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SpecPro Reading Assignment 1

This document outlines special proceedings for settling estates in three sections. Section I introduces relevant case law. Section II describes extrajudicial and judicial modes of settlement, including agreement of heirs, affidavit of self-adjudication, partition, and probate. Section III focuses on Rule 74, which allows for summary settlement of small estates through simplified proceedings. It lists sections of Rule 74 and relevant case citations to illustrate its application.

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38 views

SpecPro Reading Assignment 1

This document outlines special proceedings for settling estates in three sections. Section I introduces relevant case law. Section II describes extrajudicial and judicial modes of settlement, including agreement of heirs, affidavit of self-adjudication, partition, and probate. Section III focuses on Rule 74, which allows for summary settlement of small estates through simplified proceedings. It lists sections of Rule 74 and relevant case citations to illustrate its application.

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Jacking1
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© © All Rights Reserved
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Special Proceedings

I. Nature and Purpose

A. Ching v. Rodriguez, G.R. No. 192828, Nov. 28, 2011


B. Montaer v. Sharia district court, G.R. No. 174975, January 20, 2009
C. Natcher v. CA, G.R. No. 133000, October 2, 2001
D. Caballes v. CA, G.R. No. 163108, February 23, 2005
E. Sheker v. Estate of Alice Sheker, G.R. No. 57912

II. Modes of Settlement of Estate

A. Extrajudicial Modes
i. Agreement of the heirs (Rule 74, 1)
ii. Affidavit of self-adjudication (Rule 74, 1)
B. Judicial Modes
i. Partition (Rule 74 1 ordinary action of partition)
ii. Stipulation in a pending action (Rule 74, 1)
iii. Interventions in a pending action (Rule 74, 1)
iv. Summary settlement of estates of small value (Rule 74, 2)
v. Probate (Petition for Letters)
-Testate
-Intestate

III. Rule 74 - Summary Settlement of Estates

A. Read Sections 1-5, Rule 74


B. Cases:
i. Arcillas v. Montejo, 26 SCRA 197 (1968)
ii. De Garces v. Broce, 23 SCRA 612 (1968)
iii. Lajom v. Viola, 73 Phil. 563 (1942)
iv. Neri v. Heirs of Uy, G.R. No. 194366, October 10, 2012
v. Sps. Benatiro v. Heirs of Cuyos, G.R. No. 161220, July 30, 2008
vi. Gerona v. de Guzman, 11 5CRA 153 (1964)
vii. Torres v. Torres, 10 SCRA 185 (1964)
viii. Sampilo v. CA, 103 Phil. 70 (1958)

MES/11.14.2017

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