TARADJI, AR-RASHID J.

JD III, AdZU Law

Special Proceedings

ASSIGNMENT 4

CAN A PROBATE COURT ISSUE WRITS OF EXECUTION?

As a general rule, a probate court cannot issue a writ of execution. Probate courts are not
supposed to issue a writ of execution because its orders are usually referring to the adjudication of
claims against the estate of the deceased which the executor or the administrator may satisfy without
the necessity of resorting to the issuance of a writ of execution. In other words, the probate court, as
such, does not render any judgment enforceable by execution.

However, this is subject to certain exceptions. These instances are the following:

(1) When the issuance of a writ of execution is necessary to satisfy the contributive shares of
devisees, legatees and heirs in possession of the decedent’s assets. This is provided under
Section 6, Rule 88 of the Rules of Court;

(2) When the issuance of a writ of execution is necessary to enforce payment of the expenses of
partition. This is provided under Section 3, Rule 90 of the Rules of Court; and

(3) When the issuance of a writ of execution is necessary to satisfy the costs when a person is
cited for examination in probate proceedings. This is provided under Section 13, Rule 142 of
the Rules of Court.

The case of Vda. De Valera v. Ofilada1 clearly explained that the circumstances that the Rules of
Court expressly specify that the probate court may issue execution may mean, under the rule
of inclusion unius est exclusion alterius, that those are the only instances when it can issue a writ of
execution.

