College of Law

TEACHING SYLLABUS ACA-F 08-01E.2

Syllabus in
SPECIAL RULES AND PROCEEDINGS
SUBJECT

__________________ Semester, A.Y.

Schedule:
_____________ – Opening of Classes
__________________ Preliminary Examination
__________________ Midterm Examination
__________________ Final Examination (Graduating)
__________________ Final Examination (Non-Graduating)

Course Title: Special Rules And Proceedings

Course Code: JD 340

VISION: Northwestern University envisions itself to be a premier institution of learning in Asia committed to excellence and ethical formation of global
relevance.

MISSION: Northwestern University is dedicated to develop individuals to become highly competent, socially responsible and ethically upright leaders.

INSTITUTIONAL OBJECTIVES:

Concomitant to its role as a university in which higher learning, research, and community extension are developed and nurtured, Northwestern
University adopts the following objectives where excellence as a way of life is its rallying point.

1. To provide a strong educational foundation by offering and maintaining comprehensive basic/general education programs and strengthening pillars of knowledge
in the academy in order to produce functional graduates who will be able to meet the needs of both local and global markets.
2. To mold and prepare students and employees for responsible leadership and effective citizenship, and to be socially responsible through the inculcation of the
ideals of democracy and positive values in all aspects of their life.
3. To provide a strong and comprehensive training and development programs for students’ professional growth and advancement and equip them with competitive
advantage in these changing times.
4. To align and harmonize the research and extension programs with the local, regional, national and global thrusts.
5. To explore and expand linkages with local and international agencies.

Name of the Program: Juris Doctor (JD)

Program Objectives:
The basic law program students through the revised model curriculum shall:
1. Intimately related to the issue of access to justice as a matter of public interest.
2. Train law students for democratic governance and in empowering them to participate actively in national life.
3. Prepare law students for leadership in, and service to, the society.
4. Imbuing the law students with a sense of history, responsibility and mission.
5. Enable the law student to acquire the necessary legal knowledge, skills and attitudes and be of tangible service to their local communities and the nation, at every level of
legal studies, whether or not they qualify for the practice of law.
6. Responsive to the current challenges such as gender sensitivity, health and environmental issues, as well as to the future needs of the Philippines and the world.
7. Holistically formed by providing them with the foundational mindset, knowledge, skills and attitudes to enable them to engage in lifelong learning.

General Outcomes:
The basic law program through the revised model curriculum shall produce graduates who are professionally competent, practice-ready, active, self-directed and
life long learners, responsible, highly ethical, honorable, socially mindful and gender sensitive; willing leaders and servants; and thinkers and innovators in law.
This goal is without prejudice to the academic freedom of LEIs to enhance their program design.

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President

 Course Description:
This is a remedial law course based on Rules 72 to 109 of the Rules of Court, related laws, rules and Supreme Court decisions. Subjects include the rules on
settlement and administration of estates of deceased persons, wills, letters testamentary and administration, encumbrances of property of decedents, escheat,
guardianship, trusts, hospitalization of insane persons, adoption, habeas corpus, writ of amparo, writ of habeas data, change of name, correction of entries in the
civil registry, judicial approval of voluntary recognition of minor children, and absentees.
Outline of the Course:
(Note: Refer to the table of contents of the course or subject and other references (Omit details)

