Special Proceeding Festin

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Special Proceeding Festin

Juris Doctor (National University Philippines)

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SPECIAL PROCEEDING

RULE 72 General Rule: The determination of who are


(BAR Q 1996, 1998, 2008, 2012) the legal heirs of the deceased must be made
in the proper special proceedings in court,
Special Proceeding is an application to and not in an ordinary suit for recovery of
establish the status or right of a party or a ownership and possession of property and
particular fact or any remedy other than an must take precedence over the action for
ordinary suit in a court of justice. recovery of possession and ownership.

Bar Q (2012) Exception: When the parties in the civil case


had voluntarily submitted the issue to the
Which of the following is not a Special trial court and already presented their
Proceeding? evidence regarding the issue of heirship, and
a. Absentees the RTC had consequently rendered
b. Escheat judgment thereon, or when a special
c. Change of First Name proceeding had been instituted but had been
d. Constitution of Family Home
finally closed and terminated, and hence
cannot be re-opened. (Heirs of Yipon vs
Bar Q (1996, 1998)
Ricaforte, GR 198680, July 8, 2013)
Distinguish Civil Action from Special
Proceeding. A petition for Liquidation of an Insolvent
Corporation should be classified as a special
Suggested Answer. proceeding and not as an ordinary action
1. A Special Proceeding under the same since it does not seek the enforcement or
rule provides that it is a remedy by protection of a right nor the prevention or
which a party seeks to establish a redress of a wrong against a party. It does
status, a right or a particular fact. not pray for affirmative relief for injury
Pursuant to Section 3 Rule 1 of the arising from a party’s wrongful act or
1997 Rules of Civil Procedure, a civil omission nor state a cause of action that can
action is one by which a party sues be enforced against any person. (Pacific
another for the enforcement or
Banking Corporation Employees
protection of a right, or the prevention
Organization vs CA, 242 SCRA 492 [1995])
or redress of a wrong.
2. Unlike actions, a special proceeding is
generally commenced by application, Doctrine: A proceeding before the Shari’a
petition or special form of pleading as District Court for the settlement of the estate
may be provided for by the particular is deemed a special proceeding. (Montañer,
rule or law. et al vs Shari’a District Court, GR 17975,
3. In special proceedings, it does not pray [2009])
for affirmative relief for injury arising
from a party’s wrongful act or Principle: In the absence of special
omission nor state a cause of action provisions, the rules provided for in ordinary
that can be enforced against any actions shall be, as far as practicable,
person. applicable in special proceedings. (Sec 2, Rule
72 ROC)
Doctrine: Unlike a civil action which has
definite adverse parties, a special proceeding
Bar Q (2008)
has no definite adverse party. (Montañer, et
al vs Shari’a District Court, GR 17975, An heir/oppositor in a probate proceeding
[2009]) filed a motion to remove the administrator
on the grounds of neglect of duties as
administrator and absence from the

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country. On his part, the heir/oppositor - Municipal Trial Court (does not
served written interrogatories to the exceed P400,000.00)
administrator preparatory to presenting - RTC (exceeds P400,000.00)
the latter as a witness. The administrator  Outside Metro Manila
objected, insisting that the modes of - MTC (gross value of the estate does
discovery apply only to ordinary civil not exceed P300,000.00 beginning
actions, not special proceedings. Rule on April 16, 2004
the matter.

Suggested Answer. Venue


I will deny the objection raised by the - Residence of the Decedent at the time
administrator. Under Section 2 of Rule 72, of his death is determinative of the
in the absence of special provisions, the venue of the proceeding.
rules provided for in ordinary actions shall - If non-resident of the Philippines, any
be, as far as practicable, applicable in province in which he had estate.
special proceedings. Hence, the provisions
on modes of discovery under the Rules of Resides
Court shall apply to special proceedings. - Personal, actual or physical
habitation of a person actual
Doctrine: Provisions of the Rules of Court residence of place of abode.
requiring a certification of non-forum - Residence requires bodily presence as
shopping for complaints and initiatory an inhabitant in a given place, while
pleadings, a written explanation for non- domicile requires bodily presence in
personal service and filing, and the payment that particular place and also an
of filing fees for money claims against an intention is required to make one’s
estate would not in any way obstruct probate domicile. (Garcia Fule vs CA, 74 SCRA
proceedings, thus, they are applicable to 189)
special proceedings such as the settlement of
estate of a deceased person. (Sheker vs Consequences when a will is later
Estate of Alice O Sheker, GR 157912 [2007]) discovered.
- The intestate already commenced
Doctrine: Notwithstanding Section 2 of Rule should be discontinued and a new
72v, Intervention as set forth under Rule 19 proceeding under a separate number
does not extend to creditors of a decedent and title should be constituted is
whose credit is based on contingent claim. entirely a matter of form and lies
(Hidalgo, et al vs CA, GR 164108 [2009]) within the sound discretion of the
court. (Reynoso vs Santiago, 85 Phil
RULE 73 268)
(BAR Q 2003, 2005, 2009) - The intestate case should be
consolidated with the testate
 Special Proceeding relative to the proceeding and the judge assigned to
settlement of estate of a deceased person the testate proceeding should
may either be estate or intestate. continue hearing the two cases.
 Claims against deceased persons should (Roberts vs Leonidas, 129 SCRA 33)
be filed during the settlement - If in the course of the intestate
proceedings of their estate. proceedings, it is found that the
decedent had left a will, proceedings
Court’s Jurisdiction over Probate for the probate of the latter should
Proceeding (RA 7691) replace the intestate proceedings
 (Metro Manila) even an administrator had already

