SPECIAL PROCEEDINGS

SPECIAL PROCEEDINGS
Nimfa Cuesta Vilches

I. INTRODUCTION

A. DEFINITION
B. DISTINCTION FROM ORDINARY CIVIL ACTION
C. APPLICABILITY OF RULES FOR ORDINARY CIVIL
ACTION

1. Special proceedings under the Rules of Court

2. Special proceedings under various laws and Supreme
Court circulars
3. Special Proceedings under other Supreme Court
Circulars

II. SETTLEMENT OF ESTATE OF DECEASED PERSONS

A. DEFINITION
B. JURISDICTION OF PROBATE COURT BASED ON GROSS
VALUE OF ESTATE

1. Limited jurisdiction of the court in settlement of estate

2. Nature of authority of court in probate of will

C. JURISPRUDENCE
1. Probate court cannot act on rights to property arising from
contract nor proceed to the probate of will that preterited a
compulsory heir
2. Probate court cannot act on side agreement of parties as
to a right of way.
3. Exceptions to the limited jurisdiction of the probate court.

D. VENUE
1. Question as to venue to be decided by court first taking
cognizance of petition
2. Meaning of residence

E. KINDS OF SETTLEMENT
1. Extrajudicial Settlement
2. Petition for administration of estate must be based on
good reason
3. Not good reasons to file for administration of estate
4. Extrajudicial settlement is in the nature of a contract

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5. Time bar for parties who participated to object to the

extrajudicial proceeding
6. Period of action for reconveyance based on implied or
constructive trust

F. PROBATE OR AUTHENTICATION OF A WILL

1. Will defined
2. Formal Requisites in Execution and Attestation of Wills
3. Time to submit will to the court
4. Time for executor to signify acceptance or refusal of trust
5. Sanctions for Failure
6. Contents of petition
7. Time to prove or contest the will
8. Publication of notices; exception
9. Persons entitled to notice
10. Proof required at the hearing for the probate of a will
11. Evidence required for allowance of will
12. Proof required when a will is lost or destroyed
13. Jurisprudence
14. Contesting a will
15. Grounds for disallowance of a will
16. Letters testamentary issued when will is allowed

G. LETTERS OF ADMINISTRATION
1. Jurisprudence
2. Contents of petition for letters of administration
3. Persons disqualified from being appointed administrator
or executor

H. APPOINTMENT OF A SPECIAL ADMINISTRATOR

1. Jurisprudence
2. General powers and duties of executors and
administrators

I. INVENTORY, APPRAISAL AND EXCLUSIONS

J. ALLOWANCE TO THE WIDOW AND FAMILY

K. SALES, MORTGAGES AND PAYMENT OF DEBTS

1. Persons interested may prevent sale by filing bond
2. Jurisprudence

L. CONDITIONS FOR GRANTING AUTHORITY TO SELL,

MORTGAGE, OR ENCUMBER THE ESTATE

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M. ACTIONS BY AND AGAINST EXECUTORS AND

ADMINISTRATORS
1. Jurisprudence
2. Actions that survive
3. Claims that do not survive

N. PROCEEDINGS WHEN PROPERTY IS CONCEALED,

EMBEZZLED OR FRAUDULENTLY CONVEYED

O. DOUBLE VALUE RULE

P. RENDITION OF ACCOUNT

Q. REMEDY FOR FRAUDULENT CONVEYANCE BY THE

DECEASED DURING HIS LIFETIME

R. STATUTE OF NON-CLAIMS

S. EXTENSION OF PERIOD TO ALLOW CONTINGENT CLAIM

T. FILING OF CLAIMS

U. TYPES OF CLAIM TO BE PRESENTED

V. TIME BAR AND SET-OFF

W. DISPOSITION OF ADMITTED CLAIM AND TRIAL OF

CONTESTED CLAIM

X. APPEAL OF JUDGMENT

Y. PAYMENT OF DEBTS
1. Where there are sufficient assets to pay the debts
2. Where the estate is insolvent
3. The payment of debts of the deceased shall be made
pursuant to the order of payment issued by the probate
court

