SPECIAL PROCEEDINGS

PART I. MCQ

1. When may the court issue notices to creditors to file their claims? A. B. C. D. Immediately after granting letters testamentary or of administration. Immediately before granting letters testamentary or of administration. After granting letters testamentary or of administration. Before granting letters testamentary or of administration.

2. This refers to any debt or pecuniary demand against the decedents estate. A. B. C. D. Money Claim Inheritance Taxes

3. This is the period fixed by the rule for the filing of the claims against the estate. A. B. C. D. Statute of Frauds Statute of Limitations Statute of Non-Claims 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. B. C. D. Statute of Non-Claims Debts Tax refund Belated claims

6. The following are claims which should be filed under the Statute of Non-Claims, except: A. Money claims, debts incurred by deceased during his lifetime arising from contract. B. Claims for funeral expenses

C. For the illness of the decedent D. Unpaid taxes 7. This is a conditional claim or claim that is subject to the happening of a future uncertain event. A. B. C. D. Absolute Claim Contingent Claim Money Claim Statute of Non-Claim

8. In what instance where the court may appoint a special administrator? A. If the executor represents. B. If the executor C. If the executor D. If the executor or administrator has a claim against the estate he or administrator died. or administrator failed to perform his obligations. or administrator left the country.

9. What is the remedy in order to satisfy debts of the estate? A. B. C. D. Writ of execution Sale or mortgage of the properties of the decedent Lien Criminal action

10. These are the actions which may be commenced directly against the executor or administrator, except: A. Action to recover real or personal property, or any interest therein from the 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 action for recovery of property fraudulently conveyed by the deceased, except: A. When there is a deficiency of assets in the hands of an executor or administrator for the payment of debts and expenses of administration. B. When the deceased conveyed property, right, interest, debt or credit that by law the conveyance would be void. liable to attachment by his creditors. C. When the conveyed property would be liable to attachment by any of his creditors in his lifetime. D. If the executor or administrator is unwilling or refuses to bring suit.

12. This refers to the determination of all assets of the estate and payment of all debts and expenses. A. B. C. D. Dissolution Liquidation Termination Partition

13. The order of distribution of the residue of the estate of the deceased shall be made after the following, except: A. B. C. D. E. 14. Payment of all debts Funeral expenses Expenses for administration Allowance of the widow and inheritance tax Payment of bond Which of the following statements are true:

A. The remedy of an heir entitled to the residue but has not received his share is to file a motion with the probate court for delivery to him of his share. B. The remedy of an heir entitled to the residue but has not received his share is to file a motion for reopening of the proceeding, within the prescriptive 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 court cannot issue writs of execution, except: A. To satisfy the contributive share of the devisees, legatees and heirs when the 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 of a deceased person in the Philippines who dies without leaving any will or legal heirs, becomes the property of the State upon his death. A. B. C. D. 17. Escheat proceeding Special proceeding Probate proceeding Distribution and partition proceeding Who files escheat proceedings?

A. B. C. D.

Solicitor General or his representative in behalf of the Philippines Ombudsman Prosecutor DENR

18. What is the basis of the States right to receive property in escheat? A. B. C. D. Donation Occupation Order of succession Intellectual creation

19. These are requisites for filing of petition for escheats, except: A. B. C. D. That That That That a person left the Philippines and permanently lives abroad. a person died intestate. he left no heirs or persons by law entitled to the same. the deceased left properties.

20. One of the following is the respondents remedy against petition for escheats. A. B. C. D. 21. A. B. C. D. Motion Motion Motion Motion to dismiss to quash for new trial for bill of particulars

What is the period for filing a claim in escheat proceeding? 10 years from the date of judgment. 5 years from the date of judgment. 3 years from the date of judgment. 4 years from the date of judgment.

22. It refers to the power of protective authority given by law and imposed on an individual who is free and in enjoyment of his rights over one whose weakness on account of his age or other infirmity renders him unable to protect himself. A. B. C. D. Guardianship ParensPatriae Adoption Trusteeship

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

A. B. C. D.

Guardian Trustee Adopter 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 the management 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 possession or knowledge or to the possession or knowledge of any other person for him. B. To faithfully execute the duties of his trust, to manage and dispose of the estate. C. To render a true and just account of all the estate of the ward in his hands. D. All of the above. 26. These are the grounds for removal of a guardian, except: A. B. C. D. 27. A. B. C. D. Insanity Incapability or unsuitability to discharge functions Mismanagement of the property of the ward Death of guardian The following are grounds for termination of guardianship: The ward has come of age. The ward has died. The guardian becomes insane. Only 1 and 2 are correct.

28. The following may apply for petition for guardianship, except: A. B. C. D. E. 29. Any relative Other person on behalf of a minor The minor himself if 14 years of age or over The Secretary of Social Welfare and Development All of the above What is the rule on guardianship over minor?

A. The father and mother shall jointly exercise legal guardianship over the person and property of their minor without the necessity of a court appointment. B. The father and mother shall jointly exercise legal guardianship over the person 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 minor are the following, except: A. When the income of estate is insufficient to maintain and educate ward when 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 his possession or knowledge. B. That he will manage and dispose of such estate and faithfully discharge his trust in relation thereto, according to law and the will of the testator or the 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 property in his hands and of the management of the property. D. That at the commencement of his trust he will settle his accounts in court and pay over and deliver all the estate remaining in his hands. 33. These are the requisites for removal or resignation of trustee , except: A. B. C. D. Petition filed by parties beneficially interested. Notice to trustee. Hearing Non-payment of bond

34. The grounds for removal or resignation of trustee are the following, except: A. B. C. D. E. 35. Removal appears essential in the interest of petitioners. Insanity Incapability of discharging trust. Unsuitability Death 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. B. C. D. Implied acceptance of trust Conditional acceptance of trust Resignation or a decline to accept the trust Waiver of trust

37. What is the remedy of a guardian from the order of removal from guardianship? A. B. C. D. 38. A. B. C. D. Motion for reconsideration Appeal Payment of bond Petition for review on certiorari These are the considerations in appointing guardians, except: Moral character Financial status Physical, mental and psychological condition 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)

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.

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. A. B. C. D. 47. If both parties have died, the conjugal partnership shall be: liquidated, partitioned and administered liquidated in special proceedings liquidated in the testate or intestate proceedings of either. dissolved automatically The Court may issue warrants and process necessary:

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 record 50. 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.

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 after its 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. B. C. D. Due execution of the will in accordance with the foreign laws The testator has his domicile in the Philippines The will has been admitted to probate in such country 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. B. C. D. 4 years 5 years 10 years 6 years

54. If a person presumed dead turned out to be alive, he shall be entitled to: A. B. C. D. no part in the estate as it was already probated the balance of his estate after payment of all his debts he cannot recover on any part of his estate 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 a public 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.

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

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 partition C. 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?

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 bond C. 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. B. C. D. Anytime if there is fraud. Within 2 years from the approval of the will by the probate court. Within 2 years from the settlement and distribution of the estate. 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 year prescriptive 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)

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 coheirs made a publication of the Extra Judicial Settlement. F and E however, other co-heirs later discovered the sale and refused to 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 an executor 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.

