SPECIAL PROCEEDINGS FINAL EXAMINATIONS TSU College of Law SY 2012-2013

NAME:

Steve Russel P. Regua SCORE: ________

1. Give the jurisdictional facts that must be alleged in a petition for a. Judicial Settlement of Intestate Estate The following must be alleged, to wit: i. The Citizenship and Residence of the Decedent. If he is a resident of the Philippines whether alien or not, the court of the place of his residence upon death shall have jurisdiction. ii. Place or location of the estate. If he is not a resident, the court of the place where he had his estate shall have jurisdiction. iii. Gross value of the estate. If the estate is less than P300, 000.00 or P400, 000.00 in Metro Manila the Municipal Trial Court shall have the jurisdiction. If the estate exceeds the above-mentioned amount the Regional Trial Court shall have the jurisdiction. b. Probate of Will The following must be alleged, to wit: i. The Citizenship and Residence of the Decedent. If he is a resident of the Philippines whether alien or not, the court of the place of his residence upon death shall have jurisdiction. ii. Place or location of the estate. If he is not a resident, the court of the place where he had his estate shall have jurisdiction. iii. Gross value of the estate. If the estate is less than P300, 000.00 or P400, 000.00 in Metro Manila the Municipal Trial Court shall have the jurisdiction. If the estate exceeds the above-mentioned amount the Regional Trial Court shall have the jurisdiction. c. Guardianship of a Minor Child The following must be alleged, to wit: i. Residence of the minor. The Family Court of the city, town, or province where the minor actually resides has jurisdiction. ii. Place or location of the property of the minor. If the minor resides in a foreign country, the Family Court of the province or city or town where the property or part of the property of the minor is situated.

d. Correction of Entry in a Birth Certificate The following must be alleged, to wit: i. Residence of the petitioner. The Regional Trial Court of the place where the petitioner resides for years prior to the petition shall have the jurisdiction. ii. Location of the Civil Registry where the record is kept. The Regional Trial Court where the office of the civil registrar where the record subject of the petition is kept shall have jurisdiction. e. Adoption The following must be alleged, to wit: i. Residence of the adopter. For domestic adoption, the Family Court of the province, city, or town where the adopter resides shall have jurisdiction. ii. Residence of the child to be adopted. For inter-country adoption, the Family Court of the province, city, or town where the child resides shall have jurisdiction, or it can also be filed directly with the Inter-Country Adoption Board. (10%) 2. Frank and Gina were married on June 12, 1987 in Manila. Barely a year after the wedding, Frank exhibited a violent temperament, forcing Gina, for reasons of personal safety, to live with her parents. A year thereafter, Gina found employment as a domestic helper in Singapore, where she worked for ten consecutive years. All the time she was abroad, Gina had absolutely no communications with Frank, nor did she hear any news about him. While in Singapore, Gina met and fell in love with Willie. On July 4, 2007, Gina filed a petition with the RTC of Manila to declare Frank presumptively dead, so that she could marry Willie. The RTC granted Ginas petition. The Office of the Solicitor General (OSG) filed a Notice of Appeal with the RTC, stating that it was appealing the decision to the Court of Appeals on questions of fact and law. a . Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not? (3%) The Petition for Declaration of Presumptive Death under this case is not a special proceeding. The law and cases are clear in stating that if the purpose of the declaration of presumptive death is to contract a valid

subsequent marriage, the petition for that instance is not a special proceeding but a summary proceeding.
xxx By the trial courts citation of Article 41 of the Family Code, it is gathered that the petition of Apolinaria Jomoc to have her absent spouse declared presumptively dead had for its purpose her desire to contract a valid subsequent marriage. Ergo, the petition for that purpose is a "summary proceeding," following above-quoted Art. 41, paragraph 2 of the Family Code. (Republic of the Philippines v. The Honorable Court of Appeals G.R. No. 163604 May 6, 2005) xxx

b. As the RTC judge who granted Ginas petition, will you give due course to the OSs Notice of Appeal? Explain. (3%) Yes. Since it is already clear that the petition is in the nature of a summary proceeding and not a special proceeding the Filing of the Notice of Appeal by the OS shall suffice.
xxx there is no doubt that the petition of Apolinaria Jomoc required, and is, therefore, a summary proceeding under the Family Code, not a special proceeding under the Revised Rules of Court appeal for which calls for the filing of a Record on Appeal. It being a summary ordinary proceeding, the filing of a Notice of Appeal from the trial courts order sufficed. (Emphasis Supplied. Ibid.) xxx

