Mia ‘UNIVERSITY OF THE PHILIPPINES’ COLLEGE OF LAW LIBRARY Diliman, Quezon City SPECIAL PROCEEDINGS _ ESSENTIALS FOR BENCH AND BAR MAGDANGAL M. FEBON Associate Justice, CourF6f Appeals Chairman, Remedial Law Department Philippine Judicial Academy Chairman, Remedial Law Department ‘Ateneo Law Schoo! Bar Examiner in Remedial Law (2009) ‘Member, Supreme Court Sub-Committee on the Revision of the Rules of Civil Procedure ‘Member, Special Committee on Speedy Triat in Criminal Cases, ‘Member, PHILA Committee on the New Benchbook for Philippine Trial Courts ‘Member, Remedial Law Committee, U-P. Law Center Remedial. DIANNA LOUISE R. WILWAYCO Associate, Gatmaytan Yap Patacsil Gutierrez & Protacio Professor of Law, Ateneo School of Law (Constitutional Law Tand If, and Legal Writing) Bachelor of Arts, Management Beonomics (with Honors), ‘Ateneo de Manila University, 2009 Juris Doctor, Ateneo Schoo! of Law (Silver Medal for ‘Academic Bxcellence), 2013 Techankee Center Foundation Scholar and Ateneo Law ‘School Scholar Second Placer, 2013 Bar Examinations Published & Distrbuted by REX Book Store 56 Ncanor Reyes, Se. St To. Noe, 796-0567 25-1384 "1977 CM Resto Avenue ‘Tel Nos, 3655-27» 73585-34 Mena, Philippinesj-96925 Philippine Copyright 2015 key by 270, DW LO MAGDANGAL M. DE LEON Danna if Wa DIANNA LOUISE R. [AYCO ISBN 978-971-23-7902-4 ‘No portion of this book may be copied or repro- duced in books, pamphlets, outlines or notes, whether printéd) maitheographed, typewritten, copied in dif- ferent electronic devices ot in aity other form, for distribution or sale, without the written permission ofeither of the authors except brief passagesin books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. ‘Any copy of this book without the corresponding number and the signature of either of the authors on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. ALL RIGHTS RESERVED No,__0047 __ Printed by expan come, {4 Flrentoo St, Quezon Cty ‘oun. ener? P mecex tt PREFACE Special Proceedings is one of the branches of Remedial Law. ‘Next to Civil Procedure (Rules 1-71), it has the most number of rules, 38 in all (Rules 72-109), 18 of them pertaining to settlement of estate of deceased persons. In law school, it is not considered to an “exciting” subject, thus requiring a creative approach by a skilled professor to ignite and sustain his students’ interest. Among the 13 special proceedings subject of the rules, only ight are still relevant, namely: settlement of estate, escheat, guard- innship, adoption, habeas corpus, change of name, declaration of absence, and cancellation of entries in the civil registry. Some have been rendered inoperative, such as the rule on voluntary dissolu- tion of corporation and the rule on constitution of family home, by salient provisions of the Corporation Code and-the Family Code, respectively. Rule 101 on Hospitalization of Insane Persons is no longer utilized. Rules 99-100 on Adoption and Rescission of Adoption have been superseded by the Rule on Adoption, which now prescribes the procedure in both domestic and inter-country adoptions, in rela tion to legislations on the subject. As to Guardianship, Rules 92-97 have been modified in the sense that said rules are now applicable ‘only to incompetents who are not Minors, because of the Rule on Guardianship of Minors, which falls under the exclusive jurisdiction of the Family Courts. Similarly, correction of entries under Rule 108 is now limited to substantial corrections on account of Republic Act ‘No, 9048, which gives jurisdiction to the Local Civil Registrar over corrections of clerical errors. Aside from the special proceedings under the Rules of Court, the Supreme Court has promulgated the Rules on Writs of Amparo, Habeas Data and Kalikasan, which are special proceedings. These rules are covered, together with the Writ of Habeas Corpus, in the chapter on Special Writs. Likewise, worthy of inclusion are the rules (on declaration of nullity of void marriages and annulment of voidable ‘marriages and legal separation, which are also special proceedings. Arbitration is likewise relevant, considering that under the Axbitration Law Republic Act No. 876) and Alternative DisputeResolution Act of 2004 (Republic Act No. 9285), proceedings for recognition and enforcement of arbitral agreement or for vacation, setting aside, correction or modification of an arbitral award and any application with a court for arbitration assistance and supervision are deemed special proceedings. The procedure is outlined in the ‘Special Rules of Court on Alternative Dispute Resolution. ‘The book is divided into several major parts: Part I consists of the Rules on Settlement of Estate (Rules 73-90); and Part II deals with other Special Proceedings (Rules 91-108), as well as Appeals in Special Proceedings (Rule 108). Part III is about the Rules on Declaration of Nullity of Void Marriages and Annulment of Voidable Marriages and Legal Separa- tion, together with Provisional Orders. Part IV covers Arbitration, and Part V is a Summary of the Venues of Special Proceedings. Strikingly, this subject has been animated by recent rulings of the Supreme Court, such as those in settlement of estate, adoption, habeas corpus, amparo, habeas data and nullity of marriage, which demonstrates that special proceedings are an integral part of the judicial landscape. Thope that this humble work would be of practical value to law students, bar reviewees, law professors, lawyers, and even members of the bench, My utmost gratitude to my co-author, Atty. Dianna ‘Louise R, Wilwayco, one of my most brilliant students, who, at a very young age, is already making her mark in the legal firmament of our country. Also deserving of acknowledgment is Atty. Reyna Fe C. Itchon-Fernander, for her indispensable assistance in additional research of legal materials and editing of this book. September 4, 2015. MAGDANGAL M. DE LEON CONTENTS CHAPTER I INTRODUCTION Civil Action and Special Procwdingsdntinguished ‘Nature of Special Proceedings General Provision Rule 72 Subject Matter and Applicability of General Rules Sec. 1, Subject matter of special proceeding Sec. 2. Applicability of rules of civil actions... PARTI ‘SETTLEMENT OF ESTATE OF DECEASED PERSONS CHAPTER It IN GENERAL, VENUE, AND PROCESS ‘When succession vests ‘Modes of settlement of estate Rule 73 ‘Venue and Process See, 1. Where estate of deceased persons settles Proceedings for settlement of estate. uriadiction over settlement of estate. Rule 73, Section 1 relates to venue, not sndition. Extent of jurisdiction of probate court Jurisdiction over questions of title to property. (Order of inclusion or exclusion merely provisional and interlocutory. Fxceptions to probate court's limited jurisdiction.Sec. 2. Whore estate settled upon dissolution of marriage. Settlement of conjugal property See. 3, Proces: Sec, 4. Presumption of Death . Presumption of death for purposes of succession. “Effect of absence on contingent rights of the absentee... CHAPTER U1 SUMMARY SETTLEMENT OF ESTATES Rule 74 ‘Summary Settlement of Estates Sec. 1, Extrajudicial sottloment by agrooment between heirs. Extrajudicial settlement by agreement Requisites for extrajudicial settlement Affidavit of self-adjudication by sole heir Extrajudicial settlement ~ on whom binding Sec. 2. Summary settlement of estates of small value ‘Summary sottlemont of estates of small value... . Distinction between extrajudicial settlement and summary settlement of estate of small value.. See. 8, Bond to be filed by distributes Sec. 4. Liability of distributees and estate Remedies of aggrioved parties after the extrajudicial or summary settlement of estate CHAPTER IV PRODUCTION OF WILL Rule 75 Production of Will; Allowance of Will Necessary Sec. 1. Allowance necessary. Conclusive as to execution . Kinds of wills Interpretation of wills Allowance of will is conclusive as to its due execution Probate of will is mandatory .. Nature of probate proceedings Effect of probate. During probate the court does not look into intrinsic validity; exception Sec. 2. Custodian of will to deliver. Sec. 8, Executor to present will and accept or refuse trust Duties of a custodian... Duties of an executor. Sec. 4. Custodian and exeeutor subject to fine for neglect Sec. 6. Person retaining will may be committed .. CHAPTER V PROBATE OF WILL Rule 76 Allowance or Disallowance of Will Sec. 1. Who may petition for the allowance of will When will may be probated... ‘Who may file petition for probate.. Sec. 2. Contents of petition mn. Contents of petition ‘See. 3. Court to appoint time to be published How jurisdiction acquired. ‘Mere delivery of will sufficient.. Notice of hearing. Sec. 4. Heirs, devisees, legatees, and executors to be notified by mail or personally Sec, 5, Proof of hearing. What sufficient in absence of contest. Proof of notice and publication Required testimony. Sec. 6. Proof of lost or destroyed will. Certificate thereupon nn Proof of lost or destroyed will. ‘See. 7. Proof when witnesses do not reaide in province ‘See: 8, Proof when witnesses dead or insane or do not reside in the Philippines ‘Testimony of witnesees other than subscribing witnesses. See, 19. Contestant to file grounds of contest . Contesting @ Will nar See, 11, Subscribing witnesses produced or accounted {for where will contested Sec. 12, Proof where testator petitions for allowance of holographic will Sea. 9. Grounds for disallowing will Disallowance of a will Formal requisites .. ‘Testamentary capacity ‘Substantive requirements.. Due execution ... ‘See. 13, Certificate of allowance attached to proved will. ‘To be recorded in the Office of Register of Deeds... 