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. B. C. D. compel the settlement of the estate in courts file an action for partition collect the proportional amount due him 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. B. C. D. within two years only Within two years after the extra judicial settlement cannot claim anymore after expiration of the two year period after the expiration of the two year period, within one year after such disability 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 it C. 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

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. B. C. D. 71. A. B. C. D. within within within within 30 15 20 10 days days days days present present present present the the the the will will will will to to to to the the the the court court court court having having having having jurisdiction jurisdiction jurisdiction jurisdiction

After knowing that he is named executor in the will, he shall: signify signify signify signify to to to to the the the the court court court court in in in in writing writing writing writing his his his his acceptance acceptance acceptance acceptance or or or or refusal refusal refusal refusal within 20 days within 30 days within 15 days immediately

72. A person who neglects the duties required in notifying the court as an executor within the prescribed period shall: A. B. C. D. 73. be be be be fined at the courts discretion charged with contempt of court fined not exceeding two thousand pesos arrested without court order 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. A. B. C. D. Who may petition the probate of a will? executor devisee or legatee named in the will any other person with interest therein all of the above

75. A return of a writ of habeas corpus is considered prima facie evidence 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 of habeas corpus is directed: A. B. C. D. to the said private person. to an officer of the law. to any person designated by the court. 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 the notice of appeal with the clerk of court or judge who rendered the judgment within: A. B. C. D. 79. A. B. C. D. 15 days from notice of judgment. 30 days from notice of judgment. 5 days from notice of judgment. 48 hours from notice of judgment. Who may not grant a writ of habeas corpus? Any Regional Trial court judge The court of tax appeals or any members thereof The court of appeals or any member thereof The Supreme Court or any member thereof

80. Choose the judicial proceedings below in which a writ of habeas corpus cannot be availed of as consequence thereof A. Where there has been deprivation of a constitutional right resulting in the resistant of a person B. Where an excessive penalty has been imposed, as such sentence is void as to such excess.

C. Where the petitioner has been unable to establish by the evidence to be entitled 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 to his mother. Roy sought reconsideration but the court denied it. He filed a notice of appeal five days from receipt of the order denying his 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 granting the petition. B. No, since he filed it more than 2 days after receipt of the order denying his motion for reconsideration. C. Yes, since he filed it within 15 days from receipt of the denial of his motion for reconsideration. D. Yes, since he filed it within 7 days from receipt of the denial of his motion for reconsideration. 82. In which of the following instances is the quantum of evidence ERRONEOUSLY applied? A. B. C. D. in Writ of Amparo cases, substantial evidence. to satisfy the burden of proof in civil cases, preponderance of evidence. to overcome a disputable presumption, clear and convincing evidence. to rebut the presumptive validity of a notarial document, substantial evidence.

83. What is the right correlation between a criminal action and a petition 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 shall be 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 relative to his daughter Toni's involuntary disappearance. Alex said that Melba was Toni's employer, who, days before Toni disappeared, threatened to get rid of her at all costs. On the other hand, Melba countered that she had nothing to do with Toni's disappearance and that she took steps to ascertain Toni's whereabouts. What is the

quantum of evidence required to establish the parties' respective claims? A. B. C. D. For For For For Alex, probable cause; for Melba, substantial evidence. Alex, preponderance of evidence; for Melba, substantial evidence. Alex, proof beyond reasonable doubt; for Melba, ordinary diligence. both, substantial evidence.

85. The Regional Trial Court in which a petition for a Writ of Amparo is filed is the one which has jurisdiction over the: A. B. C. D. Place of residence of the respondent or any of the respondents. Place of residence of the aggrieved party only. Place of residence of the petitioner who is not aggrieved party. 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 orders may 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 for revocation of the adoption on May 1, 1998 on the ground that their nephew neglected them. Based on the Rules of Domestic Adoption, the judge must: A. B. C. D. advise A and B to just disinherit the nephew. disallow the revocation. refer the petition to the DSWD. grant the petition after hearing.

88. A judge of an MTC can hear and decide petitions for habeas corpus 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 defenses not raised in the return are deemed waived. Statement 2. When the respondent fails to file a return with respect to a petition for writ of amparo, the court, justice or judge shall decide in favor of the petitioner.

A. B. C. D.

Both statements are correct. Only Statement 1 is correct. Only Statement 2 is correct. Both statements are incorrect.

90. Statement 1. All legal ties between the biological parents and the adoptee shall be severed and the same shall then be vested on the adopter/s, except where the biological parent is the spouse of the adopter. Statement 2. Only the adoptee can rescind the decree of adoption. A. B. C. D. Both statements are correct. Only Statement 1 is correct. Only Statement 2 is correct. Both statements are incorrect.

91. Statement 1. In habeas corpus cases, the judgment in favor of the applicant may contain a provision for damages. Statement 2. To justify the grant of the petition for issuance of writ of habeas corpus, the illegal restraint of liberty may be nominal or moral. A. B. C. D. Both statements are correct. Only Statement 1 is correct. Only Statement 2 is correct. Both statements are incorrect.

92. What is the right correlation between a criminal action and a petition for Writ of Habeas Data both arising from the same set of facts? (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 the employer of husband, Romeo. The court denied the petition. Juliet filed a notice of appeal seven days from receipt of the order denying her motion for reconsideration. Did she file a timely notice of appeal?

A. No, since he filed it more than 5 working days after receipt of the decision granting the petition. B. No, since he filed it more than 5 working days after receipt of the order denying his motion for reconsideration. C. Yes, since he filed it within 15 working days from receipt of the denial of his motion for reconsideration. D. Yes, since he filed it within 7 working days from receipt of the denial of his motion for reconsideration. 94. Which statement(s) is / are true about the Writ of Habeas Data? A. It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission B. It is applicable in cases of extralegal killings and enforced disappearances C. The unlawful act or omission may be committed by a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party D. A & B only E. 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 Janes whereabouts. 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 of Habeas Data? A. only the aggrieved party because the right to privacy is a personal right B. the State in case of extralegal killings C. 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 of extralegal killings E. All of the above

97.

Petition for Writ of Habeas Data may be filed in any of the following, at the option of the petitioner, except: A. RTC where the petitioner or respondent resides B. RTC where the petitioner resides

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 the action 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, it shall be returnable before such court or judge. B. When issued by the Court of Appeals or the Sandiganbayan or any of its justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored. C. When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Court of Appeals or the Sandiganbayan or any of its justices, or to any Regional Trial Court of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored. D. All of the above E. None of the above

99.

A Writ of Habeas Data which is issued by a judge of Regional Trial Court shall be enforceable: A. B. C. D. E. anywhere in the Philippines at the place where the petitioner or respondent resides at the place where the court has jurisdiction at the place where the data or information is gathered, collected or stored None of the above

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

A. actual violation of aggrieved partys rights B. an actual or threatened violation of aggrieved partys rights
C. threatened violation of aggrieved partys rights D. All of the above E. None of the above

101. STATEMENT 1: No docket and other lawful fees shall be required from an indigent petitioner for a petition for writ of habeas data. STATEMENT 2: Unlike in a petition for writ of amparo, only indigent clients are exempted from paying docket and other lawful fees for a petition for writ of habeas data.

