page 44. What must the proponent prove during a reprobate proceeding? (5). 1. 2. 3. 4. 5.

the testator was domiciled in the foreign country; that the will has been admitted to probate in such country; that the foreign court was under the laws of said foreign country, a probate court with jurisdiction over the proceedings; the law on probate procedure in said foreign country is proof of compliance therewith; and the legal requirements in said foreign country for the valid execution of the will (Fluemer vs Hix, 54 PHIL 610)

What are the effects of allowance of will under this rule? Rule 77. (3). 1. 2. 3. The will shall be treated as if originally proved and allowed in Philippine courts; Letters testamentary or administration with a will annexed shall extend to all estates of the Philippines; After payment of just debts and expenses of administration, the residue of the estate shall be disposed of as provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country.

Page 60. Enumerate the grounds under rule 82 section 2 where a court may remove or accept resignation of an executor or administrator: (6). 1. 2. 3. 4. 5. 6. neglects to render his account and settle the estate according to law; or to perform an order or judgement of the court; or a duty expressly provided by the rules of court; or absconds; or becomes insane; or otherwise incapable or unsuitable to discharge the trust.

Cite examples of a valid removal of an administrator by the probate court. (4). 1. 2. 3. 4. Rule 78. Who are incompetent to serve as executors or administrators? (MNO) (3). 1. is a minor; 2. is not a resident of the Philippines; and 3. Is 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 by reason of conviction of an offense involving moral turpitude. Order of preference Letters of Administration (4). An administrator who disbursed funds of the estate without judicial approval. False representation by an administrator in securing his appointment. An administrator who holds an interest adverse to that of the estate or by his conduct shows unfitness to discharge the trust. An administrator who has physical inability and consequent unsuitability to mange the estate.

1. 2. 3. 4.

Surviving husband or wife, or the next of kin, or both, by the discretion of the court. Person requested to be appointed by the surviving husband or wife, or next of kin. One or more of the principal creditors. Such other person that the court may select.

Must a contingent claim filed in the probate proceeding contain a certification against non-forum shopping, failing which such claim should be dismissed? Shekker versus Shekker, page 6. Issue: Did the RTC err in dismissing petitioners contingent money claim against respondent estate for failure of petitioner to attach to his motion a certification against non-forum shopping? Yes. The Supreme Court ruled in the affirmative. The certification of non-forum shopping is required only for complaints and other initiatory pleadings. A money claim is only an incidental matter in the main action for settlement of the decedents state; it is not an initiatory pleading. Hence the petitioners contingent money claim, not being an initiatory pleading, does not require a certification against nonforum shopping. What are the possible consequences if in the course of intestate proceeding, a will is later discovered? The possible consequences are as follows: 1. The intestate proceeding will be consolidated with a new testate proceeding and the judge will continue to hear both cases. 2. The intestate proceeding will be replaced by a testate proceeding, however, this is without prejudice to the continuation of the proceeding as an intestacy. As to whether the intestate proceeding already commenced should be discontinued and a new proceeding under a separate number and title should be constituted is entirely a matter of form and lies within the sound discretion of the court. However, the mere discovery of a document purporting to be the last will and testament of the decedent does not however ipso facto nullify the letter of administration until the will has been proved and allowed. Qualifications under RA Act No. 8043 or the Inter-Country Adoption Act of 1995, page 140. Who may adopt. An alien or a Filipino citizen permanently residing abroad may file an application for intercountry adoption of a Filipino child. Qualifications (9). 1. is at least twenty (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless:

the adopter is the parent by nature of the child to be adopted; or the spouse of such parent; 2. 3. 4. 5. 6. 7. 8. 9. if married, his her spouse must jointly file for the adoption; has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counselling from an accredited counsellor in his her country; has not been convicted of a crime involving oral turpitude; is eligible to adopt under his her national law; is in a position to provide the proper care and support and to give the necessary moral value and example to all his children, including the child to be adopted; agrees to uphold the basic rights of the child as embodied under Philippines laws, the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act; comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his her national laws; and possess all the qualifications and none of the disqualifications provided herein and in other applicable laws (Section 9).

Qualifications under Republic Act No. 8552 or the Domestic Adoption Act of 1998 Who may adopt (FAG). (3). 1. 2. 3. Any Filipino citizen; Any alien possessing the same qualifications as that for Filipino nationals; The guardian with respect to the ward.

Qualifications. Filipino citizen. (4). 1. 2. 3. 4. legal age, in possession of full civil capacity and legal rights; of good moral character, has not been convicted of any crime involving moral turpitude; emotionally and psychologically capable of caring for children; at least sixteen (16) years older than the adoptee. (waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptees parent).

ALIEN. (5). 1. 2. 3. 4. 5. Same as the qualifications of a Filipino citizen; His her country has diplomatic relations with the Republic of the Philippines; That he she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered; He she has been certified by his her diplomatic consular office or any appropriate government agency that he she has the legal capacity to adopt in his her country; His her government allows the adoptee to enter his her country as his her adopted son daughter.

Residency and certification of the aliens qualification to adopt in his her country may be waived for the following: (4),

1. 2. 3. 4.

a former Filipino citizen who seeks to adopt a relative within the fourth (4 th) degree of consanguinity or affinity; or one who seeks to adopt the legitimate son daughter of his her Filipino spouse; or if one spouse seeks to adopt his her own illegitimate son daughter: provided, however, that the other spouse has signified his her consent thereto; or if the spouses are legally separated from each other.

In case husband and wife jointly adopt, or one spouse adopts the illegitimate son daughter of the other, joint parental authority shall be exercised by the spouses. Guardian. Only after the termination of the guardianship and clearance of his her financial accountabilities (Section 7). Habeas Corpus Extensions Rightful Custody. Habeas Corpus may be resorted to in cases where rightful custody is withheld from a person entitled thereto. Under Article 211 of the Family Code, respondent and petitioner have joint parental authority over their child and consequently joint custody. Further, although the couple is separated de facto; the issue of custody was yet to be adjudicated by the court. In the absence of a judicial grant of custody to one parent, both parents are still entitled to the custody of their child. In the present case, Salientes versus Abanilla, private respondents cause of action is the deprivation of his right to see his child as alleged in his petition. Hence, the remedy of Habeas Corpus is available to him. Republic versus Marcos. Issue: Whether or not the probate court gravely erred in failing to consider that respondents Imelda R. Marcos and Ferdinand Marcos THE SECOND should be disqualified to act and serve as executors. The Supreme Court ruled that they are qualified because said decision is still pending appeal. Therefore, since respondent Ferdinand Marcos THE SECOND has appealed his conviction relating to four violations of Section 45 of the NIRC, the same should not serve as a basis to disqualify him to be appointed as an executor of the will of his Father. More importantly, even assuming arguendo that his conviction is later on affirmed, the same is still insufficient to disqualify him as the failure to file an income tax return is not a crime involving moral turpitude. What is adoption? Page 137. It is defined as a juridical act, a proceeding in rem, which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. Only an adoption made through the court is valid in this jurisdiction. It is not a natural law at all, but is wholly and entirely artificial. To establish the relation, the statutory requirements must be strictly carried out; otherwise, the adoption is an absolute nullity. The fact of adoption is never presumed, but must be affirmatively proved by the person claiming its existence, such as by the decree of adoption issued by the court. Lazatin versus Campos, 92 SCRA 250).

