Académique Documents
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SETTLEMENT OF ESTATE
probate of will
petition for letters
testamentary/administration
inventory of estate
inventory of claims
order of distribution
delivery of possession
payment of obligations
order of closure
final accounting
recording
declaration of heirs
JURISDICTION
Conferred by law, BP 129
Based on value of estate
RTC if over 400,000 in MM or
VENUE
If resident of the Philippines at
where property is
Modes of transmission:
1. testamentary
2. legal or intestate*
3. mixed
TESTAMENTARY
Always judicial, mandatory probate of
executor
- devisee
- legatee
-person interested (on its face)
- testator during lifetime
-
HEARING REQUIRED
NOTICE REQT:
publication of date of hearing 3
consecutive weeks, once a week,
newspaper of gen circulation in
PROVINCE
notice to all named in the will
mailed 20 days before the hearing
or personally delivered 10 days
before the hearing
PROOF REQUIRED
NON-CONTESTED WILLS:
1 subscribing witness for notarial wills
1 witness who knows handwriting of
testator OR expert witness if none
CONTESTED WILLS:
ALL subscribing witnesses for notarial
wills
3 witnesses who knows handwriting of
testator OR expert witness
[* for lost wills]
GROUNDS FOR
DISALLOWANCE exclusive
formalities of law requisites
incapacity insane, mentally
incapable etc
vitiated consent under duress,
undue influence etc
SPECIAL ADMINISTRATOR
1. officer of the court
2. where there is delay in
appointment of regular
administrator
3. interlocutory
INVENTORY OF ESTATE:
1. within 3 months of estate
2. all real and personal property
within his knowledge
3. may institute recovery proceedings
but should include it in inventory
provisionally
CHARGEABLE TO EXEC/ADMINS
BOND:
- use of part of the estate
- delays, fault of exec/admin
- bond premiums
- losses from mismanagement or
fault
- salaries to others (not required)
INVENTORY OF CLAIMS
NOTICE:
ORDER addressed to all named
published (3/1) in newspaper of
gen. circ. in province + posting in
public places (4 in province, 2 in
mun. of last residence) JURISDICTIONAL
INVENTORY OF CLAIMS
NOTICE:
with whom: Clerk of Court
period: not less than 6 mos or
more than 12 mos from FIRST
publication (STATUTE OF NON
CLAIM)
INVENTORY OF CLAIMS
(STATUTE OF NON CLAIM)
barred if not filed:
1. contractual money claims
2. funeral expenses and expenses
from last sickness
3. money judgments (final but not
executed)
INVENTORY OF CLAIMS
(STATUTE OF NON CLAIM)
exemptions:
those arising from other sources
of obligation
INVENTORY OF CLAIMS
what claims should be brought as
an action against the exec/admin
(not as a money claim in the
settlement proceedings)?
1. actions to recover property
2. actions to enforce lien
3. actions that survive death to
recover damages (tort/delict)
INVENTORY OF CLAIMS
does the commencement of
settlement proceedings toll
prescriptive periods of causes of
action?
