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 […]
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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 DoctrineRemedial Law – Criminal Procedure – Rule 120 – Variance Doctrine […]
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 […]
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 […]