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SPECIAL PROCCEDINGS Partition- complaint
JUSTICE DE LEON 5 complaints and 5 are thru petition. SRP Complaint Status There is default Change of Name Certiorari, summons, mandamus Right No summons but for the person to file comment within 10 Custody of Minor Child days!! If there is no comment, is there a default? No. waiver Particular fact lang the filing of comment Guardianship Being incompetent Assignment to page 127 page
In the Matter of Estate
In regard CHAPTER V Generally non-adversarial in nature PROBABTE OF WILL RULE 76 Rule 72 ALLOWANCE OR DISALLOWANCE OF WILL Out of 14, 9 nalang ginagamit *prelims up to adoption Civil Actions are applicable in the absence of special rules. When will may be probated Art. 777. The rights to the succession are transmitted from the moment of the death of the decedent. Who may file petition for probate From the death, will you acquire the property already? Not right away, there are procedurals steps to follow.
RA 11576 – DUTERTE – UP TO 2 MILLION -JURISDICITION
Died Abroad and he has tons of properties. – it will be in any of the
places in the RTC as long as estate is filed.
Paano is sabay sabay – the first one who filed – to the exclusion of all other courts.
It refers to “residence”; di kailangan domicile like election law. He
has a house and intends to go there every weekend.
Making of inventory – is that appealable? It is not finals because it
is provisional.
What is that separate proceeding? Action for Quieting of Title
What action should a party file? If not appealable, certioriable.
Interlocutory order dapat to question the court provisional title of title ownership of property.
Remedial Law Reviewer Primer
Becomes final order – all of them are present, no rights impaired.
Issue of heirship -Recovery of ownership [heirship is abandoned]
What action Before action to recover?
There should be a separate judicial proceeding
Modes of Settlement of Estate
1. Summary settlement 2. Partition 3. Settlement through letters testamentary
Should be registered in RD? yes
Self- adjudication and publication required in self adjudication of
