SPECPRO MASTER SAMPLEX petition is improperly filed because at the time of

Wilson’s death, he was residing in Hongkong.

PRELIMS (2015, 2016, 2018, 2019)
b. No, the period of the filing of claims are not set in
MCQ accordance with the ROC because Rule 86 provides that
2016: A C C D B C D B A B the period for filing of claims should not exceed 12
2018: A A C D B C D B A B months nor be less than 6 months from the date of the first
2019: A A C D C B publication of the notice. Since the probate court fixed the
period to file claims against the estate within 15 months
11. An action for reconveyance prescribes in ten years. If from the date of first publication of the notice, it violates
the land is the registered. it is reckoned from the issuance Rule 86.
of the certificate of new title. If unregistered, from actual
notice to the plaintiff. However, if the last passed to hands c. No, the probate court cannot immediately distribute the
of an innocent purchaser for value, the recourse is to a file residue after payment of debts only because Rule 90
a claim for damages against the fraudulent party. provides that aside from debts, expenses of
administration, funeral expenses of the decease,
Luz and Fe action for reconveyance against all will allowance of the widow and inheritance tax must also be
prosper considering that 5 years has passed since the paid and satisfied first before the court may distribute the
issuance of the certificate of new title. However, if Mary residue to the heirs.
is an innocent purchaser for value, Luz and Fe’s action for
reconveyance will not prosper. They should therefor file d. The issue is whether a person is an acknowledged
a claim for damages against Al instead. natural child of the deceased is cognizable and should be
decided by the probate court. No separate action should
On the other hand, their action for reconveyance against be commenced because it is within the authority of the
Greg will prosper since only 5 years passed since the probate court to determine those persons who are entitled
issuance of the certificate of new title. of the residue.

Luz and Fes action for annulment of extra- judicial e. The probate court loses jurisdiction over the estate only
settlement will likewise prosper since such action is upon payment of debts and expenses of administration
imprescriptible. It is to give justice to heirs unduly under Rule 90 of the Rules of Court and delivery of the
deprived of the opportunity to participate in the residue to the heirs after the amount of residue to the heirs
settlement. after the amount of residue and the heirs are determined
by the probate court.
12. a. The order determining that certain persons are the
lawful heirs of the deceased is appealable because such 14. No, the issuance of the writ was improper. The
determination of the probate court is final as an incident judgment for money against Noel must be filed as a claim
of its power to determine who among the persons against his estate in the settlement of estate proceeding. If
claiming to have an interest to the estate are entitled to the none is commenced, Jolo may file petition for issuance of
residue to be distributed after payment of the obligations letters of administration on his behalf if Noel died
under Rule 90 of the Rules of Court. intestate.

b. The order including items of property in the inventory The judgment cannot just be enforced against his estate
is not appealable because such order is provisional in because Noel has already passed away and any claim
nature only for the purpose of determining whether or against him must be prosecuted in the settlement of his
not such properties will form part of the estate hence such estate.
action is not final.
15. The courts should rule in favor of grace and annul the
13. a. No, the probate petition is not filed in the proper extra judicial settlement of Mar’s estate. The contention of
venue because Rules 73 of the Rules of Court provides Mar’s wife and children on the issue of publication as
that if the person who died is not an inhabitant of the binding upon Grace is untenable. The publication is that
Philippines the probate petition should be filed in the of the deed of settlement, indicating that the settlement is
Court of First Instance of the province where his already finished. It is not a constructive notice upon grace
properties are located. Since Wilson’s properties are in since she was deprived of the settlement and partition
Manila and Davao City and none in Makati, the probate proceedings. What she was informed of, is only the
aftermath of the settlement.