Who may be adopted under RA No. 8552. (5). 1. 2. 3. 4. 5. 6. Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption; The legitimate son daughter of one spouse by the other spouse; An illegitimate son daughter by a qualified adopter to improve his her status to that of legitimacy; A person of legal age if prior to the adoption, said person has been consistently considered and treated by the adopter adopters as his her own child since minority; A child whose adoption has been previously rescinded; A child whose biological or adoptive parent parents has died:

Provided that no proceedings shall be initiated within six (6) months from the time of death said parent parents. Section 8. Under RA 8043 only a legally free child may be the subject of inter country adoption. Section 8. What is a clerical typographical error? Page 252. A clerical error is one which is visible to the eye or obvious to the understanding; an error made by the clerk or a transcriber; a mistake in copying or writing, or some harmless or innocuous change such as correction of a name that is merely misspelled or a misstatement of the occupation of the parties. Yu versus Civil Registrar of Manila. Define the Writ of Habeas Data under Section 1 page 215. It is a remedy available to any person whose right to privacy in life, liberty, or security s violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. Page 77. Claim of the Estate against a Third Person. As a general rule, a probate court has no jurisdiction to entertain a claim in favour of the estate against a third person as the same must be the subject of an ordinary action. The exception to this Rule is provided under rule 86, Section 10. It authorizes the executor or administrator to interpose any counterclaim in offset of a claim against the state. Said counterclaim is regarded as a compulsory counterclaim as the failure to file the same shall bar the claim forever. page 77, BAR QUESTION (2002). X filed a claim in the intestate proceedings of D. Ds administrator denied liability and filed a counterclaim against X. Xs claim was disallowed. 1. Does the probate court still have jurisdiction to allow the claim of Ds administration by way of offset? Why?

The probate court has no jurisdiction to allow the claims of Ds administrator by way of offset because it appears that there is no amount against which to offset the claim. 2. Suppose Ds Administrator did not allege any claim against X by way of offset. Can Ds administrator prosecute the claim in an independent proceeding? Why?

Ds administrator can proceed with the claim in an independent action since the claim of X was disallowed. Where X had a valid claim and Ds administrator did not allege any claim against X by way of offset, his failure to do so would bar his claim forever. Rule 72. Define Special Proceeding. It is a remedy by which a person seeks to establish a status, a right, or a particular fact. What is a civil action? A civil action is an action by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. Pursuant to Rule 1, Section 3 of the 1997 Rules of Civil Procedure, a civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong while a special proceeding under the same rule provides that it is a remedy by which a party, seeks to establish a status, a right or a particular fact. Unlike actions, a special proceeding is generally commenced by application, petition, or special form of pleading as may be provided for by the particular rule of law. What is a criminal action? A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. What is succession? Article 774. Succession is a mode of acquisition by virtue of which the property, rights, and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. What is a will? Article 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. Rule 73. What is the meaning of the term resides? Resides should be viewed or understood in its popular sense, meaning, the personal, actual or physical habitation of a person, actual residence of place of abode. It signifies physical presence in a place and actual stay thereat. In this popular sense, term means merely residence, that is, personal residence, not legal residence or domicile. Residence

simply requires bodily presence as an inhabitant in a given place, while domicile required bodily presence in that particular place and also an intention to make ones domicile. No particular length of time of residence is required though; however, the residence must be more than temporary. (Garcia Fule versus CA, 74 SCRA 189). Rule 74. What is summary settlement of small value? It is a summary proceeding without need of an appointment of an administrator or executor for the settlement of the estate of a deceased person who died testate or intestate, where the gross value thereof dose not exceed Ten thousand pesos. What is an Affidavit of Self-Adjudication? It is an affidavit required by Rule 74, Section 1 to be executed by the sole heir of a deceased person in adjudicating to himself the entire estate left by the decedent. It is filed with the Registry of Deeds. Rule 75. Explain Probate or Allowance of Wills. It is the act of proving in court a document purporting to be the last will and testament of a certain deceased person for the purpose of its official recognition, registration, and carrying out its provision in so far as they are in accordance with law. (Blacks Law Dictionary) Is the allowance of a will necessary? Yes, the allowance of a will is necessary. Rule 75, Section 1 is explicit. No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Rule 75. Section 1. Allowances necessary. Conclusive as to execution. --- No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution. Rule 76. Define Probate of a Will. It is the act of proving in court a document purporting to be the last will and testament of a certain deceased person for the purpose of its official recognition, registration, and carrying out its provision in so far as they are in accordance with law. (Blacks Law Dictionary) Rule 78. Differentiate an Executor from an Administrator. An executor is a person named expressly by the deceased person in his will to administer, settle, and liquidate his estate, while an administrator is a person appointed by the intestate court to administer the estate of a deceased person who: a) dies without leaving a will; b) or did not name any executor even if there was a will; c) or if there be one named, he is incompetent, refuses the trust or fails to give a bond, or that the will subsequently, is declared null and void.

Define Letters Testamentary. It is the authority issued to an executor named in the will to administer the estate. Define Letters of Administration. It is an authority issued by the court to a competent person to administer the estate of the deceased who died intestate. Rule 80. Define a Special Administrator. A Special Administrator is a representative of the decedent appointed by the probate court to care for and preserve his estate until an executor or general administrator is appointed. Rule 82. What is liquidation? Liquidation means the determination of all the assets of the estate payment of all debts and expenses. Rule 85. What are Administration Expenses? Administration expenses should be those which are necessary for the management of the estate, for protecting it against destruction or deterioration, and possibly, for the production of fruits. They are expenses and its management for purposes of liquidation, payment of debts, and distribution of the residue among the persons entitled to thereto. What are Necessary Expenses? Necessary expenses of administration are such expenses as are entailed for the preservation and productivity of the estate and for its management for purposes of liquidation, payment of debts, and distribution of the residue among persons entitled thereto. (Lizarraga Hermanos versus Abada, 40 Phil. 124) Expenses for renovation and improvement of the family residence, incurred to preserve the family home and to maintain the familys social standing in the community are allowable as legitimate administration expenses of the estate of the deceased. (Guzman versus De Guzman Carillo, 83 SCRA 256). Rule 86. What is the so called Statute of Non-Claims? It is the period fixed by Section 2 of Rule 86 for the filing of the claims against the estate. The rule mandates certain creditors of a deceased person to present their claims for examination and allowance within a specified period, the purpose thereof being to settle the estate with dispatch, so that the residue may be delivered to the persons entitled thereto without their being afterwards called upon to respond in actions for claims, which under the

