1.

In settlement proceedings, appeal may be taken from an:

a. order appointing a special administrator;

b. order appointing an administrator;

c. order of an administrator to recover property of the estate;

d. order to include or exclude property from the estate.

SUGGESTED ANSWER:

(b) an order appointing a regular administrator is appealable (See Sy Hong Eng vs. Sy Liac Suy, 8
Phil., 594). An order of a CFI appointing an administrator of a deceased person's estate has
been held to be a final determination of the rights of the parties thereunder, and is appealable.
(Intestate Estate of Luis Morales et. Al. Vs. SIcat, L-5236, May 5, 1953). On the other hand, an
order appointing a special administrator is interlocutory in nature and a mere incident in the
judicial proceedings, hence not appealable. (Rule 109, Sec. 1, Rules of Court) (Samson vs.
Samson, 102 Phil. 735; Tan vs. Gedorio, Jr. G.R. No. 166520, March 14, 2008).

2. In default of parents, the court may appoint a guardian for a minor giving first preference
to:

a. an older brother or sister who is over 18 years old.

b. the actual custodian over 21 years old.

c. a paternal grandparent

d. an uncle or aunt over 21 years old.

SUGGESTED ANSWER:

(c), In default of parents or a court appointed guardian, the court may appoint a guardian of the
person or property, or both of a minor, observing as far as practicable, the following order of
preference: (a) the surviving grandparent. In case several grandparents survive, the court shall
select any of them taking into account all relevant considerations; (b) the oldest brother or
sister of the minor over twenty-one years of age, unless unfit or disqualified; (c) the actual
custodian of the minor over twenty-one years of age, unless unfit or disqualified; and (d) any
other person, who in the sound discretion of the court, would serve the best interests of the
minor. (SEC. 6, A.M. No. 03-02-05-SC 2003-05-01, Rule on Guardianship of Minors).

3. Which of the following is not a Special Proceeding?

a. Absentees;
b. Escheat;
c. Change of First Name;
d. Constitution of Family Home;

SUGGESTED ANSWERS:

(c), Under R.A. 9048, as amended by R.A. 10172, the correction of First Name can now be done
administratively before the Local Civil Registrar where the record sought to be corrected is kept
or the nearest Philippine Consulate. Hence, it is no longer considered a special proceeding since
the provisions of Rules 103 and 108 do not apply anymore in the change of First name of a
person.

(d), the rules on Constitution of the Family Home have already been repealed by Articles 152-
162 of the Family Code. Under Article 153 of the Family Code, a family home is deemed
constituted on a house and lot from the time it is occupied as a family residence. Consequently,
there is no need to constitute a family home either judicially or extrajudicially. Hence, it is no
longer considered a special proceeding.

ALTERNATIVE ANSWER: All the above-mentioned actions are considered Special Proceedings
because they are remedies which seek to establish a status, right or a particular fact. (Rule 1,
Sec. 2(c), Rules of Court).

4. If the judgment debtor dies after entry of judgment, execution of a money judgment may
be done by:

a. presenting the judgment as a claim for payment against the estate in a special proceeding.
b. filing a claim for the money judgment with the special administrator of the estate of the
debtor.
c. filing a claim for the money judgment with the debtor's successor in interest.
d. move for substitution of the heirs of the debtor and secure a writ of execution.

SUGGESTED ANSWER:

(a), If death occurs after judgment has already been entered, the final judgment shall be
enforced as money claim against the estate of the deceased defendant without the necessity of
proving the same. (Paredes vs. Moya, 61 SCRA 526, 1970).

5. A person entitled to the estate of a deceased person escheated in favor of the State
has:
a. 5 years from date of judgment to file a claim.

b. 2 years from date of judgment to file a claim.

c. 5 years from date of registration of the judgment to file a claim.

d. 2 years from date of registration of the judgment to file a claim.

SUGGESTED ANSWER:

(a), A person entitled to the estate of a deceased person escheated in favour of the
State has a period of five (5) years from the date of such judgment within which to file
a claim thereto with the court. A claim not made within said time shall be forever
barred. If the claim is meritorious, such person shall have possession of and title to the
same, or if sold, the municipality or city shall be accountable to, him for the proceeds,
after deducting reasonable charges for the care of the estate. (Rule 91, Sec. 4, Rules of
Court).

6. A special administrator may be appointed by a court when:

a. the executor cannot post a bond.

b. the executor fails to render an account.

c. regular administrator has a claim against estate he represents.

d. a Motion for Reconsideration is filed with respect to a decision disallowing probate of a

SUGGESTED ANSWER:

(c), If the executor or administrator has a claim against estate he represents, he shall
give notice thereof, in writing, to the court, and the court shall appoint a special
administrator (Rule 86, Sec. 8, Rules of Court).

