SPECIAL PROCEEDINGS

1. What do you understand by remedial law?[1]

2. What is a special proceeding?[2]
3. Distinguish a special proceeding from a civil action.[3]
4. What are the special proceedings mentioned in the Rules of
Court?[4]
5. What are the Other Proceedings which are considered as
special proceedings?[5] Enumerate.
6. What are the special proceedings under the ADR
Rules?[6] Enumerate.
7. What is the meaning of the word “Practicable” under the
above-stated Rule?[7]
8. As of now, is the procedure for rescission and revocation of
adoption still under the Special Proceedings Rules in the Rules of
Court?[8] Explain.
9. Is the rule on ordinary civil action applicable in special
proceedings?[9] Explain.
10. Does the court hearing in an ordinary civil action have the
power to determine who the heirs of the decedent
are?[10] Explain.
11. In a continent money claim against the estate of the
decedent, the court required the payment of the docket fee
reasoning that such a claim is in the nature of an initiatory
pleading? Was the court correct?[11] Explain.
12. Selmo died intestate. He was indebted to Netnet in the sum
of P1m payable in two years time. At the time of Selmo’s death,
he still has 18 months within which to pay Netnet. Intestate
proceeding was had. Netnet filed a motion for leave of court to
intervene in the proceeding. The court denied the motion. Was
the court correct?[12] Explain.
13. Can an ordinary civil action be joined with special
proceedings?[13] Explain.
14. What is the scope of the applicability of the DNA evidence
Rule?[14] Enumerate.
15. How the Rule in special proceedings construed?[15]
16. If the gross value of the estate of the decedent is more than
P500t, which court may exercise probate jurisdiction?[16]
17. Does the MTC have the jurisdiction to hear an application for
bail in a criminal case filed in the RTC?[17] Explain.
18. What is “residual power/jurisdiction” of the court?[18]
19. What is the “doctrine of non-interference” or “doctrine of
judicial stability”?[19]
20. What is the doctrine of the hierarchy of courts?[20]
21. What is the doctrine of transcendental importance?[21]
22. What is the doctrine of ancillary jurisdiction?[22]
23. What is the “five year bar rule” in rescission of adoption?[23]
24. What is the “iron curtain bar rule”?[24]
25. What is an estate?[25]
26. What is the purpose of the settlement of the estate of the
decedent?[26]
27. When is the right to succession over the property of the
deceased starts?[27]
28. As between probate of the will and intestate proceedings,
which prevails?[28]
29. Is referral to the barangay for conciliation required in case of
settlement of estate of the decedent?[29] Explain.
30. Oslec lived in Cebu City. Oslec has properties in Iligan,
Ozamiz, Cebu and Manila. When he became ill in 2015, he
transferred his residence in Ozamiz City. Oslec died on November
3. His heirs approached you as law graduate of this School as to
where they file the settlement of the estate of Oslec.[30] Advise
the heirs now.
31. Odnanref is a Filipino citizen who lived in Iraq. He has
properties in Tacloban, Catbalogan, Oroquita, Iligan and Ozamiz.
He died in Iran on October 5. Odnaref’s heirs approached you and
sought your advice as to where to file their petition for settlement
of estate.[31] Advise them now.
32. What are the exceptions to your answer in the number 11
question?[32] Enumerate.
33. Where will the estate be settled upon the dissolution of
marriage?[33] Explain.
34. What will the heirs do if their parents both died as regards
the conjugal partnership?[34] Explain.
35. May the RTC issue a warrant for the arrest of a witness who
refused to testify in a special proceeding case?[35] Explain.
36. When will a person presumed dead for purposes of settlement
of his estate?[36] Explain.
37. If the person declared to be presumptively dead for purposes
of settlement of his estate is proved to be still alive, what rights
does he have?[37] Explain.
38. In what instances that the heirs may settle the estate of their
parents summarily and extrajudicially?[38] Enumerate.
39. What if based on the immediately preceding problem, the
heirs cannot agree, what will be done?[39] Explain.
40. What will be done if only one heir to the estate?[40] Explain.
41. What about if the heirs summarily settled the estate of their
parents, are they still required to post a bond simultaneous with
the public instrument in the ROD?[41] Explain.
