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SPECPRO CASES NOTES

RULE 71 the deceased testator, said court having,


in its capacity as a probate court,
1. URUARTE VS CFI OF NEGROSS jurisdiction to declare who are the heirs of
OCCIDENTAL the deceased testator and whether or not
COURT OF CFI (RTC) HAVE ORIGINAL JURISDICTION a particular party is or should be declared
OVER “ALL MATTERS OF PROBATE” WHETHER THEY DIE his acknowledged natural child.
TESTATE OR INTESTATE: WAIVER OF IMPROPER VENUE:
 Wrong venue is merely waivable
 The matter of venue, shall be in the court procedural defect and such waiver may
of first instance (RTC) in the province in occur by laches.
which he resided at the time of his death,
and if he is an inhabitant of a foreign 2. BERNARDO VS COURT OF APPEALS
country, the court of first instance of any  EXCEPTION ON JURISDICTION OF PROBATE COURT
province in which he had estate. TO RULE ON THE ISSUE OF OWNERSHIP

TESTATE PROCEEDINGS, FOR THE SETTLEMENT OF THE DETERMINATION BY PROBATE COURT OF QUESTION AS
ESTATE OF A DECEASED PERSON TAKE PRECEDENCE TO TITLE TO PROPERTY: GENERAL RULE AND
OVER INTESTATE PROCEEDINGS FOR THE SAME EXCEPTION:
PURPOSE.  As a general rule, question as to title to
 If in the course of intestate proceedings property cannot be passed upon on
pending before a court of first instance it testate or intestate proceedings,"
is found it that the decedent had left a last EXCEPTION
will, proceedings for the probate of the  Where one of the parties prays merely for
latter should replace the intestate the inclusion or exclusion from the
proceedings even if at that stage an inventory of the property, in which case
administrator had already been appointed: the probate court may pass provisionally
O The administrator being required to upon the question without prejudice to its
render final account and turn over final determination in a separate action.
the estate in his possession to the  However, when the parties interested are
executor subsequently appointed. all heirs of the deceased, it is optional to
 Without prejudice that should the alleged them to submit to the probate court a
last will be rejected or is disapproved, the question as to title to property, and when
proceeding shall continue as an intestacy. so submitted, said probate court may
definitely pass judgment thereon
WHERE INTESTATE PROCEEDINGS HAD BEEN  And that with the consent of the parties,
COMMENCED, THE PROBATE OF WILL SHOULD BE FILED matters affecting property under judicial
IN THE SAME COURT, EITHER IN A SEPARATE SPECIAL administration may be taken cognizance
PROCEEDING OR IN AN APPROPRIATE MOTION OF R of by the court in the course of intestate
SAID PURPOSE FILED IN THE ALREADY PENDING proceeding, provided interests of third
INTESTATE PROCEEDINGS: persons are not prejudiced
 This is especially true where the party
seeking the probate of the will had been PROBATE COURT VESTED WITH JURISDICTION TO TRY
informed of had knowledge of the CONTROVERSIES BETWEEN HEIRS REGARDING
pendency of the intestate proceedings. OWNERSHIP OF PROPERTIES BELONGING TO DECEASED:
 The purpose of an administration
QUESTION OF ACKNOWLEDGMENT AS A NATURAL CHILD proceeding is the liquidation of the estate
OF TESTATOR MAY BE PRESENTED TO PROBATE COURT: and distribution of the residue among the
 A party claiming to be an acknowledge heirs and legatees.
natural child of testator is entitled to  Liquidation means determination of all the
intervene Special Proceeding if it is still assets of the estate and payment of all the
open, or to ask for its reopening if it has debts and expenses.
already been closed, so as to be able to
submit for determination the question of
his acknowledgment as natural child of
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SPECPRO CASES NOTES
PROBATE COURT VESTED WITH JURISDICTION TO enter into an agreement for distribution in
DETERMINE IF PROPERTIES BELONG TO CONJUGAL a manner and upon a plan different from
PARTNERSHIP: those provided by law.
 The probate court has to liquidate the
conjugal partnership in order to determine FOR THIS COURT TO PRESCRIBE WHAT IS TO BE A
the estate of the decedent which is to BINDING AGREEMENT BETWEEN CO-HEIRS IN THE
distribute among his heirs. SETTLEMENT OF THEIR PRIVATE AFFAIRS WHICH IN NO
WAY AFFECT THE RIGHTS OF THIRD PARTIES WOULD BE
OWNERSHIP: WAIVER BY A PARTY WHO RAISES AN TO TRANSCENDS ITS RULE-MAKING POWER.
OBJECTION:
 Where a party by presenting their project 2. TORRES VS TORRES 10 SCRA 185
of partition including therein the disputed (J) WHERE THE PARTIES ALREADY ENTERED INTO AN
lands, puts in issue the question of EXTRAJUDICIAL SETTLEMENT, NO JUDICIAL SETTLEMENT
ownership of the properties — which is MAY BE OPENED, THE REMEDY IS THAT IN SECTION 1
well within the competence of the probate WHICH STATES THAT “…SHOULD THEY DISAGREE,
court — and just because of an opposition THEY MAY DO SO IN AN ORDINARY ACTION OF
thereto, they cannot thereafter withdraw PARTITION.” JUDICIAL SETTLEMENT MAY ONLY BE
either their appearance or the issue from OPENED IF THERE IS A GOOD REASON SUCH AS
the jurisdiction of the court. SECTION 4.

ESTATE OF DECEASED PERSONS: SUMMARY


RULE 74 SETTLEMENT; NO NECESSITY FOR INSTITUTION OF
SPECIAL PROCEEDING:
1. HERNANDEZ VS ANDAL (MARCH 29, 1947)
SECTION 1 OF RULE 74, NOT CONSTITUTIVE BUT  Where the decedent left no debts and
MERELY EVIDENTIAL OR PARTITION. heirs or legatees are all of age, as in this
 Section 1 of Rule 74 contains no such case, there is no necessity for the
express or clear declaration that the institution of special proceedings and the
required public instruments is to be
appointment of an administrator for the
constitutive of a contract of partition or an
inherent element of its effectiveness as settlement of the estate, because the
between the parties. same can be effected either extra
 And this Court had no apparent reason, in judicially or through an ordinary action for
adopting this rule, to make the efficacy of partition.
a partition as between the parties
dependent on the execution of a public  If there is an actual necessity for court
instrument and its registration.
intervention, in view of the heirs' failure to
THE REQUIREMENT THAT A PARTITION BE PUT IN reach an agreement as to how the estate
A PUBLIC DOCUMENT AND REGISTERED HAS FOR would be divided physically, they have still
ITS PURPOSE THE PROTECTION OF CREDITORS the remedy of an ordinary action for
AND AT THE SAME TIME THE PROTECTION OF THE partition.
HEIRS THEMSELVES AGAINST TARDY CLAIMS:
 Note that the section speaks of debts and
creditors. UNVERIFIED ALLEGATION THAT ESTATE HAS
 The object of registration is to serve as EXISTING DEBT OR OTHER PROPERTIES IN THE
constructive notice, and this means notice POSSESSION OF ONE OF THE HEIRS ARE NOT
to others. SUFFICIENT CAUSE FOR ADMINISTRATION
 It must follow that the intrinsic validity PROCEEDINGS:
of partition not executed with the
prescribed formalities does not come into FACT: the heirs had already entered into
play when there are no creditors or the extrajudicial partition and settlement of the
rights of creditors are not affected.
estate, on the representation that there
 No rights of creditors being involved, it is
existed no debts, but one alleged heir petition
competent for the heirs of an estate to
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SPECPRO CASES NOTES
to place the estate under administration persons who did not take part therein or
predicate mainly on alleged inability of the had no notice or knowledge thereof.
heirs to agree on a physical division of the
propertied: THERE CANNOT BE ANY DOUBT THAT THOSE WHO
TOOK PART OR HAD KNOWLEDGE OF THE
HELD: The bare allegation that, "the estate EXTRAJUDICIAL SETTLEMENT ARE BOUND
has an existing debt from third persons" THEREBY:
cannot be considered as concise statement to
constitute a cause of action. Nor does the  If they claim to have been in any manner
unverified statement that there are other deprived of their lawful right or share in
properties not included in the deed of the estate by the extrajudicial settlement,
extrajudicial partition in the possession of one they may demand their rights or interest
of the heirs, justify the institution of an within the period of two years, and both
administration proceeding because the same the distributes and estate would be liable
questions that may arise as to them, viz, the to them for such rights or interest.
title there and their partition, if proven to
belong to the intestate, can be properly and  Evidently, they are the persons in
expeditiously litigated in an ordinary action of accordance with the provision, may seek
partition. to remedy, the prejudice to their rights
within the two-year period.

 But as to those who did not take part in


the settlement nor had no notice of the
3. SAMPILO AND SALACUP VS COURT OF
death of the decedent or of the
APPEALS AND SINOPERA
103 P 70 settlement, there is no direct or express
(J) PRESCRIPTION DOES NOT APPLY TO A PERSON WHO provision and it is unreasonable and
DID NOT PARTICIPATE TO THE SETTLEMENT. NO unjust that they also be required to
CONSTRUCTIVE KNOWLEDGE BECAUSE IT IS NOTICE assert their claims within the period of two
AFTER THE FACT. years.

 To extend the effects of the settlement to


EXTRAJUDICIAL SETTLEMENT: PERSONS WHO MAY
them, to those who did not take part or
SEEK REMEDY WITHIN TWO-YEAR PERIOD; TWO
had no knowledge thereof, without any
SIGNIFICANT PROVISIONS IN SECTIONS 1 AND 4
express legal provision to that effect,
OF RULE 74:
would be violative of the fundamental
right to due process of law.
 In Section 1, it is required that if there are
two or more heirs, both or all of them
should take part in the extrajudicial
settlement.
THIRD PERSON NOT AFFECTED:

 By the title of Section 4, the


 The procedure outlined in Section 1 of
"distributees and estate" are indicates
Rule 74 of extrajudicial settlement, or
the persons to answer for rights violated
by affidavit, is an ex parte proceeding.
by the extrajudicial settlement.

 It cannot by any reason or logic be


 NO mention is made expressly of the
contended that such settlement or
effect of the extrajudicial settlement on
distribution would affect third persons who
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SPECPRO CASES NOTES
had no knowledge either of the death of cancelled at the instance of the transferee
the decedent or of the extrajudicial of the land involved
settlement or affidavit, especially as no EVIDENCE: GOOD FAITH:
mention of such effect is made, either  Where the buyer of the man was an
enlisted man in the Philippine
directly or by implication.
constabulary and seldom come home to
visit his relatives, a man of such a
situation cannot be expected to know the
relatives and children of his vendor even if
PERSON WHO ARE BARRED AFTER they are town mates. Fraud cannot be
EXPIRATION OF TWO YEARS: presumed. It must be established by clear
and sufficient evidence.
THE PROVISIONS OF SECTION 4 OF RULE 74, BARRING
DISTRIBUTEES OR HEIRS FROM OBJECTING TO AN
EXTRAJUDICIAL PARTITION AFTER THE EXPIRATION OF 5. SAN RUIZ V. SAN RUIZ 514 SCRS 294
TWO YEARS FROM SUCH EXTRAJUDICIAL PARTITION, IS (J) ON THE MEANING OF RESIDENCE AS DISTINGUISHED
APPLICABLE ONLY

