Read without ads and support Scribd by becoming a Scribd Premium Reader.
See Premium Plans
 
 
1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 1111 of 40404040
SPECIAL PROCEEDINGS REMEDIAL LAWI.
 
PRELIMINARY MATTERS
DEFINITION
•
 
SPECIAL PROCEEDINGS –
A remedy bywhich a party seeks to establish a status, rightor a particular fact.
[Rule 1, Sec. 3(c)
 
 ]
APPLICABLE RULES
•
 
If special rules are provided, they shall apply.But in the absence of such special provisions,the rules applicable in special proceedings shallbe applied.
[Rule 72, Sec. 2
 
 ]
•
 
There are special proceedings which are notpart of the ROC (e.g. Writs of amparo andhabeas data), as special proceedings are ingeneral cases wherein one seeks to establishthe status/right of a party or a particular fact.
•
 
The State has an overriding interest in eachspecial proceeding, and the matter is not acontroversy between private parties purely.
[Bautista]
•
 
The distinction between final and interlocutoryorders in civil actions for purposes of determining the issue of applicability, is notstrictly applicable to orders in specialproceedings. Rule 109 specifies the orders fromwhich appeals may be taken.
[Regalado]
•
 
Rule 33 regarding judgment on demurrer toevidence is applicable to special proceedings.
[Matute v. CA (1969)
 
 ]
ORDINARY ACTIONS VIS-À-VIS SPECIALPROCEEDINGS
Ordinary action Special proceeding
To protect/enforce a rightor prevent/redress awrongTo establish a right/statusor factInvolves 2 or morepartiesMay involve only 1 partyGoverned by ordinaryrules, supplemented byspecial rulesGoverned by specialrules, supplemented byordinary rulesInitiated by a pleading,and parties respondthrough an answerInitiated by a petition,and parties respondthrough an opposition
VENUES AND JURISDICTIONS FORDIFFERENT SPECIAL PROCEEDINGS
Venue JurisdictionEstate settlement
Province of decedent'sresidence at the time of deathMTC - If estate's grossvalue does not exceedP300K (P400K in MetroManila)If non-resident decedent- Province where he hadestateRTC - If estate's grossvalue exceed MTC's jurisdiction
Escheat
If decedent diesintestate and withoutheirs - Province wheredecedent last resided orwhere estate isXXXXXIf reversion - Provincewhere land lieswholly/partiallyXXXXX
Guardianship
Where ward resides orwhere his property islocated (if non-resident)Family Court - If minorwardRTC - If other than minorward
Trusteeship
Where the will wasallowed or where theproperty affected by thetrust is locatedRTC
Adoption
If domestic - Whereadopter residesFamily CourtIf inter-country - Whereadoptee resides (if filedwith Family Court)Family Court or Inter-Country Adoption BoardIf rescission of adoption- Where adoptee residesFamily Court
Habeas corpus
Where detainee isdetained (if filed in RTC)SC (on any day and at anytime, enforceableanywhere in thePhilippines)XXXXXSandiganbayan (only in aidof its appellate jurisdiction)XXXXXCA (in instancesauthorized by law,enforceable anywhere inthe Philippines)XXXXXXRTC (on any day and atany time, enforceable onlywithin its judicial district)
Writ of amparo
Where the threat oract/comission or any of its elements occurred, atany day and time) (if filed in RTC)SC, CA, Sandiganbayan,RTC
Writ of habeas data
Petitioner's residence orwhere the place theinformaion isgathered/collected/stored, at the petitioner'soptionRTCSC, CA, Sandiganbayan -If the action concernspublic data files of government offices
Change of name
If judicial - Where theperson applying for thechange of his nameresidesRTCIf administrative - Local civil registry orPhilippine consulatea) Local civil registrywhere the record soughtto be changed is keptXXXXXb) Local civil registry of the place of residence of interested party (only if petitioner migrated toanother place in thePhilippines and it wouldbe impractical to file inthe place where recordssought to be changedare kept)XXXXXc) Philippine consulates(only for Philippinecitizens who reside inforeign countries)xXXXX
Cancellation/correction of entries in the civilregistry
 
