Sample Questions in Special Proceedings.doc_0

7/28/2019 Sample Questions in Special Proceedings.doc_0

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SPECIAL PROCEEDINGS

PART I. MCQ

1. When may the court issue notices to creditors to file their claims?

A. Immediately after granting letters testamentary or of administration.B. Immediately before granting letters testamentary or of administration.C. After granting letters testamentary or of administration.D. Before granting letters testamentary or of administration.

2. This refers to any debt or pecuniary demand against the decedentsestate.

A. MoneyB. ClaimC. InheritanceD. Taxes

3. This is the period fixed by the rule for the filing of the claims againstthe estate.

A. Statute of FraudsB. Statute of LimitationsC. Statute of Non-ClaimsD. Prescription

4. What is the time within which claims shall be filed?

A. Within the time fixed in the notice which shall not be more than 12

months nor less than 6 months after the date of the first publication.B. Within the time fixed in the notice which shall not be more than 2 years

nor less than 1 year after the date of the first publication.C. Within the time fixed in the notice which shall not be more than 12

months nor less than 6 months after the date of the last publication.D. Within the time fixed in the notice which shall not be more than 3 years.

5. This are claims not filed within the original period fixed by the court.

A. Statute of Non-ClaimsB. DebtsC. Tax refundD. Belated claims

6. The following are claims which should be filed under the Statute ofNon-Claims, except:

A. Money claims, debts incurred by deceased during his lifetime arising fromcontract.

B. Claims for funeral expenses


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C. For the illness of the decedentD. Unpaid taxes

7. This is a conditional claim or claim that is subject to the happeningof a future uncertain event.

A. Absolute ClaimB. Contingent ClaimC. Money ClaimD. Statute of Non-Claim

8. In what instance where the court may appoint a specialadministrator?

A. If the executor or administrator has a claim against the estate herepresents.

B. If the executor or administrator died.C. If the executor or administrator failed to perform his obligations.

D. If the executor or administrator left the country.

9. What is the remedy in order to satisfy debts of the estate?

A. Writ of executionB. Sale or mortgage of the properties of the decedentC. LienD. Criminal action

10.These are the actions which may be commenced directly against theexecutor or administrator, except:

A. Action to recover real or personal property, or any interest therein fromthe estate.

B. Enforcement of a lien.C. Action to recover damages for any injury to person or property, real or

personal.D. Action for the recovery of money or debt.

11.Thefollowing are the requisites before creditor may bring an actionfor recovery of property fraudulently conveyed by the deceased,except:

A. When there is a deficiency of assets in the hands of an executor oradministrator for the payment of debts and expenses of administration.

B. When the deceased conveyed property, right, interest, debt or credit thatby law the conveyance would be void. liable to attachment by hiscreditors.

C. When the conveyed property would be liable to attachment by any of hiscreditors in his lifetime.

D. If the executor or administrator is unwilling or refuses to bring suit.


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12. This refers to the determination of all assets of the estate andpayment of all debts and expenses.

A. DissolutionB. LiquidationC. Termination

D. Partition

13.The order of distribution of the residue of the estate of the deceasedshall be made after the following, except:

A. Payment of all debtsB. Funeral expensesC. Expenses for administrationD. Allowance of the widow and inheritance taxE. Payment of bond

14. Which of the following statements are true:

A. The remedy of an heir entitled to the residue but has not received hisshare is to file a motion with the probate court for delivery to him of hisshare.

B. The remedy of an heir entitled to the residue but has not received hisshare is to file a motion for reopening of the proceeding, within theprescriptive period, if the estate proceedings have been closed.

C. Both statements are true.D. Both statements are false.

15.The following are the exceptions to the rule that a probate courtcannot issue writs of execution, except:

A. To satisfy the contributive share of the devisees, legatees and heirs whenthe latter had entered prior possession over the estate.

B. To enforce payment of the expenses of partition.C. To satisfy the costs when a person is cited for examination in probate

proceedings.D. Payment of all debts and expenses of the obligor and delivery of the

entire estate to all the heirs.

16. This is a proceeding whereby the real and personal property ofa deceased person in the Philippines who dies without leaving anywill or legal heirs, becomes the property of the State upon his death.

A. Escheat proceedingB. Special proceedingC. Probate proceedingD. Distribution and partition proceeding

17. Who files escheat proceedings?


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A. Solicitor General or his representative in behalf of the PhilippinesB. OmbudsmanC. ProsecutorD. DENR

18. What is the basis of the States right to receive property inescheat?

A. DonationB. OccupationC. Order of successionD. Intellectual creation

19.These are requisites for filing of petition for escheats, except:

A. That a person left the Philippines and permanently lives abroad.

B. That a person died intestate.C. That he left no heirs or persons by law entitled to the same.D. That the deceased left properties.

20. One of the following is the respondents remedy againstpetition for escheats.

A. Motion to dismissB. Motion to quashC. Motion for new trialD. Motion for bill of particulars

21. What is the period for filing a claim in escheat proceeding?

A. 10 years from the date of judgment.B. 5 years from the date of judgment.C. 3 years from the date of judgment.D. 4 years from the date of judgment.

22. It refers to the power of protective authority given by law andimposed on an individual who is free and in enjoyment of his rightsover one whose weakness on account of his age or other infirmityrenders him unable to protect himself.

A. GuardianshipB. ParensPatriaeC. AdoptionD. Trusteeship

23. A person in whom the law has entrusted the custody andcontrol of the person or estate or both of an infant, insane or otherperson incapable of managing his own affairs.


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A. GuardianB. TrusteeC. AdopterD. Director of Health

24.The following are the general powers and duties of guardians,except:

A. To have the care and custody of the person of the ward, and themanagement of his estate.

B. Pay the debts of the ward.C. Settle accounts, collect debts and appear in actions for ward.D. Appropriate portion of the estate.

25.These are the conditions of the bond of the guardian, except:

A. To make and return to the court, within 3 months, a true and complete

inventory of all the estate of his ward which shall come to his possessionor knowledge or to the possession or knowledge of any other person forhim.

B. To faithfully execute the duties of his trust, to manage and dispose of theestate.

C. To render a true and just account of all the estate of the ward in hishands.

D. All of the above.

26.These are the grounds for removal of a guardian, except:

A. Insanity

B. Incapability or unsuitability to discharge functionsC. Mismanagement of the property of the wardD. Death of guardian

27. The following are grounds for termination of guardianship:

A. The ward has come of age.B. The ward has died.C. The guardian becomes insane.D. Only 1 and 2 are correct.

28.The following may apply for petition for guardianship, except:

A. Any relativeB. Other person on behalf of a minorC. The minor himself if 14 years of age or overD. The Secretary of Social Welfare and DevelopmentE. All of the above

29. What is the rule on guardianship over minor?


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A. The father and mother shall jointly exercise legal guardianship over theperson and property of their minor without the necessity of a courtappointment.

B. The father and mother shall jointly exercise legal guardianship over theperson and property of their minor with court appointment.

C. Only the father shall exercise legal guardianship.D. Only the mother shall exercise legal guardianship.

30. The grounds for petition to sell or encumber property of minorare the following, except:

A. When the income of estate is insufficient to maintain and educate wardwhen a minor.

B. When it appears that it is for the benefit of the ward.C. When the property is found thereafter to be unsuitable.D. Only 1 and 2 are correct.

31.The following are the rules on trustees, except:

A. Accounts must be under oath and filed annually.B. May sell or encumber property of estate held in trust if necessary or

expedient upon order of the court.C. May be exempted from filing bond if provided in the will or if beneficiaries

requested exemption.D. Must pay the debts of the ward.

32. Which of the following is true:

A. That the trustee will make and return to the court, at such time as it may

order, a true accounting of all the estate belonging to him as trustee,which at the time of the making of such inventory shall have come to hispossession or knowledge.

B. That he will manage and dispose of such estate and faithfully dischargehis trust in relation thereto, according to law and the will of the testator orthe provisions of the instrument or order under which he is appointed.

C. That he is not obliged to render upon oath a true account of the propertyin his hands and of the management of the property.

D. That at the commencement of his trust he will settle his accounts in courtand pay over and deliver all the estate remaining in his hands.

