Sample Questions in Special Proceedings.doc_0

SPECIAL PROCEEDINGS PROCEEDINGS PART PA RT I.

MCQ MCQ

1. When may the court issue issue notices to creditors to file their their claims? A. B. C. D.

Immediately after granting letters testamentary or of administration. administration. Immediately before granting letters testamentary or of administration. administration. After After granting granting letters letters testamentar testamentary y or of administr administratio ation. n. Before granting letters testamentary or of administration. administration.

2. This refers refers to any debt debt or pecuniary pecuniary demand demand against the decedent’s decedent’s estate. A. B. C. D.

Money Claim Inhe Inheri rita tanc nce e Taxes

3. This is the period fixed fixed by the rule for for the filing filing of the claims against against the estate. A. B. C. D.

Stat Statut ute e of Frau Frauds ds Statut Statute e of Limita Limitatio tions ns Statut Statute e of of Non-C Non-Clai laims ms Pres Prescr crip ipti tion on

4. What is the time time within within which which claims claims shall be filed? filed? A. Within the the time fixed in the notice notice which shall not be more than 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 than 2 years nor less than 1 year after the date of the first publication. publication. C. Within the the time fixed in the notice notice which shall not be more than than 12 months nor less than 6 months after the date of the last publication. publication. D. Within the time time fixed in the notice notice which shall not be more more than 3 years. years.

5. This are claims claims not filed filed within within the original original period fixed by by the court. court. A. B. C. D.

Statut Statute e of of NonNon-Cla Claims ims Debts Tax ref refu und Bela Belate ted d clai claims ms

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

C. For the illness illness of the the deced decedent ent D. Unpa Unpaid id taxe taxes s

7. This is a conditional claim or claim claim that is subject to the happening happening of a future uncertain event. A. B. C. D.

Absolu Abso lute te Clai Claim m Cont Contin inge gent nt Cla Claim im Mone Money y Cla Claim Statut Statute e of NonNon-Cla Claim im

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

9. What is the remedy in order order to satisfy satisfy debts debts of the estate? A. B. C. D.

Writ Writ of of exec execut utio ion n Sale or mortg mortgage age of the the proper properties ties of the the deceden decedentt Lien Crimin Criminal al actio action n

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

12. 12. This This ref refers ers to to th the det deter ermi mina nati tion on of all all ass asset ets s of of the the esta estate te and and payment of all debts and expenses. A. B. C. D.

Diss Dissol olut utio ion n Liqu Liquid idat atio ion n Term Termin inat atio ion n Part Partit itio ion n

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.

Paym Paymen entt of all all deb debts ts Fune Funera rall expe expens nses es Expenses Expenses for administ administrati ration on Allowanc Allowance e of the widow widow and and inheritan inheritance ce tax Paym Paymen entt of of bon bond d

Which of the following statements are true:

A. The remedy of an heir entitled to the residue residue but has has not received received his share is to file a motion with the probate court for delivery to him of his share. B. The remedy remedy of an heir heir entitled entitled to the residu residue e but has not not received received his share is to file a motion for reopening of the proceeding, within the prescriptive prescriptive period, if the estate proceedings have been closed. C. Both Both state statemen ments ts are are true. true. D. Both statement statements s are are false. false. 15. The following are the exceptions to the rule that a probate court cannot issue writs of execution, except : A. To satisfy satisfy the contributive contributive share share of the devisees, legatees legatees and heirs when when the latter had entered prior possession over the estate. B. To enforce enforce payment payment of of the expense expenses s of partitio partition. n. C. To satisfy satisfy the costs costs when a person is cited for examination in in probate proceedings. D. Payment of all all debts and expenses expenses of the obligor and and delivery of the entire estate to all the heirs.

16. 16. This This is a pro proce ceed edin ing g wher whereb eby y the the real real and and per perso sona nall pro prope pert rty y of  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.

Esche Escheat at procee proceedi ding ng Specia Speciall proce proceedi eding ng Probat Probate e procee proceedin ding g Distribu Distribution tion and and partition partition proceed proceeding ing

Who files escheat proceedings?

A. B. C. D.

Solicitor General or his representative representative in behalf behalf of the Philippines Philippines Omb Ombudsman man Pros Prosec ecut utor or DENR

18. 18. What What is the the bas basis is of the the Sta State te’s ’s righ rightt to to rec recei eive ve prop proper erty ty in escheat? A. B. C. D.

Donat onatio ion n Occu Occupa pati tion on Order Order of succes successio sion n Intell Intellect ectual ual creat creation ion

19. These are requisites for filing of petition for escheats, except: A. B. C. D.

That a person left the Philippines and permanently permanently lives lives abroad. abroad. That That a person person died died intes intestat tate. e. That he left left no heirs heirs or persons persons by law entitl entitled ed to the same. same. That the the decease deceased d left prope properties rties..

20. 20. One One of of th the fol follo low wing ing is is the the res respond ondent’s t’s re remed medy ag agains inst petition for escheats. A. B. C. D.

21. 21. A. B. C. D.

Moti Motion on to dis dismi miss ss Moti Motion on to quas quash h Motion Motion for new trial trial Motion Motion for bill bill of parti particula culars rs

What What is the the peri period od for for fili filing ng a clai claim m in esch eschea eatt proc procee eedi ding ng? ? 10 years years from the date of judgme judgment. nt. 5 years years from from the the date date of judgment. judgment. 3 years years from from the the date date of judgment. judgment. 4 years years from from the the date date of judgm judgment. ent.

22. 22. It ref refers ers to to th the pow power er of prot protec ecti tive ve auth author orit ity y giv given en by law law and 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.

Guar Guardi dian ansh ship ip Pare Parens nsPa Patr tria iae e Adop doptio tion Trus Truste tees eshi hip p

23. 23. A pe person rson in whom the the la law has has entru trusted ted the the cu custo tod dy an 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.

Guar uardia dian Trustee Adopter Direct Director or of of Heal Health th

24. The following are the general powers and duties of guardians, except: A. To have the the care and custod custody y of the person person of the ward, ward, and the management of his estate. B. Pay the debts debts of of the the ward ward.. C. Settle accounts, accounts, collect collect debts debts and appear in in actions actions for ward. D. Appropri Appropriate ate portio portion n of the the estate. estate. 25. These are the conditions of the bond of the guardian, except : A. To make and retur return n to the court, court, within within 3 months, months, a true and complete 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 faithfully execute the the duties of his trust, trust, to manage manage and dispose dispose of the the estate. C. To render a true and and just account account of all the estate estate of the ward in his hands. D. All All of the the abo above ve.. 26. These are the grounds for removal of a guardian, except: A. B. C. D.

27. 27. A. B. C. D.

Ins nsa anity nity Incapabi Incapability lity or unsuitabi unsuitability lity to discharge discharge functio functions ns Mismanag Mismanagement ement of of the proper property ty of the the ward Death Death of guard guardian ian

The The foll follow owin ing g are are grou ground nds s for for term termin inat atio ion n of of guar guardi dian ansh ship ip:: The ward ward has has come come of age. age. The The ward ward has has die died. d. The guar guardia dian n becomes becomes insa insane. ne. Only Only 1 and and 2 are are correc correct. t.

guardianship, except: 28. The following may apply for petition for guardianship, A. B. C. D. E.

29.

Any rel Any relat ativ ive e Other Other person person on behalf behalf of a minor The minor minor himsel himselff if 14 years years of age or or over The Secretar Secretary y of Social Welfar Welfare e and Developme Development nt All All of of the the abov above e

What is the rule on guardianship over minor?

A. The father and mother shall jointly jointly exercise exercise legal guardianship guardianship over the person and property of their minor without the necessity of a court appointment. B. The father and mother shall jointly jointly exercise exercise legal guardianship guardianship over the person and property of their minor with court appointment. C. Only the the father shall shall exerci exercise se legal legal guardians guardianship. hip. D. Only the mother mother shall shall exercise exercise legal legal guardians guardianship. hip.

30. 30. The The gro groun unds ds for for pe petiti tition on to sell sell or encu encumb mber er prop proper erty ty of min minor are the following, except: A. When the income of estate is insufficient insufficient to maintain maintain and educate educate ward when a minor. B. When it it appears appears that that it is for the the benefit benefit of the the ward. ward. C. When the prope property rty is found found thereaf thereafter ter to to be unsuitab unsuitable. le. D. Only Only 1 and and 2 are are correc correct. t. 31. The following are the rules on trustees, except: A. Account Accounts s must be under under oath oath and filed filed annual annually. ly. B. May sell sell or or encumber encumber property of estate held in trust if necessary or expedient upon order of the court. C. May be exempted exempted from filing filing bond if provided provided in the the will or if beneficiaries beneficiaries requested exemption. D. Must pay the the debts debts of of the ward. ward.

32.

Which of the following is true:

A. That the trustee will 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 will manage and dispose dispose of such such estate and and faithfully faithfully discharge 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 is not obliged obliged to render render upon oath a true true account account of the property property in his hands and of the management of the property. D. That at the commencement commencement of his trust he will will settle his accounts accounts in court 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 Petition filed filed by parties parties benefic beneficiall ially y interested interested.. Noti Notice ce to to trus truste tee. e. Hearing Non-pa Non-payme yment nt of of bond bond

34. The grounds for removal or resignation of trustee are the following, except: A. B. C. D. E.

35.

Removal Removal appears appears essentia essentiall in the interest interest of petitioner petitioners. s. Ins nsa anity nity Incapabi Incapability lity of of dischar discharging ging trust. trust. Unsu Unsuit itab abil ilit ity y Death

A tr trustee is necessary to to carry in into effect:

A. A will where the testator omitted to appoint a trustee in the Philippines. Philippines. B. Other written written instrument instrument where the trustee therein declines, declines, resigns, resigns, dies, dies, or is removed before accomplishment of trust. C. Only Only number number 1 is corr correct ect.. D. Both statement statements s are are correc correct. t.

36. 36. What What is the the pres presum umpt ptio ion n crea create ted d when when the the trus truste tee e negl neglec ectt to file a bond? A. B. C. D.

Implie Implied d accept acceptanc ance e of trust trust Conditio Conditional nal acceptan acceptance ce of of trust trust Resignat Resignation ion or or a decline decline to to accept accept the trust trust Waiv Waiver er of of trus trustt

37. 37. What What is the the rem reme edy of of a guar guard dian ian fr from the the or order of of re remova oval from guardianship? guardianship? A. B. C. D.