1
GR L-27526. Sept. 12, 1974, 59 SCRA 96
ASSIGNMENT 5
DOMESTIC ADOPTION VS. INTER COUNTRY ADOPTION
DOMESTIC ADOPTION
Governing Law Republic Act No. 8552 Domestic Adoption Act
of 1998
AM No. 02-06-02-SC (August 22, 2002)
Application Applies to domestic adoption of Filipino
children, where the entire adoption process
beginning from the filing of the petition up to
the issuance of the adoption decree takes
place in the Philippines.
Who May Be A child legally available for adoption.
Adopted
Requisites:
1. Below 18 years old
2. Judicially declared available for
adoption
Exceptions:
1. Legitimate son/daughter of one
spouse by the other spouse
2. Illegitimate son/daughter by a
qualified adopter
3. Persons of legal age if, prior to the
adoption said person has been
consistently considered and treated
by the adopters as his/her own child
since minority
Who May Adopt
1. Filipino Requisites:
Citizen 1. Of legal age;
2. In possession of full civil capacity and
legal rights;
3. Of good moral character;
4. Has not been convicted of any crime
involving moral turpitude;
5. Emotionally and psychologically
capable of caring for children;
6. In a position to support and care for
his/her children in keeping with the
means of the family;
7. At least 16 years older than the
adoptee but this latter requirement
may be waived if (a) the adopter is
the biological parent of the adoptee;
or (b) the adopter is the spouse of
the adoptee‘s parent; and
8. Permanent resident of the
Philippines
INTER COUNTRY ADOPTION
Republic Act No. 8043 Inter Country Adoption
Act of 1995
Amended Implementing Rules and
Regulations
Applies to adoption of a Filipino child in a
foreign country, where the petition for
adoption is filed, the supervised trial custody
is undertaken and the decree of adoption is
issued outside of the Philippines.
Only a legally free child may be adopted.
Requisites:
1. Below 15 years old
2. Has been voluntarily or involuntarily
committed to the DSWD in
accordance with PD 603.
Requisites:
1. Permanent resident of a foreign
country;
2. Has the capacity to act and assume all
rights and responsibilities of parental
authority under Philippine laws;
3. Has undergone the appropriate
counseling from an accredited
counselor in country of domicile;
4. Has not been convicted of a crime
involving moral turpitude;
5. Eligible to adopt under Philippine
laws;
6. In a position to provide the proper
care and support and to give the
necessary moral values and example
to all his children, including the child
to be adopted;
7. Agrees to uphold the basic rights of
the child as embodied under
 DOMESTIC ADOPTION
12. Alien Requisites:
1. Same qualifications as above, and in
addition:
2. His/her country has diplomatic
relations with the Republic of the
Philippines;
3. His/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter;
4. Has been living in the Philippines for
at least 3 continuous years prior to
the filing of the application for
adoption and maintains such
residence until the adoption decree
is entered; and
5. Has been certified by his/her
diplomatic or consular office or any
appropriate government agency that
he/she has the legal capacity to
adopt in his/her country. This
requirement may be waived if (a) a
former Filipino citizens seeks to
adopt a relative within the 4th
degree of consanguinity or affinity;
(b) one seeks to adopt the legitimate
son/daughter of his/her Filipino
spouse; (c) one who is married to a
Filipino citizen and seeks to adopt a
relative within the 4th degree of
INTER COUNTRY ADOPTION
Philippine laws, the UN Convention
on Rights of the Child, and to abide by
the rules and regulations issued to
implement the provisions of the
ICAA;
8. Residing in a country with whom the
Philippines has diplomatic relations
and whose government maintains a
similarly authorized and accredited
agency and that adoption is allowed
in that country;
9. Possesses all the qualifications and
none of the disqualifications provided
in the ICAA and in other applicable
Philippine laws;
10. At least 27 years of age at the time of
the application; and
11. At least 16 years older than the child
to be adopted at the time of
application, unless (a) adopted is the
parent by nature of the child to be
adopted; or (b) adopter is the spouse
of the parent by nature of the child to
be adopted.
Requisites:
1. At least 27 years of age at the time of
the application;
2. At least 16 years older than the child
to be adopted at the time of
application unless the adopter is the
parent by nature of the child to be
adopted or the spouse of such parent;
3. Has the capacity to act and assume all
rights and responsibilities of parental
authority under his national laws;
4. Has undergone the appropriate
counseling from an accredited
counselor in his/her country;
5. Has not been convicted of a crime
involving moral turpitude;
6. Eligible to adopt under his/her
national law;
7. In a position to provide the proper
care and support and to give the
necessary moral values and example
to all his children, including the child
to be adopted;
8. Agrees to uphold the basic rights of
the child as embodied under
Philippine laws, the UN Convention
on the Rights of the Child, and to
abide by the rules and regulations
 DOMESTIC ADOPTION INTER COUNTRY ADOPTION
consanguinity or affinity of the issued to implement the provisions of
Filipino spouse. the ICAA;
9. Comes from a country with whom the
Philippines has diplomatic relations
and whose government maintains a
similarly authorized and accredited
agency and that adoption is allowed
under his/her national laws; and
10. Possesses all the qualifications and
none of the disqualifications provided
in the ICAA and in other applicable
Philippine laws.

Requirement of GENERAL RULE: Husband and wife shall If the adopter is married, his/her spouse
Joint Adoption jointly adopt; otherwise, the adoption shall must jointly file for the adoption.
by Spouses not be allowed.

EXCEPTIONS:
1. If one spouse seeks to adopt the
legitimate son/daughter of the other;
2. If one spouse seeks to adopt his/her
own illegitimate son/daughter but
the other spouse must give his/her
consent;
3. If the spouses are legally separated
from each other.
 DOMESTIC ADOPTION
A.M. 02-6-02 SC

Flow Chart on the Procedures

ADOPTER WHO MAY ADOPT

Section 4
(1) Any FILIPINO citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted
of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years
older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The
requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological
parent of the adoptee or is the spouse of the adoptee’s parent

(2) Any ALIEN possessing the same qualifications as above-stated for Filipino nationals: Provided, That his country has diplomatic
relations with the Republic of the Philippines, that he has been living in the Philippines for at least three (3) continuous years prior to
the filing of the petition for adoption and maintains such residence until the adoption decree is entered, that he has been certified by his
diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country, and that his
government allows the adoptee to enter his country as his adopted child. Provided, further, That the requirements on residency and
certification of the alien’s qualification to adopt in his country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4 th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse.

