KINDS OF SPEC. PRO.

8. Cancellation and Correction of Entries

R108, with RA 9048 (Clerical &
Typographical Error Law)
9. Habeas Corpus R102
10. Writ of Amparo AM No. 07-9-12
11. Writ of Habeas Data AM No. 08-1-
16
(Remedy: Rule 109 Appeals in Special
Proceedings)
OTHERS:
1. Those actions under the Family Code
Settlement of Estates
2 ways:
1] Extra-judicial a] Summary, or
b] Self- Adjudication by Sole Heir
2] Judicial either:
a] Testate proceedings; or
b] Intestate proceedings.
Jurisdiction in Jud. Settlement
Proceedings based on the gross
value of the estate
Venue deceased last resided or
location of the property.
Summary settlement
R74(EJS)
Rule: No will, No debts, or debts fully
liquidated, heirs are all of legal age, or
if minor duly represented:
1] execute a deed of extra-judicial
settlement of estate (public doc.), or affidavit
of self-adjudication; VOID AS TO HEIRS
WHO HAVE NOT PARTICIPATED.
2) a Project of Partition in an action for
Partition (R69).
Filed with the Registry of Deeds with the
Bond for personal property, and publication
(3x).
Judicial Summary of Estate
of Small Value
Where the value of estate does not
exceed P10k the estate can be
adjudicated summarily by the court
but:
Publication must be made (3x);
Hearing 1 mo. but not more than 3
mos. from last publication;
Notice to interested persons;
Bond where personal property is
involved.
Testate or Intestate
Proceedings Gen.
Principles
Proceedings in rem.
Writ of Execution is not generally a remedy
but contempt.
Court exercises limited juris., but include,
all incidents to settlement of estate, such
as:
1. provisional determination of ownership
[for inventory purposes], subject to
separate action;
2. determination of ownership if all heirs
submit the issue to the court so long as no
rights of third parties are prejudiced;
Gen. principles
continued
In jud. settlement proceedings
therefore the court has the power to
resolve the following:
1. heirs entitled to the estate;
2. recognition of an illegitimate child;
3. validity of disinheritance;
4. issue of whether a person is a spouse of
the deceased;
5. validity of a waiver of rights to
inheritance;
6. whether a property is conjugal or
exclusive;
7. other incidental matters for the closure
 Probate Proceedings

NATURE in rem, mandatory, and

imprescriptible [as the right to inherit
does not prescribe]. No estoppel.
WHO MAY COMMENCE PROBATE?
Any person interested in the estate of
the testator, i.e. heir, devisee, legatee,
executor named in the will, creditor.
PERSONS ENTITLED TO NOTICE
Same as above (only compulsory heirs).
Must be served 20 days if by mail, or
10 days if personal service, prior the
scheduled hearing.
PROBATE
CONTENTS OF THE PETITION
1. jurisdictional facts;
2. names, ages and residences of
heirs, legatees and devisees;
3. value and character of the
property of the estate;
4. name of the person for whom
letters are prayed for;
5. if will not yet delivered to
court, person in custody thereof.
PROBATE
GROUNDS FOR DISALLOWANCE OF A
WILL [court can determine only the
extrinsic validity of a will, except when the
intrinsic defect would render the will
ineffective]:

1. not executed and attested as required by

law;
2. mental incapacity of the testator rendering
him incapable to make a will at the time of
executed;
3. duress, fear or threat;
4. undue and improper pressure and
influence on the part of the beneficiary, or
other person for his benefit.
EFFECTS OF PROBATE
Once a will is probated, its
allowance is conclusive as to its due
execution. It settles the extrinsic
validity or formalities required of a
will, subject only to appeal.