38. 38. A. B. C. D.

Motion Motion for for reconsi reconsider derati ation on Appeal Paym Paymen entt of of bon bond d Petition Petition for for review review on certio certiorari rari

Thes These e are are the the con consi side dera rati tion ons s in in app appoi oint ntin ing g gua guard rdia ians ns,, exc excep ept: t: Mora Morall c cha hara ract cter er Fina Financ ncia iall stat status us Physical Physical,, mental and and psycholog psychological ical conditi condition on Relation Relationship ship of of trust trust with the the parents parents

39. 39. Whe When doe does s th the MTC MTC los lose jur juris isd dict iction ion ove over r pro prob bate ate ca cases, testate or intestate? (Section 5, R.A.7691 “Judiciary Act of 1980”) A. The location location of the properties properties involved involved makes makes it inconvenient to try the case in the MTC. B. Assessed value of the property property involved involved exceeds Twenty Thousand Thousand Pesos (20,000.00) or, in Metro Manila, where such value exceeds Fifty Thousand Pesos (50,000.00)

C. Gross Gross value of the estate estate exceeds exceeds Three Hundred Hundred Thousa Thousand nd Pesos (300,000) or, in probate matters in Metro Manila, where such gross value exceeds Four Hundred Thousand Pesos (400,000) D. Gross value value of the estate exceeds One 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. 40. If the the dec deceden edentt is is an inha inhabi bita tant nt of the the Phil Philip ippi pine nes s at the the time time of his death, whether resident or alien, his will will shall be proved or letters of administration granted and his estate be settled in; (Sec. 1, Rule 73) A. The appropriate appropriate court court in the province in which he he resides at the time time of his death. B. The appropriate appropriate court court in any province in which he had an estate estate or property. C. The court court where the first action action was filed filed regardless regardless of the the location of  property and residence of the decedent. D. The appropriate appropriate court court in the province where where the decedent decedent willed willed his estate to be settled.

41. 41. Dece eceased X had had prop roperti rties in Makati, ati, Cebu and Canad anada. a. 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 Maka Makati ti only only B. in all the places places where the deceased deceased had properties (Makati, Cebu, Cebu, Canada) C. in Mak Makat atii and and Ceb Cebu u D. in Cebu Cebu only only

42. 42. B die died. d. A, his his dau daugh ghte ter r fil filed ed for for the the prob probat ate e of of the the will ill bef befor ore e the Court of First Instance of Malabon where B’s 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. A’s actio action, n, where where B’s property property is is located. located. B. The action filed in Quezon City where B resides prior prior to his his death. C. Whoever first first filed the probate probate of the will in any of the court may acquire acquire  jurisdiction.  jurisdiction. D. The court court first taking taking cognizance cognizance of the the settlement of the estate estate of the decedent.

43. 43. OC file iled fo for th the Pe Petitio ition n for for Prob robate of the the la last wi will and 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 heirs do not need to first secure secure appointment appointment of an administrator 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 prior determination determination by the probate court court of who who are the the rightful heirs is necessary. C. Yes, only in the absence absence of executor or administrator administrator that the heirs may be allowed to substitute for the deceased party. D. No, the court court may enjoin enjoin any representative representative to to appear before the court.

44. 44. The The fol follo lowi wing ng are are jur juris isdi dict ctio iona nall fac facts ts whic which h nee need d to to be be all alleg eged ed in the petition for allowance of the will. Which is the exception? A. Fact of the the death death of the the decedent decedent B. His residence residence at the the time of his his death in in the province province where where the probate probate court is sitting C. If he is an inhabitant inhabitant of a foreign country, country, his leaving his estate in such such province where the probate court is sitting D. A copy copy of the will will attach attached ed to the the petition petition

45. 45. When When the the marr marria iage ge is diss dissol olve ved d be the the deat death h of of the the husb husban and d or or wife. The community property shall be: A. Inventoried, administered, liquidated and the debts thereof thereof paid, paid, in the testate or intestate proceedings of deceased spouse. B. The court court may issue issue warrants warrants to compel the the necessary necessary process process of the probate proceedings. C. The court court may may appoint appoint an an administ administrato rator. r. D. The Court shall take cognizance of the settlement settlement of the the estate.

46. 46. A. B. C. D.

47. 47.

If both both part partie ies s hav have e died died,, the the con conju juga gall par partn tner ersh ship ip shal shalll be: be: liquidat liquidated, ed, partitio partitioned ned and and administe administered red liquidat liquidated ed in special special proce proceedin edings gs liquidat liquidated ed in the testate testate or intestate intestate proceedin proceedings gs of either. either. disso dis solve lved d automa automatic ticall ally y

The The Cou Court rt may may is issue warra arrant nts s and and pro proc cess ne necessary: ary:

A. to render render judgmen judgmentt in the probat probate e proceedin proceedings gs B. to effect orders orders and judgments, and all the the powers granted them them by law C. to compel the the attendance attendance of witnesses witnesses or to carry into effect their orders orders and judgments, and all other powers granted them by law D. to apprehend apprehend and put put into prison prison non-performer non-performer of an order

48. 48.

The The court ourt in the the ex exer erci cise se of its its prob probat ate e juri jurisd sdic icti tion on may: may:

A. inventory, liquidate and administer administer the property in the intestate proceedings B. render render judg judgmen mentt at anyti anytime me C. issue a warrant for for the apprehension apprehension and imprisonment imprisonment of a person if he does not perform an order of judgment rendered by the court D. compel compel attenda attendance nce of admin administr istrator ator

49. 49. The The jur juris isdi dict ctio ion n of of th the pro proba bate te cour court, t, so far far as as it it dep depen ends ds on the place of residence of the decedent, or the location of his estate, shall: A. be contested contested in a suit suit or proceeding in in an appeal appeal to higher higher court B. be contested contested in a suit suit or proceeding, in an appeal appeal from that court, court, in the original course, or when want of jurisdiction appears on the record C. not be contested contested in a suit or proceeding, proceeding, except in an appeal appeal on higher higher court, or when the want of jurisdiction appears on the record D. not be contested contested in a suit or proceeding, proceeding, except in an appeal appeal from that that court, in the original case, or when the want of jurisdiction appears on the record 50. 50. The The court ourt firs firstt tak takin ing g cogn cogniz izan ance ce of the the sett settle leme ment nt of the the estate of the decedent, shall exercise jurisdiction to the exclusion of  all other courts. Is this statement true? A. yes, the court court should should be given given the full full authority in the exercise exercise of its function B. yes, in so so far as it depends on the place place of residence residence of the decedent decedent C. no, it depend depends s on the perso person n who filed filed the actio action n D. yes, as provided provided under under Section 1, Rule 73 of the Rules of Court

51. 51. X die died. d. His His son son filed iled a pet petit itio ion n for for the the all allow owan ance ce of a wil willl mad made e by his father. Upon reading of the will, it appears that X’s 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 court may not act act on the petition petition of M since since during during probate probate proceedings, proceedings, it is limited only to passing upon the extrinsic validity of the will sought to be probated. B. The court court may pass upon the intrinsic validity of the will if it appears appears void on its face C. The court court should first pass upon the extrinsic extrinsic validity validity of the the will and and after its allowance, it is the only time when M may question its intrinsic Validity Validity D. During probate probate proceedings, proceedings, the the court looks looks into both the extrinsic extrinsic and and intrinsic validity of the will

52. 52. The The fol follo lowi wing ng are are evi evide denc nce e nec neces essa sary ry for the the rep repro roba bate te of will wills s which have been probated outside of the Philippines. Which one is not included? A. B. C. D.

Due executio execution n of the will in accor accordance dance with with the foreign foreign laws laws The testato testatorr has his his domicile domicile in the the Philippin Philippines es The will will has been admitte admitted d to probate probate in such countr country y The laws of a foreign foreign country country on procedure procedure and allowance of wills

53. 53. A per perso son n shal shalll be be pres presum umed ed dead dead if abs absent ent and and unhe unhear ard d of for for purposes of opening succession for the period of: A. B. C. D.

4 years 5 years 10 ye years 6 years

54. 54. If a perso erson n pres presum umed ed dead ead turn turne ed out out to be aliv alive e, he he shal shalll be be entitled to: A. B. C. D.

no part part in the the estate estate as it it was alrea already dy probate probated d the balanc balance e of his estate estate after after payment payment of all all his debts debts he cannot cannot recov recover er on any any part part of his his estate estate all porti portion on which which belong belongs s to him him

55. 55. The The par parti ties es may, may, with withou outt sec secur urin ing g lett letter ers s of of admi admini nist stra rati tion on,, 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, disagree, they may do so in an ordinary action of  partition, when; (Section 1, Rule 74) A. If the decedent decedent left minimal debts which may be paid in handy by the heirs.

B. If the decedent decedent left no will and no debts debts and the heirs are all of of age, or the minors are presented by their judicial or legal representatives duly authorized for the purpose. C. Whenever the the gross value of the the estate of of a deceased deceased person, whether he 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 administrator is assigned assigned by the decedent.

56.

Which statement is right?

A. If there is only one heir, he cannot cannot adjudicate adjudicate to himself himself the entire estate estate by means of an affidavit filed in the office of the register of deeds. B. If there is only one heir, he may may adjudicate adjudicate to himself the entire estate by means of an affidavit filed in court. C. If there is only one heir, he cannot cannot adjudicate adjudicate to himself himself the entire estate estate by means of an affidavit filed in court. D. If there is only one heir, he may may adjudicate adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds.

57. 57. by:

A bon bond d sha shall ll be simu simult ltan aneo eous usly ly filed iled with with the the re regist gistry ry of deed deeds s

A. The parties to an extrajudicial extrajudicial settlement, settlement, whether whether by public public instrument 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 extrajudicial settlement settlement in a pending action for partition C. when there there is a stipulation stipulation in in a pending pending action action for partition D. The parties to an extrajudicial extrajudicial settlement settlement by public public instrument instrument of affidavit I the office of the register of deeds

58. 58. A die died d inte intest stat ate e. All All his his heir heirs s are are of lega legall age age but but he he owe owed d 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 since all all the the heirs heirs are of of legal legal age. B. yes since since the heirs heirs may may opt to pay the the amount amount of debt debt to C. C. no, the one one million owed to C shall bar the extra judicial judicial settlement settlement among the heirs even if they are of legal age D. no, the one one million million pesos pesos should should be paid first first

59. 59. P die died d int intes esta tate te livi living ng his his onl only y son son D as as his his heir heir.. D adju adjudi dica cate ted d 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 himself by means means of an affidavit shall shall file it with the registry registry of deeds deeds B. The sole heir who adjudicates the entire estate to himself himself by means means of an affidavit shall be filed with the registry of deeds simultaneous with the filing of a bond C. The affidavit affidavit shall be by public public instrument instrument before before the filing filing to the registry of deeds D. The sole heir who adjudicates the entire estate to himself himself by means means of an affidavit shall be be duly signed and must must be in a public instrument instrument

60. 60. When When may may a depri eprive ved d heir heir or cred credit itor or be allo allow wed to comp compel el the the settlement of the estate in the courts for the purpose of satisfying their lawful participation? participation? A. B. C. D.

