Cordillera Career Development College

COLLEGE OF LAW
Buyagan, La Trinidad, Benguet

SPECIAL PROCEEDINGS SYLLABUS

Second Semester, SY 2018, January –May
Ruth B. Bawayan, Instructor
ruthbawayan.ccdc@gmail.com

Class Schedule: 3:00-5:00 o’ clock in the afternoon, Saturdays

5:00-7:00 o’ clock in the evening, Saturdays
Room 512

Course Description: This is a detailed presentation of special proceedings cases

covered under the Rules of Court, Rule 72 to 109 and includes both procedural aspect
and substantial aspect of the filing of these special proceedings cases. The filing of
issuance of writs i.e. writ of amparo, writ of habeas corpus, and the writ of habeas data
covered under special rules will likewise be presented.

Course objectives: At the end of the course, the students should be able to:
a. Explain & understand the nature of special proceedings
distinguishing it from other actions;
b. Enumerate and detail procedures undertaken by parties in special
proceedings cases;
c. Apply and integrate applicable rules, concepts and jurisprudence in
the analysis of special proceedings cases.

Methodology: While lecture is the main method of learning, all students shall be
required to present particular topics to the class. Likewise, reading assignments,
recitation and quizzes shall measure the understanding of the students on the assigned
topics.

Grading System: As proposed, the student’s final grade shall be computed as follows:
A. Long Exam (Midterms and Finals) – 60%
B. Quizzes- 20%
C. Report-20%

Recitation and class participation shall likewise be considered and will be an additional 1
or 2 points directly to the grade as agreed upon. The handwritten case digest shall be a
requirement for the completion of the course but shall have no numerical equivalent.

Textbook: Rules of Court, Codal, Rex Book Store

Special Proceedings (A Foresight to the Bar Exam and the Practice of Law)
By Gemy Lito L. Festin, 2017, Rex Bookstore
 Any Remedial Law, Vol III-A Special Proceedings book by Albano, Herrera

Course content:

Week 1 January 19, 2019 Introduction and expectation setting

NATURE & SCOPE OF SPECIAL
PROCEEDINGS
CATCH AGED SHARC

Week 2 January 26, 2019 SETTLEMENT OF ESTATE OF DECEASED

PERSONS

A. SETTLEMENT OF ESTATE OF DECEASED PERSONS, VENUE AND

PROCESS
1. Which court has jurisdiction
2. Venue in judicial settlement of estate
3. Extent of jurisdiction of probate court
4. Powers and duties of probate court
B. Summary settlement of estates
1. Extrajudicial settlement by agreement between heirs, when allowed
2. Two-year prescriptive period
3. Affidavit of self-adjudication by sole heir
4. Summary settlement of estates of small value, when allowed
5. Remedies of aggrieved parties after extra-judicial settlement of estate
C. PRODUCTION AND PROBATE OF WILL
1. Nature of probate proceeding
2. Who may petition for probate; persons entitled to notice
D. ALLOWANCE OR DISALLOWANCE OF WILL
1. Contents of petition for allowance of will
2. Grounds for disallowing a will
3. Reprobate
a) Requisites before a will proved abroad will be allowed in the Philippines
4. Effects of probate

Week 3 February 2, 2019

SETTLEMENT OF ESTATE OF DECEASED PERSONS &
QUIZ 1 MIDTERMS

E. LETTERS TESTAMENTARY AND OF ADMINISTRATION

1. When and to whom letters of administration granted
2. Order of preference
3. Opposition to issuance of letters testamentary; simultaneous filing of petition
for administration
 4. Powers and duties of executors and administrators; restrictions on the powers
5. Appointment of special administrator
6. Grounds for removal of administrator
F. CLAIMS AGAINST THE ESTATE
1. Time within which claims shall be filed; exceptions
2. Statute of non-claims
3. Claim of executor or administrator against the estate
4. Payment of debts
G. ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS
1. Actions that may be brought against executors and administrators
2. Requisites before creditor may bring an action for recovery of property
fraudulently conveyed by the deceased
H. DISTRIBUTION AND PARTITION
1. Liquidation
2. Project of partition
3. Remedy of an heir entitled to residue but not given his share
4. Instances when probate court may issue writ of execution
I. TRUSTEES
1. Distinguished from executor/administrator
2. Conditions of the bond
3. Requisites for the removal and resignation of a trustee
4. Grounds for removal and resignation of a trustee
5. Extent of authority of trustee

Week 4 February 9, 2019

J. ESCHEAT
1. When to file
2. Requisites for filing of petition
3. Remedy of respondent against petition; period for filing a claim
K. GUARDIANSHIP
1. General powers and duties of guardians
2. Conditions of the bond of the guardian
3. Rule on guardianship over minor

