1. Are the cases subject of special proceedings in the Rules of court exclusive? Why?

a. No, the cases subject of Speciall proceedings are not exclusive. Any petition
which seeks to establish a status, right, or particular fact may be included as
a special proceeding.
2. Give some of those.
a. Examples of these are: petition for issuance of writ of amparo, writ of habeas
data, writ of kalikasan. Arbitration, recognition and enforcement of arbitral
award, domestic adoption, and intercountry adoption
3. Distinguish estate from intestate proceedings.
a. Testate Proceeding is the proceeding for the settlement of estate of a
deceased who has left a will. In such proceeding, an executor is named in
the will to execute the provisions of said will.
b. Intestate proceeding is the proceeding for the settlement of estate of a
decease who has left no will. In such, an administrator is appointed by the
court to administer the estate.
4. How is estate proceedings commenced?
a. Testate proceeding is commenced by filing a petition for allowance of will or
probate of will.
5. How is intestate proceeding commenced?
a. Intestate proceeding is commenced by filing a petition for appointment of an
administrator
6. What are the different modes of settling estate of a deceased?
a. The different modes are extrajudicial settlement of estate, summary
settlement of estate of small value, probate of a will, partition, petition for
letters of administration
7. Who may institute intestate proceeding?
a. The heirs of the deceased or any interested party to the estate
8. What pleading will be filed?
a. A petition for appointment for administrator shall be filed.
9. What is special proceeding in general?
a. A special proceeding is a remedy by which a party seeks to establish a
status, a right, or a particular fact.
10. Will regular proceedings apply to special proceedings?
a. Yes, regular procedures shall be applicable to special proceedings, as far as
it is practicable
11. Distinguish special proceedings from ordinary civil actions.
a. In special proceedings, it is generally action in rem, or directed against the
world, whereas ordinary civil actions are adversarial in nature;
b. In special proceedings, there is no cause of action, whereas in ordinary civil
action, there must be a cause of action;

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 c. In special proceedings, the party seeks to establish a status, a right, or a
particular fact, whereas in ordinary civil action, the party sues another for the
enforcement or protection of a right or for the prevention or redress of a
wrong.
12. Do cases in special proceedings require a cause of action?
a. No, cases in special proceedings, generally, do not require a cause of action
(exception Habeas Corpus cases)
13. Is a motion to dismiss a remedy in specpro? Why?
a. Motion to dismiss may be a remedy for a special proceeding, as far as
practicable, in absence of any special provision. However, in some cases of
special proceedings, motion to Dismiss is not allowed.
14. Distinguish intestate from testate aproceeding?
a. Testate Proceeding is the proceeding for the settlement of estate of a
deceased who has left a will. In such proceeding, an executor is named in
the will to execute the provisions of said will.
b. Intestate proceeding is the proceeding for the settlement of estate of a
decease who has left no will. In such, an administrator is appointed by the
court to administer the estate.
15. Which court has jurisdiction over settlement of estate?
a. The jurisdiction of the court over the settlement of estate depends on the
alleged gross value of the estate. The MTC has jurisdiction when the alleged
gross value of the estate does not exceed Php400,000, if within Metro
Manila, or does not exceed Php 300,000, if outside MM.
b. The RTC has jurisdiction when the alleged gross value of the estate
exceeds Php400,000, if within MM, or exceeds Php300,000, if outside MM.
16. Is settlement of estate a real action?
a. If the estate of the deceased is consists of real properties, it is a real action.
If it is consists of only personal properties, it is a personal action. If it is
consist of both, it is a mixed action. Because it is an action affecting the
interest in the estate.
17. What kind of jurisdiction does a probate exercises?
a. Special and limited
18. Why is it limited?
a. It is of limited jurisdiction because the issues that have to be resolved by the
probate courts are limited to
i. the extrinsic validity of the will; and
ii. whether the will was duly executed by the testator in accordance with
the formalities under the law and
iii. whether the testator has the capacity to execute such will; and issues
relating to the settlement of estate which are the liquidation,
administration, and distribution of the estate.
19. Why personal and not real?