33.These are the requisites for removal or resignation of trustee,except:

A. Petition filed by parties beneficially interested.B. Notice to trustee.C. HearingD. Non-payment of bond


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34.The grounds for removal or resignation of trustee are the following,except:

A. Removal appears essential in the interest of petitioners.B. InsanityC. Incapability of discharging trust.

D. UnsuitabilityE. Death

35. A trustee is necessary to carry into effect:

A. A will where the testator omitted to appoint a trustee in the Philippines.B. Other written instrument where the trustee therein declines, resigns, dies,

or is removed before accomplishment of trust.C. Only number 1 is correct.D. Both statements are correct.

36. What is the presumption created when the trustee neglect to

file a bond?

A. Implied acceptance of trustB. Conditional acceptance of trustC. Resignation or a decline to accept the trustD. Waiver of trust

37. What is the remedy of a guardian from the order of removalfrom guardianship?

A. Motion for reconsiderationB. Appeal

C. Payment of bondD. Petition for review on certiorari

38. These are the considerations in appointing guardians, except:

A. Moral characterB. Financial statusC. Physical, mental and psychological conditionD. Relationship of trust with the parents

39. When does the MTC lose jurisdiction over probate cases,

testate or intestate? (Section 5, R.A.7691 Judiciary Act of 1980)

A. The location of the properties involved makes it inconvenient to try the

case in the MTC.

B. Assessed value of the property involved exceeds Twenty Thousand Pesos

(20,000.00) or, in Metro Manila, where such value exceeds Fifty Thousand

Pesos (50,000.00)


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C. Gross value of the estate exceeds Three Hundred Thousand Pesos

(300,000) or, in probate matters in Metro Manila, where such gross value

exceeds Four Hundred Thousand Pesos (400,000)

D. Gross value of the estate exceeds One Hundred Thousand Pesos

(100,000) or, in probate matters in Metro Manila, where such gross value

exceeds Two Hundred Thousand Pesos (200,000)

40. If the decedent is an inhabitant of the Philippines at the time

of his death, whether resident or alien, his will shall be proved or

letters of administration granted and his estate be settled in; (Sec.

1, Rule 73)

A. The appropriate court in the province in which he resides at the time of his

death.

B. The appropriate court in any province in which he had an estate or

property.

C. The court where the first action was filed regardless of the location of

property and residence of the decedent.

D. The appropriate court in the province where the decedent willed his estate

to be settled.

41. Deceased X had properties in Makati, Cebu and Canada. His

brother Y was issued letters testamentary by RTC Makati City. Such

letters testamentary shall extend to all the estates of deceased X

A. in Makati only

B. in all the places where the deceased had properties (Makati, Cebu,Canada)

C. in Makati and Cebu

D. in Cebu only

42. B died. A, his daughter filed for the probate of the will before

the Court of First Instance of Malabon where Bs property is located,

C, his son however filed the probate of the will involving the same

property in Quezon City where B resides. Which of the action will

acquire jurisdiction in court?

A. As action, where Bs property is located.

B. The action filed in Quezon City where B resides prior to his death.

C. Whoever first filed the probate of the will in any of the court may acquire

jurisdiction.

D. The court first taking cognizance of the settlement of the estate of the

decedent.


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43. OC filed for the Petition for Probate of the last will and

testament. Pending petition, OC died intestate. Heirs of OC FC filed

petition to substitute him by OC. ES, one of the heirs opposed

holding that the court should appoint administrator or executor. Is

the contention valid? (San Juan vs. Cruz, 479 SCRA 410)

A. No. The heirs do not need to first secure appointment of an administrator

of his estate, because from the moment of his death, they stepped into his

shoes and acquired his rights as devisee or legatee.

B. Yes, prior determination by the probate court of who are the rightful heirs

is necessary.

C. Yes, only in the absence of executor or administrator that the heirs may

be allowed to substitute for the deceased party.

D. No, the court may enjoin any representative to appear before the court.

44. The following are jurisdictional facts which need to be alleged

in the petition for allowance of the will. Which is the exception?

A. Fact of the death of the decedent

B. His residence at the time of his death in the province where the probate

court is sitting

C. If he is an inhabitant of a foreign country, his leaving his estate in such

province where the probate court is sitting

D. A copy of the will attached to the petition

45. When the marriage is dissolved be the death of the husband or

wife. The community property shall be:

A. Inventoried, administered, liquidated and the debts thereof paid, in the

testate or intestate proceedings of deceased spouse.

B. The court may issue warrants to compel the necessary process of the

probate proceedings.

C. The court may appoint an administrator.

D. The Court shall take cognizance of the settlement of the estate.

46. If both parties have died, the conjugal partnership shall be:

A. liquidated, partitioned and administered

B. liquidated in special proceedings

C. liquidated in the testate or intestate proceedings of either.

D. dissolved automatically

47. The Court may issue warrants and process necessary:


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A. to render judgment in the probate proceedings

B. to effect orders and judgments, and all the powers granted them by law

C. to compel the attendance of witnesses or to carry into effect their orders

and judgments, and all other powers granted them by law

D. to apprehend and put into prison non-performer of an order

48. The court in the exercise of its probate jurisdiction may:

A. inventory, liquidate and administer the property in the intestate

proceedings

B. render judgment at anytime

C. issue a warrant for the apprehension and imprisonment of a person if he

does not perform an order of judgment rendered by the court

D. compel attendance of administrator

49. The jurisdiction of the probate court, so far as it depends on

the place of residence of the decedent, or the location of his estate,

shall:

A. be contested in a suit or proceeding in an appeal to higher court

B. be contested in a suit or proceeding, in an appeal from that court, in the

original course, or when want of jurisdiction appears on the record

C. not be contested in a suit or proceeding, except in an appeal on higher

court, or when the want of jurisdiction appears on the record

D. not be contested in a suit or proceeding, except in an appeal from that

court, in the original case, or when the want of jurisdiction appears on the

record50. The court first taking cognizance of the settlement of the

estate of the decedent, shall exercise jurisdiction to the exclusion of

all other courts. Is this statement true?

A. yes, the court should be given the full authority in the exercise of its

function

B. yes, in so far as it depends on the place of residence of the decedent

C. no, it depends on the person who filed the action

D. yes, as provided under Section 1, Rule 73 of the Rules of Court

51. X died. His son filed a petition for the allowance of a will made

by his father. Upon reading of the will, it appears that Xs daughter

M was preterited since she was inadvertently omitted in the will. M

filed an opposition for the allowance of the will.


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A. the court may not act on the petition of M since during probate

proceedings, it is limited only to passing upon the extrinsic validity of the

will sought to be probated.

B. The court may pass upon the intrinsic validity of the will if it appears void

on its face

C. The court should first pass upon the extrinsic validity of the will and afterits allowance, it is the only time when M may question its intrinsic Validity

D. During probate proceedings, the court looks into both the extrinsic and

intrinsic validity of the will

52. The following are evidence necessary for the reprobate of wills

which have been probated outside of the Philippines. Which one is

not included?

A. Due execution of the will in accordance with the foreign laws

B. The testator has his domicile in the Philippines

C. The will has been admitted to probate in such country

D. The laws of a foreign country on procedure and allowance of wills

53. A person shall be presumed dead if absent and unheard of for

purposes of opening succession for the period of:

A. 4 years

B. 5 years

C. 10 years

D. 6 years

54. If a person presumed dead turned out to be alive, he shall be

entitled to:

A. no part in the estate as it was already probated

B. the balance of his estate after payment of all his debts

C. he cannot recover on any part of his estate

D. all portion which belongs to him

55. The parties may, without securing letters of administration,

divide the estate among themselves as they see fit by means of apublic instrument filed in the office of the register of deeds, and

should they disagree, they may do so in an ordinary action of

partition, when; (Section 1, Rule 74)

A. If the decedent left minimal debts which may be paid in handy by the

heirs.


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B. If the decedent left no will and no debts and the heirs are all of age, or the

minors are presented by their judicial or legal representatives duly

authorized for the purpose.

C. Whenever the gross value of the estate of a deceased person, whether he

died testate or intestate, does not exceed ten thousand pesos, and that

facts is made to appear to the Court of First Instance having jurisdiction ofthe estate by the petition of an interested person and upon hearing.

D. When no executor or administrator is assigned by the decedent.

56. Which statement is right?

A. If there is only one heir, he cannot adjudicate to himself the entire estate

by means of an affidavit filed in the office of the register of deeds.

B. If there is only one heir, he may adjudicate to himself the entire estate by

means of an affidavit filed in court.

C. If there is only one heir, he cannot adjudicate to himself the entire estate

by means of an affidavit filed in court.

D. If there is only one heir, he may adjudicate to himself the entire estate by

means of an affidavit filed in the office of the register of deeds.

