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STRATEGIC

LECTURE ON SPECIAL
PROCEEDINGS & SPECIAL CIVIL
ACTION FOR THE 2016 BAR
EXAMINATION

JUDGE GENER M. GITO, LL.M., D.C.L.


SPECIAL PROCEEDINGS
What is the difference between an
action or special proceedings?
ACTION SPECIAL PROCEEDINGS

It is a formal demand of It may be defined


one’s right in a court of
justice in the manner as an application
prescribed by the court or proceeding to
or by law. It is a method establish the status
of applying legal or right of a party,
remedies according to
definite established rules or a particular fact.
May a Regional Trial Court, acting as a
court of general jurisdiction in an
action for reconveyance and
annulment of title with damages,
adjudicate matters relating to the
settlement of the estate of a deceased
person particularly on questions as to
advancement of property made by the
decedent to any of the heirs?
Natcher vs. Court of Appeals
October 2, 2001
• Kris and James were registered owners of a parcel of
land with an area of 9,322 square meters and covered
by TCT No. 11889. Upon the death of Kris, James,
together with his six children, namely: Noynoy, Balsy,
Cory, Macoy, Jojo and Mar, entered into an extrajudicial
settlement of Kris’ estate adjudicating and dividing
among themselves the real property subject of TCT No.
11889. Under the agreement, James received 8/14
share while each of the six children received 1/14 share
of the said property. Accordingly, TCT No. 11889 was
cancelled, and in lieu thereof, TCT No. 35980 was
issued in the name of James and the Six children
Natcher vs. Court of Appeals
October 2, 2001
• Said heirs executed an "Agreement of Consolidation-Subdivision
of Real Property with Waiver of Rights" where they subdivided
among themselves the parcel of land covered by TCT No. 35980
into several lots. James then donated to his children, share and
share alike, a portion of his interest in the land amounting to
4,849.38 square meters leaving only 447.60 square meters
registered under James’ name, as covered by TCT No. 35988.
Subsequently, the land subject of TCT No. 35988 was further
subdivided into two separate lots where the first lot with a land
area of 80.90 square meter was registered under TCT No.
107442 and the second lot with a land area of 396.70 square
meters was registered under TCT No. 107443. Eventually, James
sold the first lot to a third person but retained ownership over
the second lot.
Natcher vs. Court of Appeals
October 2, 2001
• James married Natcher. During their marriage,
James sold the land covered by TCT No. 107443
to his wife Patricia as a result of which TCT No.
186059 was issued in the latter's name. James
died leaving his second wife Nachter and his six
children by his first marriage, as heirs.
• The heirs filed an action for reconveyance
assailing the sale made by James to Natcher. They
claim that their inheritance right was impaired on
account of the sale.
Natcher vs. Court of Appeals
October 2, 2001
• RTC ruled among others:
• “Although the deed of sale cannot be
regarded as such or as a donation, it may
however be regarded as an extension of
advance inheritance of Natcher being a
compulsory heir of the deceased."
Natcher vs. Court of Appeals
October 2, 2001
• An action for reconveyance and annulment of
title with damages is a civil action, whereas
matters relating to settlement of the estate of
a deceased person such as advancement of
property made by the decedent, partake of
the nature of a special proceeding, which
concomitantly requires the application of
specific rules as provided for in the Rules of
Court.
Natcher vs. Court of Appeals
October 2, 2001
• Clearly, matters which involve settlement and
distribution of the estate of the decedent fall within
the exclusive province of the probate court in the
exercise of its limited jurisdiction.
• Thus, under Section 2, Rule 90 of the Rules of Court,
questions as to advancement made or alleged to have
been made by the deceased to any heir may be heard
and determined by the court having jurisdiction of the
estate proceedings; and the final order of the court
thereon shall be binding on the person raising the
questions and on the heir.
Settlement of Estate of Deceased
Persons
(RULE 73 TO 90)
Where Settle of Estate of
Deceased Filed?
(Section 1, Rule 73)
If decedent is not a
If decedent is resident
resident of the
of the Philippine at the
Philippines at the time
time of death
of death

RTC of the
RTC of the
province in which
province in which
he has estate or
he resides
any part thereof
Effect of RA 7691
The First Level Courts have jurisdiction over
probate proceedings, testate or intestate
depending on the value of the estate:

P200,000 if
within Metro
Manila

P100,000 if
outside
Metro Manila
How may the estate of deceased
settled?
Extra-judicial Summary Self-
Judicial
settlement settlement Adjudication
settlement
of estate of estate

He left no Thru letters


will administration

He left no Thru letters


debts testamentary

Heirs are all of age


or minors
represented by
guardian
Testate vs. Intestate

Testate when Intestate when


BUT:
there is a will there is no will

Testate takes
precedence
over
intestate
proceedings
Jurisdiction of the probate or
intestate court is limited

• Jurisdiction only relates to the matters having


to do with the settlement of the estate and
the probate of the will of deceased person
and the appointment and removal of
administrators, executors, guardians and
trustees but does not extend to determination
of ownership that arise during the
proceedings.
Uy, et.al., vs. Judge Capulong
(221 SCRA 87)
• When questions arise as to ownership of the
property alleged to be part of the estate of
the deceased person, not by virtue of any
right of inheritance from the deceased, such
questions cannot be determined in the courts
of administration proceedings. The trial court,
acting as probate court has no jurisdiction to
adjudicate such contentions which must be
submitted to court of general jurisdiction.
Illustration
• One of the properties inventoried as part of
the estate of the deceased person is being
claimed by Roberto. Roberto intervened in the
intestate court in order to recover from the
estate of the deceased said property.
• Does the intestate have the power to
entertain the intervention filed by Roberto?
• NO.
May a probate or intestate court
determine heirship?