Note, however, that intrinsic validity

may be inquired by the court as
when the intrinsic defect will render
a probate proceedings a useless
exercise, the defect being apparent
 RULE ON REPROBATE
Reprobate is a probate of a foreign will
duly probated in a foreign country.
For purposes of reprobate a petition
must be filed in the Philippines. In such
proceeding it must be prove:
1. testator is domiciled in a foreign
country
2. the will was probated in that country
by a court of competent jurisdiction
3. law on probate of that country and
proof of compliance thereof
4. legal requirements in that country for
execution of the will.
NOTE: the doctrine of processual
presumption applies in reprobate.
EFFECTS OF REPROBATE
There are 3 effects pursuant to
Rule 77
1. the will is treated as originally
probated in the Phils.
2. letters testamentary or
administration with a will
annexed will cover the estate in
the Phils.
3. after liquidation, residue of
estate found in the Phils.
EXECUTORS/ADMINISTRA
TORS; APPOINTMENT
DISQUALIFICATIONS:
1. Minor;
2. non-resident of the Phils.;
3. those who in the opinion of the
court are unfit to execute the
duties of the trust due to
drunkenness, improvidence, lack
of understanding or integrity, or
having been convicted of an
offense involving moral turpitude .
ADMINISTRATOR
Appointment of administrator is made
when:
1. decedent died without a will
2. the executor has been disqualified
for being incompetent, or refuse the
trust, or fails to give a bond.
Rule: The surviving spouse, next of kin
or their nominee are preferred for
purposes of letters administration in
their successive order, provided they
apply (note: 30 days rule). In default of
such application, any creditor or even
BONDS REQUIRED
RULE: Bonds are required to executors (even if
by will he is exempt therefrom or only required
to give personal bond), administrators or spec.
administrators. The bond may be increased as
the court may see if necessary.
PURPOSE OF BOND:
1. submit to the court complete inventory of the estate w/in
3 mos.;
2. administer the estate in accordance with the ROC or will
of the testator coming to his possession or that possessed
by others and pay the debts from proceeds of these assets
as decreed by the court;
3. render true and just account with 1 year and on such
period when required by the court; and
4. comply all orders of the court.
OPPOSITION TO LETTERS
TESTAMENTARY OR ADMIN.
RULE:
Any person interested in a will
may file his opposition on any
valid grounds. A full dressed
hearing shall be made for
purposes of issuance of letters
testamentary or administration.
In the opposition to letters
testamentary, interested person
may simultaneously apply for
POWERS OF EX. OR ADM.
General Powers:
1. Administration as assets of the
estate, ie. Inventory, accounting,
possession and repairs of the
properties, invest, mortgage, dispose.
2. Liquidation payment of all debts
within the period allowed; and
3. Distribution as to the residue of
the estate to whoever is entitled
thereto.
PROHIBITION/RESTRICTION ON THE
POWERS OF EXE. OR ADM.
The rule is that any disposition of
assets of the estate w/o court
approval is VOID. HE/SHE
1. cannot acquire even by
intermediaries, even by public sale,
property under adm.
2. cannot borrow money w/o court
approval.
3. cannot lease prop. exceeding 1 yr.
4. cannot continue business of
deceased without court authority.
SPECIAL
ADMINISTRATOR (R80)
Rule: Sp. Administrator is denied the
power to liquidate, except when he
acts as general administrator where
the executor presented a claim vs.
the estate. His appointment is not
subject to appeal but by certiorari
under R65 (s.1).
He is appointed where:
1. there is delay in granting letters
test. or adm. by any cause including
an appeal therefrom (but not appeal
from apptmt. of ex. or adm.);
 GROUNDS FOR REMOVAL
OF EX. OR ADM.
1. failure to render accounts (w/in 1yr from appointment or as may be required by
the court);
2. neglect to settle the estate under the rules;
3. neglect to comply order or judgment or duty imposed by the rules;
4. when he absconds;
5. insanity;
6. incapability;
7. unsuitability to discharge the trust.
NOTE: Where new Ex. or Adm. is
appointed after resignation or removal of
the former Exe. or Adm. the authority
granted to the former to sell or mortgage
can be renewed in favor of his successor
without notice and hearing.
CLAIMS AGAINST THE
ESTATE
All claims against the estate must be filed
within the period fixed in the notice
issued by the court, which shall not be
more than 12 mos. nor less than 6 mos.
AFTER THE DATE OF FIRST
PUBLICATION. This is the Statute of
Non- Claims; otherwise, such claim is
barred forever, SUBJECT to the
following EXCEPTIONS:
1. Belated claims filed w/in 1 mo.
from the order allowing it.
2. As counterclaim in action filed by
ex. or adm for:.
CLAIMS VS. ESTATE
1. money claims, arising from contract,
express or implied (whether due, not due, or
contingent);
2. claims for funeral expenses;
3. expenses for last sickness of the
decedent;
4. money judgment against the decedent.
However, a claim not barred by statute of
non claims may nevertheless be barred by
prescription.
Note also that the claims under this rule
does not cover those claims which survives
the death of the decedent (real actions,
those involving rights, interests, possession
CLAIMS VS. ESTATE/RULES
IN PAYMENT OF DEBTS
Where the exe. or adm. files a claim, he
should give notice in writing to the court.
If estate is sufficient, all debts paid within
the period provided for such purpose;
If will provides spec. property to pay debts
payment according to the provisions of the
will;
Property stipulated to pay insuff. or no
stipulation is made, debt paid by personal
prop. not disposed of and real prop not
disposed of.
If heirs, devisees, legatees entered
PAYMENT OF DEBTS
RULE WHERE ESTATE IS
INSUFFUCIENT
1. The provisions of the Civil Code on
preference of credits apply (Arts.
2241-2251`, Civil Code);
2. Creditors can run against persons
holding property of the deceased he
fraudulently conveyed during his
lifetime where ex. or adm. refuse to
file action, by seeking leave of leave of
court to file such action with a bond.
The action shall be in the name of the
exe. or adm. However, if the action
ACTIONS THAT MAY BE
BROUGHT DIRECTLY VS. EXE.
OR ADMIN.
1. Recovery of real or personal property
or any interest therein from the estate:
2. Enforcement of a lien thereon; or
3. Action to recover damages from any
injury to a person or property, real or
personal.
Therefore, actions personal to them
not allowed.
If the action is to recover property
fraudulently conveyed by the deceased,
there must be motion presented and an
order to appear for examination be
DISTRIBUTION
The process of delivering the residue
of the estate to all those declared
entitled to receive in accordance