Anytim Anytime e if ther there e is frau fraud. d. Within 2 years from the approval approval of the will by the the probate court. court. Within Within 2 years from the settlem settlement ent and distribu distribution tion of the estate. estate. Anytime, as long as the will is approved by the probate probate court. court.

61. 61. X di died in 2006 an and on on the the same year year,, an an ex extra trajud judicia iciall 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 barred from filing filing his claim as it was made made beyond the the 2 year prescriptive prescriptive period allowed for the deprived heir or creditor to enforce the claim. B. M may still pursue his his claim. The The 2 year prescriptive prescriptive period applies only only against parties who had taken part in the extrajudicial proceedings, proceedings, but not against third persons not parties to it. C. A deprived creditor, regardless regardless if he had knowledge of the settlement settlement or not, may pursue his claim at any time since it is considered as a vested right. D. The prescriptive prescriptive period in this case is 10 years since since the cause of action is based on a contract.

62. 62. The The chil childr dren en of D on his his firs firstt marr marria iage ge foun found d out out afte after r sixt sixty y years that the children of D on the second marriage had an extra  judicial partition partition of the only property property of D located located in San 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 part of the the first children children shall shall bar annulment of the partition B. No prescription prescription shall shall lie in favor of a co-owner or co-heirs, in so far as his share is concerned. C. Yes. The The two year prescr prescripti iptive ve period period shall apply. apply. D. No. Absence Absence of notice notice on the other party party should be considered considered 63. AJ bought a property from co-heirs B, F and D. Thereafter, the coheirs made a publication of the Extra Judicial Settlement. 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 publication required for extra extra judicial judicial settlement was made made without the consent of the other heirs. B. Yes. The The transaction transaction occurred occurred after partition so the co-owners could validly dispose of their shares C. Yes. Written Written Notice of sale though though not sent, was cured by the actual knowledge of sale D. No. Publication was made after the partition partition not before before it was partitioned partitioned as required in Rule 74, Section 1.

64.

Which among the statement is not correct?

A. The court court may proceed proceed summarily, summarily, withou withoutt the appointment appointment of an executor or administrator, 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 having jurisdiction jurisdiction of of the estate estate by the petition petition of an interested 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 summary settlement of estate may determine determine who the persons 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 after finding finding that that that the heirs 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. 65. With Within in two ye years afte fter set settl tle ement ment and distr istriibut bution ion of of an 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 compel the settle settlement ment of of the estate estate in in courts courts file file an actio action n for part partiti ition on collect collect the the proport proportiona ionall amount amount due him him file a collecti collection on for for sum sum of money money

66. 66. If withi thin 2 yea years, rs, it it sha shall ll app appear that that the there are are de debts outstanding against the estate which has not been paid. The court having jurisdiction of the estate: A. by order, order, after hearing, settle the amount of such debts debts or lawful participation and order how much and in what manner each distributes shall contribute in the payment thereof  B. the court court may may decide decide ex parte parte on the the motion motion C. the court may order or issue execution against against the bond bond without without hearing D. the court court may order order annulment annulment of the extra judicial settlement

67. 67. A min minor or or ment mental ally ly inca incapa paci cita tate ted d perso erson, n, or is in pris prison on or outside the Philippines may file his claim against the estate: A. B. C. D.

within within two years years only only Within Within two years years after the the extra judicial judicial settle settlement ment cannot cannot claim anymor anymore e after expirati expiration on of the two year year period period after the expiration of of the two year period, period, within one year after after such disability is removed

68. 68. X di died, ed, liv livin ing g a wil willl wh which ich sta state tes s tha thatt Ma Mario rio sh shall all re receive ive 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 pass either real or personal personal estate estate unless it is proved proved and allowed in the proper court. B. Yes, due due to its small small amount amount the court court will not take take notice notice of it C. Yes, provi proving ng in court court a small small amount amount is a waste waste of time time D. No. allowance allowance in court is necessary to avoid confusion.

69. 69. The The pe person rson who who has has custo ustod dy of of a will after ter he he kn know ows s of of th the death of the testator shall deliver the will to the court: A. with within in 10 10 days days

B. with within in 15 days days C. with within in 30 days days D. with within in 20 days days

70. 70. Afte After r know knowin ing g the the death eath of the the test testat ator or the the name named d ex exec ecut utor or shall: A. B. C. D.

within 30 days present the within 15 days present the within 20 days present the within 10 days present present the

71. 71. A. B. C. D.

will to will to will to will will to

the court the court the court the court

having having having having having having having having

jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction jurisdiction

Afte After r kno know wing ing tha thatt he he is name named d exe execu cuto tor r in in the the will will,, he he shal shall: l: signify signify signify signify

to the to the to the to the

court in court in court in court in

writing writing writing writing writing writing writing writing

his his his his

acceptance acceptance acceptance acceptance acceptance acceptance acceptance acceptance

or refusal or refusal or refusal or refusal

within within 20 days within within 30 days within within 15 days immediately immediately

72. 72. A per perso son n who who negl neglec ects ts the the duti duties es requ requir ired ed in noti notify fyin ing g the the court as an executor within the prescribed period shall: A. B. C. D.

73.

be be be be

fined fined at the the court’s court’s dis discreti cretion on charg charged ed with with conte contempt mpt of of court court fined fined not exceed exceeding ing two two thousan thousand d pesos pesos arrest arrested ed without without court court order order

The court in in a pr probate proceeding may:

A. order the person having having custody custody of the will to deliver deliver the same same without any consequence B. order the arrest of the person person having custody custody of the will, if he fails fails to deliver it without reasonable cause C. fine the person person respons responsible ible person person without without hearing hearing D. go on with with the proceeding proceeding even even with the the absence of the will will

74. A. B. C. D.

Who may petition the probate of a will? exec execu utor tor devisee devisee or or legatee legatee named in the the will will any other other person person with with intere interest st therein therein all all of the the abov above e

75. 75. A re return turn of a wri writt of of habe habeas as corp corpus us is cons consid ider ered ed prim prima a fac facie ie evidence of the cause of the detention if: A. made made by a publi public c offic officer. er. B. made made by a priva private te pers person. on. C. the detenti detention on is pursua pursuant nt to a warrant warrant of arres arrest. t.

76. 76. Whe When a pe person rson is detain tained ed by a privat ivate e pe person rson,, th the wr writ of  habeas corpus is directed: A. B. C. D.

to the the said said priva private te perso person. n. to an an offic officer er of of the the law. law. to any any person person desig designate nated d by the the court. court. none none of of the the above. above.

77. 77. Habe abeas Cor Corpus is issued ued by by th the Re Regiona ionall Tri Tria al Cou Cour rt (R (RTC) is enforceable enforceable only in: A. the territor territorial ial jurisdi jurisdictio ction n of the RTC that that issued issued it. B. the place place where where the perso person n is actually actually detaine detained. d. C. in the judicial judicial region region to which which the RTC RTC that issued issued it pertains. pertains. D. none none of of the the above. 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 d days ays from notice notice of judgment judgment.. 30 d days ays from notice notice of judgment judgment.. 5 days days from notice notice of of judgme judgment. nt. 48 hours hours from from notic notice e of judgm judgment. ent.

Who ma may no not gr grant a writ of of ha habeas corpus? Any Regional Regional Trial Trial court court judge judge The court court of of tax appeal appeals s or any any members members thereo thereof  f  The court court of of appeals appeals or or any member member there thereof  of  The Supre Supreme me Court Court or any any member member thereof  thereof 

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

C. Where the petitioner has been unable to establish by the evidence evidence to be be entitled to the custody of the minor on account of mistaken identity. D. Where the lower court court had no jurisdiction jurisdiction to impose impose the sentence. sentence.

81. 81. Doro Doroth thy y fil filed ed a pet petit itio ion n for for wri writt of of hab habea eas s corp corpus us agai agains nstt her 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 than 2 days after receipt receipt of the decision granting granting the petition. B. No, since he filed it more than than 2 days after receipt receipt of the order denying denying his motion for reconsideration. C. Yes, since since he filed it within 15 days from receipt receipt of the denial of his motion for reconsideration. reconsideration. D. Yes, since he he filed it within within 7 days from from receipt of the the denial of his motion for reconsideration. reconsideration.

82. 82. In whic which h of of the the foll follow owin ing g inst instan ance ces s is the the qua quant ntum um of evid eviden ence ce ERRONEOUSLY applied? A. B. C. D.

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

83. 83. What What is the the righ rightt cor corre rela lati tion on betw betwee een n a crimi rimina nall act actio ion n and and a petition for Writ of Amparo both arising from the same set of facts? A. When the criminal action action is filed after the Amparo petition, the the latter shall shall be dismissed. B. The proceedi proceeding ng in an Amparo Amparo petition petition is crimina criminall in nature. nature. C. No separate separate criminal action may be be instituted after an Amparo Amparo petition petition is filed. D. When the criminal criminal action is is filed after the Amparo petition, petition, the latter shall be consolidated with the first.

84. 84. Alex Alex file filed d a peti petiti tion on for for wri writt of of amp ampar aro o aga again inst st Melba elba rela relati tive ve 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. whereabouts. What is the

quantum of evidence required to establish the parties' respective claims? A. B. C. D.

For Alex, Alex, probable probable cause; cause; for Melba, substa substantia ntiall evidence. evidence. For Alex, preponderance preponderance of evidence; evidence; for for Melba, substantial substantial evidence. For Alex, proof beyond beyond reasonable reasonable doubt; doubt; for Melba, ordinary ordinary diligence. diligence. For both, both, substanti substantial al evidenc evidence. e.

