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 […]
settlement of estate
30 posts
G.R. No. 156536 – 536 Phil. 1082 – 506 SCRA 374 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Extrajudicial Settlement – An extra-judicial settlement does not bind heirs that did not participate therein Paulina Vargas died intestate leaving behind a parcel of land. Paulina’s […]
G.R. No. 169144 – 655 Phil. 535 – 640 SCRA 538 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will executed abroad by an alien In 2001, Ruperta Palaganas, an American, died. Before she died, she executed a will […]
G.R. No. 229010 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will of a resident alien In 2011, Luz Lipson, an American residing in the Philippines executed a will which provided for the disposition of her Philippine properties. She […]
G.R. No. 230404 – 824 Phil. 1061 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – One must call for the probate court’s exercise of its jurisdiction, otherwise, there is a waiver In 2008, Reynaldo Rodriguez died intestate. His heirs, Rolando Rodriguez et […]
G.R. No. 156407 – 713 SCRA 194 – 724 Phil. 174 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of the Probate Court; The probate court is authorized to determine the issue of ownership of properties for purposes of their inclusion or exclusion from the inventory […]
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 […]
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. 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 […]