Académique Documents
Professionnel Documents
Culture Documents
Special proceeding
Status, right, fact
Adoption, Legitimacy
representatives
There are no debts
Self-adjudication requisites
Partition
Judicial
Extra-judicial
Form
deed of partition with waiver
does not necessarily have to be written or in a public instrument
Cease vs. CA
Piercing the veil of corporate fiction
Partition decision: final or interlocutory?
Pereira vs. CA
Which preferred? Administration vs. Partition
determine heirship.
Exception: this case for annulment of affidavit of
self-adjudication involving one lot 155 sqm.
Avelino vs. CA
Petition for issuance of letters of administration
Jurisdiction
RTC
Metro Manila more than P400,000
Others more than P300,000
MetC, MTC, MCTC
Metro Manila exactly P400,000 or less
Others exactly P300,000 or less
Venue
Actual residence at time of death (Garcia Fule v.
CA)
Where property is located
May be waived
Which is preferred?
Petition for probate vs. petition for letters of
administration
PROBATE! Because we always consider the last
wishes of the decedent
If not contested
Testimony of one subscribing witness (notrial)
Testimony of one witness (holographic)
If contested
Notarial will
All subscribing witnesses plus notary;
When other witnesses are allowed
Holographic: 3 witness-rule (writing: signature) or
expert testimony
execution
When disallowed
Not genuine, not validly executed
interested person
Objection to capacity of petitioner can be waived
Arbolario vs. CA
Once a valid marriage is established, it is deemed
Azuela vs. CA
A notarial will with all these defects is fatally
defective
Attestation clause does not contain number of pages
Said clause is not signed by instrumental witnesses
No acknowledgement but mere jurat
Acknowledgement:
Jurat: Mere statement of notary public (subscribed and sworn
before me)
Alaban vs. CA
Publication in probate proceedings is notice to the
whole world.
Nephews and nieces are deemed notified can no
longer bring action to annul judgment because
they did not avail of the remedies on time;
reconsideration, new trial, petition for relief
Ventura v. Ventura
Next of kin nearest of kin
Member of same class more preponderant
interest
Villamor v. CA
Strangers can be appointed as administrators
Extrinsic fraud 4 year prescriptive period
Discovery of fraud facts would put an ordinary
Rioferio vs. CA
Pending filing of administration proceedings
and appointment of adminstrator, heirs have
standing
mandatory
Creditor cannot sue heir directly despite partition
agreement that was made when probate
proceedings were already pending
PNB vs. CA
Secured creditor can only choose one of the three
Quita vs. CA
If there is a controversy before the court as to who
ownership
Republic vs. CA
A person as the donee in this case has a right or