A. B. C. D. E.

Both statements are false. Both statements are true. Only statement 1 is true Only statement 2 is true. Both are neither true nor false.

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

A. For Writ of Amparo, summary hearing shall be conducted not later than 7 B.
days 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 For Writ of Amparo, summary hearing shall be conducted not later than 7 working days from the date of issuance of the writ while for Writ of Habeas Data, not later than 10 days from the date of the issuance of the writ Not later than 7 days from the date of issuance of both writs Within 10 days from date of issuance of the writs None of the above

C. D. E.

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

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

custody the prisoner is found B. The respondent C. The person to whom it is directed D. Private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party E. 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 punished for 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.

B. The manner the right to privacy is violated or threatened and how it affects the right to life, liberty or security of the aggrieved party. C. The actions and recourses taken by the petitioner to secure the data or information. 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 be served? A. B. C. D. E. 107. It shall be served within three (3) days from its issuance Immediately upon issuance of the writ Not later than ten (10) working days from the date of its issuance Within 48 hours upon issuance Not later than seven (7) working days from the date of issuance How should the Writ of Habeas Data be served?

A. The writ is served thru personal service or through substituted service if writ cannot be served personally B. If respondent is not found, it is served upon the person having custody of the person C. In any practical and fastest means D. A & B E. 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 AFP intelligence officers. A needs copies of AFP highly classified intelligence reports collected by Sgt. Santos who is from AFP. A can file his petition with: (2012 Bar Question) A. B. C. D. E. RTC where AFP is located; RTC where Sgt. Santos resides; Supreme Court; Court of Appeals. None of the above

109. Which of the following is not a Special Proceeding? (2012 Bar Question) A. B. C. D. E. Escheat; Change of First Name; Constitution of Family Home; None of the above Absentees;

110. The following are prohibited pleadings in filing petition for Writ of Habeas Data, except: A. Motion to dismiss B. Motion for extension of time to file opposition, affidavit, position paper and other pleadings C. Counterclaim or cross-claim D. Reply E. Petition for certiorari, mandamus or prohibition 111. Myrna filed a petition for Writ of Habeas Data and hearing of which proceeded afterwards. How long does the Court have in deciding the petition? A. B. C. D. E. Seven (7) working days Seven (7) days Ten (10) working days Ten (10) days Immediately

112. After the allegations in the petition by A were proven by

substantial evidence, Judge B issued an order for rectification of the erroneous data. Upon its finality, how soon should the judgment be enforced by the sheriff or any lawful officer? Five (5) working days Five (5) days Seven (7) working days Ten (10) days Ten (10) working days

A. B. C. D. E.

113. Upon finality of the order issued by the court in favor of Martin arising from his petition for Writ of Habeas Data, respondent Pops may appeal from the final judgment or order to the Supreme Court under Rule 45 within how many days? A. B. C. D. E. Five (5) working days Five (5) days Seven (7) working days Ten (10) days Ten (10) working days

114. Bimbol filed a Petition for Writ of Habeas Data against the AFP in

connection with threats to his life allegedly made by AFP intelligence officers. AFP, through Sgt. Roco, denied stating that he had knowledge whatsoever on the allegations of Bimbol. If you were the judge, will you allow Sgt. Rocos denial of the allegations? affect national security.

A. Yes, because AFP intelligence reports are confidential in nature that would

B. Yes, because confidentiality of information is a lawful defense C. 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 be
summary 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 a petition for the writ of Habeas Data, the latter shall be consolidated with the criminal action. Will filing of the writ subsequent to a criminal action result to a consolidation as well? A. No, because the proceeding in an Habeas Data petition is criminal in nature. B. No, because separate petition for the writ shall not be filed, but the reliefs under the writ shall be available motion in the criminal case. C. Yes, because filing of criminal action does not preclude filing of a separate petition. D. Yes, because when the criminal action is filed before the Habeas Data petition, 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 Court B. Court of Appeals C. Sandiganbayan D. Any of the above 118. In filing for petition for change of name, which court has the jurisdiction? A. RTC of the province where the petitioner has been residing for 3 years prior to the filing of the petition. B. RTC of the province where the petitioner has been residing for at leas a year prior to the filing of the petition. C. Local Civil Registrar of the province where the petitioner has been residing for 3 years prior to the filing of the petition. D. Local Civil Registrar of the province where the petitioner has been residing for 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

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) successive weeks in some newspaper of general circulation published in the province B. For three (3) successive weeks in some newspaper of general circulation published in the province C. At least three (3) successive weeks in some newspaper of general circulation published in the province D. 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) month after the last publication of the notice. B. Not within thirty (30) days prior to an election nor within six (6) months after the last publication of the notice. C. Within thirty (30) days after publication D. Anytime at the discretion of the Court 121. The following subject matters are covered by Rule 108 of the Rules of Court:

A. Change of first name due to clerical errors B. Change of nick name due to clerical errors C. Change or corrections in the civil entries of the judgments of annulments
of marriage D. Change of surname or full name E. None of the above 122.

The following subject matters are covered by RA 9048:

A. Change of first name due to clerical errors B. Change in the civil entries of the judgments of annulments of marriage
C. Change in the entries of Birth Certificate D. Change of surname or full name E. None of the above

123. This particular Rule or enactment requires the person desiring to change his name to file the petition: A. B. C. D. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above

124. This particular Rule or enactment requires summary proceeding: A. B. C. D. 125. A. B. C. D. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above This particular Rule or enactment requires judicial proceeding: Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above

126. This particular Rule or enactment requires administrative proceeding: A. B. C. D. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above

127. Nature of the proceeding under this particular Rule or enactment converts the proceeding from being summary in nature to an adversarial proceeding: A. B. C. D. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above

128. This particular Rule or enactment requires filing of a signed and verified petition: A. B. C. D. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above

129. In what legal form should you file when you make use of RA 9048 as your basis for change or correction of entries? A. Signed and verified petition: B. Verified petition C. Affidavit D. All of the above 130. The law (RA 9048) requires publication of Affidavit for correction first name due to clerical errors for:

A. For three (3) successive weeks in some newspaper of general circulation published in the province B. At least three (3) successive weeks in some newspaper of general circulation published in the province C. For two (2) consecutive weeks in some newspaper of general circulation D. Once a week for two (2) consecutive weeks in some newspaper of general circulation 131. This particular Rule or enactment requires posting of the petition in a conspicuous place for ten (10) consecutive days as part of the publication requirement: A. B. C. D. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 All of the above

132. It is the Civil Registrar who participates in behalf of the government whenever a petition is brought forth under this/these rule(s) or enactment: A. B. C. D. E. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 A&B B&C

133. Marian Kubeta filed a petition to change his first name "Marian." After the required publication but before any opposition could be received, he filed a notice of dismissal. The court confirmed the dismissal without prejudice. Five days later, he filed another 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 the case with prejudice. Is the dismissal with prejudice correct? (2011 Bar 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 a petition is brought forth under this/these rule(s) or enactment: A. Rule 103 of the Rules of Court

B. C. D. E.

Rule 108 of the Rules of Court RA 9048 A&B 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 have been publicly known by that name or nickname in the community? A. B. C. D. E. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 A&B B&C

136. The following are grounds for correction of name under Rule 103 of the Rules of Court, except: A. First Name or Nick name is ridiculous, tainted with dishonor, and extremely difficult to write or pronounce B. Consequence of change of status C. Necessity to avoid confusion D. Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage E. None of the above 137. STATEMENT 1: When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. STATEMENT 2: When cancellation or correction of an entry in the civil register is sought, the civil registrar shall be made parties to the proceeding. A. B. C. D. E. Both statements are false. Both statements are true. Only statement 1 is true Only statement 2 is true. Both are neither true nor false.

