Fwd: SPECIAL PROCEEDING FOR FEBRUARY 2, 2019

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Danah Navarro <[email protected]> Fri, Jan 25, 2019 at 12:08 PM

To: Cherry Pie Polea <[email protected]>, Donna Belle Subrabas <[email protected]>, John Edinburgh Yu <[email protected]>,
Sanjeeve Tan <[email protected]>, Zylla Abigail <[email protected]>, [email protected] <[email protected]>,
[email protected] <[email protected]>, [email protected] <[email protected]>, [email protected]
<[email protected]>, [email protected] <[email protected]>

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From: Alberto Quinto <[email protected]>
Date: Fri, 25 Jan 2019 at 11:55 AM
Subject: SPECIAL PROCEEDING FOR FEBRUARY 2, 2019
To: Danah Navarro <[email protected]>

Below for February 2, 2019

[1]
1. Should the notice to the creditors to file their claim be published? Explain.
[2]
2. What is a Statute of Non-Claim?
[3]
3. What is the effect if a money claim is not filed within the statute of non-claims?
4. P died while riding in the bus operated by D. D subsequently died and a petition for settlement of
his estate was filed in court. After granting letters of administration, the probate court issued a
notice requiring all persons having money claims against the decedent to file them in court within 6
months from the first publication of the notice. The 6-month period expired. Later the heirs of P
brought a suit against the heirs of D for damages arising from the death of P. May the action be
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dismissed? Explain.
5. Is there any exception to the rule that a money claim not filed within the statute of non-claims is
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barred forever? Explain.
[6]
6. What are the two steps in a tardy claim process?
7. Is the fact that the claimant was unaware of the estate proceedings or that he was negotiating
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with one of the heirs for payment a good cause to allow filing of a tardy claim?
8. Will the fact that the decedent mentioned a creditor’s claim in his will exempt the creditor from
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the requirement of filing his claim within the statute of non-claims?
9. P filed a complaint for sum of money against D. D died January 3, 2014 and while the case was
pending. Intestate proceedings for the settlement of D’s estate commenced and notice to the
creditors was given for them to file their claim within 6 months from the first publication dated
February 20. On March 20, on P’s motion the administrator of D was substituted in the civil action.
Judgment was rendered for P. Administrator appealed and the CA affirmed the judgment on
November 5. Last Monday, P filed a contingent claim covering the judgment award with the probate
court. Administrator filed a motion to dismiss arguing that the claim is barred by the statute of
[9]
non-claim. Was the administrator correct? Explain.
10. A filed a complaint against Y in the RTC of Iligan for payment of a promissory note in the sum of
P400,000, for liquidated damages of P10,000 and attorney’s fees of P50,000. After he filed his
answer, Y died, but his lawyer did not file a motion to dismiss. In the meantime, Y’s widow filed with
the court a special proceeding for the settlement of the intestate estate of Y. The widow, Z, was
appointed the administratrix of the estate. A filed in the civil case a motion to have Y substituted
by the administratrix and Z did not object. It was granted. Trial on the merits was had. In due course,
the court rendered a decision in favor of A. At the time it was rendered, the period to file claims in
the intestate estate of Y had already lapsed. Z did not appeal from the decision and after it
became final, A moved for the execution of the judgment. Z opposed the motion contending that the
decision is void because the claim does not survive. The case should have been dismissed upon the
[10]
death of Y since upon his death, the court lost jurisdiction over the case. (a) Rule on the issue;
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(b) If the opposition is without merit, can the writ of execution be validly enforced? Explain; (c)
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If it cannot be issued, what is the remedy of A? Explain.
11. C sued D. D died on January 2 while the case was pending. Intestate proceeding for the estate of
D was commenced on February 3. Judgment on the civil action became final on May 15. C filed a
motion for the issuance of writ of execution on July 5 which the court granted. Was the court
[13]
correct? Explain.
12. 1n 1996 D borrowed P500,000 from P evidenced by a promissory note which is payable on March 5,
2000. D died in 1998. In the proceedings for the settlement of D’s estate, the probate court issued a
notice for all creditors to file their claim within 12 months from the first publication of the notice.
The 12-month period subsequently expired. In April 2000 P filed with the probate court a claim based
on the promissory note which had fallen due. The administrator filed a motion to dismiss on the
ground that P’s action had prescribed. How should the probate court rule on the motion to dismiss?
[14]
Explain.
[15]
13. May a special administrator issue a notice to creditors to file their money claims? Explain.
14. In the proceedings for the settlement of the estate of A, a contingent money claim for
commission in the event of the sale of the estate was filed by Q with the probate court. The
executor moved to dismiss the claim on the ground that the docket fee under S7(a)R141 was not paid.
[16]
The probate court dismissed the money claim. Was the dismissal proper? Explain.
15. Based on the preceding question. The executrix moved for the dismissal of the claim on the ground
that no certification against forum shopping was attached thereto pursuant to S5R7. The RTC
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dismissed the money claim. Was the dismissal proper? Explain.