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. respondents. Place Place of residenc residence e of the aggriev aggrieved ed party party only. only. Place of residence of the petitioner who is not aggrieved aggrieved party. party. Place where where the threat, threat, act or omission was was committed or any of of its elements occurred.

86. 86. Unde Under r the the Rule Rules s on the the Writ Writ of Ampa Amparo ro,, inte interi rim m reli relief ef orde orders rs may be issued by the Court except: A. prod produc ucti tion on orde order; r; B. witnes witness s protect protection ion order order;; C. hold hold depa departu rture re ord order; er; D. temporary temporary protecti protection on order order.. 87. 87. A and and B adop adoptted the their nep nephew hew. The They y fil file ed an ac action tion 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 advise A and and B to just just disinh disinherit erit the the nephew. nephew. disall dis allow ow the the revoca revocatio tion. n. refer refer the the petiti petition on to the the DSWD. DSWD. grant grant the petit petition ion after after heari hearing. ng.

88. 88. A ju judge of of an an MT MTC ca can he hear and and dec decid ide e pe petiti tition ons s for for habe abeas corpus or applications for bail where: A. the Suprem Supreme e Court Court authori authorizes zes the the MTC. MTC. B. the judge judge is the Executi Executive ve Judge Judge of the the MTC. C. the judge of the RTC RTC where the case is raffled has retired, retired, was dismissed or had died. D. in the absence absence of all the RTC RTC Judges in the province province or city.

89. 89. Stat Statem emen entt 1. 1. The The om omni nibu bus s wai waive ver r rul rules es state tates s tha thatt all all defe defens nses es 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 Both statem statement ents s are corr correct ect.. Only Only Statem Statement ent 1 is is corre correct ct.. Only Only Statem Statement ent 2 is is corre correct ct.. Both statement statements s are are incorre incorrect. ct.

90. 90. Stat Statem emen entt 1. 1. All All lega legall tie ties s bet betw ween een the the biol biolog ogic ical al pare parent nts s and 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 Both statem statement ents s are corr correct ect.. Only Only Statem Statement ent 1 is is corre correct ct.. Only Only Statem Statement ent 2 is is corre correct ct.. Both statement statements s are are incorre incorrect. ct.

91. 91. Stat Statem emen entt 1. 1. In In habe habeas as corpu orpus s case cases, s, the the judg judgme ment nt in favo favor r of  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 Both statem statement ents s are corr correct ect.. Only Only Statem Statement ent 1 is is corre correct ct.. Only Only Statem Statement ent 2 is is corre correct ct.. Both statement statements s are are incorre incorrect. ct.

between a criminal action and a 92. What is the right correlation between petition for Writ of Habeas Data both arising from the same set of  facts? (2011 Bar Question, modified) A. When the criminal criminal action action is filed after after the Habeas Data Data petition, petition, the latter shall be dismissed. B. The proceedi proceeding ng in a Habeas Habeas Data petitio petition n is criminal criminal in nature. nature. C. No separate separate criminal criminal action may be instituted after a Habeas Data Data petition is filed. D. When the criminal criminal action action is filed after after the Habeas Data Data petition, petition, the latter shall be consolidated with the first.

93. Juliet fil filed a petition for for wri writ of ha habeas dat data aga against the employer of husband, Romeo. Romeo. The court denied denied the petition. petition. Juliet filed a notice of appeal seven days from receipt of the order denying her her mo moti tion on for for reco recons nsid ider erat atio ion. n. Did Did she she file file a time timely ly noti notice ce of  appeal?

A. No, since since he filed it more more than 5 working working days after receip receiptt of the decision decision granting the petition. B. No, since since he filed it more more than than 5 workin working g days after after receipt receipt of the order order denying his motion for reconsideration. C. Yes, since since he filed it within within 15 working working days days from receipt receipt of the denial denial of  his motion for reconsideration. D. Yes, since he he filed it within within 7 working days from receipt receipt of the denial denial of his motion for reconsideration. reconsideration. 94. 94. Whic Which h sta state tem ment(s t(s) is is / are are tr true abou aboutt th the Wri Writt of of Hab Habe eas Data? A. It is a remedy available available to any person whose whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission B. It is applicable applicable in cases of extralegal killings killings and and enforced disappearances disappearances C. The unlawful unlawful act or omission may may be committed committed by a private private individual individual or entity engaged in the gathering, collecting or storing of data or information regarding regarding the person, family, home and correspondence correspondence of  the aggrieved party D. A & B on only E. All All of of the the abov above e 95. Gerald filed a petition for writ of Amparo against Michael relative to his daughter Jane’s involuntary disappearance. 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 Jane’s disappearance and that he took steps to ascertain Jane’s whereabouts. What is the quantum of evidence required to establish the parties' respective claims? (2011 Bar Question, modified) A. For Alex, Alex, probable probable cause; cause; for Melba, substa substantia ntiall evidence. evidence. B. For Alex, preponderance preponderance of evidence; evidence; for for Melba, substantial substantial evidence. C. For Alex, proof beyond beyond reasonable reasonable doubt; doubt; for Melba, ordinary ordinary diligence. diligence. D. For both, both, substanti substantial al evidenc evidence. e. 96. 96. Who Who am among ong th the fol follo low wing ing may may file ile the the petiti tition on for Writ rit of  of  Habeas Data? A. only the aggrieved aggrieved party party because because the right to privacy is a personal personal right right B. the State State in in case case of extra extralega legall killings killings C. the entity engaged in the gathering, gathering, collecting collecting or storing storing of data or information regarding the person D. any member of the immediate family of the aggrieved aggrieved party party in cases of  extralegal killings E. All All of of the the abov above e

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 where the petiti petitioner oner or or responden respondentt resides resides B. RTC where where the the petitio petitioner ner resides resides

C. RTC with jurisdiction jurisdiction over the place where the data is gathered, collected, collected, or stored D. Supreme Court Court or Sandiganbayan Sandiganbayan or CA or any justice justice thereof, if the action concerns public data files of government offices. E. None None of the the abo above ve

98.

Where is the Writ of Habeas Data returnable?

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

99.

A Writ of Habeas Data which is issued by a judge of Regional Trial Court shall be enforceable: A. B. C. D. E.

anywh anywhere ere in in the Phili Philippi ppines nes at the place place where where the petitione petitionerr or responden respondentt resides resides at the place place where where the the court court has jurisdi jurisdictio ction n at the place place where the the data or or information information is gathered, gathered, collected collected or stored stored None None of the the abo above ve

100. 100. Of the the fol follo lowi wing ng vio viola lati tion on of of rig right hts, s, whic which h one one is is app appli lica cabl ble e to to all writs, i.e. habeas corpus, amparo, & habeas data?

A. actual violation of aggrieved party’s rights B. an actual or threatened violation of aggrieved party’s rights C. threatene threatened d violation violation of aggriev aggrieved ed party’s party’s rights rights D. All All of the the abov above e E. None None of the the abo above ve

101. 101. STAT STATEM EMEN ENT T 1: 1: No dock docket et and and oth other er lawf lawful ul fees fees shal shalll be 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 Both state statemen ments ts are are false. false. Both Both state statemen ments ts are are true. true. Only Only state statemen mentt 1 is true true Only Only statem statement ent 2 is is true. true. Both Both are are neithe neitherr true true nor fals false. e.

102. 102. If date date and and tim time e of of hea heari ring ng for for a peti petiti tion on for for Hab Habea eas s Cor Corpu pus s is 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.

C. D. E.

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 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 later than 7 days days from the date date of issuance issuance of both both writs writs Within Within 10 days from from date of issuan issuance ce of the writs writs None None of the the abo above ve

103. 103. If the the cou court rt issu issues es a Wri Writt of of Hab Habea eas s Dat Data, a, who who sho shoul uld d fil file e the the return?

A. Officer by whom the prisoner is imprisoned or the person in whose custody the prisoner is found B. The The resp respon onde dent nt directed C.  The person to whom it is directed D. Private individual individual or entity engaged engaged in the gathering, collecting or storing storing of data or information regarding the person, family, home and correspondence correspondence of the aggrieved party E. Offi Office cerr of the the Cou Court rt

104. Karlo, who was directed by the RTC Judge through the issuance of  Writ of Habeas Data, failed to file a verified written written return within the prescribed period without any justifiable reason. What are the consequences of his refusal to obey the writ? A. None because because he can file a motion motion for extension of period in filing the the return. B. Forfeit the sum of Php1000 Php1000 to the the party aggrieved, aggrieved, and may be punished punished for contempt. C. Imprison Imprisonment ment or fine fine for commit committing ting contemp contempt. t. D. None since the court can proceed to hear the petition ex parte. E. Both B & C 105. 105. The The pet petit itio ion n for for Writ Writ of Habe Habeas as Data Data cont contai ains ns the the fol follo lowi wing ng pertinent information, except: A. The persona personall circumsta circumstances nces of petition petitioner er or responden respondent. t.

B. The manner manner the right right to privac privacy y is violated violated or threaten threatened ed and how it affects the right to life, liberty or security of the aggrieved party. C. The actions actions and recourses recourses taken taken by the petitioner to secure the data or or information. D. The location location of the files, registers registers or databases, databases, the government government office, and the person in charge, in possession or in control of the data or information, information, if known. E. The relief reliefs s pray prayed ed for. for.

106. 106. Upon Up on issu issuan ance ce of the the Wri Writt of of Hab Habea eas s Dat Data, a, when when shou should ld it be served? A. B. C. D. E.

107. 107.

It shall shall be served served within within three three (3) days from from its issuanc issuance e Immediate Immediately ly upon upon issuanc issuance e of the the writ writ Not later than ten (10) (10) working working days from from the date of its issuance Within Within 48 hours hours upon upon issuan issuance ce Not later later than seven seven (7) workin working g days from from the date of issuanc issuance e

How shou should ld the the Wri Writt of of Hab Habea eas s Data Data be serv served ed? ?

A. The writ is served thru personal personal service service or through through substituted substituted service service if  writ cannot be served personally personally B. If respondent is not found, it is served upon the person having custody of  the person C. In any any practi practical cal and and fastes fastestt means means D. A & B E. All All of of the the abov above e

108. 108. A wan wants ts to file file a Pet Petit itio ion n for for Writ Writ of Habe Habeas as Data Data agai agains nstt the 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 his petition with: (2012 Bar Question) A. B. C. D. E.

