FEBRUARY 12, 2022

Introduction and getting to know.

FEBRUARY 19, 2022

RULES 72 – 77

Annulment of Extra judicial Settlement can be done if there is fraud, but it should be filed within (4)
years from discovery of such fraud. Actions based on fraud are merely voidable thus the prescriptive
period is (4) years. In the case of Cruz v Cruz, the SC ruled that an extrajudicial settlement which
excludes heirs/creditors is not merely voidable EJS but it is a void EJS. It is imprescriptible.

Note: The 2-year period had been superseded by several jurisprudence.

FEBRUARY 26, 2022

IN TESTATE PROCEEDINGS, WHAT IS USUALLY PRAYED FOR?

Letters Testamentary
An authority issued to an executor named in the will to administer the estate.

HOW ABOUT IN INTESTATE PROCEEDINGS?

Letters of Administration
An authority issued by the court to a competent person to administer the estate of the deceased who
died intestate.

WHAT IS THE CONCEPT OF LETTERS OF ADMINISTRATION WITH WILL ANNEXED?

Letters of Administration with a Will Annexed
An authority issued by the court to a competent person to administer the estate of the deceased if the
executor named in the will refused to accept the office or if the person's name is incompetent.

IS THERE AN ORDER OF PREFERENCE?

Order of preference in granting letters of administration
1. The surviving husband or wife or the next of kin.
*Next of Kin = those persons who are entitled by law to receive the decedent’s property.
2. Anyone or more of the principal creditors, if competent and willing to serve;
3. To such other person as the court may select (stranger).

GR: The court cannot set aside the order of preference under Sec. 6 Rule 78.

EX: In case the persons who have the preferential right to be appointed under the rule
are not competent or are unwilling to serve, administration or they neglect to apply for
letters of administration for 30 days after the decedent’s death, the letters may be
granted to such other person as the court may appoint.
NOTE: The order of appointment of regular administrator is final and appealable.

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DOES THE ORDER OF PREFERENCE APPLY BOTH TO AN EXECUTOR AND AN ADMINISTRATOR?
A: NO. It only applies to the issuance of Letters of Administration and not to the issuance of Letters
Testamentary to an executor, following the principle that the primordial consideration is the will of the
decedent.
*As stated under Section 6 Rule 78, “IF NO EXECUTOR IS NAMED IN THE WILL….”
Meaning the Order of Preference does not apply to an executor.

EXTRAJUDICIAL SETTLEMENT OF ESTATE

WHAT ARE THE REQUISITES OF A VALID EJS OF AN ESTATE?

1. No will
2. No debts
3. The heirs are all of age, if not, they are represented by their judicial or legal representatives

SO, WHAT IF A DECEDENT MEETS ALL THE ABOVE REQUIREMENTS, HOWEVER, THE HEIRS CANNOT
AGREE ON AN EJS? WHAT IS THE REMEDY?
A: File a settlement. Go to the court and file a letter of administration if there is a will.
Also, you can file an action for partition under Rule 69 but that is an alternative remedy. The simplest is
to file a settlement case.

*The advantage of filing a settlement case or an intestate proceeding is, it is an in rem

proceeding (binding in the whole world). While an action for partition is an action in
personam (binding only to parties who participated).

*Section 1, Rule 74 does not preclude the heirs from instituting administration
proceedings even if the estate has no debts or obligations, if they do not desire to resort,
for good reasons, to an ordinary action for partition

NOTE: We follow the general rule that the settlement court acquires jurisdiction to the exclusion of all
other courts. So, if a court in the US acquires jurisdiction over the probate of the will and does the
settlement of the estate of the deceased, they do so to the exclusion of all courts including Philippine
Courts.

BUT THERE IS THIS CONCEPT OF LETTER ANCILLARY ADMINISTRATION UNDER RULE 77? WHAT DOES
THIS RULE PROVIDE?
A: It is a requirement that a will that was probated in a foreign country be re-probated in the Philippines.
If the decedent owns properties in different countries, separate proceedings must be had to cover the
same.

Ancillary Administrator
A person appointed by the court in a state where the descendant was not domiciled to manage the
assets and liabilities and to oversee the distribution of the decedent’s estate in that state. Such an
administrator usually works as an adjunct to the executor or administrator appointed in the state where
the decedent was domiciled

WHAT PRINCIPLE DO WE FOLLOW IN THE SETTLEMENT OF ESTATE?