ordinary statute of limitations, have not yet prescribed. (Santos versus Manarang, 27 Phil. 213). It must not be less than six months and must not be more than one year. What is the meaning of money claims that must be filed in the testate or intestate proceedings? Money claims are claims for money, debt , or interest thereon upon a liability contracted by the decedent before his death. Claims contracted after his death cannot therefore be presented with the exception of funeral expenses and expenses incurred on the last sickness of the decedent. What is a contingent claim? It is one by which, by its nature is necessarily dependent upon an uncertain event for its existence and claim, and its validity and enforceability depending upon an uncertain event. (Gasket and Co. VERSUS Tan Sit, 43 Phil 810). It is one which, by its nature, is necessarily dependent upon an uncertain event for its existence and validity. It may or not develop into a valid and enforceable claim and its validity and enforceability depending upon an uncertain event. It is one which, by its nature, is necessarily dependent upon an uncertain event for existence or validity, one of which may or may not develop into a valid and enforceable claim. (Buan versus Laya, 102 Phil. 682). Rule 90. What is liquidation? It means that the determination of all assets of the estate and payment of all debts and expenses. Rule 91. What is the concept of escheat? It is a proceeding whereby the real and personal property of a deceased person become the property of the State upon his death without leaving a will or legal heirs. It is not an ordinary action but a special proceeding, and commenced by petition and not by complaint. (Municipal Council of San Pedro, Laguna, et al. VERSUS Colegio de San Jose, Inc., et al., 65 Phil. 318) Rule 92. Define Guardianship. It is a trust relation of the most sacred character, in which one person called a guardian acts for another called the ward whom the law regards as incapable of managing his own affairs. A guardianship is designed to further the wards well-being not that of the guardian. It is intended to preserve the wards property, as well as to render any assistance that the ward may personally require. Define a Guardian.

A guardian is a person in whom the law has entrusted the custody and control of the person or estate or both of an infant, insane or other person incapable of managing his own affairs. Differentiate General from Limited Guardian. A general guardian is one whose responsibility is over the person of the ward or over his property while a limited guardian is over the property only. Who is a legal guardian? A legal guardian is a person who, without the need of judicial appointment, is designated as such by provision of law as in the case of the parents over the persons of their minor children. Who is a guardian add litem? A guardian add litem is any competent person appointed by the court to prosecute for or defend a minor, insane or person declared to be incompetent, in an action in court. Rule 98 Trustees. A trust is a confidence reposed in one person, called the trustee, for the benefit of another, called the cestui que trust, with respect to property held by the former for the benefit of the latter. The person in whom confidence is reposed as regards property for the benefit of another is known as the trustee. Differentiate an Express Trust from an Implied Trust. An express trust is one created by the direct and positive acts of the parties, by some writing or deed, or will, or by the words evidencing an intention to create a trust while an implied trust is one which, without being express, is deducible from the nature of the transaction as a matter of intent, or which are super induced on the transaction by operation of law as matters of equity, independent of the particular intention of the parties. (O Lao versus Co Cho Chit, 220 SCRA 656). Define Adoption. It is defined as a juridical act, a proceeding in rem, which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. Only an adoption made through the court is valid in this jurisdiction. It is not a natural law at all, but is wholly and entirely artificial. To establish the relation, the statutory requirement must be strictly carried out, otherwise, the adoption is an absolute nullity. The fact of adoption is never presumed, but must be affirmatively proved by the person claiming its existence, such as by the decree of adoption issued by the court. (Lazatin versus Campos, 92 SCRA 250). Define Inter-Country Adoption. According to the Inter-Country Adoption Act of 1995 (R.A. 8043), it is a socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines.

What is an inter-country adoption board? According to the Inter-Country Adoption Act of 1995 (R.A. 8043), it is a body created to act as the central authority in matters relating to inter-country adoption. It acts as the policy making body for purposes of carrying out the provisions of the Inter-Country Adoption Act, in consultation and coordination with the Department of Social Welfare and Development, the different child-care and placement agencies, adoptive agencies, as well as nongovernmental organizations engaged in child-care and placement activities. Define Writ of Habeas Corpus. Habeas Corpus is a Latin Phrase which literally means you have body. Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. It is a remedy to all cases of illegal confinement or detention: 1. 2. by which any person is deprived of his liberty; or by which the rightful custody of any person is withheld from the person entitled thereto.

Define the Writ of Amparo. It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof. Pursuant to Section 9, after the service of the writ, what must the respondent do? Within seventy-two (72) hours after service of the writ, the respondent shall file a verified written return together with supporting affidavits which shall, among other things, contain the following: (4). 1. 2. 3. 4. The lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omission; The steps or actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omission; All relevant information in the possession of the respondent pertaining to the threat, act or omission against aggrieved party; and If the respondent is a public official or employee, the return shall further state the actions that have been or will be taken: To verify the identity of the aggrieved party; (7). To recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsible;

To identify witnesses and obtain statements from them concerning the death or disappearance; To determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearance; To identify and apprehend the person or persons involved in the death or disappearance; and To bring the suspected offenders before a competent court The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case. What are the prohibited pleadings and motions in a petition for writ of amparo? (12). 1. 2. motion to dismiss; motion for extension of time to file, return, opposition, affidavit, position paper and other pleadings; 3. dilatory motion for postponement; 4. motion for a bill of particulars; 5. counterclaim or cross-claim; 6. third party complaint; 7. reply; 8. motion to declare respondent in default; 9. intervention; 10. memorandum; 11. motion for reconsideration of interlocutory orders or interim relief orders; and 12. Petition for certiorari, mandamus, or prohibition against any interlocutory order. (section 11) What are the Interim reliefs available to the petitioner? (4). 1. 2. 3. 4. Temporary Protection Order Inspection Order Production Order Witness Protection Order

Define Writ of Habeas Data. It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. It is a remedy for any person whose right to privacy in life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in: 1. 2. 3. Gathering Collecting Storing

Of data or information regarding the person family, home and correspondence of the aggrieved party. Compare Writ of Habeas Data and Writ of Amparo. Habeas Data essentially allows families of victims of enforced disappearance to petition the courts to compel government and security officials to allow access to documents about the missing. The writ of amparo, on the other hand, denies state officials the defense of denial with which they normally espouse to evade petitions for habeas corpus that families of missing persons file, and compels them instead to exert efforts to find these missing persons or face sanctions. Distinguish Rules 103, 108, and RA 9048 103 is Change of Name, 108 is cancellation correction of entries in the civil registry; and RA 0948 is the Clerical Error Act. The subject matter of 103 is the substantial correction of the full name (change of full name) The subject matter of rule 108 are substantial corrections in the civil entries (change or corrections in civil entries) RA 9048 Change of first name and nickname and civil entries (only typographical or clerical errors) --- amended by RA 10172 (birth month and day added) Under rule 108 what entries are subject to cancellation or corrections? (15). 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Rule 72. Distinguish between a special proceeding and a civil action. Special Proceeding versus Civil Action. (6). 1. A remedy to that seeks to establish a status, a right, or a particular fact while a civil action is an action wherein a party sues another for the protection or enforcement of a right or the prevention or redress of a wrong. births marriages deaths legal separations judgments of annulments of marriage judgments declaring marriages void from the beginning legitimations adoptions acknowledgments of natural children naturalization election, loss or recovery of citizenship civil interdiction judicial determination of filiation voluntary emancipation of a minor; and changes of name

