Beruflich Dokumente
Kultur Dokumente
2. As to binding effect
3. As to cause of action
What are the special proceedings mentioned in the rules
of court S1R72
1. Settlement of estate 2. Escheat
3. Guardianship and custody of minors 4.
Trustees
5. Adoption 6. Change of
name
7. Rescission & revocation of adoption 8. Habeas
corpus
9. Hospitalization of insane persons
10. Voluntary dissolution of corporation
11. Judicial approval of voluntary recognition of
minor
Comment on Section 1 of Rule 72
This provision of the Rules refers to civil actions and is not applicable to
special proceedings, such as a land registration case. This is so
because a party in a civil action must immediately enforce a judgment that
is secured as against the adverse party, and his failure to act to enforce the
same within a reasonable time as provided in the Rules makes the decision
unenforceable against the losing party. In special proceedings the purpose is
to establish a status, condition or fact; in land registration proceedings,
the ownership by a person of a parcel of land is sought to be established.
After the ownership has been proved and confirmedby judicial
declaration, no further proceeding to enforce said ownership is
necessary, except when the adverse or losing party had been in
possession of the land and the winning party desires to oust him
therefrom. (Ting v. Heirs of Lirio, G.R. No. 168913, 14 March 2007)
H and W, husband and wife W went to
Singapore as domestic helper and worked
for 10 years, all the while no news from H,
W met and fell in love with Z.
Comment
Q. 2. As the RTC who granted Ws petition,
will you give due course to the OSGs notice
of appeal? Why or why not?
Hearing on the petition not less than 1 mon. or more than 3 mons. (from
the date of the last publication of the notice and after such notice to
interested persons as the court may direct.)
No will / No debts
No Debts outstanding
UNLESS
The deprived heir agrees to be paid the value
of his participation with interest.
The bond and the lien on the real property will
remain charged with a liability to creditors, heirs
for a period of two years after such distribution.
Not withstanding transfer of real estate that
may have been made.
Explain briefly.
The last will and testament of the deceased was
presented in the proceeding to settle his estate and in
due course hearing was set for the probate of the will.
Before evidence thereon could be presented, the legal
heirs of the deceased, his widow and two surviving
daughters, filed a manifestation that the probate of the
will would no longer be necessary since they had
already agreed to divide the net estate differently in
accordance with a project of partition attached to their
manifestation. Consequently, they moved that the
project of partition be approved and forthwith
implemented without probate of the decedents will.
Should the court grant the heirs motion and accordingly
approve their project of partition without probate of the
will?
In Guevarra v Guevarra 74 Phil. 749
Official Recognition
Registration
Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper court
a petition for probate of the latter's last will and testament? 2%
Supposing the original copy of the last will and testament was lost, can Cancio
compel Susan to produce a copy in her possession to be submitted to the probate
court? 2%
Can the probate court appoint the widow as executor of the will? 2%
Can the widow and her children settle extrajudicially among themselves the estate
of the deceased? 2%
May MANDAMUS LIE TO COMPEL THE
PRODUCTION OF THE ORIGINAL WILL?
1.Jurisdictional Facts
2.Names, ages and residence of the heirs,
legatees and devisees of the testator or
decedent.
3.Probable value and character of the property
of the estate.
4.The name of the testator
5.Name of the will custodian, if the will is not
yet delivered to the probate court.
Will a defect in the petition render void the
allowance of the will?
Petitioners filed motion for the reopening of the probate proceedings, likewise, filed an
opposition to the allowance of the will as well as the issuance of letters testamentary
to the respondent, claiming that they are the intestate heirs of the decedent. They
further claimed that the probate court did not acquire jurisdiction over the petition due
to non-payment of the correct docket fees, defective publication, and lack of notice to
the other heirs.
Issue: Whether or not petitioners have become parties to the probate proceedings by
virtue of a notice by publication.
Held: Besides, assuming arguendo that petitioners are entitled to be so notified, the
purported infirmity is cured by the publication of the notice. After all, personal notice
upon the heirs is a matter of procedural convenience and not a jurisdictional requisite.
mere publication of the notice enough to confer jurisdiction on the court?
It is clear from the aforecited rule that notice of the time and
place of the hearing for the allowance of a will shall be forwarded
to the designated or other known heirs, legatees, and devisees
residing in the Philippines at their places of residence, if such
places of residence be known. There is no question that the
residences of herein petitioners legatees and devisees were
known to the probate court. The petition for the allowance of the
will itself indicated the names and addresses of the legatees and
devisees of the testator. But despite such knowledge, the
probate court did not cause copies of the notice to be sent to
petitioners. The requirement of the law for the allowance of the
will was not satisfied by mere publication of the notice of hearing
for three (3) weeks in a newspaper of general circulation in the
REQUIRED PROOF FOR THE ALLOWANCE OF A
WILL
1. All the subscribing witnesses and the notary public. (Not insane or
dead- if in case dead or insane, incapacity or absence must be prove
in court.)
2. Outside the province of the court but inside the Philippines take
deposition
3. If any or all of them testify against the due execution of the will or do
not remember attesting as such, the will may nevertheless be allowed
if satisfactory established as to the due execution of the will by other
witnesses attesting the compliance of the will as required by law. (S11
R76)
Notarial will:
Secondary evidence:
Art. 816. The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of the place
in which he resides, or according to the formalities observed in his
country, or in conformity with those which this Code prescribes. (n)
(A) Can Johnnys notarial will be probated before the proper court in
the Philippines?
1. Minor
3. In the opinion of the court unfit to execute the duties of the trust by
reason of drunkenness, improvidence, or want of understanding or
integrity or conviction of a crime involving moral turpitude.
Difference between an executor / co executor /
administrator?