138. STATEMENT 1: The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto. STATEMENT 2: Any interested person may appear at the hearing and oppose the petition for change of name. The Solicitor General

or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic. A. B. C. D. E. Both statements are false. Both statements are true. Only statement 1 is true Only statement 2 is true. Both are neither true nor false.

139. Since Grade I, you have been using the first name Mariah but upon securing a copy of your Birth Certificate from NSO, you discovered that your first name is spelled out as Maria. You wish to continue using Mariah as your first name. Under what rule or law would you adopt to proceed with your petition? A. B. C. D. E. Rule 103 of the Rules of Court Rule 108 of the Rules of Court RA 9048 A&B B&C

140. How and where do you appeal for an unfavorable decision issued by the Local Civil Registrar for petition for correction of first name due to clerical errors? A. B. C. D. Court of Appeals via Rule 43 Civil Registrar General, then to Court of Appeals via Rule 43 Supreme Court via Rule 45 Supreme Court via Rule 65

141. How and where do you appeal for an unfavorable decision issued by the RTC for petition for change of name? A. B. C. D. 142. A. B. C. D. 143. Court of Appeals via Rule 43 Civil Registrar General, then to Court of Appeals via Rule 43 Supreme Court via Rule 45 Supreme Court via Rule 65 Which is correct? The allowance of a will is: not conclusive as to its due execution. conclusive as to its due execution. conclusive as to the validity of the dispositions made therein. not conclusive on anything. The petition for the allowance of a will may not be filed by:

A. the testator himself during his lifetime B. the executor C. the devisee/ legatee

D. a person who is not interested in the estate. 144. A will proved and allowed in a foreign country may be allowed in 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. A. B. C. D. Which is not correct? A special administrator has the power to: Commence and maintain suits as administrator. Take possession of the estate of the deceased. Sell any property of the estate without court authority. Pay the debts of the deceased upon order of the court.

146. The actions, which may be filed against an executor or administrator, do not include: A. B. C. D. recovery of real or personal property from the estate. recovery of an interest in such property. enforcement of a lien on such property. recovery of a loan evidenced by a promissory note signed by the decedent. The period of appeal from an order in a special proceeding is: 15 days from notice, if no motion for reconsideration is filed. 15 days from notice of denial of a motion for reconsideration. 30 days from notice none of the above.

147. A. B. C. D.

148. A holographic will which is contested may be allowed when its authenticity is proven by: A. B. C. D. one (1) witness who saw the testator write and sign it two (2) witnesses who saw the signing thereof three (3) witnesses who declare that they saw the testator sign it three (3) witnesses who know the handwriting of the testator explicitly declare that the will and the signature thereon are in the handwriting of the testator

149. One of those actions cannot be brought against an executor or administrator: A. To recover real or personal property from the estate of the decedent B. To enforce a lieu or such real or personal properties.

C. To recover damages for an injury to person or property D. 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 of the natural parents of a minor, the grandparents were appointed as guardians ad litem. Thereafter, the natural mother filed in Makati RTC a petition for habeas corpus for the custody of the minor. Will the petition prosper? A: No. Makati RTC cannot entertain the habeas corpus petition because it will interfere with the jurisdiction of a co-equal and coordinate court, that is, with the Cavite RTC and the designation by the latter of the grandparents as guardians ad litem. Besides, the writ should not issue because the minor is lawfully in the custody of his grandparents by virtue of a court order. 2. In intestate proceedings of X, deceased, the court appointed Y, his brother, as administrator. Two months later, Z, the only legitimate son of X, petition the court to appoint him as administrator on the ground that he is Xs only heir. How should the court resolve Xs petition? A: Court should deny Zs petition. There is no ground for the removal of Y as administrator. The fact that Z is the only heir is not one of the grounds provided for by rule 82 ROC. 3. Is an extrajudicial partition among a deceased intestates heirs voided upon discovery of the existence at the time of an unpaid estate debt? A: No. The unpaid creditors remedy is to ask for administration within the 2 year period. 4. What is it that a regular administrator can do which a special administrator cannot? A: A special administrator cannot pay estate debts unless so ordered by the court and he may sell only such perishable and other estate property as the court orders sold.

5. X filed a claim in the intestate proceedings of D. Ds administrator denied liability and counterclaimed against X. Xs claim was disallowed.Does the probate court still have jurisdiction to allow the claim of Ds administrator by way of offset? A: Yes. A creditor who presents claim against an estate submits himself to the jurisdiction of the probate court, and the circumstance that his claim is disallowed does not affect the probate courts jurisdiction to allow set off against him. 6. A was married twice, having had 4 children by his first marriage and 2 by his second. One of his children by the first marriage instituted in the RTC proceedings to place under guardianship the property of his father. The petition was grounded on the latters alleged incapacity to manage and direct his financial affairs due to deterioration of his mental faculties on account of illness and advanced age. The petitioner caused the annotation of lispendens to be made on the titles to the real properties of his father and his second wife. Is the annotation proper? A: Yes. A notice of lispendens may be proper in a guardianship case so as to give constructive notice to all parties who may deal with the property registered in the name of A that his capacity to create any encumbrance or make any disposition of said property was suspect and was precisely subject of 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. An opposition was filed by H, claiming to be a daughter and therefore an heir of D. Assuming that, after due hearing at which H presents evidence which to the court indubitably establishes her heirship, can the court deny the escheat petition, declare H to be Ds sole heir and award the entire estate to her? A: No. The court acquired jurisdiction to hear the petition for escheat by virtue of the publication of this petition. The jurisdiction acquired cannot be converted into one for the distribution of Ds estate for which the proper petition must be filed and the proper parties notified. Hence, the court has no jurisdiction to distribute and award the estate to H in the escheat proceedings. 8. X filed a motion in the guardianship proceedings of W, the incompetent ward, to recover title and possession to a parcel of land in the possession of the guardian for the ward. How should the guardianship court resolve Xs motion? A: Xs motion should be denied. Guardianship proceedings are concerned solely with the wards care and custody and the proper administration or management of his properties. Conflicts regarding ownership or title to