(3) The GUARDIAN with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities.

PETITION FOR
ADOPTEE WHERE TO FILE
ADOPTION Section 6
Family Court of the province or city where the
WHO MAY BE ADOPTED prospective adoptive parents reside.
Section 5
(1) Any person below eighteen (18) years of age
(2) The legitimate child of one spouse, by the other
spouse
(3) An illegitimate child, by a qualified adopter to raise
the status of the former to that of legitimacy
(4) A person of legal age regardless of civil status, if, ORDER OF HEARING
prior to the adoption, said person has been
consistently considered and treated by the adopters
as their own child since minority
(5) A child whose adoption has been previously
rescinded; or
(6) A child whose biological or adoptive parents have
died: Provided, That no proceedings shall be initiated CHILD AND HOME
within six (6) months from the time of death of said STUDY REPORTS
parents.
(7) A child not otherwise disqualified by law or these
rules. Section 13
In preparing the child study report on the adoptee, the concerned
social worker shall verify with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the adoptee was not
DECREE OF SUPERVISED
registered with the Civil Registry, it shall be the responsibility of the
social worker to register the adoptee and secure a certificate of
ADOPTION TRIAL CUSTODY foundling or late registration, as the case may be.

Section 16
If the supervised trial custody is
satisfactory to the parties and the
court is convinced from the trial
custody report and the evidence
adduced that the adoption shall
redound to the best interests of the
adoptee, a decree of adoption shall be
issued which shall take effect as of
the date the original petition was
filed even if the petitioners die before
its issuance.
Section 15
The court shall give the adopter trial custody of the
adoptee for a period of at least six (6) months within
which the parties are expected to adjust psychologically
and emotionally to each other and establish a bonding
relationship. The trial custody shall be monitored by the
social worker of the court, the Department, or the social
service of the local government unit, or the child-
placement or child-caring agency which submitted and
prepared the case studies. During said period,
temporary parental authority shall be vested in the
adopter.
HEARING
Section 14
Upon satisfactory proof that the order of hearing has been
published and jurisdictional requirements have been complied
with, the court shall proceed to hear the petition. The petitioner
and the adoptee must personally appear and the former must
testify before the presiding judge of the court on the date set for
hearing.

An alien adopter however must complete the 6-month

trial custody except the following:
a) a former Filipino citizen who seeks to adopt
a relative within the fourth (4th) degree of
consanguinity or affinity; or
b) one who seeks to adopt the legitimate child
of his Filipino spouse; or
c) one who is married to a Filipino citizen and
seeks to adopt jointly with his or her spouse
the latter’s relative within the fourth (4th)
degree of consanguinity or affinity.
 INTERCOUNTRY ADOPTION
Republic Act No. 8043

Flow Chart on the Procedures

ADOPTER WHO MAY ADOPT

Section 9
ALIEN or FILIPINO CITIZEN permanently residing abroad.
Requirements:
(a) At least 27 years of age and at least 16 years older than the child to be adopted, at the time of application unless the
adopter is the parent by nature of the child to be adopted or the spouse of such parent
(b) If married, his/her spouse must jointly file for the adoption
(c) Has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and
has undergone the appropriate counseling from an accredited counselor in his/her country
(d) Has not been convicted of a crime involving moral turpitude
(e) Eligible to adopt under his/her national law
(f) In a position to provide the proper care and support and to give the necessary moral values and example to all his
children, including the child to be adopted
(g) Agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the Rights
of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act
(h) Comes from a country with whom the Philippines has diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that adoption is allowed under his/her national laws, and
(i) Possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine
laws.