A: Nationality Principle

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WHAT IS A LETTER OF SPECIAL ADMINISTRATION? WHEN MAY A SPECIAL ADMINISTRATOR BE
APPOINTED?
A: If there is a delay in the appointment of an executor were regular administrator.
*Usual cause of delay = Appeal in the probate of the will.
IS THE APPOINTMENT OF AN EXECUTOR OR ADMINISTRATOR APPEALABLE?
A: An appointment of a regular administrator is appealable because it is a final order
An appointment of a special administrator is not appealable as expressly provided for in Sec. 1, Rule 109.
The only remedy against the appointment of a special administrator is Certiorari under Rule 65.
Certiorari, however, requires nothing less than grave abuse of discretion.

Note: A special administrator is appointed only for a limited time and for a specific purpose. Naturally,
because of the temporary and special character of his appointment, it was deemed by the law not
advisable for any party to appeal from said temporary appointment

REGULAR ADMINISTRATOR SPECIAL ADMINISTRATOR

Order of Appointment is final and is appealable.
One of the obligations is to pay the debts of the
estate.
Appointed when decedent died intestate or did
not appoint an executor in the will or will was
disallowed.
Order of Appointment is interlocutory and is not
appealable.
Cannot pay debts of the estate. (Unless ordered
by the court, (Rule 80, Sec 2)
Appointed when there is delay in granting letters
testamentary or administration or when the
executor is a claimant of the estate.

FINAL ORDER – An order that finally disposes of the case.

INTERLOCUTORY ORDER – Temporary order issued while the case is still ongoing

WHAT ARE THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR?

A: Rule 84 in relation to Rule 81 Sec 1
1. Inventory of the property within 3 months
2. To administer the property
3. To render a true and just account
4. To pay debts
5. To perform all other orders of the court

STATUTE OF NON-CLAIMS

If a regular administrator has not been appointed, the period for claims does not run.

WHAT IS THE PERIOD?

A: Rule 86

GR: Not less than 6 months nor more than 12 months from the date of the first
publication of the notice, otherwise they are barred forever.

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 *Even if the testator acknowledged the debt in his will and instructed the executor to
pay the debt, the statute of non-claims must still be complied with; otherwise the claim
may also be barred.

EX: Belated Claims = claims not filed within the original period fixed by the court.

CAN THE CREDITOR FILE A SEPARATE ACTION FROM THE ESTATE OF THE DECEASED TO ENFORCE A
CLAIM?
A: Will depend. If the debtor is still alive, you can file a case against the debtor. If the debtor is dead, you
cannot file a separate claim. You can file your claim only in the testate or intestate court.

WHAT IS THE PERIOD TO ENFORCE A WRITTEN CONTRACT?

A: 10 years

IN RULE 86, THERE IS A CONFLICT BECAUSE THE PERIOD IS SHORTER (not a 10-year period) WHAT
PERIOD WILL APPLY?
A: Prescriptive period under Rule 86 will apply.
*The statute of non-claims supersedes the statute of limitations insofar as the debts of
deceased persons are concerned because if a creditor fails to file his claim within the
time fixed by the court in the notice, then the claim is barred forever. However, both
statute of non-claims and statute of limitations must concur for a creditor to collect;
thus, a creditor cannot claim, even if within the statute of non-claims, if his claim has
already been prescribed under the statute of limitations.

* G.R. No. L-12302, April 13, 1959, RIO Y COMPANIA vs. ELVIRA MASLOG, ETC., ET AL.
Ruling: even where a claim arises upon a written contract and, therefore its period of
limitation is ten years, if the debtor dies, such claim should be presented in the estate or
intestate proceeding of the deceased debtor within the time fixed by the court,
otherwise, it is barred

WHAT IS THE EFFECT IF THE CLAIM WAS NOT FILED WITHIN THE PERIOD OF STATUTE OF NON-CLAIMS?
A: Barred by prescription

CLAIMS WHICH MUST BE FILED UNDER NOTICE. IF NOT FILED, BARRED; EXCEPTIONS.
*Claims referred to under this section refer to claims for the recovery of money and which are not
secured by a lien against the property of the estate

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MARCH 5, 2022

WHAT AGAIN IS STATUTE OF NON-CLAIMS AND WHEN IS IT APPLICABLE?

