Specpro 012921

Hail mary full of grace the lord is with

Part1: Nature special proceedings, part of remedial law

Remedy to establish a status, a right, or a particular fact

As distinguished from a civil action – you go to court to file a case to protect your rights, or enforce, or
prevent or seek redress for a wrong

Civil actions rules of civil procedure Rule 1 up to rule 71

After that, specpro Rules 72 to 109

Do not confuse special proceedings from special civil actions - Rules of civil procedure

Not an ordinary type of action, a special civil action

Rules of court covered by rules 52 to 71

Examples of special civil action – quo warranto, certiorari, mandamus, focible entry, unlawful detainer,
contempt (ignoring an order of the court),

Contempt – initiatory pleading

Direct content – petition or initiatory pleading, part of civil proceedings, but can be used

Indirect contempt vs direct contempt (moto proprio)

Special civil action (Quite hybrid), similar to special proceedings, some do not need summon anymore, some
require publication

Ordinary civil action

Special Proceedings are different from civil action

In special proceeding, in general, is non adversarial,

Respondent or oppositor – most of the time, is the republic of the Philippines (ex. Naturalization)

RP comes in as an intervenor
Annulment of marriage, adoption, as represented by the solicitor general

May the rule so civil procedure apply to special proceedings? Yes as far as practicable
For example, pretrial?

Can you have pretrial in special proceeding? Yes, as long as that is practicable and that it will help in the
speedy disposition of the case

Rules on civil pprocedure should as much as possible apply to special proceeding as long as iot will promote
just, speedy and inexpensive- practicable

Pretrial, even modes of discovery.

Bar question:

Demurrer to evidence in a special proceedings case

Probate proceeding – may a party file a demurrer to evidence in a probate proceeding?

Demurrer to evidence is a motion to dismiss based on insufficiency of evidence

Party does not satisfy the quantum of evidence required

After court has ruled on the formal offer of evidence and after the plaintiff has rested his case
Court rules on the admissibility of the evidence, and plaintiff has rested his case
>further rules if court deny, or court allow
Will the defendant still allow to
Wholistic perspective of the rules

There are some special procceedings which look like civil action
Settlement of estate – after filing, initial hearing na

Very peculiar

In civil action after filing of complain – issue summons, serve to defendants, period to file an answer

Plaintiff file reply,

In special procceedings, no summons, hearing agad

Not all special proceedings are conducted like that

Petition for annulment of marriage – still needs summons, and time to file an answer

In an ordinaty civil case, the defendant will be in default, and that give the right to plaintiff to present to file
ex parte

Once default, defendant cannot join anymore

In petition for annulment of marriage, no answer, no default

Special proceedings are quite different

Let’s move to settlement of estate:

1st special proceeding is the ssettlement of estate

Rules 73 to 90

What comes to mind when it comes to settlement of estate – Manahan

Somebody is dead already and the object is to distribute his properties to those who are entitled to it
State shall be the first -Estate tax, BIR cclearance is prerequisite 6% of gross under tax code
Then creditors
Expenses of administrations
The remaining is the partible estate - to be divided among the hheirs
Settlement of estate – only spec pro which involves MTC

Summary settlement of estate: only 10k

Residence in settlement: Actual physical habitation of the person, not domicile

It is possible that a person has several residences

Last place of abode whether foreigner of Filipino

Resident – last place of abode at the time of death

Non resident – one of the many properties

Probate court vs intestate court 3 cases -Quenco vs avelino

Principless – testate prevails over intestate

First court which cognized, excludes others

For Judge- must harmonize (practicable, speedy, just)

2 year prescriptive period – applicable to parties (to the extrajudicial) that participated only
Does not apply to those who did not participate
They can file for action for reconveyance

Action to recover property disposed through void instruments – imprescriptible

ExtraJudicial Settlement
No will, no debt, all legal age (or represented)