Category: Special Proceedings

— Civil Law, Special Proceedings —

In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

September 4, 2023

FACTS: Proceso de Guzman died on January 1, 1937, without leaving a will. The deceased was first married to Agatona Santos, with whom he had four children, named Nicolasa, Apolinario, Ana and Tomasa.  After Agatona’s death, the deceased contracted a second marriage with Angela Limcolioc, with whom he did not have any child. Nicolasa de… Read More In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

— Civil Law, Special Proceedings —

Lazatin v. Judge Campos G.R. No. L-43955-56 July 30, 1979 Succession, Adoption, Probate Proceedings

July 26, 2023

FACTS: Dr. Mariano M. Lazatin died intestate in Pasay City, survived by his wife, Margarita de Asis, and his adopted twin daughters, respondent Nora L. de Leon and respondent Irma Lazatin. One month after Mariano’s death, his widow, Margarita de Asis, commenced an intestate proceeding before the CFI of Pasay. Mariano, Oscar, Virgilio and Yvonne,… Read More Lazatin v. Judge Campos G.R. No. L-43955-56 July 30, 1979 Succession, Adoption, Probate Proceedings

— Remedial Law, Special Proceedings —

Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

July 23, 2023

FACTS: Petitioner Republic of the Philippines filed an action for  the Probate of the Will of Ferdinand E. Marcos  claiming that during his exile, the late President Marcos executed his last will and testament in Hawaii, USA, with his wife Imelda Marcos and son Ferdinand R. Marcos II as executors. Petitioner prayed that the letters… Read More Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

— Special Proceedings —

RIO Y COMPANIA v. MASLOG G.R. No. L-12302, April 13, 1959 Settlement of Estate of Deceased Persons, Money Claims, Prescription

July 22, 2023

FACTS: Rio y Olabarrieta (predecessor-in-interest of appellant Rio y Compania) and the late Anastacio Manalo, father of the defendant-appellee Elvira Maslog, entered into a “Contrato de Servicios Personales” wherein the personal services of Manalo were engaged by the plaintiff-appellant for the administration and exploitation of its forest concession.  Under the contract, plaintiff-appellant was to extend… Read More RIO Y COMPANIA v. MASLOG G.R. No. L-12302, April 13, 1959 Settlement of Estate of Deceased Persons, Money Claims, Prescription

— Remedial Law, Special Proceedings —

SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

February 20, 2021

FACTS: The RTC admitted to probate the holographic will of Alice O. Sheker and thereafter issued an order for all the creditors to file their respective claims against the estate. In compliance therewith, petitioner filed a contingent claim for agent’s commission due him amounting to approximately ₱206,250.00 in the event of the sale of certain… Read More SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

— Remedial Law, Special Proceedings —

ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings

July 25, 2019

FACTS: Respondent Francisco Provido filed a petition for the probate of the Last Will and Testament of the late Soledad Provido Elevencionado, alleging that he was the heir of the decedent and the executor of her will. The RTC rendered its Decision, allowing the probate of the will of the decedent and directing the issuance… Read More ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings

— Civil Law, Special Proceedings —

FULE vs. CA G.R. No. L-40502 November 29, 1976 Succession, Appointment of Special Administrator, Residence

January 20, 2019

  FACTS:   Virginia G. Fule filed a petition for letters of administration, alleging Amado G. Garcia died intestate, leaving real estate and personal properties. She moved ex parte for her appointment as special administratrix over the estate. Judge Malvar granted the motion. Preciosa B. Garcia filed an MR contending that the order appointing Virginia… Read More FULE vs. CA G.R. No. L-40502 November 29, 1976 Succession, Appointment of Special Administrator, Residence

— Civil Law, Special Proceedings —

CAYETANO vs. LEONIDAS G.R. No. L-54919    May 30, 1984 Jurisdiction of the Probate Court, Succession

January 19, 2019

  FACTS:   This is a petition for review on certiorari, seeking to annul the order of the respondent judge of the CFI of Manila, which admitted to and allowed the probate of the last will and testament of Adoracion C. Campos, after an ex-parte presentation of evidence by herein private respondent. Adoracion C. Campos… Read More CAYETANO vs. LEONIDAS G.R. No. L-54919    May 30, 1984 Jurisdiction of the Probate Court, Succession

— Special Proceedings —

CUA vs. VARGAS G.R. No. 156536 October 31, 2006 Rule 74, Extrajudicial Settlement

January 19, 2019

  FACTS: A parcel of residential land was left behind by the late Paulina Vargas. A notarized Extra Judicial Settlement Among Heirs was executed by and among the heirs, partitioning and adjudicating unto themselves the lot in question and was published for 3 weeks. An Extra Judicial Settlement Among Heirs with Sale was again executed… Read More CUA vs. VARGAS G.R. No. 156536 October 31, 2006 Rule 74, Extrajudicial Settlement