Special Proceedings

What is a special proceeding (R1, sec. 3(c)) A remedy to establish a right, status, or fact.
Take note of the definition of the following terms:
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Probate
Reprobate
Legacy
Devise
Testate Estate
Intestate Estate
Executor
Administrator
Escheat
Guardian
Trustee
Fideicommisary substitution
Habeas Corpus
Adoption
Change of Name
Family Home
Absentees
Civil Registry
Multiple Appeals

Rules that govern SP:

1.
2.

1997 Rules of Civil Procedure

Rules in Ordinary Civil Actions

R73-R90
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Settlement of Estate of Deceased Persons (R73-90)

Escheat (R91)
Guardianship and Custody of Children (R92-97)
Trustees
Adoption

Rescission and revocation of adoption

Hospitalization
Habeas Corpus
Change of Name
Judicial Approval
Constitution of Family Home (repealed by the Family Code)
Declaration of Absence and Death
Correction and cancellation of entries

SP in Various Laws:
Family Code
RA 8369 (Family Courts)
PD 603
RA 7610
RA 7650
Voluntary / Involuntary Commitment of Children
Suspension and revocation of parental authority
Inter Country Adoption
R73: Settlement of Estate of Deceased Persons
Sec. 1 Where to file the petition for the settlement of Estate
a.
b.

RTC where the decedent is an inhabitant at the time of his death

RTC of any place where the deceased had any estate

What if small value? Sec. 19(4), BP 129

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Consider the gross value of the estate

If not more than 300,000 / 400,000: MTC, else RTC
The jurisdiction of the court cannot be questioned EXCEPT on appeal
o In other words, an MTD based on wrong jurisdiction cannot be filed