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 a. legal formalities- executed and attested as required by
Likewise, the contention of Mar’s wife and children that law
Grace’s action has prescribed is also untenable. The 2-year b. testamentary capacity- testator was of sound mind or
prescriptive period stated in section 4 of rule 74 applies otherwise capable of making a will at the time of
only to the persons who participated in the settlement execution
proceedings. Since Grace was deprived of the right to c. due execution- it was not executed under duress,
participate in the settlement proceedings, her right to influence of fear or threat. It was not executed under
annul the extra judicial settlement is imprescriptible. undue and improper influence or pressure on the part of
the beneficiary or some other people. The signature was
16. a. Yes, Santa as the executrix is obliged to file with the not procured through fraud or trick such that he does not
proper court a petition for practice of the will. An intend the instrument to be his will at the time of affixing
executrix is the person named in the will to administer his signature.
and settle the estate of the deceased. As such, Santa is
obliged to petition the court for probate since the B. The rule is not absolute. The exception was enunciated
probative of a will is necessary and mandatory as in the case of Naguid v. Naguid, wherein the SC held that
prescribed. the probate court can look into the intrinsic validity of the
will under exceptional circumstance, such as when the
b. yes, Santa can compel Lita to produce a copy of the will will is void on its face. In which case, the court can pass
in her possession to be submitted to the probate court. upon its intrinsic validity, because otherwise, the probate
Lita as the custodian of the will is mandated by law to would be an idle ceremony that would hinder the
present the will for probate within 20 days from the death expedient disposition of the case.
of the testator or knowledge of such death. Even if the
original copy of the will was lost, the copy in Litas 18. The following are evidence that should be introduced
possession may still be presented for probate. during the hearing for probate of will:
1. Proof of publication of the notice of time and place of
c. No, the court cannot appoint he widow as executor. hearing
Executor is the person named in the will by the decedent 2. Notice to the heirs of the time and place of hearing
to take charge in the settlement of his estate. either personally or through registered mail.
Administrator, on the other hand, is appointed by the 3. In case of holographic will:
court when the decedent died intestate, no named a. uncontested – testimony of at least one witness
executor in the will, the executor name is incompetent, who knows the handwriting and signature of the
refused to accept the trust or fails to file a bond, or when testator and explicitly declares that the will is in
the will is void or disallowed in the probate. The court can handwriting and signature of the testator.
only appoint the widow as administrator, not as an b. contested – testimony of at least three
executor, if the circumstances warrant such. witnesses who know the handwriting and
signature of the testator and explicitly declare
d. No, the widow and her children cannot settle the estate that the will is in the handwriting and signature
extrajudicially among themselves. For extrajudicial of the testator.
settlement to be valid, the decedent must have died 4. In case of non- holographic will:
without a will, with no debts and the heirs are of legal age a. uncontested – at least one attesting
and if minors are adequately represented. Since Derek witness declares that the will is executed
died with a will, then extrajudicial settlement is not as provided by law.
proper. b. contested – all the attesting witnesses
and the notary public and such other
e. No, the widow and her children cannot initiate a witnesses to establish the due execution
separate petition for partition of the estate pending the and testamentary capacity of the
probate of the will. To allow such would defeat the deceased.
purpose of probate. Moreover, once a court assumes
jurisdiction over a will, it shall exercise jurisdiction to the 19. A creditor holding a claim against the deceased
exclusion of all other courts. The court assuming secured by a mortgagor, has the following options:
jurisdiction is the only court empowered to decide over
matters necessary or incidental to the enforcement of the a. Abandon the security and prosecute his claim against
will. the estate and share in the general distribution of the
assets thereof;
17. A. The essential elements of extrinsic validity are:

