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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
1
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.
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."
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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
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
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:
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
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.
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
18
SPECPRO CASES NOTES
grounds for dismissing claim against the the sale of property for payment of debts
estate. of a deceased person.
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.
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.
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.
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
27
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.
29