2. Initiated by petition versus Initiated by a complaint. 3. Definite Petitioner No adverse party Not adversarial versus Definite Parties Adversarial. 4. Handled by a Court of limited jurisdiction versus Handled by a Court of general jurisdiction. 5. 30 day appeal period versus 15 day appeal period. 6. SoL does not apply versus SoL applies. Rule 73. What are the possible consequences if in the court of intestate proceedings, a will is later discovered? (3). 1. it is the sound discretion of the court to continue with the intestate proceeding or to proceed under a separate number or title (Reynoso versus Santiago 85 Phil. 268, 270). 2. consolidate and hear both cases (Roberts versus Leonidas, 129 SCRA 33). 3. replace the intestate proceedings but the proceedings will continue as an intestacy (Uriate versus CFI Negros, 33 SCRA 252, 259). Exceptions to Issuance of Writ of Execution (3). 1. To satisfy the distributive shares of the devisees, legatees, and heirs on possession of the decedents assets as laid down in Rule 88, Section 6; 2. To enforce payment of the expenses of partition under Rule 90, Section 3; 3. To satisfy the cost when the person is cited for examination in probate proceedings under Rule 142, Section 13. Rule 74. Distinguish Extrajudicial Settlement under Section 1 from Summary Settlement of Estates of Small Value under Section 2 of Rule 74. (5). 1. Extrajudicial Settlement requires court intervention Summary Settlement requires court intervention by summary proceeding; 2. In Extrajudicial Settlement, the value of the estate is immaterial while in Summary Settlement the gross value of the estate is P10,000.00 or below. The amount is jurisdictional. 3. In Extrajudicial Settlement, it is allowed only in intestate succession while Summary Settlement it is allowed in both testate and intestate estates. 4. In Extrajudicial Settlement, it is only proper when there are no outstanding debts of the estate at the time of the settlement, while in Summary Settlement it is allowed even if there are debts.

5. In Extrajudicial Settlement, it is instituted by agreement of all heirs, while in Summary Settlement it is instituted by any interested party, even by a creditor of the estate, without the consent of all the heirs. What are the requisites of a valid extrajudicial settlement? (5). 1. The decedent died intestate; 2. The estate has no outstanding debts at the time of the settlement; 3. The heirs are all of age, or the minors are represented by their judicial guardians or legal representatives; 4. The settlement is made in a public instrument, stipulation or affidavit duly filed with the register of deed; and 5. The fact of such judicial settlement must be published in a newspaper of general circulation in the province once a week for three (3) consecutive weeks. Rule 75. Give the concept and extent of the meaning of due execution. A decree of probate is conclusive with respect to the due execution of the will and it cannot be impugned on any grounds except that of fraud, in any separate or independent action or proceeding. (Manahan versus Manahan, 58 Phil. 448,45). Due execution covers the following: (ASDUG) (5). 1. The will was executed in accordance with the strict formalities of the law; 2. The testator was of sound and disposing mind at the time of the execution of the will; 3. Consent is not vitiated by any duress, fear, or threats; 4. The will was not procured by any undue influence from the beneficiary or by some other person for his benefit; 5. The signature of the testator is genuine. The general rule provides that a probate court cannot decide a question of title of ownership. Are there any exceptions where it can pass upon the question of title to property? The probate court may pass upon the question of title to property on the following: (2). 1. The interested parties who are all heirs of the deceased consent thereto and the interests of third parties are not prejudiced; 2. In a provisional manner, to determine whether said property should be included in or excluded from the inventory, without prejudice to the final determination of title in a separate action. Rule 76. Section 2. Contents of petition. (5). 1. The jurisdictional facts; 2. The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent; 3. The probable value and character of the property of the estate; 4. The name of the person for whom letters are prayed;

5. If the will has not been delivered to the court, the name of the person having custody of it. How may a lost will be proved? (3). 1. Execution and validity of the will must be established; 2. The will must have been in existence at the time of the death of the testator; or shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge; 3. The provisions are clearly and distinctly proved by at least two credible witnesses. Rule 77. What must the proponent prove during a re-probate proceeding? (5). 1. the testator was domiciled in the foreign country; 2. the will has been admitted to probate is such country; 3. that the foreign court was, under the laws of said foreign country, a probate court with jurisdiction over the proceedings; 4. the law on probate procedure in said foreign country proof of compliance therewith; and 5. the legal requirements in said foreign country are complied with for the valid execution of the will (Fluemer versus Hix, 54 Phil. 610) What are the effects of allowance of a will under this rule? (3). The effects are as follows: 1. The will shall be treated as if originally proved and allowed in Philippines courts; 2. Letters testamentary or administration with a will annexed shall extend to all estates of the Philippines; and 3. After payment of just debts and expenses of administration, the residue of the estate shall be disposed of as provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country. Rule 78. Who are incompetent to serve as executors or administrators? (MNO). (3). 1. is a minor; 2. is not a resident of the Philippines; and 3. Is 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 by reason of conviction of an offense involving moral turpitude. Order of preference Letters of Administration. (4). 1. 2. 3. 4. Surviving husband or wife, or the next of kin, or both, by the discretion of the court. Person requested to be appointed by the surviving husband or wife, or next of kin. One or more of the principal creditors. Such other person that the court may select.

Rule 79. Enumerate the contents of petition for Letters of Administration. (4).

1. Jurisdiction facts; 2. The names, ages, and residences of the heirs, and the names and residences of the creditors, of the decedent; 3. The probable value and character of the property of the estate; 4. The name of the person for whom letters of administration are prayed. Rule 80. Administrator versus Special Administrator. (3). 1. appointed due to intestacy versus Due to delay. 2. obliged to pay debts of the estate versus Not obliged to pay. 3. appointment subject to appeal versus Appointment not subject to appeal because it is an interlocutory order. Rule 81. Is the Executor or Administrator required to post bond? Yes. Before an executor or administrator enters upon the execution of his trust, and letters testamentary or of administration issue, he shall give a bond, in such sum as the court directs, conditioned as follows: (4). 1. to make and return to court, within three (3) months, a true and complete inventory of all goods, chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge or to the possession of any other person for him; 2. to administer according to these rules, and, if an executor, according to the will of the testator, all goods, chattels, rights, credits, and estate which shall at any time come to his possession or to the possession of any other person for him, and from the proceeds to pay and discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be decreed by the court; 3. to render a true and just account of his administration to the court within one (1) year, and at any other time when required by the court; 4. to perform all orders of the court by him to be performed. Rule 82. Enumerate the grounds under rule 82 section 2 where the court may remove or accept resignation. (6). 1. If an executor or administrator neglects to render his account and settle the estate according to law; 2. Neglects to perform an order or judgment of the court; 3. Fails to perform a duty provided by these rules; 4. Absconds; 5. Becomes Insane; 6. Incapable or unsuitable to discharge the trust. Examples of a valid removal of an Administrator by the probate court. 1. unapproved (i.e., judicial approval) disbursement of funds (Cotia versus Jimenez, 104 Phil. 966);