3. Pinoy died without a will. His wife, Rosie, and three children executed a deed of extrajudicial settlement of his estate. The deed was properly published and registered with the Office of the Register of Deeds. Three years thereafter, Suzy appeared, claiming to be the illegitimate child of Pinoy. She sought to annul the settlement alleging that she was deprived of her rightful share in the estate. Rosie and the three children contended that (1) the publication of the deed constituted constructive notice to the whole world, and should therefore bind Suzy; and (2) Suzys cause of action had already prescribed. Are Rosie and the three children correct? Explain. (3%) Yes, Rosie and the three children are correct regarding the publication, but not totally regarding the prescription. It is very impossible and impracticable to require an heir to personally notify all other interested parties on the estate of the decedent especially if some of them are totally unknown to him. Hence, the law allows a publication and that publication shall be sufficient and shall constitute a constructive notice to the whole world.

Regarding prescription, the failure to claim against the estate within the two-year period as required by law will only raise a PRESUMPTION that there is no longer any claim against the estate and not a conclusion. Therefore, even if the two-year period had lapsed the cause of action of a legal heir does not yet prescribe if she can prove that she was not notified, i.e. that she has no means to be able to read the publication, and that she did not participate in the proceedings.
RULE 74 Summary Settlement of Estate Section 1. Extrajudicial settlement by agreement between heirs. xxx xxxx. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent. The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the nest succeeding section; but no extrajudicial settlement shall be binding

upon any person who has not participated therein or had no notice thereof. (Emphasis, Italics, and Underlining supplied.) 4. What are the grounds and where do we file a petition for writ of amparo, writ of habeas corpus, writ of habeas data and writ of kalikasan? (8%) For Writ of Amparo. The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable anywhere in the Philippines. The petition can be filed when the right to life, liberty, and security of a person is violated or threatened. (Sec. 3, Rule on the Writ of Amparo). For Writ of Habeas Corpus. The petition may be filed on any day and at any time with the Regional Trial Court of the place where the person is illegally detained, with the Court of Appeals on instances allowed by law and applicable anywhere in the Philippines, with Sandiganbayan only in aid of its appellate jurisdiction, or with the Supreme Court which will be enforceable anywhere in the Philippines. The petition can be filed when a person is illegally detained by another person or group of persons where that person has no right nor legal duty to make the detention. For Writ of Habeas Data. The petition may be filed with the Regional Trial Court where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner. The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of

government offices. The petition is available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. (Rule on the Writ of Habeas Data) For Writ of Kalikasan. The writ is a remedy available to a natural or juridical person, entity authorized by law, peoples organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. The writ can be filed with the Supreme Court or with the Court of Appeals. (Rule 7, Rules of Procedure for Environmental Cases) 5. Apart from the case for the settlement of her parents estate, Maria filed an action against her sister Luna, for reconveyance of title to a piece of land. Maria claimed that Luna forged the signatures of their parents to make it appear that they sold the land to her when they did not thus prejudicing Marias legitime. Luna moved to dismiss the action on the ground that the dispute should be resolved in the estate proceedings. Is Luna correct? After choosing your answer, cite and write the applicable legal provision. (3%) A. Yes, questions of collation should be resolved in the estate proceedings, not in a separate civil case.
Section 9. Property fraudulently conveyed by deceased may be recovered. When executor or administrator must bring action. When there is a deficiency of assets in the hands of an executor or administrator for the payment of debts and expenses of administration, and the deceased in his lifetime had conveyed real or personal property, or a right or interest therein, or an debt or credit, with intent to defraud his creditors or to avoid any right, debt, or duty; or had so conveyed such property, right, interest, debt or credit that by law the conveyance would be void as against his creditors, and the subject of the attempted conveyance would be liable to attachment by any of them in his lifetime, the executor or administrator may commence and prosecute to final judgment an action for the recovery of such property, right, interest, debt, or credit for the benefit of the creditors; but he shall not be bound to commence the action unless on application of the creditors of the deceased, not unless the creditors making the application pay such part of the costs and expenses, or give security therefor to the executor or administrator, as the court deems equitable. (Rule 87, Special Proceedings)

B. No, the filing of the separate action is proper, but the estate proceeding must be suspended in the meantime.

C. Yes, in the sense that Maria needs to wait until the estate case has been terminated. D. No, since questions of ownership of property cannot be resolved in the estate proceedings. 6. Which of the following is a duty enjoined on the guardian and covered by his bond? After choosing your answer, cite and write the applicable legal provision. (3%) A. Ensure the compensation for his services to the ward. B. Raise the ward to become a responsible member of society C. Provide for the proper care, custody and education of the ward. (Rule 96, Special Proceedings) D. All of the above.