property in the hands of the guardian, in his capacity as such, should be litigated in a separate proceeding. 9. May a probate court issue a writ of execution for the payment of estate debts? A: Only if the heirs, devisees and legatees have entered into possession of their respective portions in the estate prior to payment of debts and expenses of administration, in which case the probate court may order the heirs, devisees and legatees to contribute to the payment and may issue execution if circumstances require. Otherwise, the proper procedure is for the probate court to order the sale or mortgage of estate property from the proceeds of which the debts shall be paid. 10. Where the deceased died intestate and left no debts, is extrajudicial settlement of his estate among his heirs their only option for settling it? A: No. The heirs can opt for judicial partition under rule 69. Unless necessary because 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 creditor of the deceased? A: Yes. There is no prohibition against making this special administrator a defendant in a suit against the estate. Otherwise, the statute of limitations would run against the creditor where the appointment of a regular administrator is delayed. 12. A is appointed administrator of his deceased wife. Subsequently, a will of the wife is discovered in which B is named executor. So, the court removed A and appointed B as executor. Is court correct? A: No. Letters testamentary can be issued to a person named as executor in a will only after such will had been admitted to probate under rule 76, section 4. 13. Is there any way for a creditor who has failed to file his claim within the period allowed by the statute of non-claims, to realize on his claim? A: Yes, the creditor may set forth his claim as a counterclaim in any action an administrator or executor may bring against him. 14. Does the statute of non-claims supersede the statute of limitations?

A: Insofar as claims against the estates of deceased persons are concerned, the statute of non-claims supersedes the statute of limitations. Hence, if a debtor dies, his creditors must present their claims, whether the same be due, not due or contingent, in the settlement proceeding of the estate of the deceased debtor within the time provided in the statute of non-claims, or the same shall be barred forever. 15. What is escheat proceeding?

A: This is a proceeding whereby the real and personal property of a deceased person 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 effectuate the 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 anytime after the death of the testator. 17. Is execution a proper remedy to enforce a money judgment against the deceased? A: No. The proper procedure is for the claimant to file a claim against the estate of the deceased where the judgment debtor dies before levy on execution his properties. Filing a claim against the estate is also the proper procedure 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 belated claims be granted by the court? A: The period prescribed in the notice to creditors is not exclusive. Money claims against the estate may be allowed anytime before an order of distribution is entered at the discretion of the court and for cause and upon such terms as are equitable. This extension of the period shall not exceed 1 month 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 the wards custody and proper administration of his properties. Conflicts regarding ownership or title to property in the hands of a guardian, in his capacity as such, should be litigated in a separate proceeding. 20. To what guardianship shall extend?

A: A guardian appointed shall have the care and custody of the person of his ward and the management of his estate or the management of the estate only as the case may be. The guardian of the estate of a non-resident shall have the management of all the estate of the ward within the Philippines, and no 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 taking cognizance 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 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.

24. What are the remedies of aggrieved parties after extra-judicial

settlement of estate?

A: a. The creditor may ask for administration of enough property of the estate
sufficient to pay the debt, but the heirs cannot prevent such administration by paying the obligation (McMicking vs. Sy Conbieng, 21 Phil. 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 such summary settlement was had for the payment of his credit. After the lapse of the two-year period, an ordinary action may be instituted against the distributees within the statute of limitations, but not against the bond.

c. The action to annul a deed of extrajudicial settlement on the ground of

fraud should be filed within four years from the discovery of the fraud (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 of administration granted, and his estate settled, in the RTC in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the RTC of any province in which he had his 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 (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 estate does not exceed P200,000 (outside Metro Manila) or where such estate does not exceed P400,000 (in Metro Manila). properties of the deceased and cannot extend to collateral matters.

c. The jurisdiction of the RTC is limited to the settlement and adjudication of

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 of
the venue of the proceeding. If he was a resident (inhabitant) of the Philippines, venue is laid exclusively in the province of his residence, the jurisdiction being vested in the Regional Trial Court thereof. Residence means his personal, actual, or physical habitation, his actual residence or place of abode. time of his death that venue lies in any province in which he had estate,

b. It is only where the decedent was a nonresident of the Philippines at the

and then CFI thereof first taking cognizance of the proceeding for settlement acquires jurisdiction to the exclusion of other courts. The question of residence is determinative only of the venue and does not affect the jurisdiction of the court. Hence, the institution of the proceeding in the province wherein the decedent neither had residence nor estate does not vitiate the action of the probate court.

c. Where the proceedings were instituted in two courts and the question of
venue is seasonably raised, the court in which the proceeding was first filed has exclusive jurisdiction to resolve the issue (De Borja vs. Tan, 97 Phil. 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 of administration. The RTC acting as a probate court exercises but limited jurisdiction, thus it has no power to take cognizance of and determine the issue of title to property claimed by a third person adversely to the decedent unless the claimant and all other parties have legal interest in the property consent, expressly or impliedly, to the submission of the question to the probate court. In that case, if the probate court allows the introduction of evidence on ownership it is for the sole purpose of determining whether the subject properties should be included in the inventory, which is within the probate courts competence. The determination is only provisional subject to a proper action at the RTC in a separate action to resolve the title.

b. The jurisdiction of the probate court merely relates to matters having to

do with the settlement of the estate and the probate of wills, the appointment and removal of administrators, executors, guardians and trustees. The question of ownership is, as a rule, an extraneous matter which the probate court cannot resolve with finality (Intestate Estate of Ismael 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 to
any 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);

v. Orders payment of lawful debts (Sec. 11, Rule 88); vi. Authorizes sale, mortgage or any encumbrance of real estate (Sec. 2,
Rule 89); 90);

vii. Directs the delivery of the estate to those entitled thereto (Sec. 1, Rule viii.
Issue warrants and processes necessary to compel the attendance 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 the apprehension and imprisonment of such person until he performs such order or judgment, or is released (Sec. 3, Rule 73).

b. The court acts as trustee, and as such, should jealously guard the estate
and see to it that it is wisely and economically administered, not dissipated (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 the
appointment of executor or administrator, and without delay, the competent court summarily proceeds to value the estate of the decedent; ascertain his debts 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 enter into the possession of the parts of the estate so awarded to them, respectively (Sec. 2).

30. What is extrajudicial settlement by agreement between heirs and

when is it allowed?

A: a. If the decedent left no will and no debts and the heirs are all of age, or the
minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means 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 of partition. 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. The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition, or the sole heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the 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 as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under section 4 of this rule. 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 of the decedent. The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the next succeeding section; but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof (Sec. 1).

b. Extrajudicial partition of the estate shall be valid when the following

conditions concur: i. The decedent left no will;

ii. The decedent left no debts, or if there were debts left, all had been paid; iii. The heirs are all of age or if they are minors, the latter are represented by their judicial guardian or legal representative; iv. The partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds; and v. The fact of the extrajudicial settlement or administration shall be published 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 of the decedent (Sec. 1).

b. If it shall appear at any time within two (2) years after the settlement and
distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation. And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both. Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years

after such distribution, notwithstanding any transfers of real estate that may 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 by
means of an affidavit filed in the office of the register of deeds (Sec. 1). it allowed?

