SPECIAL PROCEEDING 8.

Habeas corpus
9. Change of name
 Is a remedy by which a party seeks to establish a right, status, or a
10. Voluntary dissolution of corporations
particular fact.
11. Judicial approval of voluntary recognition of minor natural
 SPP v. SCA
children3
SPP SCA 12. Constitution of family home4
As to nature It is a non-adversarial as it Is adversarial as it is a 13. Declaration of absence and death
is not brought by one suit by one party 14. Cancellation or correction of entries in the civil registry.
party against another but against ano0ther for  Petition for voluntary dissolution of corporations is not filed with the
it is a remedy by which a the protection or SEC and not to ordinary courts pursuant to the Corporation Code.
party seeks to establish a enforcement of a right  The list of SSP under S1, R72 of the ROC is not exclusive. As long as
status, right, or a ort the prevention or the remedy by which a party seeks to establish a status, right, or a
particular fact. redress of a wrong. particular fact is a special proceeding.
As to Is an in rem proceeding May or may not be an a. Land Registration proceeding
binding and hence, binding upon in rem proceeding.
b. Petition for issuance of Writ of Amparo, Habeas Data,
effect the whole world
liquidation proceeding
As to cause The concept of COA does With the exception of
c. Proceedings under special ADR rules.
of action not apply in a special some SCA, it must
proceeding. generally, have a COA.  A recognition of a foreign judgment only requires proof of fact of the
judgment, it may be made in a special proceeding for cancellation of
 Special Proceedings mentioned in the ROC 1. entries in the civil registry under R108. SC held that the recognition of
1. Settlement of estate the foreign divorce decree may be made in a R108 proceeding itself,
2. Escheat as the object of special proceedings is precisely to establish the status
3. Guardianship of a party or a particular fact.
4. Trustees  A petition for declaration of presumptive death and petition for
5. Adoption declaration of absence is a special proceeding.
6. Rescission and revocation of adoption2  SPPs are primarily governed by the special provisions applicable to
7. Hospitalization of insane persons them. In the absence of such, the rules provided for in ordinary

1 3
S11, R72 Concept of “natural children” has been abolished by the Family Code.
2 4
The procedure for rescission and revocation of adoption has been integrated in No longer need to constitute a Family home since is deemed constituted under
the Rule of Adoption on Aug. 22, 2002. Art. 153, Family Code.
 actions shall be, as far as practicable, applicable in special
proceedings.
RULE 73. VENUE AND PROCESS
SETTLEMENT OF ESTATE OF DECEASED PERSONS
 Jurisdiction:
a. RTC  where the GV of the estate exceeds 300,000(outside MM)
/400,000 (within MM).
b. MTC  where the GV of the estate does not exceed
300,000/400,000.
 The jurisdiction is determined form the allegations in the complaint
or petition.
 The failure to allege the gross value of the estate will result to the loss
of jurisdiction of a court.
 It is the total value of the absolute community property and not only
the value of the share of the decedent which should furnish the
jurisdictional test.
 Under S2, R73, when a marriage is dissolved by the death of the
husband or wife, the community property shall be inventoried,
administered, and liquidated, and the debts thereof paid, in the
testate or intestate proceedings of the deceased spouse.
 If both spouses have dies, the conjugal partnership shall be liquidated
in the testate or intestate proceedings of either.
 Initiatory pleadings in probate proceedings
a. If the person dies testate:
- Petition for allowance of will and for letters testamentary if
there is an executor appointed in the will; or
- Petition for allowance of will and for letters administration
with the will annexed, in the case there is a will but no
executor named in the will of or the executor in the will is
incompetent or refuses to serve as such.
b. If the person dies intestate:
- Petition for letters administration.
 “Executor” is a person named in the will to administer the decedent’s
estate and carry out the provisions thereof.