2. false representation by the administrator in securing his appointment. (Cobarrubias versus Dizon, 76 Phil. 209); 3. adverse interest or by conduct shows unfitness to discharge the trust (Garcia versus Vasquez, 32 SCRA 490); and 4. physical inability and consequent unsuitability to manage the estate.. ( De Borja versus Tan, 93 Phil. 167). Rule 84. What are the general powers and duties of Executors and Administrators? (5). 1. shall at all times have access to, and may examine and take copies of, books and papers relating to the partnership business; 2. may examine and make invoices of the property belonging to such partnership; 3. shall maintain in tenable repair the houses and other structures and fences belonging to the estate, and deliver the same in such repair to the heirs or devisees when directed so to do by the court; 4. shall have the right to the possession and management of the real as well as the personal estate of the deceased so long as it is necessary for the payment of the debts and the expenses of administration. 5. to post a bond. When is leave of court necessary? In the following circumstances leave of court is necessary as the acts are not considered within the power of administration: (2). 1. An administration of an intestate cannot exercise the right of legal redemption over a portion of the property owned in common sold by one of the other co-owners since this is not within the powers of administration. (Caro versus CA, 113 SCRA 10); 2. Where estate of a deceased person is already the subject of a testate or intestate proceeding, the administrator cannot enter into any transaction involving it without any prior approval of the Court. (Estate of Olave versus Reyes, 123 SCRA 767). Rule 86. Enumerate the types of claims that must be filed with the probate court under the notice to the creditors. (3). 1. All money claims against the decedent arising from contract, express or implied, whether the same be due, not due, or contingent; 2. All claims for funeral expenses and expenses for the last sickness of the decedent; 3. Judgment for money against the decedent. The judgment must be presented as a claim against the estate, where the judgment debtor dies before levy on execution of his properties. What are the three distinct, alternative remedies available to a mortgage creditor upon the death of the mortgagor? (3). 1. To waive the security mortgage and claim the entire debt from the estate as an ordinary claim.

By filing money claim against the estate he is deemed to have abandoned the mortgage and thereafter he cannot file a foreclosure suit if he fails to recover his money claim against the estate; 2. To foreclose mortgage judicially and prove any deficiency as an ordinary claim. The foreclosure suit should be against the executor or administrator as party defendant. In the event that a creditor fails to fully recover his claim, he may obtain deficiency judgement and file it as a claim against the estate in the manner provided by this Rule; 3. To rely solely upon the mortgage and foreclose the same at any time before it is barred by prescription without right to claim any deficiency. This mode includes extrajudicial foreclosure of sale and its exercise precludes one from recovery any balance of indebtedness against the estate and frees the estate from further liability.

Rule 87. Under this rule, what actions may be commenced against the Executor or Administrator? (3). 1. Recovery of real or personal property or any interest therein from the estate; 2. Enforcement of a lien thereon; 3. Action to recover damages for any injury to person or property, real, or personal. The aforementioned instances are deemed actions that survive the death of the decedent. As a rule, heirs have no standing in court to sue for the recovery of the estate represented by an executor or administrator during pendency of administrative proceedings. Cite any exceptions, if any. (3). 1. If the executor or administrator is unwilling to bring suit; 2. When the executor or administrator is made a party defendant where he is alleged to have participated in the act complained of; 3. When there is no appointed administrator. Rule 88. Exceptions to the issuance of writ of execution by the probate court to pay claims. (3). 1. to satisfy the distributive shares of devisees, legatees, and heirs in possession of the decedents assets; 2. to enforce payment of the expenses of partition; and 3. to satisfy the costs when a person is cited for examination in probate proceedings. Rule 90. When must the order for distribution of residue be made? (5). When all. 1. 2. 3. 4. debts funeral charges and expenses of administration allowance to the widow

5. inheritance taxes (transfer taxes), if any, Chargeable to the estate in accordance with law have been paid. Exception: the distributees or any of them give a bond the amount fixed by the court. Rule 93. With respect to a minor, (as governed by SC A.M. No. 03-02-05) the following are the persons who may petition: (4). 1. any relative; or 2. other person on behalf of the minor; or 3. the minor himself if 14 years of age or over; or 4. the Secretary of Social Welfare and by the Secretary of Health in case of an insane minor who needs to be hospitalized. (Section 2 of SC AM 03-02-05). With respect to incompetent other than a minor, (as governed by the Rules of Court) the following persons may petition: (5). 1. any relative; or 2. friend; or 3. other person on behalf of the resident incompetent who has no parents or lawful guardian; or 4. the Director of Health in favour of an insane person who should be hospitalized or in favour of an isolated leper; 5. any one interested in the estate of a non-resident incompetent. The contents of petition for guardianship over a minor are as follows: (8). 1. the jurisdictional facts; 2. the name, age, and residence of the prospective ward; 3. the ground rendering the appointment necessary or convenient; 4. the death of the parents of the minor or the termination, deprivation or suspension of their parental authority; 5. the remarriage of the minors surviving parent; 6. the names, ages, and residences of relatives within the fourth (4 th) civil degree of minor and of persons having him in their custody; 7. the probable value, character, and location of the property of the minor, and 8. the name, age, and residence of the person for whom letters of guardianship are prayed. The contents of petition for guardianship over an incompetent who is not a minor are as follows: (4). 1. the jurisdictional facts; 2. the incompetency of the person rendering the appointment of a guardian necessary or convenient; 3. the probable value and character of his estate; 4. the names of the person for whom letters of guardianship are prayed. Enumerate the factors considered in appointing a guardian. (7). 1. financial condition; 2. physical condition; 3. sound judgment;

4. prudence and trustworthiness; 5. moral character and conduct; 6. present and past history of prospective appointee; 7. probability of his being able to exercise the powers and duties of a guardian for the full period during the guardianship. (Francisco versus CA, 127 SCRA 371) . Rule 95. When may a guardian file a petition with leave of court to sell or encumber the state? (3). 1. When the income of an estate under guardianship is insufficient to maintain the ward and his family; 2. to maintain and educate the ward when a minor; or 3. when it appears that it is for the benefit of the ward that his real estate or some part thereof be sold, or mortgaged or otherwise encumbered, and the proceeds thereof put out an interest, or invested in some productive security, or in the improvement or security of other real estate of the ward. Rule 96. The general powers and duties of a guardian are as follows: (6). 1. Have the care and custody of the person of the ward, and the management of his estate, or the management of the estate only, as the case may be (Section 1); 2. Pay the debts of the ward (Section 2); 3. Settle accounts, collect debts and appear in actions for the ward (Section 4); 4. Manage the estate of the ward frugally, and apply the proceeds to maintenance of the ward (Section 4); 5. Render verified inventory within 3 months after his appointment and annually thereafter upon application of interested persons (Section 7); 6. Must present his account to the court for settlement and allowance (Section 8). Rule 97. The grounds for termination of guardianship over a minor are as follows: (3). 1. The ward has come of age; or 2. The death of the ward; or 3. The death of the guardian. The grounds for the termination of guardianship of an incompetent other than a minor are as follows: (3). 1. 2. 3. 4. Competency of the ward has been judicially determined; or Guardianship is no longer necessary; or Death of the ward; or Death of the guardian.

The mother has been declared unsuitable to have custody of her children in one or more of the following instances: (6). 1. neglect,

2. 3. 4. 5. 6. 5. 6.

abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity or affliction with a communicable disease.

