
Bar Exam Questions 1996-2013

If the decedent is an inhabitant of the Philippines at

the time of' his death, whether a citizen or an alien, a. In order that a lost or destroyed will may be
the venue shall be in the RTC in the province in which allowed, the following must be complied with:
he resides at the time of his death, not in the place
where he used to live. (Jao v. Court of Appeals, G.R. 1 the execution and validity of the same should be
No. 128314, May 29, 2002) established;
2 the will must have been in existence at the time of
If he is an inhabitant, of a foreign country, the RTC of the death of the testator, or shown to have been
any province or city in which he had estate shall be fraudulently or accidentally destroyed in the lifetime
the venue. The court first taking cognizance of the of the testator without his knowledge; and
case shall exercise jurisdiction to the exclusion of all 3 its provisions are clearly and distinctly proved by at
other courts. When the marriage is dissolved by the least two credible witnesses. (Sec. 6, Rule 76 of the
death of the husband or wife, the community Rules of Court)
property shall be inventoried, administered and
liquidated, and the debts thereof paid, in the testate or b. No. The allowance of the will from which no
intestate proceedings of the deceased spouse. If both appeal was taken is conclusive as to its due execution.
spouses have died, the conjugal partnership shall be (Sec. 1 of Rule 75.) Due execution includes a finding
liquidated in the testate or intestate proceedings of that the will is genuine and not a forgery.
either. (Sees. 1 and 2, Rule 73, Rules of Court) Accordingly, the due execution of the will cannot
again be questioned in a subsequent proceeding, not
Letters of Administration; Interested Person (2008) even in a criminal action for forgery of the will.
Domencio and Gen lived without benefit of marriage
for 20 years, during which time they purchased Probate of Will (2003)
properties together. After Domencio died without a A, a resident of Malolos, Bulacan, died leaving an
will, Gen filed a petition for letters of administration. estate located in Manila, worth P200,000.00. In what
Domencios siblings opposed the same on the ground court, taking into consideration the nature of
that Gen has no legal personality. Decide. jurisdiction and of venue, should the probate
proceeding on the estate of A be instituted? (4%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
A petition for letters of administration may be filed by
any interested person (Sec. 2, Rule 79, Rules of The probate proceeding on the estate of A should be
Court). Gen would be considered an interested instituted in the Municipal Trial Court of Malolos,
person if she was not married to Domenico, because Bulacan which has jurisdiction, because the estate is
she can claim co-ownership of the properties left by valued at P200,000.00, and is the court of proper
him under their property regime of a union without venue because A was a resident of Malolos at the time
marriage under conditions provided in the Family of his death. (Sec. 33 of BP 129 as amended by RA
Code 9Arts. 147-148, Family Code; San Luis vs. San 7691; Sec. 1 of Rule 73).
Luis, G.R. No. 133743, February 6, 2007).
Probate of Will (2005)
After Lulu's death, her heirs brought her last will to a
Probate of Lost Wills (1999) lawyer to obtain their respective shares in the estate.
What are the requisites in order that a lost or The lawyer prepared a deed of partition distributing
destroyed Will may be allowed? (2%) Lulu's estate in accordance with the terms of her will.
Is the act of the lawyer correct? Why? (2%)
A's Will was allowed by the Court. No appeal was
taken from its allowance. Thereafter, Y, who was SUGGESTED ANSWER:
interested in the estate of A, discovered that the Will
was not genuine because A's signature was forged by No. No will, shall pass either real or personal estate
X. A criminal action for forgery was instituted against unless it is proved and allowed in the proper court.
X. May the due execution of the Will be validly (Sec. 1, Rule 75, Rules of Court)
questioned in such criminal action? (2%)
Probate of Will (2006)
SUGGESTED ANSWER:

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 SPECIAL PROCEEDINGS
Bar Exam Questions 1996-2013

