Special Proceeding Jurisdiction Venue

Rules 73-90 Settlement of Estate RTC- Gross value of the estate exceeds
Ordinary Action Special Proceeding of DeceasedSpecial
PersonsCivil 300,000/
Action 400,000 (Manila) 1. If inhabitant (resident) of the
To protect or enforce a right or prevent or Involves the establishment of a right, status, or fact Civil Action subject to specific
MTC- Gross value rules.
of the estate does not Philippines (whether citizen or
redress a wrong exceed 300,000/ 400,000 alien)- Court of the province/ city
Involve 2 or more parties – plaintiff and May involve only one party – only petitioner Involves twoNOTE: MTC
or more jurisdiction is exclusive of
parties where the deceased resides at the
defendant interest, damages of whatever kind, time of death
Governed by ordinary rules, supplemented Governed by special rules, supplemented by ordinaryOrdinary rules attorney’s fees, litigation
apply primarily expenses
but subject to and 2. Inhabitant (non- resident) of
by special rules rules specific rulescosts foreign country- court of any
Initiated by a complaint, and parties respond Initiated by a petition and parties respond through an Some are initiated by complaint, while some are province/ city wherein he had
through an answer opposition initiated by petition estate
Heard by courts of general jurisdiction Heard by courts of limited jurisdiction
Issues or disputes are stated in the pleadings Rule 91
Issues are determined by law Escheat RTC
of the parties 1. Ordinary escheat proceedings:
Adversarial Not adversarial RTC
Based on a cause of action Not based on a cause of action (except habeas Some special civil action have no cause of action
Corpus) a. If resident- place where the
deceased last resided
b.If non-resident- place where he
had estate
2. Reversion of land to the State for
violation of the Consitution/ Laws-
RTC where the land lies in whole or
in part
Special Proceeding Publication of Order of Hearing 3. Unclaimed deposits (for 10
Administrative change of first name or nickname Once a week for 2 consecutive weeks years)- RTC of the city/ province
Corporate rehabilitation where the bank is located
NOTE: All banks located in 1
Settlement of estate of deceased Once a week for 3 consecutive province where the court is located
persons weeks may be made party- defendant in 1
action.
Judicial change of name
Rules 73-90 Settlement of Estate RTC- Gross value of the estate exceeds
Judicial cancellation or correction of entries in the civil registry of Deceased Persons 300,000/ 400,000 (Manila) 1. If inhabitant (resident) of the
Domestic adoption MTC- Gross value of the estate does not Philippines (whether citizen or
Inter-country adoption exceed 300,000/ 400,000 alien)- Court of the province/ city
Voluntary dissolution of corporation NOTE: MTC jurisdiction is exclusive of where the deceased resides at the
(Except shortening of corporate term) interest, damages of whatever kind, time of death
Declaration of absence Once a week for 3 consecutive weeks attorney’s fees, litigation expenses and 2. Inhabitant (non- resident) of
Note: The declaration of absence shall not takecosts
effect foreign country- court of any
until six (6) months after its publication in a province/ city wherein he had
newspaper of general circulation. estate
Escheat Once a week for 6 consecutive weeks
Rule 91 Escheat RTC 1. Ordinary escheat proceedings:
Guardianship NONE RTC
a. If resident- place where the
deceased last resided
b.If non-resident- place where he
Trustees
had estate
2. Reversion of land to the State for
Hospitalization of insane person violation of the Consitution/ Laws-
Rescission of adoption RTC where the land lies in whole or
Administrative cancellation or correction of entries in part
Habeas corpus 3. Unclaimed deposits (for 10
Writ of amparo years)- RTC of the city/ province
Writ of habeas data where the bank is located
Writ of kalikasan NOTE: All banks located in 1
province where the court is located
1. Petitions on foster care and temporary custody may be made party- defendant in 1
2. Cases of domestic violence against women and action.
Children

Summary proceedings

Rule 98 Trustees RTC-Gross value of the estate exceeds Where the will was allowed or
400,000/500,000 where the property or portion
MTC- does not exceed 400,000/ thereof affected by the trust is
500,000 situated

Rule 101 Hospitalization of RTC Where such insane person may be

insane person found
Rule 103 Change of name RTC Where petitioner resides for 3
years prior to the filing of the
petition
Rule 108 Cancellation or RTC Where the corresponding civil
correction of entries registry is located
in the civil registry
Rule 107 Declaration of RTC Where the absentee resided before
absence and death his disappearance
A.M. No. 00-8-10-SC Corporate RTC Where principal office of the
rehabilitation corporation is situated
CLAIM AGAINST THE GROUNDS: (Section 4, Rule 74)
BOND OR REAL ESTATE a. If there is undue deprivation of lawful participation in the estate;
b. Existence of debts against the estate.

Should be brought within 2 years after settlement and distribution of the

estate

COMPEL THE SETTLEMENT Should be brought within 2 years after settlement and distribution of the
OF ESTATE IN COURTS estate

ACTION FOR RESCISSION It must be availed of within 5 years from the time the right of action
accrues. (Art. 1149, NCC)
Also applicable in judicial proceedings

ACTION FOR GR: It is based on an implied or constructive trust which prescribes in 10

RECONVEYANCE OF REAL years from the date of registration or date of issuance of certificate of
PROPERTY title or from actual discovery of fraud if the registration was made in bad
faith.
XPN: If the plaintiff is in possession of the property and did not pass to
innocent purchaser for value and good faith, action is imprescriptible.
(Marquez v. CA, G.R. No. 125715, Dec. 29, 1998) Also applicable in
judicial proceedings.

REOPENING BY Upon motion of a person who either:

INTERVENTION IN a. Has a legal interest in the matter in litigation;
SUMMARY SETTLEMENT b. Has such legal interest in the success of either of the parties, or an
interest against both; or
c. Is so situated as to be adversely affected by the distribution of
property in the custody of the court or of an officer.

Note: May be availed of after judgment but before its finality or appeal
by the aggrieved party.

PETITION FOR RELIEF On grounds of fraud, accident, mistake, and excusable negligence within
(SUMMARY SETTLEMENT) 60 days after petitioner learns of the judgment, final order or other
proceeding to be set aside, and not more than 6 months after such
judgment or final order was entered. (Rule 38.) Also applicable in judicial
proceedings.

ACTION TO ANNUL A On the ground of fraud which should be filed within 4 years from the
DEED OF EXTRAJUDICIAL discovery of fraud.
SETTLEMENT OR
JUDGMENT IN SUMMARY
SETTLEMENT

ORDINARY ACTION BUT If the order of closure has already become final and executory, the heir
NOT AGAINST THE BOND must file an independent civil action of accion reinvidicatoria to recover
his deprived share.

Note: It must be brought within 10 years from the time the right of
action accrues. [Art. 1144(c)]
Also applicable in judicial proceedings.
After the lapse of two years an ordinary action may be instituted against
the distributees within the statute of limitations but not against the
bond.