Administrative Circular No. 03-02-05, Rule on Guardianship of Minors Effectivity date: May 1, 2003 Enumerate the grounds for the appointment of a guardian as provided under section 4. (4). The grounds are: 1. death, continued absence, or incapacity of his parents; 2. suspension, deprivation or termination of parental authority; 3. marriage of his surviving parent , if the latter is found unsuitable to exercise parental authority; or 4. when the best interests of the minor so require. Under Section 5, What should the court consider in appointing a guardian? The following should be considered: (7). 1. moral character; 2. physical, mental, and psychological condition; 3. financial status; 4. relationship of trust with the minor; 5. availability to exercise the powers and duties of a guardian for the full period of the guardianship; 6. lack of conflict of interest with the minor; and 7. ability to manage the property of the minor. What is the order of preference in appointing guardian, in default of parents or a court-appointed guardian pursuant to section 6? The order of preference is as follows: (4). 1. the surviving grandparent and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations; 2. the oldest brother or sister or the minor over twenty-one years of age, unless unfit or disqualified; 3. the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and 4. any other person, who in the sound discretion of the court, would serve the best interests of the minor. What are the required contents and form in a petition of guardianship under section 7? (8). 1. The jurisdictional facts;

2. The name, age, and residence of the prospective ward; 3. The ground rendering the appointment necessary or convenient; 4. The death of the parents of the minor or the termination, deprivation or suspension of their parental authority; 5. The remarriage of the minors surviving parent; 6. The names, ages, and residences of relatives within the 4 th civil degree of the minor, and of persons having him in their care and custody; 7. The probable value, character, and location of the property of the minor; and 8. The name , age, and residence of the person for whom letters of guardianship are prayed. The petition shall be verified and accompanied by a certification against forum shopping. However, no defect in the petition or verification shall render void the issuance of letters of guardianship. Enumerate the conditions set in the filing of a bond by the guardian under section 14. (4). 1. To make and return to the court, within three months after the issuance of his letters of guardianship, a true and complete inventory of all the property, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person in his behalf; 2. To faithfully execute the duties of his trust, to mange and dispose of the property according to this rule for the best interest of the ward, and to provide for his proper care, custody, and education; 3. To render a true and just account of all the property of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by this rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the court and deliver and pay over all the property, effects, and monies remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto; and 4. To perform all orders of the court and such other duties as may be required by law. What are the duties of a guardian under section 17? A guardian shall have the care and custody of the person of his ward and the management of his property, or only the management of his property. The guardian of the property of a non-resident minor shall have the management of all his property within the Philippines. A guardian shall perform the following duties: (7). 1. To pay the just debts of the ward out of the personal property and the income of the real property of the ward, if the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order for its sale or encumbrance; 2. To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor on receiving a fair and just dividend of the property and effects; and to appear for and represent the ward in all actions and special proceedings, unless another person is appointed for that purpose;

3. To manage the property of the ward fugally and without waste, and apply the income and profits thereon, insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized by the court to do so; 4. To consent to a partition of real or personal property owned by the ward jointly or in common with others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful investigation as to the necessity and propriety of the proposed action; 5. To submit to the court a verified inventory of the property of his ward within three months after his appointment, and annually thereafter, the rendition of which may be required upon the application of an interested person; 6. To report to the court any property of the ward not included in the inventory which is discovered, or succeeded to, or acquired by the ward within three months after such discovery, succession, or acquisition; and 7. To render to the court for its approval an accounting of the property one year from his appointment, and every year thereafter or as often as may be required. Enumerate the grounds for removal or resignation of guardian under section 24. (5). 1. 2. 3. 4. 5. When a guardian becomes insane or otherwise incapable of discharging his trust; found to be unsuitable; has wasted or mismanaged the property of the ward; has failed to render an account or make a return for thirty days after it is due; the court may allow the guardian to resign for justifiable causes.

Give the grounds for termination of guardianship under section 25. (2). 1. The ward has come of age; 2. The ward died. Rule 98 When is a trustee necessary? A trustee is necessary: (2). 1. to carry into effect a will where the testator omitted appointing a trustee in the Philippines; 2. to carry into effect other written instruments where the trustee declines, resigns, dies or is removed before the accomplishment of trust. Can a trustee acquire property by prescription? No. The general rule is that an action to compel a trustee to convey property registered in his name in trust for the benefit of the cestui que trust does not prescribe. The trustees possession is not adverse and therefore cannot ripen into a title by prescription. However, prescription may arise where there is adverse possession of the property. To constitute adverse possession, the following requisites must concur: (3).

(1) that the trustee has performed unequivocal acts of repudiation amounting to the ouster of the cestui que trust; (2) that such positive acts of repudiation have been known to the cestui que trust; and (3) that the evidence thereon should be clear and conclusive. (Ceniza versus CA, 181 SCRA 552). Adoption Compare domestic adoption from inter-country adoption. (5). 1. In domestic adoption, jurisdiction is under the Family Court where the adopter resides while in the inter-country adoption, it is the Family Court having jurisdiction over the place where the child resides or may be found. It may be filed directly with the Inter-Country Adoption Board; 2. In domestic adoption, application is made only by filing a petition with the Family Court in the Phiippines while in the latter, application may be through the agency located in the foreign country; 3. In domestic adoption, as a rule, trial custody shall be made in the Philippines for six (6) months while in the latter, trial custody shall be mandatory in the country of the adopter; 4. In domestic adoption, publication of the petition is necessary while in the latter, there is no requirement for publication; 5. In domestic adoption, petition is allowed to be accompanied with prayers for change of name, rectification of simulated birth or declaration that the child is a foundling, abandoned dependent or neglected child while in the latter, there is none. Distinctions between R.A. 8552 and R.A. 8043. Adoption laws Republic Act No. 8552. or the Domestic Adoption Act of 1998 Republic Act No. 8043. or the Inter-Country Adoption Act 1995 Short title Domestic Adoption Act of 1998. Inter-Country Adoption Act of 1995 What kind? Domestic Adoption Act. Judicial Adoption. Inter-Country Adoption Act. Extrajudicial Adoption. Promulgation Domestic Adoption Act. February 25, 1998. Inter-Country Adoption Act. June 7, 1995. What it governs.

Domestic Adoption Act. R.A. 8552 amended Articles 183 up to 193 of the Family Code of the Philippines and is the governing for Filipino citizens adopting other Filipinos (whether relatives or strangers) with some exceptions. Rescission of adoption is no longer allowed under R.A. 8552. Inter-Country Adoption Act. R.A. 8043 on the other hand, governs the adoption of Filipinos by foreigners, and is implemented by the Inter-Country Adoption Board. Definition of Child. Domestic Adoption Act. Child is a person below eighteen (18) years of age. Inter-Country Adoption Act. Child means a person below fifteen (15) years of age unless sooner emancipated by law. Who may adopt. The following may adopt: Domestic Adoption Act. 1. Any Filipino Citizen; 2. Any alien possessing the same qualifications as above stated for Filipino nationals; 3. The guardian with respect to the ward. Inter-Country Adoption Act. 1. An alien or a Filipino citizen permanently residing abroad may file an application for intercountry adoption of a Filipino child. Qualifications. Domestic Adoption Act. Filipino Citizen. 1. legal age, in possession of full civil capacity and legal rights; 2. of good moral character, has not been convicted of any crime involving moral turpitude; 3. emotionally and psychologically capable of caring for children; 4. at least sixteen (16) years older than the adoptee (waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptees parent). Alien. 1. Same as the qualifications of the Filipino citizen; 2. his her country has diplomatic relations with the Republic of the Philippines;