Yes. A judicial
determination that a
certain person is an heir of
the decedent is exclusively
Litam vs. Espiritu, 100 Phil.
within the range of the
364 administration proceedings
and cannot properly be
made as an independent
action
Illustration
• Juana filed a complaint for annulment of sale and
partition against the heirs of Roberto. Juana
claimed she is an adopted child of Roberto. Juana
contended that it would be entirely impossible
for Roberto to execute the deed of sale in favor of
the heirs as he was already dead at the time of
the execution of the deed of sale.
• Juana was successful. She was able to prove that
she had the right to institute the action as she
was an adopted daughter of Roberto. The
judgment became final.
Illustration
• Later on, Juana filed an action to amend the
Title of the property of Roberto which was
already in the name of the other heirs of
Roberto. Juana claimed that she should be
included also as one of the heirs. Juana used
as basis the judgment declaring her as duly
adopted daughter of Roberto.
• Is the action proper?
Bayagas vs. Bayagas
September 18, 2013
• No. The trial cannot make a declaration of
heirship in an ordinary civil action, for matters
relating to the right of filiation and heirship
must be ventilated in a special proceeding
instituted precisely for the purpose of
determining such rights.
Summary Settlement of Estate
(Rule 74)
Methods of
summarily settling
the estate of
deceased person

Extra-judicial Agreement in an Settlement of small


settlement of estate action for partition value estate

Self adjudication
Extra-Judicial Settlement of Estate

Requisites:
Decedent left no will
and no debts

Heirs are all of age or


minors are represented
by guardians
How effected?
Extra-Judicial Settlement Self-Adjudication
By execution of affidavit of self-
Execution of public instrument
adjudication

Registration of public instrument By filing of said affidavit with the


with the Register of Deeds Register of Deeds

Posting of bond equivalent to the Posting of bond equivalent to the


amount of personal property amount of personal property

Publication of the Deed Publication of the affidavit


Agreement in an action for partition

Requisites:

Decedent left no will


and no debts

Heirs are all of age or


minors are represented
by guardians
How Effected?
• There must be an action for partition filed by
any or all of the heirs. In the said action, the
parties entered into a compromise agreement
to have the estate of the deceased settlement.
This compromise agreement will have to be
approved by the Court where the action for
partition is pending.
Settlement of Small Value Estate

Requisite: Summary:
Settlement shall proceed without the
The estate appointment of an executor or
does not administrator
exceed
P10,000 Granting of allowance of the will
whether
testate or
Determine who are legally entitled to
intestate participate

Division of estate
Suppose an extra-judicial settlement of
estate was executed by the three (3)
children of the deceased. The heirs
complied with all the requisites of the
Rules. After 3 years from the
settlement and distribution of estate, a
person claiming to be an heir surfaced.
Can this person still claim from the
estate of the deceased?
Section 4, Rule 74
• If it shall appear at any time within two (2)
years the settlement and distribution of an
estate in accordance with the provisions of
either of Sections 1 and 2, Rule 74, that an
heir or any other person has unduly been
deprived of his lawful participation or it shall
then appear that debts are outstanding
against the estate and which have not been
paid…..
Please take note:
• Section 4, Rule 4 is only applicable to
persons who have participated or taken
part or had notice of extra-judicial
partition
• There is nothing in Section 4, Rule 74 which
clearly shows a statute of limitation and a
bar against third person.
• It is not a bar of action against third person.
Marquez vs. Court of Appeals
(300 SCRA 653)

An action to annul extra-judicial


settlement of estate by way of
reconveyance is 10 years from
the discovery of fraud based on
Article 1144 of the Civil Code.
Registration of property is
considered constructive notice.
Probate of the Will
(Rules 75 to 77)

Why is probate of the


will necessary?

“Because no will shall pass


either real or personal
Section 1, Rule 75 estate unless it is proved
and allowed in the proper
court.”
What is the purpose of the probate of
the will?

• To determine the extrinsic validity of


the will. The extrinsic validity of the will
is determined by its compliance with
the requirements of the Civil Code for
the validity of the will and on the
determination of whether the testator
is of sound mind when he executed the
same.
May a probate court pass upon the
intrinsic validity of the will?
• If the intrinsic defect is apparent
from the will, say for instance
absolute preterition, then the
probate may pass upon the intrinsic
validity of the will. (Nepomuceno vs.
CA; Nuguid vs Nuguid; Cayetano vs.
Leonides)
Person who may file for petition for
allowance of the will
• Executor
• Devisee
• Legatee
• Or any other person interested in the estate
Procedural Flow

Issuance of Publication of the Heirs,


an Order Order for three devisee,
Filing of (3) consecutive legatees and
setting the times in the news
Petition case for paper of general executors
circulation in the shall be
hearing province notified
How will is proved?
If not
contested

Holographic
Notarial will
will

It may be proved by one


witness who knows the
It may be proved by one
handwriting and signature
subscribing witness
of the testator or expert
witness
How will is proved?
If Notarial
contested will
All subscribing
witnesses and
notary public
must testify

Section 11, Rule 76 But if the subscribing


witnesses testify against
it, the will may still be
allowed on the basis of
the testimony of other
witnesses
How will is proved?
Holographic
If contested
will
3 witnesses who
know that
handwriting and
signature

Section 11, Rule 76 In the absence of


competent
witnesses, expert
witness
How will is proved?
If the testator Holographic
himself filed will

The fact that the


testator affirms
the will and his
signature

Section 12, Rule 76


If opposed, the
burden is on the
oppositor
How is a lost or destroyed will
proved?
• By proving its execution and validity
• Will is shown to have been in existence at the
time of the death of the testator
• It was fraudulently or accidentally destroyed
in the lifetime of the testator without his
knowledge.
• The provision of the will must be proved by
two credible witnesses.
Allowance of the will proved outside
the Philippines

What must be
proved:

The due The laws of a


execution of The testator is The will has foreign
a resident of It was allowed country on
the will in been
the foreign by a probate procedure and
accordance admitted to
with foreign country court allowance of
probate
law will
Executor and Administrator
• Who may not be an executor or
administrator?
§ One who is a minor
§ One who is not a resident of the Philippines
§ Unfit to execute the duties of the trust
• Drunkenness
• Improvidence
• Want of understanding or integrity
• Conviction of crime involving moral turpitude
Order of Preference in the
Appointment of Administrator
• Surviving husband or wife or next of kin, or
both in the discretion of the court or such
person as the surviving husband or wife or
next of kin requests to have appointed
• If default of the first group, one or more
competent creditors
• In default the first and second group, any
person as may be appointed by the Court
When may a special administrator
be appointed?
• When there is delay in granting letters
testamentary or of administration by any
cause including an appeal from the allowance
or disallowance of a will, the court may
appoint a special administrator to take
possession and charge of the estate of the
deceased until the questions causing the delay
are decided and executors or administrators
appointed.
Claims against the Estate
(Rule 86)
• Section 1. Notice to creditors to be issued by
court. — Immediately after granting letters
testamentary or of administration, the court
shall issue a notice requiring all persons
having money claims against the decedent to
file them in the office of the clerk of said
court.
Claims against the Estate
(Rule 86)
• Section 2. Time within which claims shall be filed. — In
the notice provided in the preceding section, the court
shall estate the time for the filing of claims against the
estate, which shall not be more than twelve (12) not
less than six (6) months after the date of the first
publication of the notice. However, at any time before
an order of distribution is entered, on application of a
creditor who has failed to file his claim within the
previously limited, the court may, for cause shown and
on such terms as are equitable, allow such claim to be
filed within a time not exceeding one (1) month.
Please take note:
• Section 2, Rule 86 is what we call:

• STATUTES OF NON-CLAIMS
Problem 1
After an administrator was appointed by
the Court, the Court where the settlement
of estate was pending, issued an order
requiring all claimants to the estate of the
deceased to file their claims within seven
(7) months from the date of the first
publication of said Order. Creditor A was
not able to file his claim within said period.
Would it still be possible for Creditor A to
file his claim?
ANSWER
• Section 2, Rule 86
• Yes. Under Section 2, Rule 86, at any time
before an order of distribution is entered, on
application of a creditor who has failed to file
his claim within the previously limited, the
court may, for cause shown and on such terms
as are equitable, allow such claim to be filed
within a time not exceeding one (1) month.
What are the claims that must be
filed?
• Section 5. Claims which must be filed under the notice.
If not filed, barred; exceptions. — All claims for money
against the decedent, arising from contract, express or
implied, whether the same be due, not due, or
contingent, all claims for funeral expenses and
expense for the last sickness of the decedent, and
judgment for money against the decedent, must be
filed within the time limited in the notice; otherwise
they are barred forever, except that they may be set
forth as counterclaims in any action that the executor
or administrator may bring against the claimants.
What are the claims that
must be filed?

All money claims arising from contract express or implied

All claims for funeral expenses

Expense for last sickness of the decedent

Judgement for money against the decedent


Problem 2
• The administrator of the estate of Don
Mariano filed a collection suit against Lito.
During his lifetime however, Don Mariano
was indebted to Lito. Unfortunately, Lito
was not able to file his claim within the
time set by the Court. Would it be
possible for Lito to still claim his credit
from the estate of Don Mariano?
Answer
• Yes, it is still possible for Lito to claim
his credit from the estate of Don
Mariano. Under Section 5, Rule 86,
the claim of the creditor may be set
up a counterclaim instead of filing it
as an independent claim in the
settlement of estate court.
Section 5 Rule 86 must be related to
Section 20, Rule 3
• Section 20. Action and contractual money claims.
When the action is for recovery of money arising
from contract, express or implied, and the
defendant dies before entry of final judgment in
the court in which the action was pending at the
time of such death, it shall not be dismissed but
shall instead be allowed to continue until entry of
final judgment. A favourable judgment obtained
by the plaintiff therein shall be enforced in the
manner especially provided in these Rules for
prosecuting claims against the estate of a
deceased person.
Problem 3
• D during his lifetime contracted a loan with
PNB. D was not able to pay the loan. PNB filed
a collection suit against D. While the case was
pending, D died.
• Will the collection suit filed by PNB be
dismissed on account of the death of D?
• Should there be a final judgment already, may
this judgment be executed?
Answer 1
• No. Under Section 20, Rule 3, when the action is
for recovery of money arising from contract,
express or implied, and the defendant dies before
entry of final judgment in the court in which the
action was pending at the time of such death, it
shall not be dismissed but shall instead be
allowed to continue until entry of final judgment.
A favourable judgment obtained by the plaintiff
therein shall be enforced in the manner
especially provided in these Rules for prosecuting
claims against the estate of a deceased person.
Answer 2
• The judgment may not be executed. Under
Section 5, Rule 86, a favourable judgment
obtained by the plaintiff shall be enforced in
the settlement of estate of the decedent.
• Rule 86, Section 7. Mortgage debt due from estate. — A creditor
holding a claim against the deceased secured by mortgage or other
colateral security, may 1. abandon the security and prosecute his
claim in the manner provided in this rule, and share in the general
distribution of the assets of the estate; or 2. he may foreclose his
mortgage or realize upon his security, by action in court, making the
executor or administrator a party defendant, and if there is a
judgment for a deficiency, after the sale of the mortgaged premises,
or the property pledged, in the foreclosure or other proceeding to
realize upon the security, he may claim his deficiency judgment in
the manner provided in the preceding section or 3. he may rely upon
his mortgage or other security alone, and foreclosure the same at
any time within the period of the statute of limitations, and in that
event he shall not be admitted as a creditor, and shall receive no
share in the distribution of the other assets of estate; but nothing
herein contained shall prohibit the executor or administrator from
redeeming the property mortgaged or pledged, by paying the debt for
which it is held as security, under the direction of the court, if the
court shall adjudge it to be for the best interest of the estate that such
redemption shall be made.
3 remedies available to enforce
mortgage against the decedent
To waive the mortgage and claim the entire debt
from the estate of the mortgagor

To foreclose the mortgage judicially and prove


the deficiency as an ordinary claim against the
estate
To rely on the mortgage exclusively, or other
security and foreclose the same at anytime. Here
no claim for deficiency is allowed.
Illustration
• The decedent, during his lifetime, obtained a
loan from the bank. The loan is secured by a
real estate mortgage. Roberto, one of the
heirs, was appointed as the administrator of
the estate of the decedent. The settlement
court issued notice for all the claimants to file
their claims. No one filed a claim, including
the bank. The heirs of Roberto agreed to a
partition without first paying the bank.
Illustration
• Later, the bank foreclosed the real estate
mortgaged, sold the property in a public
auction which declared the bank as the
highest bidder. However, there was deficiency.
Thus, the bank filed against the estate in the
settlement court.
• Should the claim be entertained?
Heirs of Maglasang vs. Metrobank
(September 23, 2013)