1. To persons who have participated or taken


part or had notice of the extrajudicial UNDER SECTION 1, RULE 73 OF THE RULES OF
partition, and, in addition, COURT, THE PETITION FOR LETTERS OF
ADMINISTRATION OF THE ESTATE OF DECEASED
2. When the provisions of Section 1 of Rule SHOULD BE FILED IN THE REGIONAL TRIAL COURT
74 have been strictly complied with, i.e., OF THE PROVINCE "IN WHICH HE RESIDES AT THE
that all the persons or heirs of the TIME OF HIS DEATH."
decedent have taken part in the
extrajudicial settlement or are represented  In the application of venue statutes and
by themselves or through guardians. rules – Section 1, Rule 73 of the Revised
Rules of Court is of such nature –
residence rather than domicile is the
SECTION 4 RULE 74 IS NOT A STATUTE OF significant factor.
LIMITATION:
 It is only a bar of action parties who had
taken part in the extrajudicial proceeding, FOR PURPOSES OF FIXING VENUE UNDER THE
but not against third persons not parties RULES OF COURT, THE "RESIDENCE" OF A
thereto. PERSON IS HIS PERSONAL, ACTUAL OR PHYSICAL
HABITATION, OR ACTUAL RESIDENCE OR PLACE OF
4. CARION VS AGCAOILI, 1 S 521 ABODE, WHICH MAY NOT NECESSARILY BE HIS
(J)PRESCRIPTION SUSTAINED; THE LIEN OVER THE REAL LEGAL RESIDENCE OR DOMICILE PROVIDED HE
PROPERTY HAD EXPIRED.
RESIDES THEREIN WITH CONTINUITY AND
COMPARED TO SAMPILO: AGCAOILI IS A BUYER IN CONSISTENCY.
GOOD FAITH. IN SAMPILO, THE PARTIES ARE COUSINS.
 It signifies physical presence in a place
REQUISITES FOR 2 YEARS TO APPLY
and actual stay thereat
 It is possible that a person may have his
SETTLEMENT OF DECEDENT’S ESTATE;
SUMMARY SETTLEMENT; LIEN FOR A residence in one place and domicile in
PERIOD OF TWO YEARS: another.
 The lien, establishedin case of summary
6. CUA V. VARGAS 506 SCRA 374
settlement of a decedent’s estate is
(J) PUBLICATION OF EXTRAJUDICIAL SETTLEMENT
effective only for a period of two years.
 After the two-year period, such lien EXTRAJUDICIAL SETTLEMENT OF ESTATE: THE
becomes functus oficio and it may be PROCEDURE OUTLINED IN SECTION 1 OF RULE 74 IS AN
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SPECPRO CASES NOTES
EX PARTE PROCEEDING—PERSONS WHO DO NOT ACQUIRED IN SOME OTHER MANNER BY THE
PARTICIPATE OR HAD NO NOTICE OF AN EXTRAJUDICIAL REDEMPTIONER NOTWITHSTANDING.
SETTLEMENT WILL NOT BE BOUND THEREBY:  It cannot be counted from the time
 It contemplates a notice that has been advance notice is given of an impending
sent out or issued before any deed of or contemplated sale.
settlement and/or partition is agreed upon  The law gives the co-heir thirty days from
(i.e., a notice calling all interested parties the time written notice of the actual sale
to participate in the said deed of within which to make up his or her mind
extrajudicial settlement and partition), and and decide to repurchase or effect the
not after such an agreement has already redemption.
been executed;
THE OBLIGATION TO SERVE WRITTEN NOTICE DEVOLVES
THE PUBLICATION OF THE SETTLEMENT DOES NOT UPON THE VENDOR CO-HEIRS BECAUSE THE LATTER
CONSTITUTE CONSTRUCTIVE NOTICE TO THE ARE IN THE BEST POSITION TO KNOW THE OTHER CO-
HEIRS WHO HAD NO KNOWLEDGE OR DID NOT OWNERS WHO, UNDER THE LAW, MUST BE NOTIFIED OF
TAKE PART IN IT BECAUSE THE SAME WAS NOTICE THE SALE:
AFTER THE FACT OF EXECUTION:
 The requirement of publication is geared
for the protection of creditors and was 7. CRISTOBAL-CRUZ V. CRISTOBAL, 498
never intended to deprive heirs of their SCRA 37
lawful participation in the decedent's (J) ON EXTRAJUDICIAL PARTITION WHERE SOME HEIRS
estate. WERE UNLAWFULLY DEPRIVED OF THEIR SHARE:
REMEDIES: (1) 2 YEARS (2) ANNULMENT BASED ON
THE HEIRS WHO ACTUALLY PARTICIPATED IN THE FRAUD 4 YEARS (3) ACTION FOR RECONVEYANCE; FOR
EXECUTION OF THE EXTRAJUDICIAL SETTLEMENTS, PROPERTY HELD IN TRUST, POSSESSION WILL RIPEN
WHICH INCLUDED THE SALE OF THEIR PRO INTO OWNERSHIP AFTER 10 YEARS IF THERE IS CLAIM
INDIVISO SHARES IN THE SUBJECT PROPERTY, ARE OF OWNERSHIP AND ACTUAL POSSESSION.
BOUND BY THE SAME:
 Nevertheless, respondents are given the EXTRAJUDICIAL PARTITION OF ESTATE: SECTION 1, RULE
right to redeem these shares pursuant to 74 OF THE RULES OF COURT:
Article 1088 of the Civil Code.
THE RIGHT TO REDEEM WAS NEVER LOST  Without the participation of all persons
BECAUSE RESPONDENTS WERE NEVER NOTIFIED involved in the proceedings, the
IN WRITING OF THE ACTUAL SALE BY THEIR CO-
extrajudicial settlement is not binding on
HEIRS:
said persons.
 There is a need for written notice to
start the period of redemption, thus:
o Should any of the heirs sell his
hereditary rights to a stranger EXTRAJUDICIAL PARTITION OF ESTATE: PRESCRIPTION:
before the partition, any or all of THE ACTION FOR PARTITION IS IMPRESCRIPTIBLE:
the co-heirs may be subrogated to  Article 494 of the Civil Code explicitly
the rights of the purchaser by declares: "No prescription shall lie in favor
reimbursing him for the price of the of a co-owner or co-heirs as long as he
sale, provided they do so within expressly or impliedly recognizes the co-
the period of one month from ownership."
the time they were notified in
writing of the sale by the SUPPLEMENTAL CASES TO RULE 74
vendor.
1. CUENCO VS COURT OF APPEALS, 53
THE PERIOD OF ONE MONTH SHALL BE RECKONED SCRA 360
FROM THE TIME THAT A CO-HEIR IS NOTIFIED IN
WRITING BY THE VENDOR OF THE ACTUAL SALE. THE RESIDENCE OF THE DECEASED OR THE
WRITTEN NOTICE IS INDISPENSABLE AND LOCATION OF HIS ESTATE IS NOT AN ELEMENT OF
MANDATORY, ACTUAL KNOWLEDGE OF THE SALE JURISDICTION OVER THE SUBJECT MATTER BUT
MERELY OF VENUE:

5
SPECPRO CASES NOTES
sitting, or if he is an inhabitant of a foreign
THE COURT FIRST TAKING COGNIZANCE OF country, his having left his estate in such
SETTLEMENT OF THE ESTATE OF A DECEDENT: province."

 The Rule precisely and deliberately 2. INTESTATE ESTATE OF MERCADO VS


provides that "the court first taking MAGTIBAY, 96 PHIL 383
WHEN PARTITION PROCEEDING IS
cognizance of the settlement of the
PROPER INSTEAD OF ADMINSTRAION
estate of a decedent, shall exercise PROCEEDING:
jurisdiction to the exclusion of all other WHERE THE ESTATE HAS NO DEBTS, RECOURSE MAY BE
courts." HAD TO AN ADMINISTRATION PROCEEDING ONLY IF THE
HEIRS HAVE GOOD REASONS FOR NOT RESORTING TO
AN ACTION FOR PARTITION:
 The court with whom the petition is first
 Where partition is possible, either in or out
filed, must also first take cognizance of
of court, the estate should not be
the settlement of the estate in order burdened with an administration
to exercise jurisdiction over it to the proceeding without good and compelling
exclusion of all other courts. reasons.
 The institution of administration
 Conversely, such court, may upon learning proceeding cannot be justified on the
that a petition for probate of the ground that the purpose is to avoid a
multiplicity f suits if the same object could
decedent's last will has been presented in
be achieved in an action for partition.
another court where the decedent
obviously had his conjugal domicile and
resided with his surviving widow and their 3. DURAN VS DURAN, 20 SCRA 379
minor children, and that the allegation of
the intestate petition before it stating that JUDICIAL APPROVAL IS NOT REQUIRED FOR
the decedent died intestate may be ASSIGNMENT OF HEREDITARY SHARE BEFORE THE
INSTITUTION OF INTESTATE PROCEEDINGS:
actually false, may decline to take
 Until the assignment is annulled, the
cognizance of the petition and hold the
assigning heir is bound by it and he has no
petition before it in abeyance, and instead more interest in the decedent’s estate:
defer to the second court which has before
it the petition for probate of the A LEGAL HEIR, WHO IN A PUBLIC INSTRUMENT
decedent's alleged last will. ASSIGNED AND RENOUNCED HIS HEREDITARY
RIGHTS IN FAVOR OF THE DECEDENT’S WIDOW, IS
NOT AN “INTERESTED PARTY” WHO CAN
INSTITUTE INTESTATE PROCEEDINGS AND
 Testate proceedings take precedence over
PETITION FOR THE ISSUANCE OF LETTERS OF
intestate proceedings:
ADMINISTRATION:
 Opposition to jurisdiction of trial court in
 The assignment pendente lite by one
settlement proceedings should be by
appeal except when want or jurisdiction heir of his hereditary share to another
appears on the record; coheir requires the approval of the probate
 The proceedings for settlement of estate court which has jurisdiction;
will not be annulled even if court had  Since the court’s approval is not deemed
improper venue; final until the estate is closed, the
 Supreme Court may order change of assigning heir remains an interested
venue under its supervisory authority over person in the proceeding even after the
inferior courts. said approval has been given.

JURISDICTIONAL FACTS: 4. GAN VS YAP, 104 PHIL 509


1. The death of the decedent, EXECUTION AND CONTENTS OF WILL, HOW
PROVED:
2. His residence at the time of his death in
the province where the probate court is
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SPECPRO CASES NOTES
 The execution and the contents of a lost or 8. NEPOMUCENO VS COURT OF APPEALS
destroyed holographic will may not be 139 SCRA 206
proved by the bare testimony of witnesses
who have seen and/or read such will. THE FACT THAT THE PROBATE COURT DECLARED A
 The will itself must be presented; DEVISE MADE IN A WILL NULL AND VOID WILL BE
otherwise, it shall produce no effect. SUSTAINED WHERE NO USEFUL PURPOSE WILL BE
 The law regards the document itself as SERVED BY REQUIRING THE FILING OF A
SEPARATED CIVIL ACTION AND RESTRICTING THE
material proof of authenticity.
COURT ONLY TO THE ISSUE OF EXTRINSIC
5. RODELAS VS ARANZA, 119 SCRA 16
VALIDITY
ADMISSIBILITY OF PHOTOSTATIC OR XEROX COPY
OF A LOST WILL OR DESTROYED WILL:  The probate of a will might become an idle
 If the holographic will has been lost or ceremony if on its face it appears to be
destroyed and no other copy is available, intrinsically void.
the will cannot be probated because the  Where practical considerations demands
best and only evidence is the handwriting that the intrinsic validity of the will be
of the testator in said will. passed upon, even before it is probated,
 It is necessary that there be a comparison the court should meet the issue (Nuguid
between sample handwritten statements vs Nuguid, 17 SCRA 44)
of the testator and the handwritten will.
 But, a photostatic copy or xerox copy of
RULE 76 ALLOWANCE OR DISALLOWANCE
the holographic will may be allowed
OF WILL
because comparison can be made with the
standard writings of the testator.
1. DE GUZMAN V. JUDGE ANGELES G.R.
NO. 78590,
6. BALANAY, JR. VS MARTINEZ, 64 S 452
On publication
WHERE PRACTICAL CONSIDERATIONS DEMAND
THAT THE INTRINSIC VALIDITY OF THE WILL BE
PASSED UPON, EVEN BEFORE PROBATED, THE
COURT SHOULD MEET THE ISSUE: REQUIREMENT BEFORE THE COURT MAY ACQUIRE
JURISDICTION OVER THE CASE FOR THE PROBATE
A NOTICE TO CREDITORS IS NOT IN ORDER IF OF A WILL AND ADMINISTRATION OR PROPERTIES:
ONLY A SPECIAL ADMINISTRATOR HAS BEEN
APPOINTED:
 Before a court may acquire jurisdiction
 Section 1, Rule 86 (Claims against Estate)
contemplates the appointment of an over the case for the probate of a will and
executor or regular administrator and not the administration of the properties left by
that of a special administrator. a deceased person, the application must
 Court employee should not be appointed allege the residence of the deceased and
as administrator of decedent’s title other indispensable facts or circumstances
and that the applicant is the executor
7. MANINANG VS COURT OF APPEALS
named in the will or is the person who had
114 S 478
custody of the will to be probated
 PROBATE OF A WILL IS MANDATORY: Unless
the will is probated and notice thereof
given to the whole world, the right of a
person to dispose of his property by Will
may be rendered nugatory. NOTICE THROUGH PUBLICATION OF THE PETITION
 General Rule: Probate of will does not look FOR THE SETTLEMENT OF ESTATE OF A DECEASED
into its intrinsic validity PERSON IS JURISDICTIONAL:
 Will should not be denied legality based on
dubious grounds