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b. Foreclose his mortgage or realize upon his security by 22. No. Tony cannot file a claim against Andy’s estate
action in court, making the executor or administrator a under Rule 86 because it is not a claim for money against
party defendant and if there is judgment for deficiency, the deceased. The correct remedy is to file a claim against
he may file a contingent claim against the estate within the executor or administrator under Rule 87 of the Rules
the statute of non-claims; of Court because it involves recovery of damages for
injury to person and property, either real or personal.
c. Rely solely on his mortgage and extrajudicially
foreclose the same at anytime within the period of the 23. Procedure for filing claims:
statute of limitations but he cannot be admitted as 1. The claim must be delivered with the necessary
creditor and shall not receive in the distribution of the vouchers (affidavit) to the clerk of court
other assets of the estate. 2. A copy must be served on the executor or administrator
3. If the claim is founded on an instrument, it must be
Under the third option, the mortgagee has no right to file attached to the claim and filed therewith
a claim for any deficiency. - Original need not be filed upon the submission
of affidavit. It suffices that the copy is attached to
20. An executor or an administrator may bring an action the claim and filed. The original, however, must
to recover property fraudulently conveyed if the be exhibited on demand of the executor or
properties are insufficient to pay the debts, and the administrator or by order of the court, unless lost
testator during his lifetime conveyed the property with or destroyed (furnish the court with affidavit
intent to defraud his creditors, intent to avoid his containing a copy and stating its loss or
obligations and if the subject of conveyance is subject for destruction)
attachment. 4. If the claim is due, an affidavit supporting such claim
must be filed which shall state:
But the executor cannot be bound to file if the creditors a. Amount justly due;
did not make an application nor did not submit a bond b. No payments which have been credited;
for payment of the costs, expenses of the executor. c. No offsets to the same
5. If the claim is not due or is contingent, it must
If an executor or administrator has not commenced an be supported by affidavits stating its particulars;
action, the creditor can commence the action for and
reconveyance in the name of the executor or 6. A person other than the claimant makes the
administrator. affidavit, the reasons why it is not made by the
claimant must be stated.
If the reconveyance was in favor of the executor or
administrator, the creditor can commence the action for 24.
reconveyance in the name of all the creditors.
Statement of Escheat
21. A. The obligations that must first be satisfied under Estate
Rule 90 are: Jurisdiction If the net estate Regional Trial
1. debts is more than Court
2. expense of administration 300,000 or
3. funeral expenses 400,000 in Metro
4. allowance of the widow Manila-RTC
5. inheritance tax
If less than
B. NO, the legacies are not among them. Legacies are not 300,000 or
one of those obligations enumerated under Rule 90. 400,000 in Metro
Legacies are not considered debt of the estate; hence it Manila- MTC
shall be paid after the payment of obligations under Rule Venue In case of The venue for
90 is satisfied. resident, the personal
place where he property shall
C. The distribution of the legacies is part of the residue. last resided and be filed in the
Hence, it shall only be distributed after payment of the in case of non- municipality or
debts, expenses of administration, funeral charges, resident, the city where the
allowance of the widow and inheritance tax. place where his decedent’s last
resided. For real

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 property is property, the appointment of executor or administrator for any
located. municipality cause including appeal from allowance or
where the disallowance of the will.
decedent’s
property is 3. Motion of Noy’s wife should be denied because
situated. In case the extra judicial settlement of Noy’s estate is not
of non-resident, binding on Suzy because under Rule 74 of the
the municipality Rules of Court, it is provided that extra judicial
or city where the settlement of the estate of the deceased is not
property is binding on persons who did not participate
located therein or without notice of such settlement.
Parties Heirs, Solicitor
executors, General and the The publication of the deed of settlement doesn’t
administrators actual occupant constitute constructive notice to the whole world
and interested to those persons who did not participate therein
parties. without notice of such settlement because it only
Period for Claims against Claims may be serves as notice of facts after execution.
Claims estate must be filed within 5
filed for not less years from date 4. Jenny can avail the remedy under Rule 86 by
than 6 months of order. petition to the court before the order of
nor more than distribution and by showing good cause, the
12 months from court upon such terms that are equitable allow
the date of 1st such claims to be filed against the estate within
publication of one month from the approval of the petition.
notice. Failure to avail such remedy, Jenny’s claim is
Publication Once a week for Once a week for barred as a general rule but she can raise her
3 consecutive 6 consecutive claim as a counter claim against an action filed by
weeks weeks the executor or administrator against her as an
exception to the general rule.
OTHERS:
5. Yes, an executor or administrator may bring an
2015 action to recover property conveyed by the
1. Since the extrajudicial settlement was executed deceased under Rule 87 of the Rules of Court
without the knowledge and consent of Cris and where there is deficiency of assets in the hands of
Deng, they can institute an action for the executor or administrator provided: a. action
reconveyance of Lot 1 and 2 against Alvin, Ben must be upon application of the creditor b.
and Emy. The prescriptive period for an action creditors offer to pay the part of the costs and
for reconveyance is 10 years from the time the expenses c. creditors furnish a security to the
cause of action accrues. It is based on implied or executors or administrators If the executor or
constructive trust under Article 1144 of the Civil administrator ha not commenced such action, the
Code. creditors may bring an action in the name of the
executor or administrator upon petition to the
However, the defendants can raise the defense of probate court for approval and furnishing a bond
prescription of action since the complaint filed by directed to the executor or administrator in
the Plaintiff is for annulment of the document accordance with Rule 87 of the ROC.
and reconveyance. The prescriptive period of an
action for annulment of deed of settlement is 2
6. A. The probate court will issue letters of
years from the time the cause of action accrues.
administration to Alma if her application is
granted because Jovy died intestate. Letters of
2. The appellant must file for a petition for the
administration is issued if there is no will or there
appointment of Special Administrator of the
is a will but it is void both of which results to
estate to enable the probate court to continue the
intestacy.
proceedings while the appeal is pending. Under
Rule 80 of the ROC, a ground for the appointment
of a Special Administrator is delay for the

