Q1. Distinguish civil actions from special proceedings.

Q. 2. Czarina died single. She left all her properties by will to her friend Duqueza. In the will,
Czarina stated that she did not recognize Marco as an adopted son because of his disrespectful
conduct towards her. Duqueza soon instituted an action for probate of Czarina’s will. Marco, on
the other hand, instituted intestate proceedings. Both actions were consolidated before the RTC
of Pasig. On motion of Marco, Duqueza’s petition was ordered dismissed on the ground that the
will is void for depriving him of his legitime. Argue for Duqueza.
Q3. An heir/oppositor in a probate proceeding filed a motion to remove the administrator on
the grounds of neglect of duties as administrator and absence from the country. On his part, the
heir/oppositor served written interrogatories to the administrator preparatory to presenting the
latter as a witness. The administrator objected, insisting that the modes of discovery apply only
to ordinary civil actions, not to special proceedings. Rule on the matter (10pts.)
Q4. A, a resident of Malolos, Bulacan, died leaving as estate located in Manila, worth Php200,
000. 00. In what court, taking into consideration the nature of jurisdiction and venue, should
probate proceedings on the estate of A be instituted? (10pts.)
Q5. Rene died intestate, leaving several heirs and substantial property in the Philippines.
(a) Assuming Rene left no debts, as counsel for Rene’s heirs, what steps would you suggest to
settle Rene’s estate in the least expensive manner? (5pts)
(b) Assuming Rene left only one heir and no debt, as counsel for Rene’s lone heir, what steps
would you suggest? (5pts)
Q6. The heirs of H agree among themselves that they will honor the division of H’s estate as
indicated in her Last Will and Testament. To avoid the expense of going to court in a Petition for
Probate of the Will, can they instead execute an extrajudicial settlement agreement among
themselves? Explain briefly. (10 pts.)
Q7. When a will is later discovered, what will happen to the letters of administration previously
granted?
Q8. What are the general powers and duties of executors and administrator?
Q9. What are the three (3) distinct, alternative remedies available to a mortgage creditor upon
the death of the mortgagor?
Q10. What is the concept of escheat?
Q11. May a trial court, acting as an intestate court, hear and pass upon questions of ownership
involving properties claimed to be part of the decedent’s estate? Explain. (10pts.)
Q12. Domenico and Gen lived without the benefit of marriage for twenty (20) years, during
which time they purchased properties together. After Domenico died without a will, Gen filed a
petition for letters of administration. Domenico’s siblings opposed the same on the ground that
Gen has no legal personality. Decide with reasons. (10pts)
Q13. What is the so-called “Statute of Non-Claims? (10 pts)
Q14. Suppose the property of D was declared escheated on July 1, 1990 in escheat proceedings
brought by the Solicitor General. Now, X, who claims to be an heir of D, files an action to recover
the escheated property. Is the action viable? Why? (10 pts)
Q15. Compare Domestic Adoption proceedings from Inter-Country Adoption. (10 pts.)
Q16. May a wife secure a writ of habeas corpus to compel her husband to live with her in the
conjugal bliss? Why? (10pts)