A: The period fixed by the rule for the filing of the claims against the estate for the speedy settlement of
the affairs of the deceased and the early delivery of the property to the distributees, legatees, or heirs.

WHAT IS THE PERIOD OF STATUTE OF NON-CLAIMS?

A: Not more than 12 months nor less than 6 months after the date of the first publication.

WHAT CLAIMS ARE COVERED BY STATUTE OF NON-CLAIMS?

1. Money claims, debts incurred by deceased during his lifetime arising from contract:
a. Express or implied;
b. Due or not due;
c. Absolute or contingent.
2. Claims for funeral expenses;
3. For the last illness of the decedent;
4. Judgment for money against decedent.

Note: The enumeration is exclusive.

IF THERE IS A FINAL JUDGMENT FILED PRIOR TO THE DEATH OR RENDERED PRIOR TO THE DEATH OF THE
DECEDENT AND THEN THE DECEDENT EVENTUALLY DIES, WHERE DO YOU FILE THE CLAIM, WITH THE
SETTLEMENT COURT OR WITH THE COURT WHO ORIGINALLY HAS JURISDICTION OVER THE MONEY
CLAIM?
A: It will depend if there is already a final judgment and you filed the Writ of Execution before the
decedent died the action can continue in the original court. But, if the decedent died before you file the
Writ of Execution the action should be filed before the settlement court.

So, if the debtor already filed for a Writ of Execution before he died then you can proceed in the original
action. But if he dies without first having filed a Motion for a Writ of Execution, you must now proceed to
file the claim with the settlement court. It is the filing of the Motion for a Writ of Execution that is the
reckoning point.

WHAT IF THE MOTION FOR A WRIT OF EXECUTION IS FILED BEFORE THE ORIGINAL COURT AFTER THE
DECEDENT HAS DIED, WHAT IS NOW THE STATUS OF THAT WRIT OF EXECUTION IF IT WAS ISSUED?
(Kapag namatay ka na di ka na pwede magpa-execute sa original action, paano kung nagpa execute ka
pa din sa original action tapos granted)

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A: It is a void Writ of Execution.

SO, IF THE CLAIM IS NOT FOR MONEY IF IT IS FOR INSTANCE FOR THE RECOVERY OF REAL AND
PERSONAL PROPERTY. IS IT COVERED UNDER STATUTE OF NON-CLAIMS?
A: No. Statute of non-claims is exclusive for money claims only.

SO, WHAT IS THE APPLICABLE PRESCRIPTIVE PERIOD IN THAT INSTANCE?

A: *adverse possession
PERSONAL PROPERTY REAL PROPERTY
Ordinary Extraordinary Ordinary Extraordinary
4 8 10 30
HOW ABOUT FOR SECURED CREDITORS?
A: Rule 86, Section 7

The alternative remedies to a creditor holding a claim secured by a mortgage or other collateral security
are the following:
1. Abandon or waive the security and prosecute his claim against the estate and share in the general
distribution of the assets of the estate;
2. Foreclose his mortgage or realize upon his security by action in court making the executor or
administrator a party defendant and if there is judgment for deficiency, he may file a claim
(contingent) against the estate within the statute of non-claims;
3. Rely solely on his mortgage and foreclose (judicially or extrajudicially) the same at any time within
the period of the statute of limitations but he cannot be admitted as creditor and shall not receive in
the distribution of the other assets of the estate.

Note: The mortgage creditor can avail of only one of the three remedies and if he fails to recover under
that remedy he cannot avail of any of the other two remedies.

1. Waive the security and proceed against the estate as an ordinary creditor
2. To foreclose his mortgage and make the executor a party defendant in a separate civil action for
foreclosure
3. To rely solely on the mortgage and foreclose the same.

These three are not the same.

First, you waived the deficiencies altogether.
Second, you foreclose the mortgage and then you recover the deficiency by filing a claim in the estate
proceedings if there are any deficiencies.
Third, you forget all the deficiencies and you rely solely on the mortgage.

HOW IS A MORTGAGE USUALLY FORECLOSED? OR THE USUAL FORM OF A MORTGAGE CONTRACT?

A:

IN MORTGAGE, WAS THE PROVISION GIVEN JUDICIAL OR EXTRA-JUDICIAL?

A: Normally extra-judicial.

HOW DO YOU APPOINT OR AUTHORIZED THE MORTGAGEE?

A: It is the bank that will appoint or become the mortgagee.