42. How long the lien referred to in S1R74 of the Rules of Court
lasts?[42]
43. Is a proceeding for the voluntary dissolution of a corporation
still with the regular courts?[43] Explain.
44. Is there still a need to file a petition to constitute a family
home?[44] Explain.
45. F and G were married on 12 June 1987 in Iligan. F left G in
1990 and was unheard of from then until G filed a petition for the
declaration of F as presumptively dead in 1999. Do you consider
the action of G as special proceeding? Explain.[45]
46. Refer to previous question. Assume that after the decision
was rendered and within five days from receipt of a copy of the
same, the OSG interposed an appeal. If you were the judge, will
you give due course to the appeal of the OSG? Explain.[46]
47. SM died intestate, leaving a P1B estate. He was survived by
his wife Dy and their five children. Dy filed a petition for the
issuance of letters of administration. Ch, one of the children, filed
an opposition to the petition, alleging that there was neither an
allegation nor genuine effort to settle the estate amicably before
the filing of the petition. Rule on the opposition.[47] Explain.
48. What governs special proceedings?[48]
49. Which court has jurisdiction over proceedings for the
settlement of the estate of a deceased person?[49] Explain.
50. M, a resident of Iligan, died in Iligan on January 1 leaving a
estate the gross value of which is P300,000. The lawyers of his
heirs filed a petition for letters of administration in the RTC of
Iligan. Was the lawyer correct?[50] Explain.
51. What is the initiatory pleading in probate
proceedings? [51]
Explain.
52. If a person dies intestate, what is the initiatory pleading?[52]
53. Who is an executor?[53]
54. Who is an administrator?[54]
55. May an order appointing an administrator
appealable? [55]
Explain.
56. Anna filed a petition for appointment as regular administratrix
of her fathers' estate. Her sister Sophia moved to dismiss the
petition on the ground that the parties, as members of the same
family, have not exerted earnest effort toward a compromise
prior to the filing of the petition. Should the petition be
dismissed?[56]
(A) Yes, since such earnest effort is jurisdictional in all estate
cases.
(B) No, since such earnest efforts is not required in special
proceedings.
(C) Yes, since such earnest effort is required prior to the filing of
the case.
(D) No, since such earnest effort toward a compromise is not
required in summary proceedings
57. What is the venue of probate proceedings?[57] Explain.
58. What is the rule of preferential jurisdiction?[58]
59. D, a resident of Cebu, died. Intestate proceedings were filed
by an heir in the RTC of Ozamiz City where the great bulk of D’s
property is situated. Subsequently a testate proceeding was filed
in the RTC of Cebu. The records clearly show that D is a resident
of Cebu. The heir moved to dismiss the probate proceeding filed
in Cebu citing the rule of preferential jurisdiction which states
that the court first taking cognizance of a probate proceeding
shall exercise jurisdiction to the exclusion of all other courts. Is
the heir’s contention correct?[59] Explain.
60. Does the rule on preferential jurisdiction apply to a resident
decedent?[60] Explain.
61. If settlement proceedings are filed in two or more courts and
the question of venue is raised, which court would have the
jurisdiction to decide the issue of venue?[61] Explain.
62. D, a voter and resident of Ozamis City, stayed in the house of
his son in Iligan City since January until his death on December 3.
He left parcels of land in CDO, Malaybalay, Ozamis and Oroquita.
He left no will. S, wife of D, approached you as a new lawyer who
graduated from this law school, as to where she would file the
intestate proceedings for the settlement of the estate of D. Advise
her now.[62]
63. Assume that D is an inhabitant of Guam at the time of his
death there but he left estates in places as above-enumerated.
Where will the petition for settlement be filed? Explain.[63]
64. What will be done in case of death of one of the spouses?[64]
65. For purposes of settlement of his estate, when shall a person
be presumed dead?[65]
66. What is the effect if the person declared presumptively dead
reappeared?[66]
67. If a spouse died, in what proceeding is the community
property or conjugal partnership liquidated?[67] Explain.
68. If both spouses died already, in what proceedings that their
estate be settled or liquidated?[68] Explain.
69. What do you mean by summary settlement of estates of
small value?[69]
70. May the heirs by agreement extrajudicially settle the
estate?[70] Explain.
71. What are the requirements in order that the heirs may
extrajudicially settle the estate?[71] Enumerate.
