G.R. No. L-48840 – 74 Phil. 479 – Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Probate is Mandatory; Heirs cannot disregard will Civil Law – Succession – Last Will and Testament – Heirs cannot disregard will Ernesto Guevara and Rosario Guevara were children […]
Succession
17 posts
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. 240199 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – General Principles – When does successional rights commence? Civil Law – Succession – Start of Successional Rights In 1986, Amanda Burgos executed a will whereby she devised a property in favor of Resurreccion […]
G.R. No. L-10033 – 36 Phil. 815 – Civil Law – Succession – Escheat Remedial Law – Special Proceedings – Rule 91; Escheat – No escheat if decedent testate The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that […]
G.R. No. L-4067 – 90 Phil. 189 – Civil Law – Succession – Signature of The testator – Signing Using an X Mark – Signing for the Testator Antero Mercado left a will dated January 3, 1943. The will appears to have been signed by Atty. Florentino Javier as he wrote […]
G.R. No. L-40804 – 81 SCRA 393 – 171 Phil. 354 – Civil Law – Succession – Prevarication – Lawyer’s Testimony vs Witness’ Testimony The late Eugenia Danila left a will wherein she instituted among others Adelaida Nista as one of the instituted heirs. Nista petitioned before the court to […]
G.R. No. L-36033 – 118 SCRA 195 – Civil Law – Succession – Wills – Testamentary Requirements; Substantial Compliance Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Extrinsic Validity; Due Execution of Wills – Liberal Interpretation Dorotea Perez left a will. The will has […]
G.R. No. L-5971 – 18 Phil. 450 – Civil Law – Succession – Wills – Testamentary Witnesses; What “In the presence of each other” means When a certain will was being signed, it was alleged that the testator and some subscribing witnesses were in the inner room while the other […]
G.R. No. L-15153 – 109 Phil. 359 – Civil Law – Succession – Wills – Testamentary Requirements – Extrinsic Validity – Signature of Testator Anacleta Abellana left a will. In said will, she let a certain Juan Bello sign the will for her. The will consists of two pages. The […]
A.M. No. 2026-CFI – 110 SCRA 388 – Civil Law – Succession – Will Should be Written in a Language Known to the Testator Remedial Law – Special Proceedings – Rule 76 – Grounds for Disallowing Will – Will not Duly Executed; Extrinsic Validity Legal Ethics – Judicial Ethics – […]
G.R. No. 125888 – 294 SCRA 183 – Civil Law – Succession – Donation Mortis Causa vs Donation Inter Vivos In 1979, Aurora Montinola executed a “Deed of Donation Inter Vivos” in favor of her three grandchildren Catalino Valderrama, Judy Valderrama, and Jesus Valderrama. The deed however provided that that […]
G.R. No. L-1787 – 81 Phil. 429 – Civil Law – Succession – Pagination of the Will – Witnesses to a Will – Language of the Will – Thumb Mark as Signature In 1947, Don Sixto Lopez executed a will where Jose Lopez was named an heir. Agustin Liboro questioned […]
G.R. No. L-14070 – 1 SCRA 899 – Civil Law – Wills and Succession – Promise – Trust Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three children. He also had grandchildren from his children with Marta Cruz. In 1898, Marta Cruz died. In 1899, Blas married […]
G.R. No. L-23678 – 20 SCRA 358 – Civil Law – Application of Laws – Nationality Principle – Renvoi Doctrine – Conflict of Laws Succession – Nationality of the Decedent – Legitime Amos Bellis was a citizen of the State of Texas, and of the United States. By his first wife […]
G.R. No. L-16749 – 7 SCRA 95 – Civil Law – Preliminary Title – Application of Laws – Foreign Law – Nationality Principle – Internal and Conflict Rule Application of the Renvoi Doctrine Succession – Nationality Principle – Validity of Wills Edward Christensen was born in New York but he migrated […]
G.R. Nos. L-27860; L-27896; L-27936; L-27937 – 56 SCRA 266 – Civil Law – Preliminary Title – Application of Laws – Nationality Principle – Renvoi Doctrine In November 1952, Linnie Jane Hodges, an American citizen from Texas made a will. In May 1957, while she was domiciled here in the […]