56 86Administration of Estate Thereunder Sec. 1, Will proved outside Philippines may be allowed here, Sec. 2. Notice of hearing for allowance sn Sec. 3. When will allowed, and effect thereof Sec, 4. Estate, how administered CHAPTER VI LETTERS TESTAMENTARY AND OF ADMINISTRATION, EXECUTORS AND ADMINISTRATORS Rule 78 Letters Testamentary and of Administration, When and to Whom Issued Sec. 1. Who are incompetent to serve as executors or administrators Executors end administrators : ‘Who are incompetent to become an executor or administrator. Sec, 2, Executor of executor not to administer estate Sec. 8, Married women may serve. Sec. 4. Letters testamentary issued when wil ‘Authority issued by the court, 5, Where some coexeeutors disqualified others may act.. See. 6. When and to whom letters granted, Order of preference. Interest in the estate... ‘Meaning of next of kin. ‘administration Rule 79 Opposing Issuance of Letters Testamentary. Petition, and Contest for Letters of Administration Sec. 1. Opposition to issuance of letters testamentary. Simultaneous petition for administration... ws Sec. 2. Contents of petition for letters of administration. Soc. 2. Court to set time for hearing. Notice thereof. Publication and notice jurisdictional... Sec. 4. Opposition to petition for administration... Sec. 5. Hearing and order for letters to issue Sec, 6, When letters of administration granted to any applicant. 9 80 Pt 82 84 84 BBSeq Sec. Nature of office... Distinguished from regular administrator. When special administrator appointed. Rule 80 Special Administrator 1. Appointment of special administrator Rule 79, Section 3 must be followed in the appointment Onder appointing special administrator not appealabl See. Sec. See. See, See, See. ‘Removal or resignation of executor or administrator. See. Sec. Seo, Se See. of a special administrator. 2. Powers and duties of special administrator. 3, When powers of special administrator ceas ‘Tuanafer of effocts. Pending suits... Rule 81 Bond of Executors and Administrators 1, Bond to be given issuance of letters. Amount. Conditions... 2, Bond of executor where dirested in ‘When further bond required. 8, Bonds of joint executors and administrators. 4, Bond of special administrator. Rule 82 Revocation of Administration, Death, Resignation, ‘and Removal of Executors or Administrators 1, Administration revoked if will discovered. Proceedings ‘may remove or accept resigmation of execut tdministrator. Proceeding upon deat, resignation, ‘or removal. 8, Acts before revocation, resignation, or removal fo be valid 4, Powers of new executor or adininistrator ‘Renewal of license to ell real estate... Rule 88 Inventory and Appraisal. Provision for Support of Family 1, Inventory and appraisal to be returned within three months 2. Certain articies not to be inventoried 3, Allowance to widow and family. ix 100 100 101 102 103 103, 104 104 105 107 107 107 108 109 109 us 14 116 16 116CHAPTER VI POWERS, DUTIES, AND ACCOUNTABILITY OF EXECUTORS AND ADMINISTRATORS Rule 84 General Powers and Duties of Executors See, 1. Executor or administrator to have access to partnership books and property. How right enforced «0. See, 2, Executor or administrator to keep buildings in repair. Sec, 8, Executor or administrator to retain whole estate to pay debts, and to administer estate not willed... Executor and administrator granted only powers of administrator. . Powers Duties. Rule 85 Accountability and Compensation of Executors ‘and Administrators Sec. 1. Executor or administrator chargeable with all estate and income o Sec. 2. Not to profit by increase or lose by decrease in value Sec. 3. When not accountable for debts due estate Sec. 4, Accountable for income from realty used by him. Sec. 5. Accountable if he neglects or delays to ‘mise or pay money. Sec. 6, When allowed money paid as cost. Sec. 7, What expenaes and fees allowed executor or administrator, ‘Not to charge for services as attorney. Compensation, provided by will controls unless renounced Expenses and fees allowed the executor or administrator... Sec. 8, When executor or administrator to render account. Sec. 9. Examinations on oath with respect to account. Sec. 10. Account to be settled on notice. . Sec. 11. Surety on bond may be party to accounting... (CHAPTER VIII CLAIMS AGAINT THE ESTATE AND ACTIONS: BY AND AGAINST EXECUTORS. AND ADMINISTRATORS: Rule 86 Claims Against the Estate Sec. 1, Notice to ereditors to be issued by the court, us us us us 120 121 a2 121 122 122 192 122 123 124 124 125 125 128 wat Purpose of presenting claims against the estate ‘Types of claims that may be filed. Soc. 2. Time within whieh claims shall be filed ‘Time for fling claims; exceptions. Statute of non-claims.. : Sec. 3. Publication of notice to creditors Sec. 4. Filing of copy of printed notice... See. 5, Claims which must ie filed under the notice, If not filed, ‘barred; exceptions .. Claims to file within the period... Money claims against the decedent. Ordinary action for collection not allowed. Contingent claims. Implied contract. Claim for damages arising from breach of contract of transportation .. Claime which survive death cron Judgment for money. Sec. 6, Solidary obligation of decedent. Sec. 7, Mortgage debt due from estate... Options available to secured creditor. Sec, 8, Claim of executor or administrator against an estate. See, 9, How to file a claim.Contente thereof. Notice to executor or administrator. Procedure for fling claims See. 10. Answer of executor or administrator. Offsets. Sec, 11. Disposition of admitted claim... : See, 12. Trial of contested claim... Sec 18, Jadgment appalab See, 14. Costs: Rule 87 Actions By and Against the Executors and Administrators Sex. 1. Actions which may and which may not be brought Against executor or administrator Sec. 2. Executor or administrator may bring or defend ‘actions which survive Sec. 8, Heir may not sue until share assigned. ‘When heirs may file an action in court See. 4. Executor or administrator may compound with debtor Sec. 5. Mortgage due estate may be foreclosed See. 6, Proceedings when property concealed, ‘embezzled, or fraudulently conveyed. ‘Soc. 7. Person entrusted with estate compelled to render account. Sec. 8. Embezzlement before letters issued. x 153 153 154 155 156 156 186 158 158See, 9. Property fraudulently convoyed by deceased may be recovered, When executor or administrator must bring actior ‘Sec. 10, When creditor may bring action. Lien for cost. CHAPTER IX PAYMENT OF DEBTS OF THE ESTATE AND SALES, MORTGAGES, AND OTHER ENCUMBRANCES, ‘OF PROPERTY OF DECEDENT Rule 88 Payment of Debts of the Estate Sec, 1. Debts paid in full if estate sufficient... See. 2, Part of estate from which debt paid when provision ‘made by wil... See. 8. Personalty first chargeable for debis, then realty Sec. 6, Court to fix contributive shares where devisees, legatees, or heirs have been in possession. Sec. 7. Order of payment if estate insolvent... Exceptions: Instances when realty can be charged first When writ of execution may issue .. See, 4, Estate to be retained to moot contingent claims... ‘Sec. 5. How contingent claim becoming absolute in two years allowed and paid. Action against distributees later. Sec, 8, Dividends to be paid in proportion to claims. Sec, 9, Estate of insolvent non-resident, how dispose Sec. 10, When and how claim proved outside the Philippines against insolvent resident's estate paid... Sec. 11. Order of payment of debts . Sec. 12. Orders relating to payment of debts where appeal is taken. See. 13, When subsequent distribution of assets ordered Sec. 14. Creditors to be paid in accordance with terms of order ‘Sec, 15, Time for paying debts and legacies fixed or extended after notice, within what periods... Sec, 16, Successor of dead executor or administrator may have time extended on notice within a certain period. Rule 89 Sales, Mortgages, and Other Encumbrances of Property of Decedent Sec. 1. Order of sale af personalty. Sec. 2. When court may authorize sale, mortgage, or other encumbrance of realty to pay debts and legacies through personalty not exhausted. Sec. 3, Persons interested may prevent such sale, et, by giving bond. : 158 160 170 mm 12 Sec, 4, When court may authorize sale of estate as beneficial to interested persons. Disposal of proceeds. Sec. 5. When court may authorize sale, mortgage, or other fencumbrance of estate to pay debts and legacies in other countries. Sec. 6. When court may authorize sale, mortgage, or other ‘encumbrance of realty acquired on execution or foreclosure... Sec. 7. Regulation for granting authority to sell, ‘mortgage, oF otherwise encumber estate Sec. &. When court may authorize conveyance of realty which eceased contracted to convey. Notice. Effect of deed... See, 9. When court may authorize conveyance of lands which deceased held in trust CHAPTER X DISTRIBUTION AND PARTITION OF THE ESTATE Rule 90 Distribution and Partition of the Estate ‘Sec. 1. When order for distribution of residue made. Effect of final decree of distribution nc. ‘Advance distribution of the estate Remedy of heir entitled to residue but not given his share.. Remedy of a preterited heir... Instances when the court may issue a writ of execution ‘Sec. 2. Questions as to advancement to be determined See. 8. By whom expenses of partition paid. ‘See. 4. Recording the order of partition of estate Settlement of Estate Stages. Flowchart: Settlement of stat Flowchart: Judicial Settlement of Estate . Flowehart: Judicial Settloment Proceedings. Flowchart: Extrajudicial Settlement of Estate. Flowchart: Claims against the Estate Flowchart: Distribution of Residue of PART Il CHAPTER XI ESCHEAT Rule 91 Escheats Sec. 1. When and by whom petition fled xiii 172 173 1 1% 18 116 am 178 179 179 182 185 186 186 186 187 187 188 191 192 193 194 195 198 197Nature of proceedings, 197 Requisites for filing of petition 197 ‘Three kinds of escheat 198 Where filed. : 198 Who may file petition. 