SPECIAL PROCCEDINGS

This is a remedy by which a party seeks to establish a status, a right, or a

particular fact (Rule 1, Sec 3c)
RULE 72
SUBJECT MATTER AND APPLICABILITY OF RULES
SUBJECT MATTER OF SPECIAL PROCEEDINGS
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.

Settlement of estate of deceased persons;

Escheat;
Guardianship and custody of children;
Trustees;
Adoption;
Rescission and revocation of adoption;
Hospitalization of insane persons;
Habeas corpus;
Change of name;
Voluntary dissolution of corporations;
Judicial approval of voluntary recognition of minor natural children;
Constitution of family home;
Declaration of absence and death;
Cancellation or correction of entries in the civil registry.

OTHER SPECIAL PROCEEDINGS

a.
b.
c.
d.
e.
f.

Liquidation proceedings
Intra corporate controversies
Corporate rehabilitation
Recognition and enforcement of arbitration proceedings
Vacation, setting aside, correction or any modification of arbitral award
Any application with a court for arbitration assistance and supervision

ACTION
To protect or enforce a right, or to prevent
or redress a wrong
Initiated by complaint
Definite parties
Answer is filed
Handled by court of general jurisdiction
Adversarial
Statute of Limitations applies

15-day appeal period

QUITORIANO, CARL VINCENT D.

Bachelor of Laws II

SPECIAL PROCEEDINGS
To establish a status, right or a particular
fact
Initiated by petition
Definite petitioner, no definite adverse party
Opposition is filed
Heard by court of limited jurisdiction
Not adversarial
No statute of limitations
To protect or enforce a right, or to prevent
or redress a wrong
30-day appeal period

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

JURISDICTION AND VENUE

a. Settlement of estate of deceased persons

RTC Gross value of the estate exceeds Php. 300, 000 400, 000
MTC - Gross value of the estate does not exceed Php. 300, 000 400, 000
o If resident of the place place where the deceased resided at the time of
death
o If non-resident of the place place where the deceased had estate

DIFFERENT MODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON

1.
2.
3.
4.
5.

Extrajudicial Settlement of Estate (Rule 74, Section 1)

Summary of Settlement of Estate of Small Value
Partition (Rule 69)
Probate of Will (Rule 75 79)
Petition for Letters of Administration in case of intestacy

b.

Escheat
Ordinary Escheat proceedings: RTC
o If resident place where deceased last resided
o If non resident - place where he had estate
Reversion of Land to State for violation of Constitution/Laws: RTC where the
land lies in whole or in part
Unclaimed deposits (10 years): RTC of province where bank is located
o All banks located in one province where the court is located may be made
parties defendant in 1 action.

c. Guardianship and custody of children

If resident place where minor/incompetent resides
If non-resident - place where minor/incompetent has property
d. Trustees
RTC Gross value of the estate exceeds Php. 300, 000 400, 000
MTC - Gross value of the estate does exceed Php. 300, 000 400, 000
a. If will allowed in the Philippines court where will was allowed
b. If will allowed outside the Philippines court in place where the property is
situated
e. Adoption: Regional Trial Court
If domestic adoption place where adopter resides
If inter country adoption court who has jurisdiction over the adoptee
f. Rescission and revocation of adoption: Regional Trial Court
g. Hospitalization of insane persons: Regional Trial Court in place where the person
alleged to be insane is found
QUITORIANO, CARL VINCENT D.
Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

h. Habeas corpus

i.

Supreme Court (Original, concurrent with RTC)

Court of Appeals (Original, concurrent with RTC)
RTC (Within its respective regions)
MTC (In the absence of RTC judges in the province/city)

Change of name
Judicial (Rules of Court): RTC in place where petitioner resides
Administrative (RA 9048):
o Civil Registrar where entry is located or if applicant migrated: Civil
Registrar in place where he resides
o Consul General: If applicant resides abroad

j. Voluntary dissolution of corporations: Security and Exchange Commission

k. Constitution of family home: Under the Family Code, it is deemed constituted on a
house and lot from the time it is occupied as a family residence
l.

Declaration of absence and death: RTC in place where the absentee resided before
his disappearance
PRESUMPTION OF DEATH
Absence of seven (7) years
But for succession absence of 10 years
If missing 25 years old or older 5 years

PRESUMTIONS
On board vessel or plane missing for 4 years
Person in the armed forces taken part in war and missing for 4 years
Person who has been in danger of death under other circumstances and his
existence has not been known in four years.

m. Cancellation or correction of entries in the civil registry

Judicial (Rules of Court): RTC in place where the civil registry is located
Administrative (RA 9048):
a. Civil Registrar where entry is located or if applicant migrated:
Registrar in place where he resides
b. Consul General: If applicant resides abroad

QUITORIANO, CARL VINCENT D.

