Midterm Examination
Special Proceedings
Universidad de Manila
College of Law
(2 Semester, SY 2021-2022)
nd
Atty. Roman S. Esguerra, J.D.
INSTRUCTIONS FOR ONLINE MIDTERM EXAMINATION:
a. Students are not allowed to use any book/textbook, notes or outside sources during
the examination.
b. Any form of academic dishonesty and cheating shall not be tolerated.
c. All answer sheets shall be handwritten, scanned (in PDF format only) and uploaded
to the designated email address of the professor within 10 minutes from the end of
the examination period. Late submissions of answer sheets will not be accepted.
d. Read the questions carefully before answering. Analyze and discern what is being
required of you before answering (Note: Answers containing “it depends,” “maybe”
and words/phrases of similar import shall not be given any credit – take a stand. Cite
your legal basis; answers without any explanation or basis shall not garner credit).
Pray. Good luck!
I.
Distinguish between an ordinary civil action and a special proceeding (10%)
II.
Alfredo, a Filipino, died in his residence at Makati City on February 2020. He is survived by his
spouse Bernadette (whom he married in 2015) and his illegitimate son born out of wedlock, Carlo.
On March 2020, Bernadette filed an intestate proceeding and issuance of letters of administration
in RTC Makati City. After Bernadette’s compliance all requirements, the RTC Makati issued an
order taking cognizance of the intestate case. In June 2020, Carlo, not knowing of the filing of the
intestate case, instituted probate proceedings before the RTC of Cebu City producing Alfredo’s
supposed holographic will which he found in their old house. Carlo thereafter learned of the
intestate proceedings before the RTC Makati, and filed a motion to dismiss the intestate case on
the following grounds: (1) that testate proceedings should take precedence over intestate
proceeding; and (2) that the venue was improperly laid because Alfredo’s permanent residence
was actually in Cebu City, and it was only in 2015 when he moved to Makati City upon marrying
Bernadette.
A. Is Carlo’s first argument that testate proceedings should take precedence over the
intestate case meritorious? Explain. (10%)
B. Is Carlo’s second argument on improper venue meritorious? Explain. (10%)
C. For purposes of determining the venue of settlement of the estate of a decedent, what
does the term “residence” mean? (5%)
III.
On September 2011, Delia, Filipino, single and without any children died intestate in the province
of Nueva Ecija. She is survived by her legitimate brothers Mario and Nono, and by her half-blood
sister Odette. She left no debts and her only estate consisted of a parcel of land in Nueva Ecija. A
month later, Mario and Nono executed a Deed of Extrajudicial Settlement of the estate of Delia,
equally partitioning the property between them. This was published, and then filed with the
Registry of Deeds. Titles were thereafter issued to Mario and Nono on September 2012. Nearly
eight years after or on July 2020, Odette learned of what happened and filed an action for the
annulment of the Deed of Extrajudicial Settlement and reconveyance. Mario and Nono argued
that Odette’s is already bound by the extrajudicial settlement since the 2-year prescriptive period
under Section 4, Rule 74 of the Rules of Court has already lapsed. Are Mario and Nono correct?
Explain. (10%)
IV.
A. Who may petition for the allowance of a will? (5%)
B. What does “reprobate” of a will mean? (5%)
C. Enumerate the grounds for disallowance of a will? (10%)
D. What are the grounds for the removal of an Administrator of an estate (10%)
V.
Lisa filed a Complaint for Partition and Accounting with Damages against her siblings Kat and
Ken over the estate of their deceased parents comprising of a 900 sqm. lot in Muntinlupa City.
The parties agreed to refer the case to mediation. Hence, the RTC Muntinlupa issued an order
referring the case to mediation before Philippine Mediation Center (PMC). During one of the
mediation conferences, Lisa, Kat and Ken agreed to subdivide the lot equally at 300 sqm. each. A
meeting was later scheduled for the signing of a Compromise Agreement, wherein Lisa was unable
to appear, whereas Kat and Ken signed the Compromise Agreement and submitted it to RTC
Muntinlupa. RTC Muntinlupa issued a judgment based on the Compromise Agreement.
Aggrieved, Lisa appealed the RTC’s decision to the Court of Appeals alleging that the Compromise
Agreement cannot be binding as to her considering that she did not sign it and supposedly did not
consent to its execution. Will Lisa’s appeal prosper? Explain. (10%)
VI.
A. After letters testamentary are issued, what is the period a creditor may file a claim against
the estate of the decedent? (5%)
B. May a creditor who failed to file his claim against the estate within the time provided for
still move to be allowed to file such claim? Explain. (10%)
VII.
John, Paul and George submitted a project partition for the distribution of their deceased parents’
estate at RTC Taguig. A decision ordering the distribution of residue of the estate was promulgated
and had thereafter become final and executory. Ringo, their other sibling, was entirely excluded
from the estate proceedings. Upon learning of what happened, Ringo filed with the same court a
Motion to Re-Open proceedings with prayer for his inclusion as an heir. Will the motion of Ringo
prosper? Explain. (10%)
Bonus
What are the three types of authorities that a probate court may issue? (5%)
“That in all things, God may be glorified.”
