doctrines spec pro word.docx

8/10/2019 doctrines spec pro word.docx

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Special proceeding

Status, right, fact

Adoption, Legitimacy Gen. Rule: In rem

Exception: Habeaas corpus

State interest

ie. Adoption, change of name, change of entry inthe civil registry


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Summary settlement requisites Value: 10k or less of the gross estate Heirs are all of legal age, if minor, represented by their legal

representatives

There are no debts Self-adjudication requisites

Extra-judicial way of settling the estate There is no will There are no debts

Heirs are all of legal age, if minor, represented by their legalrepresentatives

In a public document and deposited with the register of deeds

Publication


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Cease vs. CA Piercing the veil of corporate fiction

Partition decision: final or interlocutory? Pereira vs. CA Which preferred? Administration vs. Partition

Portugal vs. Portugal Beltran

Gen. rule: special proceedings necessary todetermine heirship.

Exception: this case for annulment of affidavit ofself-adjudication involving one lot 155 sqm.


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Avelino vs. CA

Petition for issuance of letters of administration

can be converted into a judicial action for simplepartition when all but one heir agree to partition


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Jurisdiction

RTC

Metro Manila

more than P400,000 Others more than P300,000

MetC, MTC, MCTC

Metro Manila exactly P400,000 or less

Others exactly P300,000 or less


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Venue Actual residence at time of death (Garcia Fule v.

CA)

Where property is located

May be waived

Which is preferred?

Petition for probate vs. petition for letters ofadministration

PROBATE! Because we always consider the lastwishes of the decedent


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Petition for allowance of will Prescriptive period?

Jurisdictional facts?

Publication, mandatory Exception: No newspaper publication shall be made where

the petition for probate has been filed by the testator himself.

If not contested Testimony of one subscribing witness (notrial)

Testimony of one witness (holographic)


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If contested

Notarial will

All subscribing witnesses plus notary; When other witnesses are allowed

Holographic: 3 witness-rule (writing: signature) orexpert testimony


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Provisions of lost or destroyed will First proved existence and destruction /loss

Without the express will of the testator (ie. revocation)

Notarial will two-witness rule

Holographic will by a copy admitted with greatcaution: no copy, cannot be proven

Extrinsic vs. intrinsic validity Gen. rule - probate: extrinsic

Exception: intrinsic, when apparent, else waste oftime (ex. Preterition)


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Effect of order allowing will

Final, appealable

Conclusive as to due genuineness and dueexecution


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When disallowed

Not genuine, not validly executed

Petition for probate of will proved abroadPetition for probate + copy of will + order of

allowance (both authenticated)

Petition for letters of administration

Filed by interested persons: contested byinterested person

Objection to capacity of petitioner can be waived


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Figuracion-Gerilla vs. Figuracion

Partition not proper when there is an issue as to

expenses chargeable to estate such as expensesfor last illness and funeral of decedent.

No accounting procedure in partition proceedings

Need to file estate settlement proceedings


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Arbolario vs. CA

Once a valid marriage is established, it is deemed

to continue until proven to have validly ended.Mere cohabitation will not give rise to a

presumption of legitimacy in favor of the child ofthe second union unless there is proof that the

first marriage was lawfully terminated and thesecond one lawfully entered into.


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Azuela vs. CAA notarial will with all these defects is fatally

defective

Attestation clause does not contain number of pages

Said clause is not signed by instrumental witnesses

No acknowledgement but merejuratAcknowledgement:

Jurat: Mere statement of notary public (subscribed and swornbefore me)

Decedent signed not only at end of will not left margin

Pages not in letters but in Arabic numericals


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Fleumer vs. HixFor probate of will executed in West Virginia, not

enough to present excerpt from West Virginia

Code;Need certificate of officer having charge of

original under seal of state

Prove that law was in force at time alleged willwas executed

2-witness rule- show compliance- with state law

Prove domicile of executor in West Virginia


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Ancheta vs. Guersey-Dalaygon

Foreign laws must be proven as a fact; evidence

required; no judicial noticeAncilliary administrator primary duty is to

distribute estate according to will of decedent

Cannot presume that foreign law is the same as

Philippine lawFailure to prove foreign law amounts to extrinsic

fraud


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Main function collect, preserve, administer,pay, distribute

Qualificationcompetent and trustworthy

Disqualificationminor, non-resident, unfit

Revocation

BONUSQUESTION:

Whether a person whohas been convicted of rebellion (or convictedof plunder but pardoned) be fit to serve as anadministrator


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Ventura v. Ventura Next of kin nearest of kin

Member of same class more preponderantinterest

Villamor v. CA Strangers can be appointed as administrators

Extrinsic fraud

4 year prescriptive periodDiscovery of fraudfacts would put an ordinary

man upon inquiry which, if followed up, wouldhave led to discovery of fraud


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Pijuan vs. Gurrea

No right of preference granted to widow when will

has named an executor

Luzon Surety vs. Quebrar

Administrators bond remains in force as long asadministrator has not completed his duties and

the estate has not been settled; non-payment ofpremium does not invalidate the bond.


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Estate of Hilario Ruiz vs. CA

The right of an executor or administrator to

possess and manage the estate is not absoluteand can only be exercised as long as necessary topay debts and expenses of administration

Heirs of right of ownership is merely inchoate

when estate has not yet been fully settled.


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Kalaw vs. IAC

Failure to render accounting after more than 6

years is sufficient ground for removal Belated filing does not purge her of negligence

Pahamotang vs. PNB

Notice to heirs under Rule 89 is mandatory; failure

to notify heirs invalidates authority to mortgageor sell estate assets


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Rioferio vs. CA

Pending filing of administration proceedings

and appointment of adminstrator, heirs havestanding


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PNB vs. CASecured creditor can only choose one of the three

remedies under Rule 89 Sec. 7

Money claim: waive mortgage

Judicial foreclosure with deficiency claim

Extrajudicial foreclosure (no deficiency claim)

Note: Prof. Bautista is of the opinion that acontingent claim may be filed for the deficiencymay be filed that may result from extrajudicialforeclosure


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Aldamiz cs. CFI Judge

Attorneys Fees two ways

Demand from / sue administrator

charged as expensesof administration

File petition in estate proceeding and ask administratorto pay

Not a claim against the estate


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Quita vs. CA

If there is a controversy before the court as to whoare the lawful heirs of the deceased person, or asto distributive shares, the controversy shall beheard and decided as in ordinary cases

In this case, the wifes nationality mist be

determined, to see if she can inherit from thedeceased as surviving spouse (she filed for divorcein the US)


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Pacioles, Jr. vs. Chuatoco-Ching

General rule: probate court cannot pass uponownership


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