7
SPECPRO CASES NOTES
 The probate court must cause notice taken and filed that the will was duly
through publication of the petition after it executed, and that the testator at the
receives the same. time of its execution was of sound and
disposing mind and not acting under
duress, menace, and undue influence,
 The purpose of this notice is to bring all or fraud.
the interested persons within the court's
jurisdiction so that the judgment therein AN OPPOSITOR OBJECTING TO THE PROBATE OF
becomes binding on all the world. THE WILL ON ONE OR TWO SPECIFIC GROUNDS
MAY, DURING THE HEARING ADD TO THE
GROUNDS AND SUBMIT EVIDENCE IN SUPPORT OF
 Where no notice has been given to THE SAME:
persons believed to have an interest in  An oppositor may add other grounds
the estate of the deceased person; the and submit evidence in support
proceeding for the settlement of the thereof;
estate is void and should be annulled.
3. DE ARROYO V. ABAY 4 SCRA 555
(J) DISMISSAL FOR FAILURE TO PROSECUTE WILL NOT
 The requirement as to notice is essential
BAR ANOTHER PETITION FOR PROBATE
to the validity of the proceeding in that no
person may be deprived of his right to DISMISSAL OF PETITION FOR PROBATE OF WILL FOR
property without due process of law. FAILURE TO APPEAR; NOT ADJUDICATION ON MERITS:
THE PROBATE OF A WILL MAY BE THE CONCERN
 Notice through publication of the petition OF ONE PERSON OR SEVERAL PERSONS AS
USUALLY IS THE CASE:
for the settlement of the estate of a
 The fault of one such person may be
deceased person is jurisdictional, the
imputed to him alone who must suffer
absence of which makes court orders the consequences of his act. Such fault
affecting other persons, subsequent to the cannot be imputed to other persons;
petition void and subject to annulment.
 Other parties interested in the probate
SPECIAL ADMINISTRATOR: THE REPRESENTATIVE OF of a will for transmission of property
DECEDENT APPOINTED BY THE PROBATE COURT TO rights to them should not be prejudiced
CARE FOR AND PRESERVE HIS ESTATE UNTIL AN by the act or fault of another and
EXECUTOR OR GENERAL ADMINISTRATOR IS APPOINTED. because it is the policy of the State to
have such last wills and testaments
 Before acting on the motion to appoint submitted to Court for their probate or
a special administrator, the probate legalization, as shown or indicated or
court should give proper notice to all evidenced by or in the punishment
persons interested in the preservation provided for persons who are in
of the estate. possession of last wills and testaments
of deceased persons and fail or neglect
to deliver or present them to Court for
2. VANO VS VDA DE GARCES 95 PHIL 333 probate or to deliver them to the
(J) FORGERY MAY BE RAISED EVEN IF NOT PLEADED; IN executor named in the will within
THE PROBATE OF THE WILL IT IS NOT THE PARTIES
twenty days after they know of the
WHICH RAISE THE ISSUES BUT THE LAW ITSELF:
death of the testators or within the
ISSUE IN CONTESTED WILLS; ISSUE IS FIXED BY same period of time after they know
RULES OF COURT; ISSUE MAY NOT BE VARIED BY that they were named executors of the
PLEADINGS: will.
 Before the probate court can allow the
will it must be satisfied upon proof
8
SPECPRO CASES NOTES
 The Rules of Court prescribes the order of
4. FLORES V. MAGSUSI APRIL 28, 1959 preference in the issuance of letters of
(J) REASON FOR DE AROYO: BECAUSE OF STRONG administration, categorically seeks out the
PUBLIC POLICY IN THE LAW
surviving spouse, the next of kin and
the creditors, and requires that
RULE 77 sequence to be observed in appointing an
1. SUNTAY VS SUNTAY, 95 PHIL 500 administrator.
(J) 3 THINGS TO BE PROVEN DURING RE-PROBATE;
READ MEJARES V. RENADA  It would be a grave abuse of discretion for
SIR ESCOLIN: RULING HAS NO BASIS
the probate court to imperiously set aside
 Assignment of interest in the estate, not a
bar to probate of a lost or foreign will. and insouciantly ignore that directive
 The validity and legality of such without any valid and sufficient reason
assignments cannot be threshed out in therefor.
the probate proceeding which is
concerned only with the probate of the
will. IN THE APPOINTMENT OF THE ADMINISTRATOR OF
 Probate of a will is proceeding in rem; THE ESTATE OF A DECEASED PERSON, THE
notice to all parties essential for its PRINCIPAL CONSIDERATION RECKONED WITH IS
validity. THE INTEREST IN THE SAID ESTATE OF THE ONE
 The lack of objection to the probate of a TO BE APPOINTED AS ADMINISTRATOR:
lost will does not relieve the proponent
thereof or the party interested in its  The widow would have the right of
probate from establishing its due succession over a portion of the exclusive
execution and proving clearly and property of the decedent, aside from her
distinctly the provision thereof by at least
share in the conjugal partnership.
(three) credible witnesses.

2. FLUMER VS HIX, 54 PHIL 610  For such reason, she would have as much,
WHERE IT IS DESIRED TO ESTABLISH THE if not more, interest in administering the
EXECUTION OF A WILL IN ANOTHER JURISDICTION, entire estate correctly than any other next
IT IS NECESSARY TO PROVE THAT THE TESTATOR
of kin.
HAD HIS DOMICILE IN THAT JURISDICTION AND
NOT IN THE PHILIPPINES:
 The law of a foreign jurisdiction do not  On this ground alone, the widow of a
prove themselves in our courts. deceased has every right and is very
 The courts of the Philippines are not much entitled to the administration of the
authorizes to take judicial notice of the estate of her husband since one who has
laws of the various States of the American greater interest in the estate is preferred
Union. to another who has less.
 Such laws must be proved by facts.
 The due execution of a will alleged to
have been executed in another FAILURE TO APPLY FOR LETTERS OF
jurisdiction must be established. ADMINISTRATION FOR THIRTY DAYS AFTER
DECEDENT’S DEATH IS NOT SUFFICIENT TO
EXCLUDE THE WIDOW FROM THE ADMINISTRATION
RULE 78 OF THE ESTATE OF HER HUSBAND:
1. There must be a very strong case to justify
1. GABRIEL VS COURT OF APPEALS, 212 the exclusion of the widow
SCRA 413
ADMINISTRATION OF DECEDENT ESTATE: ORDER THE ORDER OF PREFERENCE IS NOT
OF PREFERENCE IN THE ISSUANCE OF LETTERS OF ABSOLUTE AND MAY BE DISREGARDED
ADMINISTRATION TO BE OBSERVED IN
APPOINTING AN ADMINISTRATOR:
9
SPECPRO CASES NOTES
FOR VALID CAUSE AS SO MAY THE 30- THE ALLEGATION THAT A PETITIONER SEEKING
DAY PERIOD BE LIKEWISE WAIVED: LETTERS OF ADMINISTRATION IS AN INTERESTED
2. The letters of administration may be PERSON DOES NOT FALL WITHIN THE
granted to one or more of the principal
ENUMERATION OF JURISDICTIONAL FACTS:
creditor.

DETERMINATION OF A PERSON’S SUITABILITY FOR  A motion to dismiss may lie not on the
THE OFFICE OF JUDICIAL ADMINISTRATOR REST IN basis of lack of jurisdiction on the part of
THE SOUND JUDGMENT OF THE COURT the court, but rather on the ground of
EXERCISING THE POWER OF APPOINTMENT: lack of legal capacity to institute the
3. Court cannot be interfered with on appeal
proceedings.
unless the court is clearly in error.

THE REMOVAL OF AN ADMINISTRATOR DOES NOT  The jurisdictional facts alluded to are: the
LIE ON THE WHIM, CAPRICES AND DICTATES OF death of the testator, his residence at the
THE HEIRS OR BENEFICIARIES OF THE ESTATE: time of his death in the province where
the probate court is sitting or, if he is an
CO-ADMINISTRATOR; VARIOUS REASONS:
inhabitant of a foreign country, his having
left his estate in such province.
1. To have the benefit of their judgment and
perhaps at all times to have different
 If the intestate was not an inhabitant of
interests represented;
the state at the time of his death, and left
no assets in the state, and none came into
2. Where justice and equity demand that
it afterwards, no jurisdiction is conferred
opposing parties or factions be
on the court to grant letters of
represented in the management of the
administration in any county.
estate of the deceased; 25

INTERESTED PARTY: One who would be


3. Where the estate is large or, from any
benefited by the estate, such as an heir, or
cause, an intricate and perplexing one to
one who has a claim against the estate, such
settle;
as a creditor; this interest must be material
and direct, not merely indirect or contingent.
4. To have all interested persons satisfied
and the representatives to work in
harmony for the best interests of the
estate; and
IF A MOTION TO DISMISS IS NOT FILED, ANY OF
THE GROUNDS AVAILABLE FOR SUCH MOTION
5. When a person entitled to the
EXCEPT FOR IMPROPER VENUE MAY BE PLEADED
administration of an estate desires to have
AS AN AFFIRMATIVE DEFENSE AND A
another competent person associated with
PRELIMINARY HEARING MAY BE HAD THEREON:
him in the office.

 Excepted from the above rules are the


RULE 79 following grounds: (a) failure to state a
cause of action which may be alleged in a
1. PILIPINAS SHELL PETROLEUM later pleading if one is permitted, or by a
CORPORATION VS DUMLAO, 206 SCRA motion for judgment on the pleadings, or
40 at the trial on the merits; and (b) lack of
jurisdiction over the subject matter of the
action, subject to the exception as
hereinafter discussed.
10
SPECPRO CASES NOTES
JURISDICTION MAY BE RAISED AT ANY DISCOVERY OF WILL AFTER APPOINTMENT OF
STAGE OF THE PROCEEDINGS: ADMINISTRATOR; EFFECT OF:
 The discovery of a document purporting to
 However, a party who has affirmed and be the last will and testament of a
deceased, after the appointment of an
invoked it in a particular matter to secure administrator of the estate of the latter,
an affirmative relief cannot be allowed to upon the assumption that he or she had
afterwards deny that same jurisdiction to died intestate, does not ipso facto nullify
escape penalty. the letters of administration already
issued or even authorize the revocation
thereof, until the alleged will has been
“proved and allowed by the court.
APPOINTMENT OF ADMINISTRATOR; SURVIVING
SPOUSE IS NOT A STRANGER TO THE ESTATE OF
THE DECEASED:
RULE 82  A stranger to deceased may be
competent, capable and fit to administer
1. DEPARENO VS ARANZARENO, 116 her estate, in much the same as a
SCRA 157 member of her immediate family could be
OUSTER OF A PERSON OF THE RIGHT TO incompetent, incapable and unfit to do so.
INTERVENE IN INTESTATE PROCEEDINGS AS AN
HEIR IS NOT A GROUND FOR REVOCATION OF 3. MENDIOLA VS COURT OF APPEALS,
AUTHORITY TO ACT AS AN ADMINISTRATOR OF 190 SCRA 421
THE ESTATE:

 Having been appointed regular


administrator of the intestate estate, an THE REMOVAL OF AN ADMINISTRATOR UNDER
administrator may be removed from office SECTION 2 OF RULE 82 LIES WITHIN THE
but only for a cause or causes provided by DISCRETION OF THE COURT APPOINTING HIM:
law.
 The removal must be in accordance with
 The law on removal is found in Rule 82, the provisions of Section 2, Rule 82 of the
Section 2, of the Rules of Court Rules of Court;

 The determination of a person's suitability


AN ADMINISTRATOR DOES NOT HAVE TO for the office of judicial administrator
BE AN HEIR: rests, to a great extent, in the sound
 He can be a stranger to the deceased. judgment of the court exercising the
power of appointment and said judgment
2. ADVINCULA VS TEODORO, SR., 99
is not to be interfered with on appeal
PHIL 413
EXECUTOR NAMED IN THE WILL WHEN MAY BE unless the said court is clearly in error.
APPOINTED ADMINISTRATOR:
 The provision of the Rules of Court cannot
be enforced until after said document has
been allowed to probate, for the Rules 4. GONZALES VS AGUINALDO, 190 SCRA
provides: “When a will has been proved 112
and allowed, the court shall issue letters  The principal consideration is the
testamentary thereon to the person appointment of an administrator of the
named as executor therein, if he is estate of a deceased person is the interest
competent, accepts the trusts, and gives in said estate of the one to be appointed
bond as required by these rules.” as administrator.

