QUIZ IN SPECIAL PROCEEDINGS May 18 2020

QUIZ IN SPECIAL PROCEEDINGS
(UST May 18, 2020)
1. Czarina died single. She left all her properties by will to her friend Duqueza. In the
will, Czarina stated that she did not recognize Marco as an adopted son because of his
disrespectful conduct towards her. Duqueza soon instituted an action for probate of
Czarina’s will. Marco, on the other hand, instituted intestate proceedings. Both actions
were consolidated before the RTC of Pasig. On motion of Marco, Duqueza’s petition was
ordered dismissed on the ground that the will is void for depriving him of his legitime.
a. Is the dismissal correct?

b. What is the remedy available from the order of dismissal?
2. Mario always believes that he is a superman. In the morning, he claims to have flown
over Mexico, in the afternoon over Pakistan chasing some Talibans, and in the evening
back to New York City to get a Yellow Cab Pizza for his one and only love, Monalisa,
who perpetually waits for him for dinner in his house in Sampaloc, Manila while she is
hanging beside his bed. While he keeps boasting of these accomplishments, Mario is
generous to the sickly and always announce in EDSA, especially on heavy traffic that his
home is open to all who needs money, which resulted to hundreds of people asking
financial help, even for the tuition fees of their children. Thus, the beneficiaries of his
benevolence called him “SUPERMARIO”, “PACMAN”, “PRODIGAL MAN”,
“INSANEMAN”, and the like. At the age of 17, Mario has amassed a total of P1 Billion
asset out of his brilliance in computer technology. Before he reached 18, he already lost
P200 Million for his benevolence. Four years after, Mario disappeared in Cayman Island,
after his yacht capsized. With this, his uncle filed a petition in the RTC of Makati City for
the settlement of his estate with application for letters administration as he has properties
in Makati City although he resided in Pasig City.
[A] The petition must be dismissed for lack of jurisdiction.
[B] The petition must be dismissed for being an improper proceeding.
[C] The petition must be granted, there being a necessity to preserved the estate of Mario.
[D] The petition must be granted, Mario clearly appears to be dead.
Resolve the foregoing briefly.
3. FLM have 5 children. Among the five, Juancho the youngest, felt that their father
always left him out. While FLM was in Europe, Juancho discovered a Will inside the
vault of his father and upon reading almost collapse when the will declared that he is not
the son of FLM and was denied inheritance in the Will. With such predicament, he
sought legal advice from a lawyer, who upon reading the Will, explained to him that the
will can be put to judicial test to secure judicial declaration as to:
a) Whether or not he is the son of FLM;

b) Whether or not his disinheritance is valid.
Accordingly, Juancho through his lawyer filed a petition for declaratory relief to resolve
the foregoing issues, impleading FLM as defendant. Is the action proper?
4. Immediately after the EDSA revolution, Sandra, a noted activist living in exile in
Panama, returned to the Philippines to help the government identify the victims of martial
law atrocities, especially her classmates in UST. Overwhelmed by excitement, however,
she died after disembarking from the plane at NAIA. Without known heirs and leaving no
will, the State, thru the Solicitor General initiated an escheat proceeding over Sandra’s
property worth P10 Million in the City of Manila, where her property, a 1,000 sq. mts.
lot, is located. After notice, publication and hearing the RTC of Manila rendered a
judgment escheating the property to which the City of Manila received the same but
immediately donated it to Boy Scout of the Philippines. Two (2) years later, Greg,
alleging to be the husband of Sandra in Panama came to the Philippines and filed with the
escheat court a claim over the property escheated and prayed that the property be
reconveyed to him. During the hearing, it turned out that on the basis of the marriage
certificate presented by Greg, Sandra appeared therein to be a U.S. citizen. Accordingly,
the court denied the claim of Greg reasoning that Sandra being a U.S. citizen the property
would nevertheless be subjected to reversion as Sandra is now disqualified to own land in
the Philippines, although Greg is a legal heir of Sandra by reason of a valid marriage.
Which among the remedies below is proper for Greg to take?
5. Creditor A has a foreign judgment in his favor against B. Before A could execute the
judgment, B died in the Philippines and intestate proceedings was immediately
commenced by his heirs in the RTC of Manila. How should A execute such foreign
judgment?
6. In what sense that a trustee exercises broader powers than executor or administrator?
7. In July 2010, Paul was declared incompetent. He was ordered by the court under
guardianship by September 2010, appointing his older brother, Jacinto, as guardian.
Jacinto being fond of nightlife was unable to manage the properties of Paul resulting to
bankruptcy of his businesses. To save the business and take care of Paul, Jacinto
proceeded to sell two (2) parcels of land owned by Paul. This was questioned by their
mother who filed a petition in the guardianship court to annul the sale. Can the sale be
annulled? If so, in what action or proceeding would it be proper?
8. C, an illegitimate child of the deceased D, filed and intestate proceeding to settle the
estate of the latter, praying that he be appointed as administrator. S, the surviving spouse,
opposed the petition and application of C as administrator on the ground that he was not
the son of D. Is S correct?
9. Jerry, a widower, works as OFW in Saudi Arabia and takes a one month
vacation every two years. While abroad, he leaves his 12-year-old son,
Jonathan, to the care of a ‘yaya” who has been with his son for 11 years. His
sister, Marita, files a petition for guardianship over Jonathan. If you are the
judge, will you grant the petition?
10. Can a Family Court take cognizance of a petition for inter-country adoption?
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QUIZ IN SPECIAL PROCEEDINGS May 18 2020

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QUIZ IN SPECIAL PROCEEDINGS

(UST May 18, 2020)

a. Is the dismissal correct?

[A] The petition must be dismissed for lack of jurisdiction.

[B] The petition must be dismissed for being an improper proceeding.

[D] The petition must be granted, Mario clearly appears to be dead.

Resolve the foregoing briefly.

a) Whether or not he is the son of FLM;

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