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WHAT IS THAT YOU NEED TO EXECUTE?
A: You will execute a Special Power of Attorney to authorized the bank to foreclose the property if you
were unable to pay the mortgage debt. There is no need for a special authority from the court for the
administrator or executor to bring an action for foreclosure on behalf of the estate

NOW, WE ARE TALKING ABOUT A DEAD PERSON WHO INCURRED A MORTGAGE DEBT. WHAT NOW
BECOMES OF THE SPECIAL POWER OF ATTORNEY THAT YOU EXECUTED IN FAVOR OF THE BANK, WILL
THAT STILL BE A VALID SPA?
A: Yes.

IN AN AGENCY, IT IS A PERSONAL CONTRACT AND GENERALLY EXTINGUISHED BY THE DEATH OF EITHER

OF THE PRINCIPAL OR THE AGENT, IN THIS CASE, THE PRINCIPAL IS DEAD, IS THE SPA STILL VALID OR
WILL IT BE EXTINGUISHED BY THE DEATH OF THE PRINCIPAL?
A: Still valid. The reason is that it is one coupled with an interest, the agency having been created for the
mutual interest of the agent and the principal.

WHAT IS AN AGENCY COUPLED WITH AN INTEREST?

A: In general the principal can revoke the agency at will, except if the agency is coupled with an interest.
The agent has an interest in preserving the agency agreement even if the principal died or wants to
revoke the agency because agent is interested in something like there is valuable consideration outside
of the agency. Example: Foreclosure of mortgage.

THAT IS WHY UNDER RULE 86:

Secured creditors, especially mortgagees are given remedies kasi presumption is patay na yun principal,
pero may remedies pa din under the law because the agency contract survives the death of the
principal.

Claims Extinguished by Death Actions which Survive

Claim is not extinguished by death but shall be
Personal to either of the parties and is
prosecuted as a money claim against the estate
extinguished by death
of the deceased
Examples: legal separation, annulment of
Example: contractual money claim
marriage, declaration of nullity of marriage

HOW DOES A CREDITOR FILE A CLAIM?

A: Rule 86, Section 9
1. Deliver the claim with the necessary vouchers to the clerk of court;
2. Serve a copy thereof on the executor or administrator;
3. If the claim is due, it must be supported by an affidavit stating the amount due and the fact that
there have been no offsets;
4. If the claim is not due or contingent, it must be accompanied by an affidavit stating the
particulars thereof.

ARE YOU REQUIRED TO FILE A CLAIM?

A: No. You just need to file an Affidavit stating your claims supported by evidence.

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DOES YOUR AFFIDAVIT NEED TO COME WITH A VERIFICATION AND CERTIFICATION AGAINST NON-
FORUM SHOPPING?
A: No. VCNS is required only in initiatory pleading.

ONCE THE CREDITOR FILES HIS CLAIM, HOW IS IT DISPOSED OF?

A: Rule 86, Section 11
The court will now decide whether to approve or deny the claim. The executor or administrator may
oppose any claims filed. If in case the executor or administrator admitted the claims, the heir, legatee, or
devisee may oppose the claim admitted by the executor or administrator.

ABOGADO KA NI CREDITOR, NAKITA MO SA NEWSPAPER NA NAMATAY YUN MAY UTANG SA CLIENT MO.
 You file an Affidavit of Claim. (Know the prescriptive period)
 After filing, wait for the Opposition to be filed by the administrator or executor.
 If no Opposition, the court will have to rule on that.
 The court will rule on each claim, and each claim is a final order under Rule 109, thus can be
appealed.

*That is why Special Proceedings are special, it does not follow ordinary civil actions. In this case, each
claim filed by 3 different creditors is considered final order.

Final Order = Appeal

Interlocutory Order = Certiorari under Rule 65 but you have to prove grave abuse of discretion

 If the Court approved the order, the administrator or executor has to pay the claim of the creditor.

PAANO KUNG DI NA NAGBAYAD? OR HINDI NAGBAYAD AGAD? CAN YOU FILE A WRIT OF EXECUTION?
A: Under the Rules, no remedy is provided. The creditor just has to wait for the administrator or
executor to pay you. But you can have them be cited in contempt if he unduly delays the payment of
your claims.

HOW?
A: File a motion to compel the payment based on the final order issued by the court. If for instance, wala
pa rin. You now file the motion to cite the administrator or executor in contempt for gross disregard of
the orders of the court.

