11.

Frank Delfino, Filipino, 99 years old, married, and residing at Tagum City, of sound and disposing
mind, executed a last will and testament in English, a language spoken and written by him
proficiently. He disposed of his estate consisting of a parcel of land in Cebu and cash deposit at
Metrobank in the sum of P500 Million. He bequeathed P100 Million each to his 3 sons and P200
Million to his wife. He devised a piece of land worth P50 Million to Laurel, his favorite daughter-in-
law. He named his best friend, Sam Keating, as executor of the will without bond.

Is Sam Keating, after learning of Sergio's death, obliged to file with the proper court a petition of
probate of the latter's last will and testament? If yes, when? (5 points)

Yes, the executor, after learning of the death of the testator, must submit the will to the court for
probate.

Rule 75

Section 3. Executor to present will and accept or refuse trust. — A person named as executor in a will
shall, within twenty (20) days after he knows of the death of the testate, 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.

12. Supposing the original copy of the last will and testament was lost, can Sam compel Laurel to
produce a copy in her possession to be submitted to the probate court. If yes, how? (5 points)

Yes, Sam Keating as the executor can compel Laurel to produce a copy of the will in her possession by
praying before the court through a motion to compel production of the will, if it is shown that Laurel
received the will with knowledge or under the circumstances that she was receiving custody of the will.

Pursuant to Section 5 of Rule 75 of the Rules of Court, a person having custody of the will after the death
of the testator who neglects without reasonable cause to deliver the same, when ordered to do so by
the court having jurisdiction, may be committed to prison and there kept until she delivers the will.

13. In continuation to the facts of the foregoing question, can the widow and her children settle
extrajudicially among themselves the estate of the deceased? (5 points)

No, the widow and her children cannot settle extrajudicially the estate of the deceased because he left a
will.

In Special Proceedings, an extrajudicial settlement is done by the heirs when the following requisites are
present:

1. The decedent died intestate;

2. The estate has no outstanding debts at the time of the extrajudicial

settlement;

3. The heirs are all of age, or the minor heirs are represented by their

judicial guardians or legal representatives;

4. The extrajudicial settlement is made in a public instrument,

stipulation or affidavit duly filed with the Register of Deeds;

5. The fact of such extrajudicial settlement must be published in a

newspaper of general circulation once a week for three consecutive weeks; and

6. The parties to the extrajudicial settlement shall file a bond with the Register of Deeds in an amount
equivalent to the value of the personal property involved.

In this case, the first requisite is absent because the decedent left a will. Therefore, the widow and her
children cannot settle extrajudicially the estate of the deceased.

14. In continuation thereof, can the probate court appoint the widow as executor of the will,
assuming that she was already seeing another man three (3) days after the death of her husband? (5
points)

Yes, the probate court can appoint the widow as executor of the will.

Section 6 of rule 78 of the rules of court provides that if the executor named in the will is incompetent,
refuses the trust, or fails to give bond, administration shall be granted to the surviving spouse as the
case may be, if competent and willing to serve.

In the case at bar, the probate can appoint the widow as executor. Seeing another man 3 days after the
death of his husband does not show incompetency to execute the will of the testator.

15. Cite instances wherein ordinary civil actions are joined with special proceedings. (5 points)

16. What happens when the demurrer to evidence filed by the oppositors to the allowance of the will
was reversed on appeal? (5 points)
17. Oliver, claiming to be an illegitimate child of the deceased Caleb, instituted an intestate
proceeding to settle the estate of the latter. He also prayed that he be appointed administrator of said
estate. Michaela, the surviving spouse, opposed the petition and Oliver's application to be appointed
the administrator on the ground that he was not the child of her deceased husband. The court,
however, appointed Oliver as the administrator of said estate. Subsequently, Michaela, claiming to be
the sole heir of Caleb, executed an Affidavit of Adjudication; adjudicating unto herself the entire
estate of her deceased husband Caleb. Michaela then sold the entire estate to Rebecca.

Was the appointment of Oliver as administrator proper? (5 points)

No, the appointment of Oliver is improper.

Under Section 6, Rule 78 of the Revised Rules of Court:

Sec. 6. When and to whom letters of administration granted. — If no executor is named in the will, or
the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies
intestate, administration shall be granted:

(a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the
court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if
competent and willing to serve;

(b) If such husband or wife, as the case may be, or the next of kin, or the person selected by them, be
incompetent or unwilling, or if the husband or widow, or next of kin, neglects for thirty (30) days after
the death of the person to apply for administration or to request that administration be granted to some
other person, it may be granted to one or more of the principal creditors, if competent and willing to
serve;

(c) If there is no such creditor competent and willing to serve, it may be granted to such other person as
the court may select.

Evidently, the foregoing provision of the Rules prescribes the order of preference in the issuance of
letters of administration, categorically seeks out the surviving spouse, the next of kin and the creditors,
and requires that sequence to be observed in appointing an administrator. It would be a grave abuse of
discretion for the probate court to imperiously set aside and insouciantly ignore that directive without
any valid and sufficient reason therefor.

18. In continuance, was the action of Michaela in adjudicating the entire estate of her late husband to
herself legal? (5 points)
19. What happens when one cannot present an evidence of foreign law in reprobate proceedings? (5
points)

If the petitioner in the reprobate proceedings cannot present an evidence of foreign law, the Philippine
courts shall apply the doctrine of processual presumption. The said doctrine states that in the absence
of said foreign law, the Philippine court shall presumed that the law of the said foreign country will be
the same as those of the Philippines.

20. What should the court do if, in the course of intestate proceedings, a will is found and it is
submitted for probate? Explain. (5 points)

Thus, if in the course of intestate proceedings pending before a court of first instance it is found that the
decedent had left a last will, proceedings for the probate of the latter should replace the intestate
proceedings even if at that stage an administrator had already been appointed, the latter being required
to render final account and turn over the estate in his possession to the executor subsequently
appointed. This, however, is understood to be without prejudice that should the alleged last will be
rejected or is disapproved, the proceeding shall continue as an intestacy. This is a clear indication that
proceedings for the probate of a will enjoy priority over intestate proceedings.

Uriarte vs. CA

G.R. Nos. L-21938-39. May 29, 1970.

BONUS QUESTION: Who committed the most murders? (5 points)