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 a. If the estate of the deceased is consists of real properties, it is a real action.
If it is consists of only personal properties, it is a personal action. If it is
consist of both, it is a mixed action. Because it is an action affecting the
interest in the estate.
20. What is the subject matter in settlement?
a. The subject matter in settlement is the estate of the decedent
21. Does that limited jurisdiction apply to both testate and intestate? why?
a. Yes, Ma’am. The limited jurisdiction applies to both testate and intestate
proceedings.

The probate of a will might become an Idle ceremony if on its face it appears to be
intrinsically void. Where practical considerations demand that the intrinsic validity of
the will be passed upon, even before it is probated, the court should meet the issue
22. May probate court rule on issue on ownership?
a. As a general rule, the court cannot determine the issue on ownership.
However, there are exceptions
23. What is the general rule, and the exception?
a. The circumstances where the courts may provisionally determine the
ownership are,
i. when it is for the purpose of including property in the inventory
without prejudice to its final determination in a separate action;
ii. when no interests of third parties are affected; and
iii. when question is one of collation
24. What’s the rationale why probate/intestate court has special and limited
jurisdiction?
a. Because the jurisdiction of the probate or intestate courts merely relates to
matters relating to the settlement of estate and the probate of the will, and
issues beyond that are extraneous matters which the probate court cannot
resolve with finality.
25. May probate/intestate court provisionally resolve ownership?
a. Yes, the probate or intestate court may provisionally resolve ownership.
26. In what instances?
a. The circumstances where the courts may provisionally determine the
ownership are,
i. when it is for the purpose of including property in the inventory
without prejudice to its final determination in a separate action;
ii. when no interests of third parties are affected; and
iii. when question is one of collation
27. Is it allowed to resolve ownership when parties are all heirs and involves collation?
For these questions READ Agtarap v Agtarap GR 177192

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 a. Yes, it is allowed provided that all the heirs who take part in the distribution
of the estate and subject to the jurisdiction of the court in all matters and all
incidents necessary to the complete settlement of the estate, and provided
that no interest of third parties shall be affected.
28. What issues will probate court resolve in petition for probate?
a. The issues that will be resolved in a petition for probate are the extrinsic
validity of the will or whether the will is duly executed in accordance with the
formalities under the law, and whether the testator is of sound mind or has
the capacity to execute such will.
29. May the probate court resolve on intrinsic validity? Why?
a. No, as general rule, the court may not resolve on intrinsic validity of the will.
Because the probate court only has special and limited jurisdiction.
30. Why only extrinsic validity?
a. Because the probate court merely exercises special and limited jurisdiction.
31. Where’s the venue in settlement proceedings?
a. The venue in settlement proceeding depends on whether the decedent is an
inhabitant of the Philippines or of a Foreign country. If he is an inhabitant of
the Philippines, whether citizen or not, the venue of the proceeding shall be
in the place where the decedent resides at the time of his death. If he is
inhabitant of a foreign country, the venue lies in the place where he has
estate. If he has estate in several places, in any court of such places, to the
exclusion of others once venue is laid in one court.
32. Qhat are kinds of settlement?
a. Extrajudicial Rule 74 sec 1
b. Summary Settlement of estate of small value R 74 sec 2
c. Judicial partition Rule 69
d. Judicial settlement through letters testamentary, commenced by a petition
for probate, or letters of administration, commenced by a petition for
appointment of administrator
33. What are the exceptions to the limited jurisdiction of a probate court?
a. Exceptions are:
i. issues on ownership when it is for the purpose of including property in
the inventory without prejudice to its final determination in a separate
action;
ii. when all the heirs who take part in the distribution of the estate are
subject to the jurisdiction of the court in all matters and incident
necessary to the complete settlement of the estate, and when no
interest of a third party are affected; and 3
iii. when the question is one of collation or advancement
34. May probate court act properly on rights arising from contracts? Why?
a. No, the probate courts, as a court of limited jurisdiction, cannot act properly
on matters pertaining to rights arising from contracts.