7. Anna filed a petition for appointment as regular administratrix of her fathers' estate.
Her sister Sophia moved to dismiss the petition on the ground that the parties, as
members of the same family, have not exerted earnest effort toward a compromise
prior to the filing of the petition. Should the petition be dismissed?

(A) Yes, since such earnest effort is jurisdictional in all estate cases.

(B) No, since such earnest effort is not required in special proceedings.

(C) Yes, since such earnest effort is required prior to the filing of the case.
(D) No, since such earnest effort toward a compromise is not required in summary
proceedings.

8. Which of the following is a duty enjoined on the guardian and covered by his bond?

(A) Provide for the proper care, custody, and education of the ward.

(B) Ensure the wise and profitable investment of the ward’s financial resources.

(C) Collect compensation for his services to the ward.

(D) Raise the ward to become a responsible member of society.

9. A sued B in the RTC of Quezon City, joining two causes of action: for partition of real
property and breach of contract with damages. Both parties reside in Quezon City but the real
property is in Manila. May the case be dismissed for improper venue?

(A) Yes, since causes of action pertaining to different venues may not be joined in one action.

(B) No, since causes of action pertaining to different venues may be joined in the RTC if one of
the causes of action falls within its jurisdiction.

(C) Yes, because special civil action may not be joined with an ordinary civil action.

(D) No, since plaintiff may unqualifiedly join in one complaint as many causes of action as he
has against opposing party.

10. What defenses may be raised in a suit to enforce a foreign judgment?

(A) That the judgment is contrary to Philippine procedural rules.

(B) None, the judgment being entitled to full faith and credit as a matter of general comity
among nations.

(C) That the foreign court erred in the appreciation of the evidence.

(D) That extrinsic fraud afflicted the judgment.

11. Angel Kubeta filed a petition to change his first name "Angel." After the required
publication but before any opposition could be received, he filed a notice of dismissal. The
court confirmed the dismissal without prejudice. Five days later, he filed another petition,
this time to change his surname "Kubeta." Again, Angel filed a notice of dismissal after the
publication. This time, however, the court issued an order, confirming the dismissal of the
case with prejudice. Is the dismissal with prejudice correct?

(A) Yes, since such dismissal with prejudice is mandatory.

(B) No, since the rule on dismissal of action upon the plaintiff’s notice does not apply to special
proceedings.

(C) No, since change of name does not involve public interest and the rules should be liberally
construed.

(D) Yes, since the rule on dismissal of action upon the plaintiff’s notice applies and the two
cases involve a change in name.

12. Apart from the case for the settlement of her parents' estate, Betty filed an action against
her sister, Sigma, for reconveyance of title to a piece of land. Betty claimed that Sigma forged
the signatures of their late parents to make it appear that they sold the land to her when
they did not, thus prejudicing Betty’s legitime. Sigma moved to dismiss the action on the
ground that the dispute should be resolved in the estate proceedings. Is Sigma correct?

(A) Yes, questions of collation should be resolved in the estate proceedings, not in a separate
civil case.

(B) No, since questions of ownership of property cannot be resolved in the estate proceedings.

(C) Yes, in the sense that Betty needs to wait until the estate case has been terminated.

(D) No, the filing of the separate action is proper; but the estate proceeding must be suspended
meantime.

13. Which of the following is sufficient to disallow a will on the ground of mistake?

(A) An error in the description of the land devised in the will.

(B) The inclusion for distribution among the heirs of properties not belonging to the testator.

(C) The testator intended a donation intervivos but unwittingly executed a will.

(D) An error in the name of the person nominated as executor.

14. As a rule, the estate shall not be distributed prior to the payment of all charges to the
estate. What will justify advance distribution as an exception?

(A) The estate has sufficient residual assets and the distributees file sufficient bond.
(B) The specific property sought to be distributed might suffer in value.

(C) An agreement among the heirs regarding such distribution.

(D) The conformity of the majority of the creditors to such distribution.

15. In proceedings for the settlement of the estate of deceased persons, the court in which
the action is pending may properly

(A) pass upon question of ownership of a real property in the name of the deceased but
claimed by a stranger.

(B) pass upon with the consent of all the heirs the issue of ownership of estate asset,
contested by an heir if no third person is affected.

(C) rule on a claim by one of the heirs that an estate asset was held in trust for him by the
deceased.

(D) rescind a contract of lease entered into by the deceased before death on the ground of
contractual breach by the lessee.