Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1. As to nature
2. As to binding effect
3. As to cause of action
What are the special proceedings mentioned in the rules of court S1R72
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?
I will not give due course anent to such notice of appeal, because
under the Family code Art. 247 judgement of the court in a
petition for declaration of presumptive death is immediately final
and executory. Hence such a judgment may not be appealed.
Republic v. Bermudez-Lorino G.R. 160258 19 January 2005
Sal Mineo died intestate, leaving a P 1 billion estate. He was
survived by his wife Dayanara and their five children.
Dayanara filed a petition for the issuance of letters of
administration. Charlene, one of the children, filed an
opposition to the petition, alleging that there was neither an
allegation nor genuine effort to settle the estate amicably
before the filing of the petition. Rule on the opposition.
Ans.
SC held that Art. 151 of the FC, which requires (as
condition precedent) that in suits involving the members
of the same family, there must be a verified allegation of
earnest efforts at compromise, applies only to suits or
ordinary civil actions but not to a special proceeding, like
a petition for settlement of estate, which is simply for the
establishment of a status, a right, or a particular fact.
Manalo v. CA, 16 January 2001)
What provisions govern special proceedings?
Upon Pedrillos demise, his will was duly probated in Los Angeles and the
specified sum in the will was in fact used to purchase an annuity with XYZ of
Hong Kong so that Winston would receive the equivalent of US$1,000 per
month for the next 15 years.
Wanting to receive the principal amount of the annuity, Winston files for the
probate of Pedrillos will in the Makati RTC. As prayed for, the court names
Winston as administrator of the estate.
Winston now files in the Makati RTC a motion to compel XYZ to account for
all sums in its possession forming part of Pedrillos estate. Rule on the motion.
The motion should be denied, writs and processes of a
probate court cannot extend outside our jurisdiction. At
the onset the petition should be dismissed , in a petition for
probate of a will where the testator is a non-resident, the
jurisdictional facts should state that he has properties
located in the Philippines. (Cuenco v. CA L-24742 10-26-
1973)
RULE 74
Applicable even if there are debts (can be instituted by any interested party, even a creditor of
the estate, even without the consent of all the heirs.)
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.)
The court will act summarily without need of appointing an executor or administrator, granting
the allowance of the will, determination of heirs , payments of debts and division and
distribution of estate.
Extrajudicial settlement of estates
No will / No debts
No Debts outstanding
Rosie and the three children contended that (1) the publication
of the deed constituted constructive notice to the whole world,
and should therefore bind Suzy; and (2) Suzy's action had already
prescribed. Are Rosie and the three children correct? Explain.
(4%)
The publication of the settlement does not constitute
constructive notice to the heirs who had no knowledge or did
not take part in it because the same was notice after the fact of
execution. The requirement of publication is geared for the
protection of creditors and was never intended to deprive
heirs of their lawful participation in the decedent's estate.
In this connection, the records of the present case confirm that
respondents never signed either of the settlement documents,
having discovered their existence only shortly before the filing
of the present complaint. Following Rule 74, these extrajudicial
settlements do not bind respondents, and the partition made
without their knowledge and consent is invalid insofar as they
are concerned. G.R. No. 161220 July 30, 2008
Remedies of an heir in a summary settlement of estate
who has been duly deprived of his lawful participation?
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%
Can the widow and her children initiate a separate petition for partition of the estate pending the
probate of the last will and testament by the proper court? 2%
May MANDAMUS LIE TO COMPEL THE PRODUCTION OF
THE ORIGINAL WILL?
2. Where is the venue? For the filing of the said petition? Explain
briefly
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?
1. Court shall fix a time and place for proving the will .
2. Shall cause notice of such time and place to be published 3
weeks successively. (previous to the time appointed)
3. Publication in a newspaper of general circulation in the
province. S3 R76
The court shall also cause copies of the notice of the time and
place fixed for proving the will via mail deposited in the post
office with the postage thereon prepaid at least (20) days prior the
date of hearing , if such residence of the said parties are known in
the Philippines , including executor/ co executor if not the
petitioner thereof.
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.
Is 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 province.