Sergio Punzalan, Filipino, 50 years old, married, and (Sec. 1, Rule 75, Rules of Court).
residing at Ayala Alabang Village, Muntinlupa City,
of mind, executed a last will and testament in English, Can the widow and her children initiate a separate
a language spoken and written by him proficiently. petition for partition of the estate pending the
He disposed of his estate consisting of a parcel of land probate of the last will and testament by the court?
in Makati City and cash deposit at the City Bank in (2%)
the sum of P 300 Million. He bequeathed P 50 Million
each to his 3 sons and P 150 Million to his wife. He SUGGESTED ANSWER:
devised a piece of land worth P100 Million to Susan,
his favorite daughter-inlaw. He named his best No, the widow and her children cannot file a separate
friend, Cancio Vidal, as executor of the will without petition for partition pending the probate of the will.
bond. Is Cancio Vidal, after learning of Sergio's Partition is a mode of settlement of the estate (Sec. 1,
death, obliged to file with the proper court a Rule 75, Rules of Court).
petition of probate of the latter's last will and
testament? (2%) Probate of Will; Mandatory Nature (2002)
What should the court do if, in the course of intestate
SUGGESTED ANSWER: proceedings, a will is found and it is submitted for
probate? Explain. (2%)
Cancio Vidal is obliged to file a petition for probate
and for accepting or refusing the trust within the SUGGESTED ANSWER:
statutory period of 20 days under Sec. 3, Rule 75,
Rules of Court. If a will is found in the course of intestate proceedings
and it is submitted for probate, the intestate
Supposing the original copy of the last will and proceedings will be suspended until the will is
testament was lost, can Cancio compel Susan to probated. Upon the probate of the will, the intestate
produce a copy in her possession to be submitted to proceedings will be terminated. (Rule 82, sec. 1).
the probate court. (2%)
Probate of Will (2010) No.XIV. Czarina died single.
SUGGESTED ANSWER: She left all her properties by will to her friend
Duqueza. In the will, Czarina stated that she did not
Yes, Cancio can compel Susan to produce the copy in recognize Marco as an adopted son because of his
her possession. A person having custody of the will is disrespectful conduct towards her.
bound to deliver the same to the court of competent Duqueza soon instituted an action for probate of
jurisdiction or to the executor, as provided in Sec. 2, Czarinas will. Marco, on the other hand, instituted
Rule 75, Rules of Court. intestate proceedings. Both actions were consolidated
before the RTC of Pasig. On motion of Marco,
Can the probate court appoint the widow as Duquezas petition was ordered dismissed on the
executor of the will? (2%) ground that the will is void for depriving him of his
legitime. Argue for Duqueza. (5%)
SUGGESTED ANSWER:
Yes, the probate court can appoint the widow as SUGGESTED ANSWER:
executor of the will if the executor does not qualify, as
when he is incompetent, refuses the trust, or fails to The petition for probate of Czarinas will, as filed by
give bond (Sec. 6, Rule 78, Rules of Court). Duquesa should not be dismissed on mere motion of
Marco who instituted intestate proceedings. The law
Can the widow and her children settle favors testacy over intestacy, hence, the probate of the
extrajudicially among themselves the estate of the will cannot be dispensed with. (See Sec. 5, Rule 75)
deceased? (2%) Thus, unless the will which shows the obvious
intent to disinherit Marco is probated, the right of a
SUGGESTED ANSWER: person to dispose of his property may be rendered
No, the widow and her children cannot settle the nugatory (See Seanio vs. Reyes, G.R. Nos. 140371-72,
estate extrajudicially because of the existence of the Nov. 27, 2006). Besides, the authority of the probate
Will. No will shall pass either real or personal estate court is generally limited only to a determination of
unless it is proved and allowed in the proper court

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 SPECIAL PROCEEDINGS
Bar Exam Questions 1996-2013

the extrinsic validity of the will. In this case, Marco

questioned the intrinsic validity of the will. Probate of Will; Application of Modes of Discovery
(2008)
Probate of Will (2007) An heir/oppositor in a probate proceeding filed a
(b) The heirs of H agree among themselves that they motion to remove the administrator on the grounds of
will honor the division of Hs estate as indicated in neglect of duties as administrator and absence from
her Last Will and Testament. To avoid the expense of the country. On his part the heir/oppositor served
going to court in a Petition for Probate of the Will, can written interrogatories to the administrator
they instead execute an Extrajudicial Settlement preparatory to presenting the latter as a witness. The
Agreement among themselves? Explain briefly. (5%) administrator objected, insisting that the modes of
discovery apply only to ordinary civil actions, not
SUGGESTED ANSWER: special proceedings. Rule on the matter.

