SPECIAL PROCEEDINGS SYLLABUS

MODULE 1

Rule 72 List of Special Proceedings are not Exclusive

• Writ of Kalikasan
• Writ of Amparo
• Writ of Habeas Data

Testate and Intestate Proceedings

• [CASE] 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.
o [CASE] Binatiro vs Cuyos July 30, 2008, Creditors and Heirs
o [CASE] Roman Catholic Bishop of Tuguegarao vs. Prudencio
September 7, 2016.
o [CASE] Marcos vs. Bangi October 15, 2014.
• What if the heirs cannot agree on a partition?
o [CASE] Boot vs Duhali October 2, 2017, Section 1 Rule 74.
Administration proceedings.
• What are compelling reasons for filing of administration proceedings
o [CASE] 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
o [CASE] Freanila vs. Banayad July 30, 2009
o [CASE] Cuenco vs. CA October 26, 1973
o [CASE] Palaganes vs. Palaganes Jan. 26, 2011
• Issues on ownership of property owned by the deceased.
o Can a probate court rule on issue of ownership?
o [CASE] Ignacio vs. Reyes July 12, 2017
o [CASE] Mayor vs. Chu November 23, 2016
• Powers of probate court
o [CASE] Reyes vs. Isip,
o [CASE] Gaas vs. Fortich,
o [CASE] Torres vs. Javier
• [CASE] Romero vs. CA April 18, 2012
• [CASE] Tan vs. Rodriguez January 31, 2018
 • Generally, Probate Court cannot issue a writ of execution. When can they
issue a writ of execution?

MODULE 2

Rule 75 to 90 Settlement or Distribution of Estates

Section 1 Rule 75 Production and Allowance of wills

Section 1. Allowance necessary. Conclusive as to execution. — No Will shall pass either

real or personal estate unless it is proved and allowed in the proper court. Subject to the
right of appeal, such allowance of the will shall be conclusive as to its due execution.

NOTE: Probate is a special proceeding to establish the validity of a will in order that it may be officially
recognized, registered and its provisions carried out insofar as they are in accordance with the law.
No will passes property unless it is probated by a court.

1. Probate Proceeding is a Proceeding In Rem (against or about a thing)

The probate of a will is a proceeding in rem because it binds the whole world by virtue of the publication
of the petition. Publication is notice to the whole world that the proceedings have for its object to bar
indefinitely all who might be minded to make an objection of any sort against the right sought to be
established, including the State. (Alaban v CA, G.R. No. 156021, 2005)

2. Probate is Mandatory
The law enjoins the probate of the will and public policy requires it, because unless [it] is probated and
notice thereof given to the whole world, the right of a person to dispose of his property by Will may be
rendered nugatory (Maninang v. CA, G.R. No. L-57848, 1982).

The heirs may only validly partition the estate only after the will has been probated

XPN: Article 1056 (Civil Code of 1899)- If the testator should make a partition of his properties
by an act inter vivos, or by will, such partition shall stand in so far as it does not prejudice the
legitime of the forced heir.

3. Probate is Imprescriptible
This proceeding cannot be dispensed with and substituted by another proceeding, judicial or
extrajudicial, without offending public policy. It is IMPRESCRIPTIBLE because it is required by public
policy and the state could not have intended to defeat the same by applying thereto the statute of
limitation of actions. (Guevara v. Guevara, G.R. No. L-5405, 1956)

Duty of Probate Court: to Look Into Extrinsic Validity of the Will

What do you mean by extrinsic validity? Whether the testator; 1. Is of sound mind 2. Freely execute the
will 3. In accordance with the formalities prescribed by the law. The question of ownership is an
extraneous matter which the court cannot resolve with finality. Substantial compliance is sufficient to
determine extrinsic validity.

4. The doctrine of estoppel does not apply. The presentation and probate of the will is required
by public policy. It involves public interest (Fernandez v. Dimagiba, G.R. No. L-23638, October
12, 1967).
What is a will. Two kinds, Holographic and Notarial