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 B. The probate court will issue letters (b) the oldest brother or sister of the minor over
testamentary to Alma if Jovy made a will and twenty-one years of age, unless unfit or
named Alma as executrix. Letters testamentary is disqualified;
issued to an executor named in the will if he is (c) the actual custodian of the minor over twenty-
competent, accepts the trust and files a bond after one years of age, unless unfit or disqualified; and
the will is probated and allowed under ROC. (d) any other person, who in the sound discretion
of the court, would serve the best interests of the
C. Seven Stages in Settlement of estate 1. Petition minor.
2. Hearing 3. Court Order 4. Claims against the
Estate 5. Payment of Debts 6. Partition and 2018
Distribution 7. Closure 1. A. NO. Mina’s death did not extinguish Lara’s
claim. The rules provide that the enforcement of
7. Abe must file a claim against the estate of Nestor a lien can be prosecuted against the executor or
within the period fixed by the probate court administrator. Foreclosure of mortgage is an
which should not exceed 12 months nor less than enforcement of a lien against the property of the
6 months from the date of the first publication of estate; hence, it can be filed against the executor
the notice. or administrator.

Failure to file such claim within the statute of B. Lara can rely solely on her mortgage. She can
Non-claims will not immediately bar the claim. foreclose the security either judicially or
Abe can petition to the probate court upon extrajudicially but she cannot claim for the
showing good cause before the order of deficiency against the estate of the deceased.
distribution and the court upon such terms that
are jut allow the filing of claims against the estate 2019
for a period not exceeding one month from the 1. As a general rule, the determination of a
notice to Abe of Approval of the petition. decedent’s lawful heirs should be made in the
corresponding special proceeding precludes the
If the probate court disapproves his claim, he can RTC, in an ordinary action for cancellation of title
raise it as a counter-claim in an action filed and reconveyance, from granting the same.
against him by the executor or administrator
By way of exception, for the sake of practicality,
2016 as when the parties in the civil case had
1. Yes, Sam still has remedy. Before the order of voluntarily submitted the issue to the trial court
distribution is entered, Sam may file an and already presented their evidence regarding
application before the court. For cause shown and the issue of heirship, and the RTC had
within such term as equitable, the court may consequently rendered judgment thereon, or
allow Sam to file her claim within a period not when a special proceeding had been instituted
exceeding one month from the issuance of the but had been finally closed and terminated, and
order allowing her to file the claim. Sam can also hence, cannot be re-opened.
present her claim in her answer as counterclaim
in any action which may be brought be executor 2. The heirs may opt to
or administrator against her. Otherwise, it shall a. Extrajudicially settle the estate provided that
be barred forever. all the heirs are of legal age, or the minors are
adequately represented; or
2. Who may be appointed guardian of the person or b. Judicially settle the estate by intestate
property, or both, of a minor? – In default of proceeding, filing a petition for issuance of
parents or a court-appointed guardian, the court Letters of Administration; or
may appoint a guardian of the person or c. Judicially settle the estate by Summary
property, or both, of a minor, observing as far as Settlement provided that the net value of the
practicable, the following order of preference: (a) estate does not exceed P10,000 since this kind
the surviving grandparent and In case several is applicable whether there is a will or not.
grandparents survive, the court shall select any of
them taking Into account all relevant Of the 3 options, the extrajudicial settlement is
considerations; the best because it avoids the lengthy process and
the costs associated with the judicial settlement.

