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SPECIAL PROCEEDINGSAtty. NavaSources: Ateneo and San Beda Bar Operations Reviewers, Bautista (Special Proceedings); Albano (Remedial Law Review); Assigned cases in class; Lecture notes; Rules of Court provisionsRULE 72SPECIAL PROCEEDINGIs a remedy by which a party seeks to establish a status, a righ...

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SPECIAL PROCEEDINGS Atty. Nava Sources: Ateneo and San Beda Bar Operations Reviewers, Bautista (Special Proceedings); Albano (Remedial Law Review); Assigned cases in class; Lecture notes; Rules of Court provisions

RULE 72 SPECIAL PROCEEDING Is a remedy by which a party seeks to establish a status, a right or a particular fact. (Rule 1, Sec.3) Section 1 SUBJECT MATTER OF SPECIAL PROCEEDINGS 1 1. Settlement of estate of deceased persons 2. Escheat 3. Guardianship and custody of children 4. Trustees 5. Hospitalization of insane patient 6. Habeas corpus 7. Change of name 8. Declaration of absence and death 9. Cancellation of correction of entries in civil registry OTHER SPECIAL PROCEEDINGS 1. Liquidation proceedings 2. Corporate rehabilitation 3. Recognition and enforcement of arbitration proceedings 4. Vacation, setting aside, correction or modification of an arbitral award 5. Any application with a court for arbitration assistance and supervision 6. Writ of Amparo 7. Writ of Habeas Data Section 2 

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In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

No longer included as part of special proceedings: 1. Adoption; Rescission and revocation of adoption = Now, Inter-Country Adoption 2. Voluntary dissolution of corporations = Now, governed by Sec. 119 of Corp Code 3. Judicial approval of voluntary recognition of minor natural children = No more distinction between illegitimate children 4. Constitution of family home = Supersede d by Article 100, Family Code

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 3A 2011

ORDINARY ACTION To protect or enforce a right, or to prevent or redress a wrong Governed by ordinary rules supplemented by special rules Initiated by Complaint Based on a cause of action Definite Parties Answer is filed Heard by courts of general jurisdiction Adversarial Private interests Binds other parties Statute of Limitations applies 15-day appeal period Single appeal

SPECIAL PROCEEDINGS To establish a status, right, or a particular fact Governed by special rules supplemented by ordinary rules Initiated by Petition Not based on a cause of action (EXCEPT for habeas corpus) Definite petitioner, no definite adverse party Opposition is filed Heard by courts of limited jurisdiction Not adversarial Government has an interest Binds the whole world No statute of limitations 30-day appeal period Multiple appeals

DIFFERENT MODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON: 1. Extrajudicial Settlement of Estate (Rule 74, Sec. 1) i. Extrajudicial partition ii. Self-Adjudication 2. Summary Settlement of Estate of Small Value (Rule 74, Sec. 2) 3. Judicial Settlement of Estate i. Partition (Rule 69) ii. Probate of Will (Rule 75 to 79) 4. Petition for Letters of Administration in case of Intestacy (Rule 79) JURISPRUDENCE: Hagans vs. Wislizenus  Judge W appointed assessors for the purpose of fixing the amount due to an administrator for his services and the expenses for the care, management and settlement of the estate of the deceased person.  Judges of CFI are without authority to appoint assessors. Pacific Banking Corp. vs. Court of Appeals  P Bank was placed under receivership and liquidation. RTC ordered the liquidator to pay the claims of a union and preferred creditors.  A petition for liquidation is a special proceeding. Vda. De Manalo vs. Court of Appeals  Some children of M filed a petition for judicial settlement of the estate. It was opposed on the ground that there was absence of earnest efforts to compromise among members of the same family (condition precedent). Page 1

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The instant action is an SCA. In the determination of the nature of an action or proceeding, the averments and the character of the relief sought in the complaint/petition shall be controlling. The trial court, sitting as a probate court, has limited and special jurisdiction and cannot hear and dispose of collateral matters and issues which may be properly threshed out in an ordinary civil action. There is no need for it to aver the earnest efforts towards compromise have been exerted as in a suit between members of the same family.