No. because having


foreclosed the mortgage, it
relied on the security and
waived the right to claim
the deficiency.
• Rule 86, Section 7. Mortgage debt due from estate. — A creditor
holding a claim against the deceased secured by mortgage or other
colateral security, may 1. abandon the security and prosecute his
claim in the manner provided in this rule, and share in the general
distribution of the assets of the estate; or 2. he may foreclose his
mortgage or realize upon his security, by action in court, making the
executor or administrator a party defendant, and if there is a
judgment for a deficiency, after the sale of the mortgaged premises,
or the property pledged, in the foreclosure or other proceeding to
realize upon the security, he may claim his deficiency judgment in
the manner provided in the preceding section or 3. he may rely upon
his mortgage or other security alone, and foreclosure the same at
any time within the period of the statute of limitations, and in that
event he shall not be admitted as a creditor, and shall receive no
share in the distribution of the other assets of estate; but nothing
herein contained shall prohibit the executor or administrator from
redeeming the property mortgaged or pledged, by paying the debt for
which it is held as security, under the direction of the court, if the
court shall adjudge it to be for the best interest of the estate that such
redemption shall be made.
Actions which may be brought by or
against executors or administrator

Section 1, Rule 87:

Actions to recover
Actions to recover real
damages for an injury to
or personal property or
persons or property,
interest therein
whether real or personal
Section 1, Rule 87 must be related to
Section 16, Rule 3
• Section 16, Rule 3
• Death of party; duty of counsel. — Whenever a party to a
pending action dies, and the claim is not thereby
extinguished, it shall be the duty of his counsel to inform
the court within thirty (30) days after such death of the fact
thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to
comply with his duty shall be a ground for disciplinary
action.
• The heirs of the deceased may be allowed to be substituted
for the deceased, without requiring the appointment of an
executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
Problem 4
• While D was driving his car, he hit C, a
pedestrian causing the latter’s permanent
disability. C filed a case for damages against D.
While the case is pending, D died.
• Will the case be dismissed?
• Supposing there is already a final judgment,
how would you execute the judgment?
Answer 1
• The case will not be dismissed on account of
the death of D. This is an action which
survives as it is an action to recover damages
for an injury to person which may be brought
against the executor or administrator under
Section 1, Rule 87. Instead of being dismissed,
the deceased party will be substituted by the
heirs of the decedent if executor or
administrator had not yet been appointed.
Answer 2
• The judgment may be executed through
execution of the same against the estate of D.
It is not necessary to have such claim be filed
in the estate proceedings of the deceased
because it is something which may be
enforced against the estate through executor
or administrator.
May the heirs bring suit for or in
behalf of the estate?

Borromeo vs. Borromeo


doctrine:

When the executor or


If the executor or
administrator is alleged
administrator refuses to
to have participated in
bring suit
the act complained of
May a creditor bring action in the name
of the executor or administrator?
• There is deficiency of assets in the hands of the hand of
the executor or administrator for the payment of debts
• The deceased during his lifetime had made to make a
fraudulent conveyance of his real or personal property
• The subject of the conveyance would be liable to
attachmentby anyone of the, during his lifetime
• Executor or administrator has no intention to file
• Motion for leave is granted
• Bond is filed by the creditor
• Action must be in the name of the executor or
administrator (Section 10, Rule 87)
When may distribution and
partition be made?
(Section1 Rule 90)

When the debts, funeral expenses,


expenses of administration, the
allowance of the widow and
inheritance tax have been paid.
Can there be distribution without payment
of the charges and claims against the estate
(Section1 Rule 90)

Yes, when the distributees or


any of them gives a bond
conditioned upon payment of
said obligation
Section 1, Rule 90
• Section 1. When order for distribution of reside made. — When the
debts, funeral charges, and expenses of administration, the
allowance to the widow, and inheritance tax, if any,
chargeable to the estate in accordance with law, have been
paid, the court, on the application of the executor or administrator, or of
a person interested in the estate, and after hearing upon notice, shall
assign the residue of the estate to the persons entitled to the same,
naming them and the proportions, or parts, to which each is entitled, and
such persons may demand and recover their respective shares from the
executor or administrator, or any other person having the same in his
possession. If there is a controversy before the court as to who
are the lawful heirs of the deceased person or as the
distributive shares to which each person is entitled under
the law, the controversy shall be heard and decided as in
ordinary cases.
When is a settlement of estate
deemed terminated?
• It is the order of distribution directing the
delivery of the residue of the estate to the
persons entitled thereto that brings to a close
the intestate proceedings, puts an end to the
administration and relieves the administrator
of his duty.
• PCIB vs Escolin, March 29, 1974
Anticipated Bar Problem
• With approval of the project of partition and
the distribution of the residue of the estate to
the heirs, the court declared the settlement of
estate closed and terminated. One of the heirs
surfaced. Obviously, he was not included in
the project of partition.
• What is the remedy of such heir?
• May such heir file an independent action to
annul such order of partition?
Answer 1
• Such heir may file a motion for the re-opening
of intestate proceedings. In Quion vs.
Claridad, 74 Phil. 100, it was held that the
intestate proceedings although closed and
terminated can still be re-opened within the
prescriptive period upon petition therefore of
the preterited heir.
Alternative Answer
• Such heir has lost his remedy. In Divinagracia
vs. Rovina, 72 SCRA 307, The SC ruled that the
probate court erred in reopening the intestate
proceeding, a proceeding in rem of which the
petitioner is deemed to have a constructive
notice. The order of closing it was already final
and executory. The closure order cannot be
disturbed anymore.
Answer 2
• No. An independent action will not prosper. In
Solivio vs. CA, 182 SCRA 119, the SC ruled
that the filing of a separate action is improper.
To allow such is to interfere with the probate
proceedings with the court of equal
jurisdiction.
Instances when the probate court
may issue writ of execution
• To satisfy the contributive shares of the
devisees, legatees and heirs in possession of
the decedent assets (Sec. 6, Rule 88)
• To enforce payment of expenses of partition
(Sec. 3, Rule 90)
• To satisfy the cost when a person is cited for
examination (Sec. 13, Rule 142)
ESCHEATS
Rule 91
Section 1, Rule 91
• Section 1. When an by whom petition filed. —
When a person dies intestate, seized of real
property in the Philippines, leaving no heir or
person by law entitled to the same, the Solicitor
General or his representative in behalf of the
Republic of the Philippines, may file a petition in
the Court of First Instance of the province where
the deceased last resided or in which he had
estate, if he resided out of the Philippines, setting
forth the facts, and praying that the estate of the
deceased be declared escheated.
RCBC vs. Hi-Tri Development Corp
(June 13, 2012)
• Escheat proceedings refer to the judicial process
in which the state, by virtue of its sovereignty,
steps in and claims abandoned, left vacant, or
unclaimed property, without there being an
interested person having a legal claim thereto.[15]
In the case of dormant accounts, the state
inquires into the status, custody, and ownership
of the unclaimed balance to determine whether
the inactivity was brought about by the fact of
death or absence of or abandonment by the
depositor.[16]
RCBC vs. Hi-Tri Development Corp
(June 13, 2012)
• If after the proceedings the property remains
without a lawful owner interested to claim it, the
property shall be reverted to the state “to
forestall an open invitation to self-service by the
first comers.” However, if interested parties have
come forward and lain claim to the property, the
courts shall determine whether the credit or
deposit should pass to the claimants or be
forfeited in favor of the state. We emphasize that
escheat is not a proceeding to penalize
depositors for failing to deposit to or withdraw
from their accounts.
RCBC vs. Hi-Tri Development Corp
(June 13, 2012)
• It is a proceeding whereby the state compels
the surrender to it of unclaimed deposit
balances when there is substantial ground for
a belief that they have been abandoned,
forgotten, or without an owner.
GUARDIANSHIP
Please take note:
2 procedure for
guardianship
proceedings:

Guardianship of
Guardianship of
minor (below 18
incompetents
years of age)

A.M. No. 03-02-05-SC:


Rule on Guardianship Rule 92-97
of Minor
Rule on Guardianship of Minor

“The father or the mother shall


jointly exercise legal guardianship
over the person and the property
of their unemancipated common
child without the necessity of
court appointment”
Article 225 of the Family Code
• Father and mother shall jointly exercise legal
guardianship over the person and property of
the unemancipated common child without
court appointment
• Where the market value of property exceeds
Php50,000, parent shall be required to post a
bond equivalent to not less that 10% of the
value of the property.
• A petition shall be filed for that purpose.
Where petition should be filed?
• Family court or the province or city where the
minor resides
• If he resides in the a foreign country, the
petition shall be filed in the family court of the
province or city where the minor has property
or any part thereof is situated.
Grounds for Petition
• Death, continued absence, or incapacity of the
parents of the minor
• Suspension, deprivation or termination of
parental authority
• Remarriage of surviving parent, if the latter is
found unsuitable to exercise parental
authority
• Best interest of the minor so requires
Who may be appointed as guardian?
(in the order of preference)
• Surviving grandparent and in case of several
grandparent, the court shall select any of them
taking into account all relevant considerations
• The oldest brother or sister of the minor over 21
years of age, unless unfit or disqualified
• Actual custodian of the minor over 21 years of
age, unless fit and disqualified
• Any person who serve the best interest of the
minor
Guardianship of Incompetent

Incompetent - includes persons suffering the


penalty of civil interdiction or who are hospitalized
lepers, prodigals, deaf and dumb who are unable to
read and write, those who are of unsound mind, even
though they have lucid intervals, and persons not
being of unsound mind, but by reason of age, disease,
weak mind, and other similar causes, cannot, without
outside aid, take care of themselves and manage
their property, becoming thereby an easy prey for
deceit and exploitation.
Where to file?
• Regional Trial Court of the province where the
incompetent resides
• Regional Trial Court of the province where the
incompetent has property or any part thereof
is situated
Adoption
Venue

Family Court of the province or city where


the prospective adoptive parents reside
Venue for Revocation of Adoption
• The petition shall be filed with the Family
Court of city or province where the adoptee
resides
• Section 20, Rule on Adoption
Who may adopt?
• 1) Any Filipino citizen of legal age, in possession of full
capacity and legal rights, of good moral character, has
not been convicted of any crime involving moral
turpitude; who is emotionally and psychologically
capable of caring for children, at least sixteen (16)
years older than the adoptee, and who is in a position
to support and care for his children in keeping with the
means of the family. The requirement of 16-year
difference between the age of the adopter and the
adoptee may be waived when the adopter is
biological parent of the adoptee or is the spouse of
the adoptee’s parent;
Who may adopt?
• (2) Any alien possesing the same qualifications as
above-stated for Filipino nationals: Provided, That his
country has diplomatic relations with the Rpublic of
the Philippines, that has been living in the Philippines
for at least three (3) continuous years prior to the
filling of the petition for adoption and maintains such
residence until the adoption decree is entered, that he
has been certified by the diplomatic or consular office
or any appropriate government agency to have the
legal capacity to adopt in his country, and that his
government allows the adoptee to enter his country as
his adopted child.
The requirements on residency and certification of the alien’s
qualification to adopt in his country may be waived for the following:

• (i) a former Filipino citizen who seeks to adopt


a relative within the fourth (4th) degree of
consiguinity or affinity; or
• (ii) on who seels tp adopt the legitimate child
of his Filipino spouse; or
• (iii) one who is married to a Filipino citizen
and seeks to adopt jointly with his spouse a
relative within the fourth (4th) decree of
consiguinity or affinity of Filipino spouse.
Who may adopt?
• 3) The guardian with respect to the ward after
the termination of the guardianship and
clearance of his financial accountabilities.
Husband and wife should
jointly adopt
• Except:
• (1) if one spouse seeks to adopt the legitimate
child of one spouse by the other spouse; or
• (2) if one spouse seeks to adopt his own
illegitimate child: Provided, however, That the
other spouse has signified his consent thereto;
or
• (3) if the spouse are legally separated from
each other.
Who may be adopted?
• (1) Any person below eighteen (18) years of age
who has been voluntarily committed to the
Department under Articles 154, 155 and 156 of
P.D. No. 603 or judicially declared available for
adoption.
• (2) The legitimate child of one spouse, by the
other spouse;
• (3) An illegitimate child, by a qualified adopter to
raise the status of the former to that of
legitimacy;
Who may be adopted?
• (4) A person of legal age regardless of civil status, if,
prior to the adoption, said person has been
consistently considered and treated by the adopters as
their own child since minority;
• (5) A child whose adoption has been previously
rescinded; or
• (6) A child whose biological or adoptive parents have
died: Provided, That no proceedings shall be initiated
within six (6) months from the time of death of said
parents.
• (7) A child not otherwise disqualified by law or these
rules.
What is an inter-country adoption?
• It is a socio-legal process of adoption of a
Filipino child by a foreigner or Filipino citizens
permanently residing abroad where the
petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is
issued outside the Philippines
CUSTODY OF MINOR
Venue
• Family court where the petitioner resides or
where minor resides
Points to remember
• Petition for Habeas corpus involving custody
of minor shall be filed with the Family Court.
• If there is no Judge in the Family Court, the
petition may be filed with the regular court
but returnable to the family court.
• May be filed to the regular court if there is no
family court
Points to remember
• Motion to dismiss is not allowed except lack of
jurisdiction over the subject matter or over
the parties (Section 6)
• After the answer has been filed or the period
to file the same expires, an order may be
issued provisionally awarding the custody of
the child to the petitioner (Section 13)
Points to remember
• May it be filed with the Court of Appeals?
• YES
• But the writ is returnable to a Family Court or
regular Court within the region where the
petitioner resides or where the minor may be
found.
HABEAS CORPUS
Rule 102
Rule 102
• Section 1. To what habeas corpus extends. —
Except as otherwise expressly provided by law,
the writ of habeas corpus shall extend to all
cases of illegal confinement or detention by
which any person is deprived of his liberty, or
by which the rightful custody of any person is
withheld from the person entitled thereto.
Case
• A kid at the age of 14 ran away from home
because her mother was very cruel in treating
her. She sought sanctuary from a convent. Her
mother filed a petition for habeas corpus. But
the child chose to be in the convent.
• Will the Petition prosper?
Case
• NO. the best interest of the child dictates that
the custody should be awarded to the
convent.
• In the Matter of the writ of habeas corpusof
minor Sahng Ko Vingsong vs. Cabcaban, Jan.
13, 2014
Change of Name
(Rule 103)
Where to file?
• Regional Trial of the Province or city where
the petitioner resides
Cancellation or
Correction of Entries in
the Civil Registry
(Rule 108)
Who may file and where to file a
Petition?
• Section 1, Rule 108 - Any person interested in
any act, event, order or decree concerning the
civil status of persons which has been
recorded in the civil register, may file a verified
petition for the cancellation or correction of
any entry relating thereto, with the Court of
First Instance of the province where the
corresponding civil registry is located.
Section 1, RA 9048
• Section 1. Authority to Correct Clerical or
Typographical Error and Change of First Name or
Nickname – No entry in a civil register shall be
changed or corrected without a judicial order,
except for clerical or typographical errors and
change of first name or nickname which can be
corrected or changed by the concerned city or
municipal civil registrar or consul general in
accordance with the provisions of this Act and its
implementing rules and regulations.
What may be cancelled or corrected?
• Section 2. Entries subject to cancellation or
correction. (a) births (b) marriage; (c) deaths; (d)
legal separations; (e) judgments of annulments of
marriage; (f) judgments declaring marriages void
from the beginning; (g) legitimations; (h)
adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or
recovery of citizenship; (l) civil interdiction; (m)
judicial determination of filiation; (n) voluntary
emancipation of a minor; and (o) changes of
name.
May substantial error be corrected
through Rule 108?
• Rule 108 of the Rule provides the procedure for
cancellation or correction of entries in the civil
registry. The proceedings under said rule may
either be summary or adversary in nature. If the
rectification affects the civil status, citizenship or
nationality of a party, it is deemed substantial,
and the procedure to adopted is adversarial.
• Eloisida vs. Local Civil Register of QC, May 9,
2002
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• Olaybar secured from the NSO a certificate of
no marriage. When it was issued, it show
therein that she was married to a korean
where in truth and in fact, there was no
marriage. Olaybar filed a petition for the
cancellation of her marriage with such korean,
impleading therein the Civil Registrar of cebu
City and the alleged Korean. It was granted by
RTC. Was the decision of RTC correct?
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• Rule 108 of the Rules of Court provides the
procedure for cancellation or correction of
entries in the civil registry. The proceedings
may either be summary or adversary. If the
correction is clerical, then the procedure to be
adopted is summary. If the rectification affects
the civil status, citizenship or nationality of a
party, it is deemed substantial, and the
procedure to be adopted is adversary.
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• Since the promulgation of Republic v. Valenciain 1986,
the Court has repeatedly ruled that "even substantial
errors in a civil registry may be corrected through a
petition filed under Rule 108, with the true facts
established and the parties aggrieved by the error
availing themselves of the appropriate adversarial
proceeding." An appropriate adversary suit or
proceeding is one where the trial court has conducted
proceedings where all relevant facts have been fully
and properly developed, where opposing counsel have
been given opportunity to demolish the opposite
party’s case, and where the evidence has been
thoroughly weighed and considered.
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• In filing the petition for correction of entry under
Rule 108, respondent made the Local Civil
Registrar of Cebu City, as well as her alleged
husband Ye Son Sune, as parties-respondents. It
is likewise undisputed that the procedural
requirements set forth in Rule 108 were complied
