Philippine Bar review · Question

Practice question: Judgments In Rem and Quasi In Rem

Multiple Choice Hard

Practice question

A final will allowance has settled due execution with jurisdiction and due process. A later party offers only a renewed ordinary formal-execution objection, establishes no fraud or lawful review exception, and calls it intrinsic validity. Which is correct?
  1. Renaming a formal objection defeats conclusiveness
  2. The label does not reopen the settled due-execution issue
  3. Every probate issue remains permanently open
  4. The rule protects no execution finding
  5. Any stranger can nullify probate by assertion

Legal references

  • Rule39 Sections16,26,47–48: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • Rule75 Section1, allowance conclusive as to due execution: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
  • Abella v. Sumayod, GR269598, April2,2025, MAIN ruling distinguishing probate extrinsic and intrinsic validity: https://lawphil.net/judjuris/juri2025/apr2025/gr_269598_2025.html

Answer this question in flashcards to review your response and continue practicing.