GENERAL PROVISION

RULE 72

Subject Matter and Applicability of General Rules

Section 1. Subject matter of special proceedings. — Rules of special proceedings are provided for in the
following cases:

(a) Settlement of estate of deceased persons;

(b) Escheat; (the reversion of property to the state, or (in feudal law) to a lord, on the owner's dying
without legal heirs/ (of land) revert to a lord or the state by escheat)

(c) Guardianship and custody of children;

(d) Trustees; (A trustee is a fiduciary of the trust beneficiary. A fiduciary is legally bound to act, within
the confines of the law, in the best interests of the beneficiary.)

(e) Adoption;

(f) Rescission and revocation of adoption;

(g) Hospitalization of insane persons;

(h) Habeas corpus;

(i) Change of name;

(j) Voluntary dissolution of corporations;

(k) Judicial approval of voluntary recognition of minor natural children;

(l) Constitution of family home;

(m) Declaration of absence and death;

(n) Cancellation of correction of entries in the civil registry.

Section 2. Applicability of rules of civil actions. — In the absence of special provisions, the rules provided
for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

Settlement Of Estate Of Deceased Persons

RULE 73

Venue and Process

Section 1. Where estate of deceased persons settled. — If the decedents is an inhabitant of the
Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or letters of
administration granted, and his estate settled, in the Court of First Instance in the province in which he
resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of First Instance
of any province in which he had estate. The court first taking cognizance of the settlement of the estate
of a decedent, shall exercise jurisdiction to the exclusion of all other courts. (If naunahan, appeal nalang,
except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the
record.) The jurisdiction assumed by a court, so far as it depends on the place of residence of the
decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an
appeal from that court, in the original case, or when the want of jurisdiction appears on the record.

Section 2. Where estate settled upon dissolution of marriage. — When the marriage is dissolved by the
death of the husband or wife, the community property shall be inventoried, administered, and
liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If
both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate
proceedings of either.

Section 3. Process. — In the exercise of probate jurisdiction, Courts of First Instance may issue warrants
and process necessary to compel the attendance of witnesses or to carry into effect theirs orders and
judgments, and all other powers granted them by law. If a person does not perform an order or
judgment rendered by a court in the exercise of its probate jurisdiction, it may issue a warrant for the
apprehension and imprisonment of such person until he performs such order or judgment, or is
released.

Section 4. Presumption of death. — For purposes of settlement of his estate, a person shall be presumed
dead if absent and unheard from for the periods fixed in the Civil Code. But if such person proves to be
alive, he shall be entitled to the balance of his estate after payment of all his debts. The balance may be
recovered by motion in the same proceeding.