with. The Office of the Solicitor General was
likewise notified of the petition which in turn
authorized the Office of the City Prosecutor to
participate in the proceedings.
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• More importantly, trial was conducted where
respondent herself, the stenographer of the court
where the alleged marriage was conducted, as
well as a document examiner, testified. Several
documents were also considered as evidence.
With the testimonies and other evidence
presented, the trial court found that the
signature appearing in the subject marriage
certificate was different from respondent’s
signature appearing in some of her government
issued identification cards.
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• The court thus made a categorical conclusion
that respondent’s signature in the marriage
certificate was not hers and, therefore, was
forged. Clearly, it was established that, as she
claimed in her petition, no such marriage was
celebrated.
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• To be sure, a petition for correction or
cancellation of an entry in the civil registry cannot
substitute for an action to invalidate a marriage.
A direct action is necessary to prevent
circumvention of the substantive and procedural
safeguards of marriage under the Family Code,
A.M. No. 02-11-10-SC and other related laws.
(Minoru Fujiki v. Maria Paz Galela Marinay,
Shinichi Maekara, Local Civil Registrar of Quezon
City, and the Administrator and Civil Registrar
General of the National Statistics Office)
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• BUT: While we maintain that Rule 108 cannot
be availed of to determine the validity of
marriage, we cannot nullify the proceedings
before the trial court where all the parties had
been given the opportunity to contest the
allegations of respondent; the procedures
were followed, and all the evidence of the
parties had already been admitted and
examined.
Republic vs. Olaybar
(February 9, 2014), J. Peralta
• Respondent indeed sought, not the
nullification of marriage as there was no
marriage to speak of, but the correction of the
record of such marriage to reflect the truth as
set forth by the evidence. Otherwise stated, in
allowing the correction of the subject
certificate of marriage by cancelling the wife
portion thereof, the trial court did not, in any
way, declare the marriage void as there was
no marriage to speak of.
Republic vs. Norma Lugsanay-Uy
August 12, 2013, J. Peralta
• UY filed a Petition for Correction of Entry in
her Certificate of Live Birth. Impleaded as
respondent is the Local Civil Registrar of
Gingoog City. She alleged that she was born
on February 8, 1952 and is the illegitimate
daughter of Sy Ton and Sotera Lugsanay. Her
Certificate of Live Birth shows that her full
name is “Anita Sy” when in fact she is
allegedly known to her family and friends as
“Norma S. Lugsanay.”
Republic vs. Norma Lugsanay-Uy
August 12, 2013, J. Peralta
• She further claimed that her school records,
Professional Regulation Commission (PRC) Board
of Medicine Certificate,8 and passport bear the
name “Norma S. Lugsanay.” She also alleged that
she is an illegitimate child considering that her
parents were never married, so she had to follow
the surname of her mother. She also contended
that she is a Filipino citizen and not Chinese, and
all her siblings bear the surname Lugsanay and
are all Filipinos. RTC granted the Petition.
• Is the RTC correct
Republic vs. Norma Lugsanay-Uy
August 12, 2013, J. Peralta
• NO. For failure to implead parties who may have
interest in the petition.
• Respondent’s birth certificate shows that her full name
is Anita Sy, that she is a Chinese citizen and a legitimate
child of Sy Ton and Sotera Lugsanay. In filing the
petition, however, she seeks the correction of her first
name and surname, her status from “legitimate” to
“illegitimate” and her citizenship from “Chinese” to
“Filipino.” Thus, respondent should have impleaded
and notified not only the Local Civil Registrar but also
her parents and siblings as the persons who have
interest and are affected by the changes or corrections
respondent wanted to make.
Republic vs. Norma Lugsanay-Uy
August 12, 2013, J. Peralta
• The fact that the notice of hearing was published in a
newspaper of general circulation and notice thereof was
served upon the State will not change the nature of the
proceedings taken. A reading of Sections 4 and 5, Rule 108
of the Rules of Court shows that the Rules mandate two
sets of notices to different potential oppositors: one given
to the persons named in the petition and another given to
other persons who are not named in the petition but
nonetheless may be considered interested or affected
parties. Summons must, therefore, be served not for the
purpose of vesting the courts with jurisdiction but to
comply with the requirements of fair play and due process
to afford the person concerned the opportunity to protect
his interest if he so chooses.
Appeals in Special Proceedings
• Order or Judgment which may be appealed:
• (a) Allows or disallows a will;
• (b) Determines who are the lawful heirs of a
deceased person, or the distributive share of the
estate to which such person is entitled;
• (c) Allows or disallows, in whole or in part, any
claim against the estate of a deceased person, or
any claim presented on behalf of the estate in
offset to a claim against it;
• (d) Settles the account of an executor,
administrator, trustee or guardian;
Appeals in Special Proceedings
• Order or Judgment which may be appealed:
• (e) Constitutes, in proceedings relating to the
settlement of the estate of a deceased person, or the
administration of a trustee or guardian, a final
determination in the lower court of the rights of the
party appealing, except that no appeal shall be allowed
from the appointment of a special administrator; and
• (f) Is the final order or judgment rendered in the case,
and affects the substantial rights of the person
appealing unless it be an order granting or denying a
motion for a new trial or for reconsideration.
Not appealable
• Order directing administrator to take action to
recover amount due to the estate
• Order made in the administration proceedings
relating to inclusion or exclusion of items of
property in the inventory of executor or
administrator
• Order appointing special administrator
Period for Appeal
• 30 days from receipt of order or judgment
appealed from
• Except: In decision in habeas corpus which is
48 hours from receipt of judgment pursuant to
Section 3, Rule 41 of the Rules on Civil
Procedure
SPECIAL CIVIL ACTION
What are the actions which are
considered special under the Rules?
• Interpleader (Rule 62)
• Declaratory Relief (Rule 63)
• Certiorari, Prohibition, Mandamus (Rule 65)
• Quo Warranto (Rule 66)
• Expropriation (Rule 67)
• Foreclosure of REM (Rule 68)
• Partition (Rule 69)
• Forcible Entry and Unlawful Detainer (Rule 70)
• Contempt (Rule 71)
Interpleader
(Rule 62)
• Section 1. When interpleader proper. —
Whenever conflicting claims upon the same
subject matter are or may be made against a
person who claims no interest whatever in the
subject matter, or an interest which in whole
or in part is not disputed by the claimants, he
may bring an action against the conflicting
claimants to compel them to interplead and
litigate their several claims among themselves.
Requisites
• The plaintiffs claims no interest in the subject
matter of his claim thereto is not disputed
• There must be at least two conflicting
claimants
• The parties to be interpleaded must make
effective claims
• The subject matter must be one and the same
Problem 5