16. In case the mortgagor dies, what are the three options available to the mortgagee-creditor? 3
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points.
17. X borrowed P1m from Equitable Bank secured by a real estate mortgage. X defaulted in the
payment of the loan so the bank filed a judicial foreclosure suit against X. during the pendency of
the case X died and was subsequently substituted by his executor. In the probate proceedings, the
court issued a notice for creditors to file their claim within 6 months from the first publication of
the notice. The bank did not file any money claim in the probate court within the 6-month period.
Judgment in favor of the bank was rendered in the foreclosure suit. May the judgment on
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foreclosure be enforced? Explain.
18. Based on the preceding problem. In due course the mortgaged property was sold at the
foreclosure sale but the proceeds only amounted to P600,000. The bank filed a motion for
deficiency judgment but this was opposed by executor of X who argued that a deficiency judgment
[20]
is already barred by the statute of non-claims. Is the executor’s contention correct? Explain.
19. X borrowed P1m from a bank secured by a real estate mortgage. X defaulted in the payment of
the loan and subsequently died. In due course proceedings for the settlement of X’ estate were
commenced. In the probate proceedings, the court issued a notice for the creditors to file their claim
within a period of six months from the first publication of the notice. The bank did not file any claim
within the six months period. Subsequently the bank filed a foreclosure suit against the
administrator of X’s estate. The administrator moved to dismiss on the ground that the suit was
[21]
barred by the statute of non-claims. (a) Should the motion to dismiss be granted? Explain. (b)
Assume that the motion to dismiss was denied. In due course the mortgaged property was sold at the
foreclosure sale but the proceeds only amounted to P600,000. The bank filed a motion for
deficiency judgment but this was opposed by X’s estate adminstator who argued that a deficiency
judgment is already barred by the statute of non-claims. Is X’s administrator’s contention correct?
[22]
Explain.
[23]
20. What actions are brought against the executor or administrator? 3 points.
21. Who has the standing to sue for the recovery or protection of the property or rights of the
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deceased?
22. H was married to W. They lived in Pagadian with their legitimate child P. H has a paramour Y. H has
properties in Butuan City possessed by Y and their common children Q and R. Y, Q and R executed a
deed of extrajudicial partition of the properties in Butuan and titles issued to them. Upon learning
of the partition, Q filed a petition for settlement of estate of H in Pagadian. Q then filed an
action to annul the extrajudicial partition in Butuan RTC. Y filed a motion to dismiss the action filed
by Q arguing that the action should be filed in the intestate proceedings. Will the motion be
[25]
granted? Explain.
23. What are the instances when the heirs may sue for the recovery of estate property during the
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pendency of probate proceedings? 3 points.
24. Where an executor or administrator is unwilling or refuses to bring a suit for the recovery of the
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property or rights of the deceased, what procedural recourse may the heirs avail of? Explain.
25. P sued D and obtained a favorable decision which has become final and executory. The sheriff
sold, at public auction, the rights and interest pro-indiviso of D over real properties, which are
subject of a special proceeding wherein D is one of the heirs. P was the highest bidder in the auction
sale. D’s co-heirs all then filed a complaint for the declaration of nullity of the sale in P’s favor
alleging that prior to the auction sale, D had already waived her hereditary share in favor of her co-
heirs for valuable consideration. Can D’s heirs validly file the complaint where the estate is already
[28]
represented by an administratrix? Explain.
26. In the proceedings for the settlement of D’s estate before the RTC, E was appointed as
administrator. H filed a separate action for damages against E on the ground that E was not taking
steps to prevent a riparian property of the estate from being eroded by the river. E filed a motion
to dismiss on the ground that H cannot file a separate action against him. Should the motion to
[29]
dismiss be granted? Explain.
27. D died and the proceedings for the settlement of his estate were commenced. The executor has it
on good information that X was holding a certificate of title over D’s property. Upon inquiry by the
 [30]
executor, X feigns knowledge of the title. What is the remedy of the executor? Explain.
28. If upon examination it is discovered that X is indeed holding a certificate of title over D’s
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property, may the court order X to turn over the certificate to the executor? Explain.
29. May the executor/administrator file an action to recover property fraudulently conveyed by the
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deceased in order to defraud his creditors? Explain.
[33]
30. Based on the preceding problem, may a creditor himself file such action? Explain.
31. May the testator in his Will designate the part of the estate from which the debts shall be paid or
[34]
make provisions for the payment of debts? Explain.
32. Is there an order in which the estate property is charged for the payment of debts and expenses?
[35]
Explain.
33. What is the result if devises, legatees, or heirs enter into the possession of portions of the estate
[36]
before the debts and expenses have been settled and paid? Explain.
[37]
34. How are contingent claims which became absolute satisfied? Explain.
