11576 sec.
2 Escheat proceedings
2 milliion or less MTC
More than 2 million RTC
RULE 73
MTC may have jurisdiction as an exception to the rtc
jurisdiction on probate proceedings, if 2m or less. Or if
there is no judge, or in cadastral cases when delegated by
sc- mtc acting as rtc.
Venue
- Residence of deceased is where the court will
have jurisdiction. If died on cebu city but resides
in mandaue, RTC of cebu city will have jurisdiction
(FULE vs CA) IMPORTANT!
- VENUE CAN BE WAIVED FOR AS Long as the court
has jurisdiction.
o It will not affect the validity for as long as
it is not contested.
- EXCLUSIONARY RULE
o Court who took first cognizance over the
case.
PROBATE>INTESTATE
- Testate will prevail as it is the intention of the
decedent. Intestate proceeding may be
consolidated with the probate proceeding.
- Intestate will be suspended pending the
resolution of the probate
- Probate is favored over intestacy following the
intention of the decedent.
- Probate of a will in foreign court should be
reprobated in the Philippines because we do not
recognize foreign judgment
o Foreign court has jurisdiction
o Judgment was rendered in accordance
with the law of that country
(ASSIGNMENT CAREFUL WITH THE HEADING, WHICH
COURT WILL IT BE FILED)
- Initiated by the OSG/ SOLGen
- RTC where the last residence of the deceased, or
if not a resident, location of the property
Guardianship
- If minor, apply to the family court where the
minor resides
- If insane but legal age, RTC where the
incompetent person is residing
- If minor is not resident, file where the property of
the minor is located.
- If incompetent person is not resident, file where
the property of the incompetent person resides.
Adoption
- File Administrative, RA 9523- GO DIRECTLY TO
DSWD, if case already filed n court, continue in
court or have it forwarded to DSWD.
- IF foreigner intends to adopt, file in Inter-Country
Adoption Board or Family court or DSWD
Habeas Corpus
- File in RTC where the person is detained.
- since RTC has jurisdiction, there is no judge this is
one instance that a judge of MTC can take
cognizance over a petition of habeas corpus (this
is a special jurisdiction).
- In the RTC, the effectivity of the writ is limited –
only within its territorial jurisdiction or within its
station only and cannot be applied outside.
- In the CA and SC, the effectivity of the writ is
effective NATIONWIDE. The same with Writ of
Amparo.
- If minor, ALWAYS with the family court!
Writ of Amparo
- RTC, CA or SC, if RTC, where the threat The place
where the threat, act or omission was committed
or any of its elements occured. (Sec. 3)
Habeas Data
- RTC, Where the petitioner or respondent resides,
or that which has jurisdiction over the place
where the data or information is gathered,
 collected, or stored, at the option of the probate court provided that the rights of third parties are
petitioner not prejudiced. (Bernardo vs. CA, L-18148, Feb. 28, 1963)
Gender PRINCIPLE OF EXCLUSIONARY RULE
- If intersex, change, Judicial, adversarial
The court first taking cognizance of the settlement of
proceedings, File in RTC.
the estate of the decedent, shall exercise jurisdiction
Divorce to the exclusion of all other courts.

- Ordinary civil action The probate court acquires jurisdiction from the moment
the petition for the settlement is filed with said court. It
Change of year in birth cert
cannot be divested of such jurisdiction by the subsequent
- RTC where civil registrar is located acts of the parties as by entering into extrajudicial
partition of the estate (Sandoval vs. Santiago, 88 PHIL
Change of month or date
784); or filing another petition for settlement in a
- Civil Registrar proper court of concurrent venue (De Boria vs. Tan, 77
Phil 872).
Change of first name

- Admin, in LCR EXCEPTION:

Change of gender because you want to Estoppel by LACHES

- Not allowed by law. * Jurisdiction under Rule 73 Sec. 1 does NOT relate
to jurisdiction per se but to venue.
EXTENT OF JURISDICTION
Hence, institution in the court where the decedent is
Probate courts are courts of LIMITED jurisdiction. It may
neither an inhabitant or have his estate may be waived.
only determine and rule upon
(Uriarte vs. CFI, L-21938-39, May 29, 1970)
issues relating to the settlement of the estate, namely:
* Improper venue must be seasonably raised. (Eusebio v.
1. administration of the estate; Eusebio, 100 PHIL 593)
2. liquidation of the estate; and
3. distribution of the estate.
Writ of execution
GENERAL RULE: Probate court cannot determine issue of
ownership. -

