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. Settlement of estate of deceased persons;
b. Escheat;
c. Guardianship and custody of children;
d. Trustees;
e. Adoption;
f. Rescission and revocation of adoption;
g. Hospitalization of insane persons;
h. Habeas corpus;
i. Change of name;
j. Voluntary dissolution of corporations;
k. Judicial approval of voluntary recognition of minor natural children;
l. Constitution of family home;
m. Declaration of absence and death;
n. Cancellation or correction of entries in the civil registry.
OTHER SPECIAL PROCEEDINGS
a. Liquidation proceedings
b. Intra corporate controversies
c. Corporate rehabilitation
d. Recognition and enforcement of arbitration proceedings
e. Vacation, setting aside, correction or any modification of arbitral award
f. 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

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

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
h. Habeas corpus
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)
i. 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: Civil
Registrar in place where he resides
b. Consul General: If applicant resides abroad