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 These may be done by partitioning the estate in a
public instrument and recording it with the
Register of Deeds or by execution of Affidavit of
Self-adjudication.

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 FINALS (2016, 2018, 2019) C. in both instances, the filing of a criminal action
before the filing of the petition precludes the filing of
MCQ (2018, 2019): A B D B B D A a separate action. The proper remedy is to file a
8. Appeal periods: motion in the criminal action.
a. Special Proceedings in General- 15 days from
notice of judgment After the filing of petition, and a criminal case is
b. Writ of Habeas Corpus- 48 hours from notice subsequently filed, the petition shall be consolidated
of judgment with the criminal case.
c. Writ of Amparo- 5 working days from notice of
judgment D. If the allegations are proved by substantial
d. Writ of Habeas Data- 5 working days from evidence, and upon inquiry, those writs ought to
notice of judgment issue, then the clerk of court shall be ordered to issue
e. Writ of Kalikasan- 15 days from notice of the writ under seal of the court. If not, the judge may
judgment issue the writs by his own handwriting.

9. A. The petitioner must allege te complete facts 13. The motion to dismiss filed by DSWD must be
giving rise to any of the grounds provided by law for granted.
the declaration of absolute nullity, such as
psychological incapacity, and that such incapacity The writ of amparo is a remedy available to any
existed even prior to their marriage. person whose right to life, liberty and security is
violated or threatened with violation by an unlawful
B. In the RTC of the city or municipality where the act or omission of a public official or employee, or of
petitioner or respondent reside for 6 months prior to a private individual or entity.
the filing of petition, or if the respondent is non-
resident, where he may be found. Certainly, writ of amparo may not be the proper
remedy. Maria should instead file a civil action to
C. No. If the respondent fails to file an answer, he recover the child.
shall not be declared in default. Instead, the court
shall order the Prosecutor to conduct an investigation 14. Yes, the Office of the Civil Registrar rightfully
as to the existence of collusion between the parties. denied the request.

11. No. Ben did not avail the correct remedy. A change of entries from “married” to “not married”
affects his legitimacy. It is therefore a substantial
The order granting support pendente lite is a mere change which is not within the powers of the Local
interlocutory order since there is still something to be Civil Registrar.
done by the RTC. It is therefore not subject to appeal
since only final orders are appealable. Thus, the correction must be done through an
appropriate adversarial proceeding under Rule 108.
The proper remedy is a petition for certiorari under
Rule 65 and allege grave abuses of discretion on the 15. A. In the RTC of Antipolo or Davao or where the
part of RTC in granting support pendente lite. data is alleged to be stored, gathered or collected,
Court of Appeals or Supreme Court.
12. A. A writ of amparo is issued for violations of the
right to life, liberty and security. Writ of habeas data, B. In the RTC of Dagupan where the Civil Registry
on the other hand, is issued for violations of the right having the record is located.
to privacy, in relation to the right to life, liberty or
security. C. In the RTC of the place where the absentee last
resided prior to his disappearance.
B. Petition for writ of amparo may be filed by the
person for whose benefit it may be issued, or any D. If the change is not substantial or proceeds from a
interested person, while petition for habeas data may mere clerical or typographical error, in the Local Civil
be filed by the person whose right has been violated Registry of Tacloban where he is presently residing
or any one on his behalf. for practicality reasons. If substantial, in the RTC of
Ozamis City.

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 E. RTC of Manila, if the change is substantial, or in the mere corrections due to clerical or typographical
Local Civil Registry of Mandaue, if not substantial. errors.

16. No. General denial of the allegations is not 21. No, her father cannot compel Anna to use his
allowed in habeas corpus cases. surname.

No. Habeas Corpus is limited only to the Although it is true that once an illegitimate child has
determination of the legality of the detention. An been acknowledged by his or her putative father, then
inquiry into the whereabouts of the person should he/she may now use such father’s surname. It is still
have been brought under a petition for issuance of left on the choice and decision of the child and no one,
writ of amparo. not even his or her father can force him or her to do
so.
The court shall treat the general denials as an implied
admission. 22. No. Appeal and Certiorari are no longer available
because the judgment of conviction has already been
17. No. The petition will not prosper. final and partially executed.