with the provisions of the will.
Project of Partition- agreement
executed by the heirs which could be
the basis of distribution of the estate.
If the estate has been adjudicated
pro indiviso heirs can avail of
partition under Rule 69.
REMEDY IN CASE WHERE AN
HEIR HAVE NOT RECEIVED HIS
SHARE
1. REOPENING OF PROCEEDINGS
before finality of closure order of the proc.
if he was excluded (not a party) in the
proceedings ;
2. MOTION TO DELIVER HIS SHARE
if not excluded but failed to receive his
share;
3. REOPENING if proceedings already
closed within the prescriptive period (10
years).
4. ACTION FOR
RECISSION/ANNULMENT OF
JUDICIAL PARTITION on the ground of
REMEDY CONTINUED
5. REINVINDICATORY ACTION
AGAINST CO-HEIRS BASED ON
CONSTRUCTIVE OR IMPLIED TRUST
DUE TO FRAUD (prescribes in 10
years; Lagujum v. Viola), or within 4
years from discovery of fraud if the
heir adversely held the property
such as obtaining a title and if title is
registered from date of registration
(Gerona v. De Guzman). IF NO
ADVERSE POSSESSION, ACTION IS
IMPRESCRIPTIBLE (Villamor vs. CA).
 WRIT OF EXECUTION; WHEN
ISSUED BY SETTLEMENT COURT
1. to enforce the contribution of distributive
shares vs. heirs, devisees, legatees who held
the property of the estate before payment of
debts;
2. to enforce payment of expenses of
partition vs. party not paying the sum
assessed; and
3. satisfy the costs as to persons cited for
examination in probate proceedings.
(THE GENERAL RULE IS THAT
CONTEMPT IS THE GENERAL REMEDY
ESCHEAT (Rule 91)
NATURE AND PURPOSE:
Proceeding (in rem) to forfeit the
property of a deceased person in the
Phils. who died without a will and
without an heir or any interested person
to the estate, or property acquired in
violation of the Const. or law
(reversion). It is in reality an exercise of
police power of the State. Commenced
by SOLGEN whether respondent is dead
or alive.
Jurisdiction - RTC (publication 6x)
Venue where the deceased last resided
Escheated Property Whom
Allocated/ Remedies
To the local Govt unit where the
real property is located; personal
property LGU where deceased last
resided unless he is non-resident, for
the benefit of public schools,
charitable inst. or centers.
Within 5 years, a claim may be filed
in the same court by persons
entitled to the estate (recovery of
property or the proceeds thereof if
GUARDIANSHIP (AM 03-02-05, as
to minors)
KINDS OF GUARDIANS:
1. Legal; 2. Judicial; or 3. Guardian ad
litem
It may either be general or over the ward
or property only.
JURISDICTION
1. If minor, Family Court (RA 8369)
2. Not minor-governed by Rules 92-97
(incompetents under R92, s.2), RTC
3. Guardian ad litem, where the case is
pending.
VENUE where minor or incompetent
 Rule on Publication or Notice
in Guardianship Proceedings
Unlike in other spec. proc. only personal
notice is required in guardianship proc.
to persons named in the petition who
are residents in the Phils. and the
incompetent himself who may be
required to appear in court if he is 14
years or over. However, if the
incompetent is non-resident publication
is required.
Guardianship may also be ancillary
that is one granted in another country
GUARDIANSHIP OVER
MINORS
WHO CAN FILE PETITION:
1. A relative; 2. Other person in behalf of the
minor; 3. Minor himself, if 14 years or over; 4.
DSWD (abandoned child) or DOH, if insane
needing hospitalization
GROUNDS:
1. Death, continued absence or incapacity of
parents;
2. Suspension or deprivation of parental
authority;
3. Remarriage of surviving parent found
unsuitable to exercise parental authority.
4. When best interest of the minor requires it.
PERSONS WHO MAY BE
APPOINTED GUARDIAN OF
MINORS
(in default of their parents in the ff.
order )
1. grandparent (if several), court
decides for the best interest of the
child;
2. Oldest brother or sister over 21,
unless unfit or disqualified;
3. Actual custodian, over 21, unless
unfit or disq.;
4. Any person as may determined by
 OBLIGATION/POWERS OF
GUARDIAN
1. care and custody of the ward, and management
of his estate [frugally), or the latter only, and
apply the proceeds to the maintenance of the
ward;
2. pay debts of the ward;
3. collect debts owing the ward and appear in
actions for the ward;
4. render verified inventory of the assets w/in 3
mos. from appointment, and upon application of
interested persons;
5. render an accounting of property after a year
from appointment and as may be required
CONDITIONS OF BOND
1. to make return of true and
complete inventory of assets w/in 3
mos. known to him or possessed by
him or other person;
2. faithfully execute the duties of his
trust;
3. render true and just acct. of all
the asset of the ward, and all
proceeds or interest thereform;
4. settle his account after
termination of guardianship, and
REMOVAL OF
GUARDIANS
GROUNDS:
1. insanity; 2. incapability to
discharge the trust; 3. unsuitability;
4. wastage or mismanagement of
property of the ward; 5. failure to
render an account (30 days after it is
due); 6. failure to make a return
(same period).
TERMINATION OF
GUARDIANSHIP
Guardianship may be terminated:
1. motu propio by the court; or
2. upon verified motion by those allowed
to petition for guardianship -
a) if the ward has come of age;
b) death of ward;
c) marriage or voluntary emancipation of
ward (conditional);
d) when ward regains competency.
IMPORTANT RULE
A GUARDIANSHIP COURT IS NOT
IMPOWERED TO DETERMINE CLAIMS
AGAINST THE WARD. ANY ACTION FOR
SUCH PURPOSE MUST BE INITIATED IN A
SEPARATE ACTION (WITH THE GUARDIAN
IMPLEADED THEREON). JUDGMENT VS.
THE WARD THEREAFTER RENDERED CAN
BE PRESENTED TO THE GUARDIAN FOR
SETTLEMENT. SO ALSO, QUESTIONS AS TO
OWNERSHIP OF PROPERTY UNDER
ADMINISTRATION BY THE GUARDIAN
MUST BE THRESHED OUT IN A SEPARATE
ACTION, THE GUARDIANSHIP
PROCEEDINGS BEING SOLELY FOR THE
CARE AND CUSTODY AND PROPER
 TRUSTEE (R98; See also Articles 1440
1457)
JURISDICTION RTC
VENUE :
Jud. Trust where will allowed, if probated in the
Phils. or where property affected is located, if will is
allowed outside the Phils..
BOND required
Trustee not obligated to pay the debts of the trustor or
beneficiary.
The trustee holds legal title over the prop. Beneficiary,
holds equitable title.
Under the Civil Code: Kinds of Trust: (a) Express Trusts; and (b)
Implied Trusts (1441; PHILIPPINE NATIONAL BANK vs. COURT
OF APPEALS AND B.P. MATA AND CO., INC., G.R. No. 97995
January 21, 1993)
 Some Rules
In CONSTRUCTIVE TRUST, there is neither
a promise nor fiduciary relation to speak of
and the so-called trustee neither accepts any
trust nor intends holding the property for the
beneficiary. The relation of trustee and cestui
que trust does not in fact exist, and the
holding of a constructive trust is for the
trustee himself, and therefore, at all times
adverse. Prescription may supervene even if
the trustee does not repudiate the
relationship [mercado v. espinocilla].

