Raul V. Migrino Jr.

Succession
Law III

The Rules on Special Proceeding applicable to the Law on Succession is vital in

ensuring the seamless procedural flow in the Judicial Settlement of an estate in a
probate proceeding.
In the same manner, the rules provide for a number of criteria for the
disallowance of a will originated here or abroad.
The rules and the substantive provisions under the Civil Code, in matters
pertaining to the Law of Succession, work hand in hand to make sure that justice
shall prevail. This is an animation of the Constitutional guarantee on due process.
The rules create a fair play between those who are excluded from things that are
that supposed to be theirs, and from those who are deemed to be unjustly
enriched.
Furthermore, the rules provide for the procedure on the examination of the
extrinsic validity of a will. It ensures that a set of rules are to be deemed as
guidelines, and that a competent judge of the court can render a decision
through the best approximation of justice.
The determination includes, among others, the decision on the testamentary
capacity of the testator and the compliance on the formal requisites of a will
including a certificate of allowance, presence of required witness and being of
sound mind at the time the will was created.