SPECIAL PROCEEDINGS RULE 72 SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES 1. Special proceedings: a.

Settlement of estate of deceased persons b. Escheat c. Guardianship and custody of children d. Trustees e. Adoption f. Rescission and revocation of adoption g. Hospitalization of insane patient h. Habeas corpus i. j. l. Change of name Voluntary dissolution of corporations Constitution of family home

k. Judicial approval of voluntary recognition of minor natural children; m. Declaration of absence and death n. Cancellation of correction of entries in civil registry 2. Civil Action distinguished from Special Proceedings: ACTION To protect or enforce a right, or to prevent or redress a wrong Initiated by Complaint Definite Parties Answer is filed Handled by court of general jurisdiction SPECIAL PROCEEDINGS To establish a status, right, or a particular fact Initiated by Petition Definite petitioner, no definite adverse party Opposition is filed Heard by court of limited jurisdiction

3. Jurisdiction and Venue in Special Proceedings a. Settlement of estate of deceased persons i. RTC Gross value of the estate exceeds P200,000/P400,000 ii. MTC Gross value of the estate does not exceed P200,000/P400,000 If resident place where deceased resided at time of death If non-resident place where deceased had estate b. Escheat i. RTC If resident place where deceased last resided If non-resident place where he had estate c. Guardianship and custody of children i. Family Court if the person to be guarded is a minor ii. RTC if the person to be guarded is an incompetent who is not a minor If resident place where minor/incompetent resides If non-resident place where minor/incompetent has property d. Trustees i. RTC Gross value of the estate exceeds P200,000/P400,000 ii. MTC Gross value of the estate does exceed P200,000/P400,000

 If will allowed in the Philippines court where will was allowed If will allowed outside the Philippines court in place where property is situated e. Adoption i. Family Court If domestic adoption place where adopter resides If inter-country adoption court who has jurisdiction over the adoptee f. Rescission and revocation of adoption i. i. Family Court RTC In place where person alleged to be insane is found h. Habeas corpus i. SC ii. CA iii. RTC (within its respective region) iv. Family Court (within its respective region) i. Change of name i. RTC In place where petitioner resides

g. Hospitalization of insane patient

j. Voluntary dissolution of corporations*

i. i. l. SEC RTC In place where the child lives Constitution of family home i. Family Court In place where property is located m. Declaration of absence and death i. Family Court In place where absentee resided before his disappearance n. Cancellation of correction of entries in civil registry* i. RTC In place where the civil registry is located SETTLEMENT OF ESTATE OF DECEASED PERSONS RULE 73 VENUE AND PROCESS
1. When probate passes upon question of title to property:

k. Judicial approval of voluntary recognition of minor natural children**

a. Interested parties who are all heirs consents and 3rd parties not prejudiced;
*

No longer under the regular courts No longer applies under the Family Code * This does not include the changes made by R.A. no. 9048, An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil Register Without Need of a Judicial Order, Amending for this Purpose Articles 376 and 412 of the Civil Code of the Philippines, promulgated March 22, 2001.
**

b. Otherwise, only in a provisional manner, to determine whether property should be included in the inventory, without prejudice to the final determination of title in a separate action.
2. When probate courts can issues writs of execution:

a. To satisfy distributive shares of the devisees, legatees, and heirs in possession of decedents assets; b. To enforce payment of expenses in partition; c. To satisfy costs when a person is cited for examination in probate proceedings. RULE 74 SUMMARY SETTLEMENT OF ESTATES
1. When estate need not be judicially administered through an administrator or

executor: a. Extrajudicial settlement; b. Summary settlement of estate of small value (not exceeding P10,000)
2. Extrajudicial settlement

a. Does not require court intervention; b. Value of estate is immaterial; c. Allowed only in intestate succession; d. Proper only where there are no outstanding debts of the estate at the time of settlement; e. Can be resorted to only at the instance and by agreement of all heirs. If heirs do not agree, they may resort to an action for partition
3. Requisites of a valid extrajudicial settlement:

a. Decedent dies intestate; b. No outstanding debts of the estate at the time of the settlement; c. Heirs are all of age or the minors are represented by their judicial guardians or legal representatives; d. Settlement is made in a public instrument duly filed with the register of deeds; e. Fact of settlement must be published in a newspaper of general circulation once a week for 3 consecutive weeks.
4. Summary settlement of estates with small value:

