SPECIAL PROCEEDING Children; Writ of Habeas Data, Writ of Amparo,

Writ of Kalikasan, Writ of Continuing Mandamus

CIVIL ACTION AND SPECIAL
PROCEEDINGS DISTINGUISHED SECTION 2. APPLICABILITY OF RULES OF
CIVIL ACTIONS
*Civil Action is one whereby a party sues another
for the enforcement or protection of a right or the In the absence of special provisions, the rules
prevention or redress of a wrong; provided for in ordinary actions shall be, as far as
practicable, applicable in special proceedings.
*Special Proceeding pertains to a remedy by
which a party seeks to establish a status, a right, or Provisions on the ff Rules of Civil Procedure is
a particular fact; applicable in Special Proceedings:
*Action is a formal demand of a right by one against 1) Preparation, Filing and Service of
another, while the latter is but a petition for a Applications, Motions, and other Papers;
declaration of a status, right or fact. 2) Omnibus Motion Rule;
3) Subpoena;
*An action is adversarial in nature because it is 4) Computation of Time;
always based on a cause of action, while special 5) Motion for New Trial;
proceedings usually involve just one party, who 6) Modes of Discovery;
initiates the proceedings with a petition, an 7) Trial before Commissioners;
application or special form of a pleading; 8) Demurrer to Evidence.
NATURE OF SPECIAL PROCEEDINGS: NON- SETTLEMENT OF ESTATE OF DECEASED
ADVERSARIAL as there is no definite adverse party PERSONS
in the proceedings; it may only be adversarial in
nature when there are oppositors to the petition; RULE 73: GENERAL, VENUE AND PROCESS
RULE 72: SUBJECT MATTER AND *estate of a deceased person may be settled with or
APPLICABILITY OF GENERAL RULES without court intervention;
SECTION 1: SUBJECT MATTER OF SPECIAL *Court intervention is not necessary in case of
PROCEEDINGS extrajudicial settlement;
1) Settlement of estate of deceased persons; SECTION 1: PROCEEDINGS FOR SETTLEMENT
2) Escheat; OF ESTATE
3) Guardianship and custody of children;
JURISDICTION OVER SETTLEMENT OF ESTATE
4) Trustees;
5) Adoption; *MTC – if the gross value of the estate does not
6) Rescission and Revocation of adoption; exceed Php300,000.00 or Php 400,000 if within
7) Hospitalization of insane persons; Metro Manila;
8) Habeas Corpus;
9) Change of Name; *It is only probate proceedings that fall under the
10) Voluntary Dissolution of Corporations; jurisdiction of MTC;
11) Judicial Approval of Voluntary Recognition *All other special proceedings are triable by and fall
of Minor Children; within the exclusive original jurisdiction of the RTC
12) Constitution of Family Home; or Family Courts;
13) Declaration of Absence and Death;
14) Cancellation or Correction of Entries in the *sec. 1 relates to venue and not jurisdiction; so far
Civil Registry as it depends on the place of residence of decedent
or of the location of the estate;
*list is not exclusive;
*if the decedent was residing in the
*as long as the remedy seeks establishment of a Philippines at the time of death, regardless
right, status, or a particular fact; of whether the decedent’s place of
EX: a petition for liquidation of an insolvent residence.
