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, […]
Special Proceedings
79 posts
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. 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. 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 […]
G.R. No. L-39532 – 91 SCRA 540 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court – General Rule: Probate court cannot rule on issue of ownership; Exclusion of Property from Estate is an Interlocutory Order; Estates of deceased spouses may be settled jointly […]
G.R. No. 167975 – 760 Phil. 625 – 758 SCRA 659 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – Jurisdiction of Probate Court – Probate court, as a rule, cannot rule on issues of ownership In 1997, Spouses Ernesto and Gilda Jardeleza filed an […]
G.R. No. 240199 – 851 Phil. 1143 – 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 […]
A.M No. 06-7-414-RTC – 562 Phil. 597 – Remedial Law – Special Proceedings – General Principles – Special Proceedings Cases are Non-Adversarial – Rule 108 cases may be summary or adversarial; Need of publication; RA 9048 is not meant to be applied in judicial proceedings In 2005, an audit was […]
G.R. No. 209527 – 826 Phil. 88 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries – Rule 108 vs Rule 103 – Rule 108 covers both minor and substantial corrections In 2009, Virgel Tipay petitioned before the court for the correction of entries in his […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who may […]
G.R. No. 172547 – 591 SCRA 350 – 609 Phil. 134 – Remedial Law – Summary proceedings – Rule 70 – Ejectment; Forcible Entry – Possession – better Right Civil Law – Succession – When does successional right start Fe Factor was an heiress of a huge real estate in […]
G.R. No. 166676 – 586 Phil. 637 – 565 SCRA 72 – Remedial Law – Special Proceedings – Change of Name – Correction of Entries – Instance where a biological female is allowed to be registered as male Civil Law – Civil Status – Registration of Births Jennifer Cagandahan was […]
A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may be affixed at the time the taxable document is presented in evidence, not necessarily at the execution of the will G.R. […]