o [CASE] Gallanoza vs. Archangel 83 SCRA 676

o Probate of will. Precedence over intestate proceedings
o [CASE] Morales vs. Olandrez, Feb. 3, 2016
o [CASE] Cuenco vs. CA, Oct. 26, 1973
o [CASE] Oriarte vs. CFI May 29, 1970
o [CASE] Baluyot vs. Pano, May 7, 1976
o [CASE] Casiano vs. Maluto, Sept. 30, 1977, Intestate proceedings
already terminated
o [CASE] Advincula vs. Teodoro, May 31, 1956, Letters of
o Administration
• Due execution of will. Articles 805-806 of the Civil Code
o [CASE] Dorotheo vs. CA Dec. 8, 1999, Lawyer executed deed of
partition.
o [CASE] Tanchangco vs. Santos June 8, 2020
o Disallowance of a will Section 9 Rule 76 ROC; Article 839 of the Civil
Code
o Conclusive nature of a will. Appeal under Rule 109.
o [CASE] Morales vs. Olondrez.
o [CASE] Nepomuceno vs. CA, Oct. 9, 1985
o [CASE] Can a person in custody of the will be compelled by mandamus
to bring the will to the court? Uykwaoig vs. Lee
• Rule 76 Section 1. Persons who has a claim against the estate.
o Can a testator during his lifetime have his will probated in court?
o [CASE] San Luis vs. San Luis Feb. 6, 2007
o [CASE] Pee Ing Chong vs. Herrera March 25, 1976
o [CASE] Palaganes vs. Palaganes
o Jurisdictional facts of exhibits
o [CASE] Rodriguez vs. De Borja 17 SCRA 418. Probate of will is a
proceeding in rem.
o [CASE] De Aranz vs. Galiog May 28, 1988
o [CASE] Lerio vs. Lunga Oct. 8, 2018

MODULE 3

• What are the grounds for disallowance of a will? Section 9 Rule 76 and Article
839 of the Civil Code
• [CASE] Perez vs. Tolete June 2, 1994. Foreigners will probated abroad.
• [CASE] Palaganes vs. Palaganes January 26, 2011.
o Domiciliary administration and Ancillary administration
• Rule 78, Administrator and executor. What are their qualifications?
• Who may be appointed? Differentiate an Executor and Administrator?
o Can the court appoint two or more Executor or Administrator?
o [CASE] Uy vs. CA Gr. No. 167979
o [CASE] Tanchangco vs. Santos June 8, 2020
o Who may be appointed administrator? Rule on preference.
o Section 6 rule 78
o [CASE] PCIB vs. Escolin 56 SCRA 266
o [CASE] Gabriel vs. CA August 7, 1992
o [CASE] Marcelo Investment Corp vs. Marcelo Nov. 26, 2014
o [CASE] San Luis vs. San Luis February 6, 2007
• Rule 79 Contents of letters administration
o Who may file a petition for letters of administration?
o What happens if there is a delay in the appointment of executor
o or administrator? Section 1 Rule 80.
o [CASE] Fernandez vs. Maravilla March 31, 1964
o Powers and duties of administrator Rule 84

MODULE 4

• Claims against the estate Rule 86

o Section 1 of Rule 86. What is the role of the Office of the Clerk
o of Court?
o Notice to creditors. how issued?
o 2 kinds of claims against the estate, Money claims and Nonmoney
o claims, where to file and who to file?
o Rule 86 vs. Rule 87
o What money claims that may be filed before the Probate Court?
o [CASE] Government vs. Pamintuan 55 Phil 13;
o [CASE] Union Bank of the Philippines vs. Santibanez 452 SCRA
228;
o [CASE] Gutamco vs. Chan Sing 46 Phil 542
o What remedy is available if the probate court denies one’s money
claim?
o Suppose the estate is the creditor? Will you follow Rule 86?
o [CASE] Sicat vs. De Villanueva Nov. 10, 1932;
o Notice to creditors issued by court and the creditors fail to file their
money claim, what will be its effects?
o Section 2 Rule 86. Tardy Claim
o [CASE] Barrido vs. CA Nov. 28, 1962
o [CASE] Pauline vs. Aquino
o [CASE] PNB vs. CA March 20, 1958
o What if it is the executor and administrator has a claim over the
 o estate.
• Rule 87 Non-money claims.
o Where or whom to file non-money claims?
o Examples of non-money claims against the estate?
o What are Sections 6 to 9 Rule 87?
o Who has authority to file recovery of property belonging to the
o estate?
o [CASE] Rioferio vs. CA January 13, 2004;
o [CASE] Yaptinchay vs. del Rosario March 2, 1999
o [CASE] Treyes vs. Larlar September 8, 2020

MODULE 5

• Rule 88
o When may debts against the estate be paid?
o What is the Statute of non-claims?
o Where to get the payments from?
• Rule 89
o Sections 1,2,4 and 5 of Rule 89.
o How and when can the Executor or Administrator sell, mortgage or
subject the estate of the decedent to encumbrance?
• Rule 90
o What is Rule 90?
o How and when can the estate of the decedent be distributed?
o Project of Partition.
- [CASE] Reyes vs Ilano Oct. 28, 1936;
- [CASE] Deborja vs. Deborja April 27, 1949
o What is the concept of Advance inheritance?
o What is the remedy of an heir omitted in the partition?
o [CASE] Herez vs. Nietes Dec. 27, 1969.
o Suppose the 30 day period lapsed from the approval of the Project of
Partition, what is the remedy of an excluded heir?
• In your understanding of probate proceedings what could be the case flow in
settling the estate of a decedent?
• Rule 91
o What is the concept of an Escheat Proceedings?
o [CASE] Republic vs. CA Jan. 31, 2002
o Suppose the Escheat proceeding was concluded, when may an
o heir file his claim over the estate of the decedent?