Natcher vs. Court of Appeals  G sold to his second wife N a parcel of land which used to form a part of his first wife’s estate. After G’s death, his children filed an action for reconveyance and annulment of title against N.  The action for reconveyance and annulment of title is a civil action, whereas matters relating to settlement of the estate of a deceased person such as advancement of property made by the decedent, partake of the nature of a special proceeding. Matters which involve settlement and distribution of the estate of the decedent fall within the exclusive province of the probate court in the exercise of its limited jurisdiction. Hernaez vs. Intermediate Appellate Court  H Jr. filed a complaint for compulsory acknowledgement and support against H Sr. RTC declared Jr. a recognized natural child of Sr. Later on, H Sr.’s wife and children filed a petition for relief alleging that notice of the action was not given to them.  An action for compulsory recognition of minor natural children is an ordinary civil action. Said action shall be brought against the putative parent only. Republic vs. Court of Appeals  A filed a petition for the declaration of presumptive death of her absentee husband C. RTC granted the petition. Republic appealed but failed to file a record on appeal.  An action for declaration of presumptive death is a summary proceeding. There is no need for a record on appeal to be filed by the Republic. Portugal vs. Portugal-Beltran  J died intestate. A, J’s child in his first marriage, executed an “Affidavit of Adjudication as Sole Heir.” P, J’s child in his second marriage, filed a complaint for annulment.  Where the adverse parties are putative heirs to the estate of a decedent or parties to the special proceedings for its settlement is that if the special proceedings are pending, or if there are no special proceedings filed but there is, under the circumstances of the case, a need to file one, then the determination of heirship should be raised and settled in said special proceedings.  Where special proceedings had been instituted but had been finally terminated or if a putative heir has lost the right to have himself declared in the special proceedings as co-heir and he can no longer ask for its re-opening, then a ordinary civil action can be filed for his declaration as heir in order to bring about the annulment of the partition or distribution or adjudication of a property belonging to the estate of the deceased. Rebong vs. Ibanez  After he posted a bond pursuant to Act No. 496, R filed a petition to cancel the annotation on the certificate of title of a land which he inherited from his parents. GRACE XAVIERE E. ESCOSIA / ATENEO LAW 3A 2011

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Such lien cannot be discharged nor the annotation be cancelled by the register of deeds within the 2 year period even if the distributees offer to post a bond to answer for contingent claims from which lien is established.

Torres vs. Torres  A filed a petition that letter of administration be issued to him AFTER the heirs entered into an extrajudicial partition and settlement of the estate but failed to agree on the physical division of the properties.  If there is an actual necessity for court intervention due to the heirs‟ failure to reach an agreement as to how the estate would be divided physically, A still has the remedy of an ordinary action for partition. Ermac vs. Medelo  Spouses E died leaving only one parcel of land with an assessed value of P590. Granchild M filed a petition for summary settlement of the estate. Child E filed a separate civil action claiming ownership of the lot. While the case was pending, RTC granted approved the project of partition submitted by M.  Small estates call for summary proceedings. The probate court is not the forum to resolve adverse claims of ownership. Such claim must be ventilated in an independent action and the probate court should proceed to the distribution of the estate. Proper annotation of lis pendens can protect the claimant. Pereira vs. Court of Appeals  A died intestate. His sister N filed for the issuance of letters of administration in her favor. His wife P opposed the petition alleging that there exists no estate for purposes of administration. N was appointed administratix.  GR: When a person dies leaving property, the same should be judicially administered and the competent court should appoint a qualified administrator in case the deceased left no will, or in case he had left one, should he fail to name an executor therein.  EX: Where all the heirs are of lawful age and there are no debts due from the estate, they may agree in writing to partition the property without instituting the judicial administration or applying for the appointment of an administrator.  Section 1, Rule 74 does not preclude the heirs from instituting administration proceedings, even if the estate has no debt or obligations, id they do not desire to resort for good reasons to an ordinary action for partition. What constitutes “good reason” will depend on the circumstances of each case.

RULE 73 Section 1 JURISDICTION AND VENUE 1. Settlement of estate of deceased persons i. RTC – Gross value of the estate exceeds P300,000/P400,000 (Manila) ii. MTC – Gross value of the estate does not exceed P300,000/P400,000 (Manila)  If resident – place where deceased resided at time of death  If non-resident – place where deceased had estate Page 2

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NOTE: MTC jurisdiction is exclusive of interest, damages of whatever kind, attorney‟s fees, litigation expenses and costs.