EXCEPTIONS: TAKE NOTE!! RULE 74

1. Provisionally, ownership may be determined for Extra-judicial settlement

the purpose of including property in inventory,
without prejudice to its final determination in a - No debts
separate action; or - No will
2. When all the parties are heirs and they Procedure:
submit the issue of ownership to the
 - Extrajudicial settlement if multiple heir
- If 1 heir, affidavit of sole adjudication
If one of heirs denied the verbal agreement of
extrajudicial settlement
- Prove the settlement, it has to be in a public
document, cannot prove oral agreement.
Next step is to file in the registrar of deeds annotating the
title with the extrajudicial settlement
(No requirement of bond for real properties since there
will be an annotation/lien, bond is only for personal
property)
- The 2-year lien upon the real property distributed
by extrajudicial or summary settlement shall be
annotated on the title
- For personal property, since it is sometimes
consumable, a bond is required to answer future
claims
- Personal property bond: value of the personal
property
Partition
- Filing a petition for partition in court.
- Ordinary civil action
- When heirs cannot agree how to divide the
property
- If they cannot agree to the manner of partition
among themselves, they may resort to Ordinary
Action of Partition. If despite the institution of
such action they subsequently arrived at an
agreement, they may enter into the
corresponding stipulation and register the same
with the Register of Deeds.
JUDICIAL SETTLEMENT
While the Rules provide that the decedent must not have
left any debts, it is sufficient if
any debts he may have left have been paid at the
time of the extrajudicial settlement is entered into.
(Guico vs. Bautista, 110 Phil 584)
DISPUTABLE PRESUMPTION THAT DECEDENT LEFT NO
DEBTS
If no creditor files a petition for letters of administration
within 2 years after the death of the decedent.
SUMMARY SETTLEMENT OF ESTATE OF SMALL VALUE
(Sec.2)
GROSS VALUE of the estate must NOT EXCEED P10,
000.00
* This is jurisdictional. (Del Rosario vs. Conanan, L-37903,
March 30, 1977)
IMPORTANT REQUIREMENTS
1. Application must contain allegation of gross value
of estate.
2. Date for hearing
a. shall be set by court not less than 1
MONTH nor more than 3 MONTHS from
date of last publication of notice;
b. published, ONCE A WEEK FOR 3
CONSECUTIVE WKS in a newspaper of
general circulation.
3. Notice shall be served upon such interested
persons as the court may direct.
4. Bond - amount fixed by the court (not value of
personal prop) conditioned upon payment of just
claims under Sec.4
LIABILITY OF DISTRIBUTEES AND ESTATE (Sec.4)
REQUISITES OF TWO-YEAR PERIOD LIEN
1. persons have taken part or have notice of
extrajudicial partition
2. compliance with the provisions of Sec.1, Rule 74
(Sampilo vs. CA)
BASIS TO COMPEL SETTLEMENT OF THE ESTATE RULE 75

1. undue deprivation of lawful participation in the RULE 76

estate.
ASSIGNMENT- APIL ANG CIVIL REGISTRAR SA
2. existence of debts against the estate or undue
deprivation of lawful participation payable in RESPONDENT-
money.

REMEDIES

1. WITHIN 2 YRS. - claim against the bond or the real

estate.
2. 2. Action to Annul a deed of extrajudicial
settlement on the ground of FRAUD – within 4
YEARS from the discovery of fraud.
3. Reconveyance of real property.

Where the estate has been summarily settled, the unpaid

creditor may, within 2 years, file a motion in the court
wherein such summary settlement was had, for the
payment of his credit.

EXCEPTION: If on the date of the expiration of the two-

year period, the creditor or heir is -

a) A minor or incapacitated, or
b) In prison or
c) Outside the Philippines, he may present his
claim within one year after such disability is
removed. (Sec. 5 Rule 75)

The 2-year lien upon the real property distributed by

extrajudicial or summary settlement shall be annotated
on the title issued to the distributees and after 2 years will
be cancelled by the register of deeds without need of
court order (LRC CIRCULAR 143)

Such lien cannot be discharged nor the annotation be

cancelled within the 2 year period even if the distributees
offer to post a bond to answer for contingent claims from
which lien is established. (Rebong vs. Ibanez, 79 Phil 324)

TAKE NOTE OF BAR QUESTIONS IN SYLLABUS!