G.R. No. 188921 – 670 SCRA 218 – 686 Phil. 203 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Ownership issue between heirs may be passed upon by probate court – Duties of an Administrator – When may heirs file an action for […]
Howard
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G.R. No. 232579 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Successional rights may be enforced by an heir even without undergoing special proceedings; Abandonment/clarification of the doctrine laid down in the cases of Heirs of Ypon vs. Gaudioso Ricafrente and Heirs of […]
G.R. No. 224144 – 828 SCRA 482 – 811 Phil. 861 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; No need for a separate proceeding for declaration of heirship for purposes of asserting right as an heir; Successional rights start upon the death […]
G.R. No. 198680 – 700 SCRA 778 – 713 Phil. 570 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – Declaration of heirship can only be made in a special proceedings and not in an ordinary civil action; Declaration of heirship must first […]
G.R. No. 150206 – 581 SCRA 70 – 600 Phil. 112 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Declaration of heirship can only be made in a special proceedings and not in an ordinary civil action; Exception – Practicality In 1934, Juan […]
G.R. No. 154645 – 434 SCRA 260 – 478 Phil. 343 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court; Declaration of heirship can only be made in a special proceedings and not in an ordinary civil action Rodolfo Reyes and Lourdes Reyes married […]
G.R. No. 165744 – 561 SCRA 593 – 583 Phil. 591 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court – Probate court may resolve issue of ownership provisionally ; if no third party rights are impaired, resolution may be with finality In 1993, […]
G.R. No. L-770 – 80 Phil. 776 – Remedial Law – Special Proceedings – Settlement of Estate – Estate as an artificial person Pedro Fragrante applied for a certificate of public convenience (CPC) to operate another ice plant in San Juan, Rizal. Angel Limjoco, the owner of the existing ice […]
G.R. No. 174975 – 596 Phil. 815 – 576 SCRA 746 – Remedial Law – Special Proceedings – General Principles; Nature of Special Proceedings – Special Proceedings are non-adversarial; has one definite party (the petitioner), but no definite adverse party Alejandro Montañer, Sr. died in May 1995. During his lifetime, […]
G.R. No. 187847 – Civil Law – Conflict of Laws – Most Significant Relationship Rule Succession – Death Benefits Do Not Form Part of a Decedent’s Estate In January 2000, Efren Alcañeses died in a plane accident in Ivory Coast. He was survived by his widow, Esther Alcañeses. In July […]
G.R. No. 196342 – G.R. No. 196848 – Criminal Law – Book II – Rape by Sexual Intercourse – Rape by Sexual Assault – Rape by Sexual Assault is not Necessarily Included in Rape by Sexual Intercourse – Variance Doctrine Remedial Law – Criminal Procedure – Rule 120 – Variance […]
G.R. No. 83484 – 261 Phil. 231 – 182 SCRA 119 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – Declaration of heirship cannot be had in a separate proceeding In 1977, Filipino author Esteban Javellana, Jr. died without any heir nor will. […]
G.R. No. 128781 – 435 Phil. 232 – 386 SCRA 216 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – Order of Inclusion vs Order of Collation; Order of Inclusion/Exclusion of Property to the Estate Inventory is an Interlocutory Order Rafael Nicolas died […]
G.R. No. L-81147 – 174 SCRA 154 – Remedial Law – Special Proceedings – Settlement of Estate – Intestacy – No need for Settlement of Estate proceedings if decedent died intestate and debtless In January 1983, Andres Pereira died. He was survived by his wife (Victoria Pereira) and his sister […]
G.R. No. 252898 – Criminal Law – Book II – Crimes Against Persons – Rape; Invalid Defenses; Promiscuous History of Victim – Rape Shield Doctrine AAA filed two rape cases against William Disipulo. She alleged that William introduced himself as a talent scout who was looking for models. William invited […]
G.R. No. L-56340 – 122 SCRA 885 – Remedial Law – Special Proceedings – Settlement of Estate – Probate Court; Jurisdiction – General Rule: Probate Courts cannot resolve issues of ownership Alvaro Pastor, Sr. died in June 1966. In October 1966, his wife died. Pastor Sr. had three children. Two […]