Bachelor of Laws II

Civil

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

RULE 73
VENUE AND PROCESS
According to Circular no. 21 99 (15 April 1999), the new jurisdictional amounts as
adjudged under RA 7691 will be as follows:
File in RTC

In Metro Manila
Outside Metro
Manila

Before 14 April
1999
>Php. 200, 000
>Php. 100, 000

14 April 1999 31
December 2003
>Php. 400, 000
>Php. 200, 000

Beginning Year
2004
>Php. 400, 000
>Php. 300, 000

Before 14 April
1999
<Php. 200, 000
<Php. 100, 000

14 April 1999 31
December 2003
<Php. 400, 000
>Php. 200, 000

Beginning Year
2004
<Php. 400, 000
>Php. 300, 000

File in MTC

In Metro Manila
Outside Metro
Manila

NOTE: MTC jurisdiction is exclusive of interest, damages of whatever kind, attorneys fees,
litigation expenses and costs
RESIDENCE
This means his personal actual, or physical habitation, his actual residence or place of abode
(Fule vs CA, L 40502 29 November 1976)

RULE 74
SUMMARY SETTLEMENT OF ESTATES
GENERAL RULE
When a person dies, his estate is submitted to a judicial settlement proceeding
EXCEPTION
When estate need not be judicially administered through an administrator or executor:
a. Extrajudicial settlement
b. Summary of settlement of estate of small value (not exceeding Php. 10, 000)
EXTRAJUDICIAL SETTLEMENT
a. Does not require court intervention
b. Value of estate is immaterial
c. Allowed only in intestate succession
d. Proper only where there are no outstanding debts of the estate at the time of settlement
e. Can be resorted to only at the instance and by agreement of all heirs (If heirs do not
agree, they may resort to an action for partition)

QUITORIANO, CARL VINCENT D.

Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

REQUISITES OF A VALID EXTRAJUDICIAL SETTLEMENT

Substantive:
a. Decedent dies intestate
b. No outstanding debts of the estate at the time of settlement
c. Heirs are all of age or the minors are represented by their judicial guardians or legal
representatives
Procedural:
a. Settlement is made in a public instrument duly filed with the register of deeds or by an
affidavit of adjudication in the case of a sole heir
b. Filed with the register of deeds
c. Fact of settlement must be published in a newspaper of general circulation once a week
for 3 consecutive weeks
d. Bond filed equivalent to the value of the personal property
WHEN BOND FILED IS REQUIRED?
Bond filed is required only when personal property is involved. If real, it is subject to a lien in
favor of creditor for full period of 2 years from such distribution and such lien cannot be
substituted by a bond.
IS A PUBLIC INSTRUMENT NECESSARY FOR VALIDITY?
No. Private instrument/document or oral agreement of the partition is valid among the heirs
who participated in the EJS. The requirement in Rule 74, Section 1 that it must be in public
instrument is NOT constitutive of the validity but is merely evidentiary.
DEBT:
While the Rule provide that the decedent must not have left any debts, it is insufficient if any
debts he may have left have been paid at the time of EJS.
SUMMARY OF SETTELENT OF ESTATES WITH SMALL VALUE
a. Involves judicial adjudication in a summary proceeding
b. Applies only when gross estate does not exceed Php. 10, 000 (amount is jurisdictional)
c. Allowed in both testate an intestate estates
d. Available even if there are debts as the court will make provisions for the payment
thereof.
2 YEAR LIEN, REQUISITES:
a. Persons have taken part or have notice of extrajudicial partition
b. Compliance with the provisions of Rule 74, Section 1
REMEDIES OF AGGRIEVED PARTIES AFTER SETTLEMENT OF ESTATE
a. Within 2 years claim against the bond or the real estate
b. Rescission in case of preterition of compulsory heir in partition tainted with bad faith
(NCC Art. 1104)
c. Reconveyance of real property
d. Action to annul deed of EJS on the ground of fraud which should be filed within 4 years
from discovery.
An heir deprive of his share, may file an action for reconveyance based on implied or
constructive trust which describes in 10 years
QUITORIANO, CARL VINCENT D.
Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

If on date of the expiration of the 2 year period, the creditor or heir is:
a. Minor or incapacitated
b. In prison
c. Outside the Philippines