Z. TIME FOR PAYING DEBTS AND LEGACIES

AA. WHEN ORDER OF DISTRIBUTION OF RESIDUE MADE

BB. COLLATION

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CC. ACCOUNTABILITY AND COMPENSATION OF

EXECUTORS AND ADMINISTRATORS
1. Administrator not liable or cannot profit from the increase
or suffer loss from the decrease
2. Accountability for income from realty used by him
3. Liability of executor or administrator for delay
4. Necessary expenses allowed
5. Greater sum allowed in special cases
6. Compensation of two or more executors
7. Attorney’s fees
8. Recourse of lawyer if executor or administrator refuses to
pay attorney’s fees.
9. When executor or administrator shall render an account

DD. DISTRIBUTION AND PARTITION

EE. ACCOUNTING OF ALL EXPENSES AND BOND

FF. ISSUE AS TO EXPENSES THAT REMAIN UNSETTLED

GG. JUDICIAL EXPENSES OF THE TESTAMENTARY OR

INTESTATE PROCEEDINGS

HH. ADVANCE DISTRIBUTION

II. DISTRIBUTION OF RESIDUE OF ESTATE

JJ. WHEN FINAL LIQUIDATION MAY BE SET ASIDE

KK. PROJECT OF PARTITION

LL. EXPENSES OF PARTITION

MM. FINAL ORDER OF PARTITION AND RECORDING OF THE

ORDER OF PARTITION

III. ESCHEATS 1

A. DEFINITION

B. WHEN FILED

C. WHO FILES PETITION

D. WHERE FILED

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E. CONTENTS OF PETITION

F. ORDER OF HEARING

G. PUBLICATION

H. JUDGMENT

I. JUDGMENT IN ESCHEAT IS CONCLUSIVE AGAINST ALL

PERSONS WITH NOTICE

J. JURISPRUDENCE
1. Escheat judgment that has become final cannot be nullified
2. Escheat proceedings cannot be converted into a
settlement proceeding
3. Doctrine of pari delicto in reversion or escheat proceedings
4. When reversion will not prosper

K. PERMANENT TRUST

L. FILING OF CLAIM WITHIN FIVE (5) YEARS

M. OTHER ESCHEAT ACTIONS

N. JURISPRUDENCE
1. Property transferred to a Filipino citizen can no longer be
subject of reversion
2. Nullity of repudiation does not operate to convert the
property into res nulius for escheat in favor of government

O. ESCHEAT OF UNCLAIMED BALANCE

P. OTHER ESCHEAT ACTIONS

IV. GUARDIANSHIP

A. DEFINITION

B. NECESSITY FOR GUARDIANSHIP

1. Guardian of an incompetent must be notified for a court to
render judgment against him but no notices to creditors are
required for appointment of a guardian
2. A child or minor person
3. An “incompetent” person as the subject of guardianship
4. Parents as guardians

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C. KINDS OF GUARDIANS

D. WHO MAY FILE A PETITION, JURISDICTION AND VENUE

IN GUARDIANSHIP PROCEEDING
1. Compensation and expenses
2. Grounds for removal of a guardian
3. Rule on Guardianship of Minor Children