CONDITIONS OF BOND (TRUSTEE)

1. to make a return containing true
inventory of the estate;
2. to manage and dispose of the
estate, and faithfully discharge his
trust according to law or will of the
testator;
3. to render under oath, once a
year true account of the property
held in trust, and such other
accounts as ordered by the court;
and
RESIGNATION/REMOVAL
OF TRUSTEE
If trustee resigns, it can be allowed if
it appears to the court that it is
proper. In case of removal, a petition
must be filed by parties with
beneficial interest in the trust, with
notice to the trustee and with
hearing.
His removal may either on any of the
ff:
1. essential to the interest of
petitioner;
ADOPTION- Rule 99-100
(Superseded by AM 02-6-02
Effective 8/22/02])
Adoption is now governed by RA 8552
(Domestic Adoption) and RA 8043 (Inter-
Country Adoption)
Jurisdiction/Venue DA, Family Court where
adopter resides; ICA ICAB or FC where
adoptee resides, which will turn over the
petition to ICAB.
In ICA, only child declared legally available
for adoption can be adopted. No publication
required. DA, non-minors may be adopted;
publication required.

CONSOLIDATION OF
PETITIONS
RULE
Under the present law (DAA) three
petitions can be consolidated:
ADOPTION, CHANGE OF NAME
(Rule 103) AND CANCELLATION OR
CORRECTION OF ENTRIES (Rule
108), provided that all the
jurisdictional requirements imposed
are complied with (ADM. M. 02-6-02-
SC EFFECTIVE AUG. 22, 2002).
Note: the Local Civil Registrar must
be impleaded for purposes of Change
RULES ON CUSTODY OF MINORS
AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSPODY OF
MINORS
Under AM No. 03-04-04 judgment
(effective May 15, 2003): a petition for
custody of Minors shall be governed by
the following rules:
5 days to file answer;
Default applicable;
Pre-Trial and Pre-Trial Brief mandatory;
Provisional Order Awarding Custody can
be issued;
Judgment immediately executory. No
appeal allowed unless MR or NT Motion
preceded the appeal.
15 days to perfect and appeal.
 CHANGE OF NAME
Rule 103 Judicial; RA 9048 Administrative
RA 9048 (amended by RA 10172) covers first name,
nickname or clerical or typographical errors only
(First Name, Birth month and day but not year-
effective Aug. 15, 2012)
103 substantial
Both have similar grounds for availment
HOWEVER, Republic v. Hon. Hernandez laid down
the ff. grds. for 103: 1] name is ridiculous,
dishonorable or extremely difficult to write or
pronounce; 2] change results as a legal consequence
of legitimation or adoption; 3] change will avoid
confusion; 4] name has been continuously and one
has been known since childhood by a Filipino name
and is unaware of alien parentage; 5] change is
based on sincere desire to adopt Filipino name to
erase signs of former alienage, all in good faith and
PRIMARY JURISDICTION
RULE
RA 9048 now governs change of first
name. It vests the power and
authority to entertain petitions to
local city or municipal local civil
registrars or consul general. The
intent of the law is to exclude from
the coverage of Rules 103 and 108
change of first name, until and
unless an administrative petition
for change of name is first filed
 ABSENTEE
Only for purposes of administration over the
properties of the absentee.
Can be filed in the RTC where absentee resides
before disappearance after 2 years if no adm.,
or 5 years if with adm. with the order of
absence to take effect only 6 mos. after
publication of the order.
NOTE: absentee proceedings may involve
appointment of TRUSTEE or ADM. [S 4, R107],
with the order of preference to be observed
(Sec. 7, R107). Trustee appointed shall have
the same duty and powers as that of guardian
(S6).
 cancellation/correction
of entries
ENTRIES SUBJECT OF RULE 108:
1. births; 2. marriages; 3. deaths; 4. legal
separations; 5. judgments of annulment of
marriages; 6. void marriages; 7. legitimations;
8. adoptions; 9. acknowledgments of natural
children; 10. naturalization; 11. election, loss
or recovery of citizenship; 12. civil
interdiction; judicial determination of filiation;
13. voluntary emancipation of minor; and 14.
changes of name.
Republic v. Valencia
Lee vs. CA
Lugsanay vs. Republic
Silverio vs. Republic
Rep. vs. Cagandahan
HABEAS CORPUS
2 subjects:
A. Any form of illegal
restraints/detention;
B. Determination of rightful custody
in relation to AM 03-04-04
NOTE:
1. Preliminary citation;
2. Peremptory writ;
3. Discharge or disallowance or writ
AMPARO/HABEAS DATA
NOTE:
AMPARO (A.M. No. 07-9-12-SC),
September 25, 2007 involve
violation or threat of violation of the
right to life, liberty or security, and
covers extralegal killings and
enforced disappearances.
H. DATA (A. M. No. 08-1-16-SC),
January 22, 2008 involve violation
or threat of violation of the RIGHT to
PRIVACY in life, liberty or security
 Controlling
Jurisprudence
The writ of habeas data provides a
judicial remedy to protect a persons
right to control information regarding
oneself, particularly in instances
where such information is being
collected through unlawful means in
order to achieve unlawful ends.
There is no determination of
administrative, civil or criminal
liability in amparo and habeas
AMPARO/H.DATA
The writ of amparo, particularly, should not
issue when applied for as substitute for
the appeal or certiorari process, or when it
will inordinately interfere with these
processes. The writ will not also be issued
to protect concerns that are purely
property or commercial. Neither is it a
writ that we shall issue on amorphous and
uncertain grounds. Consequently, the Rule
on the Writ of Amparoin line with the
extraordinary character of the writ and the
reasonable certainty that its issuance
demandsrequires that every petition for
the issuance of the writ must be supported
by justifying allegations of fact. [Tapuz vs.
AMPARO/H.DATA
The writs of amparo and habeas data
will NOT issue to protect purely
property or commercial concerns
nor when the grounds invoked in
support of the petitions therefor are
vague or doubtful - employment
constitutes a property right under the
context of the due process clause of
the Constitution [Manila Electric
Company vs. Lim, 632 SCRA
 Writ of Amparo; Doctrine of
Command Responsibility; The
doctrine of command responsibility
is a rule of substantive law that
establishes liability and by this
account, cannot be a proper legal
basis to implead a party-respondent
in an amparo petition; The doctrine
is used to pinpoint liability [Roxas
vs. Macapagal-Arroyo, 630 SCRA
SPECIAL PROCEEDINGS