The right to rescind adoption is solely vested to the However, with the amendment brought by RA 8249,
adoptee, taking into consideration the best interest of which is favorable to the accused, he now has
the child rule. remedy.

Virgie, the adopter, cannot rescind the adoption. Robin may file a petition for Habeas corpus. As post-
However, she may choose to disinherit Bruno for an conviction remedy, it is available when the penalty
attempt to her life. imposed is excessive. Thus, it is void as to the excess.

18. Yes, the OSG is correct. 23. A. A writ of kalikasan is a remedy available to a
natural or juridical person, entity authorized by law,
The order granting the change of name is a final one, people’s organization, non-governmental
and there are no more separate issues to be decided organization, or any public interest group accredited
by the RTC. Thus, a record on appeal is no longer by or registered with any government agency, on
needed. Notice of appeal will suffice. behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or
A record on appeal is needed so that the lower courts threatened with violation by an unlawful act or
will not lose jurisdiction over the other issues which omission of a public official or employee, or private
are yet to be resolved. It only loses jurisdiction over individual or entity, involving environmental
the issue which is being appealed. damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities
19. I will tell Elsa to file a petition for the declaration or provinces.
of presumptive death of Gino for purpose of
remarrying. B. Who may avail the writ:
1. A natural or juridical person;
Said petition may be filed if Gino has already been 2. Entity authorized by law; or
absent for 4 years, under ordinary circumstances, or 3. People’s organizations, NGOs or any public
2 years if there is a danger of death. interest group accredited by or registered with any
government agency on behalf of persons whose
Provided, however, that Elsa first exert diligent constitutional right to a balanced and healthful
efforts to locate the whereabouts of Gino. ecology is violated.

20. No. The change of name he is seeking is a C. Supreme Court or Court of Appeals
substantial one. More so, with the change of sex. It
cannot be done through a mere administrative D. Ocular Inspection Order
proceeding. Inspection or production of Books

No. Substantial correction of entries are still governed E. General Denial is treated as an admission
by Rule 108. What is within the ambit of RA 10172 are

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 24. True or False (2018, 2019): TFTTTF be available when custody over her person is
being withheld from the person entitled thereto.
OTHERS:
2. In Braza v. City Civil Registrar, the primary
2016 purpose of the petition was to declare the
1. No, the court should have required the opposing marriage void, even without the prior court
parties to present their respective evidence declaration of its nullity. In that case, the Court
supporting their assertions. While the proceeding said that a petition under Rule 108 shall not be a
takes place, an administrator or executor should substitute for the Judicial declaration of Nullity of
have been appointed by the court to preserve Marriage.
estate of the deceased.
2. Yes, the court may distribute portions of the In Fujiki v. Marinay, there has already been a
estate to heirs pending its settlement; provided, judgment from the Japanese court nullifying the
the properties or portions of the estate being marriage. The only thing to be done by the court
distributed are no longer subject of disputes in then is to recognize the judgment.
the settlement proceedings.
3. The petition for issuance of writ of habeas corpus
may not be dismissed. The writ of habeas corpus
is an extraordinary remedy meant to promote
speedy and expeditious manner to afford a
person of his right to liberty against illegal
detention, etc. Summons may not be required on
said proceedings since it should be attended to
and granted in a speedy manner.
4. No. Habeas corpus may not be used to obtain
evidence on the whereabouts of Tomas. It may
further not be allowed a means to fish evidence
of the whereabouts of Tomas. The writ of habeas
corpus is an extraordinary remedy meant to
promote speedy and expeditious manner to
afford a person of his right to liberty against
illegal detention, etc. Hence, the court should
dismiss the petition for writ of habeas corpus.

2018
1. The rule on advance distribution of estate states
that no partition of the estate of the deceased shall
be made unless there has been probate
proceeding and payment of debts, expenses of
administration, funeral expenses, allowance of
spouse and inheritance tax we made. However,
the rule on payment of debts and liabilities before
partition admits an exemption and that is if there
has been a bond instituted to answer for such
liabilities.

2019
1. No. The two kinds of Habeas corpus are:
a. Illegal or unlawful detention, and
b. Rightful custody is being withheld from the
person legally entitled thereto.

It is only in the first kind that there is deprivation

of liberty. In the second kind, even if the person
consented, the petition for habeas corpus will still

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