57. A bond shall be simultaneously filed with the registry of deeds

by:

A. The parties to an extrajudicial settlement, whether by public instrument or

by stipulation in a pending action for partition, or of the affidavit in the

office of the register of deeds

B. the parties to an extrajudicial settlement in a pending action for partitionC. when there is a stipulation in a pending action for partition

D. The parties to an extrajudicial settlement by public instrument of affidavit

I the office of the register of deeds

58. A died intestate. All his heirs are of legal age but he owed C an

amount of one million pesos during his lifetime, will the heirs of A

adjudicate to themselves the properties of A?

A. yes, since all the heirs are of legal age.

B. yes since the heirs may opt to pay the amount of debt to C.C. no, the one million owed to C shall bar the extra judicial settlement among

the heirs even if they are of legal age

D. no, the one million pesos should be paid first

59. P died intestate living his only son D as his heir. D adjudicated

the entire estate of P to himself by means of an affidavit and filed

the same with the registry of deeds. Is the action complete?


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A. The sole heir who adjudicates the entire estate to himself by means of an

affidavit shall file it with the registry of deeds

B. The sole heir who adjudicates the entire estate to himself by means of an

affidavit shall be filed with the registry of deeds simultaneous with the

filing of a bondC. The affidavit shall be by public instrument before the filing to the registry

of deeds

D. The sole heir who adjudicates the entire estate to himself by means of an

affidavit shall be duly signed and must be in a public instrument

60. When may a deprived heir or creditor be allowed to compel the

settlement of the estate in the courts for the purpose of satisfying

their lawful participation?

A. Anytime if there is fraud.

B. Within 2 years from the approval of the will by the probate court.

C. Within 2 years from the settlement and distribution of the estate.

D. Anytime, as long as the will is approved by the probate court.

61. X died in 2006 and on the same year, an extrajudicial

settlement of the estate of the deceased under Rule 74 was made by

his heirs, it appearing that he had no indebtedness. In 2009, M filed

a claim against the estate of the deceased, claiming that he had no

knowledge of the settlement.

A. M is barred from filing his claim as it was made beyond the 2 yearprescriptive period allowed for the deprived heir or creditor to enforce the

claim.

B. M may still pursue his claim. The 2 year prescriptive period applies only

against parties who had taken part in the extrajudicial proceedings, but

not against third persons not parties to it.

C. A deprived creditor, regardless if he had knowledge of the settlement or

not, may pursue his claim at any time since it is considered as a vested

right.

D. The prescriptive period in this case is 10 years since the cause of action is

based on a contract.

62. The children of D on his first marriage found out after sixty

years that the children of D on the second marriage had an extra

judicial partition of the only property of D located in San Juan,

excluding them hence, they filed for annulment of said partition. The

lower Court and the CA ruled that their right is already barred by

laches. Are the courts correct? (Cruz vs. Cristobal, 498 SCRA 37)


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A. Yes, the sixty years of inaction on the part of the first children shall bar

annulment of the partition

B. No prescription shall lie in favor of a co-owner or co-heirs, in so far as his

share is concerned.

C. Yes. The two year prescriptive period shall apply.

D. No. Absence of notice on the other party should be considered

63.AJ bought a property from co-heirs B, F and D. Thereafter, the co-

heirs made a publication of the Extra Judicial Settlement. F and E

however, other co-heirs later discovered the sale and refusedto

resell their share to AJ instead filed an action for annulment of the

extra judicial partition. Is the publication of the extra judicial

partition binding on the non-signatory heirs? (Cua vs. Vargas,506

SCRA 374)

A. No. The publication required for extra judicial settlement was made

without the consent of the other heirs.

B. Yes. The transaction occurred after partition so the co-owners could

validly dispose of their shares

C. Yes. Written Notice of sale though not sent, was cured by the actual

knowledge of sale

D. No. Publication was made after the partition not before it was partitioned

as required in Rule 74, Section 1.

64. Which among the statement is not correct?

A. The court may proceed summarily, without the appointment of anexecutor or administrator, and without delay whenever the gross value of

the estate of a deceased person does not exceed ten thousand pesos.

B. The CFI having jurisdiction of the estate by the petition of an interested

person and upon hearing of not less than one month nor more than three

months from the date of last publication of a notice which shall be

published once a week for three consecutive weeks in newspaper of

general circulation may proceed summarily.

C. The CFI on summary settlement of estate may determine who the persons

are legally entitled to participate and to apportion among them after

payment of such debts of the estate as the court shall then find to be due.D. The CFI after finding that that the heirs are of lawful age and legal

capacity and qualified shall then be ordered to receive their shares and

enter into possession of the estate after payment of the costs of the

proceedings.


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65. Within two years after settlement and distribution of an

estate, an heir or other person who has been unduly deprived of his

lawful participation in the estate may:

A. compel the settlement of the estate in courts

B. file an action for partitionC. collect the proportional amount due him

D. file a collection for sum of money

66. If within 2 years, it shall appear that there are debts

outstanding against the estate which has not been paid. The court

having jurisdiction of the estate:

A. by order, after hearing, settle the amount of such debts or lawful

participation and order how much and in what manner each distributes

shall contribute in the payment thereof

B. the court may decide ex parte on the motion

C. the court may order or issue execution against the bond without hearing

D. the court may order annulment of the extra judicial settlement

67. A minor or mentally incapacitated person, or is in prison or

outside the Philippines may file his claim against the estate:

A. within two years only

B. Within two years after the extra judicial settlement

C. cannot claim anymore after expiration of the two year period

D. after the expiration of the two year period, within one year after suchdisability is removed

68. X died, living a will which states that Mario shall receive

10,000 pesos from his account. Mario claimed the peso equivalent

holding that the same need not be proved in court due to its small

amount. Is he right?

A. No will shall pass either real or personal estate unless it is proved and

allowed in the proper court.

B. Yes, due to its small amount the court will not take notice of itC. Yes, proving in court a small amount is a waste of time

D. No. allowance in court is necessary to avoid confusion.

69. The person who has custody of a will after he knows of the

death of the testator shall deliver the will to the court:

A. within 10 days


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B. within 15 days

C. within 30 days

D. within 20 days

70. After knowing the death of the testator the named executor

shall:

A. within 30 days present the will to the court having jurisdiction

B. within 15 days present the will to the court having jurisdiction

C. within 20 days present the will to the court having jurisdiction

D. within 10 days present the will to the court having jurisdiction

71. After knowing that he is named executor in the will, he shall:

A. signify to the court in writing his acceptance or refusal within 20 days

B. signify to the court in writing his acceptance or refusal within 30 days

C. signify to the court in writing his acceptance or refusal within 15 days

D. signify to the court in writing his acceptance or refusal immediately

72. A person who neglects the duties required in notifying the

court as an executor within the prescribed period shall:

A. be fined at the courts discretion

B. be charged with contempt of court

C. be fined not exceeding two thousand pesos

D. be arrested without court order

73. The court in a probate proceeding may:

A. order the person having custody of the will to deliver the same without

any consequence

B. order the arrest of the person having custody of the will, if he fails to

deliver it without reasonable cause

C. fine the person responsible person without hearing

D. go on with the proceeding even with the absence of the will

74. Who may petition the probate of a will?

A. executor

B. devisee or legatee named in the will

C. any other person with interest therein

D. all of the above


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75. A return of a writ of habeas corpus is considered prima facieevidence of the cause of the detention if:

A. made by a public officer.B. made by a private person.C. the detention is pursuant to a warrant of arrest.

76. When a person is detained by a private person, the writ ofhabeas corpus is directed:

A. to the said private person.B. to an officer of the law.C. to any person designated by the court.D. none of the above.

77. Habeas Corpus issued by the Regional Trial Court (RTC) is

enforceable only in:A. the territorial jurisdiction of the RTC that issued it.B. the place where the person is actually detained.C. in the judicial region to which the RTC that issued it pertains.D. none of the above.

78. An appeal in habeas corpus case shall be perfected by filing thenotice of appeal with the clerk of court or judge who rendered the

judgment within:

A. 15 days from notice of judgment.

B. 30 days from notice of judgment.C. 5 days from notice of judgment.D. 48 hours from notice of judgment.

79. Who may not grant a writ of habeas corpus?

A. Any Regional Trial court judgeB. The court of tax appeals or any members thereofC. The court of appeals or any member thereofD. The Supreme Court or any member thereof

80. Choose the judicial proceedings below in which a writ of habeascorpus cannot be availed of as consequence thereof

A. Where there has been deprivation of a constitutional right resulting in theresistant of a person

B. Where an excessive penalty has been imposed, as such sentence is voidas to such excess.


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C. Where the petitioner has been unable to establish by the evidence to beentitled to the custody of the minor on account of mistaken identity.