198 ‘Who may oppose petition... = 198 Becheat proceedings cannot be converted into settlement of estat. 199 Soc. 2. Order for hearing. 199 Notice and publication. 198 Sec, 8, Hearing and judgment 200 Judgment in escheat proceedings 200 When proceedings will not prosper.. 201 Waiver of right to escheat, 202 Declaration that a person is presumptively dead in escheat proceedings 202 Sec. 4, When and by whom claim to estate 203 Period for fling claim to estate... 203 Lack of jurisdiction of escheat court. 204 Sec. 5. Other actions for escheat... 204 Escheat and reversion distinguished .. 204 Constitutional basis. 204 Ile agricultural land may be subject to reversion proceodings ' Escheat of unclaimed balances Parties. Multiple actions allowed. Flowchart: Eschest... (CHAPTER XII GENERAL GUARDIANS AND GUARDIANSHIP AND GUARDIANSHIP OF MINORS Guardianship defined. 209 Basis of guardianshiy 209 Purpose and nature of guardianship. 209 Rule on guardianship of minors Kinds of guardians: Rule 92 ‘Venue Sec. 1. Where to institute proceedings. 13 Venue.. a4 See. 2. Meaning of the word “incompetent 214 Sec, 8, Transfer of vente. nn 216 Rule 98 Appolatment of Guardians See. 1, Who may potiton for appintment of guardian for resident ‘Who may petition. Sec. 2. Contents of petition ‘uriadictional facts Sec. 3. Court to set time for hearing. Notice thereof. Notio of application and hearing Notice jurisdictional. See. 4. Opposition to petitio Implied modification of rule. ‘Sec. §. Hearing and order for letters to issue Issuance of letters of guardianship during pendency of appeal ‘See. 6. When and how guardian for non-resident appointed. Notice. Sec. 7. Parents as guardians. See, 8, Service of judgment. Rule 94 Bonds of Guardians Sec, 1. Bond to be given before issuance of letters. ‘Amount. Condition. ‘To perform ali orders of the court by him to be performed See, 2. When new bond may be required and old sureties ‘discharged. See, 8. Bonds to be filed. Actions thereon. Filing of guardianship bond by parents. Rule 95 Selling and Encumbering Property of the Ward Sec, 1. Petition of guardian for leave to sell or encumber estate. Sec. 2. Order to show cause thereupon. See. 3. Hearing on return of order. Costs. Sec. 4. Contents of arder for eale or encumbrance, and how long effective. Bond See. 6. Court may order investment of proceeds ‘and direct management of estate Rule 96 General Powers and Duties of Guardians Sec. 1. To what guardianship shall extend... Soc. 2, Guardian to pay debts of ward. Sec. 3, Guardian to settle accounts, collect debts, ‘and appear in actions for ward. 215, 215, 216 217 a7 218 218 218 218 219 219 219 219 220 222 228 223 223 224Sec, 4, Estate to be managed frugally, and proceeds applied to maintenance of ward. Guardian’s duty to manage estate of the ward. Sec, 5. Guardian may be authorized to join in parti proceedings after hearing. See. 6: Proceedings when the person suspected of embezeling ‘or concealing property of ward . Sec. 7. Inventaries and accounts of guardians, ‘and appraisement of estates. Soe. 8. When guardian's accounts presented for settlement. Expenses and compensation allowed.. General powers and duties of guardians Rule 97 ‘Termination of Guardianship Sec, 1, Petition that competency of ward be adjudged, ‘and proceedings thereupon, Sec. 2. When the guardian removed or allowed to resign New appointment om Sec. 3, Other termination of guardianship Sec, 4. Record to be Kept by the justice of the peace or ‘municipal judge... See. 5. Service of judgment AM. No. 08-02-05-SC Rule on Guardianship of Minor8 1.0.0 Grounds for appointment of a guardian Non-resident guardians not to be appointed. Order of preference in appointment of @ guardian. Annotation of judgment or order on title of minor... Grounds for termination of guardianship. Distinguish Rules 92.97 from Rule on Guardianship of Minors Flowehart: Guardianship . Flowchart: Selling or encumbering property of the ward CHAPTER XII ‘TRUSTEES Rule 98 ‘Trustees Sec. 1, Where trustee appointed. When trustee appointed ‘Trust defined. Bxercise of sound judgment by the court in the appointment of a trustee, cece 225, 225 226 22 228 228 228 254 254 254 255, Acquiring the trust by prescription... 2655 Distinguished from executor or administrator. a 255 See. 2. Appointment and powers of trustees under will. Executor of former trustee need not administer trust. 257 See, 3. Appointment and powers of new trustee under written instrument. 257 Sec. 4, Proceedings where trustee appointed abroad.. 258 Sec, 5: Trustee must file bon ce 258 See, 6. Conditions included in bond... 259 Conditions of the bond 259 Sec. 7. Appraisal. Compens 1260 See. 8. Removal or resignation of truster 260 Grounds for removal. 260 ‘See. 9. Proceedings for sale or encumbrance of trust estate... 261 Extent of authority of trustee... : 261 CHAPTER XIV ADOPTION Concept of adoption. ‘Nature of adoption. Purpose of adoption . How adoption statutes construed . ‘Simulation of child's birth in lieu of adoption. 265 Repeal of Rules 99 and 100 of the Rules of Court. 265 AM, No, 02-6-02-8C Rule on Adoption ven 268 Objectives of Rule on Adoption. 267 Rules on venue... 273 Persons to be notified 279 Laws on adoption... 286 Republic Act No, 8552 ‘An Act Establishing the Rules and Policies on the Domestic ‘Adoption of Filipino Children and for Other Purposes. 286 Republic Act No. 8048 ‘An Act Bstablishing the Rules to Govern Inter-Country ‘Adoption of Filipino Children, and for Other Purposes. 302 Domai Adoption iiedus Inter Country Adoption. 312 ‘Domestic Adoption. 316 ‘Who may adopt 316 Joint adoption mandatory; exceptions 317 ‘Whose consent neces6ary nnn 321Change of name wr. Order of hearing Decree of Adoption... ' Adoption decree cannot be assailed collaterally in ‘a proceeding for the settlement of decedent's estate. Effects of adoption Rescission of Adoption ‘Who may file. Grounds for rescission. ‘Time to file petition . Effects of rescission of adoption. Inter-Country Adoption.. ‘When allowed. Funetions of the Family Court ‘Adoption Board, ‘Who may be adopted... Bost interest of the child standard, Who may adopt rue : Financial qualification for adoption... ‘Annexes to the petition Flowchart: Domestic Adoption. Flowchart: Inter-Country Adoption CHAPTER Xv Rule 101 Proceedings for Hospitalization of Insane Persons Sec. 1. Venue. Petition for Commitment .. ‘See. 2. Order for hearing. 2 Sec. 8. Hearing and judgment See. 4. Discharge of insane Sec. 6. Assistance of fiscal in the proceeding Rule 104 ‘Voluntary Dissolution of Corporations ‘See. 1. Where, by whom and on what showing application mad ‘See. 2. Order thereupon for filing objections. ‘See. 3. Hearing, dissolution, and disposition of assets. Receiver. ‘Sec. 4. What shall constitute record. Rule 104 superseded by the Corporation Code Rule 105 Judicial Approval of Voluntary Recognition of Minor Natural Children See. 1. Venue. Application of Rule 105: 345 345 345 346 346 346 346 347 347 347 350 Voluntary vis-d-vis compulaory recognition. See. 2. Contenta of petition. When to file action. : ‘Who should be impleaded as parties See, 3. Order for hearing. See. 4. Opposition 5. Judgment, ‘Judicial approval is for the benefit of the minor child. See, 6, Service of judgment upon civil registrar. f Rule 106 Constitution of Family Home 1. Who may constitute. 2, Contents of petition . 3. Notice and publication 4 5. Soe. See. See. See. See. ee. 6. Registration of order... Rule 106 rendered unnecessary by the Family Code Objection and date of hearing. CHAPTER XVI ‘SPECIAL WRITS abl: Habeas Corpus, Amparo, Habeas Dat and Kalikasan.. ‘Availability of the writ Sec. 2. Who may grant Sec. 8, Requisites for application therefor. Sec. 10. Contents of return Contents of the Petition... Contents of the Return. When not applicable... See. 4. When writ not allowed or discharge authorize’ Writ of habeas corpus cannot be issued once person is charged with a criminal offen Restrictive custody is beyond the ambit of habeas corpus. Effect of filing of charges in court.. ‘Sec. 5. When writ must be granted and issued, 352 352 353 355, 355 355 ‘355 356 363 391Sec, 6. To whom writ directed, and what to require Peremptory wrt of habeas corpus versus writ of preliminary citation Sec. 7. How prisoner designated and writ serve Sec. 8. How writ executed and returned. Sec. 9, Defect of fort. Sec, 11, Return to be signed and sworn to. Sec, 12, Hearing on return. Adjournments. : Sec. 18. When the return evidence, and when only a plea. Sec. 14, When person Inwfully imprisoned recommitted, ‘and when let to bail No right to bail when applicant is serving sentence ‘by final judgment 1. See. 16. When prisoner discharged ifno appeal Grant of writ. Sec. 16. Penaley for refusing to iasue Wit, or for disobeying the sam See, 17, Person discharged not to be again imprisoned. Sec. 18. When prisoner may be removed from one custody to another... Sec, 19, Record of writ, fees and costs Habeas corpus as postconviction remeds Writ may issue when constitutional rights violate Retroactive effect of favorable 1aW wn-m Habeas corpus and certiorari Habeas corpus in