7. Angel Kubeta filed a petition to change his first name :ANGEL. After the required publication but before any opposition could be received, he filed a notice of dismissal. The court confirmed the dismissal without prejudice. Five days later, he filed another petition, this time to change his surname KUBETA Again, after publication and before any opposition could be made, he filed a notice of dismissal. This time however, the court issued an order confirming the dismissal of the case with prejudice. Is the dismissal with prejudice correct? (3%) Yes, since the rule on dismissal of action upon the plaintiffs notice applies and the two cases involve a change in name. 8. Which of the following is sufficient to disallow a will on the ground of mistake? After choosing your answer, cite and write the applicable legal provision. (3%) A. The testator intended a unwittingly executed a will. donation intervivos but

Section 9. Grounds for disallowing will. The will shall be disallowed in any of the following cases: (a) xxx xxx; (b) xxx xxx;

(c) xxx xxx; (d) xxx xxx; e) If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument should be his will at the time of fixing his signature thereto. (Emphasis and underlining supplied. Rule 76, Special Proceeding)

B. The inclusion or distribution among the heirs of properties not belonging to the testator C. An error in the description of the land devised in the will. D. An error in the name of the person nominated as executor. 9. Dorothy filed a petition for writ of habeas corpus against her husband, Roy to get from him custody of their 5 year old son, Jeff. The court granted the petition and required Roy to turn over Jeff to his mother. Roy sought reconsideration but the court denied it. He filed a notice of appeal five days from receipt of the order denying his motion for reconsideration. Did he file a timely notice of appeal? (3%) No, since he filed it more than 2 days after receipt of the order denying his motion for reconsideration. 10. In proceedings for the settlement of the estate of deceased persons, the court in which the action is pending may properly: (3%) After choosing your answer, cite the appropriate legal provision A. Pass upon with the consent of all the heirs the issue of ownership of estate asset, contested by an heir if no third person is affected.
Section 4. Liability of distributees and estate. If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. Xxx xxx. (Emphasis, Underlining, and Italics provided.Rule 74, Special Proceedings)

B. Rescind a contract of lease entered into by the deceased before death on the ground of contractual breach by the lessee. C. Rule on a claim by one of the heirs that an estate asset was held in trust for him by the deceased.

D. Pass upon question of ownership of a real property in the name of the deceased but claimed by a stranger.

11. An heir/oppositor in a probate proceeding filed a motion to remove the administrator on the grounds of neglect of duties as administrator and absence from the country. On his part the heir/oppositor served written interrogatories to the administrator preparatory to presenting the latter as a witness. The administrator objected, insisting that the modes of discovery apply only to ordinary civil actions, not special proceedings. Rule on the matter. (3%) The administrator is misguided. It is clear and explicit in the Rules of Court under Rule 1, section 3 that the rule shall govern procedures in criminal, civil, and special proceedings. When the law is clear and unequivocal there is no room for further interpretation, hence, the objection of the administrator should not be given any credence and it should be clear that modes of discovery as covered in the Rules of Court shall be applicable in all proceedings.
Section 3. Cases governed. These Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings. (Emphasis Supplied. Rule 1 Rules of Court)

Xxx xxx. 12. Which of the following claims survive the death of the defendant and need not be presented as a claim against the estate? After choosing your answer, cite and write the applicable legal provision. (3%) A. Contingent money claims arising from contract. B. Unenforced money judgment against the decedent, with death occurring before levy on execution of the property. C. Claims for damages arising from quasi-delict.
Section 5. Claims which must be filed under the notice. If not filed, barred; exceptions. All claims for money against the decent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expense for the last sickness of the decedent, and judgment for money against the decent, must be filed within the time limited in the notice; otherwise they are barred forever, except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. Where an executor or administrator commences an action, or prosecutes an action already commenced by the deceased in his lifetime, the debtor may set forth by answer the claims he has against the decedent, instead of presenting them independently to the court as herein provided, and mutual claims may be set off against each other in such action; and if final judgment is rendered in favor of the defendant, the amount so determined shall be

considered the true balance against the estate, as though the claim had been presented directly before the court in the administration proceedings. Claims not yet due, or contingent, may be approved at their present value. (Emphasis, underlining, and italics supplied, Rule 86 Special Proceedings)