Contents No. of Week/s

I.Settlement of Estate of Deceased Person, Venue and Process

A. Which Court has Jurisdiction

B. Venue in Judicial Settlement of Estate

C. Extent of Jurisdiction of Probate Court

D. Powers and Duties of Probate Court

II.Summary Settlement of Estate

A. Extrajudicial Settlement by Agreement Between Heirs, When Allowed

B. Two-Year Prescriptive Period

C. Affidavit of Self-Adjudication by Sole Heir

D. Summary Settlement of Estates of Small Value, When Allowed

E. Remedies of Aggrieved Parties After Extrajudicial Settlement of Estate

III.Production and Probate Will

A. Nature of Probate Proceeding

B. Who may Petition for Probate; Persons Entitled to Notice

IV.Allowance or Disallowance of Will

A. Contents of Petition for Allowance of Will

B. Grounds for Disallowing a Will

C. Reprobate; Requisites Before Will Proved Outside Allowed in the Philippines; Effects of Probate

V.Letters Testamentary and Administration

A. When and To Whom Letters of Administration Granted

B. Order of Preference

C. Opposition to Issuance of Letters Testamentary; Simultaneous Filing of Petition for Administration

D. Powers and Duties of Executors and Administration; Restriction on the Powers

E. Appointment of Special Administrator

F. Grounds for Removal of Administrator

PRELIM EXAMINATION Date

No. of Week/s

VI.Claims Against The Estate

A. Time Within Which Shall Be Filed; Exceptions

B. Statute of Non-Claims

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President

 C. Claim of Executor or Administrator Against The Estate

D. Payment of Debts

VII.Actions By And Against Executors and Administrators

A. Actions That May Be Brought Against Executors and Administrators

B. Requisites Before Creditor MAy Bring An Action for Recovery of Property Fraudulently Conveyed by

the Deceased

VIII.Distribution and Partition

A. Liquidation

B. Project of Partition

C. Remedy of an Heir Entitled to Residue But Not Given His Share

D. Instances When Probate Court May Issue Writ Of Execution

IX.Trustees

A. Distinguished from Executor/Administrator

B. Conditions of Bond

C. Requisites for the Removal and Resignation of Trustee

D. Grounds for Removal nd Resignation of Trustee

E. Extent of Authority of Trustee

X.Escheats

A. When to File

B. Requisites for Filling

C. Remedy of Respondent Against Petition; Period for Filing a Claim

XI.Guardianship

A. General Powers and Duties of Guardians

B. Conditions of the Bond of the Guardians

C. Rule on Guardianship over Minor

XII.Adoption

A. Distinguish Domestic Adoption fromInter-Country Adoption

B. Domestic Adopton Act

1. Effects of Adoption

2. Instances When Adoption May Be Rescinded

3. Effects Of Rescission of Adoption

C. Inter-Country Adoption

1. When Allowed

2. Functions of the RTC

3. ”Best Interest of the Minor” Standard

MIDTERM EXAMINATION Date

XIII.Writ of Habeas Corpus No. of Week/s

A. Content of the Petition

B. Content of the Return

C. Distinguish Peremptory Writ from Preliminary Citation

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President

 D. When Not Proper/Applicable

E. When Wit Disallowed/Discharged

XIV.Writ Of Amparo

A. Coverage

B. Distinguish from Habeas Corpus and Habeas Data

C. Difference Between Amparo And Search Warrant

D. Who may File

E. Content of Return

F. Effect of Failure to File Return

G. Omnibus Waiver Rule

H. Procedure of Hearing

I. Institution of Separate Action

J. Consolidation

K. Interim Relief Available to Petitioner and Respondent

L. Quantum of Proof application for Issuance of Writ of Amparo

XV.Writ of Habeas Data

A. Scope of Wri

B. Availability of Writ

C. Distinguish from Habeas Corpus and Amparo

D. Who may File

E. Content of Return

F. Content of Petition

G. Consolidation

H. Institution of Separate Action

I. Quantum of Proof

XVI.Change Name

A. Difference under Rule 103, R.A. 9048 and Rule 108

B. Grounds for Change Name

XVII.Absentees

A. Purpose of the Rule

B. Who may File

C. When to File

XVIII.Cancellation of Entries in the Civil Registry

A. Entries Subject to Cancellation or Correction unde Rule 108, in Relation to RA 9048

XIX.Appeals in Special PRoceedings

A. Judgment and Order for which Appeal may Be Taken

B. When to Appeal

C. Modes of Appeal

D. Rule on Advance Distribution

FINAL EXAMINATION Date_______

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President

 Final Examination

(Graduating)

Date_______

Examination (Non-

Graduating)

Methods of Teaching Used:

Recitation on assigned topics

Oral Report on Case Digests

Lectures

Group Discussions

Other methods may be used

Educational Tools:

Checking of Attendance

Giving and checking of assignments

Submission of Case Digests

Quizzes

Long tests

Graded Recitations

Periodical Examinations

Prepared by:
Reviewed and Recommended by:
Dean

Approved by:

_____________________________

Vice President for Academic Affairs

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President