a. Involves judicial adjudication in a summary proceedings; b. Applies only when gross estate does not exceed P10,000; c. Allowed in both testate and intestate estates; d. Available even if there are debts as the court will make provisions for the payment thereof. RULE 75 PRODUCTION AND ALLOWANCE OF WILL 1. Probate of a will juridical act whereby an instrument is adjudged valid and is ordered to be recorded. 2. No will to pass property unless probated. 3. Custodian is a person chosen in advance and entrusted with the custody of the will. It does not refer to a mere possessor of the will. 4. The act penalized in 4 is a special statutory offense and is properly prosecuted upon complaint or information as other criminal offenses created by law ( US vs. Guimco) RULE 76 ALLOWANCE OR DISALLOWANCE OF A WILL
1. Jurisdictional facts alleged in petition for probate:

a. Person died leaving a will; b. In case of a resident, that he resided within the territorial jurisdiction of the court; (in the case of non-resident, that he left an estate within such territorial jurisdiction). 2. Grounds for disallowing will: a. Not executed and attested as required by law; b. Testator was mentally incapacitated to make a will or insane at the time of execution; c. Executed under duress, influence of fear, or threats; d. Procured by undue and improper influence and pressure on the part of the beneficiary or of some other person for his/her benefit; e. Signature of testator was procured by fraud/trick and she/he did not intend instrument to be will. 3. Differences between petition for probate filed by third persons, and by testator himself. FILED BY THIRD PERSON FILED BY TESTATOR HIMSELF Notice published once a week for 3 Newspaper publication not required consecutive weeks Personal notice given to designated/known heirs, legatees and devisees 4. Contents of petition for probate: a. Jurisdictional facts; b. Names, ages and residences of heirs, legatees, and devisees; c. Probable value and character of property of estate; d. Name of person for whom letters are prayed; and e. If will has not been delivered to the court, the name of the person having custody of it. 5. How will is proven as lost or destroyed: a. Prove that will: i. Was in existence at time of testators death, OR ii. Was fraudulently or accidentally destroyed in testators lifetime without his knowledge; AND b. Provisions of will must be clearly and distinctly proven by at least 2 credible witnesses RULE 77 ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE THEREUNDER 1. In re-probate of will proven abroad, proponent must prove: a. Testator was domiciled in the foreign country; b. Will has been admitted to probate in such country; c. Foreign country was, under the laws of such country, a probate court with jurisdiction; d. Law on foreign probate procedure and proof of compliance therewith; e. Legal requirements in said country for valid execution of will. RULE 78 LETTERS TESTAMENTARY AND OF ADMINISTRATION, WHEN AND TO WHOM ISSUED 1. The following are disqualified from serving as executors or administrators: a. A minor; Personal notice sent only to testators compulsory heirs

b. A non-resident (of Phils.) c. A person unfit in the opinion of the court to execute the duties of his trust 2. Requisites for a person to be appointed executor or administrator: a. Accepts the trust b. Gives a BOND c. Competent RULE 79 OPPOSING ISSUANCE OF LETTERS TESTAMENTARY, PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION 1. Contents of petition for issuance of Letters of Administration: a. Jurisdictional facts; b. Names, ages and residences of heirs, and creditors; c. Probable value and character of property of estate; and d. Name of person for whom letters are prayed. NOTE: Essentially the same as contents of petition for probate, except: (1) latter has an additional requirement (the last; see Rule 76); and (2) in the latter, no need to name creditors in the petition. RULE 80 SPECIAL ADMINISTRATOR Special Administrator appointed when there is a delay in granting letters testamentary or of administration by any cause, including an appeal from the allowance or disallowance of the will. RULE 81 BONDS OF EXECUTORS AND ADMINISTRATOR 1. Undertakings of bond of Executor/Administrator: a. Make and return a complete inventory of the property of the estate which has come to his possession or knowledge, or the possession of any person for him, within 3 months; b. To administer the property of the estate according to the Rules (if administrator) or according to the will (if executor); c. To render an account within 1 year and at any other time required by the court; and d. Perform all orders of the court. RULE 82 REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION, AND REMOVAL OF EXECUTORS AND ADMINISTRATION

1. Grounds for removal of executors or administrators: a. Neglects to render account and settle the estate according to law; b. Failure to perform order or judgment of the court or duty prescribed by the rules; c. Absconds; d. Becomes insane; e. Incapable or unsuitable to discharge trust. RULE 83 INVENTORY AND APPRAISAL. PROVISIONS FOR SUPPORT OF FAMILY 1. Properties not to be included in inventory as assets of the estate: a. Wearing apparel of surviving spouse and minor children; b. Marriage bed and bedding; AND

c. Provisions and articles which will necessarily be consumed in the subsistence of the deceaseds family.