MCQS
shall not be distributed prior
to the payment of all charges
to estate. What will justify
advance distribution as an
exception?
a. The specific property sought to be
distributed might suffer in value.
b. The creditors and distributees
agree to the advance distribution.
c. When the majority of the charges
against the estate have been paid.
d. The estate has sufficient residual
assets and the distributees file
Barry was appointed as the
administrator of the estate of
Billy. The heirs of Billy sought the
removal of Barry due to his
alleged adverse interest to that of
the estate. The court subsequently
issued an order of removal. What
is the remedy of Barry?
a. Petition for certiorari under Rule
65
b. Petition for review on certiorari
c. Appeal

d. Motion for reconsiderationa

 Who among the following
has no standing to file a
petition for writ of habeas
data?
a. The second cousin of the aggrieved
party
b. The mother-in-law of the aggrieved
party
c. The grandparents of the aggrieved
party
d. The spouse of the aggrieved party
Mojo was appointed administrator
of the estate of Jojo. The heirs of
Jojo entered into a project of
partition and pursuant thereto,
Mojo was obligated to deliver the
distributive shares of the said
heirs. However, Mojo failed to do
the same. What is the remedy of
the
a. heirs?
Move for execution under Rule 39
b. Move for the revocation of the project of
partition
c. File an action for contempt under Rule
71 on the ground of disobedience to a
lawful order of the court
d. Move for the removal of the appointed
administrator
 amparo against Badang in relation to
his daughter Bedings involuntary
disappearance. Badong alleged that
Badang was Bedings employer, who,
days before Beding disappeared,
threatened to get rid of her at all
costs. On that she took steps to
ascertain Bedings whereabouts. What
is the quantum of evidence required
to establish the parties respective
a.claims?
Substantial evidence for Badong;
preponderance of evidence for Badang
b. Clear and convincing for both
c. Substantial evidence for both
d. Preponderance of evidence for Badong; clear
and convincing evidence for Badang
The following are not duties
of a guardian condition
upon his bond, except:

a. Teach the ward to become a

responsible member of society.
b. Provide for the proper care,
custody, and education of the ward.
c. Ensure the wise and profitable
investment of the wards money.
d. Collect compensation for his
services.
Which court issues the
decree of adoption in inter-
country adoption?