D. Where the lower court had no jurisdiction to impose the sentence.

81. Dorothy filed a petition for writ of habeas corpus against her

husband, Roy, to get from him custody of their 5 year old son, Jeff.The court granted the petition and required Roy to turn over Jeff tohis mother. Roy sought reconsideration but the court denied it. Hefiled a notice of appeal five days from receipt of the order denyinghis motion for reconsideration. Did he file a timely notice of appeal?

A. No, since he filed it more than 2 days after receipt of the decision grantingthe petition.

B. No, since he filed it more than 2 days after receipt of the order denyinghis motion for reconsideration.

C. Yes, since he filed it within 15 days from receipt of the denial of his motionfor reconsideration.

D. Yes, since he filed it within 7 days from receipt of the denial of his motionfor reconsideration.

82. In which of the following instances is the quantum of evidenceERRONEOUSLY applied?

A. in Writ of Amparo cases, substantial evidence.B. to satisfy the burden of proof in civil cases, preponderance of evidence.C. to overcome a disputable presumption, clear and convincing evidence.D. to rebut the presumptive validity of a notarial document, substantial

evidence.

83. What is the right correlation between a criminal action and apetition for Writ of Amparo both arising from the same set of facts?

A. When the criminal action is filed after the Amparo petition, the latter shallbe dismissed.

B. The proceeding in an Amparo petition is criminal in nature.C. No separate criminal action may be instituted after an Amparo petition is

filed.D. When the criminal action is filed after the Amparo petition, the latter shall

be consolidated with the first.

84. Alex filed a petition for writ of amparo against Melba relativeto his daughter Toni's involuntary disappearance. Alex said thatMelba was Toni's employer, who, days before Toni disappeared,threatened to get rid of her at all costs. On the other hand, Melbacountered that she had nothing to do with Toni's disappearance andthat she took steps to ascertain Toni's whereabouts. What is the


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quantum of evidence required to establish the parties' respectiveclaims?

A. For Alex, probable cause; for Melba, substantial evidence.B. For Alex, preponderance of evidence; for Melba, substantial evidence.C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.

D. For both, substantial evidence.

85. The Regional Trial Court in which a petition for a Writ of Amparo isfiled is the one which has jurisdiction over the:

A. Place of residence of the respondent or any of the respondents.B. Place of residence of the aggrieved party only.C. Place of residence of the petitioner who is not aggrieved party.D. Place where the threat, act or omission was committed or any of its

elements occurred.

86. Under the Rules on the Writ of Amparo, interim relief ordersmay be issued by the Court except:A. production order;B. witness protection order;C. hold departure order;D. temporary protection order.

87. A and B adopted their nephew. They filed an action forrevocation of the adoption on May 1, 1998 on the ground that theirnephew neglected them. Based on the Rules of Domestic Adoption,the judge must:

A. advise A and B to just disinherit the nephew.B. disallow the revocation.C. refer the petition to the DSWD.D. grant the petition after hearing.

88. A judge of an MTC can hear and decide petitions for habeascorpus or applications for bail where:

A. the Supreme Court authorizes the MTC.B. the judge is the Executive Judge of the MTC.C. the judge of the RTC where the case is raffled has retired, was dismissed

or had died.D. in the absence of all the RTC Judges in the province or city.

89. Statement 1. The omnibus waiver rules states that all defensesnot raised in the return are deemed waived.

Statement 2. When the respondent fails to file a return with respectto a petition for writ of amparo, the court, justice or judge shalldecide in favor of the petitioner.


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A. Both statements are correct.B. Only Statement 1 is correct.C. Only Statement 2 is correct.D. Both statements are incorrect.

90. Statement 1. All legal ties between the biological parents andthe adoptee shall be severed and the same shall then be vested onthe adopter/s, except where the biological parent is the spouse ofthe adopter.

Statement 2. Only the adoptee can rescind the decree of adoption.


91. Statement 1. In habeas corpus cases, the judgment in favor ofthe applicant may contain a provision for damages.

Statement 2. To justify the grant of the petition for issuance of writof habeas corpus, the illegal restraint of liberty may be nominal ormoral.


92.What is the right correlation between a criminal action and apetition for Writ of Habeas Databoth arising from the same set offacts? (2011 Bar Question, modified)A. When the criminal action is filed after the Habeas Data petition, the latter

shall be dismissed.B. The proceeding in a Habeas Data petition is criminal in nature.C. No separate criminal action may be instituted after a Habeas Data petition

is filed.D. When the criminal action is filed after the Habeas Data petition, the latter

shall be consolidated with the first.

93. Juliet filed a petition for writ of habeas data against theemployer of husband, Romeo. The court denied the petition. Julietfiled a notice of appeal seven days from receipt of the order denyingher motion for reconsideration. Did she file a timely notice ofappeal?


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A. No, since he filed it more than 5 working days after receipt of the decisiongranting the petition.

B. No, since he filed it more than 5 working days after receipt of the orderdenying his motion for reconsideration.

C. Yes, since he filed it within 15 working days from receipt of the denial ofhis motion for reconsideration.

D. Yes, since he filed it within 7 working days from receipt of the denial of hismotion for reconsideration.

94. Which statement(s) is / are true about the Writ of HabeasData?

A. It is a remedy available to any person whose right to privacy in life, libertyor security is violated or threatened by an unlawful act or omission

B. It is applicable in cases of extralegal killings and enforced disappearancesC. The unlawful act or omission may be committed by a private individual or

entity engaged in the gathering, collecting or storing of data orinformation regarding the person, family, home and correspondence ofthe aggrieved party

D. A & B onlyE. All of the above

95.Gerald filed a petition for writ of Amparo against Michael relative to

his daughter Janes involuntary disappearance. Alex said that

Michael was Jane's employer, who, days before Jane disappeared,

threatened to get rid of her at all costs. On the other hand, Michael

countered that she had nothing to do with Janes disappearance and

that he took steps to ascertain Janeswhereabouts. What is the

quantum of evidence required to establish the parties' respective

claims? (2011 Bar Question, modified)

A. For Alex, probable cause; for Melba, substantial evidence.B. For Alex, preponderance of evidence; for Melba, substantial evidence.C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.D. For both, substantial evidence.

96. Who among the following may file the petition for Writ ofHabeas Data?

A. only the aggrieved party because the right to privacy is a personal rightB. the State in case of extralegal killingsC. the entity engaged in the gathering, collecting or storing of data or

information regarding the person

D. any member of the immediate family of the aggrieved party in cases ofextralegal killingsE. All of the above

97. Petition for Writ of Habeas Data may be filed in any of thefollowing, at the option of thepetitioner, except:

A. RTC where the petitioner or respondent residesB. RTC where the petitioner resides


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C. RTC with jurisdiction over the place where the data is gathered, collected,or stored

D. Supreme Court or Sandiganbayan or CA or any justice thereof, if theaction concerns public data files of government offices.

E. None of the above

98. Where is the Writ of Habeas Data returnable?

A. When the writ is issued by a Regional Trial Court or any judge thereof, itshall be returnable before such court or judge.

B. When issued by the Court of Appeals or the Sandiganbayan or any of itsjustices, it may be returnable before such court or any justice thereof, orto any Regional Trial Court of the place where the petitioner or respondentresides, or that which has jurisdiction over the place where the data orinformation is gathered, collected or stored.

C. When issued by the Supreme Court or any of its justices, it may bereturnable before such Court or any justice thereof, or before the Court ofAppeals or the Sandiganbayan or any of its justices, or to any Regional

Trial Court of the place where the petitioner or respondent resides, or thatwhich has jurisdiction over the place where the data or information isgathered, collected or stored.

D. All of the aboveE. None of the above

99. A Writ of Habeas Data which is issued by a judge of RegionalTrial Court shall be enforceable:

A. anywhere in the PhilippinesB. at the place where the petitioner or respondent resides

C. at the place where the court has jurisdictionD. at the place where the data or information is gathered, collected or storedE. None of the above

100. Of the following violation of rights, which one is applicable toall writs, i.e. habeas corpus, amparo, & habeas data?