Rule 87, Section 3.

SECTION 3. HEIR MAY NOT SUE UNTIL SHARE ASSIGNED
Before distribution is made or before any residue is known, the heirs and devisees have no cause of
action against the executor or administrator for recovery of the property left by the decedent.

General Rule: The heirs have no legal standing to sue for the recovery of property of the estate during
the pendency of administrative proceedings.

Exceptions:
1. If the executor or administrator is unwilling or refuses to bring suit;

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2. When the administrator is alleged to have participated in the act complained of and he is made a
party
defendant;
3. When there is no appointed administrator (see Rioferio, et al. v. Court of Appeals, G.R. No. 129008,
January 13, 2004).

WHAT IF THE ADMINISTRATOR OR EXECUTOR BELIEVES NA DI TALAGA DAPAT BAYARAN,

EXAMPLE: PRESCRIBED NA PERO PINAYAGAN NI JUDGE? ANO REMEDY:
A: The administrator or executor can appeal that decision.

WHETHER OR NOT THE CONCURRENCE AND PREFERENCE OF CREDITS ARE APPLICABLE IN ESTATE
PROCEEDINGS
A: Rule 88, Section 7. If the estate is insolvent, as in liabilities are more than the assets, Sec.7 in relation
to Art. 1059 and 2239 to 2251 of the Civil Code (Concurrence and Preference of Credits) must apply.

Under jurisprudence, concurrence and preference of credits are applicable if in the context of a general
liquidation proceeding that is in rem. So, you have to collate all your creditors in one proceeding for
Concurrence and Preference of Credits to be determined.

If you look at the wordings of the law, uunahin yun personal property. If personal property is enough to
cover the debts, di na magbebenta ng real property.

In personal property, there can only be sale, NO MORTGAGE OR ENCUMBRANCE unlike in real property.

DETERMINATION OF HEIRS BY THE COURT

DOES THE SETTLEMENT COURT HAS JURISDICTION TO DETERMINE THE PROPER HEIRS OF THE
DECEDENT?
A: Yes. The probate court has the power to entertain the question of whether or not a person is an
acknowledged natural child of the decedent. Thus, an action for compulsory recognition of a natural
child may be instituted and decided in the proceeding for the settlement of the estate of the ancestor.
But an adoption decree cannot be assailed in the settlement of the estate of the ancestor.

SO, THEY CANNOT RESOLVE CONTENTIOUS ISSUES INVOLVING DISPUTES OF WRONG OWNERSHIP OR
POSSESSION OF REAL PROPERTY. IS THERE AN EXCEPTION TO THAT?
A: Yes, (based on the opinion of Dean Jara) if the parties agree to have the issue of ownership or
possession to be decided by the settlement court, the court may acquire jurisdiction over that matter or
issue under the principle of estoppel. Since the parties agreed they cannot thereafter seek to annul or to
dispute the decision of the settlement court because they are estopped.

General Rule: An order of distribution shall be made after payment of all debts, funeral expenses,
expenses for administration, allowance of the widow, and inheritance tax is made.

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Exception: If the distributees or any of them gives a bond conditioned for the payment of said
obligation, the order of distribution may be made even before payments of all debts, etc.
In these proceedings, the court shall:
1. Collate;
2. Determine heirs; and
3. Determine the share of each heir.

A separate action for the declaration of heirs is not necessary.

AFTER THE DETERMINATION OF THE HEIRS, THERE WILL NOW BE A PARTITION OF THE ESTATE. HOW?
If there is no agreement, the whole assets will be sold then the cash value will be divided. But if the heirs
agreed in the manner of partition, for example, Land A is to Heir A and so on.

So, if there is a project of partition and the same was approved by the court, there will be an order of
distribution. Then after that order, there will be an order of closure of the settlement proceedings.

WHAT NOW IS THE REMEDY OF OTHER HEIRS OR CREDITORS WHO ARE EXCLUDED IN THE
PROCEEDINGS?
A: If Heirs: there must be personal service of notice to them, not just the publication. They can (i) file a
motion with the probate court for delivery to him of his share, or, (ii) if the estate proceedings have
been closed, file a motion for reopening of the proceeding, within the prescriptive period.
If creditors: Even if you did not participate, the publication is a constructive notice to you since the
proceeding is in rem, thus, you can just file a motion to give you your share no motion to re-open.