a. The RTC where the adoptee resides

b. The foreign court of the country of
the prospective adoptive parents
c. The RTC where the properties of
the adoptee are located
d. The RTC where the adopter resides
 M was appointed as administrator of
the estate of Y. During the prescribed
period of filing claims against the
estate, Z filed his claim. Despite the
objections of the heirs of Y, M did not
contest the claim. What is the remedy
of the heirs?
a. There is no other remedy, only M as
the administrator can object to the
claim of Z.
b. They should move for the removal
of M before they can submit their
own contest.
c. They can force M to file a contest.
d. They should submit their own
as regular administrator of his fathers
estate. Tinmar, his sister, moved for
dismissal of said petition contending
that the parties, who are members, of
the same family, have not exerted
earnest effort toward a compromise
prior to the filing of the petition.
Should the motion be granted.
a. No, an earnest effort toward a compromise is
not required.
b. Yes, such earnest effort toward a compromise
is required before filing any case relating to
family matters.
c. No, such earnest effort toward a compromise is
not required in special proceedings.
d. Yes, the ground relied upon is jurisdictional.
The personal estate of
Agaton was declared
escheated on May 24, 2012.
To whom will these
personal properties be
assigned?
a. The city or municipality where the
properties of X are located
b. The city or municipality as the judge
may choose as recommended by the
Solicitor General
c. The city or municipality where X last
resided
d. The city or municipality of the known
heirs of X
May be subject to Inter-
Country Adoption?

a. Any Filipino citizen and of legal age

b. Any Filipino citizen, whether a
minor or of legal age
c. Only a Filipino citizen and a minor
d. Only a Filipino citizen who must be
a minor and a legally-free child
 Tope is a creditor Timon.
Tio filed a guardianship
proceedings for the person
and property of Timon.
What is the remedy of Tope
to enforce his money claim
against Timon?
a. File a claim before the guardianship court.
b. File an ordinary case against the ward in a
court of general jurisdiction.
c. File a counterclaim in the guardianship
proceeding.
d. File an ordinary case against the guardian in a
court of general jurisdiction.
Which of the following
claims survive the death of
the decedent and need not
to presented as a claim
against the estate?
a. Claims for damages arising from quasi-
delict
b. Funeral expenses
c. Contingent money claims arising from a
contract
d. Unenforced money judgment against the
decedent, with death occurring before
levy on execution of the property
Blossom died intestate and
Bubbles was appointed as
administrator. Thereafter, a
will was discovered in
Blossoms belongings. Which
of the following is not correct?
a. Testate proceedings take precedence
over intestate proceedings.
b. It will be revoked once the new will has
been admitted to probate.
c. The letters of administration shall be
revoked automatically.
d. The will must be probated first.
In escheat proceedings, how
many years is the prescriptive
period within which the heirs
of the subject property may file
their respective claims?
a. 5 years from the delivery of the property
to the municipality
b. 5 years from the delivery of the order of
escheat to the heir
c. 5 years from the entry of order or
decision of escheat
d. 3 years from the receipt of the order of
escheat by the heirs
In the writ of amparo, interim
relief are available to the
parties. Which of the four
interim reliefs is available not
only to the petitioner but also
to the respondent?

a. Temporary Restraining Order

b. Witness Protection Order
c. Production Order
d. Permanent Protection Order
How should a criminal
action and a petition for
writ of amparo, both arising
the same facts, be treated?
a. The action filed later shall be
dismissed.
b. The petition for the writ of amparo
shall take precedence and the
criminal action filed thereafter
shall suspended.
c. An amparo petition is criminal in
nature.
d. When the criminal action is filed
 A writ of habeas corpus was issued
by the RTC of Manila against GA.
During the trial, it was proven that
there was indeed unlawful
detention. JC, the person
unlawfully detained now asks for
damages before the same court. Is
the
a. action
No, becausefor
theredamages valid?
can be no damages claimed
in habeas corpus cases.
b. Yes, because it is within the jurisdiction of the
court which issued the writ.
c. No, because the court issuing the writ is a
court of limited jurisdiction.
d. Yes, because the court issuing the writ is the
proper court to determine the issue on
recovery of damages.
Mario, a 10-year old minor was
adopted by the spouses Luigi and
Maria. For repeated physical abuse
and attempts on his life, Mario
decided to have decree of adoption
rescinded. Where should he file his
petition for rescind the decree of
adoption?
a. The same court which issued the decree
of adoption.
b. The court where the adopter resides.
c. The court where the properties of the
adoptee are located.
d. The court where the adoptee resides.
Arnel filed a petition for a writ of
amparo but was denied relief. She
now question the denial of the
petition for review on certiorari
under Rule 45 before the Supreme
Court claiming that the lower
court failed to appreciate the facts
of her case. Which of the following
statement
a. iscourt
The supreme correct?
cannot take cognizance of
the appeal as Rule 45 is limited to questions of
law.
b. The proper remedy is to file petition for
certiorari before the Supreme Court under
Rule 65.
c. There is no appeal allowed under the Rule on
the writ of Amparo.
of the estate of his parents, Hughes also
filed an action for reconveyance of title to
a parcel of land against his brother
Godfrey. According to Hughes, Godfrey
forged the signature of their late parents
to make it appear that they sold the land
to his when in fact they did not, thus
prejudice Hughes legitime. Godfrey
moved to dismiss the action on the ground
that the dispute must be resolved in the
estate proceedings. Should the motion be
Yes, questions of collation should be resolved in
granted?
a.
the settlement proceedings, not in a separate
civil case.
b. Yes, otherwise there shall be a waste of time
and clogging of court dockets.
c. No, the court in estate proceedings cannot
decide the issue of ownership of title.
d. No, the filing of the separate action is proper,
administrator of Julians estate. Aside
from his properties in the Philippines,
Julian has a number of real properties
located in the United States.
Makabayan wishes to exercise his
powers of administrator over the
properties in the US. Can makabayan
exercise
a.
such powers?
No, Makabayan is a Filipino and can only
exercise such powers in the Philippines.
b. No, beacause an administrator can only
exercise his powers over the assets of a
decedent found within the state or country
where the letters of administration were
granted.
c. No, because the administrator can exercise his
powers over properties only.
d. No, because the administrator can only
exercise his powers of real properties of the
In a habeas data processing,
Mando, the respondent, wished to
clarify some facts alleged in the
petition on the ground that the
same are vague. Which of the ff. is
not correct?
a. He must file a motion to dismiss
b. He must file a motion for bill of
particulars.
c. Only a.
d. Both a and b.
X was born in Manila. In 2008,
he migrated to Cebu City and
decided to reside therein
permanently. He wanted to
correct some clerical errors in
his birth certificate. Where
should X file his petition.
a. Clerk of the Sharia district court
b. Registrar General
c. Petition-receiving civil registrar
d. Consul General
writ of habeas corpus against
her husband Toning in order to
have custody of their minor
daughter Teling. Tanting,
however, failed to personally
appear at the pre-trial. Which
of the
a. The ff.shall
case is be
correct?
dismissed, unless his counsel
or a duly authorized representative appears in
court and proves a valid excuse for the non-
appearance.
b. The case shall not be dismissed since the best
interest of the child is at stake.
c. The case shall be dismissed for lack of interest of
the petitioner.
d. The case shall not be dismissed but the
respondent may present his evidence ex-parte
Mabantot Ramirez is frequently
insulted by his classmate because
of his first name. Tired of the
humiliation he always experience,
he decided to approach Atty. Juan
to get the latters advice. If you
are Atty. Juan, what legal advice
can you give to Mr. Ramirez?
a. File a petition with the RTC
b. File a petition under Rule 108