RULE 85 ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS 1. Not proper expenses of administration which are not chargeable to estate: a. Services rendered by administrator which are not beneficial to the estate in favor of an heir; b. Premiums for her/his bond; c. Expenses for repair of property of the estate being used and occupied by him; d. Expenses for administration; keeping ordinary records and receipts involved in his

e. Losses incurred in conduct of business with use of funds of the estate. 2. Options of attorney to collect attorneys fees from estate: a. Sue administrator/executor in the latters personal capacity (who may then include any fees so paid in his account); OR b. File a petition in the testate/intestate proceedings asking the court, after notice to all interested persons, to allow his claim and to direct the executor/administrator to pay it as an expense of administration. RULE 86 CLAIMS AGAINST ESTATE
1. Notice for filing of claims:

a. Published once a week for 3 successive week in newspaper of general circulation; b. Posted: i. In 4 public places in PROVINCE of last residence of decedent; ii. In 2 public places in MUNICIPALITY of decedents last residence.
2. Claims which must be filed with the probate court:

a. All claims for money against decedent arising from contract; b. Claims for funeral expenses and for the last illness; c. Judgment for money. 3. Time for filing of claims: Must be filed within the time specified by the court in its notice, which period shall not be less than 6 months nor more than 12 months from the date of the first publication of the notice. HOWEVER, at any time before an order of distribution is entered, a creditor who failed to file his claim on time may, upon showing good cause, ask the court to allow him to file his claim. The court may then allow him to file such claim within a time which shall not exceed 1 month. 4. Alternative remedies available to mortgage creditor upon death of mortgagor: a. Abandon security and prosecute claim in probate court; b. Foreclose mortgage judicially; and recover deficiency thru claim in probate court; c. Rely solely on mortgage or security and foreclose the same within statute of limitations, without the right to recover the deficiency RULE 87 ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS 1. Actions which may be brought against the executor or administrator: a. To recover real or personal property or an interest therein; b. To enforce a lien thereon; c. To recover damages for an injury to person or property. 2. Requisites for creditor (instead of the executor/administrator) to be able to file an action to recover property fraudulently conveyed by the decedent: a. There is a deficiency of assets in the hands of the executor/administrator for the payment of the debts and expenses;

b. The deceased in his lifetime had made (or attempted) a fraudulent conveyance of his property with intent to defraud his creditors, or to avoid any right, debt or duty, or had made any such conveyance which would be void as against his creditors; c. The subject of the conveyance would be liable to attachment by any of the creditors during the decedents lifetime; d. The executor/administrator has shown to have no desire or interest to file the action, or has failed to do so within a reasonable time; e. Leave of court is obtained; f. A bond is filed by the creditor to indemnify the exec/admin against all costs and expenses incurred by reason of the action; and

g. The action is brought in the name of the exec/admin. HOWEVER, if the exec/admin was himself the transferee of the fraudulent conveyance, the last 3 requisites are not required, and the action is brought in the name of all the creditors. RULE 88 PAYMENT OF THE DEBTS OF THE ESTATE 1. Order of payment of debts: a. From portion of property designated in the will; b. From personal property not disposed of by will; c. From real property not disposed of by will. RULE 89 SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT
1. Petition for sale or encumbrance of real property:

a. Personal property is not sufficient to pay debts, expenses of administration and legacies, OR b. Sale of such personalty may injure business or interests of persons interested in the estate c. Testator did not make sufficient provisions for payment of debts, expenses of administration and legacies d. Sale or encumbrance would be beneficial to parties interested in the estate.
2. Reasons to sell personal property:

a. Payment of debts, expenses of administration and legacies in the Philippines b. Sale would be beneficial to persons interested in the estate; c. Payment of debts, expenses and legacies involved in settlement of estate of decedent in a foreign country. RULE 90 DISTRIBUTION AND PARTITION OF THE ESTATE 1. Remedy of heir who has not received his share of the estate: a. If excluded from the proceedings : move for reopening of the proceedings before the order declaring the same closed has become final and executory (after 30 days); b. If not excluded, but only has not yet received his distributive share under the project of partition: remedy is not to move for reopening (since proceedings are only deemed closed upon actual distribution), but to file a motion for execution within the reglementary period (5 years). RULE 91 ESCHEATS 1. Requisites for petition for escheat a. Person died intestate; b. Person died leaving no heirs; AND c. Person died leaving properties in the Philippines

