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Maloles Vs Maloles GR. 129505, 113359

The document discusses the probate of a will and the presumption of death of an absent person under Philippine law. It notes that the court cannot simply declare a testator dead without authentication of a will. It also outlines that if an absent person reappears after settlement of their estate, they can only recover the current property or proceeds, not obligations already paid. Jurisdiction for the case is determined based on the gross value of the estate under the relevant law.

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53 views1 page

Maloles Vs Maloles GR. 129505, 113359

The document discusses the probate of a will and the presumption of death of an absent person under Philippine law. It notes that the court cannot simply declare a testator dead without authentication of a will. It also outlines that if an absent person reappears after settlement of their estate, they can only recover the current property or proceeds, not obligations already paid. Jurisdiction for the case is determined based on the gross value of the estate under the relevant law.

Uploaded by

Meridee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MALOLES vs MALOLES

GR. 129505, 113359

The purpose of probate is for the authentication of will.

The court cannot simply issue order that testator is dead.

Made reference to RULE 107


- For the purpose of administering

Pag absent ng 10 years


- The court cannot issue order declaring presumption of death since there can be no
finality of presumption
- No need to file an action independent of the settlement of the estate
- Need lang i-allege
- Presumption will only be applied, no need for independent action

Art 390 of Civil Code

Art 392
- Presumed absent then reappeared
- After settlement, recover property in the condition upon which it is found
- If alienated = then yung proceeds, which is the price
- Entitled lang siya sa balance of the estate, after the payment of obligation he cannot
recover those paid, this can be done by mere motion in same proceeding

Jurisdiction
- Refer to BP 129
- SEC 19, paragraph 4
- Based sa gross value

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