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35. What is your basis that probate court may, as early as probate, determine
preterition? Naguid v. Naguid
a. The probate court may determine preterition only if such intrinsic validity is
appears on the face of the will or patent that it may render the probate
proceeding an idle ceremony.
36. In intestate commenced by petition for appointment of administrator, what are the
issues to be resolved?
a. In intestate proceedings, the issue to be resolved is
i. the fact of death,
ii. whether the petitioner has the proper authority to file the petition for
appointment of administrator and
iii. whether he is qualified to be appointed as administrator
37. In probate, what are the issues to be resolved?
a. In probate proceedings, the issues to be resolved are
i. the extrinsic validity of the will, or whether the will is duly executed in
accordance with the formalities prescribed by law; and
ii. whether the testator has the testamentary capacity to execute such
will.
38. Decedent is non-resident, where should the venue be?
a. If the decedent is non-resident, the venue should be in the place where he
has estate
39. What if he has estate in several places?
a. The venue may be in any court of such places, to the exclusion of other
once the venue has been laid in one court.
40. Where should the venue be?
a. The venue may be in any court of such places, to the exclusion of other
once the venue has been laid in one court.
41. So will there several venue?
a. No, only one venue. He may file the petition in any of the court in such
places, but to the exclusion of the other courts once the venue has been laid
in one of those courts.
42. Since there could be several courts which may have venue, does that mean that
petitioner can choose where? What about the other courts?
a. Yes, he may choose upon such several venues. However, once the petition
has been filed in one of those court and the court has taken cognizance
thereof, it is to the exclusion of the other courts.
i. If decedent is a resident of the Phil, whether citizen or not, venue is
the court of the place where he/she resides AT THE TIME OF
DEATH.

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 ii. If non-resident, it shall be in the court of the place where he has
estate. If several, in any court of such places, to the exclusion of
others once venue laid in one court
iii. If decedent husband and wife, venue in the corresponding estate
proceeding
43. What are requisites of extrajudicial settlement?
a. The requisites of Extrajudicial settlement of estate are
i. the decedent left no will;
ii. the decedent has no debts, or if he has debts, such have been paid
by the heirs at the time the extrajudicial settlement has been entered
into;
iii. that the heirs are all of legal age, or if minors, are represented by their
judicial or legal representatives duly authorized for that purpose.
44. Is it still possible even if decedent left debts?
a. Yes, it is possible. Provided that at the time the extrajudicial settlement has
been entered into, the heirs have already paid the debts left by the
decedent.
45. How will that be done Jacinto?
a. The heirs must pay first the debts left by the decedent.
46. What if decedent left a sole heir?
a. The sole heir may adjudicate to himself the entire estate by means of an
Affidavit of Self-Adjudication to be filed in the Registry of Deeds.
47. What’s the procedure?
a. The sole heir shall only execute an affidavit of self-adjudication. He must file
the said affidavit in the Office of the Registry of Deeds. (and pay the bond)
48. What if the heirs executed an extrajudicial settlement without considering a known
creditor, what’s the remedy of that creditor?
a. The creditor may file a claim against the estate within 2 years from the
settlement and distribution of the estate. If the 2 year period has already
elapsed, the creditor may file a motion in the same proceeding where the
estate has been settled.
49. How will that creditor know there was actually an extrajudicial settlement?
a. There must be a publication of the extrajudicial settlement in a newspaper
of general circulation once a week for 3 consecutive weeks.
50. From which will the 2-year period be reckoned from?
a. The 2-year period will be reckoned from the settlement and distribution of
estate
51. Does extrajudicial settlement partakes the nature of a contract among the parties
thereto? Why?