2. Notice of hearing to be published once a week for 6 weeks; Date of hearing shall be not more than 6 months from entry of order fixing date of hearing. 3. Disposition of escheated property: a. If real to municipalities or cities located; b. If personal (1) To city or municipality where decedent last resided in Phils; (2) If decedent never resided in Phils, then to municipality or city where located. 4. Devisee, legatee, heir, or any other person entitled to the estate may file a claim with the court within 5 years from date of the judgment. GENERAL GUARDIANS AND GUARDIANSHIP RULE 92 VENUE 1. Venue of guardianship proceedings: in RTC of province where the minor or incompetent resides, or if non-resident, in any province wherein his property is located NOTE: Residence means domicile. RULE 93 APPOINTMENT OF GUARDIANS 1. Who may petition for appointment of guardian: a. Any relative, friend or other person on behalf of the minor/incompetent; b. The minor himself, if 14 or over. 2. Contents of petition: a. Jurisdictional facts; (minority/incompetency and his domicile) b. Minority or incompetency c. Names, ages and residences of the relatives of the minor/incompetent, and of the persons having him in their care; d. Probable value and character of property of estate; and e. Name of person for whom letters or guardianship are prayed 3. Notice of date and place of hearing to be given to all persons named in the petition residing in the province, and to the minor himself if over 15 (NOTE: not 15 or over) RULE 94 BONDS OF GUARDIANS 1. Undertaking of bond of guardian: a. Make and return a complete inventory of the property of the estate which has come to his possession or knowledge, or the possession of any person for him, within 3 months; b. To faithfully execute the duties of his trust; c. To render a true and just account; and d. Perform all orders of the court. 2. Bond may be proceeded against in the same or separate proceeding for the use and benefit of the ward, or of any other person legally interested in the estate. RULE 95 SELLING AND ENCUMBERING PROPERTY OF WARD 1. When real property of ward may be sold or encumbered: a. When income of wards estate is insufficient to maintain ward and his family (if incompetent), or to maintain and educate the ward (if minor); b. When it appears beneficial to the ward Guardian shall then file a verified petition setting forth such facts and praying for the authority to make such sale or encumbrance 2. Order granting the authority to sell shall last for only 1 year.

RULE 96 GENERAL POWERS AND DUTIES OF GUARDIANS 1. Every guardian, other than the wards parents, shall be allowed the amount of his reasonable expenses, and compensation which shall not exceed 15% of the NET income of the estate. RULE 97 TERMINATION OF GUARDIANSHIP 1. Grounds for removal of a guardian: a. Insanity; b. Becomes incapable of discharging his trust; c. Waste/mismanagement of estate; d. Failure to make an account or inventory within 30 days after it has become due (inventory: due within 3 months from appointment and annually thereafter; account: due annually) Grounds are EXCLUSIVE RULE 98 TRUSTEES 1. Venue for petitions for appointment of trustees: a. If trustee is necessary to carry into effect the provisions of a will, then in the RTC in which the will was allowed (assuming allowed in the Philippines); b. Otherwise, then in the RTC of any province in which some property affected by the trust is situated RULE 99 ADOPTION AND CUSTODY OF MINORS*
1. Venue of Adoption proceedings: Family Court of the province where the minor

resides.
2. Who may adopt:

a. Filipino citizen i. At least 18 (1) Full civil capacity and legal rights (2) Good moral character (3) No conviction of crime involving moral turpitude (4) Emotionally and psychologically capable of caring (5) Able to support in keeping with means of the family iii. At least 16 years older than the adoptee Exceptions: (1) If the adopter is the biological parent of the adoptee (2) If the adopter is the spouse of the adoptees parent (3) If the adopter is the sibling of the adoptee (Article IV, 7 of the IRR) b. Alien i. Possesses the same qualifications as a Filipino (i to iii of a) ii. His country has diplomatic relations with the Philippines iii. 3-year continuous residence before filing and maintains residence until the decree is entered iv. Certification by his government that (1) He has the legal capacity to adopt (2) The adoptee is allowed entry to his country as his son/daughter
*