RTC RTC where where AFP is loca located ted;; RTC where where Sgt. Sgt. S Santo antos s resid resides; es; Supr Suprem eme e Cour Court; t; Court Court of Appeal Appeals. s. None None of the the abo above ve

109. 109. Whic Which h of of the the foll follow owin ing g is is not not a Spe Speci cial al Proc Procee eedi ding ng? ? (20 (2012 12 Bar Bar Question) A. B. C. D. E.

Eschea heat; Change Change of Firs Firstt Name; Name; Consti Constitut tution ion of of Family Family Home; Home; None None of of the the abov above e Abs bsen ente tees es;;

110. 110. The The fol follo lowi wing ng are are pro prohi hibi bite ted d ple plead adin ings gs in fili filing ng peti petiti tion on for for Writ of Habeas Data, except: A. Moti Motion on to dis dismi miss ss B. Motion for extension of time to file opposition, opposition, affidavit, affidavit, position position paper and other pleadings C. Counte Countercl rclaim aim or cross cross-cl -claim aim D. Reply E. Petition for certiorari, mandamus or prohibition

111. 111. Myrn Myrna a fil filed ed a pet petit itio ion n for for Writ Writ of Habe Habeas as Data Data and and hea heari ring ng of  which proceeded afterwards. How long does the Court have in deciding the petition? A. B. C. D. E.

Seven Seven (7) (7) work working ing days days Seve Seven n (7) (7) days days Ten (10) (10) wor workin king g days days Ten Ten (10 (10)) day days s Imme Immedi diat atel ely y

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 be enforced enforced by the sheriff or any lawful officer? officer? A. B. C. D. E.

Five Five (5) (5) workin working g days days Five Five (5) (5) day days s Seven Seven (7) (7) work working ing days days Ten Ten (10 (10)) day days s Ten Ten (10) (10) wor worki king ng day days s

113. 113. Upon Up on fina finali lity ty of the the ord order er issu issued ed by the the cou court rt in favo favor r of of Mar Marti tin n 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 Five (5) (5) workin working g days days Five Five (5) (5) day days s Seven Seven (7) (7) work working ing days days Ten Ten (10 (10)) day days s Ten Ten (10) (10) wor worki king ng day days s

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. Roco’s denial of the allegations?

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

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

115. The hearing on the petition for Writ of Habeas Data shall be summary in nature. nature. May the court call for for a preliminary preliminary conference? A. No, becaus because e the hearing hearing is is summary summary in in nature. nature. B. No, because because prelimin preliminary ary conferenc conference e is superfluou superfluous. s. C. Yes, for the court to simplify the issues and determine determine the possibility possibility of  obtaining stipulations and admissions from the parties. D. Yes, becaus because e it would be discr discretion etion by the the court. court.

116. 116. When When a cri crimi mina nall act actio ion n is is fil filed ed subs subseq eque uent nt to the the fil filin ing go off a petition for the writ of Habeas Data, the latter shall be consolidated with the the criminal criminal action. action. Will filing filing of the writ writ subsequent subsequent to a criminal action result to a consolidation consolidation as well? A. No, No, beca becaus use e the the proc procee eedi ding ng in an Habe Habeas as Data Data peti petiti tion on is crim crimin inal al in nature. B. No, because because separa separate te petition petition for the the writ shall shall not be filed, filed, but the reliefs reliefs under the writ shall be available motion in the criminal case. C. Yes, because because filing of criminal action action does not not preclude preclude filing of a separate separate petition. D. Yes, Yes, becaus because e when when the crimi criminal nal action action is filed filed before before the Habeas Habeas Data petition, the latter shall be consolidated consolidated with the first. 117. 117. Wher Where e wil willl you you appe appeal al the the jud judgm gmen entt of of RTC RTC deny denyin ing g a peti petiti tion on for Writ of Habeas Data? A. Supr Suprem eme e Cour Courtt B. Cour Courtt of Ap Appe peal als s C. Sand Sandig igan anba baya yan n D. An Any y of of the the abov above e 118. 118. In fili filing ng for for pet petit itio ion n for for chan change ge of name name,, whi which ch cour courtt has has the the  jurisdiction? A. RTC of the the province where the petitioner has has been residing residing for for 3 years prior to the filing of the petition. B. RTC of the the province where the petitioner has has been residing residing for for at leas a year prior to the filing of the petition. C. Local Civil Registrar of the province province where where the petitioner petitioner has been residing residing for 3 years prior to the filing of the petition. D. Local Civil Registrar of the province province where where the petitioner petitioner has been residing residing for at least a year prior to the filing of the petition. 119. 119. If the the pet petit itio ion n fil filed ed for for cha chang nge e of of nam name e is is suf suffi fici cien entt in in for form m 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 once a week for at least least once a week for three three (3) successive successive weeks in some newspaper of general circulation published in the province B. For three (3) successive successive weeks in some newspaper of general circulation published in the province C. At least three (3) (3) successive successive weeks in some newspaper of general general circulation published in the province D. For three (3) consecutive consecutive weeks in some newspaper newspaper of of general circulation circulation

120. 120. Upon Up on com compl plia ianc nce e wit with h the the pub publi lica cati tion on requ requir irem emen entt for for pet petit itio ion n for change of name, when should the hearing be set? A. Not within thirty (30) days prior to an election election nor within four four (4) month month after the last publication of the notice. B. Not within thirty (30) days prior to an election election nor within six (6) months after the last publication of the notice. C. Within Within thirty thirty (30) days days after after publica publication tion D. Anytime Anytime at the the discret discretion ion of the Court Court 121. 121. The The fol follo lowi wing ng subj subjec ectt mat matte ters rs are are cov cover ered ed by Rule Rule 108 108 of of the 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 Change of surname surname or or full full name name E. None None of the the abo above ve

122. 122.

The The fol follo low wing ing sub subje jec ct matt matter ers s are are cov cover ered ed by RA 9048 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 Change in the the entries entries of Birth Birth Certifi Certificate cate D. Change Change of surname surname or or full full name name E. None None of the the abo above ve

123. 123. This This par parti ticu cula lar r Rule Rule or enac enactm tmen entt requ requir ires es the the per perso son n des desir irin ing g to change his name to file the petition: A. B. C. D.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

124. 124. This This part partic icul ular ar Rule Rule or enac enactm tmen entt requ requir ires es summ summar ary y proceeding: A. B. C. D.

125. 125. A. B. C. D.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

This This par parti ticu cula lar r Rule Rule or or enac enactm tmen entt requ requir ires es jud judic icia iall proc procee eedi ding ng:: Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

126. 126. This This part partic icul ular ar Rule Rule or enac enactm tmen entt req requi uire res s adm admin inis istr trat ativ ive e proceeding: A. B. C. D.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

127. 127. Natu Nature re of the the proc procee eedi ding ng unde under r thi this s part partic icul ular ar Rule Rule or enactment converts the proceeding from being summary in nature to an adversarial proceeding: A. B. C. D.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

128. 128. This This part partic icul ular ar Rule Rule or enac enactm tmen entt req requi uire res s fil filin ing g of of a sign signed ed and verified petition: A. B. C. D.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

129. 129. In what what lega legall for form m shou should ld you you fil file e whe when n you you make make use use of RA 9048 as your basis for change or correction of entries? A. Signed Signed and and verified verified petition petition:: B. Veri Verifi fied ed peti petiti tion on C. Affid ffida avit vit D. All All of the the abov above e 130. 130. The The law law (RA (RA 904 9048) 8) requ requir ires es publ public icat atio ion n of of Affi Affida davi vitt for for correction first name due to clerical errors for:

A. For three (3) successive successive weeks in some newspaper of general circulation published in the province B. At least three (3) (3) successive successive weeks in some newspaper of general general circulation published in the province C. For two (2) (2) consecutive consecutive weeks in some newspaper newspaper of general circulation circulation D. Once a week week for two (2) consecutive consecutive weeks in some newspaper newspaper of general general circulation

131. 131. This This part partic icul ular ar Rule Rule or enac enactm tmen entt req requi uire res s post postin ing g of the 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 the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 All All of the the abov above e

132. 132. It is the the Civ Civil il Re Regi gist stra rar r who who part partic icip ipat ates es in beha behalf lf of the the government whenever a petition is brought forth under this/these rule(s) or enactment: enactment: A. B. C. D. E.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 A&B B&C

133. 133. Mari Marian an Kube Kubeta ta file filed d a peti petiti tion on to chan change ge his his firs firstt nam name e "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 since such such dismissal dismissal with prejud prejudice ice is mandator mandatory. y. B. No, since since the rule on dismiss dismissal al of action action upon the plaintif plaintiff’s f’s notice notice does not apply to special proceedings. proceedings. C. No, since since change change of name does not involve involve public public interes interestt and the rules should be liberally construed. D. Yes, since the the rule on dismissal dismissal of action action upon the plaintiff’s plaintiff’s notice notice applies and the two cases involve a change in name. 134. 134. It is is the the Off Offic ice e of of the the So Soli lici cito tor r Gene Genera rall or the the pro prope per r pro provi vinc ncia iall 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 the Rules Rules of of Court Court

B. C. D. E.

Rule 108 of the the Rules Rules of of Court Court RA 9048 A&B B&C

135. 135. What What spec specif ific ic rule rule or law law wil willl you you use use if if you you wish wish to use use you your r 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 the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 A&B B&C

136. 136. The The fol follo lowi wing ng are are gro groun unds ds for for cor corre rect ctio ion n of of nam name e und under er Rule Rule 103 of the Rules of Court, except: A. First Name Name or Nick name is ridiculous, ridiculous, tainted with with dishonor, dishonor, and and extremely difficult to write or pronounce B. Consequen Consequence ce of of change change of statu status s C. Necessit Necessity y to to avoid avoid confu confusion sion D. Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage E. None None of the the abo above ve

137. 137. STAT STATEM EMEN ENT T 1: When When canc cancel ella lati tion on or corr correc ecti tion on of an entr entry y 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 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 Both state statemen ments ts are are false. false. Both Both state statemen ments ts are are true. true. Only Only state statemen mentt 1 is true true Only Only statem statement ent 2 is is true. true. Both Both are are neithe neitherr true true nor fals false. e.

138. 138. STAT STATEM EMEN ENT T 1: The The civi civill regi regist stra rar r and and any any pers person on havi having ng 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 Both state statemen ments ts are are false. false. Both Both state statemen ments ts are are true. true. Only Only state statemen mentt 1 is true true Only Only statem statement ent 2 is is true. true. Both Both are are neithe neitherr true true nor fals false. e.