RULE 75
PRODUCTION OF WILL
ALLOWANCE OF WILL NECESSARY
PROBATE OF WILL
It is a juridical act whereby an instrument is adjudged valid and is ordered to be recorded. No
will shall pass property unless probated.
CUSTODIAN
He is a person chosen in advance and entrusted with the custody of the will. It does not refer
to a mere possessor of the will.
He must deliver the will to the court or to the executor within 20 days after he learns of the
death of the testator (Rule 75, Section 2)
NATURE OF PROBATE PROCEEDINGS
a. In rem jurisdiction of the court over the property
b. Mandatory
c. Imprescriptible
d. Estoppel does not apply

RULE 76
ALLOWANCE OR DISALLOWANCE OF WILL
WHO
a.
b.
c.
d.
e.

MAY PETITION FOR THE ALLOWANCE OF THE WILL

Any creditor as preparatory step for filing his claim therein
Devisee or legatee
Persons interested in the estate (heirs)
Executor
Testator himself during the lifetime

WHO MAY BE A PARTY IN A PROBATE?

Generally, any person having a direct and material interest in the will or estate.
JURISDICTIONAL FACTS ALLEGED IN PETITION FOR PROBATE
a. Person died leaving a will
b. In case of a resident, that he resided within the territorial jurisdiction of the court (in
case of non-resident, that he left an estate within such territorial jurisdiction)

QUITORIANO, CARL VINCENT D.

Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

DIFFERENCE BETWEEN PETITION FOR PROBATE FILED BY THE THRID

PERSONS AND BY THE TESTATOR HIMSELF
Filed by the third person
Notice published once a week for 3
consecutive weeks
Personal notice given to designated/known
heirs, legatees and devisees

Filed by testator himself

Newspaper publication not required
Personal notice sent only to testators
compulsory heirs

CONTENTS OF PETITION FOR PROBATE

a. Jurisdictional facts
b. Names ages and residences of heirs, legatees, and devisees
c. Probable value and character of property of estate
d. Name of person for whom letters are prayed and
e. If will has not been delivered to the court, the name of the person having custody of it.
But no defect in the petition shall render void the allowance of the will or the issuance of the
letters testamentary or of administration with the will annexed.
When does court acquire jurisdiction?
Upon PUBLICATION for 3 weeks successively of the order setting the case for hearing and
sending of NOTICES (20 days before hearing by mail, 10 days before by personal notice)
to all persons interested.
EVIDENCE IN SUPPORT OF PROBATE OF UNCONTESTED WILL
a. NOTARIAL WILLS testimony of at least 1 of the subscribing witness, deposition
allowed if witnesses outside the Province (Section 7)
b. HOLOGRAPHIC WILLS testimony of 1 witness who knows the handwriting and
signature of the testator. In the absence thereof, testimony of an expert witness.
HOW WILL IS PROVEN AS LOST OR DESTOYED
a. Proved that will:
Was in existence at the time of testators death OR
Was fraudulently or accidentally destroyed in testators lifetime without his
knowledge
b. Provisions of will must be clearly and distinctly proven by atleast 2 credible
witness.
GROUNDS FOR DISALLOWING WILL
a. Not executed and attested as required by law
b. Testator was mentally incapacitated to make a will or insane at the time of execution
c. Executed under duress, influence of fear or threats
d. Procured by undue and improper influence and pressure on the part of the beneficiary
or of some other person for his or her benefit
e. Signature of the testator was procured by fraud/trick and he/she did not intend
instrument to be will.
GENERAL RULE: HOLOGRAPHIC WILL
If destroyed, cannot be probated.

QUITORIANO, CARL VINCENT D.

Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD

EXCEPTION
If there exists a photostatic or Xerox copy thereof (Gan vs Yap, 104 Phil 509)
EVIDENCE IN SUPPORT OF PROBATE OF CONTESTED WILL
a. NOTARIAL WILLS all subscribing witnesses and notary public before whom the
will is acknowledged. Will may still be allowed if the Court is satisfied from the
testimony of other witnesses and from all the evidence presented that the will was
executed and attested in the manner required by law EVEN IF any of the witnesses
testify against, do not remember or of doubtful credibility.
b. HOLOGRAPHIC WILLS testimony of 3 witnesses who knows the handwriting and
signature of the testator. In the absence thereof, testimony of an expert witness.

QUITORIANO, CARL VINCENT D.

Bachelor of Laws II

Special Proceedings, (M&5:30-7:30 pm)

Prosecutor Elizabeth Garcia Bringas, JD