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 a. Yes, extrajudicial settlement partakes the nature of a contract because it
binds the parties who took part in the extrajudicial partition, and it also
requires all the requisites of a contract under Art 1318.
b. Extrajudicial settlement of estate of a deceased person binds the parties
who took part in such extrajudicial partition. It also requires all the requisites
of a contract under Art 1318
c. As such, can be subject of an action for annulment or nullity, because it’s an
agreement
52. What does time bar means in objecting to extrajudicial settlement?
a. The time bar means that the heirs who participated in the extrajudicial
settlement have 2 years from the settlement to object such, otherwise it is
barred. However, for those who did not participate o have not been notified,
the 2-year time bar will not apply.
53. The illegitimate child was excluded in the extrajudicial settlement, does he/she has
a remedy to assert his/her right?
a. Yes, he has a remedy, he may file a claim against the estate within 2 years.
If the 2 years has lapsed, he may file an action for reconveyance.
54. What’s the remedy? What cause of action?
a. The remedy is to file a claim against the estate within the 2-year period. If
such 2-year period had already lapsed, the remedy is to file an action for
reconveyance. Based on an implied or constructive trust.
55. What’s the effect of judgment admitting the will?
a. The Will shall be conclusive as to the due execution of the will and as to the
soundness of mind of the testator in the execution of such will.
56. Effect of judgment admitting the will. Only as to due execution?
a. Not only on due execution. The testator was of sound and disposing mind
when he executed it. Those are conclusive, and can no longer be
controverted
57. Who may file a petition for probate of a will?
a. Executor, devisees or legatee named in the will, or any other person
interested in the estate, and any creditor. may file the petition for probate.
The testator himself may also file a petition for the allowance of the will,
during his lifetime.
58. What are the jurisdictional requirements?
a. The jurisdictional requirements are, as to form,
i. it must be a verified petition,
ii. a certificate against forum shopping must by attached to the verified
petition, and
iii. docket and other lawful fees must be paid.
b. There must also be a publication of notice of hearing and

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 c. personal notice to known heirs, legatees, and devisees.
59. What’s the difference in evidence to be presented if will contested and if not
contested?
a. In notarial will,
i. if there is no contest, the court may grant allowance thereof on the
testimony of one of the subscribing witnesses only, if such witness
will testify on the due execution of the will.
ii. If contested, it is required that the testimony of the all subscribing
witnesses and the notary public be presented before the court.
b. In a holographic will,
i. it is necessary that at least one witness who knows the handwriting
and signature of the testator to expressy declare that the will is written
and signed by the testator.
ii. If the holographiv will is contested, at least 3 witnesses.
60. May the testator file allowance of his/her will?
a. Yes, the testator, during his lifetime, may file a petition for the allowance of
his will.
61. Does he/she needs to comply with publication of the notice of initial hearing on
his/her petition?
a. No, there is no need for the compliance with the publication.
62. Why no?
a. Because the testator himself can attest to the probate court that it is indeed
his will, and in such case, the only issue to be resolved whether it is
executed in accordance with the formalities prescribed, and whether he is of
sound mind.
63. What’s the reason not to publish?
a. Testator who himself/herself petitions for allowance can attest to the probate
court it’s his/her will.
b. The issues are only on whether executed in accordance with the prescribed
formalities and that of sound mind. If contested, contestants have the burden
to prove otherwise. If not, the lone testimony of the testator will suffice.
64. What proof required if will is lost?
a. It must be proved that
i. the will has been duly executed by the testator;
ii. that the will was in existence when the testator died, or has been
fraudulently or accidentally lost or destroyed in the lifetime of the
testator without his knowledge; and
iii. that the provisions of the will are clearly established by at least 2
credible witnesses.
65. Will that apply to holographic will?

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 a. As a general rule, it will not apply to a holographic will
66. Why will it not apply to holographic will?
a. Judge Wilhelmina Wagan: It’s difficult to prove a lost or destroyed
holographic will, which is entirely written by testator without witnesses. Only
the testator knows the contents thereof.
67. What are grounds to disallowance of a will?
a. The grounds for disallowing a wil are as follows:
i. if not executed and attested as required by law;
ii. if the testator was insane, or otherwise mentally incapable to make a
will, at the time of its execution;
iii. if it was executed under duress, or influence of fear, or threats;
iv. if it was procured by undue and improper pressure and influence on
the part of the beneficiary; or
v. if the signature of the testator was procured by fraud or trick, and he
did not intend that the instrument should be his will at the time of
fixing his signature thereto.
68. What will the probate court issue after allowance of will becomes final?
a. After the allowance of will has become final, the probate court will issue a
certificate of allowance which will be attached to the will.
69. What’s the next procedure?
a. Judge Wilhelmina Wagan: Letters testamentary. Then, named executor
takes his oath, if none the court appoints, and settlement proper commences