 “Administrator” is the person appointed by the court to administer
the estate where the decedent died intestate, or where the will was
void and not allowed for probate, or where no executor was named
in the will or the executor named therein is incompetent, refuses the
trust, or fails to give a bond.
 Venue for probate proceedings
a. If the decedent is a resident where the decedent
resided at the time of death.
b. If the decadence is a non-resident  any place where he
had estate.
 “Rule of Preferential Application”  it refers to the rule where the
court first taking cognizance of the settlement of estate of the
decedent shall exercise jurisdiction to the exclusion of all other
courts.
 “Resides” connotes actual residence or place of abode. Not domicile
or legal residence. The term “residence” means actual residence or
physical habitation without regard to animus revertendi.
 The venue of probate may only be questioned on appeal, but
certiorari under R65 may be resorted to if the impropriety of the
venue (due to residence or location of estate) appears on the record.
RULE 74. SUMMARY SETTLEMENT OF ESTATES
SUMMARY OF ESTATES OF SMALL VALUE
 It is a procedure provided for under R74 for the summary estate
whether testate or intestate who gross value does not exceed 10,000.
 The MTC has jurisdiction over a petition for summary settlement.
 Procedure in Summary settlement of estates of small value:
1. Filing of a petition with the MTC showing that the GV does
not exceed 10,000.
2. Publication of a notice of hearing once a week for 3
consecutive weeks in a newspaper of general circulation in
the province.
3. Hearing on the petition shall be held not less than 1 month
nor more than 3 months from the date of the date of last
publication of the notice and after such notice to interested
persons as the court may direct.
4. The court may proceed summarily without the appointment
of an executor or administrator to grant if proper the
allowance of the will, the determination of the heirs and the
person legally entitled to participate in the estate, and, after
the payment of debts, to divide and distribute the estate.
EXTRAJUDICIAL SETTLEMENT OF ESTATES
 The heirs may agree to settle the estate extrajudicially subject to the
requirements of R74.
 Requirements:
a. The decedent left no will and no debts;
b. The heirs are all of age or the minors are represented by their
judicial or legal representative duly authorized for the
purpose.
 Procedure in extrajudicial settlement:
1. The parties may divide the estate among themselves by
means of public instrument filed with the registry of deeds,
and should they disagree may do so in an ordinary action of
partition.
2. If there is only one heir, he may adjudicate to himself the
entire estate by means of an affidavit of self-adjudication filed
with the registry of deeds.
3. The parties to the extrajudicial settlement whether by public
instrument or buy stipulation in a pending action for
partition, or the sole heir who adjudicates the entire estate
for himself by means of an affidavit shall file a bond with the
registry of deeds in an amount equivalent to the value of
personal property involved.
4. The fact of the extrajudicial settlement or administration shall
be published in a newspaper of general circulation in the
province once a week for 3 consecutive weeks.
 If the estate includes real property, then the instrument should be
registered pursuant to S86, Property Registration Decree.
 If he estate only includes personal property, the instrument is not for
registration but for purposes of filing only.
 Upon publication, the extrajudicial settlement is not binding upon all
persons. The same shall not be binding upon those persons who has
not participated therein or had no notice thereof.
 The bond requirement is required only if there is personal property in
the decedent’s estate. It is not required if the decedent left only real
property since in such case it is the lien under S4, R74 which would
serve as protection to the heirs entitled to the estate.
 The bond is filed simultaneously and as a condition precedent to the
filing of the public instrument, or stipulation in the action for
partition, or of the affidavit in the register of deeds. The bond is
conditioned upon the payment of any just claim under S4, R74.
 If no creditor files a petition for letters administration within 2 years
from the death of the decedent, it shall be presumed that the
decedent left no debts.  this presumption is rebuttable.
 Rule when the distributes and the estate may be held liable after the
settlement and the distribution of the estate:
- The distributes and the estate may be held liable if:
a. Within 2 years after an extra judicial settlement or
summary settlement and distribution of an estate, it shall
appear that an heir or other person has been unduly
deprived of his lawful participation in the estate, such
heir or person may compel the settlement of the estate in
the courts for the purpose of satisfying such lawful
participation.
