Set aR Oo ee es SPEDIAL PROCEEDINGS Prof Taepag Te ACADEMICS COMMITTEE REMEDIAL LAW TEAM CRIMINAL PROCEDURE CIVIL PROCEDURE Ta BLE ga PECTAL PROCEEDINGS tats lg Tet UP LAW sci Professional Enhancement Program 20IG BAR REVIEWER finnisiionREMEDIAL LAW REVIEWER TABLE of CONTENTS SPECIAL PROCEEDINGS Table of Contents Preliminary Matters. A. Special procasdings.. Applicable Rules... ©. Venues and Jurisdictions for Special Proceedings Tonner BA Chapter 1: General Provisions... 244 L Subject Matter and Applicability of General RUIES concn 284 I Difference Between Action and Special Proceeding... 244 Chapter 2: Settlement of Estate of Deceased Persons 245, Venue and Process .. Summary Settlement of Estate 246 Production of Allowance of Will Necessary 49 Iv. Allowai 250 V. Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder 253, VL Letters Testamentary and of Administration, When and to Whom Issued 254 VIL Opposing Issuance Of Letters Testamentary, Petition and Contest For Letters Of Administration. 255 VIL Rule 80 ~ Special Administrator (SA) 256 Dt. Bond of Executors and Administrators 27 X Revocation of Administration, Death, Resignation, and Removal of Executors or Administrators... 7 258 XI. Inventory and Appraisal. Pravision for 259 XI General Powers. and” Duties of istrators, 259 y and Compensation of istrators, 260 262 Executors and Admi XIV. Claims Against Estate XV. Actions By and Against Executors and Administrators. 266 XVI. Payment of the Debts of the Estate 259 XVIL Sales, Mortgages, and Other Encumbrances of Property of Decedent ...271 XVIII. Distribution and Partition of the estate 274 XIX. Trustees... Chapter 3: Escheats... 280 L When Allowed 280 Hl. Duty of court; when petition sufticient287 Hl. Court shall adjudge that the estate shall SCN ene . vont IV, Poriad to appeal and claim the estate 2at V. Other actions for escheat n2B4 Chapter 4: Special Rules implementing the Family Courts. Guardianship Adaption.. Wl, Rules on Custody of Children (Rule 99, Sees. 6 and 7).. WV. Custody Corpus in Relation to Custody of Minors (AIM, No. 03-04-04-S0).. 300 V. Commitment of Children (A.M. No. 02-1- 198¢), 204 Chapter 5: Other Special Proceedings ....310 |. Hospitalization of Insane Persons (Rule 401) 310, Il. Declaration of Absence (RULE 107) and of Presumptive Death (ARTS. 390-392, CC) 310 Change of Name and Cancellation or ection of Entries in the Civil Registry 312 Voluntary Dissolution of Corporations a7 V. Naturalization. a7 Chapt Writ of Habeas Corpu: Writ of Amparo Writ of Habeas Data. IV, Writ Matrix Chapter 8: Corporate Rehat SPECIAL PROCEEDINGS UNIVERSITY OF THE PHIUPPINGS COLLEGE OF LAW OL BAR OPERATIONS COMMISSIONSREMEDIAL LAW REVIEWER PRELIMINARY MATTERS: Eee ect mon Pome ee we eveat rit rene Ne Ree bat DE See Doo Re NCOs fee Dela a eae CERN aR olga Breer Retort SPECIAL PROCEEDINGS UNIVERSITY OF THe PHIUPPINGS COLLEGE OF LAW Preliminary Matters ‘A. SPECIAL PROCEEDINGS B. APPLICABLE RULES ©. VENUES AND JURISDICTIONS FOR A. Special proceedings > A remedy by which a party soeks to establish a status, right or a particular fact (Rule 1, Sec. 3{c)p B. Applicable Rules If special rules are provided, they shall apply. But in the absence of such special provisions, the rules applicable in special proceedings shall ba applied (Rule 72, Sec. 2 > Thar ar spacial pceaadings which ara not part of the ROC (e.g. Writs of amparo and habeas dats) The State has an overriding interest in each special proceeding, and the matter is not a controversy between private parties purely (Bautista). > The distinction between final and intertocutory orders im civil actions for purposes of determining the issue of applicability, is not strictly applicable to arders in special proceedings; Rule 109 specifies the orders from which appeals may be taken (Regalado Rule 33 regarding judoment an demurrer to evidence is applicable to special provesdings (Matute v. CA (1962). OL SPECIAL PROCEEDINGS BAR OPERATIONS COMMISSIONS