WHAT IS THE PERIOD FOR FILING A MOTION TO RE-OPEN AN ALREADY CLOSED SETTLEMENT
PROCEEDING?

A: If the estate proceedings have been closed, file a motion for reopening of the proceeding, within the
prescriptive period.

“The motion to reopen was not too late. The court's order declaring the intestate proceeding closed did
not become final immediately upon its issuance. It was no different from judgments or orders in ordinary
actions. Thus, Section 2 of Rule 72 provides that "in the absence of special provisions, the rules provided
for in ordinary actions shall be, as far as practicable, applicable in Special Proceedings." And judgments
or orders in ordinary actions become final after thirty (30) days from notice to the party concerned. In
this case appellants' motion to reopen was led only seventeen (17) days from the date of the order of
closure. The remedy was therefore invoked on time.”

MARCH 12, 2022

NO CLASS!

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MARCH 19, 2022

ESCHEAT

WHAT DO YOU UNDERSTAND BY ESCHEAT?

The proceeding whereby the real and personal property of a deceased person in the Philippines, who
dies without leaving any will (or if the will was not allowed, hence, intestacy) and without any legal
heirs, becomes the property of the State upon his death.

IS ESCHEAT IN REM OR IN PERSONAM?

In rem.

* Petition for habeas corpus, which is an inquisition by the government, at the suggestion and
instance of an individual, most probably, but still in the name and capacity of the sovereign is
like a proceeding in rem. It is also instituted for the purpose of fixing the status of a person and
that there can be no judgment entered against anybody since there is no real plaintiff and
defendant

IS IT ONLY THE ABSENCE OF HEIRS THE REQUISITE OF AN ESCHEAT?

No. The requisites are:
1. That a person died intestate;
2. That he left no heirs or persons by law entitled to the same; and
3. The deceased left properties (real and/or personal)

WHAT IF HE ONLY HAS PERSONAL PROPERTY?

Still subject to Escheat because of Unclaimed Balances Act (dormant accounts for 10 years shall be
escheated).

Note: But if you notice Sec 1 of Rule 91 it appears that in order for an escheat proceeding to prosper, the
person who dies must be seized of real property in the Philippines.

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 Section 1. When an by whom petition filed. — When a person dies intestate, seized of real
property in the Philippines, leaving no heir or person by law entitled to the same xxx

But if you look at the succeeding provisions, it also talk about personal property. But then again in
practice there is no registry of personal property. The government doesn't actually know if a person dies
leaving personal property except in the case where there are deposits that left in the bank account so
that's covered by the Unclaimed Balances Act.

WHO MAY FILE A PETITION FOR ESCHEAT?

The action shall be instituted by the Solicitor General or his authorized representative, in behalf of the
Republic of the Philippines.

WHAT IF THERE WAS A WILL LEFT BUT THEN THE WILL WAS NOT PROBATED, FOR INSTANCE, BECAUSE IT
DID FOLLOW THE FORMALITIES OF LAW, CAN THAT PROBATE PROCEEDINGS BE CONVERTED INTO AN
ESCHEAT PROCEEDING?
No. Precisely because it is only the Solicitor General or his authorized representative who can file an
escheat proceeding. So, what will happen then will be that the probate proceeding will be terminated
(di natapos ni Sir sasabihin nya kasi may call)
*Proceedings in escheat cannot be converted into settlement of the estate. For the distribution
of the estate of the decedent to be instituted, the proper petitions must be presented and the
proceedings should comply with the requirements of the Rule. An escheat court does not have
the power to order or proceed with the distribution of the estate of a decedent in escheat
proceedings and adjudicate the properties to the oppositors (Municipality of Magalloon, Negros
Occ. v. Ignatius Henry Bezore, G.R. No. L- 14157, October 26, 1960).

WHAT IS REVERSION?
A proceeding wherein a property was sold to a foreign national who is not allowed to own land in the
country since it is a violation of the Constitutional provision.

*A reversion proceeding is the manner through which the State seeks to revert land to the mass
of public domain and is the proper remedy when public land is fraudulently awarded and
disposed of in favor of private individuals or corporations. Reversion is not automatic as the
government, through the OSG, must file an appropriate action. Since the land originated from a
grant by the government, its cancellation is thus a matter between the grantor and the
grantee. In other words, it is only the State which may institute reversion proceedings.

