1.
What are the requisites for the settlement of estate of deceased persons that may be
settled without court intervention?
the heirs are all of legal age or the minors are duly represented by their judicial or legal
representatives; and. a public instrument is duly executed by the heirs and filed with the
Register of Deeds.
2. Under the Rules, what are instances when the decedent’s estate may be settled with
the intervention of the court? (3 points)
debts outstanding against the estate which have not been paid, or that an heir or other
person has been unduly deprived of his lawful participation payable in money
3. Enumerate the jurisdiction of the Family Court under Section 5 of R.A. No. 8369. (5
points)
The Family Courts shall have exclusive original jurisdiction to hear and decide the
following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age but not less than nine (9) years of age or
where one or more of the victims is a minor at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to
Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living
together under different status and agreements, and petitions for dissolution of conjugal
partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No.
209, otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected
children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under
Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other
related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result
in physical, sexual or psychological harm or suffering to women; and other forms of
physical abuse such as battering or threats and coercion which violate a woman's
personhood, integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to
criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any
case pending in the regular courts, said incident shall be determined in that court.
4. Define domestic adoption under R.A. No. 11642. (2 points)
Adoption refers to the socio-legal process of providing a permanent family to a child
whose parents had voluntarily or involuntarily given up their parental rights, permanently
transferring all rights and responsibilities, along with filiation, making the child a
legitimate child of the adoptive parents.
5. State the title and the date passed into law R.A. 11642. (2 points)
"Domestic Administrative Adoption and Alternative Child Care Act" REPUBLIC ACT
NO. 11642, January 06, 2022
6.1 Rule 19 simply does not accommodate contingent claims.
6.2 Yes. Petitioners may obtain furnished copies of all processes and orders issued in
connection with the intestate proceedings, as well as the pleadings filed by the
administrator of the estate.