E. VENUE

F. GROUNDS FOR APPOINTMENT OF GUARDIAN OF A

MINOR CHILD UNDER THE SUPREME COURT RULE

G. FACTORS CONSIDERED IN APPOINTING A

GUARDIAN FOR A MINOR CHILD

H. ORDER OF PREFERENCE IN THE APPOINTMENT OF

GUARDIAN FOR A MINOR CHILD

I. BOND REQUIRED AND ITS CONDITIONS

PERSONS DISQUALIFIED OR CONSIDERED UNFIT TO

J. BE APPOINTED AS GUARDIANS

K. TERMINATION OF GUARDIANSHIP, REMOVAL AND

RESIGNATION OF A GUARDIAN

L. EFFECT OF REMOVAL OR RESIGNATION OF GUARDIAN

TERMINATION OF GUARDIANSHIP WHEN WARD
COMES OF AGE OR DIES

M. AMENDMENT TO THE RULES OF COURT

V. ADOPTION

A. DEFINITION

B. GOVERNING LAWS

C. DOMESTIC ADOPTION
1. Coverage
2. Persons who may adopt
3. Exceptions to the requirements of residency
4. Joint adoption
5. Persons who may be adopted
6. Certification of child adoption by the DSWD

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7. Where petition for adoption is filed

8. Requirements for petition filed by a Filipino citizen
9. Requirements for petition filed by an alien
10. Exceptions to requirements of certification of the alien’s
qualification to adopt in the country and residency
11. Child and Home Study Reports
12. Supervised trial custody
13. Completion of six (6) months trial custody by an alien
adopter
14. Decree of Adoption
15. Book of adoption
16. Rescission of adoption

D. INTER-COUNTRY ADOPTION

1. Coverage
2. Persons who may file petition
3. Contents of petition
4. Support to the would-be adopted child
5. Order issued if petition is sufficient in form and substance
6. Requirements for child adopted in the Philippines to be
brought to the United States
7. Additional requirements for issuance of immigrant visa to
the child

VI. TRUSTEES

A. DEFINITION

B. APPOINTMENT

C. FIDUCIARY

D. DISQUALIFICATIONS TO BE APPOINTED AS TRUSTEE

E. BOND

F. SALE OR ENCUMBRANCE OF TRUST ESTATE

G. COMPENSATION OF TRUSTEE

H. REMOVAL OF TRUSTEE

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VII. PROCEEDINGS FOR THE HOSPITALIZATION OF INSANE

PERSONS

A. DEFINITION

B. WAYS OF COMMITMENT
1. Voluntary
2. Involuntary

C. VENUE

D. WHO CAN FILE THE PETITION

E. DISCHARGE

F. COMMITMENT OF CHILDREN

VIII. HABEAS CORPUS

A. DEFINITION

B. FUNCTION AND SCOPE OF THE WRIT

C. MEANING OF DEPRIVATION OF FUNDAMENTAL OR

CONSTITUTIONAL RIGHTS
1. Lack of jurisdiction of the court to impose the sentence
2. Excessive amount of bail or incorrect penalty

D. WHO MAY ISSUE

E. HABEAS CORPUS IN POST-CONVICTION DNA TESTING

F. RULE ON CUSTODY AND WRIT OF HABEAS CORPUS IN

RELATION TO CUSTODY OF MINORS
1. Rightful custody of a minor may be filed
2. Best interest of minor child is principal consideration in
granting petition
3. Order of preference in custody of children when parents
are unfit
4. Right to temporary visitation by parent deprived of custody

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IX. CHANGE OF NAME

A. NAME DEFINED
1. To erase signs of former nationality is a valid ground for
change of name.
2. Change of name on the ground that a Chinese national
will soon be a Filipino not allowed.

B. CHANGE OF NAME BY JUDICIAL ORDER

C. CHANGE OF NAME THROUGH ADMINISTRATIVE

PROCEEDINGS
Meaning of clerical or typographical error

D. RESIDENT ALIENS

E. CHANGE OF NAME BY A MINOR CHILD

1. Change of name may be made to improve personality and
social standing
2. Child was not allowed to adopt surname of mother’s
second husband.
3. Legitimate child cannot change surname of father who is a
fugitive from justice
4. Republic Act No. 9255
5. Recognition of the child in a document, public or private, is
required
6. Affidavit to Use the Surname of the Father (AUSF)
7. Procedure when a public document or AUSF is filed
8. Duty of Local Civil Registrar (LCR)
9. Procedure for registered births

