Professional Documents
Culture Documents
SPECIAL PROCEEDING
NOTE: Declaration of absence and death: There is no such thing as declaration
of deathit should be absence leading to the declaration of death.
These are the only things which we will be discussing in Special Proceedings (I
will state them in the order of importance, procedurally speaking):
1. Settlement of Estates- states the meat of special proceedings
2. Adoption- although this is already studied in civil law; it is important because
of the new rule on adoption, not the laws on adoption (R.A. 3552, the
Domestic Adoption Act of 1998 as well as R.A. 8043, the Inter Country
Adoption Law of 1995)not that because that is substantive. I am talking of
the new rule on adoption which took effect sometime in August 2004. I thats
why I think its the second most important thing to discuss here.
3. Rule 103 in relation to Rule 108, Change of Name and Correction of
Entry..again, because of the new law. So the possibility of being asked in the
BAR is great. (Read also R.A. 9048)
4. Guardianship- practically the same rules of procedure as settlement of
estate..only that in settlement of estate, the subject is dead unlike in
guardianship, the subject is still alive. Physically alive, but mentally dead or a
minor. That is the difference between the two.
5. Habeas Corpus- a peculiar kind of special proceeding
6. Escheat
7. Trust (not the trust you buy in Mercury, but relationtrust relation)
All the rest, we will not discuss anymore. Voluntary Dissolution of Corporations;
Declaration of Absence & Death; Hospitalization of Insane Persons(but, I still
advise you to read), even the Constitution of the Family Home.
If I were an examiner, I would definitely ask in Special Proceedings, Settlement of
Estate and next to Settlement of Estate would be Adoption and next to that would
be Habeas Corpus.
Note that even in last years BAR examination there was no question on special
proceedings because utmost you get only one question for BAR purposes, one
question in Special Proceedings. Very seldom if you find two questions in Special
Proceedings. If, perhaps, the examiner is teaching special proceedings, then
perhaps he will ask you more questions in the BAR, but ordinarily nonot that
Im demeaning its importance.
My other consolation is that you are well-versed in Special Proceedings, that
remains to be seen starting this afternoon.
Remember, Special Proceedings is different from all other actions, including
Special Civil Actions. If you are asked to define what a Special Proceeding is, A
Special Proceeding is an action other than an ordinary action, a special
civil action, or a criminal action. That is a correct definition by exclusion. To be
ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE
MENDOZA and SARAH JANE CASAUAY
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Q: Suppose Mr. X, who died, was known to everyone to have one child but later
on, it was found out that he had other illegitimate children. What will happen to
the affidavit of self adjudication? Is there any finality?
A: NO. Even if the properties have already been distributed, they aer still
subject to claims.
Q: How do you go about in making an Affidavit of Self Adjudication?
A: The word suggests already that it is an affidavitso, how do you formulate an
affidavit? You simply state in your affidavit that your father or your mother died;
and that he/she left the following properties; and that you are the only heir of your
parent; and that the estate are such and such, valued accordingly; and that they
are found there (location of property)..you simply submit that to the Register of
Deeds and the Register of Deeds will act on it only after you comply with the
requirement of publication and if there are personal properties belonging to the
estate, put up a bond according to the value or upon the discretion of the register
ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE
MENDOZA and SARAH JANE CASAUAY
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Q: What is Residence?
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MENDOZA and SARAH JANE CASAUAY
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So that if a person has two (well nagayon, hindi lang two, marami, apat, lima,
anim..tingnan nyo si Pacquiao, hindi na malaman kung saan sya resident,
Manila, Gensan.. hindi na malaman.. But if only Pacquiao studied law, he would
not have run for any position in the first place had he studied law, he would not
be a millionaire in the first place.) Fule settled that residence is the place of
actual habitation or it may not be the place of actual habitation, provided there is
animus manendi (intent to remain) and animus revertendi (intent to return). Kaya
pag yung isang lalaki, mayron legal na asawa, mayron pang kerida, mayron pang
kabit, at mayron ding scholar, in different houses, the residence is that of the
original. Why? Because there is animus manendi and animus revertendi. In all
other residences, there is only animus amare (intent to love) so that is
regarding this Section 1.
Let us go now regarding these two: It can be testate or intestate. You know
testate, in other words, there is a will. Intestate, there is no will. The distinction,
regarding these two will give you also the distinction between an executor and an
administrator.
Q: What is the distinction between an executor and an administrator?
A: The executor is the one appointed by the decedent as embodied in the will.
The administrator is the one appointed by the court if there in no will, or if there is
a will but does not designate an executor, or even if there is an executor, the
executor refuses to accept the trust or fails to put up a bond These are the
requirements: He is either not qualified; he fails to accept the trust; or he fails to
put up a bond so an administrator may be appointed.
Q: An administrator is of two kinds, what are they?
A: Rule 80
1. Special Administrator ( also of two kinds): With the will or Without a will
annexed;
2. Regular Administrator
Q: In what instances may the court appoint a special administrator?
A:
1. Delay in granting of Letters of Administration;
2. Sec. 8, Rule 86: The executor is a claimant of the estate he represents.
Q: So, when you go to testate, why is it here that they are of two kinds: with the
will or without a will annexed? How would you explain that? Kailan nangyayari
ito? If you are a custodian of a will of the decedent, what is your obligation?
A: To deliver to the court the will within 20 days after the death. (Sec. 2, Rule
75)
Q: Are you bound to file a petition?
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MENDOZA and SARAH JANE CASAUAY
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Q: Suppose they are not due yet, can they be filed against the estate?