11
SPECPRO CASES NOTES
 To justify removal of an administrator,
there must be evidence of an act or
omission on the part of the administrator CONDITIONS BEFORE DISTRIBUTION OF ESTATE
not conformable to or in disregard of the PROPERTIES CAN BE MADE: DISTRIBUTION CAN
rules or the orders of the court.
ONLY BE MADE:
 Temporary residence outside of the state
does not disqualify one to be an
administrator of the estate. (1) After all the debts, funeral charges,
 Removal of an administrator does not lie expenses of administration, allowance to
on the whims, caprices and dictates of the the widow, and estate tax have been
heirs or beneficiaries of the estate, or on paid; or
the belief of the court that it would result
in orderly and efficient administration. (2) Before payment of said obligations only if
the distributees or any of them gives a
5. GABRIEL VS COURT OF APPEALS
bond in a sum fixed by the court
(SUPRA)
conditioned upon the payment of said
6. SANTERO VS CFI OF CAVITE, 153 obligations within such time as the court
SCRA 728 directs, or when provision is made to meet
 Spouse interpreted to be the legitimate those obligations.
spouse, not common-law spouse.
 The estate tax is one of those
7. ESTATEOF HILARIO M. RUIZ VS
obligations that must be paid
COURT OF APPEALS, 252 SCRA 541
before distribution of the estate. If
not yet paid, the rule requires that
the distributees post a bond or
ALLOWANCES FOR SUPPORT UNDER SECTION 3 make such provisions as to meet
OF RULE 83 SHOULD NOT BE LIMITED TO THE the said tax obligation in proportion
“MINOR OR INCAPACITATED” CHILDREN OF THE to their respective shares in the
DECEASED: inheritance

 Article 188 of the Civil Code of the


Philippines, the substantive law in force at
the time of the testator’s death, provides THE PROBATE OF A WILL IS CONCLUSIVE AS TO ITS DUE
EXECUTION AND EXTRINSIC VALIDITY AND SETTLES
that during the liquidation of the conjugal
ONLY THE QUESTION OF WHETHER THE TESTATOR,
partnership, the deceased’s legitimate
BEING OF SOUND MIND, FREELY EXECUTED IT IN
spouse and children, regardless of their
ACCORDANCE WITH THE FORMALITIES PRESCRIBED BY
age, civil status or gainful employment,
LAW:
are entitled to provisional support from
the funds of the estate.
 Questions as to the intrinsic validity and
 The law is rooted on the fact that the right efficacy of the provisions of the will, the
and duty to support, especially the right to legality of any devise or legacy may be
education, subsist even beyond the age of raised even after the will has been
majority. authenticated.

 Grandchildren are not entitled to


provisional support from the funds of
“RULE 84 SEC. 3. AN EXECUTOR OR ADMINISTRATOR
the decedent’s estate.
SHALL HAVE THE RIGHT TO THE POSSESSION AND

12
SPECPRO CASES NOTES
MANAGEMENT OF THE REAL AS WELL AS THE PERSONAL COUNTERCLAIM; NECESSARY EXPENSE;
ESTATE OF THE DECEASED SO LONG AS IT IS COMPULSORY COUNTERCLAIM NOT SET UP
NECESSARY FOR THE PAYMENT OF THE DEBTS BARRED:

AND EXPENSES FOR ADMINISTRATION.”


 Claim for necessary expense as arising
from implied contract to; to be filed in
settlement of document’s estate.
 The right of an executor or administrator  Obligation arising ex lege are in the
to the possession and management of the common law system merged into the
real and personal properties of the category of obligations imposed by law
deceased is not absolute and can only be and all are denominated implied contracts;
exercised “so long as it is necessary for  Claims not yet due, or contingent may be
the payment of the debts and expenses of proved at their present value.
administration.
2. VILLANUEVA VS RAMOS,
HEIR’S RIGHT OF OWNERSHIP OVER THE 161 SCRA 363
PROPERTIES OF A PARENT IS MERELY INCHOATE (J) CLAIM FILED 7 YEARS AFTER
AS LONG AS THE ESTATE HAS NOT BEEN FULLY
SETTLED AND PARTITIONED: COURTS CAN EXTEND THE PERIOD WHICH TO
PRESENT CLAIMS AGAINST THE ESTATE EVEN
AFTER THE PERIOD LIMITED HAS LAPSED, BUT
 An executor is a mere trustee of an estate.
ONLY UNDER SPECIAL CIRCUMSTANCES:

 The funds of the estate are trust funds STATUTE OF NON-CLAIMS: MONEY CLAIM BARRED
and held to the duties and responsibilities BY THE STATUTE OF NON-CLAIM; PENDENCY OF
of a trustee of the highest order. CLAIM BEFORE THE NLRC, NOT SUFFICIENT
EXCUSE FOR BELATED FILING OF CLAIM;
 Appellant’s money claim, not seasonable
 An heir cannot unilaterally assign to
filed;
himself and possess all his parents’  Claim was filed 7 years from notice of
properties and the fruits thereof without publication, 2 years from approval of
first submitting an inventory and project of partition and many months after
appraisal of all real and personal the judgment was rendered.
properties of the deceased, rendering a  Absence any showing of excusable
true account of his administration, the negligence, mistake, accident or fraud
expenses of administration, the amount warranting interposition of a court equity,
the money claim may no longer be
of the obligations and estate tax, all of
allowed.
which are subject to a determination by
the court as to their veracity, propriety 3. ROBLEDO VS NLRC, 238
and justness. SCRA 52

(J) ER-EE RELATIONSHIP; CLAIM OF EMPLOYEE FOR


SALARY-PROBATE PROCEEDINGS
SIR ESCOLIN DOES NOT AGREE WITH THE DECISION;
THE RULES CANNOT CONFER JURISDICTION TO THE
COURTS. UNDER THE LABOR CODE, MUST BE WITH
RULE 86 THE NLRC.

1. MACLAN VS GARCIA 97 MONEY CLAIMS AGAINST AN ESTATE MUST BE


PHIL 119 FILED IN ACCORDANCE WITH SECTION 5 OR RULE
(J)OBLIGATION THAT ARISES FROM LAW, E.G., 86:
PAYMENT OF TAX; BUILDER IN GOOD FAITH-PRESENT AS  The rationale for the rule is that upon the
MONEY CLAIM
death of the defendant, a testate or
intestate proceeding shall be instituted in
13
SPECPRO CASES NOTES
the proper court wherein all his creditors  The rules provide that a contingent claim
must appear and file their claims which is to be presented in the administration
shall be paid proportionately out of the proceedings in the same manner as any
property left by the deceased. ordinary claim, and that when the
 The objective is to avoid duplicity of contingency arises which converts the
procedure. contingent claim into a valid claim, the
 Hence the ordinary actions must be taken court should then be informed that the
out from the ordinary courts. claim had already matured.
 Under Article 110 of the Labor Code,
money claims of laborer enjoy preference 6. ECHAUS VS BLANCO, 179
over claims of the other creditors in case SCRA 704
of bankruptcy or liquidation of the (J) SOME PART OF THE RULING NO LONGER
employer’s business. APPLICABLE; OLD RULE; WHEN A PARTY DIES
DURING THE PENDENCY OF THE CASE NOW RULE
4. JAUCIAN VS QUEROL, 38 3 SECTION 16; CLAIM THAT WAS ALLOWED
PHIL 707 CAN’T BE THE SUBJECT OF EXECUTION;
(J) ON SOLIDARY OBLIGATION
EXECUTOR AND ADMINISTRATOR:  Money claims against a defendant who
 When two persons are bound in solidum dies before a decision could be rendered
for the same debt and one of them dies, in the civil case should have been
the whole indebtedness can be proved instituted as a money claim in the
against the estate of the latter; intestate estate of the deceased.
 And if the claim is not presented to the  Although the money claim was pursued in
committee appointed to allow claims the civil case, it does not render the
against the estate within the time judgment null and void.
contemplated under the Rules, the same  The Ruled of Court allows a creditor to file
will be barred as against such estate. his claim after the period set by the court
 Contingent claim must be presented to the in the notice of creditor provided the
committee to hear claims against the conditions stated in the Rules are present;
estate within the time prescribed for the o The money claim against the estate
presentation of any other claim; may be allowed anytime before an
otherwise, they are barred. order of distribution is entered at
the discretion of the court for cause
5. BUAN VS LAYA 102 PHIL and upon such terms as are
682 equitable.
(J) ON CONTINGENT CLAIM THE RULES ALLOW ATTACHMENT FOR PURPOSES
OF EXECUTION OF THE INTEREST OF AN HEIR IN
A CONTINGENT CLAIM IS ONE WHICH, BY ITS THE ESTATE OF THE DECEDENT:
NATURE IS NECESSARILY DEPENDENT UPON AN  And not the attachment of the estate itself
UNCERTAIN EVENT FOR ITS EXISTENCE OR or any property therein for the satisfaction
VALIDITY: of a claim against the decedent.
 It may or may not develop into a valid
enforceable claim and its validity and The ordinary procedure by which to settle
enforceability depending upon an claims of indebtedness against the estate of a
uncertain event. deceased person is for the claimant to
present claim before the probate court so that
TEMPORARY DISMISSAL OF AN ACTION: said court may order the administrator to pay
CONTINGENT CLAIM NOT AFFECTED: the amount thereof:
 A contingent claim does not follow the
temporary orders of dismissal of an action Issuance of an order to direct payment of the
upon which it is based; money claim against the estate through
 It awaits the final outcome thereof and mandamus cannot be allowed because of the
only said final result can cause its issuance of the writ or preliminary injunction:
termination.

