Rem Special Procedure R72 - R109 Flashcards
Special Proceeding
Rule 72 - Subject matter & Applicability of Rules
Define special proceeding.
Give other special proceedings under special rules.
Special Proceeding
Rule 72 - Subject matter & Applicability of Rules
Are the rules for ordinary civil actions apply in Special Proceedings? explain
Special Proceeding
Rule 73 - Settlement of Estate of Deceased Persons
Venue & Process
If decedent was
A. Inhabitant of Philippines at time of death
B. Inhabitant of Foreign Country at time of death
C. Married but marriage is dissolved
A & B.
File in RTC - in all matters of probate, both testate or intestate, where gross value of estate >100K or in MM where gv of Estate >200K
File in MTC - same as above but is 100K & below, 200K & below
C.
A creditor collecting money from spouses when one of them dies, cannot be brought as an ordinary action, instead there should be a CLAIM AGAINST the ESTATE.
But if there is no SETTLEMENT PROCEEDINGS instituted by the surviving spouse, the remedy of this creditor is to FILE a a) PETITION for Letters of Administration or b) PROBATE OF THE WILL OF Deceased spouse if there is any.
Note:
A petition for letters of administration is a legal document filed with the probate court to request the appointment of an administrator to manage the estate of a deceased person when there is a) no valid will (intestate succession) or b) when the appointed executor is unable or unwilling to serve.
Special Proceeding
Rule 73 - Settlement of Estate of Deceased Persons
Venue & Process
What is the jurisdiction of Probate or Intestate Court?
General Rule: Special and Limited Jurisdiction
Exceptions
Special Proceeding
Rule 74 - Summary Settlement of Estates
State the procedure & rules for the following:
A. Extrajudicial settlement
How: By agreement of Heirs & Affidavit of Self-adjudication
B. Summary Settlement of Estates of Small Value
Special Proceeding
Rule 74 - Summary Settlement of Estates
What are the Conditions in Extrajudicial settlement by Agreement of heirs?
What is the presumption if there is no creditor filing a petition for letters of administration within 2 years from death of decedent?
Special Proceeding
Rule 74 - Summary Settlement of Estates
What is the Liability of distributees and estate?
Special Proceeding
Rule 74 - Summary Settlement of Estates
Explain the 2 year lien rule
What is the period relevant to the claim of minor or incapacitated person?
Special Proceeding
PROBATE OF A WILL
Rule 75 - Production of Will; Allowance of Will Necessary
Rule 76 - Allowance or Disallowance of Will
Rule 77 - Allowance of Will Proved Outside of Philippines
Special Proceeding
PROBATE OF A WILL
Rule 75 - Production of Will; Allowance of Will Necessary
What is the rule?
Special Proceeding
PROBATE OF A WILL
Rule 75 - Production of Will; Allowance of Will Necessary
What the executor needs to do?
Special Proceeding
PROBATE OF A WILL
Rule 75 - Production of Will; Allowance of Will Necessary
What the court may do?
Special Proceeding
PROBATE OF A WILL
Rule 76 - Allowance or Disallowance of Will
Who may petition for this?
Special Proceeding
PROBATE OF A WILL
Rule 76 - Allowance or Disallowance of Will
What are the contents of this petition?
Explain the procedure.
Special Proceeding
PROBATE OF A WILL
Rule 76 - Allowance or Disallowance of Will
What is the proof required?
a) What if the will is Uncontested?
b) What if the will is Contested?
c) What if the will is lost or destroyed?
Special Proceeding
PROBATE OF A WILL
Rule 76 - Allowance or Disallowance of Will
What are the grounds for disallowing a will?
Special Proceeding
PROBATE OF A WILL
Rule 76 - Allowance or Disallowance of Will
What are the actions of the court for this petition?
Special Proceeding
PROBATE OF A WILL
Rule 77 - Allowance of Will Proved OUTSIDE of Philippines
State the rule.
What are the requirements for this petition?
Special Proceeding
PROBATE OF A WILL
Rule 77 - Allowance of Will Proved OUTSIDE of Philippines
State the rule.
What are the actions of the court for this petition?
What is the effect if its allowed?
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 78 - When & to Whom issued
Who are incompetent to serve as executors or administrators?
Can married woman serve?
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 78 - When & to Whom issued
What is the court action when a Will has been proved and ALLOWED?
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 78 - When & to Whom issued
What is the effect when some co-executors were disqualified?
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 78 - When & to Whom issued
What is the remedy if you oppose the issuance of Letters Testamentary?
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 78 - When & to Whom issued
Who may be Issued LETTERS of ADMINISTRATION and when?
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 79 - Petition for LETTTERS of ADMINISTRATION
What are the contents of this petition?
What is the procedure for this proceeding?
Special Proceeding
Rule 80 - Special Administrator
When is he appointed? on what instances
What are the powers and duties?
When powers Cease? Duty
Special Proceeding
Rule 81 - Bonds of Executors and Administrators
What are the conditions of this bond?
Joint bond from Executors and Administrators - explain
Special Administrator - Giving a bond
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 82 - Termination of Administration
State the rules on termination
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 83 - Inventory
Duty of Executor Administrator to report Inventory and Appraisal - rule
Special Proceeding
LETTERS TESTAMENTARY &
LETTERS ADMINISTRATION
Rule 83 - Inventory
Allowance for the widow and family of the deceased ( from property of estate of deceased) - rule
Special Proceeding
Rule 84 - General Powers and Duties of Executors and Administrators
What are the powers and duties?
Special Proceeding
Rule 85 - Accountability and Compensation of Executors and Administrators
As to their Accountability (liability) - what is the general rule?
Executor and Administrators are entitled to?
Special Proceeding
CLAIMS AGAINST THE ESTATE
Rule 86 - Claims against the Estate (Actions which do NOT SURVIVE Death)
What are the claims which must be filed against the Estate?
What is the period for this proceeding?
What is the procedure
Special Proceeding
CLAIMS AGAINST THE ESTATE
Rule 86 - Claims against the Estate (Actions which do NOT SURVIVE Death)
Where the obligation of the decedent is SOLIDARY with another debtor - what is the rule?
Special Proceeding
Rule 73 - 90 ESTATE PROCEEDINGS
Special Proceeding
CLAIMS AGAINST THE ESTATE
Rule 87 - Actions by and against Executors and Administrators (Actions Which SURVIVE DEATH)
What actions may be brought against executor or administrator?
When can an administrator or executor bring an action which survive?
Special Proceeding
CLAIMS AGAINST THE ESTATE
Rule 86 - Claims against the Estate (Actions which do NOT SURVIVE Death)
Explain these rules
a) Heirs may not sue until share assigned
b) Executor or administrator may compound with debtor
c) Mortgage due may be foreclosed
d) Proceedings when property concealed or fraudulently conveyed
e) Person entrusted with estate compelled to render account
f) Embezzlement before letters issued
f) Property fraudulently conveyed by deceased may be recovered; When can executor or administrator bring an action
f) When can the creditor bring an action
