NOTES: SPECPRO

Action of courts upon receiving application: Give due course (if sufficient in form and substance), set the
application for hearing, and order the petitioner to Publish the order in newspaper of general circulation

In all specpro, No definite adverse parties

Pacific Banking vs. CA:

30 days appeal – specpro

Ordinary civil action appeal – 15 days

Ching case:

Test w/n specpro or ordinary civil action– allegation in the complaint and the relief prayed for
must be taken into consideration (ramon’s commission of fraud) not how the parties couched
the application.

Ting v. Lirio:

Section 6, Rule 39 of the Rules of Court reading:

SEC. 6. Execution by motion or by independent action. – A final and executory judgment

or order may be executed on motion within five (5) years from the date of its entry.

This provision of the Rules refers to civil actions and is not applicable to special
proceedings, such as a land registration case. This is so because a party in a civil action must
immediately enforce a judgment that is secured as against the adverse party, and his failure to
act to enforce the same within a reasonable time as provided in the Rules makes the decision
unenforceable against the losing party. In special proceedings the purpose is to establish a
status, condition or fact; in land registration proceedings, the ownership by a person of a parcel
of land is sought to be established. After the ownership has been proved and confirmed by
judicial declaration, no further proceeding to enforce said ownership is necessary, except when
the adverse or losing party had been in possession of the land and the winning party desires to
oust him therefrom.

Furthermore, there is no provision in the Land Registration Act similar to Sec. 6, Rule 39,
regarding the execution of a judgment in a civil action, except the proceedings to place the
winner in possession by virtue of a writ of possession. The decision in a land registration case,
unless the adverse or losing party is in possession, becomes final without any further action,
upon the expiration of the period for perfecting an appeal.

Fernandez v. Maravilla

Section 2, Rule 73, of the Rules of Court provides that the rules on ordinary
civil actions are applicable in special proceedings where they are not inconsistent
with, or when they may serve to supplement the provisions relating to special
proceedings. Consequently, the procedure of appeal is the same in civil actions as
in special proceedings.
RULE 73

Sec. 2. – liquidation will be conducted in the testate/intestate proceeding, while inventory &
administration will be conducted before said proceeding.

Fule vs CA - Jurisdiction is conferred by law, place of residence is being used only to determine
venue

Petition for letter of administration – court appoints an administrator/administratix (intestate)

- Testatee proceedings - xecutor/executrix

RULE 74

Affidacvit of self adjudication – in case of sole heirs

In case of sole heirs, Agreement by the parties must be notarized to reduce t into a public instrument,
published in a newspaoer of gen circ for thee consecutive weeks

Is publication enough t exclude those who have not participated in the proceedings? No. recipient must
have read the publication

Period to file claim in the proceedings -