Remedy  cancellation of the partition and making new
division, unless the deprived heir or other person agrees
to be paid the value of his participation with interest.
b. Within 2 years after an extra judicial settlement or
summary settlement and distribution, it shall appear that
there are outstanding debts against the estate or that the
heir or other person has been unduly deprived of his
lawful participation payable in money, the court having
jurisdiction of the estate may after hearing settle the
amount of such debts or lawful participation and order
how much and in what manner each distribute shall
contribute in the payment thereof, and may issue
execution against the bond or the real estate belonging
to the deceased or both.
Remedy  the procedure is not to cancel the partition
but the court shall order and fix the amount of the lawful
participation in money.
 The bond and real estate shall remain charged with a liability to
creditors, heirs, or other persons, for a period of 2 years after such
distribution notwithstanding any transfers of real estate that may
have been made.
 If on the date of the expiration of 2 years the person authorized to file
a claim is a minor or mentally incapacitated, or in prison or outside of
the PH, he may present his claim within 1 year after such disability is
removed.
 The Register of deeds shall annotate on the proper title the 2 year
lien. Upon the expiration of the 2 yr period and presentation if a
verified petition by the registered heir, devisees, or legatees, or any
creditor, heir, or other person exists, the ROD shall cancel the 2 yr
lien noted on the lien without the need for court order.
 2 year period commences from the date of registration in cases
involving registered land. If it is unregistered, the 2-year period is to
be reckoned from the settlement and distribution of the estate.
RULE 75. PRODUCTION OF WILL; ALLOWANCE OF WILL NECESSARY
 Judicial proceeding for the settlement of deceased person:
1. Filing of the initiatory pleading
2. Notice of hearing
3. Probate Proper  Allowance or disallowance of will
4. Issuance of letters testamentary or of administration
5. Filing and approval of claims against estate
6. Payment of debts  taxes, debts, funeral charges, admin.
Expenses, and allowance to the widow and minor children or
incapacitated children.
7. Determination of heirs and distribution
 8. Closure  Proceedings deemed terminated only after
payment of all debts and delivery of the remaining estate to
the heirs.
 No will shall pass either real or personal estate unless it is proved and
allowed in court.
 SC held that probate of a will is mandatory.
 Extrajudicial settlement is not proper when the decedent left a will.
RULE 76. ALLOWANCE OR DISALLOWANCE OF WILL
 Persons who may petition for the allowance of a will:
a. Any executor, devisee, legatee named in the will, or any other
person interested in the estate, may, at any time after the death
of the testator, petition the court having jurisdiction to have the
will probated.
b. The testator himself may, during his lifetime, petition the court
for the allowance of the will. (Ante-mortem probate)
c. A creditor of the decedent (he is an interested person).
d. An heir except those heirs who assigned or renounced their
hereditary rights.
 A person may still petition the court for the allowance of the will even
if he does not have possession of the will or even if the same is lost or
destroyed.
 Contents of a petition for the allowance of will  A petition for the
allowance of a will must show, so far as known to the petitioner:
1. The jurisdictional facts5;
5 to the named executor if the place of his residence is known.
Jurisdictional facts required to be alleged in the petition for probate of a will:
1. That a person died leaving a will;
2. That, in case of a resident, he died within the territorial jurisdiction of the court, or in case
of a NR, that he left an estate within the territorial jurisdiction.
3. The gross value of the state.
2. The names, ages, and residence of the heirs, legatees, devisees of
the testator or decedent;
3. The probable value and character of the property of the estate;
4. The name of the person for whom letters are prayed; and
5. If the will has not been delivered to the court, the name of the
will’s custodian.
 Defect in the petition shall not render the allowance of the will or the
issuance of letters testamentary or administration with the will
annexed.
