Jessa F.

Austria 2010-100109

Special Proceedings

VENUE AND JURISDICTION OF SPECIAL PROCEEDINGS Special Proceedings Venue a. Where decedent resides b. If non-resident, place where he had an estate a. Person dies intestate leaving no heir 1. Decedent's residence 2. If non-resident, place where he had an estate 2. Escheat b. Reversion-where the land lies in whole or in part c. Unclaimed Balances Act-where the dormant deposits are located. 3. Appointment of Guardians (minors, incompetent) 4. Appointment of Trustees 5. Domestic Adoption 6. Inter-Country Adoption 7. Rescission of Adoption 8. Custody of Minors Where minor or incompetent resides a. Where the will was allowed; or b. Where the property or portion thereof affected by the trust is situated Where adopter resides Where adoptee resides if filed with Family Court Where adoptee resides Province or city where: a. Petitioner resides; or b. minor may be found Where the detainee is detained if the petition is filed with the RTC Where the threat act or omission was committed or any of its elements occurred Jurisdiction a. MTC-if gross value of estate does not exceed P300,000, or does not exceed P400,000 in Metro Manila. b. RTC-if the gross value of estate exceeds the above amount. RTC

1. Settlement of Estate

RTC RTC Family Court-in case of minors RTC (regular courts)-in case of incompetents RTC/MTC Family Court a. Family Court; or b. Inter-Country Adoption Board Family Court Family Court a. SC, CA, RTC, MTC in the province of city in case there is no RTC judge; or b. Sandiganbayan only in aid of its appellate jurisdiction RTC, Sandiganbayan, CA or SC or any justice thereof

9. Writ of Habeas Corpus

10. Writ of Amparo

11. Writ of Habeas Data

a. Where the petitioner of respondent resides; or RTC, Sandiganbayan, CA or SC when the b. that which has jurisdiction over the place action concerns public data files or government where the data or information gathered or offices collected or stored, at the option of petitioner Where the absentee resided before his disappearance RTC

12. Appointment of Representatives of Absentees/Declaration of Absence