[38]
35. What is the order of payment if the estate is insolvent? Explain.
36. May the probate court authorize the executor/administrator to sell the whole or a part of the
real estate of personal estate, although not necessary to pay debts, legacies, or administration
[39]
expenses? Explain.
[40]
37. Explain liquidation of the community property or conjugal partnership property.
38. How is the community property or conjugal partnership property liquidated upon the dissolution
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of marriage by death? Explain.
[42]
39. When may the court issue and order of distribution?
40. Section 1 of Rule 90 speaks of allowance to the widow as one of the items which should be paid
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before distribution. How about allowance of children, whether minors or of age? Explain.
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41. What does the order of distribution provide?
[45]
42. When is the issue of heirship determined?
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43. What is the right of the persons named as distributes in the order of distribution?
44. What if there is a controversy before the court as to who are the lawful heirs of the deceased
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person or as to the distributive shares to which each person is entitled under the law?
45. In the settlement proceedings, there was a dispute as to whether F or B was the surviving spouse
of the decedent. B submitted copies of the foreign divorce decree between F and the decedent to
prove that F is not the surviving spouse. The probate court, eschewing a hearing, disregarded the
foreging decree of divorce reasoning that the same is not recognized in the Philippines applying the
case of Tenchavez v. Escano which held that a foreign divorce obtained by Filipino Citizens is not
entitled to recognition. It then proceeded to declare F as the surviving spouse. Did the probate court
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act correctly? Explain.
46. In an action for reconveyance and annulment of title, the trial court declared that the
questioned deed of sale can be regarded as an advance inheritance. Was the court correct? Explain.
[49]
[50]
47. Explain a project of partition.
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48. When and how do you appeal from an order of distribution? Explain.
49. An order of partition was issued on January 8, 2014 copies of which were received by all
interested parties two months thereafter. Last week, one of the heirs filed a motion for the
correction of the order because his share was less than that of the others. Do you think the court
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will act favorably on the motion? Explain.
[53]
50. If the order of distribution affects registered land, should the same be registered? Explain.
[54]
51. May a probate court issue writs of execution?
[55]
52. Preceding problem. What are the exceptions to the general rule?
[56]
53. When is the Order of Closure issued by the probate court?
[57]
54. May the Order of Closure be appealable?
55. What is the remedy of an heir entitled to the residue of the estate but not given his share?
[58]
Explain.
[59]
56. What is escheat?
[60]
57. May the estate of the decedent be escheated even if he died testate? Explain.
58. In an intestate proceeding, the probate court found that the decedent left no heirs or persons
entitled to his estate. Could the probate court then and there decree that the estate be awarded
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to the State? Explain.
[62]
59. Outline in brief the procedure in an escheat proceeding. 3 points.
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60. May an heir or person entitled to the estate recover the same after its escheat? Explain.
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61. Chose the best answer. 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; (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; and
(d) 2 years from date of registration of the judgment to file a claim.
[65]
62. What is an action for reversion?
63. The Republic filed with the RTC Branch XX of Iligan an action for reversion against Anoreg
involving land in Linamon, Lanao del Norte with an assessed value of P50,000.00. The Republic
contended that the judgment of the RTC Branch XXX of Iligan City, acting as a land registration
court, which decreed the issuance of an OCT over the land is a nullity since the land was underwater
and thus part of the Iligan Bay. Does RTC Branch XX Iligan City have jurisdiction over the action for
[66]
reversion? Explain.
[67]
64. What are the three kinds of guardians under the law? 3 points.
[68]
65. Who may be put under guardianship and what does the guardianship cover? 2 points.
[69]
66. What rules governs guardianship?
 [70]
67. Who are incompetents?
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68. What is the jurisdiction and venue of a guardianship proceeding?
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69. Who may petition for the appointment of a guardian over an incompetent or a minor?
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70. What are the grounds for the appointment of a guardian of a minor? 4 points.
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71.  Who may be appointed guardian of an incompetent?
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72. Who may be appointed guardian of the person or property, or both, of a minor? (4 points)
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73. What should the verified petition for guardianship of incompetent contain? 5 points.
[77]
74. What will the petition for the appointment of a general guardian of a minor allege? 8 points.
75. Will any defect in the petition or verification render void the issuance of letters of
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guardianship? Explain.