139. 139. Sinc Since e Gra Grade de I, you you hav have e bee been n usi using ng the the fir first st name name Mari Mariah ah but but upon securing a copy of your Birth Certificate from NSO, you discovered that your first name name is spelled out as Maria. You wish to continue using using Mariah as your first first name. Under what what rule or law would you adopt to proceed with your petition? A. B. C. D. E.

Rule 103 of the the Rules Rules of of Court Court Rule 108 of the the Rules Rules of of Court Court RA 9048 A&B B&C

140. 140. How How and and whe where re do you you app appea eall for for an unfa unfavo vora rabl ble e deci decisi sion on issued by the Local Civil Registrar for petition for correction of first name due to clerical errors? A. B. C. D.

Court Court of Appeal Appeals s via via Rule Rule 43 Civil Civil Registrar Registrar General, General, then then to Court Court of Appeals Appeals via Rule Rule 43 Suprem Supreme e Court Court via via Rule Rule 45 45 Suprem Supreme e Court Court via via Rule Rule 65

141. 141. How How and and whe where re do you you app appea eall for for an unfa unfavo vora rabl ble e deci decisi sion on issued by the RTC for petition for change of name? A. B. C. D.

142. 142. A. B. C. D.

143. 143.

Court Court of Appeal Appeals s via via Rule Rule 43 Civil Civil Registrar Registrar General, General, then then to Court Court of Appeals Appeals via Rule Rule 43 Suprem Supreme e Court Court via via Rule Rule 45 45 Suprem Supreme e Court Court via via Rule Rule 65

Whic Which h is corr correc ect? t? The The allo allowa wanc nce e of a will will is: is: not concl conclusiv usive e as to to its due execut execution. ion. conclusi conclusive ve as to its its due due executi execution. on. conclusive as to the validity validity of the dispositions dispositions made therein. therein. not conclusi conclusive ve on on anyth anything. ing.

The The pet petit itio ion n for for the the all allow owan ance ce of a wil willl may may not not be be fil filed ed by: by:

A. the testat testator or himself himself durin during g his lifet lifetime ime B. the the exe execu cuto torr C. the devis devisee/ ee/ legate legatee e

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

144. 144. A wil willl pro prove ved d and and allo allowe wed d in in a fore foreig ign n cou count ntry ry may may be be all allow owed ed in the Philippines if: A. It was proved proved and allowed in accordance accordance with the laws laws of such foreign foreign country. B. The will will was was executed executed in in the Philip Philippines pines.. C. The will will was execut executed ed in such such foreign foreign countr country. y. D. None None of of the the above. above.

145. 145. A. B. C. D.

Whic Which h is is not not corr correc ect? t? A spe speci cial al admi admini nist stra rato tor r has has the the pow power er to to:: Commence Commence and and maintain maintain suits suits as as administr administrator ator.. Take posses possession sion of the the estate estate of the decea deceased. sed. Sell any any property property of the estate estate withou withoutt court author authority. ity. Pay the debts debts of the decease deceased d upon order order of the court. court.

146. 146. The The ac action tions, s, whic which h may may be filed iled agai agains nstt an an ex execut ecutor or or administrator, do not include: A. B. C. D.

147. 147. A. B. C. D.

recovery recovery of real real or personal personal proper property ty from the estate. estate. recovery recovery of an an interest interest in in such such property. property. enforcem enforcement ent of a lien on on such such propert property. y. recovery of a loan evidenced evidenced by a promissory promissory note signed signed by the decedent.

The The per perio iod d of of app appea eall fro from m an an ord order er in a spe speci cial al proc procee eedi ding ng is: is: 15 days from from notice, notice, if no motion motion for recon reconsider sideratio ation n is filed. filed. 15 days from notice notice of denial of a motion motion for reconsideration. reconsideration. 30 day days s from from not notic ice e none none of of the the above. above.

148. 148. A hol holog ogra raph phic ic will will whic which h is is con conte test sted ed may may be be all allow owed ed when when its its authenticity is proven by: A. B. C. D.

one (1) (1) witness witness who who saw the the testator testator write write and sign sign it two (2) witnes witnesses ses who who saw the the signing signing thereo thereof  f  three (3) witnesses who declare declare that they saw the testator testator sign it three (3) witnesses who know the handwriting handwriting of the the testator explicitly declare that the will and the signature thereon are in the handwriting of  the testator

149. 149. One One of of tho those se acti action ons s can canno nott be be bro broug ught ht agai agains nstt an an exe execu cuto tor r or or administrator: A. To recover recover real or personal personal property property from the estate estate of the the decedent B. To enforce enforce a lieu or such such real real or personal personal proper properties ties..

C. To recover recover damages damages for an injur injury y to person person or property property D. To recover money, debt or interest interest therein from the estate estate of the the decedent.

150.

A probate court can:

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

PART II. ESSAY 

1. In a petition petition with Cavite Cavite RTC for the removal removal of parenta parentall authority 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 jurisdiction of a co-equal and coordinate 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 intestate proceed proceedings ings of X, deceased deceased,, the court appointed 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 X’s only heir. How should the court resolve X’s petition? A: Court should deny Z’s 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 ex extr traj ajud udic icia iall part partit itio ion n amon among g a dece deceas ased ed inte intest stat ate’ e’s s heir heirs s voided upon discovery of the existence at the time of an unpaid estate debt? A: No. The unpaid creditor’s remedy is to ask for administration within the 2 year period. 4. What What is it that that a regu regula lar r admi admini nist stra rato tor r can can do whic which h a spec specia iall 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 intestat intestate e proceedin proceedings gs of D. D’s administra administrator tor deni denied ed liab liabil ilit ity y and and coun counte terc rcla laim imed ed agai agains nstt X. X’s X’s clai claim m was was disallowed.Does the probate court still have jurisdiction to allow the claim of D’s 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 court’s jurisdiction to allow set off  against him. 6. A was married married twice, twice, having had had 4 children children by his first marriag marriage e 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 his fath father er.. The The peti petiti tion on was was grou ground nded ed on the the latt latter er’s ’s alle allege ged d inca incapa paci city ty to mana manage ge and and dire direc ct his his finan inanci cial al affa affair irs s due due to dete deteri rior orat atio ion n of his his ment mental al facu facult ltie ies s on acco accoun untt of illn illnes ess s and and advanced age. The petitioner caused the annotation of lispendens 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 guardianship case so as to give give cons constr truc ucti tive ve noti notice ce to all all part partie ies s who who may may deal deal with with the the prop proper erty ty 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. Esche Escheat at proce proceed eding ings s were were initia initiated ted praying praying that the estate 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 due hearing at which which H presents evidence which to the court indubitably establishes her heirship, can the court court deny the escheat escheat petition petition,, declare declare H to be D’s 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 D’s estate for which the proper petition must be filed and the proper parties notified. Hence, the court has no  jurisdiction  jurisdiction to distribute distribute and award the estate to H in the escheat proceedings. 8. X file iled a mo moti tio on in the the guard uardia ian nship proc proce eedings ings of W, the the incompet incompetent ent ward, ward, to recove recover r title title and possess possession ion to a parce parcell of  land in the possession of the guardian for the ward. How should the guardianship guardianship court resolve X’s motion? A: X’s motion should be denied. Guardianship proceedings are concerned solely with the ward’s care and custody and the proper administration or manage managemen mentt of his proper propertie ties. s. Confli Conflicts cts regar regardin ding g owners ownership hip or title title to

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

9. May May a proba probate te court court issue issue a writ writ of ex exec ecuti ution on for the payment payment of  estate debts? A: Only if the heirs, devisees and legatees have entered into possession of  thei theirr resp respec ecti tive ve port portio ions ns in the the esta estate te prio priorr to paym paymen entt of debt debts s and and expenses of administration, in which case the probate court may order the heirs, heirs, devisees devisees and legatees legatees to contribut contribute e to the payment payment and may issue execution if circumstances circumstances require. Otherwise, the proper 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 extra ex trajud judic icial ial settle settlemen mentt of his estat estate e among among his heirs heirs their their only only option for settling it? A: No. The heirs can opt for judicial partition under rule 69. Unless necessary bec becaus use e they they canno nnot agr agree as to the comp ompositio ition n of the the esta estate te,, administration administration proceedings cannot be resorted to. 11. 11. Can a spe spec cial adm admini inistrat trator or be su sued by by an an uns unsecured ured cred redito tor r of the deceased? A:  Yes. There is no prohibition against making this special administrator administrator a defendant in a suit against the estate. Otherwise, the statute of limitations woul would d run run agai agains nstt the the cred credit itor or wher where e the the appo appoin intm tmen entt of a regu regula larr administrator 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. 13. Is the there any any way for for a cre cred ditor itor who has has faile iled to to fil file e his his claim aim within the period allowed by the statute of non-claims, to realize on his claim? A: Yes, the creditor creditor may set forth his claim as a counterclaim counterclaim in any action action an administrator 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 proceeding whereby whereby the real and personal personal property 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 to probate a will prescribe?

A: Never. Requirement of probate is not for benefit of heirs but to effectuate the public public policy policy that that the testat testator or’s ’s devolu devolutio tionar nary y wishes wishes be respec respected ted.. 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 exe 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 estate of the decea deceased sed where the judgme judgment nt debtor debtor dies befor before e levy 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 may an ex extension of th the pe period for for fil filing a bel belated claims be granted by the court? A:  The period prescribed in the notice to creditors is not exclusive. Money clai claims ms agai agains nstt the the esta estate te may may be allo allowe wed d anyt anytim ime e befo before re an orde orderr of  distribution is entered at the discretion of the court and for cause and upon such terms as are are equitable. This extension extension of the period period shall not exceed 1 month from the issuance of the order authorizing authorizing such extension. 19. 19.

What What is the the sol sole e con conc cern of th the cou court rt in guard uardia ian nship? hip?

