SPECIAL PROCEDURE NOTES

Chapter 1. RULE 72
Q. what is an ordinary procedure? Sec 3 rule 1 ROC
Q. what is a special procedure?
Q. what is the office of an ordinary procedure?
Q. What is the office of a special procedure?
Q. what are the Subject Matter of a special 13 in the rule 72
proceeding?
Q.Why is the enumeration not exclusive
Q. What distinguishes ordinary from special 3 instances

 Definition
 How commenced
 Why does it not pray an affirmative relief
that can be enforced against another
Q. why is a corporate rehabilitation a special -it seeks to establish a particular fact that the
proceeding? corporation cannot pay its debts as it falls due
-it does not seek affirmative relief from an injury
caused by another party
Q. why is a petition of the liquidation of an
insolvent corporation a special proceeding?
 Definition
 Office: not that of an ordinary action
 Why doesn’t it pray for an affirmative
relief

Q. is a petition for the declaration of presumptive

death of absentee spouse a special proceeding?
 Why does it matter that it was not
included among those enumerated under
rule 71?
 What is its purpose then?

Q. give examples of special proceedings.

Name atleast 13

Q. how do we call parties in a special civil action? Clue : Tiffs, pag may-away. (ordinary)
Pag walang tiffs ay petitioner esp if special civil
action kasi it seeks to establish a right , status or a
particular fact.

Special
Petitioner – respondent

Civil
 Plaintiff- vs defendant
Q. Why is a petition for the issuance of letter s of It seeks to establish the fact of death
administration, settlement and distribution of the
estate of the deceased considered a special civil
action?

Q. why is that in a special civil action there isn’t a Medyo difficult to. In settlement of estate of the
definite adverse party? estate is not sued for enforcement of the right
RE : settlement of the estate of the deceased which a party has under the law

Instead, it seeks to declare facts as that

Q. why should the determination of heirship be
made in a special proceeding?
determination of assets of the estate. Pay its liabs
and distrib the residue
-answer: because in said petition , a party in
seeking to be declared an heir seeks to establish
a status, right or a particular fact

 Exceptions to the rule >practical considerations, issue was submitted

and evidence already presented/ judgment is
final and terminated
Q. when does the ordinary rules of procedure
apply to special civil actions?
Q. Why is the ordinary rule on demurrer to -asbence of special
evidence applicable to special civil action s -would not present an obstacle to the
proceedings
Q. Why are the modes of discovery applicable to
special proceedings
q. Why cant contingent creditors intervene in a Intervenor must have legal interest which must
petition for the issuance of letters of be actual, material, direct and immediate and not
administration contingent.
 Does section 2 rule 72 extend to
contingent claims?
 How do define an intervenor?
 What interest must an intevenor to be
able to intervene in a case?

Chapter 2. Subject of the estate of the deceased Rule 73

person
Codals
Q. where is the venue for the settlement of
estate of deceased?
 Resident
 Non-resident
 How to question jurisdiction of probate
court re residence or where decedent
had estate.
Q. if a marriage is dissolved by the death of a Intestate / testate proceeding of deceased
spouse, in what proceeding should the spouse
community property be inventoried,
administered and debts paid ?
 What both spouses died? In either proceedings
Q. When is a person presumed dead under the
civil code?
Q. what is the effect his subsequent re- Entitled to balance after payment of debts
appreance?
Chapter 2- Book Proper
Nature of the Settlement of estate of deceased
person
Q. why is this considered an in rem proceeding?
Jurisdiction
1. Which court has jurisdiction over probate
proceedings/ intestate proceedings
2. In determining the jurisdiction in which
to file a petition for intestate/testate
proceeding, how does the net amount of
the estate come into play

Metro Manila
Outside Metro Manila

3. How does residence influence venue

4. What is the meaning of residence with Physical, actual and personal habitation, actual
respect to remedial law? residence of place of abode.

Bodily presence as in inhabitant in a particular

place.

Actual residence /place of abode provided that

5. Under the general rule, why can probate
court issue writs of execution?
he resides there in continuity and consistency
Because its order usually concerns adjudication
of the claims against the estate which the
executor may gratify sans the need of executor
processes

A writ of execution is a court order that is filed

for the purpose of securing assets in payment
of a judgment.

6. When may the court issue writs of

execution?
7. When is a probate court empowered to
issue writs of execution
8. When is a person said to be presumed Art 390
dead under the civil code
(with respect to succession)
(consider the ten years)
(5 years of absence when he
disappearance after the age of 75 )
9. Who are presumed dead -person on board of airplane/vessel
which was lost
-person in armed forces
-person in danger of death
10. Under the Civil code, what are the
consequences of the subsequent re-
appearance of the spouse
11. Meaning of “resides” in the context of Resides connotes ex vi termini
remedial law
12. How should “resides” be interpreted?
13.