13.

Sergio Punzalan, Filipino, 50 years old, married, and residing at Ayala Alabang Village, Muntinlupa City, of sound and disposing mind, executed a last will and testament in English, a language spoken and written by him proficiently. He disposed of his estate consisting of a parcel of land in Makati City and cash deposit at the City Bank in the sum of P300 Million. He bequeathed P50 Million each to his 3 sons and P150 Million to his wife. He devised a piece of land worth P100 Million to Susan, his favorite daughter-in-law. He named his best friend, Cancio Vidal, as executor of the will without bond.

1. Is Cancio Vidal, after learning of Sergio’s death, obliged to file with the proper court a petition for probate of the latter’s last will and testament? 2%

2. Supposing the original copy of the last will and testament was lost, can Cancio compel Susan to produce a copy in her possession to be submitted to the probate court? 2%

3. Can the probate court appoint the widow as executor of the will? 2%

4. Can the widow and her children settle extrajudicially among themselves the estate of the deceased? 2%

5. Can the widow and her children initiate a separate petition for partition of the estate pending the probate of the last will and testament by the proper court? 2%