The petition should state are the name of the heirs legatees and devicees also

include those agents in cases of minors and of course there address for purposes of
notice so the court then serve such personally (20 days before schedule hearing) or
by registered mail (10 days before schedule hearing)
So you also have to state in the petition of the name of the person who may have
the custody of the last will and testament if its not attach to the petition. So then
the court would order the person to deliver it. For failure or neglect to deliver 10
days to 20 days from the knowledge of the death could be a basis for administrative
sanction (contempt or fine).
After determining which court have jurisdiction, assuming its rtc upon receipt of the
last will and testament, the court then will set the time date and place of the initial
hearing. An order will be issued directly in party concern to be published in a
newspaper in general circulation for once a week for three consecutive weeks, Then
sending of the copies of the order to serve as notice to parties by registered mail.
Question what if they have not been notified personally nor by registered mail?
Would this have any effect on the proceeding?
No because this could be easily cured by the publication (constructive notice)

After that there would be what we call initial hearing this would be the first
hearing the party would be appearing in front of the court. What would happen in
the initial hearing? This is where the jurisdictional facts would be established.
Presentation of evidence to prove such facts the purpose is to prove to the court
that they have the jurisdiction to hear the case. What would know be the facts need
to be proven in order for the court to acquire jurisdiction?
1. Here you need to present to the court the petition itself as your exhibit A
there is no need to prove the contents there of for the court already
acknowledged the genuineness of the contents before they allowed the
publication of the petition.
2. The order of the court setting the case for initial hearing as your exhibit B.
3. The Proofs of notices given to the interested parties these are what we call as
notices of hearing exhibit C
4. The affidavit of publication issued by the editor in chief of the newspaper
5. The newspaper clippings. Only the page not the whole newspaper.
The moment the court is satisfied on the documents being presented, the court will
then admit the evidence. Then, it will be set for reception of evidence of the
petitioner.
Q: Things to be proved during the trial:

A: If it is a notarial will and uncontested, you need to present the will itself
and prove that it exists given the fact that you have already established the
fact of the death of the testator. ( you need to prove the extrinsic validity, its
due execution, testamentary capacity of the testator), needs at least one of
the subscribing witnesses.
If it is a holographic will and uncontested, it needs the testimony of one
witness who knows the handwriting and signature of the testator.
If it is a notarial will and contested, all the subscribing witnesses and the
notary public before whom the will was acknowledged must be produced and
examined. If it is a holographic will and contested, needs 3 witnesses who
know the handwriting of the testator.

Take note. If such witnesses live abroad or faraway or unfornately died first before
the testator (no longer competent to be a witness includes insanity etc) what would
you do now? You may present persons (at least three) who are familiar with the
signature of the testator or the lawyer that notarized the will.
The witnesses must attest the due execution of the will in accordance to the law,
the testator was of sound mind that he was not influence or undue influence or was
mistaken on signing the will so you go into the capacity and competence of the
testator
Thereafter, if it is allowed which is means it is found out that is was in accordance to
law it was authentic etc then there would be an issuance of certificate of allowance
which would be registered with the registry of deeds if involves Real property
because if only personal property no need to register with the RD. thereafter, there
would a hearing on the intrinsic validity of the will and as the oppositor after you
receive the copy of the judgment you can file an appeal within 30 days in
accordance to Rule 109. If the petition was disallowed the petitioner may also file an
appeal on the same rule 109.
Intrinsic validity, it would undergo the same process of publication in which it goes
through the validity of the provision of the will thereafter there would be a judgment
on whether the provision are valid or not in the case of the former there would be
an appointment of an administrator or the executor may be issued the letter of
testamentary who shall have the obligation to conduct the settlement of the estate,
handling any obligations, distribution and partition of the net estate.
Q: is it possible guys that after the allowance of the will there is no more need for
the hearing of the intrinsic validity of the will? It is very much possible In cases
where there is only one heir. No need to appoint an administrator.
Take note guys,the probate court has limited jurisdiction in handling issues of
ownership in the property probate of will. You may need to file a separate action.

How about the question of kinship can that be done on special proceedings? Yes it
can be done but on the intrinsic validity and not on extrinsic validity. Except in cases
of preterition or disinheritance than can be raise on the extrinsic validity.
Characteristics of the allowance of the will

Basically its IN REM which means that it binds the whole world in sofar as the
validity is allowed.
It is Mandatory. No transfer of ownership unless probated
Imprescriptible. Even if 100 years has passed the will can still be probated.
Estoppel does not apply

Class, can you file a probation of the will even though you dont have the copy of
the will? In a case perhaps of a creditor who is waiting for the heirs to probate the
will, does he have to wait for the heirs to initiate the filing? NO, he can file the
petition as having the view on appointing himself as the administrator of the estate
in order to protect his interest. But the creditor does not have the will, he can ask
the court to issue an order to deliver the will. In some circumstance, the will may
already been destroyed, the petitioner may present at least 2 witnesses to attest
that there was an existing will prior to the destruction or lost.
How about holographic will? Because if notarial will you can acquire a copy from the
notary public. Holographic will there is only one copy. If such is lost, you can present
a Xerox copy of the will.
Characteristic of the hearing on intrinsic validity
This time, it is IN PERSONAM that if a party is not notified the decision of the hearing
would not bind the parties not notified.

Reprobated
This is a will probated abroad for the testator is already domiciled abroad. In order
to validly probated abroad it need to be reprobated here in the Philippines because
there would be no passing of the title unless the will is authenticated by the courts
here in the Philippines. The procedures may be same as here in the Philippines. In
America is check2 lang same mura rag multiple choice. The problem is though when
there is property of the decedent here in the Philippines where the foreign court has
no jurisdiction of the properties. The administrator appointed by the foreign court
can function his power here in Philippines. There cannot be any disposition of the
properties unless reprobated here in the Philippines.