SPECIAL PROCEEDINGS

Notes & Jurisprudence

WEEK 1

1. Rules 72, 73 & 74

2. Subject matter of special proceedings

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;
(c) Guardianship and custody of children;
(d) Trustees;
(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.

Subject matter of special proceedings

Rules 73-75
Rules 76-81 Settlement of Estate of Deceased Persons
Rules 82-86
Rules 87-90
A.M. No. 03-02-05-SC Guardianship of Minors
Rules 92-97 Guardianship of Incompetents
A.M. No. 02-06-02-SC Adoption and Custody of Minors
Rule 98 Trustees
Rule 101 Hospitalization of Insane Persons
Rule 102 Habeas Corpus
Rule 103 Change of Name
Rule 104 Voluntary Dissolution of Corporations
(Deemed repealed by the Corporation Code, Title XIV, Secs. 117-122)
Rule 105 Judicial Approval of Voluntary Recognition of Minor
Rule 106 Constitutional of Family Home
(Deemed repealed by the Family Code, Arts. 252-253)
Rule 107 Absentees
Rule 108 Cancellation or Correction of Entries
Rule 109 Appeals in Special Proceedings

Rule 72, Section 1 is not meant to be an exclusive list of what may be considered as special
proceedings. As long as the remedy seeks the establishment of a right, status, or a particular
fact, then such may be called a special proceeding. For instance, a petition for liquidation of an
insolvent corporation, such as a bank, was classified as a special proceeding resembling a
petition for the settlement of the estate of a deceased person.

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In Pacific Banking Corporation Employees Organization vs. Court of Appeals, the Court held that a
petition for liquidation of an insolvent corporation should be classified as a special proceeding.
Such proceeding does not seek an enforcement or protection of a right nor the prevention or
redress of a wrong against a party. It does not pray for affirmative relief for injury arising from a
party’s wrongful act or omission nor state a cause of action that can be enforced against any person.
What it seeks is merely a declaration by the trial court of the corporation’s insolvency so that its
creditors may be able to file their claims in the settlement of the corporation’s debts and
obligations.

Special Proceedings under Various Laws

1. Summary proceedings under the Family Code
2. Actions mentioned in the Family Courts Act of 1997 (RA 8369)
a. declaration of absolute nullity of void marriages and annulment of voidable
marriages
b. legal separation
c. provisional orders on support, custody of minor children and administration of
common property
d. violence against women and their children and protection orders
3. Proceedings under:
a. Child & Youth Welfare Code (PD 1083)
b. Child Abuse Act (RA 7610)
c. Child Employment Act (RA 7658)
- declaration of status as abandoned, dependent or neglected children
- voluntary or involuntary commitment of children
- suspension, termination or restoration of parental authority
4. Domestic and Inter-country adoption
5. Petition for corporate rehabilitation
6. Liquidation
7. Petition for writ of amparo
8. Petition for writ of habeas data
9. Petition for writ of kalikasan
10. Arbitration
11. Recognition and enforcement of an arbitral award

3. Distinction bet. Action and Special Proceedings

Civil Action and Special Proceedings Distinguished

a. Civil action – action by which a party sues another for enforcement or protection of a right,
or prevention or redress of a wrong.
b. Special proceeding – remedy by which a party seeks to establish a status, right or a
particular fact.

Civil Action Special Proceeding

One by which a party sues another for the Pertains to a remedy by which a party seeks to
enforcement or protection of a right or the establish a status, a right, or a particular fact.
prevention or redress of a wrong.
It is a formal demand of one’s legal rights in a
court of justice in the manner prescribed by the Refer to every other remedy furnished by law.
court or by the law.

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It is the method of applying legal remedies

according to definite established rules.
Formal demand of a right by one against
another.
Where a litigant seeks to recover property
from another, his remedy is to file an action.
A petition for declaration of a status, right or
fact.
Where his purpose is to seek the appointment
of a guardian for an insane, his remedy is a
special proceeding to establish the fact or status
of insanity calling for an appointment of
guardianship.

Nature of Special Proceedings

Generally, special proceedings are non-adversarial in nature, because there is no definite
adverse party in such proceedings (Montaner vs. Shari’a District Court, G.R. No. 174975, 20 January
2009). For this reason, it is entitled, for example, as:

“In the Matter of the Intestate Estate of…” or “In Re: Petition for Appointment of Guardian Ad Litem of
the Minors…”

It may remain non-adversarial until the case is concluded, or it may also happen that it is
transformed into an adversarial proceeding, such as when there are oppositors to the petition.

Section 2. Applicability of rules in 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.

Like civil actions, the rules on special proceedings must be liberally construed in order to promote
their objective of securing a just, speedy, and inexpensive disposition of every proceeding.
The Supreme Court has held that these provisions of the Rules of Civil Procedure also apply to
special proceedings.
(1) preparation, filing and service of applications, motions, and other papers (Rule 13);
(2) omnibus motion rule (Sec. 8, Rule 15);
(3) subpoena (Rule 21);
(4) computation of time (Rule 22);
(5) motion for new trial (Rule 37);
(6) modes of discovery (Rules 23-28);
(7) trial before commissioners (Rule 32); and
(8) demurrer to evidence (Rule 33)

Furthermore, in Sheker vs. Estate of Alice O. Sheker, the Supreme Court ruled that a certification
against forum shopping is required in special proceedings:

This means that in the absence of special provisions, rules in ordinary actions may be applied in special
proceedings as much as possible and where doing so would not pose an obstacle to said proceedings.
Nowhere in the Rules of Court does it categorically say that rules in ordinary actions are inapplicable
or merely suppletory to special proceedings. Provisions of the Rules of Court requiring a certification of
non-forum shopping for complaints and initiatory pleadings, a written explanation for non-
personal service and filing, and the payment of filing fees for money claims against an estate would not
in any way obstruct probate proceedings, thus, they are applicable to special proceedings such as the
settlement of the estate of a deceased person as in the present case.

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4. Settlement of estates; how estate of a deceased person settled

When succession vests

Article 777 of the Civil Code provides the substantive basis for the rules governing the estate of
deceased persons. The article states that the rights to succession are transmitted from the
moment of death of the decedent. Nevertheless, before the actual transmission of rights, the
procedural guidelines set forth in Rules 73-90 must be observed. Once the procedure outlined in
the Rules of Court is complied with, the rights of the heirs retroact to the time of death of the
person whose estate was settled.

The right of respondent’s predecessors over the subject property is more than sufficient to uphold
respondent’s right to possession over the same. Respondent’s right to the property was vested in
her along with her siblings from the moment of their father’s death. As heir, respondent had the
right to the possession of the property, which is one of the attributes of ownership. Such rights are
enforced and protected from encroachments made or attempted before the judicial declaration
since respondent acquired hereditary rights even before judicial declaration in testate or intestate
proceedings. (Bunyi vs. Factor, G.R. No. 172547, 30 June 2009)

5. Venue, meaning of “resides”

6. Jurisdiction of probate court

7. Summary settlement; extra-judicial settlement

8. Meaning of “good reason”

9. Liability of distributees and estate

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