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 […]
settlement of estate
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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 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. […]
G.R. No. L-19153 – 43 Phil. 597 – Taxation Law – Estate Tax – Deductions – Judicial Expenses Civil Law – Succession – Deductions from the Estate In August 1921, Carmen Johannes died leaving an estate of about P109k deposited in the Philippine National Bank. At the time of her […]
G.R. No. 166393 – 607 Phil. 446 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Summary Settlement of Estate; Fraudulent Deed of Extrajudicial Settlement Remedial Law – Civil Procedure – Rule 6; Counterclaim – Compulsory vs Permissive Counterclaim Quiterio San Jose and Antonina Espiritu Santo […]
A.C. No. 5161 – 471 Phil. 1 – 427 SCRA 108 – Remedial Law – Special Proceedings – Settlement of Estate – Extrajudicial Settlement – Exclusion of an heir Legal Ethics – Disbarment – Deceitful Conduct – Giving Illegal Advice The parents of Isidra Ting-Dumali died intestate and they […]
G.R. No. 129505 / G.R. No. 133359 – 381 Phil. 179 – 324 SCRA 172 – Remedial Law – Special Proceedings – Probate of Will – Probate and Issuance of Letters Testamentary are distinct remedies – Probate Court; Jurisdiction In 1995, Dr. Arturo De Los Santos filed a petition for […]
G.R. No. 161746 – 644 Phil. 15 – 629 SCRA 550 – Remedial Law – Special Proceedings – Settlement of Estate – Prescriptive Period – Fraud in Extrajudicial Settlement In May 1930, Antonio Feliciano died leaving behind a parcel of land. In 1972, an extrajudicial settlement was executed by Leona […]
G.R. No. 121597 – 412 Phil. 807 – 82 SCAD 472 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – Remedies of a Mortgagee in Mortgages Involving an Estate Allan Chua was the administrator of the estate of Antonio Chua (his dead father). In 1989, […]
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. 102380 – 217 SCRA 186 – Civil Law – Law on Property – Partition – Co-ownership – Sale of a Portion of an Estate Subject to Partition Remedial Law – Special Proceedings – Settlement of estate of deceased persons – Rule 89 – Approval of Sale involving portions […]