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been appointed. (Uriate vs CFI of 1. To satisfy the contributive shares of


Negros, 33 SCRA 252) the devisees, legatees and heirs on
possession of the decedent’s assets.
Nature of Settlement of Estate (Section 6, Rule 88)
Proceedings. 2. To enforce payment of the expenses
- In rem which is binding against the of partition. (Section 3, Rule 90)
whole world. 3. To satisfy the cost when a person is
- All persons having interest in the cited for examination in probate
subject matter involved, whether proceedings. (Section 13, Rule 13)
they were notified or not, are equally
bond. (Philippine Savings Bank vs Bar Q (2005)
Lantin, 124 SCRA 483)
State the Rule on venue in judicial
When Notarial Will is Contested settlement od estate of deceased person.
- All the subscribing witnesses, and the
notary in the case of wills executed Suggested Answer.
Rule 73 of the Rules of Court expressly
under the Civil Cod, if present in the
declares that if the decedent is an
Philippines and not insane, must be
inhabitant of the Philippines at the time of
produced and examined, and the his death, whether a citizen or an alien, his
death, absence, or insanity of any of will shall be proved, or letters of
them must be satisfactorily shown to administration granted, and his estate
the court. (Section 11, Rule 76) settled, in the Regional Trial Court in the
province in which he resides at the time of
Doctrine: A testament may not be his death, and if he is an inhabitant of a
disallowed just because the attesting foreign country, the Regional Trial Court
witnesses declare against its due execution; of any province in which he had estate.
neither does it have to be necessarily allowed The court first taking cognizance of the
just because all attesting witnesses declare in settlement of the estate if the decedent,
favor of its legalization. (Baltazar vs Laxa, shall exercise jurisdiction to the exclusion
of all other courts.
GR 174489 [2012])
In case the marriage is dissolved by the
When Holographic Will is Contested death of the husband or wife, section 2 of
- The law requires three witnesses to the said rule provides that the community
declare that the will was in the property shall be inventoried,
handwriting of the deceased. (par 2, administered, and liquidated, and the
Section 11, Rule 76) debts thereof paid, in the testate or
- In the absence of any competent intestate proceedings of the deceased
witness, and if the court deemed it spouse. If both spouses have died, the
necessary, expert testimony may be conjugal partnership shall be liquidated in
resorted to. (par 2, Section 11, Rule the testate or intestate proceedings of
76) either.

General Rule: The probate court cannot Bar Q (2003)


issue writs of execution because its order
A, a resident of Malolos, Bulacan, died
usually refers to the adjudication of claims
leaving an estate located in Manila, worth
against the estate which the executor or
P200,000.00. In what Court, taking into
administrator may satisfy without the need consideration the nature of jurisdiction
of executor processes. and venue, should probate proceeding on
the estate of A be instituted.
Exceptions:

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Suggested Answer. which it may be found, and the price of any


The MTC of Malolos, Bulacan has property that may have been alienated or the
jurisdiction of the probate proceeding on property acquired therewith; but he cannot
the estate of A taking into account the claim either fruits or rent.
amount of the estate involved valued at
P200,000.00 (Section 33, BP 129 as Bar Q (2009)
amended, Section 1 ROC and RA 7691).
Venue is in Bulacan as A is a resident of Frank and Gina were married on June 12,
Malolos, Bulacan at the time of his death. 1987 in Manila. Barely a year after the
wedding, Frank exhibited a violent
Related Provisions to Section 4, Rule 73 temperament, forcing Gina, for reasons of
Presumption of death – For purposes of personal safety, to live with her parents. A
settlement of his estate, a person shall be year thereafter, Gina found employment as
presumed dead if absent and unheard from a domestic helper in Singapore, where she
for the periods fixed in the Civil Code. But if worked for ten consecutive years. All the
such person proves to be alive, he shall be time she was abroad, Gina had absolutely
entitled to the balance of his estate after no communications with Frank, nor did
payment of all his debts. The balance may be she hear any news about him. While in
recovered by motion in the same proceeding. Singapore, Gina met and fell in love with
Willie.
Article 390. After an absence of seven years,
On July 4, 2007, Gina filed a petition with
it being unknown whether or not the the RTC of Manila to declare Frank
absentee still lives, he shall be presumed dead presumptively dead, so that she could
for all purposes, except for succession. marry Willie. The RTC granted Gina's
The absentee shall not be presumed dead petition. The Office of the Solicitor General
for the purpose of opening his succession till (OSG) filed a Notice of Appeal with the
after an absence of ten years. If he disappears RTC, stating that it was appealing the
after the age of seventy-five years, an decision to the Court of Appeals on
absence of five years shall be sufficient in questions of fact and law.
order that his succession may be opened.
Is a petition for Declaration of
Article 391. The following shall be Presumptive Death a special proceeding?
Why or why not?
presumed dead for all purposes, including the
division of the estate among the heirs:
Suggested Answer.
(1) A person on board a vessel lost A petition for declaration of presumptive
during a sea voyage, or an aeroplane death is not included in the enumerations
which is missing, who has not been falling as a subject matter of a special
heard of four years since the loss of proceeding under Section 1 or rule 72.
the vessel or aeroplane; Such petition under Article 41 if the
(2) A person in the armed forces who has Family Code is a summary proceeding for
taken part in war, and has been the purpose of remarriage of the present
missing for four years; spouse. However, it is in a nature of a
(3) A person who has been in danger of special proceeding because it is an
death under other circumstances and application that seeks to establish a status
his existence has not been known for or a particular fact.
four years.
Principle: Partition is inappropriate when
Article 392. If the absentee appears, or there remains an issue as to the expenses
without appearing his existence is proved, he chargeable to the estate.
shall recover his property in the condition in