Week 5 February 16 ,2019 QUIZ 2 MIDTERMS

Week 6 February 23, 2019 INTEGRATION

Week 7 March 2, 2019

L. ADOPTION
1. Distinguish domestic adoption from inter-country adoption
2. Domestic Adoption Act
a) Effects of adoption
 b) Instances when adoption may be rescinded
c) Effects of rescission of adoption
3. Inter-country adoption
a) When allowed
b) Functions of the RTC
c) “Best interest of the minor” standard

Week 8 March 9, 2019 MIDTERM EXAM

Week 9 March 16, 2019 WRIT OF HABEAS CORPUS

M. WRIT OF HABEAS CORPUS
1. Contents of the petition
2. Contents of the return
3. Distinguish peremptory writ from preliminary citation
4. When not proper/applicable
5. When writ disallowed/discharged
6. Distinguish from writ of amparo and habeas data
7. Rules on Custody of Minors and Writ of Habeas Corpus in Relation to Custody
of Minors (A.M. No. 03-04-04-SC)

Week 10 March 23, 2019 QUIZ 1 FINALS

Week 11 March 30, 2019 WRIT OF AMPARO

N.WRIT OF AMPARO (A.M. NO. 07-9-12-SC)
1. Coverage
2. Distinguish from habeas corpus and habeas data
3. Differences between amparo and search warrant
4. Who may file
5. Contents of return
6. Effects of failure to file return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of a criminal action
11. Consolidation
12. Interim reliefs available to petitioner and respondent
13. Quantum of proof in application for issuance of writ of amparo

Week 12 April 6, 2019 INTEGRATION

Week 13 April 13, 2019 QUIZ 2 FINALS

Week 14 April 20, 2019 WRIT OF HABEAS DATA

O. WRIT OF HABEAS DATA (A.M. NO. 08-1-16-SC)
1. Scope of writ
2. Availability of writ
3. Distinguish from habeas corpus and amparo
4. Who may file
5. Contents of the petition
6. Contents of return
7. Instances when petition be heard in chambers
8. Consolidation
9. Effect of filing of a criminal action
10. Institution of separate action
11. Quantum of proof in application for issuance of writ of amparo

Week 15 April 27, 2019 CHANGE OF NAME & ABSENTEES

P. CHANGE OF NAME
1. Differences under Rule 103, R.A. 9048 and Rule 108
2. Grounds for change of name
Q. ABSENTEES
1. Purpose of the rule
2. Who may file; when to file

R. CANCELLATION OF ENTRIES IN THE CIVIL REGISTRY

Entries subject to cancellation or correction under Rule 108, in relation to R.A. 9048

S. APPEALS
1. Judgments and orders for which appeal may be taken
2. When to appeal
3. Modes of appeal
4. Rule on advance distribution

Week 15 May 4, 2019 INTEGRATION PERIOD

Week 16 May 11, 2019 FINAL EXAMS

Course Requirement: The hand written case digest by students shall be submitted on
or before May 11, 2019. Observe one inch margins, indention with single space in
between paragraphs.

Classroom Policies:
1. Common courtesy shall be observed by students inside and outside
the classroom. Observing the dress code is part of the class
decorum.
 2. Students shall be expected to have read assigned topics scheduled
for class discussion.
3. Plagiarism and dishonesty are serious academic offenses which
deserves a failing grade.
4. The syllabus shall serve as a guide for the course. Adjustments shall
be made accordingly to interruptions in the schedule.
5. Electronic gadgets like tablets, note books and laptops shall be
allowed during lectures and class room discussions for purposes of
documentation and learning aids.
6. Mobile phones should be turned off or put on silent mode during class
hours.
7. Students shall be required to submit their respective email
addresses. Assignments and announcements shall be coursed
electronically to promote the efficient use of paper.
8. Students are allowed to eat and drink inside the classroom for so
long as they do not disturb and bother the other student.
9. Case digests shall have no numerical value but shall be a
requirement for the completion of the course, submitted on or before
the set deadline.
10.Special exams or quizzes shall not be given except for serious
medical emergencies.

Consultation Hours - Students may consult the instructor by sending inquiries to the
provided email address for any concerns on the topics of the course.

“The precepts of the law may be comprehended under these three points: to live honestly, to hurt no
man willfully, and to render every man his due carefully.” ARISTOTLE, attributed, Day's Collacon
“good people do not need laws to tell them to act responsibly, while bad people will find a way
around the laws” ― Plato