This document provides an overview of special proceedings rules and case law in the Philippines. It covers topics such as the difference between civil actions and special proceedings, declaration of absence and death, settlement of estates of deceased persons, venue and process for special proceedings, summary settlement, production and allowance or disallowance of wills, allowance of wills proved outside the Philippines, appointment of administrators and executors, and opposition to issuance of letters testamentary. The document outlines the relevant rules of court and cites numerous Philippine Supreme Court cases to illustrate how these rules have been applied.
Original Description:
Cases covering Rule 72-Rule 79 of Special Proceeding
This document provides an overview of special proceedings rules and case law in the Philippines. It covers topics such as the difference between civil actions and special proceedings, declaration of absence and death, settlement of estates of deceased persons, venue and process for special proceedings, summary settlement, production and allowance or disallowance of wills, allowance of wills proved outside the Philippines, appointment of administrators and executors, and opposition to issuance of letters testamentary. The document outlines the relevant rules of court and cites numerous Philippine Supreme Court cases to illustrate how these rules have been applied.
This document provides an overview of special proceedings rules and case law in the Philippines. It covers topics such as the difference between civil actions and special proceedings, declaration of absence and death, settlement of estates of deceased persons, venue and process for special proceedings, summary settlement, production and allowance or disallowance of wills, allowance of wills proved outside the Philippines, appointment of administrators and executors, and opposition to issuance of letters testamentary. The document outlines the relevant rules of court and cites numerous Philippine Supreme Court cases to illustrate how these rules have been applied.
Civil Action vs. Special Proceedings - Heirs of Guido Yaptinchay, et al v. Roy Del Rosario, GR 124320, March 2, 1999 Nature of Special Proceedings - Montañer v. Sharia District Court, GR No. 174975, Jan. 20, 2009 Declaration of Absence and Death - Republic v. CA, et. Al, GR No. 163604, May 6, 2005
Settlement of Estate of Deceased Persons
- Luy Lim v. CA, GR. No. 124715, January 24, 2000 - Estate of Ismael Reyes v. Reyes, GR 139857, November 22, 2000 - Alejandrino v. CA, GR 114151, September 17, 1998 - Pascual v. CA, GR 120575, December 16, 1998
A. Venue & Process
- Rule 73 - Jurisdiction RA 7691 - Borromeo v. Borromeo, GR L-41171, July 23, 1987 - San Luis v. San Luis, GR No. 133743, February 6, 2007 - Garcia-Quiason v. Belen, GR 189121, July 31, 2013 - Uriate v. CFI, GR L-21938-39, May 29, 1970 - Roberts v. Leonidas, GR L-55509, April 27, 1974 - Vda Rodriguez v. CA, GR L-39532, July 20, 1979 - Aranas v. Mercado, GR. 156407, January 12, 2014 B. Summary Settlement - Rule 74 - Jose Lee, et al v. RTC Quezon City, GR 146006, February 23, 2004 - In the matter of Estate of Delgado, GR 155733, January 27, 2006 - Bautista v. Bautista, GR. 160556, August 3, 2007 C. Production of Will - Rule 75 - Fernandez v. Dimagiba, GR L-23638, Oct. 12, 1967 - Nittscher v. Nittsher, GR. 160530, November 20, 2007 D. Allowance/Disallowance of Will - Rule 76 - Bonilla v. Aranza, GR L-38509, December 7, 1982 - Palaganas v. Palaganas, GR 169144, January 26, 2011 E. Allowance of Will Proved outside Philippines - Rule 77 - Ancheta v. Guersey-Dal;ayon, GR. 139868, June 8, 2006 - ATCI overseas Corp., v.Etchin, GR. 178551, October 11, 2010 F. Appointment of administrator and/or executor - Rule 78 - Guerrero v. Teran, GR L-4899, March 19, 1909 - Vancil v. Belmes, GR 132223, June 19, 2001 G. Opposition to Issuance of Letters Testamentary - Rule 79 - San Luis v. San Luis, GR 133743, February 6, 2007 - Garcia Vda. De Chua v. CA, GR 116835, March 5, 1998