A. actual violation of aggrieved partys rightsB. an actual or threatened violation of aggrieved partys rightsC. threatened violation of aggrieved partys rightsD. All of the aboveE. None of the above

101. STATEMENT 1: No docket and other lawful fees shall berequired from an indigent petitioner for a petition for writ ofhabeas data.

STATEMENT 2: Unlike in a petition for writ of amparo, onlyindigent clients are exempted from paying docket and other lawfulfees for a petition for writ of habeas data.


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A. Both statements are false.B. Both statements are true.C. Only statement 1 is trueD. Only statement 2 is true.E. Both are neither true nor false.

102. If date and time of hearing for a petition for Habeas Corpus isthat which is specified on the writ, how about for petitions for Writof Amparo and Writ of Habeas Data?

A. For Writ of Amparo, summary hearing shall be conducted not later than 7days from the date of issuance of the writ while for Writ of Habeas Data,not later than 10 working days from the date of the issuance of the writ

B. For Writ of Amparo, summary hearing shall be conducted not later than 7working days from the date of issuance of the writ while for Writ ofHabeas Data, not later than 10 days from the date of the issuance of thewrit

C. Not later than 7 days from the date of issuance of both writsD. Within 10 days from date of issuance of the writsE. None of the above

103. If the court issues a Writ of Habeas Data, who should file thereturn?

A. Officer by whom the prisoner is imprisoned or the person in whosecustody the prisoner is found

B. The respondent

C. The person to whom it is directedD. Private individual or entity engaged in the gathering, collecting or storing

of data or information regarding the person, family, home andcorrespondence of the aggrieved partyE. Officer of the Court

104. Karlo, who was directed by the RTC Judge through the issuance of

Writ of Habeas Data, failed to file a verified written return within

the prescribed period without any justifiable reason. What are the

consequences of his refusal to obey the writ?

A. None because he can file a motion for extension of period in filing the

return.B. Forfeit the sum of Php1000 to the party aggrieved, and may be punishedfor contempt.

C. Imprisonment or fine for committing contempt.

D. None since the court can proceed to hear the petition ex parte.E. Both B & C

105. The petition for Writ of Habeas Data contains the following

pertinent information, except:

A. The personal circumstances of petitioner or respondent.


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B. The manner the right to privacy is violated or threatened and how itaffects the right to life, liberty or security of the aggrieved party.

C. The actions and recourses taken by the petitioner to secure the data orinformation.

D. The location of the files, registers or databases, the government office,and the person in charge, in possession or in control of the data or

information, if known.E. The reliefs prayed for.

106. Upon issuance of the Writ of Habeas Data, when should it beserved?

A. It shall be served within three (3) days from its issuanceB. Immediately upon issuance of the writC. Not later than ten (10) working days from the date of its issuanceD. Within 48 hours upon issuanceE. Not later than seven (7) working days from the date of issuance

107. How should the Writ of Habeas Data be served?

A. The writ is served thru personal service or through substituted service ifwrit cannot be served personally

B. If respondent is not found, it is served upon the person having custody ofthe person

C. In any practical and fastest meansD. A & BE. All of the above

108. A wants to file a Petition for Writ of Habeas Data against the

AFP in connection with threats to his life allegedly made by AFPintelligence officers. A needs copies of AFP highly classifiedintelligence reports collected by Sgt. Santos who is from AFP. Acan file his petition with: (2012 Bar Question)

A. RTC where AFP is located;B. RTC where Sgt. Santos resides;C. Supreme Court;D. Court of Appeals.E. None of the above

109. Which of the following is not a Special Proceeding? (2012 Bar

Question)

A. Escheat;B. Change of First Name;C. Constitution of Family Home;D. None of the aboveE. Absentees;


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110. The following are prohibited pleadings in filing petition forWrit of Habeas Data, except:

A. Motion to dismissB. Motion for extension of time to file opposition, affidavit, position paper and

other pleadings

C. Counterclaim or cross-claimD. Reply

E. Petition for certiorari, mandamus or prohibition

111. Myrna filed a petition for Writ of Habeas Data and hearing ofwhich proceeded afterwards. How long does the Court have indeciding the petition?

A. Seven (7) working daysB. Seven (7) daysC. Ten (10) working daysD. Ten (10) daysE. Immediately

112. After the allegations in the petition by A were proven bysubstantial evidence, Judge B issued an order for rectification ofthe erroneous data. Upon its finality, how soon should the

judgment be enforced by the sheriff or any lawful officer?

A. Five (5) working daysB. Five (5) daysC. Seven (7) working daysD. Ten (10) days

E. Ten (10) working days

113. Upon finality of the order issued by the court in favor of Martinarising from his petition for Writ of Habeas Data, respondent Popsmay appeal from the final judgment or order to the Supreme Courtunder Rule 45 within how many days?

A. Five (5) working daysB. Five (5) daysC. Seven (7) working daysD. Ten (10) daysE. Ten (10) working days

114. Bimbol filed a Petition for Writ of Habeas Data against the AFP inconnection with threats to his life allegedly made by AFPintelligence officers. AFP, through Sgt. Roco, denied stating that hehad knowledge whatsoever on the allegations of Bimbol. If youwere the judge, will you allow Sgt. Rocos denial of the allegations?

A. Yes, because AFP intelligence reports are confidential in nature that wouldaffect national security.


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B. Yes, because confidentiality of information is a lawful defenseC. No, because Sgt. Roco is not authorized to represent AFP.D. No, because general denial of the allegations in the petition is not allowed

115. The hearing on the petition for Writ of Habeas Data shall besummary in nature. May the court call for a preliminary

conference?

A. No, because the hearing is summary in nature.B. No, because preliminary conference is superfluous.C. Yes, for the court to simplify the issues and determine the possibility of

obtaining stipulations and admissions from the parties.D. Yes, because it would be discretion by the court.

116. When a criminal action is filed subsequent to the filing of apetition for the writ of Habeas Data, the latter shall beconsolidated with the criminal action. Will filing of the writsubsequent to a criminal action result to a consolidation as well?

A. No, because the proceeding in an Habeas Data petition is criminal innature.

B. No, because separate petition for the writ shall not be filed, but the reliefsunder the writ shall be available motion in the criminal case.

C. Yes, because filing of criminal action does not preclude filing of a separatepetition.

D. Yes, because when the criminal action is filed before the Habeas Datapetition, the latter shall be consolidated with the first.

117. Where will you appeal the judgment of RTC denying a petition

for Writ of Habeas Data?

A. Supreme CourtB. Court of AppealsC. SandiganbayanD. Any of the above

118. In filing for petition for change of name, which court has thejurisdiction?

A. RTC of the province where the petitioner has been residing for 3 yearsprior to the filing of the petition.

B. RTC of the province where the petitioner has been residing for at leas ayear prior to the filing of the petition.

C. Local Civil Registrar of the province where the petitioner has been residingfor 3 years prior to the filing of the petition.

D. Local Civil Registrar of the province where the petitioner has been residingfor at least a year prior to the filing of the petition.

119. If the petition filed for change of name is sufficient in form

and substance, the court, by an order reciting the purpose of the

petition, shall fix a date and place for the hearing thereof, and


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shall direct that a copy of the order be published. Publication

requirement of the law is:

A. At least once a week for at least once a week for three (3) successiveweeks in some newspaper of general circulation published in the province

B. For three (3) successive weeks in some newspaper of general circulationpublished in the provinceC. At least three (3) successive weeks in some newspaper of general

circulation published in the provinceD. For three (3) consecutive weeks in some newspaper of general circulation

120. Upon compliance with the publication requirement for petition

for change of name, when should the hearing be set?