WHAT IF IT TURNS OUT THAT THERE IS ACTUALLY AN HEIR OR A CREDITOR OF THE ESTATE? DOES THE
HEIR OR CREDITOR HAS A REMEDY IF THE ESTATE PROCEEDING COMMENCED OR ATTAIN FINALITY?
Yes. The heir or creditor may file a claim on the escheated property within 5 years from the date of
judgment.

HABEAS CORPUS

WHAT IS HABEAS CORPUS?

A writ directed to the person detaining another and commanding him to produce the body of the
prisoner at a certain time and place, with the day and the cause of his caption and detention, to do,
submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf

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DOES IT ONLY COVER A PERSON DEPRIVED OF LIBERTY?
No. Habeas Corpus is a remedy for all cases of illegal confinement or detention:
1. By which any person is deprived of his liberty; or
2. By which rightful custody of any person is withheld from the person entitled thereto.

Note: Actual physical restraint is not required; any restraint which will prejudice freedom of action is
sufficient

Habeas Corpus can be availed also if:

1. There has been a deprivation of a constitutional right resulting in the restraint of a person;
2. The court had no jurisdiction to impose the sentence;
3. An excessive penalty has been imposed, as such sentence is void as to such excess;
4. Where the law is amended, as when the penalty is lowered. Obtain freedom after serving
minimum sentence when the penalty under an old law has been reduced by an amendatory law;
5. Denial of right to a speedy trial (since it is jurisdictional);
6. Where the results of post-conviction DNA testing are favorable to the convict;
7. Enable the parents to regain custody of a minor child, even if the latter be in the custody of a
third person of her own free will;
8. In determining the constitutionality of a statute;
9. When testing the legality of an alien‘s confinement and proposed expulsion from the
Philippines;
10. In permitting an alien to land in the Philippines; and
11. In determining the legality of an extradition.

WHO HAS JURISDICTION OVER PETITION OF HABEAS CORPUS?

 The RTC, CA, and SC have concurrent jurisdiction to issue writs of habeas corpus.
 The MTC, by virtue of special jurisdiction under B.P. Blg. 129, can issue the writ in case there is
no available RTC judge.
 The Sandiganbayan may issue writs of habeas corpus only if it is in aid of its appellate
jurisdiction.
 Family Courts have exclusive jurisdiction to issue writs of habeas corpus involving custody of
minors.

*Hierarchy of courts is not observed

WHO MAY FILE THE PETITION FOR HABEAS CORPUS?

1. Party for whose relief it is intended;
2. Some person on his behalf.

The SC has construed this provision in a limited sense.

You must still follow the provisions of the Rules of Court specifically Rule 3 Section 2, Real Party
in Interest.
You must have personality or standing to file a Petition for Habeas Corpus.

WHAT IS THE EFFECT OF THE PETITION FOR HABEAS CORPUS?

The ultimate purpose of the writ of habeas corpus is to relieve a person from unlawful restraint .

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The writ of habeas corpus was devised and exists as a speedy and effectual remedy to relieve persons
from unlawful restraint, and as the best and only sufficient defense of personal freedom. And any
further rights of the parties are left untouched by decision on the writ, whose principal purpose is to set
the individual at liberty.

DIFFERENCE BETWEEN A RESTRAINT MADE BY AN OFFICER AND A PERSON NOT AN OFFICER.

A. In case of imprisonment or restraint by an officer:
1. The writ shall be directed to him;
2. The officer shall produce the body of the person before the court.
3. State the cause of detention and prove his authority.

B. In case of imprisonment or restraint by a person not an officer:

1. The writ shall be directed to an officer;
2. The officer shall take and produce the body of the person before the court;
3. The officer shall summon the person detaining another to appear before the court to show
the cause of the imprisonment or restraint.

THE PERSON TO WHOM THE WRIT IS DIRECTED MUST FIRST FILE A RETURN. WHAT IS A RETURN? WHAT
IS CONTAINED IN A RETURN?

Return to Writ
The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or
not he has the party in his custody or under his power or restraint.
 If he has the party in his custody or power, or under restraint, the authority and the true and
whole cause thereof, set forth at large, with a copy of the writ, order, execution, or other
process, if any, upon which the party is held;
 If the party is in his custody or power or is restrained by him, and is not produced, particularly
the nature and gravity of the sickness or infirmity of such party by reason of which he cannot,
without danger, be brought before the court or judge;
 If he has had the party in his custody or power, or under restraint, and has transferred such
custody or restraint to another, particularly to whom, at what time, for what cause, and by what
authority such transfer was made.

