What are the modes of settlement?

a. Judicial
 Intestate
 Partition
 Summary – when the gross value of the estate DOES NOT EXCEED 10k (this is irrelevant! Wala namang estate na
Php10k!!)
b. Extrajudicial Settlement
 Among several heirs
 Sole heir – self adjudication

When may there be extrajudicial settlement?

When the decedent left no will and no debts

If there are outstanding debts, what will happen?

The heirs can opt to pay debts first then proceed with extrajudicial settlement

What do you mean of newspaper of general circulation? Is “Bomba” included?

No! There must be a BONA FIDE subscription. But nevertheless the SC now allows to be published in these kinds of newspapers

There should be 21 days of publication, but if there is a total of 15 days of publication that is sufficient <- double check

Why do you need publication?

Because the proceedings are QUASI-IN REM

When real properties are subject to extra judicial partition, what are other requirements?
Registration of the affidavit of sole adjudication

Why is registration required?

The lis pendens is technically not a lien, it is merely in the nature of a notice. The affidavit of sole adjudication is required to be
registered so that all other persons may be notified, and so they have the opportunity to present their claims before the period of
prescription.

If it is a real property, the period of prescription is two years from the date of registration. To whom does this two year
period apply?
Those unduly deprived in their participation in the estate as an heir. This does not apply to those heirs who were deprived of their right
to participate, as this becomes an implied trust (10years). This only applies to heirs who took part in the settlement and cheated
among themselves. Even creditors can demand from those who took part, and they may be bound as to the 2-year period.

After the lapse of this two-year period, do you have to go to court to cancel the annotation? No, it becomes functus officio

What are the modes that are in rem?

Why is the production of wills mandatory?
a. Based on civil code on succession (article 888)
b. Against public policy
c. Imprescriptible – there is no time bar where the will may be probated

What is the effect of probate?

 Rule 39, Section 47 – effect of judgment: res judicata in actions in rem
 Conclusive as to its due execution

When you say that it is conclusive as to its due execution, what do you mean by that?
That the decedent has/had testamentary capacity because he knows/knew the nature of his estate and the persons entitled to inherit
it

What about the testamentary dispositions? Can the probate court pass upon this?
As a general rule: NO
Exception: The practicality rule. e.g. if there is preterition, it is obvious on the face that the will is not valid and it would not be practical
for the court to proceed with probate without considering the validity of the testamentary disposition

What are the duties of the custodian of the will? What kind of custody is contemplated?
Section 2. Custodian of will to deliver. — The person who has custody of a will shall, within twenty (20) days after he knows of the
death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will.
Section 4. Custodian and executor subject to fine for neglect. — A person who neglects any of the duties required in the two last
preceding sections without excused satisfactory to the court shall be fined not exceeding two thousand pesos.
Section 5. Person retaining will may be committed. — A person having custody of a will after the death of the testator who neglects
without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed to prison and
there kept until he delivers the will.

Not every type of possession of the will is included. The custody must be in the nature of bailment. You have to tell the person that he
has to deliver it otherwise he will not be held accountable. If you don’t tell him that then section 4 will not come into place. Note that
the executor should present the will if he is in possession of it.

What is the difference between section 4 and section 5 of Rule 86? What is the nature of the proceeding?
Section 4: There is a penalty in the nature of a fine. There is no pending probate proceeding so it is merely in the nature of a penalty.
In order to enforce the fine you have to file a criminal action.

Section 5: There must be a prior order. Meaning there must be a pending settlement proceeding.

When can the court hold the person who fails to deliver the will in contempt?
Section 5  DOUBLE CHECK THIS, I’m not sure