A. Not within thirty (30) days prior to an election nor within four (4) monthafter the last publication of the notice.

B. Not within thirty (30) days prior to an election nor within six (6) monthsafter the last publication of the notice.

C. Within thirty (30) days after publicationD. Anytime at the discretion of the Court

121. The following subject matters are covered by Rule 108 of theRules of Court:

A. Change of first name due to clerical errorsB. Change of nick name due to clerical errorsC. Change or corrections in the civil entries of the judgments of annulments

of marriageD. Change of surname or full nameE. None of the above

122. The following subject matters are covered by RA 9048:

A. Change of first name due to clerical errorsB. Change in the civil entries of the judgments of annulments of marriageC. Change in the entries of Birth CertificateD. Change of surname or full nameE. None of the above

123. This particular Rule or enactment requires the person desiringto change his name to file the petition:

A. Rule 103 of the Rules of CourtB. Rule 108 of the Rules of CourtC. RA 9048D. All of the above


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124. This particular Rule or enactment requires summaryproceeding:

A. Rule 103 of the Rules of CourtB. Rule 108 of the Rules of CourtC. RA 9048

D. All of the above

125. This particular Rule or enactment requires judicial proceeding:


126. This particular Rule or enactment requires administrativeproceeding:


127. Nature of the proceeding under this particular Rule orenactment converts the proceeding from being summary in natureto an adversarial proceeding:


D. All of the above

128. This particular Rule or enactment requires filing of a signedand verified petition:


129. In what legal form should you file when you make use of RA9048 as your basis for change or correction of entries?

A. Signed and verified petition:B. Verified petitionC. AffidavitD. All of the above

130. The law (RA 9048) requires publication of Affidavit for

correction first name due to clerical errors for:


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A. For three (3) successive weeks in some newspaper of general circulationpublished in the province

B. At least three (3) successive weeks in some newspaper of generalcirculation published in the province

C. For two (2) consecutive weeks in some newspaper of general circulationD. Once a week for two (2) consecutive weeks in some newspaper of general

circulation

131. This particular Rule or enactment requires posting of thepetition in a conspicuous place for ten (10) consecutive days aspart of the publication requirement:


132. It is the Civil Registrar who participates in behalf of thegovernment whenever a petition is brought forth under this/theserule(s) or enactment:

A. Rule 103 of the Rules of CourtB. Rule 108 of the Rules of CourtC. RA 9048D. A & BE. B & C

133. Marian Kubeta filed a petition to change his first name"Marian." After the required publication but before any oppositioncould be received, he filed a notice of dismissal. The courtconfirmed the dismissal without prejudice. Five days later, he filedanother petition, this time to change his surname "Kubeta." Again,Marian filed a notice of dismissal after the publication. This time,however, the court issued an order, confirming the dismissal of thecase with prejudice. Is the dismissal with prejudice correct? (2011Bar Question, modified)

A. Yes, since such dismissal with prejudice is mandatory.B. No, since the rule on dismissal of action upon the plaintiffs notice does

not apply to special proceedings.C. No, since change of name does not involve public interest and the rules

should be liberally construed.D. Yes, since the rule on dismissal of action upon the plaintiffs notice applies

and the two cases involve a change in name.134. It is the Office of the Solicitor General or the proper provincial

or city fiscal who appears in behalf of the government whenever apetition is brought forth under this/these rule(s) or enactment:

A. Rule 103 of the Rules of Court


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B. Rule 108 of the Rules of CourtC. RA 9048D. A & BE. B & C

135. What specific rule or law will you use if you wish to use your

first name which you have been continuously using and you havebeen publicly known by that name or nickname in the community?

A. Rule 103 of the Rules of CourtB. Rule 108 of the Rules of CourtC. RA 9048D. A & BE. B & C

136. The following are grounds for correction of name under Rule103 of the Rules of Court, except:

A. First Name or Nick name is ridiculous, tainted with dishonor, andextremely difficult to write or pronounce

B. Consequence of change of statusC. Necessity to avoid confusion

D. Having continuously used and been known since childhood by a Filipinoname, unaware of her alien parentage

E. None of the above

137. STATEMENT 1: When cancellation or correction of an entry inthe civil register is sought, the civil registrar and all persons whohave or claim any interest which would be affected thereby shall bemade parties to the proceeding.

STATEMENT 2: When cancellation or correction of an entry in thecivil register is sought, the civil registrar shall be made parties tothe proceeding.

A. Both statements are false.B. Both statements are true.C. Only statement 1 is trueD. Only statement 2 is true.E. Both are neither true nor false.

138. STATEMENT 1: The civil registrar and any person having orclaiming any interest under the entry whose cancellation orcorrection is sought may, within fifteen (15) days from notice ofthe petition, or from the last date of publication of such notice, filehis opposition thereto.

STATEMENT 2: Any interested person may appear at the hearingand oppose the petition for change of name. The Solicitor General


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or the proper provincial or city fiscal shall appear on behalf of theGovernment of the Republic.

A. Both statements are false.B. Both statements are true.C. Only statement 1 is true

D. Only statement 2 is true.E. Both are neither true nor false.

139. Since Grade I, you have been using the first name Mariah butupon securing a copy of your Birth Certificate from NSO, youdiscovered that your first name is spelled out as Maria. You wishto continue using Mariah as your first name. Under what rule orlaw would you adopt to proceed with your petition?


D. A & BE. B & C

140. How and where do you appeal for an unfavorable decisionissued by the Local Civil Registrar for petition for correction of firstname due to clerical errors?

A. Court of Appeals via Rule 43B. Civil Registrar General, then to Court of Appeals via Rule 43C. Supreme Court via Rule 45D. Supreme Court via Rule 65

141. How and where do you appeal for an unfavorable decisionissued by the RTC for petition for change of name?

A. Court of Appeals via Rule 43B. Civil Registrar General, then to Court of Appeals via Rule 43C. Supreme Court via Rule 45D. Supreme Court via Rule 65

142. Which is correct? The allowance of a will is:

A. not conclusive as to its due execution.B. conclusive as to its due execution.C. conclusive as to the validity of the dispositions made therein.D. not conclusive on anything.

143. The petition for the allowance of a will may not be filed by:A. the testator himself during his lifetimeB. the executorC. the devisee/ legatee


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D. a person who is not interested in the estate.

144. A will proved and allowed in a foreign country may be allowedin the Philippines if:

A. It was proved and allowed in accordance with the laws of such foreign

country.B. The will was executed in the Philippines.C. The will was executed in such foreign country.D. None of the above.

145. Which is not correct? A special administrator has the power to:

A. Commence and maintain suits as administrator.B. Take possession of the estate of the deceased.C. Sell any property of the estate without court authority.D. Pay the debts of the deceased upon order of the court.

146. The actions, which may be filed against an executor oradministrator, do not include:

A. recovery of real or personal property from the estate.B. recovery of an interest in such property.C. enforcement of a lien on such property.D. recovery of a loan evidenced by a promissory note signed by the

decedent.

147. The period of appeal from an order in a special proceeding is:

A. 15 days from notice, if no motion for reconsideration is filed.B. 15 days from notice of denial of a motion for reconsideration.C. 30 days from noticeD. none of the above.

148. A holographic will which is contested may be allowed when itsauthenticity is proven by:

A. one (1) witness who saw the testator write and sign itB. two (2) witnesses who saw the signing thereofC. three (3) witnesses who declare that they saw the testator sign itD. three (3) witnesses who know the handwriting of the testator explicitly

declare that the will and the signature thereon are in the handwriting ofthe testator

149. One of those actions cannot be brought against an executor oradministrator:

A. To recover real or personal property from the estate of the decedentB. To enforce a lieu or such real or personal properties.


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C. To recover damages for an injury to person or propertyD. To recover money, debt or interest therein from the estate of the

decedent.

150. A probate court can:

A. issue writs of execution in all cases.B. not issue a writ of execution in any case.C. issue a writ of execution in only three (3) instances.

PART II. ESSAY

1. In a petition with Cavite RTC for the removal of parental authority ofthe natural parents of a minor, the grandparents were appointed asguardians ad litem. Thereafter, the natural mother filed in Makati

RTC a petition for habeas corpus for the custody of the minor. Willthe petition prosper?

A: No. Makati RTC cannot entertain the habeas corpus petition because it willinterfere with the jurisdiction of a co-equal and coordinate court, that is, withthe Cavite RTC and the designation by the latter of the grandparents asguardians ad litem. Besides, the writ should not issue because the minor islawfully in the custody of his grandparents by virtue of a court order.

2. In intestate proceedings of X, deceased, the court appointed Y, hisbrother, as administrator. Two months later, Z, the only legitimateson of X, petition the court to appoint him as administrator on theground that he is Xs only heir. How should the court resolve Xspetition?

A: Court should deny Zs petition. There is no ground for the removal of Y asadministrator. The fact that Z is the only heir is not one of the groundsprovided for by rule 82 ROC.

3. Is an extrajudicial partition among a deceased intestates heirsvoided upon discovery of the existence at the time of an unpaidestate debt?

A: No. The unpaid creditors remedy is to ask for administration within the 2year period.

4. What is it that a regular administrator can do which a specialadministrator cannot?

A: A special administrator cannot pay estate debts unless so ordered by thecourt and he may sell only such perishable and other estate property as thecourt orders sold.