APPLICATION ADOPTEE WHERE TO FILE

TO ADOPT Section 10

WHO MAY BE ADOPTED

INTERCOUNTRY
ADOPTION
BOARD
Section 7
The Board shall ensure that all possibilities
for adoption of the child under the Family
Code have been exhausted and that inter-
country adoption is in the best interest of
the child.
Towards this end, the Board shall set up
the guidelines to ensure that steps will be
taken to place the child in the Philippines
before the child is placed for inter-country
adoption: Provided, however, That the
maximum number that may be allowed for
foreign adoption shall not exceed six
hundred (600) a year for the first five (5)
years.
TRIAL CUSTODY
Section 14
The governmental agency or the
authorized and accredited agency in the
country of the adoptive parents:
1. shall be responsible for the trial
custody and the care of the child
2. shall provide family counseling and
other related services.
The trial custody shall be for a period of
six (6) months from the time of
placement. Only after the lapse of the
Section 12
period of trial custody shall a decree of
Pre-adoptive Placement Costs
adoption be issued in the said country a
(a) The cost of bringing the child from the
copy of which shall be sent to the Board
to form part of the records of the child.
(b) The cost of passport, visa, medical
ISSUANCE OF DECREE OF
ADOPTION
Section 8
Only a legally free child may be the subject
of inter-country adoption. In order that
such child may be considered for
placement, the following documents must
be submitted to the Board:
(a) (a)Child study
(b) (b)Birth certificate/foundling
certificate
(c) (c)Deed of voluntary
commitment/decree of
abandonment/death
certificate of parents
(d) (d)Medical evaluation /history
(e) (e)Psychological evaluation, as
necessary, and
(f) (f)Recent photo of the child.
PAYMENT OF
PLACEMENT COSTS
Philippines to the residence of the
applicant(s) abroad, including all travel
expenses within the Philippines and
abroad; and
examination and psychological
evaluation required, and other related
expenses.
1. RTC having jurisdiction
over the child
2. Board, through an
intermediate agency
SUPPORTING
DOCUMENTS
Section 10
(a) Birth certificate of applicant(s)
(a) Marriage contract, if married, and divorce decree, if
applicable
(b) Written consent of their biological or adoptive children
above ten (10) years of age, in the form of sworn
statement
(c) Physical, medical and psychological evaluation by a
duly licensed physician and psychologist
(d) Income tax returns or any document showing the
financial capability of the applicant(s)
(e) Police clearance of applicant(s)
(f) Character reference from the local church/minister, the
applicant's employer and a member of the immediate
community who have known the applicant(s) for at
least five (5) years, and
(g) Recent postcard-size pictures of the applicant(s) and
his immediate family
FAMILY SLECTION OR
MATCHING
Section 11
It must be satisfactorily shown that the child cannot be adopted
locally. The clearance, as issued by the Board, with the copy of the
minutes of the meetings, shall form part of the records of the child
to be adopted. When the Board is ready to transmit the Placement
Authority to the authorized and accredited inter-country adoption
agency and all the travel documents of the child are ready, the
adoptive parents, or any one of them, shall personally fetch the child
in the Philippines.
ASSIGNMENT 6
GUARDIANSHIP
A.M. No. 03-02-05 SC

Flow Chart on the Procedures

GROUNDS OF Section 4
(a) death, continued absence, or incapacity of his parents;
PETITION (b) suspension, deprivation or termination of parental authority;
(c) remarriage of his surviving parent, if the latter Is found unsuitable
to exercise parental authority; or
(d) when the best interests of the minor so require.

PETITIONER WHO MAY PETITION

Section 2
(a) any relative or other person on behalf of a minor, or
(b) the minor himself if fourteen years of age or over
(c) the Secretary of Social Welfare and Development and
(d) the Secretary of Health in the case of an insane minor who
needs to be hospitalized.

PETITION FOR GUARDIANSHIP OVER CONTENTS OF PETITION

Section 7
THE PERSON OR PROPERTY, OR (a) The jurisdictional facts;
BOTH, OF A MINOR. (b) The name, age and residence of the prospective ward;
(c) The ground rendering the appointment necessary or convenient;
(d) The death of the parents of the minor or the termination, deprivation or suspension of their
parental authority;
(e) The remarriage of the minor’s surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of
persons having him in their care and custody;
(g) The probable value, character and location of the property of the minor; and
(h) The name, age and residence of the person for whom letters of guardianship are prayed.

