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REPUBLIC VS CA – Declaration of Presumptive Death

 In special proceeding, the period to appeal is 30 days and in addition to the

filing of the notice of appeal, the appealing party must also file a record on
appeal before the trial court.
 In an ordinary proceeding, the period to appeal is 15 days from the final order
or decision and the appeal is perfected by filing a notice of appeal.
 Civil action is one by which a party sues another for the enforcement and
protection of his right or the prevention and redress of a wrong
 Special proceeding is a remedy by which a person seeks to establish a status,
a right, or a particular fact.
 RULING: Declaration of Presumptive Death is a summary proceeding under the
Family Code and not a special proceeding under the Rules of Court. It being a
summary ordinary proceeding, notice of appeal will suffice for the perfection
of appeal.
 Records on appeal is needed only for special proceeding cases and cases of
multiple or separate appeals.

2. PACIFIC BANK VS CA – Liquidation proceeding

 A petition for the liquidation of an insolvent corporation is a special proceeding

because it merely seeks the declaration of the insolvency of the corporation so
that the creditors will be able to file their claims in the settlement of the
corporation’s debts and obligations.
 Said petition not akin to interpleader but to the proceeding for the settlement
of the estate of deceased person. Former: Liquidators have interest while
Latter: Common purpose of determination of the assets and the payment of
all debt and liabilities.

3. NATCHER VS CA – Reconveyance and settlement of estate

 The action for reconveyance and annulment of title is a civil action while
matters relating to the settlement of the estate of a deceased person such as
advancement of property partake of the nature of a special proceeding which
concomitantly requires the application of specific rules provided for in the Rules
of Court.
 These matters fall within the exclusive jurisdiction of the probate court. Hence,
RTC, acting in its general jurisdiction, is devoid of authority to render an
adjudication and resolve the issue of advancement of the real property.
 Question of ownership in a settlement proceeding: The Court has consistently
enunciated the long standing principle that although generally, the probate
court may not decide a question of title and ownership, yet if the parties are
all heirs, or the question is one of collation and advancement of properties, or
when the parties consent to the assumption of jurisdiction by the probate
court, and the rights of third parties are not impaired, then the probate court
may decide on the issue of ownership.
4. MANALO VS CA – Earnest effort requirement only for civil actions “suit”

 It is a fundamental rule that in the determination of the nature of an action

or proceeding, the averments and the character of the relief were sought in
the complaint or petition, shall be controlling.

5. LEE VS VA -