A:  The court, in guardianship guardianship proceedings, proceedings, is solely concerned with the ward ward’s ’s cust custod ody y and and prop proper er admi admini nist stra rati tion on of his his prop proper erti ties es.. Conf Confli lict cts s 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, Philippines, and no court other than that in which such guardian was appointed shall have  jurisdiction  jurisdiction over the guardianship. guardianship. 21. 21. If the the dec deceden edentt is is an inha inhabi bita tant nt of the the Phil Philip ippi pine nes s at the the time 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  jurisdiction to the exclusion exclusion of all other other courts. 22. 22. X di died in 2006 an and on on the the same year year,, an an ex extra trajud judicia iciall 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, proceedings, but not against third persons persons not parties to it. There is nothing in Section Section 4, Rule 74, or in its source, which shows clearly a statute of limitations and a bar of  action against third persons. 23. 23. What What are are the the juri juris sdict dictio iona nall fac facts ts that that need need to be all alleg eged ed in the the petition for the allowance of the will? A: a. Fact Fact of the the death death of the the deced decedent ent.. b. His residen residence ce at the time of his his death death in the province province where where the probate court is sitting. c. If he is an inhabita inhabitant nt of a foreign foreign country, country, his leavin leaving g his estate estate in such province where the probate court is sitting. 24.

What What are the remed remedies ies of aggrie aggrieved ved partie parties s after after ex extra tra-ju -judic dicial ial settlement of estate?

A: a.

 The creditor may ask for administration administration of enough property of the estate suffic fficie ien nt to pay the the debt, ebt, but the the heir eirs canno annott prev preven entt such uch administration by paying the obligation (McMicking vs. Sy Conbieng, 21 Phil. 211)

b. Where Where the estate estate has been summaril summarily y settle settled, d, the unpai unpaid d credit creditor or may, with within in the the twotwo-ye year ar peri period od,, file file a moti motion on in the the cour courtt wher wherei ein n such 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.

25.

 The action to annul a deed of extrajudicial settlement on the ground of  frau fraud d sh shou ould ld be file filed d with within in four four year years s from from the the disc discov over ery y of the the fraud (Gerona vs. De Guzman, L-19060, May 29, 1964). 1964) .

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, whet whethe herr a citi citize zen n of an alie alien, n, his his will will shal shalll be prov proved ed,, or lett letter ers s 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). 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).

c.  The jurisdiction of the RTC is limited to the settlement and adjudication of  properties of the deceased and cannot extend to collateral matters. 26.

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

A: a.  The residence of the decedent at the time of his death is determinative of  the venue of the proceed proceeding ing.. If he was a reside resident nt (inhab (inhabita itant) nt) of the Philippines, venue is laid exclusively in the province of his residence, the  jurisdiction  jurisdiction being vested in the Regional Trial Court thereof. Residence means his personal, actual, or physical habitation, his actual residence or place of abode.

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

and and then then CFI CFI ther thereo eoff firs firstt taki taking ng cogn cogniz izan ance ce of the the proc procee eedi ding ng for for settle settlemen mentt acquir acquires es juris jurisdic dictio tion n to the exclus exclusion ion of other other courts courts.. The 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.

27.

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). 872).

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 dece deceas ased ed pers person on eith either er su summ mmar aril ily y or thro throug ugh h the the proc proces ess s of  administration. The RTC acting as a probate court exercises but limited  jurisdiction,  jurisdiction, thus it has no power to take cognizance of and determine the issue iss ue of title title to proper property ty claime claimed d by a third third person person adversel adversely y to the decedent unless the claimant and all other parties have legal interest in the property property consent, consent, expressly expressly or impliedly impliedly,, to the submiss submission ion of the question to the probate court. In that case, if the probate court allows the intr introd oduc ucti tion on of evid eviden ence ce on owne owners rshi hip p it is for for the the sole sole purp purpos ose e of  determini determining ng whether whether the subject subject propertie properties s should should be included included in the inve invent ntor ory, y, whic which h is with within in the the prob probat ate e cour court’ t’s s comp compet eten ence ce.. The The determination is only provisional subject subject to a proper action at the RTC in a separate action to resolve the title.  b.

28.

 The jurisdiction jurisdiction of the probate court merely relates to matters having to do with with the the sett settle leme ment nt of the the esta estate te and and the the prob probat ate e of will wills, s, the the appointme appointment nt and removal removal of administ administrato rators, rs, executor executors, s, guardia guardians ns 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) .

What are the Powers and Duties of a Probate Court?

A: a. In proba probate te proceed proceedings ings,, the the court: court: Orders the probate of the will of the decedent (Sec. 3, Rule 77); 77) ; ii. Grants letters of administration of the party best entitled thereto or to any qualified applicant (Sec. 5, Rule 79); 79) ; iii. Supervises and controls controls all all acts of administration; administration; iv. Hears and approves claims against the estate of the deceased (Sec. 11, Rule 86); 86); i.

Orders payment of lawful debts (Sec. 11, Rule 88); 88) ; vi. Authorizes sale, mortgage or any encumbrance of real estate (Sec. 2, Rule 89); 89); vii. Directs the delivery of the estate to those entitled thereto (Sec. 1, Rule 90); 90); viii. Issu Issue e warr warran ants ts and and proc proces esse ses s nece necess ssar ary y to comp compel el the the atte attend ndan ance ce of witn witnes esse ses s or to carr carry y into into effe effect ct thei theirr orde orders rs and and  judgments, and and all other powers powers granted them by law (Sec. 3, Rule 73); 73) ; ix. If a person defies a probate order, it may issue a warrant for the apprehension apprehension and imprisonment of such person until he performs such order or judgment, or is released (Sec. 3, Rule 73). 73) . v.

 b.

29.

 The court acts as trustee, and as such, should jealously guard the estate and and see see to it that that it is wise wisely ly and and econ econom omic ical ally ly admi admini nist ster ered ed,, not not dissipated (Timbol vs. Cano, 111 Phil. 923) .

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 into the the poss posses essi sion on of the the part parts s of the the esta estate te so awar awarde ded d to them them,, respectively (Sec. 2). 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 minor minors s are repres represent ented ed by their their judici judicial al or legal legal repres represent entati atives ves duly 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 and shou should ld they they disa disagr gree ee,, they they may may do so in an ordi ordina nary ry acti action on 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 extrajudicial settlement, settlement, whether by public public instrument instrument or by stipu stipulat lation ion in a pendin pending g action action for partit partition ion,, or the sole sole heir heir who adjudicates the entire estate to himself by means of an affidavit shall file, simultaneously 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 administration shall be published in a newspaper of general circulation in the manner provided in the next next succe succeedi eding ng sectio section; n; but no extra extrajud judici icial al settle settlemen mentt shall shall be bindi binding ng upon upon any perso person n who who has not partic participa ipated ted therei therein n or had had no notice thereof (Sec. thereof  (Sec. 1). 1). Extrajud judici icial al partit partition ion of the estate estate shall shall be valid valid when when the the follow following ing b. Extra conditions concur: i.

The The dec deced eden entt lef leftt no no wil will; l;

ii. The decede decedent nt left left no debts, debts, or if there there were debts debts left, left, all had been been paid; iii. The heirs are are all of age or if if they are minors, minors, the latter are are represented by their judicial guardian or legal representative; iv. The partiti partition on was made made by means of a publi public c instru instrumen mentt or affidavi affidavitt duly filed with the Register of Deeds; and v. The The fact fact of the the extr extraj ajud udic icia iall sett settle leme ment nt or admi admini nist stra rati tion on shal shalll 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). 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 person may compe compell the settleme settlement nt of the estate estate in the the court courts s in the manner manner hereinaf hereinafter ter provided provided for the purpose purpose of satisfyi satisfying ng 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 such debts debts or lawfu lawfull partic participa ipatio tion n and order how how much much and in what what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against 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). 1). 33.

What is a Summary settlement settlement of estates of small value and when is it allowed?

A:

34.

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, 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 week for for thr three (3) (3) cons consec ecut utiv ive e week weeks s in a news newspa pape perr of gene genera rall circul circulati ation on in the provin province, ce, and and after after such such other other notice notice to inter interest ested ed person persons s as the court court may direc direct, t, the the court court may procee proceed d summar summarily ily,, without without the appointme appointment nt of an executor executor or administ administrato rator, r, and without dela delay, y, to gran grant, t, if prop proper er,, allo allowa wanc nce e of the the will will,, if any any ther there e be, 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 portions of the estate so awarded awarded to them respectively. respectively. The court shall 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 invo involv lves es real real esta estate te,, shal shalll be reco record rded ed in the the prop proper er regi regist ster er’s ’s office (Sec. 2). 2).

 b.

 The court, before allowing a partition, may require the distributees, distributees, if  property other than real is to be distributed, distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim ( Sec. 3). 3).

What What are the remed remedies ies of aggri aggrieve eved d parti parties es after after ex extra tra-ju -judic dicial ial settlement of estate?

A: a.

 The creditor may ask for administration administration of enough property of the estate suffic fficie ien nt to pay the the debt, ebt, but the the heir eirs canno annott prev preven entt such uch administration by paying the obligation (McMicking vs. Sy Conbieng, 21 Phil. 211); 211);

b. Where Where the estate estate has been summaril summarily y settle settled, d, the unpai unpaid d credit creditor or may, with within in the the twotwo-ye year ar peri period od,, file file a moti motion on in the the cour courtt wher wherei ein n such 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  frau fraud d sh shou ould ld be file filed d with within in four four year years s from from the the disc discov over ery y of the the fraud (Gerona vs. De Guzman, L-19060, May 29, 1964). 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. 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 proper property ty unless unless proved proved and allow allowed ed in accor accordan dance ce with with the Rules. Rules. It is imprescriptible, imprescriptible, because it is required by public policy and the state could not have have inte intend nded ed to defe defeat at the the same same by appl applyi ying ng ther theret eto o the the stat statut ute e 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). 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 thereo thereon n prepa prepaid id at least least twenty twenty (20) (20) days days befor before e the hearin hearing, g, if such 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 person named named as co-ex co-execu ecutor tor not petiti petitioni oning, ng, if their their places 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). 76) .

37. 37. What What is the the eff effec ectt of of the the petit etitio ion n for for adop adopti tion on in rela relati tion on to use use of surnames?

A: Pursuant to Art. 189 of the Family Code which states that the adopted child child shall shall acquir acquire e the recipr reciproc ocal al right rights s and obliga obligatio tions ns arisin arising g from 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. 38.

What What is the the fu functi nction on of the the RT RTC C in in in inter-c er-cou ount ntry ry adop adopttion ion?

