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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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