REQUIRED PROOF FOR THE ALLOWANCE OF A WILL
1. Subscribing witness only is sufficient to allow the will, testifying that the
will was executed as is required by law. (S5 R76)
2. If the witness does not reside in the province - the court may authorize
the taking of his deposition...
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)
1. Three witnesses is required to attest the authenticity of the signature and handwriting of
the testator, in its absence, expert testimony may be resorted to. (S11 R76)
The oppositor was against the allowance of the
holographic will on the ground of undue influence, no
intention to make a will. The proponent presented one
witness who testified that he knew the hand writing and
signature of the testrarix. Is this sufficient evidence for the
allowance of the will?
Notarial will:
Secondary evidence:
When the acts referred to are executed before the diplomatic or consular officials of
the Republic of the Philippines in a foreign country, the solemnities established by
Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for
their object public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in any of
the forms established by the law of the country in which he may be. Such will may be
probated in the Philippines. (n)
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)
Art. 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and
which might be proved and allowed by the law of his own country, shall have the same
effect as if executed according to the laws of the Philippines. (n)
Article 16. Real property as well as personal property is subject
to the law of the country where it is situated.
condominium units in Makati City. Johnnys entire estate which he inherited from his
parents is valued at P200 million. Johnny appointed Anastacia as executrix of his will.
(4%)
(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?
If you were the judge, what will be your resolution to the motion?
Section 6 order of preference of administrator
May the oppositor at the same time file a petition for letters
of administration with the will annexed?
Who my file a petition for letters of administration and what are
the contents?
1. Jurisdictional facts
2. Names, age and residences of the heirs and creditors
3. Probable value of the estate and the character of the properties
4. The name of person for whom letters of administration are
prayed for
X died leaving an holographic will stating therein W as the
executor of the will, Y is the compulsory heir H who is one of
the devisee in the will of X being probated, Y knowing W as a
drunkard and has been convicted of a crime involving moral
turpitude.
Domenico and Gen lived without benefit of marriage for twenty years,
during which time they purchased properties together. After
Domenico died without a will, Gen filed a petition for letters of
administration. Domenico's siblings opposed the same on the ground
that Gen has no legal personality. Decide. (4%)
No, Relucio v. San Jose 81 Phil. 365 the administrator appointee should be the
administrator pending appeal.
What are the duties and powers of a special administrator, and his limitations?
1. Take charge and take possession of the estate, preserve the same for the
executor or administrator upon appointment, he can commence and
maintain suits for this purpose.
2. He may sell perishable and other property as the court order sold, He is
not liable to pay any debts of the deceased unless so ordered by the court.
(S2 R80)
When do the powers of the special administrator cease?
No, (Reyes v Mosqueda, 187 SCRA 661) the probate court has
no jurisdiction for the final determination of ownership or title
of the pieces of properties of the estate, it is only a preliminary
and provisional in nature to include or exclude it to the
inventory of the properties of the estate.
Does the executor or the administrator needs prior leave of
court in exercising acts of administration?
No, liability of the surety under the bond is continuing as long as the
executor / administrator is engaged in such duties.
On what grounds?
Yes, for the widow and minor children, not excluding legal age children for their education.
Grandchildren excluded. (S3 Rule 83)
Is the three months period given for the executor or administrator to make a
return and submit a true inventory and appraisal of all the real and personal
estate of the deceased which has come to his knowledge and possession
MANDATORY?
Cannot lease the property included in the estate more than 1 year.
Special administrator all with prior leave of court, when dealing with the estate.
General Powers:
If he settled any claims against the estate less than what is demanded, actual payment must be charge to
the estate only.
No fault - debts uncollected due to the estate not chargeable to the admin or exec
Necessary expenses allowed to be charge to the estate (preservation and productivity of the estate)
Upon the discretion of the court the admin/exec can be given additional compensation based on its
performance of increasing the value of the estate.
If the admin/exec is a lawyer, he cannot charge legal fees for legal services rendered.