A: Yes.
Q: Suppose they are not yet due?
A: Yeswhether due, not yet due, or contingent, you can file against the estate.
Q: When do you file it?
A: Not more than 12 months nor less than 6 months after the date of first
publication. Otherwise it is deemed waived. (STATUTE OF NON- CLAIMS)
STATUTE OF LIMITATIONS: prescriptive period in the Civil Code.
FCC vs Santibanez
Q: What were the issues assigned as errors before the CA?
A: Issues
1. Whether or not estoppel applies
2. Whether or not the extra judicial partition bet among the heirs were valid
3. Whether or not it is necessary for a partition to be approved by the probate
court
4. Whether or not the respondent could be held jointly liable with Santibanez.
Testate Proceeding.
Provisions on a holographic will. It wasnt clearly stated in this case.
The parties entered into an agreement.
Q. Can prospective heirs whether under the testate or intestate enter into a
partition over the properties belonging to the estate?
A. There can be no partition until and unless the will is allowed or probated.
Q. Was it really a partition?
A: According to the SC they may act to put an end in any indivision is considered
and deemed to be a partition.
There can be no partition in a testate proceeding before the will is allowed.
These are considered as contractual money claims under Rule 86. When you go
to Rule 87, you will note that you cannot file a claim against the estate if it is
claimable under Rule 86. So contractual money claims, hindi. That is why in
Rule 87, you are also limited to the following claims or actions:
1. Recovery of real or personal property;
2. Recovery of interest or lien therein;
3. Judgment arising from injuries
Q: In actions by and against executors and administrators, where will the
executor or administrator get his money to satisfy your prayer in your action?
Hindi ba from the estate? So why not against the estate, bakit against the
executor or administrator?
A: Rule 86 is not an action tapos na dyan yung action, it is already through. In
87, it is a separate and distinct action, so that if it is a complaint, you always file it
against the executor or administrator. Pero dito, tapos na yan. Hence, dahil
tapos na, it is urgent urgency of the subject matter so the presumption in 86,
that there must an estate proceeding, whether testate or intestate without that ,
you cannot file any claim. Suppose wala, ano gagawin mo? Iinitiate the testate
or intestate proceeding so that you file a claim. It is not an independent action
here.
But in 87, it is an independent action. Meron bang testate or intestate
proceeding? Not necessarily. You might say, bakit executor, administrator? Kaya
nga or because when you say executor, meron yan. Kung walang executor,
administrator. You mean to say that there can be no administrator without an
estate proceeding? No. There can be an administrator even if there is no estate
proceeding because you can even undertake extrajudicial settlement of the
estate. In extrajudicial settlement there can be an agreement by and between
the parties as to the administrator of the estate. The estate does not have a
separate and distinct personality. It is only an entity authorized by law in special
cases.
As a general rule, the estate cannot sue and be sued. It can only be sued in
certain instances. It cannot be sued because under Sec.1, Rule 3 (Who may be
parties), it is only an entity authorized by law. That is why you file against the
executor or administrator. Remember that an executor or administrator is a
natural person. Iba yun sa Guardian ha? A guardian can be a juridical person..
only guardianship over the property of the ward. In guardianship over the ward,
the guardian cannot be an artificial being or corporation.
What are these debts? There are only 5 specific kinds of debts.
Debts of the decedent;
Funeral expenses;
Expenses for administration;
Allowance for the widow; and
Taxes.
Q: Under the rules on preference of credit, taxes are given priority. Is there an
exception? What did you Labor Law teacher teach you about that?
A: PNB vs. NLRC case (March 1990): In case of liquidation of the assets of the
corporation, even taxes give way to unpaid salaries and wages. But in all other
instances, palaging ang gobyerno ang uunahin. Sabi nga sa mga Reviewers,
pag wala ka na daw maisasagot sa question sa taxation, taxation is the lifeblood
of the government.
Pag hindi mo mabayaran avail of Rule 89: Sales, Mortgages, and other
Encumbrances of the Property of the Deceased. The fundamental reason for
sales, mortgages, and other encumbrances is to pay off debts.
Q: The estate is worth one million (P1M). After payment of debts, all that had
been paid amounted to P500T. How much is left for distribution?
A: Only P500T.
Q: If there are 5 compulsory heirs, devisees and legatees, A, B, C, D, E, and
under the will, A should receive P500T; B- P100T; C- P100T; D and E- P50T each
and what remains is only P500T, how will you distribute the estate?
A: Distribute the estate by ratio and proportion.
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MENDOZA and SARAH JANE CASAUAY
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RULE 92 GUARDIANSHIP
Madali lang itong guardianship. You know why? Because the Rules are
practically the same. The fundamental difference is that in guardianship, the
subject is still alive. In settlement of estate, the subject matter is already dead.
ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE
MENDOZA and SARAH JANE CASAUAY
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Q: What is adoption?
A: It is a judicial proceeding whereby the relationship of paternity and filiation is
established. AS simple as that.
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MENDOZA and SARAH JANE CASAUAY
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HABEAS CORPUS
Q: What is the constitutional provision about habeas corpus?
A: The privilege of the writ of habeas corpus shall not be suspended except in
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MENDOZA and SARAH JANE CASAUAY
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Q: Name is Maria Cecilia when in her birth certificate it shows as Ma. Cecilia, is
that typographical or clerical error?
A: There is no error there. What you have to seek is change of name because
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MENDOZA and SARAH JANE CASAUAY
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