SPECIAL PROCEEDINGS

(QUESTIONS)
1. Can a will executed by a foreigner abroad be probated in the
Philippines although it has not been previously probated and
allowed in the country where it was executed?
2.

Sometime in 1964, Pino died leaving behind a parcel of

land in Northern Samar to his wife, Nina and three children,
namely, Cesar, Ester and Rudy. On 1972, Cesar died leaving
behind his wife and son, Nardo. Subsequently, Nina, and Ester
sold the said land to Spouses Floralde. It was provided in the
deed of sale that the shares of Nardo and Rudy, being minors
at the time of the sale, will be held in trust by the vendee and
will paid upon them reaching the age of 21. In 1986, Rudy
received the sum of 1,143 pesos from the Spouses Floralde
representing his share from the proceeds of the sale of the
property. It was only in 1988, that Nelson learned of the sale
from his uncle, Rudy. He signified his intention to redeem the
property and filed a complaint for redemption against the
Spouses Floralde.
Was the sale made by a legal guardian (Nina) in behalf
of the minors (Nardo and Rudy) binding upon them?

3. Who is an incompetent person?

4.

Frank and Gina were married on June 12, 1987 in Manila.

Barely a year after the wedding, Frank exhibited a violent
temperament, forcing Gina, for reasons of personal safety, to
live with her parents. A year thereafter, Gina found
employment as a domestic helper in Singapore, where she
worked for ten consecutive years. All the time she was abroad,
Gina had absolutely no communications with Frank, nor did
she hear any news about him. While in Singapore, Gina met
and fell in love with Willie.
On July 4, 2007, Gina filed a
petition with the RTC of Manila to declare Frank presumptively
dead, so that she could marry Willie.
Is a petition for Declaration of Presumptive Death a
special proceeding? Why or why not?

5.

Roxas volunteered to join members of BAYAN-Tarlac in

conducting an initial health survey in La Paz, Tarlac for a future
medical mission. After doing survey work, Roxas and her
companions were forcibly tied, blindfolded and taken by 15
heavily armed men, all in civilian clothes and were wearing
bonnets to conceal their faces.
After about an hour of travelling, the van stopped.
Roxas, and her companions were ordered to alight. After she

was informed that she was detained for being a member of

the Communist Party of the Philippines New Peoples Army
(CPP-NPA), Roxas was separated from her companions and
was escorted to a room which she believed is a jail cell from
the sound of the metal doors. From there she could hear the
sounds of gunfire, the noise of planes taking off and landing
and some construction bustle. Roxas inferred that she was
taken to the military camp of Fort Magsaysay in Laur, Nueva
Ecija. On May 25, 2009, Roxas was finally released and
returned to her uncles house in Quezon City.
Roxas filed a petition for writ of amparo and writ of habeas
data.
a Are high ranking civilians and military authorities liable
in Roxas abduction and torture?
b Is the grant of writ of habeas data proper?
6. What are the issues that may be resolved by the probate
court?
7. Can a special proceeding be joined with ordinary civil actions?
8. Is a person convicted by final judgment and/or out on a bail
entitled to the writ of habeas corpus?
9. May a wife secure a writ of habeas corpus to compel her
husband to live with her in their conjugal home?
10.
John died leaving property in Cebu City. At the time of
his death he was a resident living in Cebu although he is a
citizen of Canada. After his death his wife moved to Northern
Samar. Where would you file the case for Settlement of estate
of Deceased Person?
11.
Daisy is a resident of Canada. At the time of her death in
Cataman N. Samar during a vacation, where she left some real
estate property woth Php100,000 her two children filed in the
MTC for settlement of the estate. If you were the judge, how
would you rule? If the two children filed in separate RTCs.
Which case should prevail?
12.
Spouses Ermac and Mariquit both died leaving a parcel
of land as the only property to be inherited by heirs. MEDELO:
grandson filed petition for summary settlement of the estate.
ERMAC: (one of the sons of the deceased) moved for
reconsideration of the order of settlement claiming the land as
belonging to him and his wife.
Is the approval of the project of partition valid despite
the claim of ERMAC in a separate civil action?
13.
Carlos Gurrea left a will naming Pijuan as executor. Mrs.
Gurrea opposed the probate proceedings, saying that as

widow, she claims a right of preference under Sec. 6, Rule 78

of the Revised Rules of Court. Mrs. Gurrea also moved that in
light of the suspension of the support and annulment case by
reason of Carloss death, support previously awarded to her
should be continued pending the final determination of the
case.
a. Should Mrs. Gurrea be appointed as administratrix of the
estate?
b. Should the support previously awarded to Mrs. Gurrea
be continued?
14.
What are the contents of petition for letters of
administration?
15.
UMIPIG was appointed special administrator of the
estate of Placida Mina. DEGALA is complaining claiming the
UMIPIG should be removed as special administrator for:
Adverse interest; stranger to the estate, not being a
beneficiary in the will; failed to include some property in the
inventory; failed to pay taxes due from the estate; failed to
render accounting
Should Umipig be removed as special administrator
based on the claims?