F. CHANGE OF NAME BY A MARRIED WOMAN

1. Resumption by woman of name after Muslim divorce is not
change of name
2. Woman who opted to use husband’s surname cannot
change it in the renewal of her passport unless there is
severance of marriage

G. SPECIAL LAW ON PASSPORT PREVAILS OVER

GENERAL LAW ON USE OF SURNAMES

H. CHANGE OF NAME OF PERSON WITH GENDER RE-

ASSIGNMENT NOT ALLOWED

I. CHANGE OF NAME DUE TO CONGENITAL ADRENAL

HYPERPLACIA (CAH)

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X. VOLUNTARY DISSOLUTION OF CORPORATION

A. RULE 104 OF THE RULES OF COURT IS NO LONGER

APPLICABLE TO VOLUNTARY DISSOLUTION OF
CORPORATION

B. REPUBLIC ACT NO. 8799

C. CASES COVERED

D. JURISPRUDENCE

E. APPEAL

F. CORPORATE REHABILITATION
1. Rules of Procedure on Corporate Rehabilitation
2. The governing law concerning rehabilitation and
suspension of actions for claims against corporations is
Pres. Decree No. 902-A, as amended

XI. JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION

OF MINOR NATURAL CHILDREN

A. PROVISIONS UNDER THE FAMILY CODE

B. RECOGNITION OF ILLEGITIMATE CHILDREN

C. APPLICABLE PROCEDURE

D. ESTABLISHING PATERNITY AND FILIATION WITH THE

USE OF DNA TESTING

E. VENUE

F. CONTENTS OF PETITION AND HEARING

G. GUIDELINES IN AFFIXING SIGNATURE OF

ACKNOWLEDGING PARENT

H. LEGITIMATION OF CHILDREN BORN OUT OF WEDLOCK

TO MINOR PARENTS

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XII. CONSTITUTION OF FAMILY HOME

A. NATURE OF FAMILY HOME

B. EXEMPTION FROM EXECUTION

C. PETITION TO CONSTITUTE A FAMILY HOME NO LONGER

REQUIRED UNDER THE FAMILY CODE

XIII. DECLARATION OF ABSENCE AND DEATH

A. DEFINITION

B. PROVISIONAL REPRESENTATIVE

C. TRUSTEE OR ADMINISTRATOR

D. NOTICE AND PUBLICATION ARE REQUIRED

E. PREFERENCES

F. TERMINATION OF APPOINTMENT

G. WHEN PETITION IS NOT NECESSARY

XIV. CANCELLATION OR CORRECTION OF ENTRIES IN THE

CIVIL REGISTRY

A. WHO MAY FILE A PETITION

B. VENUE

C. PARTIES

D. ENTRIES SUBJECT TO CANCELLATION OR

CORRECTION
E.
NOTICE AND PUBLICATION

F. NATURE OF PROCEEDING

G. PURPOSE OF AN ADVERSARIAL PROCEEDING

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XV. APPEALS IN SPECIAL PROCEEDINGS

A. APPEAL

B. PERIOD OF APPEAL

C. WHO MAY APPEAL

D. ORDERS THAT ARE APPEALABLE

E. ORDERS THAT MAY NOT BE APPEALED

F. PERIOD AND REQUIREMENTS FOR APPEAL

G. PERFECTION OF APPEAL

XVI. SPECIAL PROCEEDINGS UNDER THE DIFFERENT

CIRCULARS OF THE SUPREME COURT

A. RULE ON DECLARATION OF ABSOLUTE NULLITY OF

VOID MARRIAGESAND ANNULMENT OF VOIDABLE
MARRIAGES
1. Coverage
2. Void marriages under Article 35 of the Family Code
3. Jurisprudence
4. Void marriage under Article 36 of the Family Code
5. Prohibited compromises and matters not subject of
mediation
6. Trial
7. Confidentiality and privacy of proceedings
8. Judgment
9. When decision becomes final
10. Liquidation, partition, distribution, custody, support of
common children and delivery of presumptive legitime
11. Property regime that governs after the marriage is
declared null and void
12. Decree
13. Contents of the dispositive portion of the decision
14. Registration and publication of the decree and decree as
best evidence
15. Effect of death of a party and duty of family or appellate
court