ii. Capacity

As modified by R.A. no. 8552 or the Domestic Adoption Act

 Exceptions to iii and iv: (1) If the adopter is a former Filipino citizen seeking to adopt a relative within the fourth degree of consanguinity/affinity (2) If the adopter seeks to adopt the legitimate son/daughter of his/her Filipino spouse (3) If the adopter is married to a Filipino citizen and seeks to adopt jointly with spouse a relative within 4th degree of consanguinity/affinity of the spouse c. Guardian After termination of guardianship and clearance of financial accountabilities d. Husband and Wife General Rule: Joint adoption (joint parental authority) Exceptions: a. Adoption of legitimate son/daughter of the spouse b. Adoption of ones own illegitimate son/daughter Consent of other spouse needed c. Spouses are legally separated 3. Contents of petition: a. Jurisdictional facts; b. Qualifications of the adopter; c. That adopter is not disqualified by law; d. Name, age and residence of the adoptee and his relatives or of the persons who have him under their care; e. Probable value and character of the estate of the adoptee. 4. Who may be adopted a. Below 18 and declared available for adoption b. Legitimate son/daughter of one spouse Even if beyond 18 c. Illegitimate son/daughter Even if beyond 18 d. One of legal age but treated as own child since minority e. Child with rescinded adoption f. Child whose parents are dead 6-month bar to any proceedings 5. Whose consent needed: a. The adoptee if 10 years old or up b. Biological parents/legal guardian/proper government instrumentality; c. Legitimate and adopted children, 10 years or over, of adopter and adoptee, if any; d. Illegitimate children of adopter, 10 years or over, if living with adopter and the latters spouse, if any. e. Spouse, if any, of person adopting and to be adopted 6. Process (under the Domestic Adoption Act) a. Case study i. Adoptee ii. Biological Parents iii. Adopter

 Duty of the social worker to confirm identity and register the child Discretion of DSWD to recommend denial of petition when necessary The social workers of the courts may undertake the case studies in lieu of the DSWD social worker since 11 of the Domestic Adoption Act, which enumerates the people who may undertake the case studies, is NOT exclusive. (A.M. no. 00-8-03-SC, effective September1, 2000) b. Supervised trial custody i. 6-months bonding ii. Temporary parental authority iii. Period may be reduced Exception: Alien adopter (full 6 months) Exception to Exception: Relative adoption c. Decree of adoption After publication No opposition Evidence considered Effective date: As of filing of original petition (even if petitioner dies before issuance) d. Amendment of certificate of birth e. Confidentiality Public not allowed in proceedings Records confidential Court order needed for disclosure Original birth certificate canceled New birth certificate issued (without notation of amended issue)

RULE 100 RESCISSION AND REVOCATION OF ADOPTION

1. Who may petition? Adoptee only.

2. Grounds: a. Repeated physical and verbal maltreatment b. Attempt on life c. Sexual assault/violence d. Abandonment and failure to comply with parental obligation 3. Remedy of adopter against the erring adoptee a. Disinheritance 4. Effects of rescission: a. Restoration of previous legal custody (for minors) b. Extinguishment of reciprocal rights c. Cancellation of amended birth certificate and restoration of original birth certificate Vested rights respecting criminal sanctions remain. RULE 102 HABEAS CORPUS
1. Writ of habeas corpus may also be availed of as a consequence of a judicial

proceeding: a. There has been a deprivation of a constitutional right resulting in restraint of person;

b. The court had no jurisdiction to impose the sentence; c. An excessive penalty has been imposed, the sentence being void as to the excess.
2. Contents of petition: must be signed and verified, and shall set forth