 
1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 2222 of 40404040
SPECIAL PROCEEDINGS REMEDIAL LAW
If judicial - Where theconcerned civil registry islocatedRTCIf administrative - Local civil registry orPhilippine consulatea) Local civil registrywhere the record soughtto be changed is keptXXXXXb) Local civil registry of the place of residence of interested party (only if petitioner migrated toanother place in thePhilippines and it wouldbe impractical to file inthe place where recordssought to be changedare kept)XXXXXc) Philippine consulates(only for Philippinecitizens who reside inforeign countries)XXXXX
Declaration of absence and appointment of theirrepresentative
Where absentee residedbefore his disappearanceRTC
II.
 
SETTLEMENT OF ESTATE OFDECEASED PERSONSA.
 
VENUE AND JURISDICTION
•
 
Special proceedings for settlement of estatemay be testate (where the deceased left a will)or intestate (if there is no will).
•
 
Probate of a will is mandatory and takesprecedence over intestate proceedings.
•
 
If in the course of intestate proceedings, it isfound that the decedent left a will, proceedingsfor the probate of the latter should replace theintestate proceedings.
WHERE ESTATE IS SETTLED
1)
 
If decedent is a resident of the Philippines(whether citizen or alien) – Court of the placewhere the decedent resided at the time of death.2)
 
If decedent is a non-resident of the Philippines– Court of the place where the decedent hadhis estate.a)
 
RTC if estate is greater than P300K (P400Kin Metro Manila)b)
 
MTC if estate is less than P300K (P400K inMetro Manila)
•
 
Note:
Upon dissolution of marriage by thedeath of either the husband or the wife, thepartnership affairs must be liquidated in thein/testate proceedings of the deceased spouse.If both have died, liquidation may be made inthe in/testate proceedings of either.
[Rule 73,Sec. 2
 
 ]
 
•
 
If separate proceedings have beeninstituted for each estate, both proceedingsmay be consolidated if they were filed inthe same court
[Bernardo v. CA]
.
•
 
RESIDENCE
– Personal/actual/physicalhabitation, his actual residence or place of abode
[Fule v. CA]
, and not his permanentlegal residence of domicile
[Pilipinas Shell v.Dumlao
 
 ]
.
 
•
 
Wrong venue is a waivable procedural defect,and such waiver may occur by laches where aparty had been served notice of the filing of theprobate petition for a year and allowed theproceedings to continue for such time beforefiling a motion to dismiss.
[Uriarte v. CFI]
 
•
 
Extent of court’s jurisdiction:
 
Limited jurisdiction. It may only determine and ruleupon the following issues:
 
1)
 
Administration of the estate;2)
 
Liquidation of the estate;3)
 
Distribution of the estate.4)
 
Other issues that may be adjudicated on:a)
 
Who are the heirs of the decedent.
[Reyes v. Ysip
 
 ]
 b)
 
Recognition of a natural child.
[Gaas v.Fortich]
 c)
 
Validity of disinheritance effected bythe testator.
[Hilado v. Ponce de Leon]
 d)
 
Status of a woman who claims to bethe decedent’s lawful wife.
[Torres v. Javier]
 e)
 
Validity of a waiver of hereditary rights.
[Borromeo-Herrera v. Borromeo]
 f)
 
Status of each heir.
 
 
1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W1 0 0 % U P L A W U P B A R O P S 2 0 0 8 Page 3333 of 40404040
SPECIAL PROCEEDINGS REMEDIAL LAW
g)
 
Whether property in inventory isconjugal or exclusive property of deceased spouse.h)
 
All other matters incidental/collateral tothe settlement and distribution of theestate.
•
 
Exception:
 
[Coca v. Borromeo]
 Where a particular matter shouldbe resolved by the RTC in theexercise of its general jurisdictionor its limited probate jurisdiction isnot a jurisdictional issue but a merequestion of procedure and can bewaived.
 
