SpecProceeding Digest

San Beda College of Law
100
MEMORY AID
IN
REMEDIAL LAW
SPECIAL PROCEEDINGS
SPECIAL PROCEEDINGS - A remedy by
which a party seeks to establish a status,
a right or a particular fact. (Rule 1,
Section 3)
JURISDICTION
GENERAL RULE: Regional Trial Court
EXCEPTION: MTC has jurisdiction in the
following cases:
1. Probate proceedings whether testate
or intestate where the gross value of
the estate does NOT exceed
P300,000 or P400,000 in Metro
Manila, EXCLUSIVE of interest,
damages
of
whatever
kind,
attorneys fees, litigation expenses
and costs.
2. DELEGATED JURISDICTION
in Cadastral and Land
Registration Cases covering lots
where there is no controversy or
opposition or contested lots where
the value of which does not exceed P
100T.
appeal is taken to the CA, not
to the RTC since MTC is equal to RTC
in this instance.
3. SPECIAL JURISDICTION
petitions for writ of Habeas
Corpus in case of absence of RTC
judges.
SC and CA have original jurisdiction
over Habeas Corpus cases, concurrent
with the RTC.
ORDINARY
ACTION
SPECIAL
PROCEEDING
to protect or
enforce a right or
prevent or redress a
wrong
involves the
establishment of the
right, status or fact
involves two or
more parties
may involve only

one party
governed by
ordinary rules
governed by special
rules supplemented
REMEDIAL LAW COMMITTEE
supplemented by
special rules
by ordinary rules
heard by courts of
general jurisdiction
heard by courts of
limited jurisdiction
Initiated by a
pleading and parties
respond through an
answer
Initiated by means of
a petition and parties
respond by means of
an opposition
DIFFERENT MODES OF SETTLEMENT OF

ESTATE OF DECEASED PERSON
1. Extrajudicial
Settlement
of
Estate (Section 1, Rule 74)
2. Partition (Rule 69)
3. Summary Settlement of Estate of
Small Value (Section 3, Rule 74)
4. Probate of Will (Rule 75 to 79)
5. Petition
for
letters
of
Administration in cases of
Intestacy (Rule 79)
PROCEDURE
PROCEEDINGS
IN
SETTLEMENT
Probate of the Will if

any (Rule 75 76)
Issuance of Letters
Testamentary/Administration
(A special administrator may be
appointed) (Rule 77-80)
Filing of Claims
(Rule 86)
Payment of Claims
Sale/Mortgage/Encumbrance
of Properties of the Estate
Distribution of Residue, if any

(But this can be made even before
payment if a bond is filed by the heirs)
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)

101
MEMORY AID
RULE 73
VENUE AND PROCESS
VENUE
INHABITANT
OF
PHILIPPINES
(whether citizen or alien) Court
of province/city where he
resides at the time of death.
INHABITANT
OF
FOREIGN
COUNTRY RTC of any province
wherein he had his estate.
Residence means his personal, actual
or physical habitation, his actual
residence or place of abode. (Fule vs.
CA, L-40502, Nov. 29, 1976)
Where estate of deceased persons
settled. (Sec.1)
2 KINDS OF SETTLEMENT
A. EXTRAJUDICIAL SETTLEMENT (Rule 74, Section 1)
B. JUDICIAL SETTLEMENT - Testate or
Intestate Proceedings instituted in
the country where decedent has his
residence
EXTENT OF JURISDICTION
Probate courts are courts of LIMITED
jurisdiction. It may only determine and
rule upon issues relating to the
settlement of the estate, namely:
1. administration of the estate;
2. liquidation of the estate; and
3. distribution of the estate.
GENERAL RULE: Probate court cannot
determine issue of ownership.
EXCEPTIONS:
1. Provisionally, ownership may be
determined for the purpose of
including property in inventory,
without prejudice to its final
determination in a separate action;
or
2. When all the parties are heirs and
they submit the issue of ownership
to the probate court provided that
the rights of third parties are not
prejudiced. (Bernardo vs. CA, L18148, Feb. 28, 1963)
IN
REMEDIAL LAW
EXAMPLES OF OTHER QUESTIONS