33. What is a Summary settlement of estates of small value and when is 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 that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and upon hearing, which shall 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 a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and after such other notice to interested persons as the court may direct, the court may proceed summarily, without the appointment of an executor or administrator, and without delay, to grant, if proper, allowance of the will, if any there be, to determine who are the persons legally entitled to participate in the estate, and to apportion and divide it among them after the payment of such debts of the estate as the court shall then find to be due; and such persons, in their own right, if they are of lawful age and legal capacity, or by their guardians or trustees legally appointed and qualified, if otherwise, shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively. The court shall make such order as may be just respecting the costs of the proceedings, and all orders and judgments made or rendered in the course thereof shall be recorded in the office of the clerk, and the order of partition or award, if it involves real estate, shall be recorded in the proper registers office (Sec. 2). property other than real is to be distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim ( Sec. 3).

b. The court, before allowing a partition, may require the distributees, if

34. What are the remedies of aggrieved parties after extra-judicial

settlement of estate?

A: a. The creditor may ask for administration of enough property of the estate
sufficient to pay the debt, but the heirs cannot prevent such administration by paying the obligation (McMicking vs. Sy Conbieng, 21 Phil. 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 such summary settlement was had for the payment of his credit. After the lapse of the two-year period, an ordinary action may be instituted against the distributees within the statute of limitations, but not against the bond.

c. The action to annul a deed of extrajudicial settlement on the ground of

fraud should be filed within four years from the discovery of the fraud (Gerona vs. De Guzman, L-19060, May 29, 1964).

Production and Probate of Will (Rule 75)

35. What is the Nature of probate proceeding? A: Probate of a will is a proceeding in rem. It cannot be dispensed with and
substituted by another proceeding, judicial or extrajudicial, without offending public policy. It is mandatory as no will shall pass either real or personal property unless proved and allowed in accordance with the Rules. It is imprescriptible, because it is required by public policy and the state could not have intended to defeat the same by applying thereto the statute of limitation of actions (Guevara vs. Guevara, 74 Phil. 479).

36.

Who may petition for probate and who are the persons entitled to notice?

A: a. Any executor, devisee, or legatee named in a will, or any other person

interested in the estate, may, at any time after the death of the testator, petition the court having jurisdiction to have the will allowed, whether the same be in his possession or not, or is lost or destroyed. The testator himself may, during his lifetime, petition the court for the allowance of his will (Sec. 1, Rule 76).

b. The court shall also cause copies of the notice of the time and place fixed
for proving the will to be addressed to the designated or other known heirs, legatees, and devisees of the testator resident in the Philippines at their places of residence, and deposited in the post office with the postage thereon prepaid at least twenty (20) days before the hearing, if such places of residence be known. A copy of the notice must in like manner be mailed to the person named as executor, if he be not be petitioner; also, to any person named as co-executor not petitioning, if their places of residence be known. Personal service of copies of the notice at least ten (10) days before the day of hearing shall be equivalent to mailing. If the testator asks for the allowance of his own will, notice shall be sent only to his compulsory heirs (Sec. 4, Rule 76). 37. What is the effect of the petition for adoption in relation to use of surnames?

A: Pursuant to Art. 189 of the Family Code which states that the adopted child shall acquire the reciprocal rights and obligations arising from the relationship of a parent and child, including the right of the adopted to use the surname of the adopter, the adoptee has both the right and obligation to use the surname of the adopter, and that upon reaching the age of majority, he may file a petition for a change of surname, as the use by the adoptee of the surname of the adopter is more an incident rather than the object of adoption proceedings. (Republic v. CA, G.R. No. 97906, May 21, 1992) 38. What is the function of the RTC in inter-country adoption?

A: The Court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the ICAB for appropriate action. (Sec. 32, Rule on Adoption). The application for adoption shall be filed with the RTC having jurisdiction over the child, or the Inter-Country Adoption Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents. 39. What is the Best Interest Standard?

A: It refers to the totality of the circumstances and conditions as are most congenial to the survival, protection, and feelings of security of the minor and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor. (Sec. 14) 40. What is the difference between a preliminary citation and a peremptory writ? A:

a. Preliminary citation is issued when a government officer has the person in

his custody, the illegality of which is not patent, to show cause why the writ of habeas corpus should issue. b. Peremptory writ is issued when the cause of the detention appears to be patently illegal and the non-compliance therewith is punishable. (Lee Yick Hon v. Collector of Customs, G.R. No. 16779, Mar. 30, 1921).

41.

May a wife secure a writ of habeas corpus to compel her husband to live with her in the conjugal home? A: No. Marital rights including coverture and living in conjugal dwelling may not be enforced by the extra-ordinary writ of habeas corpus. In case the husband refuses to see his wife for private reasons, he is at liberty to do so without threat of any penalty attached to the exercise of his right. That is a

matter beyond judicial authority and is best left to the man and womans free choice. (Ilusorio v. Bildner, G.R. No. 139789, May 12, 2000).

42.

Would a decision rendering judgment on the issue of custody of a child in a nullity of marriage case constitute as res judicata on a pending habeas corpus case on the same matter? A: Yes. By filing the case for declaration of nullity of marriage petitioner automatically submitted the issue of the custody of the child as an incident thereof. Section 21 of the "Rule on Declaration Of Absolute Nullity Of Void Marriages and Annulment of Voidable Marriages" directs the court taking jurisdiction over a petition for declaration of nullity of marriage to resolve the custody of common children, by mere motion of either party, it could only mean that the filing of a new action is not necessary for the court to consider the issue of custody of a minor. (Yu v. Yu, G.R. No. 164915, March 10, 2006).

43. Raymond and Reynaldo Manalo escaped from captivity and surfaced of the armed forces. But while the two admit that they are no longer in detention and are physically free, they assert, that they are not free in every sense of the word as their movements continue to be restricted for fear that the people they have named in their judicial affidavits and testified against are still at large and have not held accountable. The Manalo brothers claim that they are under the threat of being once again abducted, kept captive or even killed, which constitute a direct violation of their right to security of person. They filed a petition for writ of amparo. Should the court granted the petition? A: Yes, the Manalo brothers right to security as freedom from threat is violated by the apparent threat to their life, liberty and security of person. Their right to security as a guarantee of protection by the government is likewise violated by the ineffective investigation and protection on the part of the military. In blatant violation of guarantees to life, liberty and security, these rights are snuffed out from victims of extralegal killings and enforced disappearances. The writ of amparo is a tool that gives voice to preys of silent guns and prisoners behind secret walls. (Secretary of National Defense v. Manalo, G.R. No. 180906, Oct. 7, 2008) 44. Is publication of the hearing for adoption necessary for the adoption to be valid? A: Indeed, publication of the scheduled hearing for the petition for adoption is necessary for the validity of a decree of adoption but not for the purpose merely of taking a deposition. In taking a deposition, no substantial rights are affected since depositions may or may not be presented or may even be objected to when formally offered as evidence at the trial of the main case later on. the philosophy behind adoption statutes is to promote the welfare of

the child and every reasonable intendment should be sustained to promote that objective. (Republic v. Elepano, G.R. No. 92542, Oct. 15, 1991). 45. A and B adopted their nephew. They filed an action for revocation of the adoption on May 1, 1998 on the ground that their nephew neglected them. Is the action proper? A: No. Only the adoptee can rescind the decree of adoption. However, the adopter is not left without any remedy as he may deny to an adopted child his legitime and by will, may freely exclude him from having a share in the disposable portion of his estate. The new law had already abrogated or repealed the right of an adopter under the Civil and Family Codes to rescind a decree of adoption (Lahom v. Sibulo, G.R. No. 1439889, July 14, 2003) . 46. When is a child not allowed to be separated from the mother?