 The court shall fix a time and place for proving the will when all
concerned may appear to contest the allowance thereof, and shall
cause notice of such time and place to be published 3 weeks
consecutively, previous to the time appointed, in a newspaper of
general circulation in the province.
 No newspaper publication is required if the testator himself filed the
petition for probate.
 Service of notice of hearing:
1. Notice by mail
- The court shall cause copies of the notice of the time and
place fixed for proving the will to be addressed to the
designated or other know heirs, legatees, and devisees of the
testator resident in the PH at their places of residence, and
deposited in the post office with the postage thereon prepaid
at least 20 days before the hearing, if such places of residence
are known.
- The same copy of notice must be mailed in the same manner
2. Personal service
 - Personal service of the copies of the notice at least 10 days
before the hearing shall be equivalent to mailing.
 If the testator asks the allowance of his will himself, notice shall be
sent only to the compulsory heirs. No publication is needed.
 publication is sufficient to confer jurisdiction to the court and
personal notice is not necessary when the addresses of the heirs,
legatees, devisees, and the executor are not known or the address
given in the petition is wrong.
 Where such addresses are known, personal and individual notice to
them is mandatory and jurisdictional.
PROOF FOR THE ALLOWANCE OF A WILL
1. If the will is uncontested:
a. Notarial will:
- If no person appears to contest the allowance of will,
the court may grant allowance on the testimony of
one subscribing witness only, if such witness testify
that the will was executed as is required by law.
- If the subscribing witness does not reside in thew
province, the court may authorize the taking of his
deposition and that a photocopy be presented to the
deponent on examination.
- If the subscribing witness are dead, insane, or do not
reside in the PH, the court may admit the testimony
of other witness to prove the sanity of the testator
and the due execution of the will, it may admit proof
of the testator’s handwriting and of the subscribing
witnesses or any of them.
b. Holographic will:
- Testimony of one witness who knows the handwriting
and signature of the testator and who explicitly
declares that the will and the signature Are in the
testator’s handwriting. In the absence of such the
court may require the testimony of an expert witness.
- When the testator himself ask his own will for
probate, the fact that he affirms that the holographic
will and the signature are in his ow hand writing shall
be sufficient evidence of the genuineness and due
execution thereof.
2. If the will is contested:
a. Notarial will:
- All the subscribing witnesses and the notary public if
present in the PH and not insane must be produced
and examined and the death, absence or incapacity
of any of them must be satisfactorily shown to the
court.
- If all or some of the witnesses are present in thew PH
but outside of the province where the same is filed,
their deposition must be taken.
- If any or all of the them testify against the due
execution if the will, or do not remember having
attested thereto, or are otherwise of doubtful
credibility, the will may nevertheless be allowed if the
court is satisfied from the testimony of other
witnesses be allowed if the court is satisfied from the
testimony of other witnesses and from all the
evidence presented that the will was executed and
attested in the manner required by law.
b. Holographic will:
- The will shall be allowed if at least 3 witnesses who
know the handwriting of the testator explicitly
 declare that the will and the signature are in the
testator’s handwriting.
- In the absence of any competent witness, the court
may require an expert testimony.
- When the testator himself ask his own will for
probate, the fact that he affirms that the holographic
will and the signature are in his ow hand writing shall
be sufficient evidence of the genuineness and due
execution thereof.
- The burden of disproving the same shall be on the
contestant.

DISALLOWANCE OF WILL
 Grounds for disallowance of the will:
a. Of not attested to and executed as required by the law;
b. If the testator was insane or otherwise mentally incapable to
make a will at the time of its execution;
c. If it was executed under duress, or the influence of fear or
threats;
d. If it was procured by undue and improper pressure and influence,
on the part of the beneficiary or of some other person for his
benefit;
e. If the signature of the testator was procured by fraud; or
f. If the testator acted by mistake or did not intend that the
instrument, he signed should be his will at the time of affixing his
signature thereto.