Roberto purchased a cashier’s check


from the bank in favour of Tita. The
Roberto claimed that the check was
lost. On the other hand, Tita is having
the check encashed in his favour.
What is the remedy of the Bank?
Answer
• Interpleader
• Mesina vs. IAC, 145 SCRA 497
Declaratory Relief
(Rule 63)
• Section 1. Who may file petition. — Any person
interested under a deed, will, contract or other
written instrument, or whose rights are affected
by a statute, executive order or regulation,
ordinance, or any other governmental regulation
may, before breach or violation thereof bring an
action in the appropriate Regional Trial Court to
determine any question of construction or
validity arising, and for a declaration of his rights
or duties, thereunder.
Other similar remedies under Rule 63
• Reformation of Instrument
• Actions to quiet title
• Petition for the consolidation of ownership
Certiorari
(Rule 65)
• Section 1. Petition for certiorari. — When any tribunal,
board or officer exercising judicial or quasi-judicial
functions has acted without or in excess its or his
jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is
no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and
praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and
justice may require.
Requisites
• That is it directed against a tribunal, board officer
exercising judicial or quasi-judicial function
• That such tribunal, etc., has acted without or in excess
of jurisdiction or with grave abuse of discretion
• there is no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law
• The petition must be verified and must alleged facts
with certainty
• The petition must be accompanied by a certified true
copy of the of the order or judgment sought to be
annulled
Appeal by certiorari vs special civil
action for certiorari
Appeal by Certiorari Special Civil Action for Certiorari
• An appeal by certiorari • What is sought to be
brings up for review errors corrected are errors of
of judgment committed by jurisdiction or grave abuse
the court in the exercise of of discretion amounting to
its jurisdiction amounting to lack or in excess of
nothing more than error of jurisdiction
judgment • Original action, the issue of
• Petition is based on pure which is whether there is
questions of law grave abuse of discretion or
lack of jurisdiction
Appeal by certiorari vs special civil
action for certiorari
Appeal by Certiorari
• Reviews judgment, award, • It may be directed against
or final order on the merits interlocutory order.
• Must be filed within the • May be filed not later than
time for perfecting an 60 days from notice of
appeal judgment or order appealed
• It stays the judgment, award from
or order appealed from • It does not stay, unless
enjoined
Prohibition
(Rule 65)
• Section 2. Petition for prohibition. — When the
proceedings of any tribunal, corporation, board, officer or
person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered
commanding the respondent to desist from further
proceedings in the action or matter specified therein, or
otherwise granting such incidental reliefs as law and
justice may require.
Certiorari vs. Prohibition
• Seeks to nullify or • Seeks the respondent to
modify the proceedings desist from further
of tribunal, etc proceeding
• It is intended to annul • It is intended to restrain
the proceedings the doing of some act
• One is a corrective • This is a preventive
remedy remedy
Prohibition
(Rule 65)
• Section 3. Petition for mandamus. — When any tribunal,
corporation, board, officer or person unlawfully neglects the
performance of an act which the law specifically enjoins as a
duty resulting from an office, trust, or station, or unlawfully
excludes another from the use and enjoyment of a right or
office to which such other is entitled, and there is no other
plain, speedy and adequate remedy in the ordinary course of
law, the person aggrieved thereby may file a verified petition in
the proper court, alleging the facts with certainty and praying
that judgment be rendered commanding the respondent,
immediately or at some other time to be specified by the court,
to do the act required to be done to protect the rights of the
petitioner, and to pay the damages sustained by the petitioner
by reason of the wrongful acts of the respondent.
Period to file, certiorari, prohibition,
mandamus
• Section 4. When and where petition filed. — The
petition shall be filed not later than sixty (60) days from
notice of the judgment, order or resolution. In case a
motion for reconsideration or new trial is timely filed,
whether such motion is required or not, the sixty (60)
day period shall be counted from notice of the denial
of said motion.
• No extension of time to file the petition shall be
granted except for compelling reason and in no case
exceeding fifteen (15) days. (4a) (Bar Matter No. 803,
21 July 1998; A.M. No. 00-2-03-SC)
Where to file?
• Section 4, 2nd par. - The petition shall be filed in the
Supreme Court or, if it relates to the acts or omissions
of a lower court or of a corporation, board, officer or
person, in the Regional Trial Court exercising
jurisdiction over the territorial area as defined by the
Supreme Court. It may also be filed in the Court of
Appeals whether or not the same is in aid of its
appellate jurisdiction, or in the Sandiganbayan if it is in
aid of its appellate jurisdiction. If it involves the acts or
omissions of a quasi-judicial agency, unless otherwise
provided by law or these Rules, the petition shall be
filed in and cognizable only by the Court of Appeals.
Quo Warranto
(Rule 66)
• Section 1. Action by Government against individuals. — An
action for the usurpation of a public office, position or
franchise may be commenced by a verified petition brought
in the name of the Republic of the Philippines against:
• (a) A person who usurps, intrudes into, or unlawfully holds
or exercises a public office, position or franchise;
• (b) A public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture of
his office; or
• (c) An association which acts as a corporation within the
Philippines without being legally incorporated or without
lawful authority so to act.
Expropriation
(Rule 67)
• Section 1. The complaint. — The right of eminent domain
shall be exercised by the filing of a verified complaint which
shall state with certainty the right and purpose of
expropriation, describe the real or personal property
sought to be expropriated, and join as defendants all
persons owning or claiming to own, or occupying, any part
thereof or interest therein, showing, so far as practicable,
the separate interest of each defendant. If the title to any
property sought to be expropriated appears to be in the
Republic of the Philippines, although occupied by private
individuals, or if the title is otherwise obscure or doubtful
so that the plaintiff cannot with accuracy or certainty
specify who are the real owners, averment to that effect
shall be made in the complaint.
Two stages in expropriation
proceedings
• First is the determination of the authority of
the plaintiff to exercise the power of eminent
domain and the propriety of its exercise. If the
plaintiff was able to show its right of eminent
domain, then an order of appropriation shall
be issued.
• Second is the determination of the just
compensation