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Special Proceedings Summary

Action Where filed Venue By whom filed Period of Filing What to File
Resident – where he
If there is will, 20 days Petition for Issuance of
Settlement of estate of deceased resided Heir or any interested persons (e.g.
RTC after death letters of administration or
persons Non-res – where property is creditors)
testamentary
located
Resident – where he
resided
Escheat RTC Solicitor General Upon death Petition for Escheat
Non-res – where property is
located
Any relative, friend, or other person
Guardianship and custody of Petition for the appointment
RTC Where the minor resides on behalf of a resident minor or
children of a general guardian
incompetent
Where the will was allowed;
Petition for the appointment
Trustees RTC If not, where the property is Any interested person
of a Trustee
located
Where the petitioner
Adoption RTC Any person qualified to adopt Petition for Adoption
resides
Rescission and revocation of Where the petitioner Person adopted or his guardian; or Petition for the Rescission
RTC
adoption resides the adopter and Revocation of Adoption
Where in insane person is Petition for the commitment
Hospitalization of insane persons RTC Any interested person
found of a person to a hospital
RTC, CA, The person detained, or any other Petition for the issuance of a
Habeas corpus
SC person acting in his behalf writ of Habeas Corpus
Change of name RTC Where petitioner resides Party desiring to change name Petition for Change of Name
Voluntary dissolution of Where the principal of corp Majority of BOD verified by Corp Sec Petition for Voluntary
RTC
corporations is located or President Dissolution
Judicial Approval of
Judicial approval of voluntary Voluntary Recognition of
RTC Where the child resides The child or his parents
recognition of minor natural children Minor Natural Children

Petition for Constitution of


Constitution of family home RTC Where property is located Head of Family
Family Home
Spouse, heirs, relative who succeed 2 years from last
Where absentee last
to property, other whose property appearance; or Petition for Declaration of
Declaration of absence and death RTC resided before
rights are subordinated by rights of 5 years if he left Absence
disappearance
the absentee administrator
Cancellation or correction of entries Place of office of the Petition for Correction of
RTC Party seeking the correction
in the civil registry registrar Entry in the Civil Registry

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