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Q17. Sal Mineo died intestate, leaving a Php 1 billion estate. He was survived by his wife
Dayanara and their five children. Dayanara filed a petition for the issuance of letters of
administration. Charlene, one of the children, filed an opposition to the petition, alleging that
there was neither an allegation nor genuine effort to settle the estate amicably before the filing
of the petition. Rule on the opposition.
Q18. Which court has jurisdiction over probate proceedings?
Q19. State the rule on venue in judicial settlement of estate of deceased person.
Q20. After Lulu’s death, her heirs brought her last will to a lawyer to obtain their respective
shares in the estate. The lawyer prepared a deed of partition distributing Lulu’s estate in
accordance with the terms of her will. Is the act of the lawyer correct? Why?
Q21. What are the requisites in order that a lost or destroyed will may be allowed?
Q22. Differentiate an executor from an administrator.
Q23. Suppose the property of D was declared escheated on July 1, 1990 in escheat proceedings
brought by the Solicitor General. Now X, who claims to be an heir of D, files an action to recover
the escheated property. Is the action viable? Why?
Q24. Discuss the concept of a Trust.
Q25. Which court has jurisdiction and venue over (1) Domestic Adoption case? And (2) Over
Inter-Country Adoption case?
Q26. May an illegitimate child, upon adoption by her natural father, use the surname of her
natural mother as her middle name?
Q27. Define writ of habeas corpus.
Q28. May a wife secure a writ of habeas corpus to compel her husband to live with her in
conjugal bliss?
Q29. A was arrested on the strength of a warrant of arrest issued by the RTC in connection with
an Information for Homicide. W, the live-in partner of A filed a petition for habeas corpus
against A’s jailer and police investigator with the Court of Appeals. Is the petition tenable?
Q30. Should a petition for the correction or change of the entries in one’s birth certificate be
granted by reason of “sex change?” Explain.
Q31. May the court grant a petition under Rule 108 to change the gender of a person from
“female” to “male” by reason of congenital adrenal hyperplasia (CAH)? Why?
Q32. Helen is the daughter of Eliza, a Filipina, and Tony, a Chinese, who is married to another
woman living in China. Her birth certificate indicates that Helen is the legitimate child of Tony
and Eliza and that she is a Chinese citizen. Helen wants her birth certificate corrected by
changing her filiation from “legitimate” and her citizenship from “Chinese” to “Filipino” because
her parents were not married. What petition should Helen file and what procedural
requirements must be observed? Explain.
Q33. Defined (1) Writ of Amparo; and Writ of Habeas Data.
Q34. May an order denying the probate of a will still be overturned after the period to appeal
therefrom has lapsed? Why?
Q35. For purposes of remarriage, discuss the necessity of a judicial declaration of presumptive
death under Article 40 of the Family Code.
Q36. Who may file petition for cancellation or correction of entries in the civil registry?
Q37. Cite valid grounds for Change of Name.
Q38. May a Family Home be established on property held in co-ownership with third persons?

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Q39. Compare Petition for Change of Name under Rule 103 from Petition for the Correction,
Cancellation of Entries under Rules 108.
Q40. What is Congenital Adrenal Hyperplasia (CAH)?
Q41.Distinguish jurisdiction over the subject matter from jurisdiction over the person of the
accused.(10pts)
Q42. Explain the so called “duplicity of the offense.” (10pts)
Q43. What are the requisites for a prejudicial question? (10pts)
Q44. Enumerate the instances when a warrantless arrest is lawful. (10pts)
Q45. Expound on the meaning and importance of arraignment. (10pts)
Q46. What are the exceptions to the Hearsay Rule. (10pts)
Q47. When A loaned a sum of money to B, A typed a single copy of the promissory note, which
they both signed. A made two photocopies of the promissory note, giving one copy to B and
retaining the other copy. A entrusted the typewritten copy to his counsel for safekeeping. The
copy with A’s counsel was destroyed when the law office was burned. As counsel for A, how will
you prove the loan given by A to B? Reason. (10pts)
Q48. A was accused of having raped X. Rule on the admissibility of the following piece of
evidence: a pair of short pants allegedly left by A at the crime scene, which the court, over the
objection of A, required him to put on, and when he did, it fit him well. (10pts)
Q49. The prosecution presented in evidence a newspaper clipping of the report to the reporter
who was present during the press conference stating that X admitted the robbery. Is the
newspaper clipping admissible against X? Why? (10pts)
Q50. Fallen by a bullet upon being fired at, Santos before expiring told Romero, a passerby who
came to his rescue, “I was shot by Pablo, our neighbour.” May Romero’s testimony on what was
told him by Santos be offered and admitted in evidence in the separate civil action for damages
brought by the heirs against Pablo? Discuss. (10pts.)

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