OPPOSITION FAMILY WHERE TO FILE PETITION

Section 10
Any interested person
may contest the petition
by filing a written
opposition based on
such grounds as the
majority of the minor or
the unsuitability of the
person for whom letters
are prayed, and pray
that the petition be
denied, or that letters of
guardianship issue to
himself, or to any
suitable person named
in the opposition.
Section 3
COURT A petition for guardianship over the person or property, or both, of a minor may be filed in the Family Court of
the province or city where the minor actually resides. If he resides in a foreign country, the petition shall be
flied with the Family Court of the province or city where his property or any part thereof is situated.
CONSIDER WHO CAN BE
QUALIFICATIONS APPOINTED
FIX TIME AND NOTICE Section 5 Section 6
OF HEARING (a) moral character; (a) the surviving grandparent
(b) physical, mental and psychological and In case several
condition; grandparents survive, the
(c) financial status; court shall select any of them
(d) relationship of trust with the minor; taking Into account all
(e) availability to exercise the powers relevant considerations;
and duties of a guardian for the full (b) the oldest brother or sister of
CASE STUDY REPORT period of the guardianship; the minor over twenty-one
(f) lack of conflict of interest with the years of age, unless unfit or
minor; and disqualified;
(g) ability to manage the property of the (c) the actual custodian of the
minor. minor over twenty-one years
of age, unless unfit or
disqualified; and
HEARING (d) any other person, who in the
sound discretion of the court,
would serve the best
interests of the minor.
APPOINTMENT OF POSTING OF BOND IN
GUARDIAN THE FAMILY COURT

Section 13 Section 14
The final and executory judgment or order Before he enters upon the execution of his trust, or letters of
shall be served upon the Local Civil guardianship issue, an appointed guardian may be required to
Registrar of the municipality or city where post a bond in such sum as the court shall determine
the minor resides and the Register of
Deeds of the place where his property or
part thereof is situated shall annotate the
same in the corresponding title, and report SERVICE OF ISSUANCE OF LETTERS
to the court his compliance within fifteen
days from receipt of the order.
ORDER OF GUARDIANSHIP
ASSIGNMENT 7
EXTRAJUDICIAL SETTLEMENT VS. SUMMARY SETTLEMENT

EXTRAJUDICIAL SETTLEMENT SUMMARY SETTLEMENT

AS TO COURT INTERVENTION
There is no court intervention is required. There is court intervention because it is a
judicial adjudication, although summary.

AS TO VALUE OF ESTATE
The value of the estate is immaterial. The value of the estate matters, because it
covers only cases where the gross value of the
estate does not exceed P10,000.

AS TO TYPE OF SUCCESSION
This is only allowed in intestate succession. This is allowed in both testate and intestate
succession.

AS TO OUTSTANDING DEBTS
There must be no outstanding debts at the time This is available even if there are debts
of the settlement of the estate. outstanding. It is the court which will make
provisions for its payment.

AS TO WHO CAN INSTITUTE

This is resorted to at the instance of and by This may be instituted by any interested party,
agreement of all heirs. even a creditor of the estate without the
consent of all the heirs.

AS TO THE AMOUNT OF BOND

The amount of bond is equivalent to the value The amount of bond is to be determined by the
of the personal property. court.
ASSIGNMENT 8
DISCUSSIONS ON THE CASES

CASE 1 TITLE: Heirs of the Late Spouses Flaviano Maglasang and Salud Adaza-Maglasang, et. al. v. Manila
Banking Corporation, G.R. No. 171206, September 23, 2013