custody cases, AM, No. 03-04-04-8C Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minor Who may file petition for custody of a miner. Mother given custody of child below seven years old.. Petition for habeas corpus involving eustody of minors ‘Summons not required in petition for habeas corpus. Writ of habeas corpus enforceable within, the court's judicial region Jurisdiction of Supreme Court and Court of Appeals to issue writ of habeas corpus involving custody of children. Writ issued by Supreme Court and Court of Appeals enforceable anywhere in the Philippines AM, No, 07-9.12-5C Rule on the Writ of Amparo .. Nature of the writ of amparo Both preventive and curative au an 419 424 424 425 426 428 44 Coverage. Government involvement an indispendable requirement. Does not protect property or commercial rights. Does not protect right to travel Remedy should be resorted to and granted judiciously. [Not proper remedy to obtain custody of a minor child. Differences between Amparo and search warrant. AM, No. 08:1-168C ‘The Rule on the Writ of Habeas Data Nature. Nexus between right to privacy and "itt is ber, oF security. Limitation Right to informational privacy. Not applicable in property disputes ‘Substantial evidence required... Not only direct but circumstantial evidence may be considered. AM, No. 09-6-8-SC Rules of Procedure for Environmental Cases. Writ of Kalikasan .. Locus standi or standing to ‘Magnitude of environmental damage... ‘Exemption from payment of docket fees. Prohibited pleadings and motions Discovery measures. Period to appeal from Filing of separate actions after the fling ofa petition ‘issuance of writ of kalikasan. CHAPTER XVII CHANGE OF NAME, CORRECTION OF CLERICAL ERRORS, AND CANCELLATION OR CORRECTION ‘OF ENTRIES IN CIVIL REGISTRY Rule 103 Change of Name Purpose of the rule. = Natare of the proceedings Official name.. Seo. 1. Venue 7 Who may file petition... Where to file the petition . 457 457 458 459 460 461 am 473Sec. 2. Contents of petition Sec. 3. Order for hearing. ‘Jurisdictional requirements, Grounds for change of name. . Milegitimate child may now use father's surname. No need for change of name by married woman A person's first name cannot be changed on the ground of sex reassignme Where change of name allowed arising from change of gender, See. 4. Hearing. ns See. 6. Judgment... Sec, 6, Service of judgment.. Republic Act No. 9048 ‘An Act Authorizing the City or Municipal Civil Registrar ‘or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or ‘Nickname in the Civil Register without Neod of a Judicial Order, Amending for this Purpose Articles 876 ‘and 412 of the Civil Code of the Philippines Jnnlamenting Rules and Rogulation of A No, 9048 Significance of R.A. No. 9048, Coverage Who may and where to fle the petition Grounds for change of first name or nickname Form and contents of petition... Action on the petition by the civil registrar or consul general Remedies of petitioner from adverse decision. Rule 108 Cancellation or Correction of Entries in the Civil Registry Sec. 1. Who may file petition. Correction of entry under Rule 108 proceeding in rem: Nature of proceedingr... Sec, 2. Entries subject to cancellation or correction Entries subject to cancellation or correction under Rule 108 in relation to R.A. No. 9048. Change of name under Rule 108. : No intent on the part of the lawmakers ta remove the authority of the trial courts to make judicial corrections of entries in the civil registry ‘No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment.. Correction of names under Rule 108... 627 627 528 529 530 530 581 531 532 [No juriadiction to nullify marriages and the rule on. legitimacy and fiiation. Substantial corrections ~ striet compliance with Rule 108.. Sec. 3. Parties .. Indispensable parties must be notified. Sec. 4. Notice and publication See. 5. Opposition rnnnnnnr Sec. 6. Expediting proceedings Seo. 7, Order. Rule 108 ve. R.A. No, 9048 (CHAPTER XVII ABSENTEES Rule 107 Absentees Sec, 1. Appointment of representative When petition proper. Provisional representative... See. 2. Declaration of absence; who may petition. [No petition for declaration of presumptive death.. ‘Exception ~ petition for declaration of ‘presumptive death for purpose of remarriage. Remedy against fraudulently obtained judgment declaring presumptive death.. See, 3, Contente of petition. Sec, 4. Time of hearing; notice Sec. 6. Opposition. Sec. 6, Proof at hearing; order. Notice and publication required. ‘Who may be appointed.. ‘See. 8, Termination of admini iran : Pertinent Civil Code provisions on absence Summary judicial proceedings under the Family Code... Characteristics of eummary proceedings in the Family Code wn. ‘Judgment in summary proceedings not appealable.. Strict standard approach consistent with the state's policy to protect and strengthen marriage. CHAPTER XIX Rule 109 ‘Appeal in Special Proceedings See. 1. Orders or judgments from which appeals may be taken . 536 587 660When to appeal ‘Summary of periods to appeal. ‘Modes of appeal . Rationale for multiple appeals When record on appeal required... Sec. 2. Advance distribution in special Drocedings. Rule on advance diatributio PART Ill AM. No, 02-11-11-8C Rule on Legal Separation. Jurisdiction over legal separation Relevant provisions of the Family Gode on legal seperation. Collusion Appointment of administrator of conjugal propertioe after filing of petition for legal separation. . AM, No, 02-11-10-SC Rule on Declaration of Absolute Nullity of Void ‘Marriages and Annulment of Voidable Marriage ‘Promulgation of Rule regarding declaration of absolute nullity of void marriages and annulment of voidable marriages What are void and voidable marriages... : Burden of proof in nullity of marriage cases... Prosecutor required to intervone in proceedings Nature of an action for annulment of marriage, Meaning of psychological incapacity. ‘More flexible application of guidelines. Respect for trial court findings... AM. No. 02-11-10-SC vis-a-vis recognition of foreign judgment. Other relevant provisions of the Family Code... AM. No, 02:11:12.8 Rule on Provisional Orders... ‘When provisional orders availed of. PART IV ARBITRATION LAW Republic Act No. 876 ‘An Act to Authorize the Making of Arbitration and Submission ‘Agreements to Provide for the Appointment of Arbitrators 621 626 and the Procedure for Arbitration in Civil Controversies, and for Other Purposes Republic Act No, 9285 ‘An Act to Institutionalize the Use of an Alternative Dispute Resolution System in the Philippines and to Establish: the Office for Alternative Dispute Resolution, and for Other Purposes nnn AM, No, 07-11-08.8C Special Rules of Court on Alternative Dispute Resolution. PART V Venues of Special Proceedings. 28 639 736CHAPTER | INTRODUCTION Civil Action and Special Proceedings Distinguished ‘The 1997 Rules of Court defines a civil action as one by which ‘a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong.' This follows the definition of an action in the Old Rules of Court: It is a “formal demand of one's legal rights in a court of justice in the manner prescribed by the court or by the law. It is the method of applying legal remedies according to definite established rules.” A special proceeding, on the other hand, pertains to a remedy by which a party seeks to establish a status, a right, or a particular fact. It is not accurate to characterize a special proceeding as a mere form of or subspecies of an action, since an action is an ordinary suit in the courts of justice, while special proceedings refer to every other remedy furnished by law. Explaining the crucial distingtion between an ordinary action and a special proceeding, Chief Justice Moran statec “Action is the act by which one sues another in a court of justice for the enforcement or protection of a right, or the prevention or redress of a wrong while special proceeding is the act by which one seeks to establish the status or right of a party, or a particular fact. Hence, action is distinguished from special proceeding in that the former is a formal demand of a right by one against another, while the latter is but a petition Wale 1, See 30). 20} Rules of Court, Rule 2, Se. 1 *Natcher vs, Court of Appeals, G.R. No. 188000, October 2, 2001; Hagans oy, Wislizenus, G.R. No, 16680, September 13, 1920, 42 Phil. 80 (iting People on County Judge, 18 Hiow. Pr (N.Y, 898). “Rule 1, See. 369. "1 Moran; Comments on the Ralse of Court, 1979 Ba., pp. 119-120. 12 SPECIAL PROCEEDINGS Essentials for Bench and Bar {for a declaration of a status, right or fact. Where a party litigant seeks to recover property from another, his remedy is to file ‘an action. Where his purpose is to seek the appointment of a ‘guardian for an insane, his remedy is a special proceeding to ‘establish the factor status of insanity calling for an appointment of guardianship.” An action, furthermore, must necessarily involve at least two parties, a plaintiff who initiates a case with the filing of the complaint, and a defendant who responds through an answer. The very definition of a civil action contemplates at least two parties in the phrase “a party sues another", who is a definite adverse party.