D. Claims for funeral expenses. 13. What is the right correlation between a criminal action and a petition for Writ of Amparo both arising from the same set of facts? (3%) A. When the criminal action is filed after the Amparo petition, the latter shall be dismissed. B. The proceeding in an Amparo petition is criminal in nature. C. No separate criminal action may be instituted after an Amparo petition is filed. D. When the criminal action is filed after the Amparo petition, the latter shall be consolidated with the first. 13. Alex filed a petition for writ of amparo against Melba relative to his daughter Tonis involuntary disappearance. Alex said that Melba was Toni's employer, who, days before Toni disappeared, threatened to get rid of her at all costs. On the other hand, Melba countered that she had nothing to do with Toni's disappearance and that she took steps to ascertain Toni's whereabouts. What is the quantum of evidence required to establish the parties' respective claims? (3%) A. For Alex, probable cause; for Melba, substantial evidence. B. For Alex, preponderance of evidence; for Melba, substantial evidence. C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence. D. For both, substantial evidence. 14, 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? (1%) A. Yes, since such earnest effort is jurisdictional in all estate cases. B. No, since such earnest effort 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.

14. In settlement proceedings, appeal may be taken from an: After choosing your answer, cite and write the applicable legal provision. (3%) a) order appointing a special administrator; b) order appointing an administrator; c) order of an administrator to recover property of the estate; d) order to include or exclude property from the estate.
RULE 109 APPEALS IN SPECIAL PROCEEDINGS SECTION 1. Orders or judgments from which appeals may be taken.-An interested person may appeal in special proceedings from an order or judgment rendered by a Regional Trial Court [or a Juvenile, and Domestic Relations Court], where such order or judgment: Xxx xxx; (b) Determines who are the lawful heirs of a deceased person, or the distributive share of the estate to which such person is entitled; Xxx xxx;

16. Under the Rules on the Writ of Amparo, interim relief orders may be issued by the Court except: (1%) a) production order; b) witness protection order; c) hold departure order; (Section 14,Rule on the Writ of Amparo) d) temporary protection order.

17. In default of parents, the court may appoint a guardian for a minor giving first preference to: After choosing your answer, cite and write the applicable legal provision. (3%) a) an older brother or sister who is over 18 years old. b) the actual custodian over 21 years old. c) a paternal grandparent
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. Xxx xxx. (355a) Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent, as provided in Art. 214; xxx. xxx. (Emphasis, and underscoring supplied, The Family Code of the Philippines)

d) an uncle or aunt over 21 years old 18, A wants to file a Petition for Writ of Habeas Data against the AFP in connection with threats to his life allegedly made by AFP intelligence officers. A needs copies of AFP highly classified intelligence reports collected by Sgt. Santos who is from AFP. A can file his petition with: After choosing your answer, cite and write the applicable legal provision. (3%) a) RTC where AFP is located; b) RTC where Sgt. Santos resides; c) Supreme Court;
Sec. 3 Where to file. Xxx xxx. The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government offices. (Emphasis, and underscoring supplied, Rule on the Writ of Habeas Data

d) Court of Appeals 19. The statute of "non-claims" requires that: a) claims against the estate be published by the creditors. b) money claims be filed with the clerk of court within the time prescribed by the rules. c) claims of an executor or administrator against the estate be filed with the special administrator. d) within two (2) years after settlement and distribution of the estate, an heir unduly deprived of participation in the estate may compel the re-settlement of the estate.
Section 1. xxx xxx. It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent. (Rule 74, Special Proceedings)

