LYCEUM PHILIPPINES UNIVERSITY

COLEGE OF LAW

REMEDIAL LAW REVIEW II

Assoc. Dean Christian “KIT” Villasis

SPECIAL PROCEEDINGS

TAKE HOME QUIZ (THQ) NO. 4:

Kindly copy and answer the following questions in your notebook.

1. Define Special Proceeding. Distinguish special proceeding from a civil action.

2. Enumerate the Titles of Rules 72-109 of the Rules of Court.
3. May the Rules on ordinary actions apply to Special Proceedings?
4. Explain the following:
1. Estate 17. Legatee
2. Testamentary Privilege 18. Devisee
3. Decedent 19. Statute of Non-claims
4. Testator 20. Project of Partition
5. Testamentary succession 21. Trustee
6. Settlement of estate 22. Escheat
7. Will 23. Guardianship
8. Probate 24. Adoption
9. Reprobate 25. Proceeding in Hospitalization of
10. Executor an insane person
11. Letters testamentary 26. Habeas Corpus
12. Administrator 27. Declaration of absence
13. Letters of Administration 28. Change of Name
14. Letters of Administration with a 29. Petition for Correction of Entries
Will annexed 30. Writ of Amparo
15. Special Administrator 31. Writ of continuing mandamus
16. Ancillary Administration 32. Writ of Kalikasan
5. SETTLEMENT OF ESTATE OF DECEASED PERSONS
a) What is the purpose of settlement proceedings?
b) Which Court has jurisdiction over a settlements of estate?
c) Discuss the rules on venue in the settlement of estate?
d) Explain the principle of exclusion or preferential jurisdiction in the
settlement of estate.
e) What is the extent of the jurisdiction of the Probate Court?
f) What are the powers and duties of Probate Court?
g) May the Probate Court decide an issue of ownership?
6. The rules on Special Proceedings ordinarily require that the estate of the
deceased should be administered thru an administrator or executor. What are the two (2)
exceptions to the said requirement?
7. When is an extra-judicial settlement of estate allowed? Enumerate the requisites.
8. Explain the two (2) year prescriptive period contemplated by Sec. 4, Rule 74 of
the Rules of Court.
9. When can a sole heir validly execute an Affidavit of Self Adjudication?
10. Explain the Rules on Summary settlement of estate of small value.
11. What are the remedies of an aggrieved party in case of extra-judicial settlement
of estate?
12. What is the nature of Probate Proceeding? Who may Petition for Probate? Who
are the persons entitled to notice of hearing for proving the Petition?
13. What are the contents of a Petition for allowance of a Will?
14. What are the grounds for disallowance of a Will?
15. Explain the rules and procedure in the probate of a Will.
 16. Explain the rule on reprobate of a Will.
17. What are the requisites before a Will proved abroad will be allowed in the
Philippines.
18. What are the effects of probate?
19. When and to whom letters testamentary are issued? When and to whom letters
of administration are issued?
20. What is the Order of preference in the appointment of an administrator? Does the
Order of preference in the appointment of an administrator rule out the appointment of co-
administrators?
21. How do we oppose the issuance of letters testamentary? Can we simultaneously
file a Petition for letters of administration if we oppose the issuance of letters testamentary?
22. What are the powers and duties of executors and administrators? Enumerate the
restriction on their powers. Who are disqualified to act as executors or administrators?
23. When can the Court appoint a Special Administrator? Distinguish a regular
administrator from Special administrator.
24. What are the grounds for removal of an executor or administrator?
25. Explain Statute of Non-Claims and enumerate its exceptions. What are the claims
that should be filed during the Statute of Non-Claims. What are belated Claims?
26. Explain the rules if the executor or administrator has a claim against the estate.
27. Explain the rules in the payment of debts of the estate.