A Counsel for H, filed a petition for the allowance of the will and
letters testamentary with the will annexed of the testator D, and
assailed H rights as sole heir against oppositions of other claimants
up to the SC, the RTC, CA and SC sustains the decision declaring H
as sole heir, in the RTC, Counsel A filed a motion imposing a charging
lien on any award of the court for his services as counsel of H,
likewise, during the probate A was appointed administrator of the
estate. Now H contested that A cannot charge his legal services,
wherein he is the administrator of the estate appointed by the court,
under rule 85 Section 7. Is H correct in his contention?
1. Money claims
Claim for civil liability survives notwithstanding the death of [the] accused, if the
same may also be predicated on a source of obligation other than delict.
Section 4.Effect of death on civil actions. The death of the accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under
section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be
continued against the estate or legal representative of the accused after proper substitution or against said estate, as the
case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an
executor or administrator and the court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of
thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended
party may file against the estate of the deceased.
Take note: Aguas v. Llemios, 5 SCRA 959
Section 2. Time within which claims shall be filed. In the notice provided
in the preceding section, the court shall estate the time for the filing of
claims against the estate, which shall not be more than twelve (12) not less
than six (6) months after the date of the first publication of the notice.
However, at any time before an order of distribution is entered, on
application of a creditor who has failed to file his claim within the previously
limited, the court may, for cause shown and on such terms as are equitable,
allow such claim to be filed within a time not exceeding one (1) month.
1. Funeral expenses
Deficiency judgment
1. Waive the security mortgage and claim the entire debt from the
estate as an ordinary money claim against the estate.
festin
P died while riding in the bus operated by D. D subsequently died
and a petition for the settlement of his estate was filed in court.
After granting letters of administration, the probate court issued a
notice requiring all persons having money claims against the
decedent to file them in court within 6 months from the first
publication. The 6-month period expired. Later the heirs of P
brought a suit against the heirs of D for damages arising from death
of P.
2 considerations:
1) Is the Action proper? The heirs of P brought a suit against the heirs of D for damages arising from
the death of P is improper, It should have been filed as a money claim in the probate proceedings
pursuant to S5 R86. as claims against the estate, which is MANDATORY in nature, and thus subject to
statute of Non claims.
2) Is the action to file a claim against the estate barred by the statute of non-claims?
The question posed a seemingly error in wording, THE QUESTION WAS LIFTED IN TOTO, the word
within 6 months must be after six month from the first publication of notice, and after wards, the next
six months period expired. thus, the filing of a claim against the estate based on culpa contractual is barred
forever.
No, where the deceased was substituted by the administrator in the civil
action involving money claim, the estate is deemed have notice of such claim.
The substitution of the deceased in the civil action by the administrator is
generally considered as equivalent to the presentation of the claim with the
probate court. Under the circumstances, the filing of the contingent claim ad
abundantiorem cautelam (for greater caution) was a mere formality.
A filed a complaint against Y with the RTC of Cebu, for payment of a promissory note in the sum of
550K, for liquidated damages of 100K and attorneys fee of P50k after he filed his answer Y died, but
his lawyer did not file a motion to dismiss. In the meantime, Ys widow filed with the above court a
special proceeding for the settlement of the intestate testate of Y. The widow, Z was appointed
Administratrix of the estate. A filed in the civil case a motion to have Y substituted by the
administratrix; the latter did not object. The court granted the motion. Trial on the merits was had. In
due course, the court rendered a decision in favor of A. At the time it was rendered, the period to file
claims against the estate of Y had already lapsed. The administratrix, Z did not appeal from the
decision; and after it became final, A moved for the execution of the judgement. Z opposed the
motion contending that the decision is void because the claim does not survive. The case should have
been dismissed upon the death of Y since upon his death, the court lost jurisdiction over the case.
2. If the opposition is without merit, can the writ of execution be validly enforced?
1. The case should not be dismissed upon the death of Y. Under the rules of civil
procedure, upon the death of the defendant in a contractual money claim before entry of
judgment, the case shall not be dismissed but shall be allowed to continue until final
judgment. (S20 Rule 3)
2. The writ of execution cannot be validly enforced. Under rule 86 , a judgment for money
claim should be filed as a money claim with the probate court. The SC has held that
money claims cannot be enforced by a writ of execution but should be instead filed as a
money claim.