* ‘The issues or disputes alleged in the pleadings are generally heard by a court of general jurisdiction, which must rule on the respective rights and obligations of the parties. An action is adversarial in nature because it is always based on a cause of action, except for certain special civil actions, which are not based on a eause of action. Conversely, special proceedings usually involve just one party, who ‘usually initiates the proceedings with a petition, an application, or a special form of a pleading. Oppositors may join the proceedings by responding through their oppositions. The issues that may be ruled upon by the court are dictated by the law, because it exercises limited jurisdiction in a special proceeding. As a general rule, it is non- ‘adversarial in nature when initiated, but it may become adversarial in the course of the proceedings when there are oppositors. Moreover, special proceedings are not usually based on a cause of action, with certain exceptions such as in habeas corpus. In a special proceeding, the remedy is generally granted upon application or motion, and formal pleadings are not usually required, unless the statute expressly provides so, Nature of Special Proceedings Generally, special proceedings are non-adversarial in nature, because there is no definite adverse party in such proceedings.” For this reason, it is entitled, for example, as “In the Matter of the In- testate 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. “Monsafer ve. Shor'a District Court, .R. No. 174975, January 20, 2008. a. CHAPTER I— INTRODUCTION a Rule 72— Subject Matter and Applicability of General Rules General Provision RULE 72 SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES SEC. 1. Subject matter of special proceedings. — Rules of special proceedings are provided for in the following case: (a) Settlement of estate of deceased persons; () Escheat; (©) Guardianship and custody of children; (@)_ Trustees; (©) Adoption; @®_ Recission and revocation of adoption; (®) Hospitalization of insane persons; (a) Habeas corpus; (Change of name; @) Voluntary dissolution of corporations; (x) Judicial approval of voluntary recogni- tion of minor children; () Constitution of family home; (m) Declaration of absence and death; (a) Cancellation or correction of entries in the civil registry. 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, regardless of whether it is included in the foregoing enumeration. 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. The issue whether such petition for liquidation is an ordinary civil action or a special proceeding was4 SPECIAL PROCEEDINGS asontale for Bench and Bar resolved in Pacific Banking Corporation Employees Organization vs. Court of Appeals* in this wise: “A petition for liquidation of an insolvent corporation should be classified as a special proceeding and not an ordinary action. Such petition does not seek the enforcement or protection of a right nor the prevention or redress of a wrong against 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 secks 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. Likewise, a petition for annulment of marriage is a special proceeding since it seeks to establish a status or right or a particular fact.’ In the same vein, questions as to who are the heirs of the decedent, proof of filiation of illegitimate children and the determination of the estate of the decedent have to be decided in a probate court or in a special proceeding, and cannot be adjudicated in an ordinary action for recovery of ownership and possession." Other special proceedings under various laws include: (2) Summary proceedings under the Family Code (@) Actions mentioned in the Family Courts Act of 1997," such as: i. Declaration of absolute nullity of void marriages and annulment of voidable marriages ii, Legal separation iii, Provisional orders on support, custody of minor children, and administration of common property iv. Violence against women and their children and protection orders "GR. No. 108873, March 20, 1995. *Rayray ve. Chae Kyung Lae, G.R. No, L-18176, October 28, 1966, ““Agapay us, Palang, G.R. No. 116868, July 28, 1997. HRA. No. 8969, “An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas ‘Pombansa Bilang 129, As Amended, Otherwiee Known As Family Courts Act of 1980, “Appropriating Funds Therefor and For Other Purpose”, October 28, 1997. (CHAPTER 1—INTRODUCTION 5 ale 72-— Subject Matter and Applicability of General Rules (3) Proceedings under the Child and Youth Welfare Code,” ‘Child Abuse Act," and Child Employment Act," such as: i Declaration of status as abandoned, dependent or neglected children ‘Voluntary or involuntary commitment of children iii, Suspension, termination or restoration of parental authority (4) Domestic adoption"* (6) Intercountry adoption"* (6) Corporate rehabilitation” (1) Liquidation (8) Writ of Amparo” (9) - Writ of Habeas Data” (10) Writ of Kalikasan™ (11) Arbitration (12) Recognition and enforcement of an arbitral award” "SP.D, No, 608, December 10, 1974. "5RLA, No, 7610, “An Act Providing For Stronger Deterrence and Special Prove. tion Againat Child Buse, Exploitation and Discrimination, and For Other Purpose,” ‘ane 17, 1992 R.A. No. 1658, “An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings, Amending For This Purpose Section 18, Article VII of R.A. No. 7610," November 9, 1998. "MRA. No, 8552, “An Act Establishing the Rules and Policies on The Domestic “Adoption of Filipino Children And For Other Purposes,” Febroary 25, 1998. "RA. No, 049, "An Act Eetabliahing the Rules to Govern Inter-Country Adop- tion of Flipina Children, ond For Other Purpose,” June 7, 1998. MRA. No. 10142, “An Act Providing For The Rehabilitation or Liquidation of Financially Distressed Enterprises And Individuals” peed into law on July 18, 2010. “pacific Banking Corporation Employees Organizaiion vx. Court of Appeals, GR. No, 10987, March 20, 1895, 242 SCRA 482 MAM, No, 07.9-12.8C, October 24, 2007. A.M No, 08-1-16-8C, February 2, 2008. BAM. No, 09-6.6.8.8C, April 13, 2010. R.A. No. B16,"An Ae io Authorize The Making of Arbitration and Submission Agreements, To Provide For the Appointment of Arbitrator and The Procedure For “Arbitration in Civil Controversies, and For Other Purposes,” June 18, 1953. RA. No. 9285, “An Act To Intitutionalize The Use of An Alternative Dispute Resolution System in The Philippines and To Establish The Office For Alternative Dispute Resolution, and For Other Purposes,” April 2, 2004.6 SPECIAL PROCEEDINGS Easontals for Bench and Bar SEC. 2. Applicability of rules of 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 constried in order to promote their objective of securing a just, speedy, and inexpensive disposition of every proceeding* This is premised on Section 2, which provides that the rules for ordinary actions shall be applicable to special proceedings, save in cases where special provisions exist and provide otherwise. As a result, the Supreme Court has held that the provisions of the Rules of Civil Procedure, particularly on: (1) preparation, filing and service of applications, motions, and other papors, (2) omnibus motion rule, (3) subpoena, (4) computation of time, (6) motion for new trial, (6) modes of discovery, (6) trial before commissioners, and (7) demurrer to evidence also apply to special proceedings. In fact, the procedure of appeal in special proceedings should follow the procedure of appeal in civil actions, to wit “Moreover, 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 actione aa in special proceedings.” ‘See Moran's Comments on the Rules of Court, Vol. I, 1957 Ed, p. 826)"" Since a special proceeding is not a suit or ordinary action whereby a party sues another for the enforcement of a right or the prevention of a wrong, the requirement that no suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, does not apply to a special proceeding.” Rule 1, Sec. 6. *Matute vs. Court of Appeals, G.R. No. 26761, January 81, 1969, 26 SORA 768, "Fernandez us. Maravilla, GR. No, 1-18798, March 31, 1964 "ta, ‘Vda. de Manalo vs. Court of Appeals, G.R. No. 129242, January 16, 2001. (CHAPTER “INTRODUCTION 1 Rule 72— Subject Matter and Applicability of General Rules Furthermore, in Sheker us. Estate of Alice O. Sheker,* the ‘Supreme Court ruled that a certification against forum shopping is required in specifl proceedings, vi “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 for 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 eervice 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 GIR, No, 157912, December 13, 2007 "1a.PARTI SETTLEMENT OF ESTATE OF DECEASED PERSONS CHAPTER II IN GENERAL, VENUE, AND PROCESS 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 to 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. Modes of settlement of estate ‘The estate of a deceased person may be settled with or without court intervention. Court intervention is not necessary in case of extrajudicial settlement, which presupposes that the deceased has left no will, no debts, and whose heirs are all of age.t The decedent's estate may also be settled with the intervention of the court in the following scenarios: (J) Summary settlement of estate of small value,* (2) Partition and Wale 74, See. 1. Rule 74, Sec. 2 "Rule 69 (CHAPTER Il— IN GENERAL, VENUE, AND PROCESS 9 Rule 73— Venue and Process (8) Settlement through letters testamentary or letters of administration with or without the will annexed.* RULE 73 VENUE AND PROCESS SEC. 1. Where estate of deceased persons settled. — If the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of First Instance of any province in which he had estate, The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from the court, in the origirial case, or when the want of jurisdiction appears on the record. Proceedings for settlement of estate Ina special proceeding for settlement of estate, the petitioners seek to establish a status, a right, or a particular fact, i.e., the fact of death, and subsequently to be duly recognized as among the heirs of the deceased so that they can validly exereise their right to participate in the settlement and liquidation of the estate of the decedent consistent with the limited and special jurisdiction of the probate court.