14
SPECPRO CASES NOTES
EVEN IF THE JUDGMENT CREDIT WERE ALLOWED appellant Bank sufficient cause of action
AS A CLAIM AGAINST THE ESTATE, IMMEDIATE to assert its claim against the estate of the
PAYMENT THEREOF BY THE ADMINISTRATOR OF deceased.
THE ESTATE IS NOT A MATTER OF RIGHT:
 Time for paying debts to be fixed by the 8. VDA DE JACOB V. COURT OF
probate court; APPEALS 312 SCRA 722
 A writ of mandamus will not issue to (J) ON THE ALTERNATIVES OF A MORTGAGEE
compel the judge to order payment of the
money claim; 9. CUIZON VS RAMOLETE, 129
 A judgment against the executor or SCRA 495
administrator shall be that he pay in due (J) GENARAL RULE: ON LIMITED JURISDICTION OF
COURT, CAN’T DETERMINE TITLE.
course of administration, the amount
ascertained to be due, and it shall not
A PROBATE COURT, WHETHER TESTATE OR
create a lien upon the property of the
INTESTATE, CANNOT ADJUDICATE OR DETERMINE
estate, or give the judgment creditor any
TITLE TO PROPERTIES CLAIMED TO BE A PART OF
priority in payment.
THE ESTATE AND WHICH ARE EQUALLY (CLAIMED
 It is essential to the issuance of writ of
TO BELONG TO OUTSIDE PARTIES:
mandamus that the plaintiff should have a
clear legal right to the thing demanded
and it must be the imperative duty of the  All that the said court could do as regards
defendant to perform the act required. said properties is to determine whether
they should or should not be included in
7. PNB VS VDA DE VILLARIN the inventory or list of properties to be
66 PHIL 590 administered by the administrator.
(J) ON REVIVAL OF JUDGMENT

JUDGMENT FOR MONEY AGAINST THE DECEDENT;  If there is no dispute, well and good; but if
WHERE CLAIMANT FILED CLAIM AGAINST THE there is, then the parties, the
DECEDENT INSTEAD OF FILING ACTION TO REVIVE administrator, and the opposing parties
MONEY JUDGMENT; FILING OF PETITION FOR have to resort to an ordinary action for a
ISSUANCE OF LETTERS OF ADMINISTRATION
final determination of the conflicting
WITHIN 10-YEAR PERIOD FOR REVIVAL OF
claims of title because the probate court
JUDGMENT:
 The filing of the petition for the issuance cannot do so.
of letters of administration is the first
concrete step to take so that the creditors
of the estate of the deceased may be
known and recognized. PROBATE COURT HAD NO AUTHORITY TO DEPRIVE
THIRD PERSONS OF THEIR POSSESSION AND
WHERE CLAIM CONSIDERED FILED WITHIN THE OWNERSHIP OF THE PROPERTY:
10-YEAR PERIOD:
 Filing of a petition for the issuance of
letters of administration in the settlement  When a property is in the possession of a
of the intestate estate can be made to third party and covered by a transfer
retroact to the date when the petition for certificate of title issued in the name of
letters of administration was filed with the such third party, the probate court should
lower court because that was actually the have excluded the property from the
time a party may made known to the court
inventory of the property of the estate.
that it has a claim against the estate of
the deceased.
 And thus having made known on time its  Probate court is without jurisdiction and it
claim against the estate of the deceased was unnecessary to first apply for relief
by means of its petition for the issuance of with the intestate court.
letters of administration in the settlement
of the intestate estate this, has given
15
SPECPRO CASES NOTES
13. GUANCO VS NATIONAL
10. BERNARDO V. CA, SUPRA BANK 54 PHIL 244
 The purpose of the proceeding is to elicit
11. ORTEGA VS CA 153 SCRA evidence, and the section does not, in
96 terms, authorize the court to enforce
(J) ON LIMITED JURISDICTION; DECLARATION OF HEIRS delivery of possession of the things
WITHIN THE COMPETENCE OF THE PROBATE COURT; ON involved.
WHETHER HEIRS ARE SIMULATED OR NOT, ONLY A  To obtain the possession, recourse must
PROVISIONAL FINDING OF OWNERSHIP; therefore generally be had to an ordinary
action.
DECLARATION OF HEIRS VOID IT HAVING BEEN ALREADY  The court could not compel the bank to
RESOLVED WITH FINALITY BY THE PROBATE COURT
surrender possession of the shares upon
WHOSE ORDER HAD ALREADY BECOME FINAL ABSENT
mere citation under the Rules.
AN APPEAL THEREFROM:
 But a probate court has not right to 14. VALERA VS INSERTO, 149
determine with finality the ownership SCRA 533
of a parcel of land
TO DETERMINE ISSUE OF TITLE:
12. CIRCA NILA DEVELOPMENT 1. All parties having legal interest consent
CORPORATION VS BAYLEN, 157 SCRA expressly or impliedly; OR
609 2. No prejudice to third party.
(J) ON LIMITED JURISDICTION
JURISDICTION OF PROBATE COURT; LIMITED AND
ISSUE: Whether or not the Regional Trial WITHOUT POWER TO DETERMINE THE ISSUE OF
Court, sitting as a probate court, may compel TITLE TO PROPERTY CLAIMED BY A THIRD PERSON
performance under a contract it had approved ADVERSELY TO THE DECEDENT: EXCEPTION:
incidental to its office as such a special court.  Unless the claimant and all the Other
parties having legal interest in the
property consent, expressly or impliedly,
A PROBATE COURT IS A TRIBUNAL OF LIMITED
to the submission of the question to the
JURISDICTION, AND ACTS ON MATTERS
Probate Court for adjudgment, or the
PERTAINING TO THE SETTLEMENT OF ESTATE BUT
interests of third persons are not thereby
NEVER ON RIGHT TO PROPERTY ARISING FROM
prejudiced;
CONTRACT:
O The reason for the exception being
 A probate court acts on matters
that the question of whether or not
pertaining to the estate but never on a particular matter should be
rights to property arising from resolved by the Court in the
contract. exercise of its general jurisdiction
 It approves contracts entered into for or of its limited jurisdiction as a
and on behalf of the estate or the heirs special court (e.g., probate, land
to it but this is by fiat of the Rules of registration, etc.), is in reality not a
Court. jurisdictional but in essence of
 In that case, judicial approval is procedural one, involving a mode of
necessary for the validity of such practice which may be waived.
contracts.
 It cannot, however, adjudicate the THIS FUNCTION OF RESOLVING WHETHER OR NOT
rights and obligations of the parties PROPERTY SHOULD BE INCLUDED IN THE ESTATE
thereto.
INVENTORY IS ONE CLEARLY WITHIN THE PROBATE
 Compliance with the terms and
COURT'S COMPETENCE:
conditions thereof may be compelled
by specific performance, jurisdiction
over which is vested in the Regional  But the Court's determination is only
Trial Court, acting as a court of general provisional in character, not conclusive,
jurisdiction. and is subject to the final decision in a

16
SPECPRO CASES NOTES
separate action that may be instituted by PAID OR THE DEVISEES OR LEGATEES SHALL HAVE
the parties. BEEN GIVEN THEIR SHARES:

 If a third person asserts a right to the  An heir may only sell his ideal or
property contrary to the decedent's, the undivided share in the estate, not any
Probate Court would have no authority to specific property therein.
resolve the issue; a separate action must
be instituted by the administrator to  Selling specific properties of the estate in
recover the property. favor of a third person could not lawfully
done pending the final adjudication of the
PROBATE COURT IS AUTHORIZED TO ADMIT A estate by the intestate court because of
COMPLAINT IN INTERVENTION AFTER OBTAINING THE the undue prejudice it would cause the
CONSENT OF ALL INTERESTED PARTIES TO ITS other claimants to the estate.
ASSUMPTION OF JURISDICTION OVER THE QUESTION OF
TITLE TO THE PROPERTIES: A COURT APPROVAL IS NECESSARY FOR THE
VALIDITY OF ANY DISPOSITION OF THE
DECEDENT’S ESTATE:

WHEN THE DETERMINATION BY THE PROBATE COURT OF  The sale of the property of the estate by
THE QUESTION OF TITLE TO THE PROPERTY WAS an administrator without the order of the
MERELY PROVISIONAL, IT CANNOT BE THE SUBJECT OF probate court is void and passes no title to
EXECUTION AND WHERE THE TORRENS TITLE TO THE the purchaser.
PROPERTY IS NOT IN THE DECEDENT’S NAME BUT IN
OTHERS;  Jurisprudence is clear that (1) any
disposition of estate property by an
 Primary jurisdiction over title in court administrator or prospective heir pending
taking cognizance of separate action is final adjudication requires court approval
deemed superior to the contrary order of and (2) any unauthorized disposition of
the probate court in the exercise of estate property can be annulled by the
provisional jurisdiction over the same probate court, there being no need for a
question. separate action to annul the unauthorized
disposition.

16. LEE V. RTC OF QUEZON CITY 423


SCRA 497
(J) AN HEIR CAN SELL HIS HEREDITARY RIGHTS
WITHOUT THE APPROVAL OF THE COURT THE INTESTATE COURT HAS THE POWER TO EXECUTE
ITS ORDER WITH REGARD TO THE NULLITY OF AN
WHERE THE APPROPRIATION OF ESTATE UNAUTHORIZED SALE OF ESTATE PROPERTY;
PROPERTIES IS INVALID, THE SUBSEQUENT SALE OTHERWISE ITS POWER TO ANNUL THE UNAUTHORIZED
THEREOF TO A THIRD PARTY WITHOUT COURT OR FRAUDULENT DISPOSITION OF ESTATE PROPERTY
APPROVAL IS LIKEWISE INVALID.
WOULD BE MEANINGLESS:

AN HEIR CAN ONLY ALIENATE SUCH PORTION OF


 Enforcement is a necessary adjunct of the
THE ESTATE THAT MAY BE ALLOTTED TO HIM IN intestate or probate court’s power to
THE DIVISION OF THE ESTATE BY THE PROBATE OR annul unauthorized or fraudulent
INTESTATE COURT AFTER FINAL ADJUDICATION, transactions to prevent the dissipation of
THAT IS, AFTER ALL DEBTORS SHALL HAVE BEEN estate property before final adjudication.

17
SPECPRO CASES NOTES
"INJURY TO PROPERTY" IS NOT LIMITED TO
INJURIES TO SPECIFIC PROPERTY, BUT EXTENDS
WHERE THE ISSUE IS THE EFFECT OF THE SALE MADE TO OTHER WRONGS BY WHICH PERSONAL ESTATE
BY THE DECEDENT’S HEIR WITHOUT THE REQUIRED IS INJURED OR DIMINISHED:
APPROVAL OF THE INTESTATE COURT, NOT WITH THE
ISSUE OF INCLUSION OR EXCLUSION OF PROPERTIES IN  To maliciously cause a party to incur
THE INVENTORY OF THE ESTATE, THE DETERMINATION unnecessary expenses, as charged in this
THEREON BY THE INTESTATE COURT IS NOT MERELY case, is certainly injurious to that party's
PROVISIONAL; property

THE TITLE OF A PURCHASE OF AN ESTATE PROPERTY 18. SHECKER V. ESTATE OF ALICE O.


CAN BE STRUCK DOWN BY THE INTESTATE COURT AFTER SCHECKER 540 SCRA 111
(J) ON FILING OF MONEY CLAIM: NOT INITIATORY THAT
A CLEAR SHOWING OF THE NULLITY OF THE
REQUIRES CERTIFICATION AGAINST FORUM SHOPPING
ALIENATION.

SEC. 2. APPLICABILITY OF RULES OF CIVIL ACTIONS.


- IN THE ABSENCE OF SPECIAL PROVISIONS, THE RULES
PROVIDED FOR IN ORDINARY ACTIONS SHALL BE, AS
17. AGUAS VS LLEMOS, 5 SCRA 959 FAR AS PRACTICABLE, APPLICABLE IN SPECIAL
(J) FACTS: P FILED ACTION TO RECOVER DAMAGES FOR PROCEEDINGS:
THE MALICIOUS ACT OF D. D DIED BEFORE FILING AN  Nowhere in the Rules of Court does it
ANSWER. HELD: CONCEPT OF TORT NOT LIMITED categorically say that rules in ordinary
ONLY TO NEGLIGENCE. INJURY TO PROPERTY. actions are inapplicable or merely
suppletory to special proceedings.
CLAIM AGAINST THE ESTATE OF THE DECEASED;  Provisions of the Rules of Court requiring a
ACTION THAT ARE ABATED BY DEATH: certification of non-forum shopping for
1. Claims for funeral expenses and those complaints and initiatory pleadings, a
for the last sickness of the decedent; written explanation for non-personal
2. Judgment for money service and filing, and the payment of
3. All claims for money against the filing fees for money claims against an
decedent, arising from contract estate would not in any way obstruct
express of implied. probate proceedings, thus, they are
THE PHRASE “CONTRACT EXPRESS OR IMPLIED” applicable to special proceedings such as
INCLUDES ALL PURELY PERSONAL OBLIGATION OTHER the settlement of the estate of a deceased
THAN THOSE WHICH HAVE THEIR SOURCE IN DELICT OR person.
TORT.
THE CERTIFICATION OF NON-FORUM SHOPPING IS
REQUIRED ONLY FOR COMPLAINTS AND OTHER
ACTIONS THAT SURVIVE AGAINST A DECEDENT'S INITIATORY PLEADINGS:
EXECUTORS OR ADMINISTRATORS:  A contingent money claim against the
estate of a decedent is not an initiatory
1. Actions to recover real and personal pleading;
property from the estate;  A probate proceeding is initiated upon the
filing of the petition for allowance of the
decedent’s will;
2. Actions to enforce a lien thereon; and
 A contingent claim, not being an initiatory
pleading does not require a certification
3. Actions to recover damages for an injury against non-forum shopping.
to person or property.  Non-payment of filing fees for a money
claim against the estate is not one of the

18
SPECPRO CASES NOTES
grounds for dismissing claim against the the sale of property for payment of debts
estate. of a deceased person.

