Uber Digests | Succession
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Succession

Jose Gabucan vs Judge Luis Manta

A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may […]

November 8, 2015

Elena Morente vs Gumersindo De La Santa

9 Phil 387 – Civil Law – Wills and Succession – Conditions on the Institution of Heirs – Prohibition to Remarry Sometime in the early 1900s, Consuelo Morente died leaving […]

September 14, 2014

In the Matter of the Intestate Estate of Ismael Reyes vs Cesar Reyes

345 SCRA 541 – Civil Law – Wills and Succession – Jurisdiction of the Probate Court The spouses Ismael and Felisa Reyes owned two parcels of land (Lot A and […]

September 13, 2014

Johnny Rabadilla vs Court of Appeals

334 SCRA 522 – Civil Law – Succession – Transmissible Obligations A certain Aleja Belleza died but he instituted in his will Dr. Jorge Rabadilla as a devisee to a […]

September 11, 2014

B.E. Johannes vs Judge Carlos Imperial

Taxation – Estate Tax – Deductions – Judicial Expenses Civil Law – Succession – Deductions from the Estate In August 1921, Carmen Johannes died leaving an estate of about P109k […]

February 20, 2014

Estate of K.H. Hemady vs Luzon Surety Co., Inc.

Civil Law – Wills and Succession – Transmissible Obligations Luzon Surety filed a claim against the estate of K.H. Hemady based on indemnity agreements (counterbonds) subscribed by distinct principals and […]

September 17, 2013

Maria Socorro Avelino vs Court of Appeals

Remedial Law – Special Proceedings – Letters of Administration – Judicial Partition In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed a petition for […]

March 29, 2013

Cristina Reillo vs Galicano San Jose

Remedial Law – Special Proceedings – Counterclaims – Fraudulent Deed of Extrajudicial Settlement – Publication Quiterio San Jose and Antonina Espiritu Santo are husband and wife. Both died intestate in […]

February 16, 2013

Octavio Maloles II vs Pacita De Los Reyes Phillips

Remedial Law – Special Proceedings – Intervention in Probate Proceedings  In 1995, Dr. Arturo De Los Santos filed a petition for probate of his will. He declared that he has […]

February 1, 2013
 

City of Manila vs Archbishop of Manila

Succession – Escheat The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that the original owner of said properties, […]

October 4, 2012
 

Rosario Feliciano Vda. De Ramos et al vs Court of Appeals

81 SCRA 393 – Succession – Prevarication – Lawyer’s Testimony vs Witness’ Testimony  The late Eugenia Danila left a will wherein she instituted among others Adelaida Nista as one of […]

August 7, 2012
 

Apolonio Taboada vs Avelino Rosal

118 SCRA 195 – Succession – Substantial Compliance Dorotea Perez left a will. The will has two pages. On the first page, which contains the entire testamentary dispositions, were the […]

August 7, 2012
 

Rosario Garcia vs Juliana Lacuesta

90 Phil 189 – Succession – Signing Using an X Mark  Antero Mercado left a will dated January 3, 1943. The will appears to have been signed by Atty. Florentino […]

August 7, 2012
 

Beatriz Nera vs Narcisa Rimando

18 Phil 450 – Succession – What “In the presence of each other” means  When a certain will was being signed, it was alleged that the testator and some subscribing […]

August 6, 2012
 

Lucio Balonan vs Eusebia Abellana

109 Phil 369 – Succession – Signature of Testator Anacleta Abellana left a will. In said will, she let a certain Juan Bello sign the will for her. The will […]

August 6, 2012
 

Jose Lopez vs Liboro

81 PHIL 429 – Succession – Pagination of the Will – Witnesses to a Will – Language of the Will – Thumb Mark as Signature  In 1947, Don Sixto Lopez […]

July 17, 2012
 

Nenita Suroza vs Honrado

110 SCRA 388 – Succession – Will Should be Written in a Language Known to the Testator  In 1973, Marcelina Suroza supposedly executed a notarial will bequeathing her house and […]

July 17, 2012
 

Spouses Sicad vs Court of Appeals

294 SCRA 183 – Succession – Donation Mortis Causa vs Donation Inter Vivos  In 1979, Aurora Montinola executed a deed entitled “Deed of Donation Inter Vivos” in favor of her […]

July 17, 2012
 

Blas et al vs Santos et al

1 SCRA 899 – Succession – Promise  Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three children. He also had grandchildren from his children with Marta […]

July 2, 2012

Herodotus Acebedo vs Bernardo Abesamis

217 SCRA 186 – Cicil Law – Law on Property – Partition – Co-ownership – Sale of a Portion of an Estate Subject to Partition – Succession Herodotus Acebedo and […]

November 20, 2011

Maria Cristina Bellis vs Edward Bellis

 20 SCRA 358 – Civil Law – Application of Laws – Nationality Principle Succession – Nationality of the Decedent – Legitimes Amos Bellis was a citizen of the State of Texas, and […]

November 5, 2010

Adolfo Aznar vs Helen Christensen Garcia

 7 SCRA 95 – Civil Law – Application of Laws – Foreign Law – Nationality Principle – Internal and Conflict Rule Application of the Renvoi Doctrine Edward Christensen was born in […]

November 5, 2010