c. File a petition with the city civil

registrar
d. None of the above
 Atari borrowed money from Aris in
1998 as evidenced by a contract of
loan. Atari died in 2009. In the
settlement of Ataris estate, the
court ordered that all claims
against the estate must be filed
from May 2009 to November 2009.
Aris filed his claim on June 2009.
can
a. YesAris recover
the claim from
was filed the the
well within estate?
statute
of non-claims.
b. No, because money claims should be against
the administrator.
c. No, because the period to collect has already
prescribed.
d. Yes, money claims should be recovered against
the estate and within the statute of non-claims.
 On June 1, 2010, Mr. A died after a long struggle
with cancer. He was born in 1923, in Cebu City.
He moved to Manila when he was 20 years old.
By the time he was 50 years old, he had become
a wealthy man, and had houses in Manila, Cebu,
Davao, and Caticlan. He retired in 2000 in
Davao. He would often visit his other spouses.
When he died, he was childless, and had no
other living relative, all of whom had
predeceased him. The government is seeking to
file a petition for escheat. Where should it be
filed, assuming he is a citizen and resident.
a. His residence at the time of his death.
b. Any of the places where his properties are
located.
c. Any of the places where he resides.
d. The place where he last resided.
 "A" wants to file a petition for
guardianship over "B" who is an
incompetent. He lives in Davao, but
his guardian lives in General
Santos. B is the legal owner of
properties in Cebu and Tacloban.
Where should it be filed?
a. His residence
b. The residence of the guardian.
c. The place where any of his
properties is located.
d. Anywhere in the Philippines.
 Helen was born in Muntinlupa City.
Upon reaching the majority age, she
decided that she now wants to
change her first name from Helen
to "Helena", which is the name she
has been using since birth and in
school. Where should Helen, a
resident of Makati, file her petition?
a. RTC-QC
b. RTC-Muntinlupa City
c. LCR-QC
d. LCR-Muntinlupa City.[doctrine of
primary jurisdiction].
 Juan, a resident of Bulacan, died on Jan. 1, 2011 in
Manila. On Feb. 1, 2011, his will was delivered by
Simeon, the custodian, to the clerk of court of RTC-
Bulacan. On Feb. 4, 2011, Mario instituted inestate
proceedings over Juans estate with RTC-Manila. On
Feb. 5, 2011, Romeo filed a petition for probate of
Juans will with RTC-Bulacan. Mario moved to dismiss
the petition in RTC-Bulacan since he filed a petition
earlier in RTC-Manila. Which court should settle the
estate and why?
a. RTC-Manila. The petition filed by Mario was ahead of
Romeos petition.
b. RTC-Bulacan. Mario already submitted to the
jurisdiction of the court when he filed a motion to
dismiss the petition.
c. ETC-Manila. Juan died in Manila.
d. RTC-Bulacan. Jurisdiction of RTC-Bulacan already
vested upon the delivery of the will of Simeon.
 Which of the ff. is NOT a special
proceeding?
a. A petition for recognition and
enforcement of a foreign arbitral
award under the Special ADR
Rules.
b. A petition for the issuance of a
Writ of Habeas Corpus
c. A petition for the Issuance of a
writ of Kalikasan
d. A petition for declaration of nullity
of marriage.
Which of the ff. is appealable?
a. An order directing administrator
to take action to recover amount
due to estate
b. An order granting the petition for
Writ of Habeas Corpus
c. An order directing the inclusion of
items in the inventory
d. An order appointing a special
administrator
 Does a plaintiff in a case for damages arising
from quasi-delict against defendant who died
during the pendency of said case, have the right
to intervene in the special proceedings for the
settlement of the estate of said deceased
defendant?
a. Yes, because such plaintiff is a "person
interested in the estate"
b. Yes, because such plaintiff is like a creator with
money claim who is allowed to take part in the
estate proceedings by filing a notice of claim.
c. No, because he fails to meet the requirements in
that the interest is merely contingent or
inchoate.
d. No, because he has to wait until after he has
secured a favorable judgment at which time he
 Which of the ff. CANNOT be ventilated
in the probate court or in a special
proceeding instituted for the purpose
but should be adjudicated in an ordinary
civil action:
a. Determination of who the heirs are
b. Resolving the filiation of illegitimate
children of the deceased.
c. Adjudication of claims for damages
arising from tort committed by the
deceased while alive
d. Recovery of ownership and possession
of estate property
 An absentee, aged 50 years at time of his
disappearance, shall not be presumed dead for
the purpose of opening his succession till after
lapse of:
a. Five years if he disappeared after the age of
seventy-five years.
b. Ten years.
c. Five years if he has been in danger of death
under certain circumstances ad his existence
has not been known.
d. Two years, if he has been in danger of death
under certain circumstances ad his existence
has not been known.
Which of these is NOT a judgment in
rem?