DISCUSSION: This case explains that claims against deceased persons should be filed during the settlement
proceedings of their estate. Such proceedings are primarily governed by special rules found
under Rules 73 to 90 of the Rules, although rules governing ordinary actions may, as far as
practicable, apply suppletorily. Among these special rules, Section 7, Rule 86 of the Rules
(Section 7, Rule86) provides the rule in dealing with secured claims against the estate. The
secured creditor has three remedies/options that he may alternatively adopt for the satisfaction
of his indebtedness:
(a) waive the mortgage and claim the entire debt from the estate of the mortgagor as an
ordinary claim;
(b) foreclose the mortgage judicially and prove the deficiency as an ordinary claim; and
(c) rely on the mortgage exclusively, or other security and foreclose the same before it is
barred by prescription, without the right to file a claim for any deficiency.
These remedies are distinct, independent and mutually exclusive from each other; thus, the
election of one effectively bars the exercise of the others; the remedies available to the mortgage
creditor are deemed alternative and not cumulative. Nonetheless, the plain result of adopting
the last mode (extrajudicial) of foreclosure is that the creditor waives his right to recover any
deficiency from the estate.

In this case, respondent sought to extra-judicially foreclose the mortgage of the properties
previously belonging to Sps. Maglasang (and now, their estates) and, therefore, availed of the
third option. It did not exercise the first option of directly filing a claim against the estate, as
petitioners assert, since it merely notified the probate court of the outstanding amount of its
claim against the estate of Flaviano and that it was currently restructuring the account. Thus,
having unequivocally opted to exercise the third option of extra-judicial foreclosure under
Section 7, Rule 86, respondent is now precluded from filing a suit to recover any deficiency
amount as earlier discussed.

CASE 2 TITLE: Virginia Garcia Fule v. CA, G.R. No. L-40502 and G.R. No. L-42670, November 29, 1976

DISCUSSION: This case explained what does the term "resides" mean. It connotes ex vi termini "actual
residence" as distinguished from "legal residence or domicile." This term "resides," like, the
terms "residing" and "residence," is elastic and should be interpreted in the light of the object or
purpose of the statute or rule in which it is employed. In the application of venue statutes and
rules — Section 1, Rule 73 of the Revised Rules of Court is of such nature — residence rather
than domicile is the significant factor.

"Resides" should be viewed or understood in its popular sense, meaning, the personal, actual or
physical habitation of a person, actual residence or place of abode. It signifies physical presence
in a place and actual stay thereat. In this popular sense, the term means merely residence, that is,
personal residence, not legal residence or domicile. Residence simply requires bodily presence
as an inhabitant in a given place, while domicile requires bodily presence in that place and also
an intention to make it one's domicile. No particular length of time of residence is required
though; however, the residence must be more than temporary.

In this case, the Court ruled that the last place of residence of the deceased Amado G. Garcia was
at 11 Carmel Avenue, Carmel Subdivision, Quezon City, and not at Calamba, Laguna.
CASE 3 TITLE: Garcia-Quiazon vs. Belen G.R. No. 189121. July 31, 2013

DISCUSSION: For Section 1, Rule 73, residence rather than domicile is the significant factor. Even where the
statute uses the word “domicile,” still, it is construed to mean residence and not domicile in the
technical sense. As generally used in statutes fixing venue, the terms are synonymous, and
convey the same meaning as the term “inhabitant.” In other words, “resides” should be viewed
or understood in its popular sense, meaning, the personal, actual or physical habitation of a
person, actual residence or place of abode. It signifies physical presence in a place and actual
stay thereat.

Venue for ordinary civil actions and that for special proceedings have one and the same
meaning. As thus defined, “residence,” in the context of venue provisions, means nothing more
than a person’s actual residence or place of abode, provided he resides therein with continuity
and consistency.

It is evident from the records that during his lifetime, Eliseo resided at No. 26 Everlasting Road,
Phase 5, Pilar Village, Las Piñas City. For this reason, the venue for the settlement of his estate
may be laid in the said city

CASE 4 TITLE: Philippine Savings Bank (PSB) vs. Judge Lantin and Candido Ramos 124 SCRA 476, No. L-33929
September 2, 1983

DISCUSSION: Insolvency proceedings and settlement of a decedent’s estate are both proceedings in rem which
are binding against the whole world. All persons having interest in the subject matter involved,
whether they were notified or not, are equally bound. Consequently, a liquidation of similar
import or “other equivalent general liquidation’ must also necessarily be a proceeding in rem so
that all interested persons whether known to the parties or not may be bound by such
proceeding.