A: Under Article 213 (2) of the Family Code, no child under 7 years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. 47. When will the court take into consideration the choice of the child? A: The child, who is over 7 years of age, may choose which parent he prefers to live with, unless the parent so chosen is unfit to take charge of the child by reason of moral depravity, habitual drunkenness, incapacity, or poverty. (Art. 213, Family Code) 48. Can the minor child be brought out of the country without leave from court while the petition is pending? A: The minor child subject of the petition shall not be brought out of the country without prior order from the court while the petition is pending. The court, motu proprio or upon application under oath, may issue ex parte a hold departure order, addressed to the Bureau of Immigration and Deportation, directing it not to allow the departure of the minor from the Philippines without the permission of the court. (Sec. 16, AM No. 03-04-04-SC) 49. A. May a separate action be filed after filing a petition for a writ of amparo? A: Yes. It does not preclude the filing of separate criminal, civil or administrative actions. (Sec. 21) B. What is the effect if a prior criminal action has been filed?

A: No petition for a writ of amparo shall be filed. The reliefs under the writ shall be available by motion in the criminal case. (Sec. 22) The procedure under this Rule shall govern the disposition of the reliefs available under the writ of amparo. 50. What happens if a criminal action and a separate civil action are filed subsequent to a petition for writ of amparo? A: The petition for writ of amparo shall be consolidated with the criminal action. 51. Roxanne, a widow, filed a petition for habeas corpus with the Court of Appeals against Major Amor who is allegedly detaining her 18 years old son Bong without authority of law. After Major Amor had filed a return alleging the cause of detention of Bong, the Court of Appeals promulgated a resolution remanding the case to the Regional Trial Court for a full-blown trial due to the conflicting facts presented by the parties in their pleadings. In directing the remand, the Court of Appeals relied on Sec. 9 (1), in relation to Sec. 21 of BP 129 conferring upon said Court the authority to try and decide habeas corpus cases concurrently with the Regional Trial Courts. Did the Court of Appeals act correctly in remanding the petition to the Regional Trial Court? Why? A: No because while the Court of Appeals has original Jurisdiction over habeas corpus concurrent with Regional Trial Court, it has no authority for remanding to the latter original actions filed with the former. On the contrary, the Court of Appeals is specifically given the power to receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original jurisdiction. (Sec. 9 (2) of B.P. Blg. 129, as amended by E.O. No. 33 s. 1986; Orda v. C.A. 192 SCRA 768). OR Yes, because there is no prohibition in the law against a superior court referring a case to a lower court having concurrent jurisdiction. The Supreme Court has referred to the Court of Appeals or Regional Trial Court cases falling within their concurrent jurisdiction.

52. What is Habeas Data? A: It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person,

family, home and correspondence of the aggrieved party. It is a procedure designed to safeguard individual freedom from abuse in the information age. (Sec. 1) 53. How is Writ of Habeas Data distinguished from Writ of Habeas Corpus and Writ of Amparo. 54. The period for filing a return to a petition for Writ of Amparo is NOT extendible. Is this also true with Writ of Habeas Data? 55. In filing for a petition for a Writ of Habeas Data, what should be the contents of the petition? A: a. The personal circumstances of the petitioner and the respondent b. The manner the right to privacy is violated or threatened and how it affects the right to life, liberty or security of the aggrieved party c. The actions and recourses taken by the petitioner to secure the data or information 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, which may include the updating, rectification, suppression or destruction of the database or information or files kept by the respondent. In case of threats, the relief may include a prayer for an order enjoining the act complained of. f. Such other relevant reliefs as are just and equitable. (Sec. 6) 56. On July 15, 2009, Atty. Manananggol was served copies of numerous unfavorable judgments and orders. On July 29, 2009, he filed motions for reconsideration which were denied. He received the notices of denial of the motions for reconsideration on October 1, 2009, a Friday. He immediately informed his clients who, in turn, uniformly instructed him to appeal. How, when and where should he pursue the appropriate remedy for judgment of the Regional Trial Court (RTC) denying his clients petition for a Writ of Habeas Data? (Bar Question) 57. In a petition for change of name, what are the contents that the petition should set forth? 58. In filing a petition for change of name, is verification by the person desiring the change name be done by another person? Is verification a jurisdictional requisite? 59. Azenith, the cashier of Temptation Investments, Inc. (Temptation, Inc.) with principal offices in Cebu City, is equally hated and loved by her co-employees because she extends cash advances or "vales " to her colleagues whom she likes. One morning, Azenith discovers an anonymous letter inserted under the door of her office threatening to kill her.

Azenith promptly reports the matter to her superior Joshua, who thereupon conducts an internal investigation to verify the said threat. Claiming that the threat is real, Temptation, Inc. opts to transfer Azenith to its Palawan Office, a move she resists in view of the companys refusal to disclose the results of its investigation. Decrying the move as a virtual deprivation of her employment, Azenith files a petition for the issuance of a writ of habeas data before the Regional Trial Court (RTC) to enjoin Temptation, Inc. from transferring her on the ground that the companys refusal to provide her with a copy of the investigation results compromises her right to life, liberty and privacy. Resolve the petition. Explain. (2010 Bar Question) 60. Rustom Torres, a well known hunk actor, underwent surgery to change his gender. Believing that it is a matter of right, he filed a petition to change his first name Rustom to Bebe Ganda. If you were the judge, how will you decide on the petition? 61. Distinguish Rule 103 of the Rules of Court from RA No. 9048.

62. Your service as a lawyer was sought by Rustom Torres who wishes to change his name to Bebe Gandang Reyna. After finding that the petition filed is sufficient in form and substance, the court fixed the date and place for the hearing and directed that a copy of the order be published. What are the pertinent information that the publication or notice should contain?

63. In relation to the preceding number, what will happen if one of the required information is not indicated on the publication?

64. In compliance with the publication requirement, Rustom Torres caused the publication of his Petition for Change of Name stating his name as the petitioner and his desired name. He, however, missed to include in the notice his reason for change of name. After the publication, a hearing was set and thereafter the Court issued an order to effect the change of name. If you were the Office of the Solicitor General, how would you oppose the petition?

65.

Distinguish Rule 103 from Rule 108 of the Rules of Court.

66. Differentiate the notice and publication requirement of Rule 108 from RA 9048.

67. How and where do you appeal for an unfavorable decision issued by the Local Civil Registrar for petition for correction of first name due to clerical errors?

68. How and where do you appeal for an unfavorable decision issued by the RTC for petition for change of name?

69. How and where do you appeal for an unfavorable decision issued by the RTC for petition for change or correction of civil entries?

70. Since Grade I, you have been using the first name Mariah but upon securing a copy of your Birth Certificate from NSO, you discovered that your first name is spelled out as Maria. You wish to continue using Mariah as your first name. How will you proceed?

