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Sections 1 to 3 of course outline

Special proceeding
Status, right, fact
Adoption, Legitimacy

Gen. Rule: In rem

Exception: Habeaas corpus
State interest
ie. Adoption, change of name, change of entry in

the civil registry

Summary settlement requisites

Value: 10k or less of the gross estate
Heirs are all of legal age, if minor, represented by their legal

There are no debts

Self-adjudication requisites

Extra-judicial way of settling the estate

There is no will
There are no debts
Heirs are all of legal age, if minor, represented by their legal
In a public document and deposited with the register of deeds

deed of partition with waiver
does not necessarily have to be written or in a public instrument

Remedies of excluded creditors: compel settlement, file

Remedies of excluded heirs: demand probate,
rescission, reivindicatory action

Cease vs. CA
Piercing the veil of corporate fiction
Partition decision: final or interlocutory?

Pereira vs. CA
Which preferred? Administration vs. Partition

Portugal vs. Portugal Beltran

Gen. rule: special proceedings necessary to

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

can be converted into a judicial action for simple

partition when all but one heir agree to partition

Metro Manila more than P400,000
Others more than P300,000
Metro Manila exactly P400,000 or less
Others exactly P300,000 or less

Actual residence at time of death (Garcia Fule v.

Where property is located
May be waived

Which is preferred?
Petition for probate vs. petition for letters of

PROBATE! Because we always consider the last
wishes of the decedent

Petition for allowance of will

Prescriptive period?
Jurisdictional facts?
Publication, mandatory
Exception: No newspaper publication shall be made where
the petition for probate has been filed by the testator himself.

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

Provisions of lost or destroyed will

First proved existence and destruction /loss
Without the express will of the testator (ie. revocation)
Notarial will two-witness rule
Holographic will by a copy admitted with great

caution: no copy, cannot be proven

Extrinsic vs. intrinsic validity

Gen. rule - probate: extrinsic
Exception: intrinsic, when apparent, else waste of

time (ex. Preterition)

Effect of order allowing will

Final, appealable
Conclusive as to due genuineness and due


When disallowed
Not genuine, not validly executed

Petition for probate of will proved abroad

Petition for probate + copy of will + order of

allowance (both authenticated)

Petition for letters of administration

Filed by interested persons: contested by

interested person
Objection to capacity of petitioner can be waived

Figuracion-Gerilla vs. Figuracion

Partition not proper when there is an issue as to

expenses chargeable to estate such as expenses

for last illness and funeral of decedent.
No accounting procedure in partition proceedings
Need to file estate settlement proceedings

Arbolario vs. CA
Once a valid marriage is established, it is deemed

to continue until proven to have validly ended.

Mere cohabitation will not give rise to a
presumption of legitimacy in favor of the child of
the second union unless there is proof that the
first marriage was lawfully terminated and the
second one lawfully entered into.

Azuela vs. CA
A notarial will with all these defects is fatally

Attestation clause does not contain number of pages
Said clause is not signed by instrumental witnesses
No acknowledgement but mere jurat
Jurat: Mere statement of notary public (subscribed and sworn
before me)

Decedent signed not only at end of will not left margin

Pages not in letters but in Arabic numericals

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

Fleumer vs. Hix

For probate of will executed in West Virginia, not

enough to present excerpt from West Virginia

Need certificate of officer having charge of
original under seal of state
Prove that law was in force at time alleged will
was executed
2-witness rule- show compliance- with state law
Prove domicile of executor in West Virginia

Ancheta vs. Guersey-Dalaygon

Foreign laws must be proven as a fact; evidence

required; no judicial notice

Ancilliary administrator primary duty is to
distribute estate according to will of decedent
Cannot presume that foreign law is the same as
Philippine law
Failure to prove foreign law amounts to extrinsic

Main function collect, preserve, administer,

pay, distribute
Qualification competent and trustworthy
Disqualification minor, non-resident, unfit
BONUS QUESTION: Whether a person who
has been convicted of rebellion (or convicted
of plunder but pardoned) be fit to serve as an

Ventura v. Ventura
Next of kin nearest of kin
Member of same class more preponderant


Villamor v. CA
Strangers can be appointed as administrators
Extrinsic fraud 4 year prescriptive period
Discovery of fraud facts would put an ordinary

man upon inquiry which, if followed up, would

have led to discovery of fraud

Pijuan vs. Gurrea

No right of preference granted to widow when will

has named an executor

Luzon Surety vs. Quebrar

Administrators bond remains in force as long as

administrator has not completed his duties and

the estate has not been settled; non-payment of
premium does not invalidate the bond.

Estate of Hilario Ruiz vs. CA

The right of an executor or administrator to

possess and manage the estate is not absolute

and can only be exercised as long as necessary to
pay debts and expenses of administration
Heirs of right of ownership is merely inchoate
when estate has not yet been fully settled.

Kalaw vs. IAC

Failure to render accounting after more than 6

years is sufficient ground for removal

Belated filing does not purge her of negligence

Pahamotang vs. PNB

Notice to heirs under Rule 89 is mandatory; failure

to notify heirs invalidates authority to mortgage

or sell estate assets

Rioferio vs. CA
Pending filing of administration proceedings
and appointment of adminstrator, heirs have

Union Bank vs. Santibanez

Filing of money claim in the probate court is

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

remedies under Rule 89 Sec. 7

Money claim: waive mortgage
Judicial foreclosure with deficiency claim
Extrajudicial foreclosure (no deficiency claim)

Note: Prof. Bautista is of the opinion that a

contingent claim may be filed for the deficiency

may be filed that may result from extrajudicial

Aldamiz cs. CFI Judge

Attorneys Fees two ways
Demand from / sue administrator charged as expenses
of administration
File petition in estate proceeding and ask administrator
to pay
Not a claim against the estate

Quita vs. CA
If there is a controversy before the court as to who

are the lawful heirs of the deceased person, or as

to distributive shares, the controversy shall be
heard and decided as in ordinary cases
In this case, the wifes nationality mist be
determined, to see if she can inherit from the
deceased as surviving spouse (she filed for divorce
in the US)

Pacioles, Jr. vs. Chuatoco-Ching

General rule: probate court cannot pass upon


Republic vs. CA
A person as the donee in this case has a right or

interest in the property sought to be escheated

However, she can no longer recover because her
claim was filed more than 5 years after the
escheat judgment