3. that he she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered; 4. He she has been certified by his her diplomatic or consular office or any appropriate government agency that he she has the legal capacity to adopt in his her country; and 5. His her government allows the adoptee to enter his her country as his her adopted son daughter. Residency and certification of the aliens qualification to adopt in his her country may be waived for the following: 1. a former Filipino citizen who seeks to adopt a relative within the fourth (4 th degree of consanguinity or affinity; or 2. one who seeks to adopt the legitimate son daughter of his her Filipino spouse; or 3. if one spouse seeks to adopt his her own illegitimate son daughter: provided, however, that the other spouse has signified his her consent thereto; or 4. if the spouses are legally separated from each other. In case husband and wife jointly adopt, or one spouse adopts the illegitimate son daughter of the other, joint parental authority shall be exercised by the spouses. Guardian Only after the termination of the guardianship and clearance of his her financial accountabilities (Section 7). Inter-Country Adoption Act. Qualifications under (R.A. No. 8043). 1. is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent; 2. if married, his her spouse must jointly file for the adoption; 3. has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counselling from an accredited counsellor in his her country; 4. has not been convicted of crime involving moral turpitude; 5. is eligible to adopt under his her national law; 6. is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted; 7. agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention of the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act; 8. comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his her national laws; and 9. possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws. (Section 9). Who may be adopted. The following may be adopted:

Domestic Adoption Act. 1. any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption; 2. the legitimate son daughter of one spouse by the other spouse; 3. an illegitimate son daughter by a qualified adopter to improve his her status to that of legitimacy; 4. a person or legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his her own child since minority; 5. a child whose adoption has previously rescinded; or 6. a child whose biological or adoptive parent(s) has died: Provided that no proceedings shall be initiated within six (6) months from the time of death of said parent(s). (Section 8). Inter-Country Adoption Act. 1. Only a legally free child may be the subject of inter-country adoption. (Section 8). Where to file application. Domestic Adoption Act. 1. Family Court of the place where the adopter resides. Inter-Country Adoption Act. 1. RTC having jurisdiction over the child, or with the Inter-Country Adoption Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents. (Section 10). What petition for adoption may include. Domestic Adoption Act. 1. May include prayer for change of name, rectification of simulated birth or declaration that the child is a foundling, abandoned, dependent, or neglected child. Inter-Country Adoption Act. 1. Only petition for adoption. Is there a need to include income tax returns, police clearance, character reference, family picture, birth certificate of adopter? Domestic Adoption Act. 1. Not required Inter-Country Adoption Act. 1. required to be annexed to the petition. What law will apply when a foreigner who is married to a Filipino citizen seeks to adopt jointly with his her spouse a relative within the fourth degree of consanguinity or affinity of the Filipino spouse

Domestic Adoption Act. 1. R.A. 8552 will apply. Inter-Country Adoption Act. 1. R.A. 8043 does not apply. Supervised Trial Custody. Domestic Adoption Act. 1. Supervised trial custody period in the Philippines for at least six (6) months (Court may reduce period or exempt parties from trial custody). (Section 12). Inter-Country Adoption Act. 1. Suprevised trial custody period in the Philippines for at least six (6) months. (Section 14). Penalty for any government official, employee or functionary who shall be found guilty of violating any of the provisions of this adoption laws. Domestic Adoption Act. 1. Shall automatically suffer suspension until the resolution of the case. Inter-Country Adoption Act. 1. Same (Section 17). The Supreme Court has issued guidelines in petitions for adoptions under R.A. 8552 and R.A. 8043. Basically, a petition for domestic adoption under R.A. 8552 will go through these steps: (7). 1. A lawyer prepares the petition for the person or persons wanting to adopt. The petition includes documents like birth certificates, marriage certificate, proof of financial capacity (like ITR, bank deposit, etc.), clearances (barangay, police, NBI, fiscal, court), and others as proof of good moral character, good health, etc. 2. Upon payment of the filing or docket fee, the petition is raffled to a Family Court (of the city nearest the place where the petitioner resides). If the petition is sufficient in form and substance, the court issues an order, usually within a month after the filing of the petition, setting the case for initial hearing and ordering the court social worker to conduct a case study and home visit. 3. The court order is published in a newspaper of general circulation once a week for three weeks. The newspaper is chosen by raffle conducted by the Office of the Clerk of Court, in compliance with a Supreme Court circular. 4. Before the initial hearing, the social worker conducts a case study and home visit. The social worker submits his investigation report and recommendations to the court before the initial hearing.

5. On the date of the initial hearing, the petitioner and the prospective adoptee must be present. The lawyer presents what are known as the jurisdictional facts (petition, proof of publication in newspaper, notice to the Office of the Solicitor General, etc). 6. If there is no opposition to the petition for adoption by any party, then the lawyer asks the court permission for an exparte presentation of evidence, done before only the court stenographer and the court appointed commissioner (the branch clerk of court). The court however can require presentation of evidence in open court. 7. If the court decision is favourable and there is no appeal by any party, then the court issues a Certificate of Finality. The lawyer then coordinates with the Local Civil Registrar (of the town or city where the court is located, and the adoptees birthplace) and the National Statistics Office for the issuance of a new birth certificate bearing the petitioners surname.

Jurisdiction and Venue. 1. Settlement of estate of deceased persons. a. RTC Gross value of the estate exceeds three hundred thousand pesos outside metro manila, exceeds four hundred thousand pesos in metro manila. b. MTC Gross value of the estate does not exceed three hundred thousand pesos outside metro manila, does not exceed four hundred thousand pesos metro manila. if resident place where deceased resided at the time of death. if non-resident place where deceased had estate. 2. Escheat . a. Ordinary Escheat proceedings: RTC. if resident placed where deceased last resided. If non-resident place where he had estate. b. Reversion of land to State for violation of Constitution Laws: RTC where land lies in whole or in part. c. Unclaimed deposits (for ten years): RTC of province where bank is located. All banks located in one province where court is located may be made parties defendant in one action. 3. Guardianship and custody of children: Family Court. if resident place where minor incompetent resides. If non-resident place where minor incompetent has property. 4. Trustees. a. RTC gross value of the estate exceeds P 300,000 P 400,000.

b. MTC gross value of the estate exceeds P 300,000 P 400,000. if will allowed in the Philippines , court where will was allowed. If will allowed outside the Philippines, curt in place where property is situated. 5. Adoption : Regional Trial Court. If domestic adoption , place where adopter resides. If inter-country adoption, court who has jurisdiction over the adoptee. 6. Rescission and revocation of adoption : Regional Trial Court. 7. Hospitalization of insane patent: RTC in place where person alleged to be insane is found. Periods and Schedules. Rule 74. Extrajudicial Settlement (Section 1) The fact of extrajudicial settlement shall be published in a newspaper of general circulation once a week for three consecutive weeks in the province. Summary settlement of estates of small value. Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed ten thousand pesos, and that fact is made to appear to the Regional Trial Court having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall be held not less than (1) month nor more than three (3) months from the date of the last publication of a notice which a newspaper of general circulation in the province, and after such other notice to interested persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, to settle the estate. When does the presumption that the decedent left no debts arise? If no creditor files a petition for letters of administration within two (2) years after the death of the decedent. Rule 75. What is the duty of a custodian of a will upon knowledge of the death of the testator? Rule 75, Section 2 provides that the person who has custody of a will shall, within twenty (20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will. What is the duty of the executor upon knowledge of the death of the testator? The executor must present the will to the court and must accept or refuse the trust.