After choosing your answer, cite and write the applicable legal provision. (3%) 20. Which of the following is not a Special Proceeding? (1%) a) Absentees; (Rule 72, Sec. 1, Special Proceedings) b) Escheat; c) Change of First Name; d) Constitution of Family Home; 21. If the judgment debtor dies after entry of judgment, execution of a money judgment may be done by: a) presenting the judgment as a claim for payment against the estate in a special proceeding.
Section 5. Claims which must be filed under the notice. If not filed, barred; exceptions. All claims for money against the decent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expense for the last sickness of the decedent, and judgment for money against the

decent, must be filed within the time limited in the notice; otherwise they are barred forever, except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. Where an executor or administrator commences an action, or prosecutes an action already commenced by the deceased in his lifetime, the debtor may set forth by answer the claims he has against the decedent, instead of presenting them independently to the court as herein provided, and mutual claims may be set off against each other in such action; and if final judgment is rendered in favor of the defendant, the amount so determined shall be considered the true balance against the estate, as though the claim had been presented directly before the court in the administration proceedings. Claims not yet due, or contingent, may be approved at their present value. (Emphasis, and underscoring supplied. Rule 86, Special Proceedings)

b) filing a claim for the money judgment with the special administrator of the estate of the debtor. c) filing a claim for the money judgment with the debtor's successor in interest. d) move for substitution of the heirs of the debtor and secure a writ of execution. After choosing your answer, cite and write the applicable legal provision. (3%)

22. A person entitled to the estate of a deceased person escheated in favor of the State has: a) 5 years from date of judgment to file a claim.
Section 4. When and by whom claim to estate filed. If a devisee, legatee, heir, widow, widower, or other person entitled to such estate appears and files a claim thereto with the court within five (5) years from the date of such judgment, such person shall have possession of and title to the same, or if sold, the municipality or city shall be accountable to him for the proceeds after deducting reasonable charges for the care of the estate; but a claim not made within the said time shall be forever barred. (Emphasis, and underscoring supplied. Rule 91, Special Proceeding)

b) 2 years from date of judgment to file a claim. c) 5 years from date of registration of the judgment to file a claim. d) 2 years from date of registration of the judgment to file a claim. After choosing your answer, cite and write the applicable legal provision. (3%) 23. A special administrator may be appointed by a court when: a) the executor cannot post a bond. b) the executor fails to render an account. c) regular administrator has a claim against estate represents.
Section 8. Claim of executor or administrator against an estate. If the executor or administrator has a claim against the estate he represents, he shall give notice thereof, in writing, to the court, and the court shall appoint a special administrator, who shall, in the adjustment of such claim, have the same power and be subject to the same liability as the general administrator or executor in the settlement of other claims. The court may order the executor or administrator to pay to the special administrator necessary funds to defend such claim. (Emphasis, and underscoring supplied. Rule 86, Special Proceedings)

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d) a Motion for Reconsideration is filed with respect to a decision disallowing probate of a will. After choosing your answer, cite and write the applicable legal provision. (3%) 24. A and B adopted their nephew. They filed an action for revocation of the adoption on May 1, 1998 on the ground that their nephew neglected them. Based on the Rules of Domestic Adoption, the judge must: a) advise A and B to just disinherit the nephew. b) disallow the revocation. Mere neglect is not one of the grounds for revocation of adoption.
Section 1. Who may file petition; grounds. A minor or other incapacitated person may, through a guardian or guardian ad litem, petition for the rescission or revocation of his or her adoption for the same causes that authorize the deprivation of parental authority. The adopter may, likewise, petition the court for the rescission of revocation of the adoption in any of these cases: (a) If the adopted person has attempted against the file of the adopter; (b) When the adopted minor has abandoned the home of the adopter for more than three (3) years; (c) When by other acts the adopted person has repudiated the adoption.(Rule 100, Special Proceeding)

c) refer the petition to the DSWD. d) grant the petition after hearing. After choosing your answer, cite and write the applicable legal provision. (3%) 25. An heir/oppositor in a probate proceeding filed a motion to remove the administrator on the grounds of neglect of duties as administrator and absence from the country. On his part the heir/oppositor served written interrogatories to the administrator preparatory to presenting the latter as a witness. The administrator objected, insisting that the modes of discovery apply only to ordinary civil actions, not special proceedings. Rule on the matter. (3%) The administrator is misguided. It is clear and explicit in the Rules of Court under Rule 1, section 3 that the rule shall govern procedures in criminal, civil, and special proceedings. When the law is clear and unequivocal there is no room for further interpretation, hence, the objection of the administrator should not be given any credence and it should be clear that

modes of discovery as covered in the Rules of Court shall be applicable in all proceedings.
Section 3. Cases governed. These Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings. (Emphasis Supplied. Rule 1 Rules of Court)