WHICH THE PROBATE COURT CAN
DETERMINE
1. Who are the heirs of the
decedent;
2. The recognition of a natural
child;
3. The validity of disinheritance
effected by the testator;
4. Status of a woman who claims to
be the lawful wife of the
decedent;
5. The validity of a waiver of
hereditary rights;
6. The status of each heir;
7. Whether property in inventory is
conjugal or exclusive property of
deceased spouse;
8. All other matters incidental or
collateral to the settlement and
distribution of the estate.
PRINCIPLE OF EXCLUSIONARY RULE
The court first taking cognizance of the
settlement of the estate of the
decedent, shall exercise jurisdiction to
the exclusion of all other courts.
The probate court acquires jurisdiction
from the moment the petition for the
settlement is filed with said court. It
cannot be divested of such jurisdiction
by the subsequent acts of the parties as
by entering into extrajudicial partition
of the estate (Sandoval vs. Santiago, 88
PHIL 784); or filing another petition for
settlement in a proper court of
concurrent venue (De Boria vs. Tan, 77
Phil 872).
EXCEPTION:
Estoppel by LACHES
Jurisdiction under Rule 73 Sec. 1 does
NOT relate to jurisdiction per se but to
venue. Hence, institution in the court
where the decedent is neither an
inhabitant or have his estate may be
waived. (Uriarte vs. CFI, L-21938-39,
May 29, 1970)
Improper venue must be seasonably
raised. (Eusebio v. Eusebio, 100 PHIL
593)
Special

102
MEMORY AID
REMEDY IF THE VENUE IS IMPROPERLY
LAID
ORDINARY APPEAL not certiorari or
mandamus UNLESS want of jurisdiction
appears on the record of the case.
RTC may issue writs and processes.
(Sec.3, Rule 73)
GENERAL RULE: Probate court cannot
issue writs of execution.
Reason: its orders usually refer to the
adjudication of claims against the estate
which the executor/administrator may
satisfy without the need of executory
process.
EXCEPTIONS:
EXCLUSIVE
(expressio
unius est exclusio alterius)
1. To satisfy the contributive share
of the devisees, legates and
heirs when the latter had
entered prior possession over the
estate. (Sec. 6, Rule 88)
2. To enforce payment of the
expenses of partition. (Sec. 3,
Rule 90)
Where the estate settled upon
dissolution of marriage (Sec.2)
Upon the death of either the husband or
the wife, the partnership affairs must be
liquidated in the testate or intestate
proceedings of the deceased husband or
wife. If both have died, liquidation may
be made in the testate or intestate
proceedings of either.
RULE 74
SUMMARY SETTLEMENT OF ESTATE
GENERAL RULE: If a person dies, his
estate is submitted to a judicial
settlement proceeding.
EXCEPTION: The heirs may resort to:
1. Extrajudicial settlement of estate;
or
2. Summary settlement of estate must
be conducted in accordance with
regular procedure NOT under rules
of summary procedure. (Regalado)
In these exceptions an administrator
or executor need not be appointed.
IN
REMEDIAL LAW
EXTRAJUDICIAL
SETTLEMENT
BY
AGREEMENT BETWEEN HEIRS (Sec.1)
Requisites:
A. Substantive
1. The decedent left a) no will
b) no debts
2. The heirs are all of age or the
minors are represented by their
judicial or legal representatives
duly authorized for the purpose
B. Procedural
1. Division of estate must be in a
PUBLIC INSTRUMENT or by
AFFIDAVIT of ADJUDICATION in
the case of a sole heir.
2. Filed with proper Registry of
Deeds
3. Publication of notice of the fact
of extrajudicial settlement once
a week for 3 CONSECUTIVE WKS.
4. Bond filed equivalent to the
value of PERSONAL property.
The bond is required only when

personalty is involved or the real estate
is subject to a lien in favor of creditors,
heirs or other persons for the full period
of 2 years from such distribution and
such lien cannot be substituted by a
bond.
The bond is the value of the personal
property certified by the parties under
oath and CONDITIONED upon payment of
just claims filed under Sec. 4, Rule 74.
BOND
1. equivalent to the value of
personal property
2. certified by parties under oath
by an affidavit
3. conditioned upon the payment of
just claims filed under Sec. 4.
If they cannot agree to the manner of
partition among themselves, they may
resort to Ordinary Action of Partition. If
despite the institution of such action
they subsequently arrived at an
agreement, they may enter into the
corresponding stipulation and register
Special

103
MEMORY AID
the same with the Register of Deeds.
(Regalado)
Is a Public Instrument necessary for the
validity of an extrajudicial settlement?
NO. Private instrument/document or
Oral agreement of partition is valid
among the heirs who participated in the
extrajudicial
settlement.
The
requirement under Sec. 1, Rule 74 that it
must be in public instrument is NOT
constitutive of the validity but is merely
evidentiary in nature. (Hernandez vs
Andal)
However,
Reformation
compelled. (Regalado)
may
be
EXTRAJUDICIAL
SETTLEMENT
JUDICIAL
SETLLEMENT
No court intervention
requires summary
judicial adjudication
gross estate must not
exceed P10T
allowed in both
testate and intestate
available even if
there are debts; it is
the court which will
make provision for
its payment
May be instituted by
ANY INTERESTED
PARTY even a
creditor of the
estate without the
consent of all heirs
bond to be
determined by the
court
value of the estate