Rule 75. Section 3 expressly states that a person named as executor in a will shall, within twenty (20) days after he knows of the death of the testator, or within twenty (20) days after he knows that he is named executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has reached the court in any other manner, and shall within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it. Rule 85. When shall an executor or administration render an account? Every executor or administrator shall render an account of his administration within one (1) year from the time of receiving letters testamentary or of administration, unless the court otherwise directs because of extensions of time for presenting claims against, or paying the debts of, the estate, or for disposing of the estate; and he shall render such further accounts as the court may require until the estate is wholly settled. Rule 86. What is the period within which the claim must be filed? The range of the period specified in Section 2 is intended to give the court the discretion to fix the period for the filing of claims. The probate court is permitted by the rule to set the period as long as it is within the limitation provided. It should not be less than six (6) months nor more than twelve (12) months from the day of the first publication of notice thereof. Such period when fixed by the probate court becomes mandatory. Rule 91. What is the consequence if the claim on the escheated property is made after the lapse of the five (5) year period? The right to claim the property is lost and the escheat judgment can no longer be nullified. Can a trial court convert an escheat proceeding into an ordinary special proceeding? No, this is not allowed by the rules. The two actions are entirely different from each other and the requirements in vesting jurisdiction are likewise different. In special proceedings, publication is one a week for three (3) consecutive weeks while in escheat, once a week for six (6) weeks. Cases. Rule 72. Luisa Montaner versus Shara District Court. The trial court cannot make a declaration of heirship in an ordinary civil action. Rule 74. Benatiro versus Heirs of Evaristo Cuyos.

Whether or not the order of the trial court approving he commissioners report (on compromise agreement without notice) is valid. No. The assailed order, which approved a void Commissioners Report, is void for lack of due process. The procedure outlined Section 1 of Rule 74 is an ex parte proceeding. The rule plainly states, however, that persons who do not participate or had no notice of an extrajudicial settlement will not be bound thereby. It contemplates a notice that has bent sent out or issued before any deed of settlement and or partition is agreed upon (i.e., a notice calling all interested parties to participate in the said deed of extrajudicial settlement and partition), and not after such an agreement has already been executed as what happened in the instant case with the publication of the first deed of extrajudicial settlement among heirs. Socorro versus CA. Whether or not respondent appellate court committed an error of law and gravely abused its discretion in upholding the trial courts finding that a judicial partition is proper. When a person dies without leaving pending obligations, his heirs, are not required to submit the property for judicial administration, nor apply for the appointment of an administrator by the court. In cases where the heirs disagree as to the partition of the estate and no extrajudicial settlement is possible, then an ordinary action for partition may be resorted to as, in this case. Rule 75. Pacioles, Jr. versus Chuatoco-Ching. Issue: May a trial court, acting as an intestate court, hear and pass upon questions of ownership involving properties claimed to be part of the decedents estate? Relates only to settlement of estate and probate of will since It is a court of special and limited jurisdiction. A well recognized deviation to the rule is the principle that an intestate or a probate court may hear and pass upon questions of ownership when its purpose is to determine whether or not a property should be included in the inventory. In such a situation, the adjudication is merely incidental and provisional. Rule 76. Alaban versus CA. Whether or not petitioners have become parties to the probate proceedings by virtue of a notice by publication. It has been held that a proceeding for the probate of a will is one in rem, such that with the corresponding publication of the petition the courts jurisdiction extends to all persons interested in said will or in the settlement of the estate of the decedent. Rule 80.

Co versus Rosario. Settled is the rule that the selection or removal of special administrators is not governed by the rules regarding the selection or removal of regular administrators. Courts may appoint or remove special administrators based on grounds other than those enurmerated in the Rules, at their discretion. Tan versus Gedorio Jr. Issue: Whether or not the court erred in denying petitioners plea to be given primacy in the administration of their fathers heir. No. The order of preference in the appointment of a regular administrator provision does not apply to the selection of a special administrator. Heirs of Jose Sy Bang versus Rolando Sy, et al. Issues: 1. Whether or not the trial court, acting as a Guardianship Court, had authority to enforce payment of widows allowance. 2. Whether or not the payment of widows allowance should not be implemented as the estate of Sy Bangthe source from which payment is to be takenhas not been determined with finality. Yes. By virtue of Rule 83 Section 3 of the Rules of Court and Article 188 of the Civil Code. Yes, since properties though not yet been finalized it has been identified and by strict provision of law the widow should be given allowance under rule 83 Section 3 of the Rules of Court and Article 188 of the Civil Code. Rule 86. Union Bank versus Santibanez Ariola. Issue: Whether the petitioner can hold the heirs liable on the obligation of the deceased after probate of will. In our jurisdiction, the rule is that there can be no valid partition among the heirs until after the will has been probated. PNB versus CA. Issue: Whether or not petitioner bank can still file a claim for deficiency despite having chosen the remedy of foreclosure of mortgage. No. A creditor who elects to foreclose by extrajudicial sale waives all right to recover against the estate of the deceased debtor for any deficiency remaining unpaid after the sale it will be readily seen that the decision in this case will impose a burden upon the estates of

deceased persons who have mortgaged real property for the security of debts, without any compensatory advantage. Rule 87. Teodora A. Rioferio, et al. versus CA. Issue: Whether the heirs have legal standing to prosecute the rights belonging to the deceased subsequent to the commencement of the administration proceedings. All told, therefore, the rule that the heirs have no legal standing to sue for the recovery of property of the estate during the pendency of administration proceedings has three exceptions, the third being when there is no appointed administrator such as in this case. Rule 89. Pahamotang versus PNB and the Heirs of Arguna. Whether or not Agustins petitions were null and void for lack of compliance with the mandatory requirements of Rule 89 of the Rules of Court, particularly Sections 2, 4, and 7. Settled is the rule in this jurisdiction that when an order authorizing the sale or encumbrance of real property was issued by the testate or intestate court without previous notice to the heirs, devisees and legatees as required by the Rules, it is not only the contract itself which is null and void but also the order of the court authorizing the same. Rule 90. Ricardo Silverio, Jr. versus CA. Issue: Whether or not the authority granted by the administrator allowing the respondent to remain in possession of the estate property while its obligations remain unpaid is valid or not. Ruling: The alleged authority given by Silverio Senior for the respondent to occupy the property is null and void since the possession of estate property can only be given to a purported heir by virtue of an Order from the Supreme Court. Rule 90, Section 1 is explicit when it states that No distribution shall be allowed until the payment of the obligations above mentioned has been made or provided for, unless the distributees, or any of them, give a bond, in sum to be fixed by the by the court, conditioned for the payment of said obligations within such time as the court directs. In fact, the Executor or Administrator shall have the right to the possession and management of the real as well as the personal estate of the deceased only when it is necessary for the payment of the debts and expenses of administrations. Section 3, Rule 84, Rules of Courts. With this in mind, it is without an iota of doubt that the possession by the respondent of the property in question has absolutely no legal basis considering that her occupancy cannot pay the debts and expenses of administration.