REMEDIAL LAW REVIEW 2

SPECIAL PROCEEDINGS

I. Definition
II. Distinguished from a civil action
III. What are the special proceedings: other special proceedings
IV. What governs special proceedings

Settlement of Estate of Deceased Persons

I. Venue and Jurisdiction (Rule 73)

a. Extent of jurisdiction of probate court

b. Powers and duties of probate court

II. Kinds of Settlement

a. Extrajudicial (Rule 74)

1. Extrajudicial settlement by agreement between the parties, when

allowed
2. Affidavit of Self-adjudication by sole heir

a. Two-year prescriptive period for creditors to file claim

b. Remedies of aggrieved parties after extrajudicial settlement of
estate

b. Judicial
1. Summary settlement of estate of small value, when allowed (Rule
74)
2. By petition
a. Intestate
i. Petition for letters of Administration (Rule 78)

b. Testate
i. Petition for Allowance of Will and Letters
ii. Petition for Allowance of Will and for Letters of
Administration with Will Annexed (Rules 75-79)

3. By Action for Partition (Rule 69)

III. Production and Probate of Will (Rule 75)

a. Nature of Probate Proceeding; reason for necessity of probate
b. Who are required to produce Will
IV. Allowance or Disallowance of Will (Rule 76)

a. Contents of petition for allowance of Will

b. Who may petition for probate/allowance of Will
c. Persons entitled to notice
d. Proof needed for allowance of Will
e. Grounds for disallowing Will
f. Reprobate (Rule 77)
1. Requisite before a Will proved abroad would be allowed in the Philippines
g. Effects of Probate

V. Letters of Testamentary and of Administration (Rule 78)

1. Who are incompetent to serve as executor or administrator
2. When Letters of Testamentary issued
3. When and to whom Letters of Administration issued. Order of
preference
4. Opposition to issuance of Letters Testamentary; Simultaneous filling of
petition for administration/Contents of petition (Rule 79)
5. Appointment of Special Administrator vs. Regular (Rule 80)
6. Bonds of Executors and Administrators (Rule 81)
7. Revocation of Administration; Death, Resignation, Grounds for Removal
of Executors or Administrators (Rule 82)
8. Powers and Duties of executors (Rule 84)
9. Accountability and Compensation of Executors and Administrators (Rule
85)

VI. Claims against the Estate (Rule 86)

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 of the estate (Rule 88)
5. Sales, Mortgages and other encumbrances of property of Decedent
(Rule89)

VII. Actions By and Against the Executor and Administrator (Rule 87)

a. Actions that may be brought against Executors and Administrators

b. Requisites before creditor may bring an action for recovery of property fraudulently
conveyed by the decedent

VIII. Distribution and Partition (Rule 90)

 b. Liquidation
c. Project of Partition
d. Remedy of an heir entitled to residue but not given his share
e. Instances when probate court may issue writ of execution.

CASES:

1. Buot v. Dujali, G.R. No. 199885, October 2, 2017

2. Gilda Jardeleza (deceased) substituted by her heirs v. Sps Melecio and Elizabeth
Jaredeleza, JMB Traders Inc. and Teodoro Jardeleza
G.R. No. 167975, June 17,
2015
3. MIMCO, And The Heirs Of Edward T. Marcelo, Namely, Katherine J. Marcelo,
Anna Melinda J. Marcelo Revilla, And John Steven J. Marcelo Vs. Jose T. Marcelo,
Jr. G.R. No. 209651, November 26, 2014
4. Guevarra vs. Guevarra, 74 Phil 749
5. Uy vs. Lee, G.R. No. 176831, January 15, 2010
6. Codoy vs. Calugay, 312 SCRA 333
7. Pastor vs. CA, G.R. No. 56340, June 24, 1983
8. Nuguid vs. Nuguid, 17 SCRA 44
9. Nepomuceno vs. CA, 139 SCRA 206
10. Pizarro vs. CA, August 6, 1980
11. Bermudo vs. Tayag-Roxas, February 2, 2011
12. Metrobank vs. Absolute Management Corp., January 9, 2013
13. Sheaker vs. Estate of Sheaker, G.R. No. 157912, December 13, 2007
14. Gabatan vs, CA, G.R. No. 150206, March 13, 2009
15. De Leon vs. CA - 384 SCRA 216
16. Valarao vs. Pascual – 392 SCRA 695
17. Union Bank vs. Santibañ ez – 452 SCRA 220
18. Jamero vs. Nelicor – 459 SCRA 113
19. Lee vs. RTC of Quezon City – 423 SCRA 497
20. Heirs of Hilano Ruiz vs. Edmond Ruis – G.R. No. 119671
21. San Luis vs. San Luis – 514 SCRA 294
22. Pilapil vs. Heirs of maximino Briones – 514 SCRA 197
23. Garcia-Quiazon vs. Belen, 702 SCRS 707, July 31, 2013