19. NITTSCHER V. NITTSCHER 537 2. BONAGA V. SOLER, 2 SCRA 755


SCRA 681 (J) REQUISITES ARE MANDATORY WITHOUT THEM THE
(J) ON FILING OF PETITION FOR LETTERS AUTHORITY TO SALE, AS WELL AS THE SALE ITSELF,
TESTAMENTARY; NOT INITIATORY THAT REQUIRES ARE NULL AND VOID.
CERTIFICATION AGAINST FORUM SHOPPING;
WHERE THE AUTHORITY TO SELL PROPERTY
WHERE THE PETITION FOR THE ISSUANCE OF LETTERS UNDER ADMINISTRATION IS ISSUED WITHOUT
TESTAMENTARY IS BUT A MERE CONTINUATION OF THE NOTICE TO ALL THE HEIRS AND HEARING OF THE
ORIGINAL PETITION FOR THE PROBATE OF THE APPLICATION, SUCH AUTHORITY TO SELL AS WELL
DECEDENT’S WILL, IT IS NOT AN INITIATORY AS THE SALE ITSELF AND THE ORDER APPROVING
PLEADINGS: IT ARE NULL AND VOID AB INITIO:
 Hence, failure to include a certification  The rules does not distinguish between
against forum shopping is not a ground for heirs residing in the Philippines and those
outright dismissal of the said petition. residing outside, its requirements apply
regardless of the place of residence of
THE ALLOWANCE OF A WILL IS CONCLUSIVE ONLY AS TO those required to be notified.
ITS DUE EXECUTION:  Where there is no showing that sale was
 The authority of the probate court is made for the purpose of paying debts or
limited to ascertaining whether the expenses of the administration, such rule
testator, being of sound mind, freely does not apply.
executed the will in accordance with the  Successor of administrator is not estopped
formalities prescribed by law. to question the acts of his predecessor.
 Thus, any claim of title to the properties
forming part of an estate should be settled 3. MANECLANG V. BAUN 208 SCRA 179
in an ordinary action before the regular (J) NOTICE TO COUNSEL IS NOTICE TO HEIRS, THE 2
courts THAT ARE OF AGE NOT REPRESENTED BY COUNSEL. IF
MINORS, SERVE TO GUARDIAN AD LITEM NOT LEGAL
GUARDIAN.

ISSUE: The validity of a sale of a parcel of


land by the administrator of an intestate
RULE 89 estate made pursuant to a petition for
authority to sell and an order granting it
1. INTESTATE ESTATE OF JANUARIA which were filed and entered, respectively,
GONZALES V. DE GUIA 72 PHIL 245
without notice to the heirs of the decedents.
(J) RIGHT OF REDEMPTION IF SALE IS ORDERED BY THE
PROBATE COURT; HEIRS NO RIGHT BECAUSE SALE
CONSIDERED FINAL. ONLY THE PROCEDURE FOR FOR THE PURPOSE OF COMPLYING WITH THE
SELLING UNDER RULE 39 IS APPLICABLE AND NOT THE REQUIREMENT OF NOTICE UNDER RULE 89 OF THE
REDEMPTION. RULES OF COURT, IT DOES NOT FOLLOW THAT NOTICE
TO THE FATHER IS NOTICE TO THE CHILDREN:
SALE ORDERED BY PROBATE COURT;
REDEMPTION:  If the heirs were duly represented by
 In the administration and liquidation of the counsel or by a guardian ad litem in the
estate of a deceased person, sales case of the minors, the notice may be
ordered by the probate court for payment given to such counsel or guardian ad
of debts are final and are not subject to
litem.
legal redemption.
 Unlike in ordinary execution sales, there is
no legal provision allowing redemption in

19
SPECPRO CASES NOTES
 The requisite set forth in the aforesaid remaining estate is delivered to the heirs
sections of Rule 89 are mandatory and to receive the same.
essential.  The finality of the approval of the project
of partition by itself alone does not
terminate the probate proceedings.
 Without them, the authority to sell, the
sale itself and the order approving it would
be null and void ab initio because heirs are IN PROBATE PROCEEDINGS THE COURT:
the persons directly affected by the sale or
mortage and therefore cannot be deprived 1. Orders the probate of the will of the
of the property except in the manner decedent
provided by law.
2. Grants letters of administration to the
party best entitled thereto or to any
qualified applicant supervises and controls
A DECEDENT'S REPRESENTATIVE IS NOT ESTOPPED all acts of administration;
TO QUESTION THE VALIDITY OF HIS OWN VOID
DEED PURPORTING TO CONVEY LAND: 3. Hears and approves claims against the
estate of the deceased,
 And if this be true of the administrator as
to his own acts, a fortiori, his successor 4. Orders payment of lawful debts
cannot be estopped to question the acts of
his predecessor are not conformable to 5. Authorizes sale, mortgage or any
law." encumbrance of real estate, directs the
delivery of the estate to those entitled
 Not being the party who petitioned the thereto.
court for authority to sell and who
executed the sale, an heir cannot be held
liable for any act or omission which could
give rise to estoppel. JUDICIAL REVOCATION OR MODIFICATION OF
LEASE CONTRACT:

4. MANOTOK REALTY INC. V. CA 149  If the probate court has the right to
SCRA 174 approve the lease, so may it order its
SALE OF IMMOVABLE PROPERTY OF DECEDENT’S revocation, or the reduction of the subject
ESTATE IS A SPECIAL PROCEEDINGS NEED COURT
of the lease.
APPROVAL.

 The matter of giving the property to a


lessee is an act of administration, also
Rule 90 subject to the approval of the court.

1. TIMBOL V. CANO, 1 SCRA 1271


(J)EVEN IF THERE IS ALREADY ORDER OF
2. SOLIVIO V. COURT OF APPEALS, 182
DISTRIBUTION, THE COURT RETAINS JURISDICTION
SCRA 119
WHEN THERE IS NO DISTRIBUTION YET.
TRIAL COURT HAS NO JURISDICTION TO
ENTERTAIN AN ACTION FOR PARTITION AND
WHEN PROBATE COURT LOSES JURISDICTION OVER
RECOVERY OF PROPERTIES BELONGING TO THE
ESTATE UNDER ADMINISTRATION:
ESTATE OF A DECEASED PERSON WHILE THE
 The probate court loses jurisdiction over PROBATE PROCEEDINGS FOR THE SETTLEMENT OF
an estate under administration only after
the payment of all the debts and after the
20
SPECPRO CASES NOTES
SAID ESTATE ARE STILL PENDING IN ANOTHER
BRANCH OF THE SAME COURT: 3. DE GUZMAN V. SEVILLA 47 PHIL 991

 As long as the order of the distribution of The persons entitled to succeed a natural
the estate has not been complied with, the child in an intestate succession are the
mother or mother who acknowledged it, and
probate proceedings cannot be deemed
in default of either, its natural brothers:
closed and terminated because a judicial  Although there are no relative entitled to
partition is not final and conclusive succeed the deceased, it is however
and does not prevent the heirs from premature to award the estate to the
bringing an action to obtain his share, State before the requirements of the Rules
provided the prescriptive period therefore are complied.
has not elapsed;
4. DIVINO V. HILARIO 62 PHIL 926
 The better practice, however, for the heir
who has not received his share, is to GUARDIANSHIP
demand his share through a proper
motion in the same probate or 1. CUI V. PICCIO 91 P 712
administration proceedings, or for (J) GUARDIANSHIP COURT HAS LIMITED JURISDICTION;
DETERMINATION OF TITLE TO A PROPERTY IN
reopening of the probate or administrative
GUARDIANSHIP PROCEEDINGS IS BEYOND ITS
proceedings if it had already been closed,
JURISDICTION.
and not through an independent action  Neither in guardianship proceedings nor in
which would be tried by another court or administration proceedings may the court
Judge which may thus reverse a decision determining the ownership of property
or order of the probate or intestate court claimed by the gurdian or administrator to
already final and executed and re-shuffle belong to the ward or to the estate of the
properties long ago distributed and deceased, and order its delivery to them.
disposed of.
2. LINDAIN V. CA 212 S 725
(J) PARENT’S SALE OF PROPERTY BELONGING TO
MINOR CHILDREN IS NULL AND VOID IF WITHOUT
RULE 91 COURT APPROVAL.
1. REPUBLIC VS CFI MANILA, 167 SCRA
11 A PARENT, ACTING MERELY AS THE LEGAL (AS
(J) ON VENUE; WHERE THE RES IS SITUATED DISTINGUISHED FROM JUDICIAL) ADMINISTRATOR
THE BANK IS THE REAL PARTY IN INTEREST FOR THE OF THE PROPERTY OF HIS/HER MINOR CHILDREN,
ESCHEAT OF DORMANT DEPOSIT IN FAVOR OF THE DOES NOT HAVE THE POWER TO DISPOSE OF, OR
GOVERNMENT: ALIENATE, THE PROPERTY OF SAID CHILDREN
WITHOUT JUDICIAL APPROVAL:
2. MUNICIPALITY OF MAGALLON VS
BEZORE 109 PHIL 829. OCT. 26, 1960
 The powers and duties of the widow as
THE JURISDICTION ACQUIRED BY A COURT TO legal administrator of her minor children's
HEAR A PETITION FOR ESCHEAT BY VIRTUE OF property as provided in Rule 84 by the
PUBLICATION CANNOT BE CONVERTED INTO ONE Rules of Court entitled, "General Powers
FOR THE DISTRIBUTION OF THE PROPERTIES OF and Duties of Executors and
THE SAID DECEDENTS: Administrators" are only powers of
 For such proceedings (for the distribution possession and management.
of the estate of the decedents) to be
instituted, the proper parties must be
presented and the proceedings should  Her power to sell, mortgage, encumber or
comply with the requirements of the Rules otherwise dispose of the property of her
of Court. minor children must proceed from the

21
SPECPRO CASES NOTES
court, as provided in Rules of Court which THE ORDER OR IN THE TITLE OF THE PETITION
requires court authority and approval. DEFEATS THE VERY PURPOSE OF THE REQUIRED
PUBLICATION:
 The ordinary reader only glances fleetingly
GOOD FAITH NEGATED BY KNOWLEDGE OF LACK at the caption of the published order or
OF JUDICIAL AUTHORITY TO ENTER INTO the title of the petition in a special
TRANSACTION: proceeding.
 Hence, only if the caption or the title
RULE 103 strikes him does he proceed to read the
contents of the order.
1. REPUBLIC V. ZOSA, G.R. NO. 48762,  And the probability is great that he does
SEPTEMBER 12, 1988 not at all notice the other names or aliases
(J) THE TITLE OF THE PETITION SHOULD INCLUDE (1) of the applicant if these are mentioned
THE APPLICANT'S REAL NAME, (2) HIS ALIASES OR only in the body of the order or petition.
OTHER NAMES, IF ANY, AND (3) THE NAME SOUGHT TO  If the petition in the case and the order
BE ADOPTED, OTHERWISE THE COURT WILL NOT setting it for hearing are defective, the
ACQUIRE JURISDICTION OVER THE CASE. lower court did not acquire jurisdiction
over the proceeding.
THE PROCEEDING FOR A CHANGE OF NAME IS A
PROCEEDING IN REM: 2. REPUBLIC V. MARCOS, G.R. NO. L-
 Jurisdiction to hear and determine the 31065, FEBRUARY 15, 1990
petition for change of name is acquired (J) THE COURT HAS NO JURISDICTION WHERE AN ALIAS
after due publication of the order IS OMITTED IN THE CAPTION; CHANGE OF NAME TO
containing certain data, among which is ADOPT THE SURNAME OF THE STEPFATHER NOT
the name sought to be adopted, a matter ALLOWED; FILING OF A PETITION FOR CHANGE OF
which should be indicated in the title of NAME BY A PARENT ON BEHALF OF A MINOR CHILD IS
the petition. PREMATURE.

