RULE 73 Venue and Process

Question 1

are grandchildren entitled to provisional support during liquidation?

Answer 1

No.

Question 2

Lacson vs Reyes

Answer 2

executora who are also lawyers cannot charge professional fees againsts the estate

Question 3

When is an executor or administrator required to render an accounting?

Answer 3

Every executor or administrator shall render an account of his administration within one (1) year from the time of receiving letters testamentary or of administration, unless the court otherwise directs because of extensions of time for presenting claims against, or paying the debts of, the estate, or for disposing of the estate; and he shall render such further accounts as the court may require until the estate is wholly settled.

Question 4

What is being established in a special proceeding for the settlement of estate?

Answer 4

In a special proceeding for the settlement of estate, petitioner merely seek to establish a status, a right or particular fact. The fact of death, to be recognized as heirs of the deceased so that they could validly exercise their right to participate in the settlement and liquidation of the estate of the decedent consistent with the limited and special jurisdiction of the probate court

Question 5

ToF. The mere discovery of a document purporting to be the last will and testament of the decedent after appointment of an administrator and assumption that the decedent died intestate ipso facto nullify the letters of administration already issued

Answer 5

False. The mere discovery, however, of a document purporting to be the last will and testament of the decedent after appointment of an administrator and assumption that the decedent died intestate does not, however, ipso facto nullify the letters of administration already issued or even authorize their revocation until the Will has been proved and allowe

Question 6

What is the jurisdiction of the MTC?

Answer 6

Where the amount does not exceed 2M

Question 7

Where shall decedents estate be settled?

Answer 7

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 in 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 prov­ ince in which he had estate. The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. The jurisdic­ tion assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when the want of ju­ risdiction appears on the record.

Question 8

What is the meaning of the term residence in determination of venue?

Answer 8

It signifies physical presence in a place and actual stay thereat. Residence simply requires bodily presence as an inhabit­ ant in a given place, while domicile required bodily presence in that particular place and also an intention to make it one’s domicile. No particular length of time of residence is required though; however, the residence must be more than temporary.15

Question 9

What are the powers and duties of a probate court?

Answer 9

In probate proceedings, the court:
1. orders the probate of the will of the decedent;
2. grants letters of administration of the party best entitled thereto or to any qualified applicant;
3. supervises and con­trols all acts of administration;
4. hears and approves claims against the estate of the deceased;
5. orders payment of lawful debts;
6. au­thorizes sale, mortgage or any encumbrance of real estate;
7. directs delivery of the estate to those entitled thereto

Question 10

Does a probate court have jurisdiction to adjudicate title?

Answer 10

No. The court in charge of the intestate proceedings cannot adjudi­cate or determine title to properties claimed to be a part of the estate and which are equally claimed to belong to outside parties

The trial court sitting as a probate court, has limited and spe­cial jurisdiction, and cannot hear and dispose of collateral matters and issues which may be properly threshed out only in an ordinary action

Question 11

True or false. The intestate court may pass upon the title to a certain prop­erty and this is final and executory.

Answer 11

False. The question of ownership is as a rule, an extraneous matter which the Probate Court cannot resolve with finality. Thus, for the purpose of determining whether a certain property should or should not be included in the inventory of estate proceeding, the probate court may pass upon the title thereto, but such determination is provisional, not conclusive, and is subject to the final decision in a separate action to resolve title

Question 12

True or false. The intestate court may pass upon the title to a certain prop­erty and this is final and executory.

Answer 12

False. The question of ownership is as a rule, an extraneous matter which the Probate Court cannot resolve with finality. Thus, for the purpose of determining whether a certain property should or should not be included in the inventory of estate proceeding, the probate court may pass upon the title thereto, but such determination is provisional, not conclusive, and is subject to the final decision in a separate action to resolve title

Question 13

True or false.. The Purchaser of property under administration is a Forced Intervenor in the intestate proceeding.

Answer 13

True

Question 14

ToF. The probate Court may make pronouncements regarding the existence or non-existence of encumbrances or to cancel a mortgage on real property in its order approving the sale of the estate under administration.

Answer 14

False. A probate court cannot adjudi­cate or determine title to properties claimed to be part of the estate and which are equally claimed to belong to third parties. (Jurisprudence) i

(e) Stated otherwise, “claims for title to, or right of posses­ sion of, personal or real property, made by the heirs themselves, by title adverse to that of the deceased, or made by third persons, cannot be entertained by the (probate) court.”62

Question 15

True or false. An order of inclusion or exclusion of properties is a final order.

Answer 15

False. An order to include properties in inventory is merely provisional
and interlocutory.

In compliance with this duty the court has also inherent power to determine what properties, rights and credits of the deceased should be included in or excluded from the inventory

Question 16

True or false. An order of inclusion or exclusion of properties is a final order.

Answer 16

False. An order to include properties in inventory is merely provisional
and interlocutory.

In compliance with this duty the court has also inherent power to determine what properties, rights and credits of the deceased should be included in or excluded from the inventory

Question 17

What are the exceptions to probate courts limited jurisdiction?

Answer 17

although generally, a probate court may not decide a question of title or ownership, yet 1) if the interested parties are all heirs, or 2) the question is one of collation or advancement, or 3) the parties consent to the assumption of jurisdic­tion by the probate court and the rights of third parties are not impaired, then the probate court is competent to decide the question of ownership

Question 18

True or False. A separate action for the declaration of heirs is allowed

Answer 18

False. A judicial declaration that a certain person is the only heir of the decedent is exclusively within the range of the administration proceedings and cannot properly be made an independent action.

A separate action for the declaration of heirs is not prope

Question 19

ToF. The probate court has jurisdiction to award Attorney’s fee.

Answer 19

True. the application to fix attorney’s fees may be made before and passed upon by the probate court in the same proceedings where attorney’s services were rendere

Question 20

Does the MTC have jurisdiction over settlement of estate?

Answer 20

YES.
Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P2,000,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P400,000.00) exclusive of interest damages of whatever kind, attorney’s fees, litigation expenses, and costs (Section 33, BP, 129).

Question 21

May a motion to dismiss for improper venue be filed in settlement of estate?

Answer 21

IT DEPENDS.
If improper venue is apparent on the face of the Petition, then a motion to dismiss may be filed, otherwise, it may only be questioned in an appeal from the court in original case.
Please take NOTE:
 “The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall 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 record” (Section 1, Rule 73).