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In estate settlement proceedings, there is a Doctrine: The petition for letters of


proper procedure for the accounting of all administration of the estate of a decedent
expenses for which the estate must answer. If should be filed in the RTC of the province
there is any consolation at all to petitioner, where the decedent resides at the time of his
their heirs or distributes of the properties death. (Section 1, Rule 73)
may take possession thereof even before the
settlement of accounts, as long as they first Doctrine: Residence rather than domicile is
file a bond conditioned on the payment of the the significant factor in determining venue
estate’s obligations. (Section 1, Rule 73)

SUMMARY JURISDICTION AND VENUE


Kinds of Special Proceeding Jurisdiction and Venue
Settlement of Estate (Rule 73) 1. RTC or MTC (depending on the gross value
of the estate) of the province where the
deceased last resided)
2. In case the decedent is a non-resident of the
Philippines at the time of his death, venue
lies in any province in which he had an
estate.
Escheat (Rule 91) 1. RTC of province where the deceased last
resided.
2. In case the decedent is a non-resident of the
Philippines at the time of his death, venue
lies in any province in which he had an
estate.
Guardianship 1. Family Court of province or city where the
a. Rule on Guardianship on Minors (AM 03- minor actually resides.
02-05-SC) 2. If the minor resides in a foreign country, in
the Family Court of the province or city
where his property or any part thereof is
situated.
b. Guardianship over incompetent persons 1. RTC of the province or city where
who are not minors under the Rules of incompetent person last resided.
Court (Rules 92-97) 2. If the incompetent person resides in a
foreign country, in the Family Court of the
province or city where his property or any
part thereof is situated.
Rules of Adoption (AM 02-6-02-SC) 1. Family Court of province or city where the
a. If filed under the Domestic Adoption Act prospective adoptive parents reside.
(RA 8552) 2. If the petition is for Rescission of Adoption
by the Adoptee – Family Court of the city or
province where the adoptee resides.
(Section 19)
b. If filed under the Inter-Country Adoption 1. Family Court having jurisdiction over the
Act (RA 8043) place where the child resides or may be
found (filed by a foreign national or Filipino
Citizen permanently residing abroad).
2. It may be filed directly with the Inter-
Country Adoption Board.
Habeas Corpus 1. If filed with RTC, where the person is

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a. Habeas Corpus for illegal confinement or detained. SC, CA and RTC have concurrent
detention (Rule 102) jurisdiction.

*the writ of habeas corpus issued by the RTC


shall be enforceable only within its judicial
region (Section 21, BP 129)
b. Habeas Corpus for Custody of Minors (AM 1. Family courts have exclusive jurisdiction
03-04-04 SC (Family Courts Act of 1997, [RA 7309]).
2. Under the Rule on Custody of Minors and
Writ of Habeas Corpus in relation to
Custody of Minors (AM 03-04-04-SC), the
petition may be filed with SC, CA or any of
its members, and, if so granted, the writ
shall be enforceable anywhere in the
Philippines.
Amparo (AM 07-9-12-SC) SC, CA and Sandiganbayan, RTC
If the RTC, the place where the threat, act or
omission was committed or any of its element
occurred. (Section3)
Habeas Data (AM 08-1-16-SC) SC, CA and Sandiganbayan when the action
concerns public data or files of government
offices
If with the RTC:
1. Where the petitioner resides; or
2. Where the respondent resides; or
3. That which has jurisdiction over the
place where data or information is
gathered, collected, or stored, at the
option of petitioner. (Section 3)
Change of Name (Rule 103) RTC of the province where the petitioner
resides. (Section 1)
Absentees (Rule 107) RTC of place where absentee resides before his
disappearance. (Section 1)
Cancellation or Correction of Entries (Rule RTC of the province where the corresponding
108) Local Civil Registrar of place is located.
(Section 1)
The Clerical Error Act (RA 9048) 1. Local Civil Registry office of the city or
municipality where the record being sought
to be corrected or changed is kept;
2. Local Civil Registrar of the place where the
interested party is presently residing or
domiciled;
3. Philippine Consulates

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