corporation; Proof of Filiation of Illegitimate
For purposes of settlement of estate, RESIDENCE sum of money chargeable against the conjugal
refers to the “actual or physical” residence, as property; the proper remedy is for the creditor to
distinguished from legal residence or domicile. file a claim in the settlement of estate of the
decedent;
“Resides” – should be viewed or understood in such
that it signifies physical presence in a place and RATIONALE: upon death of one spouse, the
actual stay thereat; powers of administration of surviving spouse cease
and is passed to the administrator appointed by the
EXTENT OF JURISDICTION OF PROBATE probate court in the settlement proceedings;
COURT:
SECTION 3. PROCESS
*exercises limited jurisdiction;
SECTION 4. PRESUMPTION OF DEATH
*primarily concerned with the administration,
liquidation and distribution of the estate; Presumption of death for purposes of succession;
*It has the authority to : 1) determine the heirs; and *under the civil code, absence of 7 years, it being
2) make a just and legal distribution of the estate; unknown whether or not the absentee lives, is
3) recognition of a natural child; 4) status of a sufficient for the presumption of death to arise for
woman claiming to be the legal wife of the decedent all purposes EXCEPT FOR SUCCESSION;
*its jurisdiction extends to matters incidental or *absence of 10 years is necessary for purposes of
collateral to the settlement and distribution of the opening up the absentee’s succession;
estate:
*if the absentee turns out to be alive, he or she may
1) determination of the status of each heir; recover the balance of one’s estate after the
payment of all debts;
2)whether property included in the inventory is the
conjugal or exclusive property of the deceased SUMMARY SETTLEMENT OF ESTATES
spouse
SEC. 1 – EXTRAJUDICIAL SETTLEMENT OF
JURISDICTION OVER QUESTIONS OF ESTATES
TITLE TO PROPERTY
RATIONALE: when a person dies without leaving
*GR, probate court CANNOT adjudicate or pending obligations to be paid, the decedent’s heirs,
determine title to properties claimed to be a part of whether of age or not, are not bound to submit the
the estate and equally claimed as belonging to property to a judicial administration and the
outside parties; appointment of an administrator are superfluous
and unnecessary proceedings;
*Exception, for the purpose of determining whether
a certain property should or should not be included *it is NOT MANDATORY NOR COMPULSORY;
in the inventory;
REQUISITE FOR EXTRAJUDICIAL
*the probate court may pass upon the title thereto SETTLEMENT:
but such determination is not conclusive and is
1) Decedent died intestate;
subject to the final decision in a separate action
2) There are no outstanding debts at the time
regarding ownership, which may be instituted by
settlement;
the parties;
3) Heirs are all of legal age or minors are
EXCEPTIONS TO PROBATE COURT’S LIMITED represented by judicial guardians or legal
JURISSDICTION: Where the interested parties are representative;
the heirs who all appeared in the proceeding and 4) Settlement is made in a public instrument
rights of third parties are not impaired; or by means od an affidavit, in case of a sole
heir, duly filed with the RD;
SECTION 2. WHERE ESTATE SETTLED 5) Publication of the extrajudicial settlement in
UPON DISSOLUTION OF MARRIAGE newspaper of general circulation in the
*A creditor cannot sue the surviving spouse of a province once a week for three consecutive
decedent in an ordinary proceeding for collection of weeks; and
 6) Filing a bond equivalent to value of personal  It is only when personal property is involved
property posted with RD. in the summary settlement of estate that the
distributes are required to file a bond, the
*Failure to file the extrajudicial settlement or the
amount of which shall be fixed by the court;
affidavit of self-adjudication does not affect its
validity when there are no creditors or when no REMEDIES OF HEIRS WHO DID NOT TAKE
rights of creditors are involved. PART IN ACTION:
*object of registration is to serve as 1) File an action for reconveyance within 10
CONSTRUCTIVE NOTICE; years, which is based on an implied trust or
oconstructive trust;
*registration notifies third parties who wish to
acquire the property that it is subject to an *prescriptive period shall commence upon
encumbrance of 2 years, counted from the date of the issuance of a new title over the property
estate to the heirs; in question; or from the time of actual
notice in case of unregistered deed
EXTRAJUDICIAL SETTLEMENT – TO WHOM
BINDING:
*to those who are parties to the proceedings; PROBATE OF WILL