a. Probate will
b. Annulment of marriage
c. Adoption
d. Judgment in ejectment cases
 On January 24, 2010 Sandra Mison was
reported abducted in Sta. Mesa, Manila by
unidentified men. Knowing that she was
involved with human rights group, her
mother immediately filed a petition for
Writ of Ampro in the RTC of Manila on
suspicion that the abductors are members
of the military intelligence known as ISAFP
who were always casing their residence in
Diliman, Quezon City. The petition shall be:
a) Dismissed for being an improper
remedy;
b) Dismissed for being speculative, the
ground relied upon being based on mere
suspicion;
c) Granted and the writ issued requiring
ISAFP to file a return;

 In his desire to rid Pasay City of beggars, drug

dependents and vagrants the City Mayor ordered them
rounded up and brought to the city auditorium where
they were feed, clothed and lectured about their
problems. They were also asked whether they wish to
stay in the citys welfare home, the Bahay Kanlungan, to
take up formal education to which they all agreed. One
year later, the parents of Jose and Samson, both minors,
who were doing good at the Bahay Kanlungan surfaced
and filed a petition for habeas corpus for their release
claiming that they were illegally detained thereat. Which
of the following is correct?

a) The petition is proper, Jose and Samson being minors

whose custody must be exercised by their parents;

b) The petition should be dismissed there being no

illegal detention and the act of the city mayor was an
exercise of police power;

c) The petition should be dismissed, one year had

elapsed therefore the right of action has prescribed;

d) The petition should be denied, the custody taken by

 Renato was absent for two years and his
whereabouts unknown. His wife, Rosa, and
three children failed to locate him despite
efforts exerted for six months. In the
meantime, the businesses he left continue to
suffer losses in the hands of his wife who, out
of sadness and anger started to attend
parties and dating any man who caught her
eyes. If you are among the creditors of
Renato, what appropriate action would you
take?
File a petition for declaration of absence of
Renato in the RTC;
File a petition for guardianship over the
property of Renato;
File a petition for receivership over the
property of Renato;
File a petition for absence of Renato with
 Jake was born with Filipino parents. His
birth certificate, however, show that his
nationality was Chinese, although his
three brothers are all registered as
Filipinos. Which of the following
proceedings would allow correction of
his nationality from Chinese to Filipino?
Petition for correction of entries under
Rule 108;
Administrative proceedings for
correction of his birth certificate under
the clerical or typographical error law
(RA 9048);
Naturalization proceedings;
 Marissa, a widow, and her two (2) children, both
girls, aged 9 and 12 years old, reside in Olongapo
City. To survive, she worked as prostitute in a
brothel at night, leaving her children alone at night.
Realizing the danger to life and morals of her
granddaughters, Fernando, filed a petition for
habeas corpus in the Family Court of Olongapo city,
who after summary hearing issued the writ.
However, prior to the issuance of the writ, Marissa
brought her children to Samar. Which of the
following is correct?
The writ cannot be enforced because the petition was filed
by the grandfather who has no legal personality;
The writ can be enforced because being a grandfather he
has the legal standing to protect the life and morals of his
grandchildren;
The writ was improperly issued because as a mother,
Marissa is vested by law with the right to custody to the
exclusion of Fernando, the nature of her being immaterial as
it was for their survival;

 Ariel filed a petition for declaration of nullity of marriage against
Marian under Article 36 of the Family Code, claiming that Marians
continued dating with several men while they are married remain
unstoppable and may bring children to their marriage sired by
unknown men. This clearly manifest that Marian is suffering from
serious and incurable psychological incapacity. Since they have
three (3) minor children. Ariel likewise prayed that custody
pendent lite and permanent custody be granted to him. Which of
the following is correct?

The matter of custody is a special proceeding which must be

initiated separately.
The issue of custody of children is deemed automatically
submitted in a petition for declaration of nullity of marriage under
the Family Cod.
The prayer of such provisional and permanent custody is not
governed by the rules of special proceedings but by ordinary civil
actio.
Unless otherwise disqualified to take custody, the prayer of Ariel
for custody whether provisional or permanent is subordinated
with the right of Marian and therefore it must await the outcome
of the petition.