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5. X filed a claim in the intestate proceedings of D. Ds administratordenied liability and counterclaimed against X. Xs claim wasdisallowed.Does the probate court still have jurisdiction to allow theclaim of Ds administrator by way of offset?

A: Yes. A creditor who presents claim against an estate submits himself tothe jurisdiction of the probate court, and the circumstance that his claim isdisallowed does not affect the probate courts jurisdiction to allow set offagainst him.

6. A was married twice, having had 4 children by his first marriage and2 by his second. One of his children by the first marriage institutedin the RTC proceedings to place under guardianship the property ofhis father. The petition was grounded on the latters allegedincapacity to manage and direct his financial affairs due todeterioration of his mental faculties on account of illness andadvanced age. The petitioner caused the annotation of lispendens to

be made on the titles to the real properties of his father and hissecond wife. Is the annotation proper?

A:Yes. A notice of lispendens may be proper in a guardianship case so as togive constructive notice to all parties who may deal with the propertyregistered in the name of A that his capacity to create any encumbrance ormake any disposition of said property was suspect and was precisely subjectof inquiry in the guardianship proceedings.

7. Escheat proceedings were initiated praying that the estate of D,deceased, be escheated in favor of the petitioning municipality. Anopposition was filed by H, claiming to be a daughter and thereforean heir of D. Assuming that, after due hearing at which H presentsevidence which to the court indubitably establishes her heirship, canthe court deny the escheat petition, declare H to be Ds sole heirand award the entire estate to her?

A: No. The court acquired jurisdiction to hear the petition for escheat byvirtue of the publication of this petition. The jurisdiction acquired cannot beconverted into one for the distribution of Ds estate for which the properpetition must be filed and the proper parties notified. Hence, the court has no

jurisdiction to distribute and award the estate to H in the escheatproceedings.

8. X filed a motion in the guardianship proceedings of W, theincompetent ward, to recover title and possession to a parcel ofland in the possession of the guardian for the ward. How should theguardianship court resolve Xs motion?

A: Xs motion should be denied. Guardianship proceedings are concernedsolely with the wards care and custody and the proper administration ormanagement of his properties. Conflicts regarding ownership or title to


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property in the hands of the guardian, in his capacity as such, should belitigated in a separate proceeding.

9. May a probate court issue a writ of execution for the payment ofestate debts?

A: Only if the heirs, devisees and legatees have entered into possession oftheir respective portions in the estate prior to payment of debts andexpenses of administration, in which case the probate court may order theheirs, devisees and legatees to contribute to the payment and may issueexecution if circumstances require. Otherwise, the proper procedure is forthe probate court to order the sale or mortgage of estate property from theproceeds of which the debts shall be paid.

10. Where the deceased died intestate and left no debts, isextrajudicial settlement of his estate among his heirs their onlyoption for settling it?

A: No. The heirs can opt for judicial partition under rule 69. Unless necessarybecause they cannot agree as to the composition of the estate,administration proceedings cannot be resorted to.

11. Can a special administrator be sued by an unsecured creditorof the deceased?

A: Yes. There is no prohibition against making this special administrator adefendant in a suit against the estate. Otherwise, the statute of limitationswould run against the creditor where the appointment of a regularadministrator is delayed.

12. A is appointed administrator of his deceased wife.Subsequently, a will of the wife is discovered in which B is namedexecutor. So, the court removed A and appointed B as executor. Iscourt correct?

A: No. Letters testamentary can be issued to a person named as executor ina will only after such will had been admitted to probate under rule 76, section4.

13. Is there any way for a creditor who has failed to file his claimwithin the period allowed by the statute of non-claims, to realize onhis claim?

A:Yes, the creditor may set forth his claim as a counterclaim in any action anadministrator or executor may bring against him.

14. Does the statute of non-claims supersede the statute oflimitations?


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A: Insofar as claims against the estates of deceased persons are concerned,the statute of non-claims supersedes the statute of limitations. Hence, if adebtor dies, his creditors must present their claims, whether the same bedue, not due or contingent, in the settlement proceeding of the estate of thedeceased debtor within the time provided in the statute of non-claims, or thesame shall be barred forever.

15. What is escheat proceeding?

A:This is a proceeding whereby the real and personal property of a deceasedperson in the Philippines who dies without leaving any will or legal heirs,becomes the property of the State upon his death.

16. Does a petition to probate a will prescribe?

A: Never. Requirement of probate is not for benefit of heirs but to effectuatethe public policy that the testators devolutionary wishes be respected.Presentation of a will for probate is more of a duty than a right. Moreover,

rule 76, section1 says that the petition for probate may be filed at anytimeafter the death of the testator.

17. Is execution a proper remedy to enforce a money judgmentagainst the deceased?

A: No. The proper procedure is for the claimant to file a claim against theestate of the deceased where the judgment debtor dies before levy onexecution his properties. Filing a claim against the estate is also the properprocedure for: 1.) Money claims arising from implied or express contracts,due or not due, or contingent contracted before the death of the decedent;2.) Funeral expenses; 3.) Expenses for the last sickness of the decedent.

18. When may an extension of the period for filing a belatedclaims be granted by the court?

A: The period prescribed in the notice to creditors is not exclusive. Moneyclaims against the estate may be allowed anytime before an order ofdistribution is entered at the discretion of the court and for cause and uponsuch terms as are equitable. This extension of the period shall not exceed 1month from the issuance of the order authorizing such extension.

19. What is the sole concern of the court in guardianship?

A: The court, in guardianship proceedings, is solely concerned with thewards custody and proper administration of his properties. Conflictsregarding ownership or title to property in the hands of a guardian, in hiscapacity as such, should be litigated in a separate proceeding.

20. To what guardianship shall extend?


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A: A guardian appointed shall have the care and custody of the person of hisward and the management of his estate or the management of the estateonly as the case may be. The guardian of the estate of a non-resident shallhave the management of all the estate of the ward within the Philippines, andno court other than that in which such guardian was appointed shall have

jurisdiction over the guardianship.

21. If the decedent is an inhabitant of the Philippines at the time

of his death, whether resident or alien, where will his will be proved

or letters of administration be settled or granted?

A: Section 1 of Rule 73 states that if the decedent is an inhabitant of the

Philippines at the time of his death, whether a citizen or an alien, his will shall

be proved, or letters of administration granted, and his estate settled, in the

court of first instance in the province which he resides at the time of his

death, and if he is an inhabitant of a foreign country, the Court of First

Instance of any province in which he had estate. The court first takingcognizance of the settlement of the estate of the decedent, shall exercise

jurisdiction to the exclusion of all other courts.

22. X died in 2006 and on the same year, an extrajudicial

settlement of the estate of the deceased under Rule 74 was made by

his heirs, it appearing that he had no indebtedness. In 2009, K filed

a claim against the estate of the deceased, claiming that he had no

knowledge of the settlement. Will K pursue his claim?

A: K may still pursue his claim. The 2 year prescriptive period applies only

against parties who had taken part in the extrajudicial proceedings, but not

against third persons not parties to it. There is nothing in Section 4, Rule 74,

or in its source, which shows clearly a statute of limitations and a bar of

action against third persons.

23. What are the jurisdictional facts that need to be alleged in the

petition for the allowance of the will?

A:

a. Fact of the death of the decedent.

b. His residence at the time of his death in the province where theprobate court is sitting.

c. If he is an inhabitant of a foreign country, his leaving his estate in such

province where the probate court is sitting.

24. What are the remedies of aggrieved parties after extra-judicialsettlement of estate?


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A:a. The creditor may ask for administration of enough property of the estate

sufficient to pay the debt, but the heirs cannot prevent suchadministration by paying the obligation (McMicking vs. Sy Conbieng, 21Phil. 211)

b. Where the estate has been summarily settled, the unpaid creditor may,within the two-year period, file a motion in the court wherein suchsummary settlement was had for the payment of his credit. After the lapseof the two-year period, an ordinary action may be instituted against thedistributees within the statute of limitations, but not against the bond.

c. The action to annul a deed of extrajudicial settlement on the ground offraud should be filed within four years from the discovery of thefraud (Gerona vs. De Guzman, L-19060, May 29, 1964).