71. In connection with the preceding number, what documents can you show to support your petition?

72. What is the rationale behind the order of preference in appointing an administrator? A: The underlying assumption behind this rule is that those who will reap the benefits of a wise, speedy and economical administration of the estate or on the other hand, suffer the consequences of waste, improvidence or mismanagement, have the higher interest and most influential motive to administer the estate correctly (Gonzales v. Aguinaldo, G.R. No. 74769, Sept. 28, 1990).

73.

Is the order of Appointment of Regular Administrator final?

A: No. The order of appointment of a regular administrator is appealable. Where no notice is required by Sec. 3, Rule 79 of the Rules of Court has been given to persons believed to have an interest in the estate of the deceased person; the proceeding for the settelement of the estate is void and should be annulled. The requirement as to notice is essential to the validity of the proceeding in order that no person may be deprived of his right to property without due process of law. (Herrera, Vol. III-A, p. 94, 2005 ed.) 74. Is the right of an executor/administrator to the possession and management of property of the deceased absolute? A: No, it can only be exercised so long as it is necessary for the payment of debts and expenses of administration (Ruiz v. CA, G.R. No.118671, Jan. 29, 1996). 75. Why is there a need for appointing a special administrator?

A: The principal object is to preserve the estate until it can pass into the hands of persons fully authorized to administer it for the benefit of the creditors and heirs (De Guzman v. Guadiz, G.R. No. L-48585, Mar. 31, 1980) . 76. When can 2 special administrators be appointed?

A: a. If a special administrator is appointed pending determination of a contest of a will instituted before it is admitted to probate, or pending an appeal from an order appointing, suspending or removing an executor or administrator, the special administrator has the same powers, duties and obligations as an executor or administrator, and the letters of administration issued to the special administrator must recite that the special administrator is appointed with those powers. b. If a special administrator has been appointed, and thereafter a proceeding to contest a will before it is admitted to probate has been instituted, the court shall enter an order granting to the special administrator the additional powers, duties and obligations of an executor or administrator and requiring such additional bond as the court deems proper. 77. Does the discovery of a will automatically terminate the letters of administration? A: No, until the will has been proved and allowed pursuant to Section 1, Rule 82. (De Parreno v. Aranzanso, G.R. No. L- 27657, Aug. 30, 1982)

78. May the trial court issue an order declaring the nullity of marriage under Rule 108 and change the status from married to single? A: No, it is proper only in ordinary adversarial proceedings. (Lim v. Republic, G.R. No. 8932, May 31, 1957) 79. Celine files a petition for cancellation of the birth certificate of her daughter Jeanie on the ground of falsified material entries therein made by Celines husband as the informant. The RTC sets the case for hearing and directs the publication of the order once a week for 3 consecutive weeks in a newspaper of general circulation. Summons was served on the Civil Registrar but there was no appearance during the hearing. The RTC granted the petition. Jeanie filed a petition for annulment of judgment before the CA, saying that she was not notified of the petition and hence, the decision was issued in violation of due process. Celine opposed saying that the publication of the court order was sufficient compliance with due process. Rule. A: The petition for annulment of judgment before the CA should be granted. Jurisdiction of the court over a petition for cancellation of a birth certificate requires reasonable notice to all interested parties and also publication of the order once a week for 3 consecutive weeks in a newspaper of general circulation. In this case, publication of the order is insufficient because Jeanie, a directly concerned party, was not given reasonable notice, hence, denied due process. The lower court, therefore, did not acquire jurisdiction. (Ceruila v. Delantar, G.R. No. 140305, Dec. 9, 2005). 80. Helen is the daughter of Eliza, a Filipina, and Tony, a Chinese, who is married to another woman living in China. Her birth certificate indicates that Helen is the legitimate child of Tony and Eliza and that she is a Chinese citizen. Helen wants her birth certificate corrected by changing her filiation from "legitimate" to "illegitimate" and her citizenship from Chinese" to "Filipino" because her parents were not married. What petition should Helen file and what procedural requirements must be observed? Explain. A: A petition has to be filed in a proceeding under Rule 108 of the Rules of Court. A petition to change the record of birth by changing the filiation from legitimate to illegitimate and petitioners citizenship from Chinese to Filipino does not involve a simple summary correction which could otherwise be done under the authority of R.A. 9048. Procedural requirements include: (a) filing a verified petition; (b) naming as parties all persons who have or claim any interest which would be affected; (c) issuance of an order fixing the time and place of hearing; (d) giving reasonable notice to the parties named in the petition; and (e) publication of the order once a week for 3 consecutive weeks in a newspaper of general circulation. (2005 Bar Question)

81. When can an advance distribution be made despite a pending controversy in the settlement of an estate? A: Notwithstanding a pending controversy or appeal in proceedings to settle the estate of a decedent, the court may, in its discretion and upon such terms as it may deem proper and just, permit that such part of the estate as may not be affected by the controversy or appeal be distributed among the heirs or legatees, upon compliance with the conditions set forth in Rule 90 of these rules. (Sec. 2) 82. a. b. c. d. e. What are the grounds for change of name under Rule 103?

f.

A: Name is ridiculous, tainted with dishonor or extremely difficult to write or pronounce; Habitual and continuous used and been known since childhood by a Filipino name, unaware of her alien parentage; Consequence of a change of status; A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; The change will avoid confusion; or When the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name should prejudice public interest. (Republic v. CA, G.R. No. 88202, Dec. 14, 1998).

83. Rene died intestate, leaving several heirs and substantial property here in the Philippines. a. Assuming Rene left no debts, as counsel for his heirs, what steps would you suggest to settle Renes estate I the least expensive manner? b. Assuming Rene left only one heir and no debts, as counsel for his lone heir, what steps would you suggest? c. Assuming that the value of Renes estate does not exceed P 10,000.00, what remedy is available to obtain a speedy settlement of his estate? A: a. To settle Renes estate in the least expensive manner, an extrajudicial settlement of the estate by agreement of the parties should be made through a public instrument to be filed with the Register of Deeds, together with a bond in an amount equivalent to the value of the personal property involved as certified under oath by the parties concerned and conditioned upon payment of any just claim that may be filed within two (2) years by an heir or other person unduly deprived of participation in the estate. The fact of extrajudicial settlement or administration shall be published in a newspaper of general circulation once a week for three (3) consecutive weeks. ( Sec.1, Rule 74.)

b. If Rene left only one heir, then the heir ma adjudicate to himself the entire estate by means of an affidavit of self-adjudication to be filed also with the register of deeds, together with the other requirements abovementioned. (id.) c. Since the value of Renes estate exceed P10,000.00, the remedy is to proceed to undertake a summary settlement of estates of mall value by filing a petition in court and upon hearing, which shall beheld not less than one (1) month nor more that three (3) months from the date of the last publication of a notice which shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province and after such other notice to interested persons as the court may direct. The court may proceed summarily without the appointment of an executor or administrator, and without delay, grant, if proper, allowance of the will, if any, to estate, and to apportion and divide among them after payment of such debts of the estate as the court shall then find to be due. The order of partition if it involves real estate, shall be recorded by the proper registers office. ( Sec.2, rule 74).