The return shall be signed by the person making it, and, except when such person is a public officer who
has taken the oath of office and makes the return in his official capacity, it shall be verified by his oath or
affirmation.

WHAT IF THE PERSON TO WHOM THE WRIT WAS DIRECTED DOES NOT HAVE THAT PERSON IN
CUSTODY?
Make a general denial that the person is not in your custody since general denial is not prohibited under
the rules.

IS THERE A DIFFERENCE IN THE TREATMENT OF THE RETURN THAT WAS MADE BY A PUBLIC OFFICIAL
AND A PRIVATE INDIVIDUAL?

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 If detention is by public authority, the return is considered prima facie evidence of the cause or
validity of the restraint and the petitioner has the burden of proof to show that the restraint is
illegal. As per Rule 131 on legal presumption that the duty of a public officer is regularly performed.

 If detention is by reason of private authority, the return is considered only a plea of the facts
asserted therein and the person responsible for the detention has the burden of proof to establish
that the detention is legal and justified. (Affidavit of Statements)

EVIDENCE REVIEW

Substantial evidence. — In cases filed before administrative or quasi-judicial bodies, a fact may be
deemed established if it is supported by substantial evidence, or that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion

Preponderance of evidence, how determined. — In civil cases, the party having burden of proof must
establish his case by a preponderance of evidence. In determining where the preponderance or superior
weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of
the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing
the facts to which there are testifying, the nature of the facts to which they testify, the probability or
improbability of their testimony, their interest or want of interest, and also their personal credibility so
far as the same may legitimately appear upon the trial. The court may also consider the number of
witnesses, though the preponderance is not necessarily with the greater number.

Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an acquittal, unless his
guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree
of proof, excluding possibility of error, produces absolute certainly. Moral certainly only is required, or
that degree of proof which produces conviction in an unprejudiced mind.

HOW TO OVERCOME A DISPUTABLE PRESUMPTION?

Clear and convincing evidence – Required in overcoming a disputable presumption. Higher than
substantial but lower than preponderance.

WHAT IF THE PERSON IS ALREADY CONVICTED, ARE THERE AN INSTANCES WHERE A PERSON CAN BE
RELEASED?
Hindi ko marinig si Sir. HAHA.

*Once a person detained is duly charged in court, he may no longer question his detention
through a petition for issuance of a writ of habeas corpus. Would be to quash the information
and/or the warrant of arrest duly issued.

CAN YOU APPEAL A DECISION ON A WRIT OF HABEAS CORPUS?

Yes. Within 48 hours from notice of the judgment or final order appealed from. Form of appeal is by
notice of appeal.

CAN YOU AVAIL ANNULMENT OF JUDGMENT IN CRIMINAL CASES? (Rule 47, Sec 1).

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Example: Convicted ka ng acts of lasciviousness and you have proofs na the judge was bribed. But the
period of filing an appeal has already lapsed. And the period for filing a new trial or motion for
reconsideration and petition for relief lapsed also. Can you file a petition for annulment of judgment?
No. File ka ng Petition for Writ of Habeas Corpus because an action for annulment of judgment is not
available in criminal proceedings. In the instant case, the Habeas Corpus will be a collateral attack on the
judgment rendered.

HOW ABOUT IN TERMS OF PROVISIONAL REMEDIES, ARE THERE PROVISIONAL REMEDIES TO A PERSON
DETAINED? Can you file a Writ of Mandatory Preliminary Injunction while the Petition for Habeas Corpus
is pending? How about payment of damages, can the court in handling the Habeas Corpus proceedings
award damages?
Special proceedings court in general is one of limited jurisdiction. And in other special proceedings the
court has very limited jurisdiction the remedies provided under the rules does not apply in special
proceedings. There are no provisional remedies available in special proceedings because it is not
provided under the rules. Likewise, the court cannot award damages even if it finds that there is an
unlawful deprivation of liberty because it has limited jurisdiction.

FOR INSTANCE, YOU WANT TO CLAIM DAMAGES TO THE PUBLIC OFFICER, WHAT WILL YOU DO?
You file an ordinary action for damages under the civil code (unlawful deprivation of liberty by public
officials)

Wala na ako recodings after break 

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