SPECIAL PROCEEDINGS(2006 EDITION)RULE 72 :SUBJECT MATTER AND APPLICABILITY OF GENERAL RULESSPECIAL PROCEEDINGS
a remedy by which a party seeks to establish a status, a right or a particular fact. (Rule 1, Section 3c)SPECIAL PROCEEDINGS ENUMERATED IN THE RULES OF COURT1. settlement of estate of deceased persons;2. escheat;3. guardianship and custody of children;4. trustees;5. adoption;6. rescission and revocation of adoption;7. hospitalization of insane persons;8. habeas corpus;9. change of name;10. voluntary dissolution of corporations;11. judicial approval of voluntary recognition of natural children;12. constitution of family home;13. declaration of absence and death;14. cancellation and correction of entries in the civil registry.OTHER SPECIAL PROCEEDINGS1. liquidation proceedings2. intra-corporate controversies;3. corporate rehabilitation;4. recognition and enforcement of arbitration proceedings;5. vacation, setting aside, correction or modification of an arbitral award.6. any application with a court for arbitration assistance and supervision;JURISDICTIONGeneral rule: Regional Trial CourtEXCEPTION: MTC has jurisdiction in the following cases:1. Probate proceedings, whether testate or intestate, where the gross value of the estate does NOT exceed P300,000 or does NOT exceed P400,000 in Metro Manila,EXCLUSIVE of interest, damages of whatever kind, attorney
s fees, litigation, expenses and costs.2.DELEGATED JURISDICTION in Cadastral and Land Registration Cases covering lotswhere there is no controversy or opposition or contested lots where the value ofwhich does not exceed P 100T.NOTE: Appeal is taken to the CA, not to the RTC since MTC is equal to RTC in this instance.3.SPECIAL JURISDICTION
petitions for writ of Habeas Corpus in case of absence ofRTC judges.4blue 95 notes: SC and CA have original jurisdiction over habeas Corpus cases, concurrent with the RTC.
ORDINARYACTIONSPECIALPROCEEDINGTo protect or enforce a right or prevent or redress a wrongInvolves the establishment of the right, status or factInvolves two or more partiesMay involve only one partyGoverned by ordinary rules supplemented by special rulesGoverned by special rules supplemented by ordinary rulesHeard by courts of general jurisdictionHeard by courts of limited jurisdictionInitiated by a pleading and parties respond through an answerInitiated by means of a petition and parties respond by means of an opposition
ORDINARYCIVILACTIONSPECIALCIVILACTIONSPECIALPROCEEDINGOne by which a party sues another for the enforcement or protection of a rightor the prevention of a wrongCivil action subject to specific rulesRemedy by which a party seeks to establish a status, a right or a particular factGoverned by the rules for ordinary civil actionsOrdinary rules apply primarily but subject to specific rulesGoverned by special rules and ordinary rules apply suppletorilyInvolves two or more partiesInvolves two or more partiesMay involve only one partyInitiated by complaintSome are initiated by complaint while some are initiated by petitionInitiated by petitionBased on a caused of actionSome special civil actions have no cause of actionNot based on a cause of action (Except habeas corpus)
DIFFERENT MODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON1. Extrajudicial Settlement of Estate; (Section 1, rule 74)2. Summary settlement of Estate of Small Value; (Section 3, Rule 74)3. Partition; (Rule 69)4. Probate of Will; (Rule 75 to 79)5. Petition for letter of Administration in cases of intestacy. (Rule 79)PROCEDURE IN SETTLEMENT PROCEEDINGS
RULE 73 :VENUE AND PROCESSSection 1. Where estate of deceased persons settledVENUE> INHABITANT (Resident) Of Philippines (whether citizen or alien)
Court of the province/city where he resides at the time of death.> INHABITANT (Resident) OF FOREIGN COUNTRY
Court of any province wherein he hashis estateResidence
means his personal, actual or physical habitation, his actual residence or place of abode.2 Kinds of SettlementA. EXTRAJUDICIAL SETTLEMENT(Rule 74, Section 1)B. JUDICIAL SETTLEMENT
Testate or Intestate Proceedings instituted in the courtwhere decedent has his residence.EXTENT OF JURISDICTIONProbate courts are court of LIMITED jurisdiction. It may only determine and ruleupon issued relating to the settlement of the estate, namely:1. administration of the estate;2. liquidation of the estate; and3. distribution of the estate.GENERAL RULE: PROBATE COURT CANNOT DETERMINE ISSUE OF OWNERSHIP.EXCEPTIONS:1. Provisionally, ownership may be determined for the purpose of including property in inventory, without prejudice to its final determination in a separate action; or2. When all the parties are heirs and they submit the issue of ownership to theprobate court provided that the rights of third parties are not prejudiced; (Bernardo vs. CA, l-18148, Feb. 28, 1963)3. Question is one of collation or advancement.EXAMPLES OF OTHER QUESTIONS WHICH THE PROBATE COURT CAN DETERMINE1. Who are the heirs of the decedent;2. the recognition of a natural child;3. The validity of disinheritance effected by the testator4. status of a woman who claims to be the lawful wife of the decedent;5. the validity of a waiver of hereditary rights;6. the status of each heir;7. whether property in inventory is conjugal or exclusive property of deceased spouse;8. all other matters incidental or collateral to the settlement and distributionof the estate.PRINCIPLE OF EXCLUSIONARY RULEThe court first taking cognizance of the settlement of the estate of the decedent shall exercise jurisdiction to the exclusion of all other courts.The probate court acquires jurisdiction from the moment the petition for the settlement of estate is filed with said court. It cannot be divested of such jurisdiction by the subsequent acts of the parties as by entering into extrajudicial p
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