The heirs of H cannot validly agree to resort to SUGGESTED ANSWER:

extrajudicial settlement of his estate and do away
with the probate of Hs last will and testament. No, the administrator is not correct. Modes of
Probate of the will is mandatory (Guevarra v. discovery apply also to special proceedings. Sec. 2,
Guevarra, 74 Phil. 479 [1943]). The policy of the law is Rule 72 states that in the absence of special
to respect the will of the testator as manifested in the provisions, the rules provided for in ordinary actions
other dispositions in his last will and testament, shall be, as far as practicable, applicable in special
insofar as they are not contrary to law, public morals proceedings.
and public policy. Extrajudicial settlement of an estate
of a deceased is allowed only when the deceased left Probate of Will: Will Outside of the Philippines
no last will and testament and all debts, if any, are (2010)
paid (Rule 74, Sec. 1, Rules of Court). Pedrillo, a Fil-Am permanent resident of Los Angeles,
California at the time of his death, bequeathed to
Probate of Will; Jurisdictional Facts (2012) No.X.C. Winston a sum of money to purchase an annuity.
What are the jurisdictional facts that must be alleged Upon Pedrillos demise, his will was duly probated in
in a petition for probate of a will? How do you bring Los Angeles and the specified sum in the will was in
before the court these jurisdictional facts? (3%) fact used to purchase an annuity with XYZ of Hong
Kong so that Winston would receive the equivalent of
SUGGESTED ANSWER: US$1,000 per month for the next 15 years. Wanting to
receive the principal amount of the annuity, Winston
The jurisdictional facts in a petition for probate are: files for the probate of Pedrillos will in the Makati
(1) that a person died leaving a will; (2) in case of a RTC. As prayed for, the court names Winston as
resident, that he resided within the territorial administrator of the estate. Winston now files in the
jurisdiction of the court; and (3) in the case of a non- Makati RTC a motion to compel XYZ to account for
resident, that he left an estate within such territorial all sums in its possession forming part of Pedrillos
jurisdiction. The jurisdictional facts shall be contained estate. Rule on the motion. (5%)
in a petition for allowance of will.

1
SUGGESTED ANSWER: been established. The publication of the settlement
The motion should be denied. Makati RTC has no does not constitute constructive notice to the heirs
jurisdiction over XYZ of hongkong. The letters of who had no knowledge or did not take part in it
administration granted to Winston only covers all because the same was notice after the fact of
Pedrillos estate in the Philippines. (Rule 77, Sec. 4) execution. The requirement of publication is
This cannot cover the annuities in Hongkong. At the intended for the protection of creditors and was
outset, Makati RTC should not have taken never intended to deprive heirs of their lawful
cognizance of the petition filed by Winston, because participation in the decedents estate. She can file
the will does not cover any property of Pedrillo the action therefor within four (4) years after the
located here in the Philippines. settlement was registered.

Settlement of Estate (2010) Settlement of Estate (2001)

