(QUESTIONS) 1. Can a will executed by a foreigner abroad be probated in the Philippines although it has not been previously probated and allowed in the country where it was executed? 2.
Sometime in 1964, Pino died leaving behind a parcel of
land in Northern Samar to his wife, Nina and three children, namely, Cesar, Ester and Rudy. On 1972, Cesar died leaving behind his wife and son, Nardo. Subsequently, Nina, and Ester sold the said land to Spouses Floralde. It was provided in the deed of sale that the shares of Nardo and Rudy, being minors at the time of the sale, will be held in trust by the vendee and will paid upon them reaching the age of 21. In 1986, Rudy received the sum of 1,143 pesos from the Spouses Floralde representing his share from the proceeds of the sale of the property. It was only in 1988, that Nelson learned of the sale from his uncle, Rudy. He signified his intention to redeem the property and filed a complaint for redemption against the Spouses Floralde. Was the sale made by a legal guardian (Nina) in behalf of the minors (Nardo and Rudy) binding upon them?
3. Who is an incompetent person?
4.
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. Is a petition for Declaration of Presumptive Death a special proceeding? Why or why not?
5.
Roxas volunteered to join members of BAYAN-Tarlac in
conducting an initial health survey in La Paz, Tarlac for a future medical mission. After doing survey work, Roxas and her companions were forcibly tied, blindfolded and taken by 15 heavily armed men, all in civilian clothes and were wearing bonnets to conceal their faces. After about an hour of travelling, the van stopped. Roxas, and her companions were ordered to alight. After she
was informed that she was detained for being a member of
the Communist Party of the Philippines New Peoples Army (CPP-NPA), Roxas was separated from her companions and was escorted to a room which she believed is a jail cell from the sound of the metal doors. From there she could hear the sounds of gunfire, the noise of planes taking off and landing and some construction bustle. Roxas inferred that she was taken to the military camp of Fort Magsaysay in Laur, Nueva Ecija. On May 25, 2009, Roxas was finally released and returned to her uncles house in Quezon City. Roxas filed a petition for writ of amparo and writ of habeas data. a Are high ranking civilians and military authorities liable in Roxas abduction and torture? b Is the grant of writ of habeas data proper? 6. What are the issues that may be resolved by the probate court? 7. Can a special proceeding be joined with ordinary civil actions? 8. Is a person convicted by final judgment and/or out on a bail entitled to the writ of habeas corpus? 9. May a wife secure a writ of habeas corpus to compel her husband to live with her in their conjugal home? 10. John died leaving property in Cebu City. At the time of his death he was a resident living in Cebu although he is a citizen of Canada. After his death his wife moved to Northern Samar. Where would you file the case for Settlement of estate of Deceased Person? 11. Daisy is a resident of Canada. At the time of her death in Cataman N. Samar during a vacation, where she left some real estate property woth Php100,000 her two children filed in the MTC for settlement of the estate. If you were the judge, how would you rule? If the two children filed in separate RTCs. Which case should prevail? 12. Spouses Ermac and Mariquit both died leaving a parcel of land as the only property to be inherited by heirs. MEDELO: grandson filed petition for summary settlement of the estate. ERMAC: (one of the sons of the deceased) moved for reconsideration of the order of settlement claiming the land as belonging to him and his wife. Is the approval of the project of partition valid despite the claim of ERMAC in a separate civil action? 13. Carlos Gurrea left a will naming Pijuan as executor. Mrs. Gurrea opposed the probate proceedings, saying that as
widow, she claims a right of preference under Sec. 6, Rule 78
of the Revised Rules of Court. Mrs. Gurrea also moved that in light of the suspension of the support and annulment case by reason of Carloss death, support previously awarded to her should be continued pending the final determination of the case. a. Should Mrs. Gurrea be appointed as administratrix of the estate? b. Should the support previously awarded to Mrs. Gurrea be continued? 14. What are the contents of petition for letters of administration? 15. UMIPIG was appointed special administrator of the estate of Placida Mina. DEGALA is complaining claiming the UMIPIG should be removed as special administrator for: Adverse interest; stranger to the estate, not being a beneficiary in the will; failed to include some property in the inventory; failed to pay taxes due from the estate; failed to render accounting Should Umipig be removed as special administrator based on the claims?