IN A PETITION FOR CHANGE OF NAME THE TITLE ALL ALIASES OF THE APPLICANT MUST BE SET
OF THE PETITION SHOULD INCLUDE THE FORTH IN THE TITLE OF THE PUBLISHED PETITION:
FOLLOWING:  For the omission of any of such aliases,
(1) The applicant's real name would be fatal to the petition even if such
(2) His aliases or other names, if any, and other aliases are mentioned in the body of
(3) The name sought to be adopted even if the petition.
these data are found in the body of the
petition. THE FOLLOWING HAVE BEEN CONSIDERED VALID
GROUNDS FOR A CHANGE OF NAME:
FOR THE PUBLICATION TO BE VALID AND (1) When the name is ridiculous,
EFFECTIVE: dishonorable, or extremely difficult to
 The published order should reproduce the write or pronounce;
title of the petition containing the data (2) When the change results as a legal
already stated and should contain correct consequence, as in legitimation;
information as to (1) the name or names (3) When the change will avoid confusion
of the applicant; (2) the cause for the (4) Having continuously used and been known
changed name, and (3) the new name since childhood by a Filipino name,
asked for; unaware of his alien parentage; or
 The failure to include the name sought to (5) A sincere desire to adopt a Filipino name
be adopted in the title of the petition nor to erase signs of former alienage all in
in the title or caption of the notices good faith and not to prejudice anybody
published in the newspapers renders the
trial court without jurisdiction to hear and THE GENERAL RULE IS THAT A CHANGE OF NAME
determine the petition. SHOULD NOT BE PERMITTED IF IT WILL GIVE A
FALSE IMPRESSION OF FAMILY RELATIONSHIP TO
THE NON-INCLUSION OF ALL THE NAMES OR ANOTHER WHERE NONE ACTUALLY EXISTS:
ALIASES OF THE APPLICANT IN THE CAPTION OF
22
SPECPRO CASES NOTES
 The law do not authorize legitimate DOES NOT SANCTION A CHANGE OF FIRST NAME
children to adopt the surname of a person ON THE GROUND OF SEX REASSIGNMENT.
not their father, for to allow them to adopt  Before a person can legally change his
the surname of their mother's husband, given name, he must present proper or
who is not their father, can result in reasonable cause or any compelling
confusion of their paternity. reason justifying such change.
 In addition, he must show that he will be
THE PETITION FOR CHANGE OF NAME MUST BE prejudiced by the use of his true and
FILED BY THE PERSON DESIRING TO CHANGE official name.
HIS/HER NAME, EVEN IF IT MAY BE SIGNED AND  In this case, he failed to show, or even
VERIFIED BY SOME OTHER PERSON IN HIS allege, any prejudice that he might suffer
BEHALF: as a result of using his true and official
 Only upon reaching the age of majority name.
that a petitioner may file the petition to
change his or her name. THE PETITION IN THE TRIAL COURT IN SO FAR AS
 The decision to change her name, the IT PRAYED FOR THE CHANGE OF PETITIONER’S
reason for the change, and the choice of a FIRST NAME WAS NOT WITHIN THAT COURT’S
new name and surname shall be his/hers PRIMARY JURISDICTION AS THE PETITION SHOULD
alone to make. HAVE BEEN FILED WITH THE LOCAL CIVIL
 It must be her personal decision. No one REGISTRAR CONCERNED, ASSUMING IT COULD BE
else may make it for her. The reason is LEGALLY DONE:
obvious.  It was an improper remedy because the
proper remedy was administrative, that is,
Rule 108 that provided under RA 9048.
 It was also filed in the wrong venue as the
1. SILVERIO V. REPUBLIC 537 SCRA 373 proper venue was in the Office of the Civil
(J) CHANGE OF FIRST NAME AND SEX ON THE GROUND Registrar of Manila where his birth
OF SEX REASSIGNMENT IS NOT ALLOWED. certificate is kept.
 More importantly, it had no merit since the
RA 9048 NOW GOVERNS THE CHANGE OF FIRST use of his true and official name does not
NAME. IT VESTS THE POWER AND AUTHORITY TO prejudice him at all.
ENTERTAIN PETITIONS FOR CHANGE OF FIRST
NAME TO THE CITY OR MUNICIPAL CIVIL NO LAW ALLOWS THE CHANGE OF ENTRY IN
REGISTRAR OR CONSUL GENERAL CONCERNED: THE BIRTH CERTIFICATE AS TO SEX ON THE
 Jurisdiction over applications for change of GROUND OF SEX REASSIGNMENT:
first name is now primarily lodged with the  The determination of a person’s sex
aforementioned administrative officers. appearing in his birth certificate is a legal
 The intent and effect of the law is to issue and the court must look to the
exclude the change of first name from the statutes.
coverage of Rules 103 (Change of Name)  In this connection, Article 412 of the Civil
and 108 (Cancellation or Correction of Code provides: ART. 412. No entry in the
Entries in the Civil Registry) of the Rules of civil register shall be changed or corrected
Court, until and unless an administrative without a judicial order.
petition for change of name is first filed TOGETHER WITH ARTICLE 376 OF THE CIVIL
and subsequently denied. CODE, THIS PROVISION WAS AMENDED BY RA
 It likewise lays down the corresponding 9048 IN SO FAR AS CLERICAL OR
venue, form and procedure. TYPOGRAPHICAL ERRORS ARE INVOLVED:
 In sum, the remedy and the proceedings  The correction or change of such matters
regulating change of first name are can now be made through administrative
primarily administrative in nature, not proceedings and without the need for a
judicial. judicial order.
 In effect, RA 9048 removed from the ambit
A CHANGE OF NAME DOES NOT ALTER ONE’S of Rule 108 of the Rules of Court the
LEGAL CAPACITY OR CIVIL STATUS. RA 9048 correction of such errors.

23
SPECPRO CASES NOTES
 Rule 108 now applies only to substantial THE DETERMINATION OF A PERSON’S SEX
changes and corrections in entries in the APPEARING IN HIS BIRTH CERTIFICATE IS A LEGAL
civil register.23 ISSUE AND THE COURT MUST LOOK TO THE
SECTION 2(C) OF RA 9048 DEFINES WHAT A STATUTES. IN THIS CONNECTION, ARTICLE 412
"CLERICAL OR TYPOGRAPHICAL ERROR" IS: OF THE CIVIL CODE PROVIDES:
 "Clerical or typographical error" refers to a  ART. 412. No entry in a civil register shall
mistake committed in the performance of be changed or corrected without a judicial
clerical work in writing, copying, order.
transcribing or typing an entry in the civil  Together with Article 376[16] of the Civil
register that is harmless and innocuous, Code, this provision was amended by
such as misspelled name or misspelled Republic Act No. 9048[17] in so far as
place of birth or the like, which is visible to clerical or typographical errors are
the eyes or obvious to the understanding, involved.
and can be corrected or changed only by  The correction or change of such matters
reference to other existing record or can now be made through administrative
records: Provided, however, That no proceedings and without the need for a
correction must involve the change of judicial order.
nationality, age, status or sex of the  In effect, Rep. Act No. 9048 removed from
petitioner. the ambit of Rule 108 of the Rules of Court
 Under RA 9048, a correction in the civil the correction of such errors.
registry involving the change of sex is not  Rule 108 now applies only to
a mere clerical or typographical error. substantial changes and corrections
 It is a substantial change for which in entries in the civil register.
the applicable procedure is Rule 108
of the Rules of Court. UNDER REP. ACT NO. 9048, A CORRECTION IN
THE ACTS, EVENTS OR FACTUAL ERRORS THE CIVIL REGISTRY INVOLVING THE CHANGE OF
CONTEMPLATED UNDER ARTICLE 407 OF THE CIVIL SEX IS NOT A MERE CLERICAL OR TYPOGRAPHICAL
CODE INCLUDE EVEN THOSE THAT OCCUR AFTER ERROR. IT IS A SUBSTANTIAL CHANGE FOR WHICH
BIRTH.A HOWEVER, NO REASONABLE INTERPRETATION THE APPLICABLE PROCEDURE IS RULE 108 OF
OF THE PROVISION CAN JUSTIFY THE CONCLUSION THAT THE RULES OF COURT:
IT COVERS THE CORRECTION ON THE GROUND OF SEX
REASSIGNMENT. THE ENTRIES ENVISAGED IN ARTICLE 412 OF THE
 To correct simply means "to make or set CIVIL CODE AND CORRECTABLE UNDER RULE 108
aright; to remove the faults or error from" OF THE RULES OF COURT ARE THOSE PROVIDED
while to change means "to replace IN ARTICLES 407 AND 408 OF THE CIVIL CODE:
something with something else of the ART. 407. Acts, events and judicial decrees
same kind or with something that serves concerning the civil status of persons shall be
as a substitute." recorded in the civil register.
 The birth certificate of petitioner ART. 408. The following shall be entered in the
contained no error. civil register:
 All entries therein, including those (1) Births; (2) marriages; (3) deaths; (4) legal
corresponding to his first name and sex, separations; (5) annulments of marriage; (6)
were all correct. No correction is judgments declaring marriages void from the
necessary. beginning; (7) legitimations; (8) adoptions; (9)
"STATUS" REFERS TO THE CIRCUMSTANCES acknowledgments of natural children; (10)
AFFECTING THE LEGAL SITUATION (THAT IS, THE naturalization; (11) loss, or (12) recovery of
SUM TOTAL OF CAPACITIES AND INCAPACITIES) OF citizenship; (13) civil interdiction; (14) judicial
A PERSON IN VIEW OF HIS AGE, NATIONALITY AND determination of filiation; (15) voluntary
HIS FAMILY MEMBERSHIP: emancipation of a minor; and (16) changes of
name. The acts, events or factual errors
2. REPUBLIC V. CAGANDAHAN 565 SCRA contemplated under Article 407 of the Civil
72 Code include even those that occur after
CHANGE OF FIRST NAME AND SEX ON THE GROUND OF birth.
A MEDICAL CONDITION KNOWN AS CAH IS ALLOWED.

24
SPECPRO CASES NOTES
RULE 109 IN SUMMARY JUDICIAL PROCEEDINGS UNDER THE
1. BRIONES V. HENSON-CRUZ 563 SCRA FAMILY CODE, THERE IS NO REGLEMENTARY
69 PERIOD WITHIN WHICH TO PERFECT AN APPEAL,
PRECISELY BECAUSE JUDGMENTS RENDERED
BY THE EXPRESS TERMS OF THE RULES, THE
THEREUNDER, BY EXPRESS PROVISION OF
RULING ON THE EXTENT OF THE SPECIAL
ADMINISTRATOR'S COMMISSION - EFFECTIVELY, A SECTION 247, FAMILY CODE, SUPRA, ARE
CLAIM BY THE SPECIAL ADMINISTRATOR AGAINST "IMMEDIATELY FINAL AND EXECUTORY"
THE ESTATE - IS THE LOWER COURT'S LAST WORD
ON THE MATTER AND ONE THAT IS APPEALABLE:  It was erroneous, therefore, on the part of
 From an estate proceeding perspective, the RTC to give due course to the
the Special Administrator's commission is
Republic’s appeal and order the
no less a claim against the estate than a
claim that third parties may make. transmittal of the entire records of the
 Section 8, Rule 86 of the Rules recognizes case to the Court of Appeals.
this when it provides for "Claim of
Executor or Administrator Against an
Estate."
 Under Section 13 of the same Rule, the AN APPELLATE COURT ACQUIRES NO
action of the court on a claim against the JURISDICTION TO REVIEW A JUDGMENT WHICH, BY
estate "is appealable as in ordinary EXPRESS PROVISION OF LAW, IS IMMEDIATELY
cases."
FINAL AND EXECUTORY:
 "The test to ascertain whether or not an
order is interlocutory or final is - Does it
leave something to be done in the  "The right to appeal is not a natural right
trial court with respect to the merits nor is it a part of due process, for it is
of the case? If it does, it is merely a statutory privilege."
interlocutory; if it does not it is final."
 Since, by express mandate of Article 247
2. MARINDUQUE MINING AND
INDUSTRIAL CORPORATION VS COURT of the Family Code, all judgments
OF APPEALS 567 SCRA 483 rendered in summary judicial proceedings
(J) ON MULTIPLE APPEALS. WHETHER THIS DECISION in Family Law are "immediately final and
ALSO APPLIES TO SPECIAL PROCEDDINGS. NO, ALWAYS executory", the right to appeal was not
RECORD ON APPEAL. granted to any of the parties therein.