72. Spouses X and Y died. They left several parcels of land
located in Mindanao and Visayas. They left no debt nor will. Is
there a need for the issuance of letters of administration before
the estate is divided among heirs? Explain.[72]
73. Based in the preceding problem, what if the heirs are still
minors, will letters of administration be had before the estate be
divided? Explain.[73]
74. Where the estate consists only of personal property, is there
still a need to file the extrajudicial settlement with the Registrar
of Deeds?[74] Explain.
75. What if there is only one heir, is there a need to execute a
deed of partition? Explain.[75]
76. What is the presumption if no creditor files a petition for
letters of administration within two (2) years after the death of
the decedent?[76]
77. A, B and C are heirs of D. D died on January 5, 2010. D’s
estate was partitioned by his three heirs and titles issued to each
one of them on July 16, 2013 with an annotation of the two-year
lien under Section 4 of Rule 74. E bought the land of C last
Monday. Can E file a Petition for the cancellation of the
annotation of the two-year lien in the title?[77] Explain.
78. Where the estate consists only of personal property, is there
still a need to file the extrajudicial settlement with the Registrar
of deeds?[78] Explain.
79. If the estate consists of real and personal property, is there a
need to file extrajudicial settlement with the ROD?[79] Explain.
80. What if the heirs executed an extrajudicial settlement of
estate which was duly published but C, an illegitimate son of X,
was not notified nor participated therein. Will C be bound by the
extrajudicial settlement because it was already published?
Explain.[80]
81. Spouses R and S died in a plane crash in 2013. They left an
estate with a gross value of P9,000.00. Which court has
jurisdiction over the petition?[81]
82. Based on the preceding problem, is there a need to appoint
an executor or administrator, as the case may be?[82] Explain.
83. If after trial it is found that only personal property were left
by the spouses, is there a need to record the order of partition
with the ROD of the place? Explain.[83]
84. D died leaving behind A and B as heirs. Only real properties
were left the value of which was P9,000.00. Is there a need for A
and B to file a bond before they partition and distribute the
estate? Explain.[84]
85. Let us assume that A and B received their shares on
December 3, 2014, but on January 2, 2015, C claimed that D has
a debt to him, may A and B be held liable on the shares that they
already received?[85] Explain.
86. Let us assume that F, a minor illegitimate child of D, will turn
18 only on January 7, 2017, will he be allowed to claim his share
the following month of more than two years after the distribution
of the estate to A and B?[86] Explain.
87. Ramon executed a Will distributing his property among his
heirs. The heirs partitioned the estate according to the Will of
Ramon without having the Will probated. Were the heirs
correct?[87] Explain.
88. Will the judgment allowing the Will persuasive as to its due
execution?[88] Explain.
89. The Will of the deceased wife was allowed probate by the RTC
of Ozamis upon the petition of the executor, her husband, and
the estate of the wife distributed in accordance with the Will. Two
years later, the husband was charged in the RTC of Iligan with
the crime of falsification for allegedly forging the signature of the
wife in the Will. Five witnesses testified to be present when the
husband falsified the Will. RTC Iligan convicted the husband and
declared that the Will was indeed forged. Was the RTC Iligan
correct in declaring that the Will was a falsified
document? [89]
Explain.
90. What is the duty of the custodian of the Will after he knows of
the testator’s death?[90]
91. What is the duty of the person named as executor in the Will
after he knows of the testator’s death or after he knows that he
was named as the executor?[91]
92. Outline in brief the judicial proceedings for the settlement of
the estate of a deceased person. 8 points.[92]
93. M has custody of the Will of the testator but he failed to
deliver the Will to the probate court or to the executor even after
60 days from knowledge of the death of the testator. May M be
committed to prison? Explain.[93]
94. Who may petition for the allowance of a Will?[94]
95. May a creditor of the decedent file a petition for the probate
of a Will? Explain.[95]
96. Will the testator, who is still alive, petition the court for the
allowance of his own Will? Explain.[96]
97. If the testator asks for the allowance of his own Will, who will
be notified of the date of hearing?[97]
98. Will a defect in the petition render void the allowance of the
Will?[98] Explain.
99. What must be shown before the introduction of testimony in
support of the Will?[99]
100. Is mere publication of the notice enough to confer
jurisdiction on the court?[100]