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Portugal v Portugal Beltran GR No. 155555 16 August 2005

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JOSE PORTUGAL
married to
PAZ LAZO
Paz gave birth to a boy named
Jose Douglas Portugal Jr.

ISABEL DE LA PUERTA
Isabel gave birth to a girl named
Leonila Perpetua Aleli Portugal

IN THE CASE AT BAR
The respondent believing rightly or wrongly that she was the sole heir to Portugal’s estate executed the questioned Affidavit of Adjudication under the 2nd sentence of Rule 74, Section 1 of the ROC.
The said rule is an exception to the general rule
When a person dies leaving a property, it should be judicially
administered and the competent court should appoint a qualified
administrator, in the order established in Section 6 Rule 78 in the
case the deceased
left no will
or in case he did, he failed to name an executor therein

Petitioners claim to be the exclusive heirs of Portugal.

A PROBATE or INTESTATE COURT has jurisdiction to declare who are the heirs of a deceased.

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