* ‘The settlement of estate requires certain steps to be taken before a compulsory heir may get his legal share. Thenetestate of the decedent must be ascertained, by deducting all payable obligations and charges from the value of the property owned by the deceased at the time of his death; then, all donations subject to collation would be ‘Rules 73, 75-90. Vda, de Manalo ve, Cour of Appeals, G.R. No. 120242, January 16, 2001.10 SPECIAL PROCEEDINGS Bssentile for Bench and Bar added to it. With the partible estate thus determined, the legitime of the compulsory heir or heirs can be established; and only thereafter can it be ascertained whether or not a donation had prejudiced the legitime. Jurisdiction over settlement of estate Municipal Trial Courts and Regional Trial Courts aro both empowered to take cognizance of estate proceedings. What determines which court has jurisdiction will depend on the gross value of the estate concerned. The Municipal Trial Court’ has exclusive jurisdiction to settle an estate if its gross value does not exceed P300,000 or P400,000 if within Metro Manila. If it exceeds said amount, then the Regional Trial Court has jurisdiction, This is pursuant to R.A. No, 7691, which amended B.P. Blg. 129, effective April 15, 1994, Thus, for purposes of determining which court has jurisdiction in the settlement of the estate of a deceased person, neither residence nor citizenship is taken into account. In fact, the gross value of the estate delineates which court has jurisdiction therein. It is only probate proceedings that fall under the jurisdiction of the municipal trial court. All other special proceedings are triable by, and fall within the exclusive original jurisdiction of the Regional ‘Trial Courts and Family Courts. Rule 73, Section 1 relates to venue, not jurisdiction Actually, Rule 73, Section 1 provides for the venue of actions for the settlement of the estate of deceased persons. As held in Garcia Fule us. Court of Appeal “The aforequoted Section 1, Rule 78 (formerly Rule 75, Section 1), specifically the clause ‘co far as it depends on the place of residence of the decedent, or of the location of the state; is in reality a matter of venue, as the caption of the Rule indicates; ‘Settlement. of Bstate’ of Deceased Persons. ‘Venue and Processes.’ It could not have been intended to define the jurisdiction over the subject matter, because such legal provision is contained in a law of procedure dealing merely with procedural matters, Procedure is one thing, jurisdiction over the "Natcher os, Court of Appeals, GR No. 198000, October 2, 2001. his includes the Metropolitan Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court. “Lim vs, Court of Appeals, G-R. No, 124715, January 24, 2000. 8G.R. No, L-40502, November 29, 1976, 74 SCRA 189. (CHAPTER I — IN GENERAL, VENUE, AND PROCESS n Rule 73— Venue and Proce subject matter is another. The power or authority of the court ‘over the eubject matter ‘existed was fixed before procedure in a given cause began. That power or authority is not altered or changed by procedure, which simply directs the manner in which the power or authority ehall be fully and justly exereised.’There are cases though thet if the power is not exercised conformably with the provisions of the procedural law, purely, the court attempting to exercise it loses the power to exercise it legally. However, this does not amount to a loss of jurisdiction over the subject matter. Rather, it means that the court may thereby lose jurisdiction over the person or that the judgment may thereby be rendered defective for Inck of something essential to sustain it. The appearance of this provision in the procedural law at once raises a strong presumption that it has nothing to do with the jurisdiction of the court over the subject matter. In plain words, it is just a matter of method, of convenience to the parties.” Clearly, Rule 73, Section 1 relates to the matter of venue of estate proceedings when it refers to the decedent's place or residence or location of the decedent's estate. In order to determine the proper venue in estate proceedings, one looks into the fact of residency in the Philippines and not the fact of citizenship. If the decedent was residing in the Philippines at the time of death, regardless of whether the decedent is a citizen or alien, the estate must be settled in the decedent's place of residence. Conversely, if the decedent was not a resident at the time of death, estate proceedings may be commenced. in any place where any of the decedent's properties are located. In order to preclude different courts which may properly assume jurisdiction from doing so, the Rule specifies that “the court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.” Preference, however, is given in favor of the court where testate proceedings, as compared to intestate proceedings, are held. Consequently, as soon as the probate court acquires jurisdiction over all the properties of the deceased, no other court can dispose of such properties without the probate court's approval, for that would be tantamount to divesting the latter with jurisdiction." This rule, however, is limited only to Philippine courts.* Thali ve Bush, G.R, No, 1e22761, May 31, 1969. "Union Banh vs, Santibanes, .R, No, 149826, February 28, 2008. gee. 1of Rule 79 refers to court in the Philippines and simply means that ‘onco a special proceeding forthe settlement of the estate ofa decedent is filed in one Gf such courte, that court bas exclusive jurisdiction over said estate and no other2 SPECIAL PROCEEDINGS [Essentials for Bench and Bar Once the court assumes jurisdiction, it shall not be contested so far as it depends on the decedent's place of residence or the location of the estate, As an exception, impropriety of venue may be raised in two instances: (1) in an appeal from the court, in the original case, or (2) when the want of jurisdiction appears on the record. ‘Thus, venue may be assailed only when the estate proceedings are brought up on appeal or if a plain reading of the records of the case will immediately show that venue was improperly laid, To illustrate the second scenario, for example, while the petition for probate of ‘the will alleges that the decedent was a resident of Makati City at the time of death, the petition was filed in the City of Parafiaque. Obviously, the petition should be dismissed for improper venue because the allegations of the petition indubitably show that it should have been filed in Makati City. However, the fact that the estate proceedings are initiated neither in the decedent's residence nor where the decedent's estate is located is not jurisdictional and may be waived if not raised.” Objection to improper venue should be made in a motion to dismiss, and before movant submits himself to the jurisdiction of the probate court."* How then is “residence” defined for purposes of settlement of estate? It refers to “actual or physical” residence, as distinguished from “legal residence” or “domicile.” Though residence may be considered as synonymous with “domicile,” such assertion only applies in election cases. It has been held that for purposes of fixing venue under the Rules of Court, the “residence” of a person refers to one’s personal, actual or physical habitation, or actual residence or place of abode, which may not necessarily be one’s legal residence or domicile provided one resides therein with continuity and consistency. In other words, “resides” should be viewed or understood in its popular sense; it signifies physical presence in ‘a place and actual stay thereat.'* Thus, that fact that a deceased person's death certificate shows that he was a resident of Capas, Tarlac, did not stop the Supreme Court from upholding the ‘pecial procsedings involving the same eubject mattor may be filed before any other court, (Republic vs. Villarama, G.R, No. 117733, September 6, 1997). "SUriarte us. Court of First Instance, G.R. Nos. 1-21988-88, May 28, 1970, 28 SCRA 262, Consolidated Bank and Trust Corp. us. Intermediate Appellate Court, GR. No. 76017, June 8, 1981. San Luis ve. San Luis, GR. No. 183748, February 6, 2007 "Garcia. Quiazon vs. Belen, GR, No. 188121, July 81, 2013. (CHAPTER Il IN GENERAL, VENUE, AND PROCESS. 3 Rule 73— Venue and Process jurisdiction of the Regional Trial Court of Las Pifias City, where he actually resided.” Moreover, as a matter of principle, testate proceedings take precedence over intestate proceedings over the same estate." ‘Roberts vs. Leonidas’ involved two proceedings to settle the estate of Edward M. Grimm. Intestate proceedings were initiated in the Court of First Instance of Manila, Branch 20 by Ethel Grimm Roberts, the decedent's daughter from his first marriage. Subsequently, a petition for reprobate of will was initiated by the decedent's second wife, which wills were already admitted into probate in Utah. Ethel Roberts sought the dismissal of the testate proceedings. In affirming the lower court’s denial of the motion to dismiss, the Supreme Court held that the probate of the decedent's will is mandatory. It was further held that “ijt is anomalous that the estate of a person who died testate should be settled in an intestate proceeding. Therefore, the intestate case should be consolidated with the testate proceeding and the judge assigned to the testate proceeding should continue hearing the two cases." ‘The pronouncement in Roberts that the intestate and testate proceedings should be consolidated in the testate proceedings was not strictly followed in Uriarte v. Court of First Instance.