immaterial
allowed only in
intestate succession
there must be no
outstanding debts of
the estate at the
time of settlement
resorted at the
instance and by
agreement of ALL
heirs
amount of bond is
equal to the value of
personal property
While the Rules provide that the

decedent must not have left any debts,
it is sufficient if any debts he may have
left have been paid at the time of the
extrajudicial settlement is entered into.
(Guico vs. Bautista, 110 Phil 584)
DISPUTABLE
PRESUMPTION
THAT
DECEDENT LEFT NO DEBTS
If no creditor files a petition for letters
of administration within 2 years after
the death of the decedent.
IN
REMEDIAL LAW
SUMMARY SETTLEMENT OF ESTATE OF

SMALL VALUE (Sec.2)
GROSS VALUE of the estate must NOT
EXCEED P10, 000.
This is jurisdictional. (Del Rosario vs.
Conanan, L-37903, March 30, 1977)
IMPORTANT REQUIREMENTS
1. Application
must
contain
allegation of gross
value of
estate.
2. Date for hearing
a) shall be set by court not less
than 1 MONTH nor
more
than 3MONTHS from date of
last publication of notice;
b) published, ONCE A WEEK FOR
3 CONSECUTIVE WKS in a
newspaper
of
general
circulation.
3. Notice shall be served upon such
interested persons as the court
may direct.
4. Bond - amount fixed by the
court (not value of personal
prop) conditioned upon payment
of just claims under Sec.4.
LIABILITY OF DISTRIBUTEES AND ESTATE
(Sec.4)
REQUISITES OF TWO-YEAR PERIOD LIEN
1. persons have taken part or have
notice of extrajudicial partition
2. compliance with the provisions
of Sec.1, Rule 74 (Sampilo vs.
CA)
BASIS TO COMPEL SETTLEMENT OF THE
ESTATE
1. undue
deprivation
of
lawful
participation in the estate.
2. existence of debts against the estate
or undue deprivation of lawful
participation payable in money.
REMEDIES
1. WITHIN 2 YRS. - claim against
the bond or the real estate.
2. Action to Annul a deed of
extrajudicial settlement on the
ground of FRAUD within 4
Special

104
MEMORY AID
YEARS from the discovery of
fraud.
3. Reconveyance of real property.
Where the estate has been summarily
settled, the unpaid creditor may, within
2 years, file a motion in the court
wherein such summary settlement was
had, for the payment of his credit.
EXCEPTION:
If on the date of the
expiration of the two-year period, the
creditor or heir is a) A minor or incapacitated, or
b) In prison or
c) Outside the Philippines,
he may present his claim within one year
after such disability is removed. (Sec. 5
Rule 75)
IN
REMEDIAL LAW
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.
(Mang-Oy vs. CA, 144 SCRA 33).
3. IMPRESCRIPTIBLE because of
the public policy to obey the will
of the testator.
4. The DOCTRINE OF ESTOPPEL
does not apply.
Reason: presentation
and
probate of will is required by
public policy and involves public
interest.
(Fernandez
vs.
Dimagiba)
The 2-year lien upon the real property

distributed by extrajudicial or summary
settlement shall be annotated on the
title issued to the distributees and after
2 years will be cancelled by the register
of deeds without need of court order
(LRC CIRCULAR 143)
Such lien cannot be discharged nor the
annotation be cancelled within the 2
year period even if the distributees offer
to post a bond to answer for contingent
claims from which lien is established.
(Rebong vs. Ibanez, 79 Phil 324)
RULE 75
PRODUCTION OF WILL/ ALLOWANCE OF
WILL NECESSARY
Section
1.
Allowance
necessary,
conclusive as to execution.
NATURE OF PROBATE PROCEEDINGS
1. IN REM -binding on the whole
world.
2. MANDATORY - no will shall pass
either real or personal property
unless it is proved and allowed in
the proper court. HOWEVER, it
has been held in one case that a
will may be sustained on the
basis of Article 1080 of the Civil
Code which reads as follows:
Special

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San Beda College of Law

may involve only

REMEDIAL LAW COMMITTEE

DIFFERENT MODES OF SETTLEMENT OF

Probate of the Will if

Distribution of Residue, if any

San Beda College of Law

REMEDIAL LAW COMMITTEE

EXAMPLES OF OTHER QUESTIONS

San Beda College of Law

REMEDIAL LAW COMMITTEE

The bond is required only when

San Beda College of Law

value of the estate

While the Rules provide that the

REMEDIAL LAW COMMITTEE

SUMMARY SETTLEMENT OF ESTATE OF

San Beda College of Law

If the testator should make a

The 2-year lien upon the real property

REMEDIAL LAW COMMITTEE

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