*publication of the settlement does not constitute HOW JURISDICTION ACQUIRED
constructive notice to the heirs who had no
knowledge or did not take part in tit because the 1) Attachment of a copy of the will to the
same was noticed after the fact of execution; petition;
2) Delivery of the will to the court;
*Bond is required only when personal property is
involved; REAL PROPERTY is subject to lien in GROUNDS FOR DISALLOWING A WILL:
favor of creditors, heirs or other persons for 2 years 1) If not executed and attested as required by
from distribution of estate; law;
SECTION 2. SUMMARY SETTLEMENT OF 2) Testator was insane, or otherwise mentally
ESTATES OF SMALL VALUE: incapable to make a will, at the time of its
execution;
*it may be chosen by the heirs regardless of 3) If it was executed under duress, or the
whether the decedent died testate or intestate; influence or threats;
4) If it was procured by undue and imporper
REQUISITES:
pressure and influence, on the part of the
1) Complaint must allege that the gross value beneficiary, or of some other person for his
of the estate of the deceased does not exceed benefit;
10k; 5) If the signature of the testator was procured
2) A bond has been duly filed in an amount by fraud or trick, and he did not intend that
fixed by the court; the instrument should be his will at the time
3) A proper hearing is held not less than 1 of fixing his signature thereto;
month nor more than 3 months from date of
ONCE ADMITTED TO PROBATE, the following
last publication of the notice;
must be done:
*it may be initiated by the heirs, creditors, or other
1) Judge shall issue a certificate of allowance of
interested persons filing a petition with the court;
the will, which mut be signed by the judge
*must be published in a newspaper of general and attested by the seal of the court;
circulation once a week for 3 consecutive weeks; 2) Clerk must record and file the certificate of
allowance;
SEC. 3- BOND TO BE FILED BY DISTRIBUTEES; 3) The will must be recorded in the register of
SEC. 4 – LIABILITY OF DISTRIBUTEES AND deeds of the province where the land is
ESTATE located;
RULE 78 – LETTERS TESTAMENTARY AND STATUTE OF NON-CLAIMS is the period fixed for
OF ADMINISTRATION the filing of claims against the estate, such that,
claims not filed within the said period are barred
EXECUTOR – a person nominated by a forever.
testator in his will to carry out his direction
and request thereof and to dispose of the CLAIMS TO BE FILED WITHIN THE PERIOD
property according to his testamentary
1) Claims for money against the decedent
provisions after his death;
arising from contract, express or implied
ADMINISTRATOR – is a person appointed whether due or contingent;
by the court of probate to administer and 2) Claims for funeral expenses and expenses
settle intestate estates and such testate for last sickness of decedent;
estates where no executor is named or 3) Judgment for money against decedent
executors named are incompetent, refuses
the trust or fails to give a bond;
DISTRIBUTION AND PARTITION
*Executor or administrator occupies a position of
trust and confidence; 2 REQUISITES BEFORE THE DISTRIBUTION OF
THE ESTATE
*law considers them as trustees of the estate and
the funds of the estate; 1) LIQUIDATION
2) DECLARATION OF HEIRS
ORDER OF PREFERENCE:
*FINAL DECREE OF THE ESTATE OF A
1) Surviving spouse;
DECEASED PERSON VESTS THE TITLE TO THE
2) Next of kin;
LAND OF THE ESTATE IN THE DISTRIBUTEES;
3) Persons requested by the surviving spouse
or next of kin; PROJECT OF PARTITION – this is usually
4) Principal creditor; prepared and presented to the court as a proposal
5) Other persons selected by the court; for the distribution of the hereditary estimates and
determines the persons entitled thereto.
*the probate court loses jurisdiction of an estate
SPECIAL ADMINISTRATOR
under administration only after payment of all the
Special Administrator is an officer of the court who debts and the remaining estate delivered to the
is subject to its supervision and control, expected to heirs entitled to receive the same;
work for the best interest of the entire estate, with a
view to its smooth administration and speedy
settlement;
*done only when there is delay in granting letters
testamentary or administration occasioned by any
cause;
CLAIMS AGAINST THE ESTATE
*only money claims;
*after the granting of the letters testamentary, the
court shall issue a notice requiring all persons
having money claims against the decedent to file
them in the office of the clerk of said court;
TIME TO FILE: not more than 12 months nor less
than 6 months reckoned from the date of the first
publication of the notice.