Xxx xxx. 26. Domenico and Gen lived without benefit of marriage for twenty years, during which time they purchased properties together. After Domenico died without a will, Gen filed a petition for letters of administration. Domenico's siblings opposed the same on the ground that Gen has no legal personality. Decide. (3%) Gen can be appointed as administrator. In the absence of proof to the contrary, all properties acquired while Domenico and Gen lived together shall be presumed to have been obtained by their joint efforts, work, and industry and that they shall be deemed co-owners of those properties. Being co-owners need not the benefit of marriage for such to be established, hence, the opposition must be denied since Gen clearly has the right and personality in the case at bar. 27. B files a petition for cancellation of the birth certificate of her daughter R on the ground of falsified material entries there in made by B's husband as the informant. The RTC sets the case for hearing and directs the publications of the order once a week for three consecutive weeks in a newspaper of general circulation. Summons was served on the Civil Registrar but there was no appearance during the hearing. The RTC granted the petition. R filed a petition for annulment of judgment before the Court of Appeals, saying that she was not notified of the petition and hence, the decision was issued in violation of due process. B opposed saying that the publication of the court order was sufficient compliance with due process. Rule. (3%) R is misguided. A publication is considered a constructive notice to the whole world about a certain proceeding or any matter that the court may decide for it will be impossible and impractical to require a party to notify each and every possible party or interested person to a case personally.
Xxx xxx. Publication is notice to the whole world that the proceeding has for its object "to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established. (Emphasis, and underscoring supplied. Ng Yao Siong vs. Republic)

Hence, there is no violation of due process in the case at bar. VI 28. The heirs of H agree among themselves that they will honor the division of H's estate as indicated in her Last Will

and Testament. To avoid the expense of going to court in a Petition for Probate of the Will, can they instead execute an Extrajudicial Settlement Agreement among themselves? Explain briefly. (3%) Yes. The Judiciary actually encourages the parties to settle matters among themselves to avoid filing of unnecessary cases and to expedite the process. In fact the law also provides for extrajudicial settlement of estate.
RULE 74 Summary Settlement of Estate Section 1. Extrajudicial settlement by agreement between heirs. If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. Xxx xxx.

29. Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa City , of sound and disposing mind, executed a last will and testament in English, a language spoken and written by him proficiently. He disposed of his estate consisting of a parcel of land in Makati City and cash deposit at the City Bank in the , sum of P300 Million. He bequeathed P50 Million each to his 3 sons and P150 Million to his wife. He devised a piece of land worth P100 Million to Susan, his favorite daughter-in-Iaw. He named his best friend, Cancio Vidal, as executor of the will without bond a. Is Cancio Vidal, after learning of Sergio's death, obliged to file with the proper court a petition for probate of the latter's last will and testament? 2% Cancio Vidal is obliged to file a petition for probate and for accepting or refusing the trust within the statutory period of 20 days.
Section 3. Executor to present will and accept or refuse trust. A person named as executor in a will shall, within twenty (20) days after he knows of the death of the testate, or within twenty (20) days after he knows that he is named executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has reached the court in any other manner, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it. (Emphasis, and underscoring supplied. Rule 75, Special Proceedings)

b. Supposing the original copy of the last will and testament was lost, can Cancio compel Susan to produce a copy in her possession to be submitted to the probate court? 2% Yes. Cancio can compel Susan to produce the copy in her possession. A person having custody of the will is bound to deliver the same to the court of competent jurisdiction or to the executor.
Section 2. Custodian of will to deliver. The person who has custody of a will shall, within twenty (20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will. (Rule 75, Special Proceedings)

c. Can the probate court appoint the widow as executor of the will? 2% Yes. The probate court can appoint the widow as executor of the will if the executor does not qualify, as when he is incompetent, refuses the trust, or fails to give bond.
Section 6. When and to whom letters of administration granted. If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted: (a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve; (b) xxx xxx; (c)xxx xxx. (Rule 78, Special Proceedings)

d. Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2% No. The widow and her children cannot settle the estate extrajudicially because of the existence of the Will. The law clearly provides that no will shall pass either real or personal estate unless it is proved and allowed in the proper court.
Section 1. Allowance necessary. Conclusive as to execution. No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution. (Rule 75, Special Proceedings)

e. Can the widow and her children initiate a separate petition for partition of the estate pending the probate of the last will and testament by the proper court? 2%

 No. The widow and her children cannot file a separate petition for partition pending the probate of the will. Partition is a mode of settlement of the estate thereby circumventing the law.
Section 1. Allowance necessary. Conclusive as to execution. No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution. (Rule 75, Special Proceedings)