DETERMINATION OF OWNERSHIP
•
 
General rule:
Not allowed.
•
 
Exceptions:
 1)
 
Provisionally, ownership may bedetermined for the purpose of includingproperty in inventory, without prejudiceto its final determination in a separateaction.2)
 
If all the parties are heirs and theysubmit the issue of ownership toprobate court, provided that the rightsof 3rd parties are not prejudiced.3)
 
If the question is one of collation oradvancement.4)
 
If the parties consent to theassumption of jurisdiction by theprobate court.
EXCLUSIONARY RULE
 
[Rule 73, Sec. 1
 
 ]
•
 
General rule:
The court first taking cognizanceof the settlement of the estate of the decedentshall exercise jurisdiction to the exclusion of allother courts. The probate court acquires jurisdiction from the moment the petition forthe settlement of estate is filed with said court.It cannot be divested of such jurisdiction by thesubsequent acts of the parties (e.g. if theyentered into an extrajudicial partitionsettlement).
[Sandoval v. Santiago]
•
 
Note:
In Rodriguez v. Borja, the SC saidthat the delivery of the will is sufficient for jurisdiction to be acquired, even if nopetition is filed.
•
 
Exception:
Estoppel by laches.
 
REMEDY IF THE VENUE IS IMPROPERLYLAID
 
•
 
General rule:
Ordinary appeal, and notcertiorari or mandamus.
•
 
Exception:
If want of jurisdiction appearson the record of the case.
[Rule 73, Sec. 1;Eusebio v. Eusebio
 
 ]
 
ISSUANCE OF WRIT OF EXECUTION
 
•
 
General rule:
Probate court cannot issue writof execution.
•
 
Rationale:
Its orders usually refer to theadjudication of claims against the estatewhich the executor/administrator maysatisfy without the need of executoryprocess.
•
 
Exception:
 
[Vda. de Valera v. Ofilada]
 1)
 
To satisfy the contributive shares of thedevisees/legatees/heirs when the latterhad entered prior possession over theestate.
[Rule 88, Sec. 6
 
 ]
 2)
 
To enforce payment of the expenses of partition.
[Rule 90, Sec. 3]
 3)
 
To satisfy the costs when a person iscited for examination in probateproceedings.
[Rule 142, Sec. 13
 
 ]
 
B.
 
PRESUMPTION OF DEATH
•
 
General rule:
A person is dead for the purposeof settling his estate if he has been missing for10 years.
[Art. 390, CC 
 
 ]
 
•
 
However, if the absentee disappeared afterthe age of 75 years, an absence of 5 yearsis sufficient for the opening of succession.
•
 
However, the following persons would beconsidered absent even for the purpose of opening succession after just 4 years:
[Art.391, CC 
 
 ]
 
1)
 
A person on board a vessel lost duringa sea voyage, or an aeroplane which ismissing.2)
 
A person in the armed forces who hastaken part in war.3)
 
A person who has been in danger of death under other circumstances.
•
 
If the absentee turns out to be alive, shall beentitled to the balance of his estate afterpayment of all his debts. The balance may berecovered by motion in the same proceeding.
[Rule 73, Sec. 4
 
 ]
 
C.
 
WAYS OF SETTLING THEESTATE
•
 
General rule:
Estate settlement should be judicially administered through anadministrator/executor.
•
 
Exceptions:
 1)
 
Extrajudicial settlement by agreementbetween/among heirs.
[Rule 74, Sec.1
 
 ]
 2)
 
Summary settlement of estates of smallvalue.
[Rule 74, Sec. 2
 
 ]
 
1.
 
EXTRAJUDICIALSETTLEMENT BYAGREEMENTBETWEEN/AMONG HEIRSPROCEDURE IN EXTRAJUDICIALSETTLEMENT BY AGREEMENT BETWEEN/AMONG HEIRS
Death of the decedentDivision of estate in public instrument or affidavitof adjudicationThe public instrument or affidavit of adjudicationmust be filed with the proper Registry of Deeds
Search
Search History:
Searching...
Result 00 of 00
00 results for result for
  • p.
    • Notes
    Load more