Special Proceedings.

Part 1

Rule 72 List of Special Proceedings are not Exclusive

- Writ of Kalikasan
- Writ of Amparo
- Writ of Habeas Data

Testate and Intestate Proceedings

- Cruz vs. Cruz February 28, 2018; Excluded heirs

- What are the five requirements for a valid extra-judicial partition of
estate.
- What are the remedies of an excluded heir.
- Binatiro vs Cuyos July 30, 2008, Creditors and Heirs
- Roman Catholic Bishop of Tuguegarao vs. Prudencio September 7,
2016.
- Marcos vs. Bangi October 15, 2014.

- What if the heirs cannot agree on a partition?

- Boot vs Duhali October 2, 2017, Section 1 Rule 74. Administration
proceedings.
- What are compelling reasons for filing of administration proceedings
- Morales vs. Agustin June 6, 2018 Rule 69
- Instances where appointment of administrator or executor are
dispensed with
- Section 4, Rule 74, Sudden appearance of creditor; 2-year lien on the
property; Remedies of creditor; PD 1529 Section 86 how to cancel
lien versus Section 4 Rule 7

- Venue, Jurisdiction and residency

Freanila vs. Banayad July 30, 2009
Cuenco vs. CA October 26, 1973
Palaganes vs. Palaganes Jan. 26, 2011

- Issues on ownership of property owned by the deceased.

- Can a probate court rule on issue of ownership?
- Ignacio vs. Reyes July 12, 2017
- Mayor vs. Chu November 23, 2016
- Powers of probate court, Reyes vs. Isip, Gaas vs. Fortich, Torres vs.
Javier
- Romero vs. CA April 18, 2012 and Tan vs. Rodriguez January 31, 2018
- Generally, Probate Court cannot issue a writ of execution. When can
they issue a writ of execution?