Ondong, Michelle Florence T.

SpecPro – C

1. The three modes of extrajudicial settlement are:

 Extrajudicial settlement by agreement between the heirs
 Self-adjudication by means of an affidavit by the sole heir
 Summary settlement of estates of small value

The following requisites are to be met before the heirs may avail of extrajudicial
settlement by agreement:
 That the decedent dies intestate
 That there are no outstanding debts at the time of settlement
 That the heirs are all of legal age or minors represented by judicial guardians or
legal representatives
 That the settlement is made in a public instrument or means of an affidavit, in
case of a sole heir, duly filed with the Register of Deeds
 That there is a publication of the extrajudicial settlement in a newspaper of
general circulation in the province once a week for three consecutive weeks
 That there is a filing of a bond equivalent to the value of personal property
posted with the Register of Deeds

The following are the requirements to be met for a sole heir to be able to adjudicate the
estate to himself by means of an affidavit;
 That the decedent dies intestate
 That there are no outstanding debts at the time of settlement
 That the decedent left only one heir
 That the settlement is made in an affidavit, in case of a sole heir, duly filed with
the Register of Deeds
 That there is a publication in a newspaper of general circulation in the province
once a week for three consecutive weeks
 That there is a filing of a bond equivalent to the value of personal property
posted with the Register of Deeds

The following requisites must be present before the heirs make may use of Section 2
Rule 74 of the Rules of Court for summary settlement of estates of small value:
 The complaint must allege that the gross value of the estate of the deceased
does not exceed P10,000
 A bond has been duly filed in an amount fixed by the court
 A proper hearing is held not less than one month nor more than three months
from the date of last publication of the notice
2. The proceeding for judicial settlement of X’s estate may not dismissed by the court in
case filed by the heirs.

Section 1 of Rule 74 of the Rules of Court provides that 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.

Settled is the rule that the provision contained in Section 1 of Rule 74 of the Rules of
Court for extrajudicial settlement is neither mandatory nor compulsory. In fact, the heirs
are given wide latitude to pursue either extrajudicial or judicial settlement of a deceased
estate provided only that their respective requisites are met. Although the Rules of
Court provides for a cost-efficient of settling an estate, this, however, does not preclude
the heirs from resorting to a judicial settlement if they do not desire to resort for good
reasons to an ordinary action of partition.

3. The act of the heirs in distributing the estate by extrajudicial settlement, when the
decedent Y left a will, may not be considered proper.

Well-settled is that the probate of a will is mandatory. Probate of a will refers to the
judicial act of adjudging the will valid and ordering it to be recorded. The law enjoins the
probate of the will and public policy requires it. Unless a will is probated and notice
given to the whole world, the right of a person to dispose of his property by will may be
then rendered nugatory. The presentation and probate of a will are requirements of
public policy, being primarily designed to protect the testator’s expressed wished, which
are entitled to respect as a consequence of the decedent’s ownership and right of
disposition within legal limits. Consequently, a decedent’s heirs are precluded from
disregarding the provisions of the will and partition the estate as they please. The heirs
may validly partition the estate only after the will has been probated.

Section 1 Rule 75 of the Rules of Court provides that no will shall pass either real or
personal property unless it is proved and allowed in the proper court. Y’s heirs, or any
one having custody of the will, must present the same to the court for probate.
 4. The persons involved in the case of In Re Delgado are:

The intestate estate of Guillermo Rustia inherit half of the intestate estate of Josefa Delgado. The
remaining half pertain to (a) the full and half-siblings of Josefa Delgado who survived her and (b) the
children of any of Josefa Delgado’s full- or half-siblings who may have predeceased her, also surviving
at the time of her death. Josefa Delgado’s grandnephews and grandnieces are excluded from her
estate.

Guillermo Rustia’s estate (including its one-half share of Josefa Delgado’s estate) shall be inherited by
Marciana Rustia Vda. de Damian and Hortencia Rustia Cruz (whose respective shares shall be per
capita ) and the children of the late Roman Rustia, Sr. (who survived Guillermo Rustia and whose
respective shares shall be per stirpes ). Considering that Marciana Rustia Vda. de Damian and
Hortencia Rustia Cruz are now deceased, their respective shares shall pertain to their estates