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RULE 71
1. URUARTE VS CFI OF NEGROSS
OCCIDENTAL
COURT OF CFI (RTC) HAVE ORIGINAL JURISDICTION
OVER ALL MATTERS OF PROBATE WHETHER THEY DIE
TESTATE OR INTESTATE:
SECTIONS 1 AND 4
OF
RULE 74:
APPLICABLE ONLY
74 IS AN
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SECTION 1, RULE
RULE 77
1. SUNTAY VS SUNTAY, 95 PHIL 500
(J) 3 THINGS TO BE PROVEN DURING RE-PROBATE;
READ MEJARES V. RENADA
SIR ESCOLIN: RULING HAS NO BASIS
Assignment of interest in the estate, not a
bar to probate of a lost or foreign will.
The validity and legality of such
assignments cannot be threshed out in
the probate proceeding which is
concerned only with the probate of the
will.
Probate of a will is proceeding in rem;
notice to all parties essential for its
validity.
The lack of objection to the probate of a
lost will does not relieve the proponent
thereof or the party interested in its
probate from establishing its due
execution and proving clearly and
distinctly the provision thereof by at least
(three) credible witnesses.
RULE 78
1. GABRIEL VS COURT OF APPEALS, 212
SCRA 413
ADMINISTRATION OF DECEDENT ESTATE: ORDER
OF PREFERENCE IN THE ISSUANCE OF LETTERS OF
ADMINISTRATION TO BE OBSERVED IN
APPOINTING AN ADMINISTRATOR:
RULE 79
1. PILIPINAS SHELL PETROLEUM
CORPORATION VS DUMLAO, 206 SCRA
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RULE 82
11
SECTION 3
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2.
VILLANUEVA VS RAMOS,
161 SCRA 363
(J) CLAIM FILED 7 YEARS AFTER
3.
MACLAN VS GARCIA
97
PHIL 119
(J)OBLIGATION THAT ARISES FROM LAW, E.G.,
PAYMENT OF TAX; BUILDER IN GOOD FAITH-PRESENT AS
MONEY CLAIM
86:
The rationale for the rule is that upon the
death of the defendant, a testate or
intestate proceeding shall be instituted in
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4.
JAUCIAN VS QUEROL, 38
PHIL 707
(J) ON SOLIDARY OBLIGATION
EXECUTOR AND ADMINISTRATOR:
When two persons are bound in solidum
for the same debt and one of them dies,
the whole indebtedness can be proved
against the estate of the latter;
And if the claim is not presented to the
committee appointed to allow claims
against the estate within the time
contemplated under the Rules, the same
will be barred as against such estate.
Contingent claim must be presented to the
committee to hear claims against the
estate within the time prescribed for the
presentation of any other claim;
otherwise, they are barred.
5.
BUAN VS LAYA
682
(J) ON CONTINGENT CLAIM
6.
102 PHIL
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8.
7.
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10.
11.
ORTEGA VS CA 153 SCRA
96
(J) ON LIMITED JURISDICTION; DECLARATION OF HEIRS
WITHIN THE COMPETENCE OF THE PROBATE COURT; ON
WHETHER HEIRS ARE SIMULATED OR NOT, ONLY A
PROVISIONAL FINDING OF OWNERSHIP;
DECLARATION OF HEIRS VOID IT HAVING BEEN ALREADY
RESOLVED WITH FINALITY BY THE PROBATE COURT
WHOSE ORDER HAD ALREADY BECOME FINAL ABSENT
AN APPEAL THEREFROM:
12.
CIRCA NILA DEVELOPMENT
CORPORATION VS BAYLEN, 157 SCRA
609
(J) ON LIMITED JURISDICTION
ISSUE: Whether or not the Regional Trial
Court, sitting as a probate court, may compel
performance under a contract it had approved
incidental to its office as such a special court.
13.
GUANCO VS NATIONAL
BANK 54 PHIL 244
The purpose of the proceeding is to elicit
evidence, and the section does not, in
terms, authorize the court to enforce
delivery of possession of the things
involved.
To obtain the possession, recourse must
therefore generally be had to an ordinary
action.
The court could not compel the bank to
surrender possession of the shares upon
mere citation under the Rules.
14.
VALERA VS INSERTO, 149
SCRA 533
TO DETERMINE ISSUE OF TITLE:
1. All parties having legal interest consent
expressly or impliedly; OR
2. No prejudice to third party.
JURISDICTION OF PROBATE COURT; LIMITED AND
WITHOUT POWER TO DETERMINE THE ISSUE OF
TITLE TO PROPERTY CLAIMED BY A THIRD PERSON
ADVERSELY TO THE DECEDENT: EXCEPTION:
PROBATE
COURT'S COMPETENCE:
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16.
LEE V. RTC OF QUEZON CITY 423
SCRA 497
(J) AN HEIR CAN SELL HIS HEREDITARY RIGHTS
WITHOUT THE APPROVAL OF THE COURT
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IS INJURED OR DIMINISHED:
17.
