Philippine Bar review · Question

Practice question: Judgments In Rem and Quasi In Rem

Multiple Choice Medium

Practice question

In the Abella setting, a provision seeks property the testator did not own, and ownership absence is admitted. A beneficiary relies solely on final allowance of the will to compel that disposition. Which is correct?
  1. Only the will’s paper quality matters
  2. Probate automatically cures nonownership
  3. A beneficiary can inherit any named stranger’s property
  4. Finality creates title out of nothing
  5. Allowance as to execution does not supply missing ownership

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

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