No, must file, especially if period
for claim not yet set
PAYMENT OF OBLIGATIONS
1. charge to personal items
cash, sale
2. collation
3. charge to real property with
court approval (hearing, specific
purpose only)
4. collation
DECLARATION OF HEIRS
- who inherits finally, exclusion,
inclusion, inventory of heirs
- in same proceeding, may move
for distribution
ORDER OF DISTRIBUTION
- Project of Partition not
mandatory
- admin/exec may recommend
-reconcile with initial partial
distribution
- determine/ensure 2-yr
liens
DELIVERY OF POSSESSION
- Project of Partition not
mandatory
- admin/exec may recommend
is a decree/order of distribution a
final judgment? remedies
-appeal
-reopen case
-action for annulment of partition
-action for partition
-settlement of estate
ESCHEAT
reqt: no will, no heirs
petitioner: Sol Gen
venue: RTC of last residence or
where property is if non-resident
notice: publication 6/1 + personal
notice to all actual possessories
or occupants and adjacent lot
owners
ESCHEAT
disposition of property:
personal mun/city of last
residence* if resident, where
located if non resident
real mun/city where located
* unclaimed deposits to Treasury
GUARDIANSHIP
Rule 92-97 applicable to
incompetents who are not minors
AM 03-02-05-SC applicable to
minors
GUARDIANSHIP
-determine age first to determine
what rule applies
-age also deermines
jurisdiction/venue (RTC or FC)
-for non residents, guardianship is
only over property located in the
Phils
GUARDIANSHIP
HOSPITALIZATION OF INSANE
PERSONS
-Secretary of Health must file for
guardianship first in order to
hospitalize an insane person who
has no guardian
HOSPITALIZATION OF INSANE
PERSONS
reqt: for public welfare or welfare
of such person, persons having
charge of insane person refuses
to commit
petitioner: Secretary of Health
venue: RTC were insane person
found
AS ABSENT
purpose: to manage property
while absent, perform other
necessary obligations
petitioner: spouse, heirs
interested in will, relatives if no
will, those with some inchoate
right
venue: RTC of last residence (not
domicile)
ADOPTION
RA 8552 Domestic Adoption Act
RA 8043 Inter Country Adoption
Act
AM 02-6-02-SC - Rules
RA 9523 Declaration of a Child
as Legally Available for Adoption
DOMESTIC ADOPTION
CHILD below 18 at time of filing,
legally available under RA 9523
(adult: if biological child, one
considered as child since
minority)
ADOPTERS:
-Qualifications (legal age, civil
capacity)
--at least 16 yrs older than
adoptee (unless biological parent)
-If alien: country has diplomatic
relations with Phils / 3-yr
residence prior to adoption /
certification that allowed to adopt
under countrys laws and child is
ADOPTERS:
-For aliens: waived residency reqt
if:
-Former Fil adopting a relative to
4th degree
-Alien adopting legitimate child of
Fil spouse
-Alien jointly adopting with Fil
spouse a relative of Fil spouse to
DOMESTIC ADOPTION
required proceedings included in
petition:
-Change of name
-Rectification of simulated birth
DOMESTIC ADOPTION
notice: publication 3/1 (if with
change of name, published at
least 4 mos before hearing),
notice to all named in petition,
notice to Sol Gen
Jurisdiction/venue: FC/RTC of
residence of adopters
RESCISSION:
-only by ADOPTEE, adopter may
only disinherit
grounds: repeated physical abuse,
attempt on life, sexual assault,
abandonment
prescription: within 5 yrs of age of
majority or recovery from
INTER-COUNTRY ADOPTION
adopters: aliens, or non resident
Filipinos, at least 27 yrs old and 16
yrs older than adoptee
child: below 15 at commencement of
proceedings
Where to file: an application with the
intermediate agency in home country
who files it with the inter country
adoption board in the Phils.
INTER-COUNTRY ADOPTION
Where to file: may be filed with
RTC/FC where child is found, but
RTC/FC only evaluates documents
then submits it to the inter country
adoption board
INTER-COUNTRY ADOPTION
EFFECTS:
-legitimacy?
-parental authority?
-citizenship?
-residency?
-succession?
CANCELLATION OR CORRECTION OF
ENTRIES IN CIVIL REGISTRY
RULE 108 (JUDICIAL)
RA 9048 clerical or typos, change of
first name or nickname (ADMIN)
RA 10172 clerical or typos, sex, first
name, day and month of birthday
(ADMIN)
CANCELLATION OR CORRECTION OF
ENTRIES IN CIVIL REGISTRY
Clerical or typo errors: Evident
mistake, harmless and innocuous,
mis-spelled, visible to eyes, obvious
to understanding
Notice: publication 3/1
Jurisprudence: Cagandahan v. Silverio
cases