IN A CASE WHERE THE TRIAL COURT FULLY AND


FINALLY RESOLVED ALL CONCEIVABLE ISSUES IN
 The Republic of the Philippines, as
THE COMPLAINT FOR EXPROPRIATION, THERE IS oppositor in the petition for declaration of
NO NEED TO FILE A RECORD ON APPEAL SINCE presumptive death, should not be treated
THE ORIGINAL RECORDS COULD ALREADY BE SENT differently. It had no right to appeal the
TO THE APPELLATE COURT: RTC decision.
 If the trial court had no more issue to
resolve, there was no reason why the
original records of the case must remain
HABEAS CORPUS
with the trial court.
ON CONSTRUCTIVE RESTRAINT
 Hence, there is no need to file a record on A) VILLAVICENCIO V. LUKBAN 39 PHIL
appeal because the original records could 7778
already be sent to the appellate court. (J) WOMEN OF ILL REPUTE SENT TO DAVAO WHO
WERE DEPRIVED OF LOCOMOTION
3. REPUBLIC V. BERMUDEZ-LORINO 449 SCRA
57
(J) DECISIONS UNDER FAMILY CODE ARE FINAL AND
THE REMEDIES OF THE UNHAPPY VICTIMS OF
EXECUTORY. THERE IS NO APPEAL.
OFFICIAL OPPRESSION? THE REMEDIES OF THE

25
SPECPRO CASES NOTES
CITIZEN ARE THREE:(1) CIVIL ACTION; (2)
CRIMINAL ACTION, AND (3) HABEAS CORPUS:
A PRIME SPECIFICATION OF AN APPLICATION FOR
 That the act may be a crime and that the A WRIT OF HABEAS CORPUS IS RESTRAINT OF
persons guilty thereof can be proceeded LIBERTY:
against, is no bar to the institution of
habeas corpus proceedings.  The essential object and purpose of the
writ of habeas corpus is to inquire into all
manner of involuntary restraint as
distinguished from voluntary, and to
THE WRIT OF HABEAS CORPUS WAS DEVISED AND relieve a person therefrom if such restraint
EXISTS AS A SPEEDY AND EFFECTUAL REMEDY TO is illegal.
RELIEVE PERSONS FROM UNLAWFUL RESTRAINT,
AND AS THE BEST AND ONLY SUFFICIENT DEFENSE  Any restraint which will preclude
OF PERSONAL FREEDOM: freedom of action is sufficient.

 Any further rights of the parties are left


untouched by decision on the writ, whose
principal purpose is to set the individual at IF THE RESPONDENT IS WITHIN THE JURISDICTION
liberty. OF THE COURT AND HAS IT IN HIS POWER TO
OBEY THE ORDER OF THE COURT AND THUS TO
UNDO THE WRONG THAT HE HAS INFLICTED, HE
SHOULD BE COMPELLED TO DO SO:
WHERE IT IS IMPOSSIBLE FOR A PARTY TO SIGN
AN APPLICATION FOR THE WRIT OF HABEAS  Even if the party to whom the writ is
CORPUS: addressed has illegally parted with the
custody of a person before the application
 It was consequently proper for the writ to for the writ is no reason why the writ
be submitted by persons in their behalf. should not issue.

TO AVOID UNNECESSARY EXPENSE AND


INCONVENIENCE, PETITIONS FOR HABEAS
CORPUS SHOULD BE PRESENTED TO THE NEAREST FOR THE RESPONDENTS TO HAVE FULFILLED THE
JUDGE OF THE COURT OF FIRST INSTANCE: COURT'S ORDER, THREE OPTIONAL COURSES
WERE OPEN:
 But this is not a hard and fast rule.
(1) They could have produced the bodies of
 The writ of habeas corpus may be granted the persons according to the command of
by the Supreme Court or any judge the writ; or
thereof enforcible anywhere in the
Philippine Islands. (2) They could have shown by affidavit that
on account of sickness or infirmity those
 Whether the writ shall be made returnable persons could not safely be brought
before the Supreme Court or before an before the court; or
inferior court rests in the discretion of the
Supreme Court and is dependent on the (3) They could have presented affidavits to
particular circumstances. show that the parties in question or their
attorney waived the right to be present.

26
SPECPRO CASES NOTES
involuntary but are unnecessary, and
where a deprivation of freedom originally
THE POWER TO PUNISH FOR CONTEMPT OF valid has later become arbitrary.
COURT SHOULD BE EXERCISED ON THE
3. SAULO V. CRUZ 105 PHIL 315
PRESERVATIVE AND NOT ON THE VINDICTIVE
WHEN A WRIT OF HABEAS CORPUS IS,
PRINCIPLE: COMFORMABLY TO LAW, MADE RETURNABLE TO A
COURT OTHER THAN THAT ISSUING THE WRIT, THE
 Only occasionally should the court invoke COURT TO WHICH THE WRIT IS RETURNED OR THE
its inherent power in order to retain that JUDGE THEREOF POSSESSES FULL AUTHORITY TO
EXAMINE ALL ISSUES RAISED IN THE CASE AND TO
respect without which the administration
SETTLE THE SAME:
of justice must falter or fail.
WRIT OF HABEAS CORPUS PLAYS A ROLE
 When one is commanded to produce a SOMEWHAT COMPARABLE TO A SUMMONS, IN
certain person and does not do so, and ORDINARY CIVIL ACTIONS, IN THAT, BY SERVICE
does not offer a valid excuse, a court OF SAID WRIT, THE COURT ACQUIRES
JURISDICTION OVER THE PERSON OF THE
must, to vindicate its authority, adjudge
RESPONDENT:
the respondent to be guilty of contempt,
 Once authority over the latter has thus
and must order him either imprisoned or been established, the appellate court
fined. issuing the writ, or the court of first
instance to which the writ has been made
 An officer's failure to produce the body of returnable — acting in place of the
a person in obedience to a writ of habeas appellate court — may render a decision,
which — like other decisions of the
corpus when he has power to do so, is a
Supreme Court and of courts of first
contempt committed in the face of the instance — may be enforced anywhere in
court. the Philippines.

B) MONCUPA V. ENRILE, 141 SCRA 233 THE COURT OR THE JUDGE TO WHOM THE WRIT IS
RESTRAINTS ATTACHED TO TEMPORARY RELEASE OF A MADE RETURNABLE TAKES THE CASE FOR
DETAINED PERSON WARRANT THE SUPREME COURT’S
DETERMINATION ON THE MERITS AND ITS
INQUIRY INTO THE NATURE OF THE INVOLUNTARY
FINDINGS, EITHER FOR THE RELEASE OF THE
RESTRAINT AND RELIEVING HIM OF SUCH RESTRAINTS
AS MAY BE ILLEGAL: DETAINEE OR FOR SUSTAINING HIS CONTINUED

 Reservation of the military in the form of CUSTODY, IF NOT APPEALED ON TIME, CAN
restriction attached to the detainee’s BECOME FINAL JUST AS IT MAY IN AN ORDINARY
temporary release constitutes restraint on CASE:
liberties of the detainees.
 Such restriction limits the freedom of  While the petition for habeas corpus was
movement of the petitioner.
originally filed with Supreme Court, the
 It is not physical restraint alone which is
only question that was immediately
inquired into by the writ of habeas corpus.
involved was the propriety of the issuance
TEMPORARY RELEASE OF DETAINEE FROM DETENTION of a writ that would order the respondent
DOES NOT RENDER THE PETITION FOR WRIT OF HABEAS to show cause why the detention of the
CORPUS MOOT AND ACADEMIC: person in whose behalf the writ was asked
 Writ of habeas corpus is available where a for should not be considered illegal, and
person continue to be unlawfully denied of that, therefore, the petitioner be ordered
one or more of his constitutional discharged from custody.
freedoms;
 Where there is denial of due process,
where the restraints are not merely
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SPECPRO CASES NOTES
 The Rules authorize that once the writ is  His compensation is fixed by the rule but
issued, the same may be made returnable such compensation is in the nature of
before a Regional Trial Court (Sec. 2, Rule executor’s or administrator’s commissions,
and never as attorney’s fees.
102, Rules of Court), and not necessarily
 Where the administrator is himself the
to the SUPREME COURT.
counsel of the heirs, it is the latter wh
must pay attorney’s fees.
 The court designated does not thereby
become merely a recommendatory body, 2. THE INTESTATE ESTATE OF
whose findings and conclusion are devoid DOMINADOR DANAN VS BUENCAMINO,
of effect, unless and until the Supreme 110 SCRA 353
Court decide to act on the  Filing by administratrix of an answer to
claimants’ contingent claims and asking
"recommendation."
for postponement of the hearing for
presentation of her rebuttal evidence
 By filing a notice of appeal with the Court constitutes estoppel and laches.
below, the appellant impliedly admitted  Probate court with discretion to allow
that the decision appealed was not merely claims against the estate presented
recommendatory or fact-finding. beyond the period previously fixed
provided they are filed within one month
from expiration of period but not beyond
the date of entry of order of distribution.
 Full dress hearing necessary to contest
THE COURT OR JUDGE TO WHOM THE WRIT IS contingent claims against the estate.
RETURNED SHALL HAVE THE AUTHORITY AND THE
DUTY TO INQUIRE INTO THE FACTS AND THE LAW 3. KALAW VS INTERMEDIATE APPELLATE
PERTINENT TO THE LEGALITY OR ILLEGALITY OF COURT, 213 SCRA 289
PETITIONER'S DETENTION AND TO ORDER HIS  Accountability of administrator; rendering
DISCHARGE FROM CONFINEMENT, SHOULD IT of an accounting by an administrator of
his administration within one year from his
APPEAR SATISFACTORILY "THAT HE IS
appointment is mandatory.
UNLAWFULLY IMPRISONED OR RESTRAINED.

4. SAN PEDRO VS COURT OF APPEALS,


 When a writ of habeas corpus is, 235 SCRA 145
conformably to law, made returnable to a JUDGMENTS IN EJECTMENT CASES WHICH ARE
court other than that issuing the writ, the FAVORABLE TO THE PLAINTIFF ARE IMMEDIATELY
EXECUTORY: THEY CAN BE STAYED BY THE
court to which the writ is returned, or the
DEFENDANT ONLY BY:
judge thereof, possesses full authority to A) Perfecting an appeal
examine all issues raised in the case and B) Filing a supersedeas bond; and
to settle the same. C) Making a periodic deposit of the rental
or the reasonable compensation for the
use and occupation of the property
during the pendency of the appeal.
O These requisites must concur.
Additional cases: O Thus, even if the defendant had
1. LACSON VS REYES, 182 SCRA 729: appealed and filed a supersedeas
bond but failed to pay the accruing
 Fee of executor or administrator;
rentals, the appellate court could,
attorney’s fees; an administrator or
upon motion of the plaintiff with
executor may be allowed fees for the
notice to the defendant, and upon
necessary expense he has incurred but he
proof of such failure, order the
may not recover attorney’s fees from the
immediate execution of the
estate.
appealed decision without prejudice
to the appeal taking its course.
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SPECPRO CASES NOTES
O Such deposit, like the supersedeas from making the monthly deposit,
bond, is a mandatory requirement; or the occurrence of supervening
hence, if it is not complied with, events which have brought about a
execution will issue as a matter of material change in the situation of
right. the parties and would make the
O The only exceptions are the execution inequitable.
existence of fraud, accident,
mistake or excusable negligence
which prevented the defendant

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