® In Uriarte, petitioner Vicente, the alleged natural son of the decedent initiated intestate proceedings to settle the estate of his father in Negros Occidental. The decedent's other heirs opposed the intestate proceedings, claiming that the decedent left and executed a will Instead of presenting the will for probate in the existing intestate proceedings in Negros Occidental, the private respondents filed a petition for probate of the decedent's alleged will in Manila. The Supreme Court ruled that the private respondents should have submitted the decedent’s will for probate either on motion in the pending intestate proceedings or as a separate proceeding* The Court further held: "Gareia-Quiazon vs. Belen, supra. "ADy Vieng Seangio vs. Reyes, GR. Nos, 140871-72, November 27, 2006, GR, No, 1-55509, April 27,1964, 129 SCRA 83, "Hd. HG.R. No. 82828, September 20, 1977. "ce Cosio vs, Maloto (G.R. No. 1-32828, September 30, 1977), where the Supreme Court held that the probate court has no juriadction to entertain the petition for the probate of a will ofthe decedent in an intestate proceeding. Tt was Emproper to make a finding in an intestate eatate proceeding thet the discovered will thas been revoked.“ SPECIAL PROCEEDINGS rsentals for Bench and Bar “Thus, it has been held repeatedly that, if in the course of intestate proceedings pending before a court of first instance it is found that the decedent had left a last will, proceedings for the probate of the latter should replace the intestat proceedings even if at that stage an administrator had already been appointed, the latter being required to render final account ‘and turn over the estate in his possession to the executor subsequently appointed. This, however, is understood to be ‘without prejudice that should the alloged last will be rejected or is disapproved, the proceeding shall continue as an intestacy. As ‘lready adverted to, this i aclear indication that proceedings for the probate ofa will enjey priority over intestate proceedings." (Gmphasis supplied) In Cuenco vs. Court of Appeals, the settlement of estate was instituted in two courts, an intestate and a testate proceeding. The question of jurisdiction was raised in both courts. Former Senator ‘Mariano Cuenco's children by his first marriage (the respondents) instituted intestate proceedings in Cebu City, alleging that the decedent was a resident of Cebu at the time of his death. A week later, Senator Mariano Cueneo's second wife (petitioner) filed a petition for probate of his will in Quezon City. When the testate proceedings were initiated in Quezon City, the respondents had not yet complied with the Cebu Court's order to publish the notice of hearing, Upon learning of the oxistence of the intestate proceedings in the Cebu Court, the petitioner opposed the same and filed a motion to dismiss. The Cebu Court issued an order deferring to the testate proceedings in the Quezon City Court. The respondents, on the other hhand, questioned the Quezon City Court's jurisdiction, arguing that exclusive jurisdiction was vested in the Cebu Court when they instituted the intestate proceedings. Thus, on the issue of which between the Quezon City Court and Cebu Court had jurisdiction, the Supreme Court qualified that the rule on venue “does not state that the court with whom the estate or intestate petition is first filed acquires exclusive jurisdiction.” In order for the court to which the estate proceeding is first filed to acquire exclusive jurisdiction, said court must also first take cognizance of the same, to wit: “A fair reading of the Rule — since it deals with venue ‘and comity betwoen courts of equal and co-ordinate jurisdiction "Casio vs, Matoto, supra NGQ.R, No. L:24742, October 26, 1978, 88 SCRA 860. 14 (CHAPTER It — IN GENERAL, VENUE, AND PROCESS 18 ‘Rule 75 — Venue and Procese — indicates that the court with whom the petition is fist filed, ‘must also first take cognizance of the settlement of the estate in order to exercise jurisdiction over it to the exelusion of all other courts. Conversely, such court, may upon learning that a petition for probate of the decedent's last will has been presented in another court where the decedent obviously had his conjugal domicile and resided with his surviving widow and their minor children, and that the allegation of the intestate petition before Sf stating that the decedent died intestate may be actually false, may decline to take cognizance of the petition and hold the petition before it in abeyance, and instead defer to the second Court which has before it the petition for probate ofthe decedent's alleged last will" ‘The factual milieus in Uriarte and Cuenco seem similar and yet the Court's ruling on which court should the proceedings be ‘consolidated appears contradictory. This is explainetby the fact that in Uriarte, there was a showing that the petitioner in the probat proceeding had knowledge prior to filing the testate proceeding that an intestate proceeding was already pending. In Cuenco, the petition for probate was filed without knowledge of an existing intestate proceeding, which was filed just a week earlier. Extent of jurisdiction of probate court ‘A probate court acting a8 such exercises limited jurisdiction. ‘The said court is primarily concerned with the administration, liquidation, and distribution of the estate.” In fact, the main function of a probate court is to settle and liquidate the estates of deceased persons either summarily or through the process of administration. ‘Thus, it has authority to: (1) determine the heirs, and (2) make a just and legal distribution of the éstate.® It is within the jurisdiction of the probate court to approve the sale of properties of a deceased person by his prospective heirs before final adjudication; to determine who are the heirs of the decedent; the recognition of a natural child; the status of a woman claiming to be the legal wife of the decedent; the legality of disinheritance of an heir by the uenco vs. Court of Appeals, supra. "Union Bank of the Philippines vs. Santibates, GR. No, 149926, February 28, 2008 "Uy vs, Court of Appeals, OR. No. 167979, March 16, 2006. *Solivio vs. Court of Appeals, G.R. No. 89484, February 12, 1990.16 SPECIAL PROCEEDINGS Besontials for Bench and Bar testator; and to pass upon the validity of a waiver of hereditary rights.” Moreover, its jurisdiction extends to matters incidental or collateral to the settlement and distribution of the estate, such as the determination of the status of each heir and whether property included in the inventory is the conjugal or exclusive property of the deceased spouse.” Along the same track is the ruling in Romero us. Court of Appeals: “In the present case, petitioners assume that the properties subject of the allegedly illegal sale are conjugal and constitute part oftheir share in the estate. To date, there has been no final inventory of the estate or final order adjudicating the shares of ‘the heirs. Thus, only the probate court can competently rule on whether the properties are conjugal and form part of the estate. It is only the probate court that can liquidate the conjugal partnership and distribute the same to the heirs, after the debts of the estate have been paid.” Pertinent is the following disquisition on the issue of jurisdiction: Heirs of Ypon vs. Ricaforte GR. No, 198680, July 8, 2018, FACTS: Magdaleno Ypon (Magdaleno) died intestate, childless, and leaving certain properties. Gaudioso Ricaforte (Gaudioso) claimed that he was the sole heir of Magdaleno, executed an Affidavit of Self-Adjudication, and caused the cancellation of the titles covering Magdaleno's real properties. Petitioners, together with their cousins, fod a complaint for the cancellation of title and reconveyance against Gaudioso. In his Answer, Gaudiowo alleged that he was Magdslenc's lawful ‘on, and claimed that the petitioners were not real-parties-in- interest as there was no showing that they have been declared ‘as Magdaleno’s lawful heirs. ‘The trial court ruled that while the petitioners had established their relationship with Magdaleno in a provious special proceeding, this did not mean that they could already be considered as his compulsory heirs. Romero vs. Court of Appeats, G.R. No. 188021, April 18, 2012. SAgiarap us. Agtarap, GR. No. 177099, June 8, 2011, GR. No, 188921, April 18, 2012, (CHAPTER II — IN GENERAL, VENUE, AND PROCESS Rule 78— Venue and Process Did the trial court have the authority to determine Mogdaleno’s lawful heirs? HELD: NO. The rule that the determination of a Aecedent’s lawful heirs should be made in the corresponding special proceeding precludes the trial court, in an ordinary ‘action for eancellation of title and reconveyance, from granting the same. In the ease of Heirs of Teofilo Gabatan v. Court of “Appeals, the Court, citing several other precedents, held that ‘the determination of who are the decedent's lawful heirs must be rade in the proper epecial proceeding for such purpose, and not Sn an ordinary suit for recovery of ownership and/or possession, as in this case: Jurisprudence dictates thatthe determination cof who are the legal heirs of the deceased must be made in the proper special