25. Which court has jurisdiction over judicial settlement of estate?

A:a. If the decedent is an inhabitant of the Philippines at the time of his death,

whether a citizen of an alien, his will shall be proved, or letters ofadministration granted, and his estate settled, in the RTC in the provincein which he resides at the time of his death, and if he is an inhabitant of aforeign country, the RTC of any province in which he had his estate. Thecourt first taking cognizance of the settlement of the estate of a decedent,shall exercise jurisdiction to the exclusion of all other courts (Sec. 1).

b. Under RA 7691, the law expanding the jurisdiction of the inferior courts,MTC, MeTC and MCTC shall exercise exclusive original jurisdiction over

probate proceedings, testate and intestate, where the value of the estatedoes not exceed P200,000 (outside Metro Manila) or where such estatedoes not exceed P400,000 (in Metro Manila).

c. The jurisdiction of the RTC is limited to the settlement and adjudication ofproperties of the deceased and cannot extend to collateral matters.

26. What determines the proper venue in a judicial settlement of estate?

A:

a. The residence of the decedent at the time of his death is determinative ofthe venue of the proceeding. If he was a resident (inhabitant) of thePhilippines, venue is laid exclusively in the province of his residence, the

jurisdiction being vested in the Regional Trial Court thereof. Residencemeans his personal, actual, or physical habitation, his actual residence orplace of abode.

b. It is only where the decedent was a nonresident of the Philippines at thetime of his death that venue lies in any province in which he had estate,


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and then CFI thereof first taking cognizance of the proceeding forsettlement acquires jurisdiction to the exclusion of other courts. Thequestion of residence is determinative only of the venue and does notaffect the jurisdiction of the court. Hence, the institution of the proceedingin the province wherein the decedent neither had residence nor estatedoes not vitiate the action of the probate court.

c. Where the proceedings were instituted in two courts and the question ofvenue is seasonably raised, the court in which the proceeding was firstfiled has exclusive jurisdiction to resolve the issue (De Borja vs. Tan, 97Phil. 872).

27. What is the extent of jurisdiction by the Probate Court?

A:

a. The main function of a probate court is to settle and liquidate the estates

of deceased person either summarily or through the process ofadministration. The RTC acting as a probate court exercises but limited

jurisdiction, thus it has no power to take cognizance of and determine theissue of title to property claimed by a third person adversely to thedecedent unless the claimant and all other parties have legal interest inthe property consent, expressly or impliedly, to the submission of thequestion to the probate court. In that case, if the probate court allows theintroduction of evidence on ownership it is for the sole purpose ofdetermining whether the subject properties should be included in theinventory, which is within the probate courts competence. Thedetermination is only provisional subject to a proper action at the RTC in aseparate action to resolve the title.

b. The jurisdiction of the probate court merely relates to matters having todo with the settlement of the estate and the probate of wills, theappointment and removal of administrators, executors, guardians andtrustees. The question of ownership is, as a rule, an extraneous matterwhich the probate court cannot resolve with finality (Intestate Estate ofIsmael Reyes, Heirs of Reyes vs. Reyes, GR 139587, Nov. 2, 2000).

28. What are the Powers and Duties of a Probate Court?

A:

a. In probate proceedings, the court:

i. Orders the probate of the will of the decedent (Sec. 3, Rule 77);

ii. Grants letters of administration of the party best entitled thereto or toany qualified applicant (Sec. 5, Rule 79);

iii. Supervises and controls all acts of administration;

iv. Hears and approves claims against the estate of the deceased (Sec.11, Rule 86);


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v. Orders payment of lawful debts (Sec. 11, Rule 88);

vi. Authorizes sale, mortgage or any encumbrance of real estate (Sec. 2,Rule 89);

vii. Directs the delivery of the estate to those entitled thereto (Sec. 1, Rule90);

viii. Issue warrants and processes necessary to compel theattendance of witnesses or to carry into effect their orders and

judgments, and all other powers granted them by law (Sec. 3, Rule 73);

ix. If a person defies a probate order, it may issue a warrant for theapprehension and imprisonment of such person until he performs suchorder or judgment, or is released (Sec. 3, Rule 73).

b. The court acts as trustee, and as such, should jealously guard the estateand see to it that it is wisely and economically administered, notdissipated (Timbol vs. Cano, 111 Phil. 923).

29. What is a Summary Settlement of Estates? (Rule 74)

A:Summary settlement of estate is a judicial proceeding wherein, without theappointment of executor or administrator, and without delay, the competentcourt summarily proceeds to value the estate of the decedent; ascertain hisdebts and order payment thereof; allow his will if any; declare his heirs,devisee and legatees; and distribute his net estate among his known heirs,devisees, and legatees, who shall thereupon be entitled to receive and enterinto the possession of the parts of the estate so awarded to them,respectively (Sec. 2).

30. What is extrajudicial settlement by agreement between heirs andwhen is it allowed?

A:

a. If the decedent left no will and no debts and the heirs are all of age, or theminors are represented by their judicial or legal representatives dulyauthorized for the purpose, the parties may, without securing letters ofadministration, divide the estate among themselves as they see fit bymeans of a public instrument filed in the office of the register of deeds,and should they disagree, they may do so in an ordinary action ofpartition. If there is only one heir, he may adjudicate to himself the entireestate by means of an affidavit filed in the office of the register of deeds.

The parties to an extrajudicial settlement, whether by public instrument or

by stipulation in a pending action for partition, or the sole heir whoadjudicates the entire estate to himself by means of an affidavit shall file,simultaneously with and as a condition precedent to the filing of the publicinstrument, or stipulation in the action for partition, or of the affidavit inthe office of the register of deeds, a bond with the said register of deeds,in an amount equivalent to the value of the personal property involved ascertified to under oath by the parties concerned and conditioned upon thepayment of any just claim that may be filed under section 4 of this rule. It


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shall be presumed that the decedent left no debts if no creditor files apetition for letters of administration within two (2) years after the death ofthe decedent.

The fact of the extrajudicial settlement or administration shall bepublished in a newspaper of general circulation in the manner provided in

the next succeeding section; but no extrajudicial settlement shall bebinding upon any person who has not participated therein or had nonotice thereof(Sec. 1).

b. Extrajudicial partition of the estate shall be valid when the followingconditions concur:

i. The decedent left no will;

ii. The decedent left no debts, or if there were debts left, all had beenpaid;

iii. The heirs are all of age or if they are minors, the latter are representedby their judicial guardian or legal representative;

iv. The partition was made by means of a public instrument or affidavitduly filed with the Register of Deeds; and

v. The fact of the extrajudicial settlement or administration shall bepublished in a newspaper of general circulation.

31. What is the two-year prescriptive period?

A:a. It shall be presumed that the decedent left no debts if no creditor files a

petition for letters of administration within two (2) years after the death ofthe decedent (Sec. 1).

b. If it shall appear at any time within two (2) years after the settlement anddistribution of an estate in accordance with the provisions of either of thefirst two sections of this rule, that an heir or other person has been undulydeprived of his lawful participation in the estate, such heir or such otherperson may compel the settlement of the estate in the courts in themanner hereinafter provided for the purpose of satisfying such lawfulparticipation. And if within the same time of two (2) years, it shall appearthat there are debts outstanding against the estate which have not beenpaid, or that an heir or other person has been unduly deprived of his

lawful participation payable in money, the court having jurisdiction of theestate may, by order for that purpose, after hearing, settle the amount ofsuch debts or lawful participation and order how much and in whatmanner each distributee shall contribute in the payment thereof, and mayissue execution, if circumstances require, against the bond provided in thepreceding section or against the real estate belonging to the deceased, orboth. Such bond and such real estate shall remain charged with a liabilityto creditors, heirs, or other persons for the full period of two (2) years


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after such distribution, notwithstanding any transfers of real estate thatmay have been made. (Sec. 4)

32. What do you mean by an affidavit of Self-adjudication by sole heir?

A: If there is only one heir, he may adjudicate to himself the entire estate bymeans of an affidavit filed in the office of the register of deeds (Sec. 1).

33. What is a Summary settlement of estates of small value and when isit allowed?

A:a. Whenever the gross value of the estate of a deceased person, whether he

died testate or intestate, does not exceed ten thousand pesos, and thatfact is made to appear to the Court of First Instance having jurisdiction ofthe estate by the petition of an interested person and upon hearing, whichshall be held not less than (1) month nor more than three (3) months from

the date of the last publication of a notice which shall be published once aweek for three (3) consecutive weeks in a newspaper of generalcirculation in the province, and after such other notice to interestedpersons as the court may direct, the court may proceed summarily,without the appointment of an executor or administrator, and withoutdelay, to grant, if proper, allowance of the will, if any there be, todetermine who are the persons legally entitled to participate in the estate,and to appor

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