(Total 10%)
(a) X files an unlawful detainer case against Y before the appropriate Metropolitan Trial Court. In his answer, Y avers as a special and affirmative defense that he is a tenant of X’s deceased father in whose name the property remains registered. What should the court do?
Explain briefly. (5%)
(b) 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. (5%)
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Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
1 comment:
VIII.
a.
The court should issue an order for preliminary conference within thirty (30) days after the answer is filed as provided under the revised rule on summary procedure.
b.
The heirs of H cannot execute an extrajudicial settlement agreement among themselves without filing a petition for probate of the H’s will. The law is explicit: No will shall pass real or personal property unless it is proved and allowed in accordance with the Rules of Court. If a deceased left a will, its probate is mandatory; otherwise, the right to make a will would be rendered nugatory.
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