proceedings in court, and not in an ardinsry suit for recovery of ownership and possession of property. This must take precedence over the action for recovery of possession and ownership. The Court has consistently ruled thatthe trial eourt cannot make a declaration of heirship in the civil action fr the reason that such a declaration can only be made in a special proceeding. Under Section 3, Rule 1 ofthe 1997 Revised Rules of Court, a civil action ia defined as one by which a party sues another for the enforcement or protection of Tight, or the prevention or redress of a wrong while a special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. Its then decisively clear that the declaration of heirship can be made only in special proceeding inasmuch as the petitioners here are secking the establishment of a status or tight. In the more recent ease of Milagros Joaquino v. Lourdes Reyes, the Court reiterated its ruling that matters relating to the rights of filiation and heirship must be ventilated in the proper probate court in a special proceeding instituted precisely for the purpose of determining such rights. By way of exception, the need to institute a separate special proceeding for the determination of heirship'may be dispensed with for the eake of practicality, as when the parties {n the civil ease had voluntarily submitted the issue to the trial court and already presented their evidence regarding the issue of heirship, and the RTC had consequently rendered judement thereon, or when a special proceeding had been instituted but 018 SPECIAL PROCEEDINGS [Besontiala for Bench and Bar hhad been finally closed and terminated, and henee, cannot be re-opened. In this case, none of the foregoing exceptions, or those of similar nature, appear to exist. Hence, there lies the need to institute the proper special proceeding in order to determine ‘he heirship of the parties involved, ultimately resulting to the dismissal of the complaint. Since a determination of heirship cannot be made in an ordinary action for recovery of ownership and/or possession, the dismissal of the complaint was altogether proper. The trial court erred in ruling on Gaudioso’s heirship which should, as herein discussed, be threshed out and determined in the proper special proceeding. As such, the foregoing pronouncement should therefore be devoid of any legal effect. It bears noting that the case of Heirs of Teofilo Gabatan vs. Court of Appeals” cited above made an exception to the rule that determination of heirship cannot be made in an ordinary action for recovery of ownership and possession, thus: __ “There appears to be only one parcel of land being claimed by the contending parties as their inheritance from Juan Gabatan. I¢ would be more practical to dispense with ‘2 separate special proceeding for the determination of fhe Matus of reponttent ns the sol heir of Juan Gaba, specially in light of the fact that the parties to Civil Case No. 89. 092, had voluntarily submitted the issue tothe RTC and already presented their evidence regarding the issue of heirshipin these proceedings.” Jurisdiction over questions of title to property As a general rule, however, a probate court cannot adjudicate or determine title to properties claimed to be a part of the estate and quay claimed aa belonging to outside parties, As an exception for the purpose of determining whether a certain pro ul or should not be inluded im she inventory, the probe court nny pass upon the title thereto but such determination is not conclusive and is subject to the final decision in a separate action regarding ownership, which may be instituted by the parties. GR, No. 160206, March 13, 2009. “Vida. de Rodrigues vs. Court of Appeals, G.R. No, 1-39532, July 2 GR. No, 139592, July 20, 1970; Spouses Pastor, Jr. ve. Court of Appeals, G.R. No. 1-66340, June 24, 1983. (CHAPTER Il — IN GENERAL, VENUE, AND PROCESS w ale 73— Venue and Process Order of inclusion or exclusion merely provisional and Interlocu- tory ‘The court which acquires jurisdiction over the properties of a deceased person through the filing of the corresponding proceedings hhas supervision and control over the said properties, and under the said power, itis its inherent duty to see that the inventory submitted by the administrator appointed by it contains all the properties, rights and credits which the law requires the administrator to set cut in his inventory. In compliance with this duty, the court has also inherent power to determine what properties, rights and credits of the deceased should be included in or excluded from the inventory. Should an heir or person interested in the properties of a deceased person duly call the court's attention to the fact that certain properties, rights or credits have been left out in the inventory, it is likewise the court's duty to hear the observations, with power to determine if such observations should be attended to or not and if the properties referred to therein belong prima facie to the intestate, but no such determination is final and ultimate in nature as to the ‘ownership of the said properties." Questions of title may be passed on provisionally, but the final determination of the ownership of the property must be threshed out in a separate civil action and not in the probate court." Pacioles, Jr, vs. Chuatoco-Ching GR. No. 127920, August 9, 2005 FACTS: Miguelita Ching-Pacioles died intestate, leaving real properties with an estimated value of P10.5 Million, stock. investments worth P518,788,00, bank deposits amounting to P84 Million, ond intereste in cortain businesses. She was survived by her husband, petitioner Emilio Pacioles, Jr., and their two minor children. Consequently, petitioner filed with the RTC a verified petition for the settlement of Miguelite’s estate, He prayed that (@) letters of administration be isoued in hia name, and (b) that the net residue of the estate be divided among the compulsory heirs. Te Leon va, Court of Appeale, GR. No. 128781, August 6, 2002 citing Garcia Garcia, 67 Phil. 353 (1998), SeAranas vs. Mercado, G.R. No, 186407, January 12, 2014; Agtarap vs. Agta rap, GR. No 177088, June 8, 2011; Pobre vs. Gonong, G.R. No, 1-60875, March 16, 1987,20 SPECIAL PROCEEDINGS Eazentiale for Bench and Bar Miguelita’s mother, respondent Miguela Chuatoco-Ching, filed an opposition on the grounds that (a) petitioner is incom- petent and unfit to exercise the duties of an administrator; and @) the bulk of Miguelita’s estate is composed of “paraphernal properties.” Respondent prayed that the letters of administra- tion be issued to her instead. Afterwards, she also filed a motion for her appointment as special administratrix. Petitioner moved to strike out respondent's opposition, alleging that the latter has no direct and material interest in tho estate, she not being a compulsory heir, and that he, being the surviving spouse, has the preferential right to be appointed ‘as administrator under the law. Respondent countered that she has direct and material interest in the estate because she gave half of her inherited properties to Miguelita on condition that both of them “would undertake whatever business endeavor they decided to, in the capacity of business partners.” In her omnibus motion, respondent nominated her son Emmanuel Ching to act as special administrator. The intestate court issued an order appointing petitioner and Emmanuel as joint regular administrators of the estate. Consequently, a Notice to Creditors was published, but no claims were filed against the estate. Thereafter, petitioner submitted to the intestate court an inventory of Miguelita’s estate, Emmanuel did not submit an inventary. ‘The intestate court declared petitioner and his two minor children as the only compulsory heirs of Miguelita. Petitioner filed an omnibus motion praying, among others, that an Order be issued directing the partition and distribution of the estate among the declared heirs. Respondent opposed petitioner's motion on the ground that tho partition and distribution ofthe estate is “premature and precipitate,” considering that there is yet no determination “whether the properties specified in the inventory are conjugal, paraphernal or owned in a joint venture.” Respondent claimed that she owns the bulk of Miguelit's estate as an “heir and co- ‘The intestate court donied petitioner's prayer for partition and distribution of the estate, holding that its indeed premature, indicating that it will Gest reselve respondents claim of ownership. Petitioner filed with the Court of Appeals a Potition for Certiorari, which the latter dismissed (CHAPTER II —IN GENERAL, VENUE, AND PROCESS Rule 73— Venus and Process ‘May a trial court, ating as an intestate court hear and ‘pass upon questions of ownership involving properties claimed to be part ofthe decedent’s estate? HELD: NO. The general rule is that the jurisdiction of the trial court either as an intestate or a probate court relates only to matters having to do with the settlement of the estate the determi during the proceedings. The patent rationale for this rule is ‘that such court exercises special and limited jurisdiction. ‘A well-recognized deviation to the rule is the principle ‘that an intestate or a probate court may hear and pass upon ‘questions of ownership when its purpose is to determine “whether or not a property should be included in the inventory. In such situatione{) the adjudication is merely incidental and provisional. Thus, in Pastor, Jr. v. Court of Appeals, wo held: “

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