a. That the person in whose behalf the application is made is imprisoned or restrained of his liberty b. The officer or name of the person by whom he is imprisoned or restrained; c. Place where he is imprisoned or restrained, if known; d. Copy of the commitment or cause of the detention, if it can be procured without impairing the efficiency of the remedy (if no legal authority for imprisonment, such fact shall appear) 3. Contents of the Return of the Writ: a. Whether he has the party under his custody, power or restraint; b. If he does, the authority and cause upon which he is held, together with a copy of the writ, order, execution or other process; c. If party is in his custody and is not produced, the gravity of his sickness or infirmity by reason of which he cannot be produced; and d. If he previously had custody, and has transferred the same to another, then state to whom, at what time, for what cause, and by what authority such transfer was made. 4. If it appears that that the prisoner is under custody under a warrant of commitment in pursuance of law, the return shall be prima facie evidence of the cause of the restraint. Otherwise, the return shall be only considered as a plea of the facts set forth, and the party claiming custody must prove the same. Therefore, in the former case, failure to file a reply to the Return warrants the dismissal of the petition. This is because unless the allegations are controverted, they are deemed to be true and admitted, the return being prima facie evidence of the cause of the restraint. 5. PRELIMINARY CITATION where a person detained under governmental authority and the illegality of his detention is not patent from the petition for the writ, the court may issue a citation to the government officer having the person in her/his custody to show cause why the writ should not issue. PEREMPTORY WRIT issued when the cause of detention appears to patently illegal and the non-compliance therewith is punishable 6. Elepante vs. Madayag: An appeal in Habeas Corpus proceedings should be perfected (i.e. by filing Notice of Appeal) within 48 hours, compliance with which is mandatory and jurisdictional. In counting the 48 hours, the date on which the decision was promulgated is not counted, and the period starts to run the following day RULE 103 CHANGE OF NAME 1. Venue RTC of province where petitioner resides 2. Contents of petition a. That petitioner is a bona fide resident of the province for at least 3 years prior to the date of the filing of the petition b. Cause for which the change of name is sought c. Name asked for (2) d. All names and aliases of petitioner (Republic vs. Zosa) 3. Notice of hearing published once a week for 3 consecutive weeks.

4. Date of hearing: cannot be held within 30 days before an election, or within 4 months after last publication 4 months 30 days

Last publication

Hearing

Election

Hearing cannot be scheduled within these periods 5. Title of Petition: Must include name, aliases, and name asked for. Example: In Re: Petition for Change of Name of X, alias Y, to Z. X, Petitioner. 6. Publication: must reproduce title of the petition (see above), and contain correct information as to: a. Name or names of petitioner; b. Cause for the change of name; c. Name asked for. Failure to comply with above requirements renders proceedings null and void RULE 105 JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN Recognition of natural children (art. 278,NCC) Only evidence accepted a. Record of birth b. Will c. Statement before court of record d. Any authentic writing RULE 107 ABSENTEES 1. Contents of petition for appointment of representative, or for declaration of absence and appointment of trustee or administrator: a. Jurisdictional facts; b. Names, ages, and residences of heirs instituted in the will (a copy of which must be presented) and of the intestate heirs; c. Names and residences of creditors and other persons with adverse interests over the properties of the absentee; d. Probable value, location and character of the property of the absentee. 2. Notice of hearing: published once a week for 3 consecutive weeks, and personal notice sent to all known heirs, legatees, devisees, creditors and other interested persons at least 10 days before the hearing. RULE 108 CANCELLATION AND CORRECTION OF ENTRIES IN CIVIL REGISTRY 1. Venue for petitions for cancellation/correction of entry in Civil Registry: province where the corresponding civil registry is located. 2. Parties to proceedings: a. The civil registrar AND b. All persons who have or claim any interest which would be affected thereby RULE 109 APPEALS IN SPECIAL PROCEEDINGS 1. Appeals in special proceedings may be taken from the following orders/judgments: a. Allowance/disallowance of wills; RTC of

b. Determination of lawful heir or distributive share of the estate to which such person is entitled; c. Allowance/disallowance of any claim against the estate of a deceased person or any claim presented on behalf of the estate to offset claim against it; d. Settlement of account of executor, administrator, trustee, or guardian; e. Constitutes, in proceedings relating to settlement of estate or administration of a trustee or guardian, a final determination in the lower court of the rights of the party appealing, EXCEPT that no appeal is allowed from appointment of special administrator. f. Final order or judgment rendered in case and affects substantial rights of person appealing UNLESS it be an order granting or denying a motion for new trial or motion for reconsideration.