In this case, the Court pointed out the erroneous use of Ramos that the rule on preference of
credit applies. In the absence of insolvency proceedings (or other equivalent general liquidation
of the debtor’s estate), the conflict between the parties must be decided pursuant to the well-
established principle concerning registered lands; that a purchaser in good faith and for value
(as the appellant concededly is) takes registered property free from liens and encumbrances
other than statutory liens and those recorded in the certificate of title. There being no insolvency
or liquidation, the claim of the appellee, as unpaid vendor, did not acquire the character and
rank of a statutory lien co-equal to the mortgagee’s recorded encumbrance, and must remain
subordinate to the latter.

The action filed by Ramos was only to collect the unpaid cost of the construction of the duplex
apartment. It is far from being a general liquidation of the estate of the Tabligan spouses.
CASE 5 TITLE: Baltazar v. Laxa, 669 SCRA 249, (April 11, 2012)

DISCUSSION: If the will is contested, all the subscribing witnesses, and the notary in the case of wills executed
under the Civil Code of the Philippines, if present in the Philippines and not insane, must be
produced and examined, and the death, absence, or insanity of any of them must be satisfactorily
shown to the court. If all or some of such witnesses are present in the Philippines but outside the
province where the will has been filed, their deposition must be taken.

If a holographic will is contested, the same shall be allowed if at least three (3) witnesses who
know the handwriting of the testator explicitly declare that the will and the signature are in the
handwriting of the testator; in the absence of any competent witnesses, and if the court deem it
necessary, expert testimony may be resorted to.

In this case, the inability of Faustino and Judge Limpin to appear and testify before the court was
satisfactorily explained during the probate proceedings. Because of this the probate of
Paciencia’s Will may be allowed on the basis of Dra. Limpin’s testimony proving her sanity and
the due execution of the Will, as well as on the proof of her handwriting. It is an established rule
that "[a] testament may not be disallowed just because the attesting witnesses declare against its
due execution; neither does it have to be necessarily allowed just because all the attesting
witnesses declare in favor of its legalization; what is decisive is that the court is convinced by
evidence before it, not necessarily from the attesting witnesses, although they must testify, that
the will was or was not duly executed in the manner required by law."

CASE 6 TITLE: Eugenia Codoy and Manuel Ramonal v. Evangeline Calugay, Josephine Salcedo, and Eufemia
Patigas

DISCUSSION: The word "shall" connotes a mandatory order. The Court have ruled that "shall" in a statute
commonly denotes an imperative obligation and is inconsistent with the idea of discretion and
that the presumption is that the word "shall," when used in a statute is mandatory.

The Court cannot eliminate the possibility of a false document being adjudged as the will of the
testator, which is why if the holographic will is contested, that law requires 3 witnesses to
declare that the will was in the handwriting of the deceased. It will be noted that not all the
witnesses presented by the respondents testified explicitly that they were familiar with the
handwriting of testator.

In the case of Augusto Neri, clerk of court of RTC-Misamis, he merely identified the record of
Special Proceedings No. 427 before said court. He was not presented to declare explicitly that
the signature appearing in the holographic was that of the deceased. Generosa E. Senon, the
election registrar of Cagayan de Oro City, was presented to identify the signature of the deceased
in the voter's affidavit, which was not even produced as it was no longer available.

The will was found not in the personal belongings of the deceased but with one of the
respondents, who kept it even before the death of the deceased. In the testimony of Ms. Binanay,
she revealed that the will was in her possession as early as 1985, or five years before the death
of the deceased. A visual examination of the holographic will convince us that the strokes are
different when compared with other documents written by the testator. The signature of the
testator in some of the disposition is not readable. There were uneven strokes, retracing and
erasures on the will.