3. The remedy of A is to file the judgment for money, as a money claim with the probate
court. The substitution of the deceased in the civil action by the administrator or
decedents representative is generally considered as equivalent to the presentation of the
claim the with probate court. Hence the claim is not barred by the statute of non-
claims. (Ignacio v. Pambusco GR L-18936 1967
Periods of filing of money claims against the estate
After completion of the first publication of the notice to all persons having money
claims.
After six month from the date of the first publication has completed
But not exceeding 12 months from the completion of the first publication
You have 6 months window period to file your claims vs the estate
1st pub6months (No Applications) After six months there after (period of
filing)
after 12 months from first pub. Statute of non-claims sets in
Remedies vs statute of non-claims
1. Tardy claims:
The claimant will file a motion Motion to file tardy claim against the
estate
The motion if approved ( based on good cause & equity claimant has
30 days to file such claim.
Can non payment of docket fee a ground for the dismissal of the claim?
Can the court dismiss the claim if there was no certification against
forum shopping?
Abandon the security and file a money claim against the estate Under
rule 86
Rely solely on the mortgage and foreclose it within prescriptive period (10 years
from accrual of the right of action) vs. the exec. Or admn if the estate were
already distributed vs. the heirs.
X borrowed P2M from a bank secured by a real estate mortgage.
X defaulted in the payment of the loan and subsequently died. In
due course proceedings for the settlement of Xs estate were
commenced. The court issued notice to creditors to file claims
under rule 86 of the rules of courts.
2. The land serving as security became inundated due to change in the flow of the river.
3. The land if sold in public auction will not cover the amount of balance of the loan due to the bank.
Rule 87 Actions by and against executors and administrators
Executor/ Administrator
2. Personal properties
3. Real Properties.
Any deficiency shall be met by pro rata contribution from the devisees,
legatees or heirs who have entered into possession.
How to enforced the pro-rata contributions of devisees, legatees and or heirs who have entered into
possession of the said properties, prior to payments of debts of the estate?
Contingent claims became absolute must be filed within 2 years, which is the
time limited to creditors to present their claims, shall be paid accordingly. The
exec./amin/ may retain part of the estate expecting contingency claims to
become absolute. If after two years, it must be distributed to the distributes,
and there after can proceeds against them, if the contingent claims was
seasonably filed.
Rule 89 Sales, Mortgage and other encumbrances of
property of decedent
But will not be allowed by the court if contrary to the stipulations of the will.
Rule 90 Distribution and partition of the estate.
The community of property or conjugal partnership must be first
liquidated marriage is dissolved by death.
The order will assign the residue of the estate to the persons
entitled to the same, naming them and the proportion or parts
to which each is entitled. (S1 R90)
Mario died, in the probate court there was a dispute to the question
of citizenship of Maria when she obtained the divorce decree.
S2 R90
In a civil action for reconveyance, wherein the plaintiff contended
that he is the rightful heir and thus must take ownership and
possession of the said property.
The trial court decided that, the plaintiff is the heir of the decedent
and the possessor has no right holding the property.
No, The court has consistently ruled that the trial court cannot make a declaration
of heirship in the civil action for the reason that such a declaration can only be
made in a special proceeding. ( Gabagtan v CA 13 march 2009
Sec. 2. Questions as to advancement to be determined. -
Questions as to advancement made, or alleged to have been
made, by the deceased to any heir may be heard and determined
by the court having jurisdiction of the estate proceedings; and the
final order of the court thereon shall be binding on the person
raising the questions and on the heir.
Project partition:
The court will decide and thus order the distribution based on the
decided project partition.
Exceptions:
Examination costs
Partition expenses
Heir duly notified but not given his share, move for reconsideration or appeal within
30 days from notice, otherwise order becomes final.
Address stated in the petition but no notice received, - heir file an action of
annulment of judgment ( court did not acquire jurisdiction of the person of the
party).
Address unknown no notice given file a motion for delivery of his share OR
motion to re-open the proceedings if No order of closure was issued. If the
closure became final action of reconveyance against the distributes.
Groupings for reporting:
91 Escheats
Rule 103 change of name members Rule 108 Cancellation correction of entries in CR
members