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RULE ON LEGAL SEPARATION

B. 1. Coverage
2. Who may and when to file
3. Jurisprudence
4. Pre-trial conference
5. Prohibited compromises
6. Decree of legal separation
7. Effects of the decree of legal separation
8. Registration, publication of decree and best evidence
9. Effect of death of party and duty of family, appellate court
10. Petition for revocation of donations
11. Reconciliation of parties
12. Reconciliation before issuance of decree
13. Reconciliation after issuance of decree
14. Adoption of another regime upon reconciliation
15. File a verified motion for revival of regime of property
relations or the adoption of another regime in case of
reconciliation
16. Notice to creditors if verified motion for revival of regime of
property relations or the adoption of another regime in case
of reconciliation is filed

RULE ON PROVISIONAL ORDERS

C. 1. Provisional orders
2. Support
3. Child Custody

PETITION FOR CUSTODY OF MINORS

D. 1. Definition
2. Award of custody is based on the best interest of the child
3. Factors to consider in custody
4. Choice of the child above seven (7) years of age
5. Other persons designated child custodian and order or
preference
6. Visitation rights
7. Award of custody does not deprive the husband of parental
authority and visitation right applied to illegitimate
relationships

SUMMARY PROCEEDINGS UNDER THE FAMILY CODE

E. 1. Coverage
2. Rationale for the summary nature of the procedure
3. Nature of the summary procedure
4. Judgment

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XVII. PROCEEDINGS UNDER REPUBLIC ACT No. 9262, RULE

ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

A. COVERAGE

B. DEFINITION OF VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN

C. RULE ON PREFERENCE IN THE APPLICATION FOR

PROTECTION ORDER

D. NO MUTUAL, MULTIPLE PROTECTION ORDER

E. EXEMPTION FROM DOCKET FEES, OTHER EXPENSES

F. EX-PARTE ISSUANCE OF TEMPORARY PROTECTION

ORDER (TPO)

G. HISTORY OF ABUSIVE CHARACTER

H. PROHIBITED ACTS

I. PERIOD TO DECIDE

J. JUDGMENT

K. PROSECUTION OF CIVIL ACTION FOR DAMAGES

L. PROSECUTION OF CRIMINAL ACTION

M. CONSPIRACY APPLIED

N. DEFENSE OF BATTERED WOMAN SYNDROME (BWS)

O. BOND TO KEEP PEACE

P. REPRODUCTION OF EVIDENCE

Q. PRIVACY AND CONFIDENTIALITY OF PROCEEDINGS

R. SYSTEM OF CODING

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XVIII. PROCEEDINGS UNDER OTHER SUPREME COURT

CIRCULARS

A. WRIT OF AMPARO

1. Coverage
2. Definition of extralegal killings and enforced disappearance
of persons
3. Contents of the petition
4. Conspiracy
5. When the writ does not apply; jurisprudence
6. Who may file petition
7. Where to file petition
8. Payment of docket fees is not required
9. Summary hearing
10. Interim reliefs
11. Availability of interim reliefs to respondent
12. Contempt
13. Burden of proof and standard of diligence required
14. Judgment
15. Appeal in writ of amparo
16. Effect on substantive rights

B. WRIT OF HABEAS DATA

1. Definition
2. Nature of petition
3. Where to file petition
4. Docket fees in writ of habeas data
5. Petition for writ of habeas data and contents
6. Contents of return
7. Defenses heard in chamber
8. Judgment
9. Substantive rights and suppletory application of the Rule of
Court

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