Sal Mineo died intestate, leaving a P1 billion estate. The rules on special proceedings ordinarily require
He was survived by his wife Dayanara and their five that the estate of the deceased should be judicially
children. Dayanara filed a petition for the issuance of administered thru an administrator or executor. What
letters of administration. Charlene, one of the are the two exceptions to said requirements? (5%)
children, filed an opposition to the petition, alleging
that there was neither an allegation nor genuine effort SUGGESTED ANSWER:
to settle the estate amicably before the filing of the The two exceptions to the requirement are:
petition. Rule on the opposition. (5%)
(a) Where the decedent left no will and no debts
SUGGESTED ANSWER: and the heirs are all of age, or the minors are
represented by their judicial or legal
The opposition should be overruled for lack of representatives duly authorized for the
merit. The allegation that there was a genuine effort purpose, the parties may without securing
to settle the estate amicably before the filing of the letters of administration, divide the estate
petition is not required by the Rules. Besides, a among themselves by means of public
petition for issuance of letters of administration instrument filed in the office of the register of
may be contested on either of two grounds : (1) the deeds, or should they disagree, they may do
incompetency of the person for whom letters are so in an ordinary action of partition. If there is
prayed therein; and (2) the contestants own right to only one heir, he may adjudicate to himself
the administration. (Sec. 4, Rule 9). the entire estate by means of an affidavit filed
in the office of the register of deeds. The
Settlement of Estate (2009) parties or the sole heir shall file
Pinoy died without a will. His wife, Rosie and three simultaneously abound with the register of
children executed a deed of extrajudicial settlement of deeds, in an amount equivalent to the value of
his estate. The deed was properly published and the personal property as certified to under
registered with the Office of the Register of Deeds. oath by the parties and conditioned upon the
Three years thereafter, Suzy appeared, claiming to be payment of any just claim that may be filed
the illegitimate child of Pinoy. She sought to annul later. The fact of the extrajudicial settlement or
the settlement alleging that she was deprived of her administration shall be published in a
rightful share in the estate. Rosie and the Three newspaper of general circulation in the
Children contended that (1) the publication of the province once a week for three consecutive
deed constituted constructive notice to the whole weeks. (Sec. 1 of Rule 74, Rules of Court)
world, and should therefore bind Suzy; and (2) Suzys
action had already prescribed. Are Rosie and the (b) Whenever the gross value of the estate of a
Three Children Correct? Explain. deceased person, whether he died testate or
intestate, does not exceed ten thousand pesos,
SUGGESTED ANSWER: and that fact is made to appear to the RTC
having jurisdiction or the estate by the
NO, the contention is not correct. Suzy can file a petition of an interested person and upon
complaint to annul the extrajudicial settlement and hearing, which shall be held not less than one
she can recover what is due her as such heir if her (1) month nor more than three (3) months
status as an illegitimate child of the deceased has from the date of the last publication of a
 notice which shall be published once a week Give the proper venue for the following special
for three consecutive weeks in a newspaper of proceedings:
general circulation in the province, and after a) A petition to declare as escheated a parcel of land
such other notice to interested persons as the owned by a resident of the Philippines who died
court may direct, the court may proceed intestate and without heirs or persons entitled to the
summarily, without the appointment of an property.
executor or administrator, to settle the estate. b) A petition for the appointment of an administrator
(Sec. 2 of Rule 74, Rules of Court) over the land and building left by an American citizen
residing in California, who had been declared an
incompetent by an American court.
Settlement of Estate; Administrator (1998) c) A petition for the adoption of a minor residing in
A, claiming to be an illegitimate child of the deceased Pampanga.
D, instituted an Intestate proceeding to settle the
estate of the latter. He also prayed that he be SUGGESTED ANSWER:
administrator of said estate. S, the surviving spouse,
opposed the petition and A's application to be (a) The venue of the escheat proceedings of a parcel of
appointed the administrator on the ground that he land in this case is the place where the deceased last
was not the child of her deceased husband D. The resided. (Sec. 1. Rule 91, Rules of Court).
court, however, appointed A as the administrator of
said estate. Subsequently, S, claiming to be (b) The venue for the appointment of an
the sole heir of D, executed an Affidavit of administrator over land and building of an American
Adjudication, adjudicating unto herself the entire citizen residing in California, declared Incompetent
estate of her deceased husband D. S then sold the by an American Court, is the RTC of the place where
entire estate to X. Was the appointment of A as his property or part thereof is situated. (Sec. 1. Rule
administrator proper? [2%] Was the action of S in 92).
adjudicating the entire estate of her late husband to
herself legal? [3%] (c) The venue of a petition for the adoption of a minor
residing in Pampanga is the RTC of the place in
SUGGESTED ANSWER: which the petitioner resides. (Sec. 1. Rule 99)
1. Yes, unless it is shown that the court gravely-
abused its discretion in appointing the illegitimate
child as administrator, instead of the spouse. While
the spouse enjoys preference, it appears that the
spouse has neglected to apply for letters of
administration within thirty (30) days from the death
of the decedent. (Sec. 6, Rule 78, Rules of Court;
Gaspay, Jr. vs. Court of Appeals. 238 SCRA 163.)

ALTERNATIVE ANSWER:
S, the surviving spouse, should have been appointed
administratrix of the estate, in as much as she enjoys
first preference in such appointment under the rules.
(Sec. 6(a) of Rule 78, Rules of Court.)

SUGGESTED ANSWER:

2. No. An affidavit of self-adjudication is allowed

only if the affiant is the sole heir of the. deceased.
(Sec. 1, Rule 74, Rules of Court). In this case, A also
claims to be an heir. Moreover, it is not legal because
there is already a pending juridical proceeding for the
settlement of the estate.

Venue; Special Proceedings (1997)