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 application for adoption shall be filed with the RTC having jurisdiction 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 the dif difference bet between a preliminary cit citation and 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 habeas corpus corpus to compe compell 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 woman’s 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 Marriage Marriages s and Annulment Annulment of Voidable Voidable Marriages" Marriages" directs directs the court court taking taking  jurisdiction  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 affidavits and testified testified against are still at large and 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, whic which h cons consti titu tute te a dire direct ct viol violat atio ion n of thei their r righ rightt to secu securi rity ty 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 pu publication of the the hea hearing for for ado adoption nec necessary for for the 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. 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 dispos dis posabl able e portio portion n of his estate estate.. The The new law had had alread already y abrog abrogate ated d 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). 2003) . 46. 46.

When When is a chil child d not not allo allowe wed d to be sepa separa rate ted d from from the the mo moth ther er? ?

A: Under Article 213 (2) of the Family Code, no child under 7 years of age shall shall be separa separated ted from from the mother mother,, unless unless the court court finds finds compel compellin ling g reasons to order otherwise. 47. 47. When hen wil willl th the cou court rt tak take in into consid nside erati ration on the the ch choic oice of of th the child? A:  The child, who is over 7 years of age, may choose which parent he prefers 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, incapacity, or poverty. (Art. 213, Family Code) 48. Can the the mi minor chi child be br brought out out of th the cou country wit 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, direct directing ing it not to allow allow the the depart departur ure e of the minor minor from from the Phi Philip lippin pines es without the permission of the court. (Sec. 16, AM No. 03-04-04-SC) 03-04-04-SC) 49. A. Ma May a sep separate ac action be be fi filed aft after fil filing a pet petition fo 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 procedure under this Rule shall govern govern the disposition disposition of the the reliefs available under the writ of amparo. 50. What hap happens if a cr criminal act action and and a sep separate civ civil act 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. 51. Roxa Ro xann nne e, a wid widow ow,, fil file ed a pe petiti tition on for habe habea as cor corp pus with th 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 Appea Appeals ls promul promulgat gated ed a resolu resolutio tion n remand remanding ing the case case to the Regional Trial Court for a full-blown trial due to the conflicting facts presented presented by the parties in their pleadings. pleadings. In directing the remand, the Court of Appeals relied on Sec. 9 (1), in relation to Sec. 21 of BP 129 129 conf confer erri ring ng upon upon said said Cour Courtt the the auth author orit ity y to try try and and deci decide de habeas corpus cases concurrently 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 becaus because e while while the the Court Court of Ap Appea peals ls has origin original al Juris Jurisdic dictio tion n over 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. 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. 53. How is Writ rit of of Hab Habe eas Data ata dis disti tin nguis uished fr from Writ rit of of Hab Habe eas Corpus and Writ of Amparo. 54. 54. The The per perio iod d for for fili filing ng a ret retur urn n to to a peti petiti tion on for for Wri Writt of of Amp Ampar aro o is is NOT extendible. Is this also true with Writ of Habeas Data? 55. 55. In filing ling for a pe petiti tition on for a Wri Writt of of Hab Habe eas Data, ta, wh what should ould be the contents of the petition? A: a. The personal personal circums circumstanc tances es of the petitioner petitioner and the respond respondent ent b. The manner the right to privacy is violated or threatened threatened and how how it affects affects the right to life, liberty or security of the aggrieved party c. The actions actions and and recourses recourses taken taken by the petitio petitioner ner to secure secure the data data or information d. The location location of the files, files, registers registers or databases, the government government office, office, and the person in charge, in possession or in control of the data or information, if  known e. The reliefs reliefs prayed prayed for, which which may include include the updating, updating, rectifi rectificati cation, on, suppression 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 client’s petition for a Writ of Habeas Data? (Bar Question) 57. In a pe petition for for cha change of of nam name, wh what are are the the co contents tha that the petition should set forth? 58. In fi filing a pet petition for for cha change of na name, is ve verification by th the person person desiring desiring the change change name be done done by another another person? person? Is verification a jurisdictional jurisdictional requisite? Azenith, the cashier cashier of Temptatio Temptation n Investment Investments, s, Inc. (Temptat (Temptation, ion, 59. Azenith, 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 Azenith promptly promptly reports reports the matter matter to her superior superior Joshua, Joshua, who thereu thereupon pon condu conducts cts an intern internal al inves investig tigati ation on to verif verify y the said said threat. Claiming that the threat is real, Temptation, Inc. opts to transfer Azenit Azenith h to its Palawan Palawan Office Office,, a move move she resists resists in view view of the company’s refusal to disclose the results of its investigation. Decry Decrying ing the the move move as a virtua virtuall depri deprivat vation ion of her her empl employm oymen ent, t, Azenit Azenith h files files a petit petition ion for the issuanc issuance e of a writ writ of habeas habeas data before the Regional Trial Court (RTC) to enjoin Temptation, Inc. from transferring her on the ground that the company’s refusal to provide her with a copy of the investigation results results compromises her right to life, liberty and privacy. Resolve the petition. Explain. (2010 Bar Question)

60. 60. Rust Rustom om Torre orres, s, a wel welll kno known wn hunk hunk acto actor, r, unde underw rwen entt sur surge gery ry 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. 61.

Dist Distin ingu guis ish h Rule Rule 103 103 of the the Rule Rules s of Cour Courtt from from RA No. 9048 9048..

62. 62. Your Yo ur servi ervic ce as as a lawyer yer was was soug ought by by Ru Rusto tom m To Torre rres wh 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 published.. What are the pertinent pertinent information information that the publication or notice should contain?

63. 63. In rela relati tion on to the the pre prece ced ding ing numb number er,, wha whatt wil willl hap happe pen n if if one one of  the required information is not indicated on the publication?

64. 64. In comp compli lian ance ce with ith the the publ public icat atio ion n req requi uire reme ment nt,, Rus Rusto tom m Tor Torre res s 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. 65.

Disti isting ngu uish ish Ru Rule 103 from Rule Rule 108 of of the the Rule Rules s of of Cou Court rt..

66. 66. Diff ifferentia ntiate te th the noti notic ce and and pub public licatio ation n req requir uiremen ment of Ru Rule 108 from RA 9048.

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

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

69. How and and whe where do yo you app appeal for for an unf unfavorable dec decision issu issued ed by the the RTC RTC for for peti petiti tion on for for chan change ge or corr correc ecti tion on of civi civill entries?

70. 70. Sinc Since e Grad Grade e I, you you have have been been usin using g the the firs firstt name name Mari Mariah ah but 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. 71. In conn connec ecti tion on with ith the the prec preced edin ing g numb number er,, wha whatt doc docum umen ents ts can you show to support your petition?

72. 72. What What is the the rat ratio ion nale ale beh behin ind d th the ord orde er of of pre prefferenc rence e in in appointing an administrator? A: The underlying underlying assumption assumption behind this this rule is that 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). 1990).

73. 73.

Is the the ord order of Appo Appoin intm tmen entt of Re Regu gula lar r Adm Admin inis istr trat ator or fina final? l?

A: No. The order of appointment of a regular administrator 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. 74. Is the the rig right ht of an exe xecu cuto tor/ r/ad admi mini nist stra rato tor r to to the the pos osse sess ssio ion n and 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 administration (Ruiz v. CA, G.R. No.118671, Jan. 29, 1996). 75. 75.

Why Why is is ther there e a need need for for appo appoin inti ting ng a spec specia iall admi admini nist stra rato tor? r?

A: The principal principal object is to to preserve the estate estate until it can can pass into 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). 1980) . 76. 76.

Whe When can 2 spec pecial ial adm adminis nistra trato tors rs be appoin ointed ted?

A: a. If a special administrator administrator is appointed appointed pending pending determination determination of a contest of a will instituted before it is admitted to probate, or pending an appeal from an order appointing, appointing, suspending or removing an executor or administrator, administrator, the special administrator administrator has the same powers, duties and obligations as an executor or administrator, and the letters of  administration administration issued to the special administrator must recite that the special administrator is appointed with those powers. b. If a special administrator administrator has been appointed, and thereafter 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. 77. Does Does the the dis disco cove very ry of a wil willl aut autom omat atic ical ally ly term termin inat ate e the the lett letter ers s 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. 78. May th the tr trial ial cou court rt iss issue an an or order de declari laring ng the the nu nulli llity 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. 79. Celi Celine ne file files s a pe petiti tition on for for can cance cell llat atio ion n of of th the bir birth th cer certi tifficat icate e of  of  her daughter Jeanie on the ground of falsified material entries therein made by Celine’s 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 before the CA should should be granted. granted.  Jurisdiction  Jurisdiction of the court court over a petition for for cancellation cancellation of a birth certificate 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. 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). 2005) . 80. 80. Hele Helen n is is the the daug daught hter er of Eliz Eliza, a, a Fil Filip ipin ina, a, and and Ton Tony, y, a Ch Chines inese, e, 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 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 petitioner’s 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 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. 81. When When can can an adva advanc nce e dist distri ribu buti tion on be made ade desp despit ite e a pend pendin ing g 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. 82.

a. b. c. d. e.

f.

What What are are th the gr groun ounds for for chang ange of of nam name e un under der Rul Rule e 10 103?

A: Name is ridiculous, ridiculous, tainted with dishonor dishonor or extremely difficult to write write or pronounce; Habitual and continuous used and been known known since childhood by a Filipino Filipino name, unaware of her alien parentage; Conseq Consequen uence ce of a chan change ge of stat status us;; A sincere desire to adopt a Filipino Filipino name to erase signs of former alienage, alienage, all in good faith and without prejudicing anybody; The change change will will avoid avoid confus confusion; ion; or When the surname causes embarrassment 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). 1998).

83. 83. Rene Re ne died ied inte intest stat ate e, lea leavi ving ng seve severa rall hei heirs rs and and subs substa tant ntia iall property here in the Philippines. a. Assuming Rene left no debts, as counsel counsel for his his heirs, what steps steps would you suggest to settle Rene’s estate I the least expensive manner? b. Assuming Assuming Rene Rene left only only one heir heir and no debts, debts, as counsel counsel for for his lone heir, what steps would you suggest? c. Assuming Assuming that that the value value of Rene’s Rene’s estate estate does not not exceed P 10,000.0 10,000.00, 0, what remedy is available to obtain a speedy settlement of his estate?

A: a.  To settle Rene’s Rene’s estate in the least expensive expensive manner, an extrajudicial 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 self-adjudication to be filed also with the register of deeds, together with the other requirements abovementioned. (id.) c. Since the value of Rene’s 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 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 proceed summarily summarily without the 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 register’s office. ( Sec.2, rule 74).