AGUAS VS LLEMOS, 5 SCRA 959
(J) FACTS: P FILED ACTION TO RECOVER DAMAGES FOR
THE MALICIOUS ACT OF D. D DIED BEFORE FILING AN
ANSWER. HELD: CONCEPT OF TORT NOT LIMITED
ONLY TO NEGLIGENCE. INJURY TO PROPERTY.
CLAIM AGAINST THE ESTATE OF THE DECEASED;
ACTION THAT ARE ABATED BY DEATH:
1. Claims for funeral expenses and those
for the last sickness of the decedent;
2. Judgment for money
3. All claims for money against the
decedent, arising from contract
express of implied.
THE PHRASE CONTRACT EXPRESS OR IMPLIED
INCLUDES ALL PURELY PERSONAL OBLIGATION OTHER
THAN THOSE WHICH HAVE THEIR SOURCE IN DELICT OR
TORT.
18.
SHECKER V. ESTATE OF ALICE O.
SCHECKER 540 SCRA 111
(J) ON FILING OF MONEY CLAIM: NOT INITIATORY THAT
REQUIRES CERTIFICATION AGAINST FORUM SHOPPING
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RULE 89
1. INTESTATE ESTATE OF JANUARIA
GONZALES V. DE GUIA 72 PHIL 245
(J) RIGHT OF REDEMPTION IF SALE IS ORDERED BY THE
PROBATE COURT; HEIRS NO RIGHT BECAUSE SALE
CONSIDERED FINAL. ONLY THE PROCEDURE FOR
SELLING UNDER RULE 39 IS APPLICABLE AND NOT THE
REDEMPTION.
SALE ORDERED BY PROBATE COURT;
REDEMPTION:
In the administration and liquidation of the
estate of a deceased person, sales
ordered by the probate court for payment
of debts are final and are not subject to
legal redemption.
Unlike in ordinary execution sales, there is
no legal provision allowing redemption in
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Rule 90
1. TIMBOL V. CANO, 1 SCRA 1271
(J)EVEN IF THERE IS ALREADY ORDER OF
DISTRIBUTION, THE COURT RETAINS JURISDICTION
WHEN THERE IS NO DISTRIBUTION YET.
WHEN PROBATE COURT LOSES JURISDICTION OVER
ESTATE UNDER ADMINISTRATION:
2.
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RULE 91
1. REPUBLIC VS CFI MANILA, 167 SCRA
11
(J) ON VENUE; WHERE THE RES IS SITUATED
THE BANK IS THE REAL PARTY IN INTEREST FOR THE
ESCHEAT OF DORMANT DEPOSIT IN FAVOR OF THE
GOVERNMENT:
2. MUNICIPALITY OF MAGALLON VS
BEZORE 109 PHIL 829. OCT. 26, 1960
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RULE 103
1. REPUBLIC V. ZOSA, G.R. NO. 48762,
SEPTEMBER 12, 1988
(J) THE TITLE OF THE PETITION SHOULD INCLUDE (1)
THE APPLICANT'S REAL NAME, (2) HIS ALIASES OR
OTHER NAMES, IF ANY, AND (3) THE NAME SOUGHT TO
BE ADOPTED, OTHERWISE THE COURT WILL NOT
ACQUIRE JURISDICTION OVER THE CASE.
THE PROCEEDING FOR A CHANGE OF NAME IS A
PROCEEDING IN REM:
Jurisdiction to hear and determine the
petition for change of name is acquired
after due publication of the order
containing certain data, among which is
the name sought to be adopted, a matter
which should be indicated in the title of
the petition.
IN A PETITION FOR CHANGE OF NAME THE TITLE
OF THE PETITION SHOULD INCLUDE THE
FOLLOWING:
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Rule 108
1. SILVERIO V. REPUBLIC 537 SCRA 373
(J) CHANGE OF FIRST NAME AND SEX ON THE GROUND
OF SEX REASSIGNMENT IS NOT ALLOWED.
RA 9048 NOW GOVERNS THE CHANGE OF FIRST
NAME. IT VESTS THE POWER AND AUTHORITY TO
ENTERTAIN PETITIONS FOR CHANGE OF FIRST
NAME TO THE CITY OR MUNICIPAL CIVIL
REGISTRAR OR CONSUL GENERAL CONCERNED:
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RULE 109
1. BRIONES V. HENSON-CRUZ 563 SCRA
69
BY THE EXPRESS TERMS OF THE RULES, THE
RULING ON THE EXTENT OF THE SPECIAL
ADMINISTRATOR'S COMMISSION - EFFECTIVELY, A
CLAIM BY THE SPECIAL ADMINISTRATOR AGAINST
THE ESTATE - IS THE LOWER COURT'S LAST WORD
ON THE MATTER AND ONE THAT IS APPEALABLE:
HABEAS CORPUS
ON CONSTRUCTIVE RESTRAINT
A) VILLAVICENCIO V. LUKBAN 39 PHIL
7778
(J) WOMEN OF ILL REPUTE SENT TO DAVAO WHO
WERE DEPRIVED OF LOCOMOTION
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"THAT HE IS
Additional cases:
1. LACSON VS REYES, 182 SCRA 729:
Fee of executor or administrator;
attorneys fees; an administrator or
executor may be allowed fees for the
necessary expense he has incurred but he
may not recover attorneys fees from the
estate.
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