Escheat i. Ordinary escheat proceedings: RTC  If resident – place where deceased last resided  If non-resident – place where he had estate ii. Reversion of land to State for violation of Constitution / Laws: RTC where land lies in whole or in part iii. Unclaimed deposits (for 10 years): RTC of province where bank is located  all banks located in 1 province where court is located may be made parties defendant in 1 action. Guardianship and custody of children: Family Court  If resident – place where minor/incompetent resides  If non-resident – place where minor/incompetent has property Trustees i. RTC – Gross value of the estate exceeds P300,000/P400,000 ii. MTC – Gross value of the estate does exceed P300,000/P400,000  If will allowed in the Philippines – court where will was allowed  If will allowed outside the Philippines – court in place where property is situated Adoption: Regional Trial Court  If domestic adoption – place where adopter resides  If inter-country adoption – court who has jurisdiction over the adoptee Rescission and revocation of adoption: Regional Trial Court Hospitalization of insane patient: RTC in place where person alleged to be insane is found Habeas corpus i. SC (original, concurrent with RTC) ii. CA (original, concurrent with RTC) iii. RTC (within its respective region) iv. MTC (in absence of RTC judges in province/city) Change of name i. Judicial (Rules of Court): RTC in place where petitioner resides ii. Administrative (RA 9048):  Civil registar where entry is located or if applicant migrated: civil registar in place where he resides  Consul General: if applicant resides abroad Voluntary dissolution of corporations: SEC Constitution of family home: under the Family Code, it is deemed constituted on a house and lot from the time it is occupied as a family residence Declaration of absence and death: RTC in place where absentee resided before his disappearance Cancellation of correction of entries in civil registry i. Judicial (Rules of Court): RTC in place where the civil registry is located ii. Administrative (RA 1948):  Civil registar where entry is located or if applicant migrated: civil registar in place where he resides  Consul General: if applicant resides abroad

RESIDENCE/VENUE Fule vs. CA : It means his personal, actual or physical habitation, his actual residence or place of abode. EXTENT OF JURISDICTION OF PROBATE COURTS: Probate courts are courts of limited jurisdiction. It may only determine and rule upon issues relating to the settlement of the estate, namely: 1. Administration of the estate 2. Liquidation of the estate 3. Distribution of the estate GR: Probate court cannot determine issue of ownership. EX: 1. Provisionally, ownership may be determined for the purpose of including property in the inventory, without prejudice to the final determination of title in a separate action. 2. Interested parties who are all heirs consents and 3rd parties not prejudiced 3. Question is one of collation or advancement PRINCIPLE OF EXCLUSIONARY RULE The court first taking cognizance of the settlement of the estate of the decedent shall exercise jurisdiction to the exclusion of all other courts. 

Uriarte vs. CFI : Institution in the court where the decedent is neither an inhabitant nor had his estate may be waived. Manzanero vs. CFI of Batangas : The venue of a probate proceeding can be questioned only on appeal, but certiorari is available if the impropriety of the venue appears on the record. REMEDY IF VENUE IS IMPROPERLY LAID 1. Ordinary appeal 2. Certiorari or Mandamus when want of jurisdiction appears on the record of the case 

Testate proceedings take precedence over intestate proceedings for the same estate.

Section 2 WHERE THE ESTATE SETTLED UPON DISSOLUTION OF MARRIAGE 1. Death of either husband or wife – Liquidated in the testate or intestate proceedings of the deceased husband of wife 2. Both died – Liquidation may be made in the testate or intestate proceedings of either Section 3 

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 3A 2011

The probate court acquires jurisdiction from the moment the petition for the settlement of estate is filed with said court.

RTC may issue warrants and processes to compel the attendance of witnesses. Page 3

GR: Probate court cannot issue writs of execution. EX: 1. To satisfy the contributive shares of the devisees, legatees, and heirs in possession of decedent‟s assets; 2. To enforce payment of expenses in partition; 3. To satisfy costs when a person is cited for examination in probate proceedings. 4. To satisfy the claim in summary settlement proceedings of creditors or heirs who appear within 2 years from the distribution. Section 4 

No need for an independent action for Declaration of Presumptive Death for purposes of succession.

JURISPRUDENCE: Dinglasan vs. Ang Chia  A probate court is justified and does not act in excess of its jurisdiction in taking cognizance of a civil case filed against an administratix to recover possession of real property where it appears that the same property is involved in the intestate estate proceedings pending before said court and in fact is the only property of the estate left subject of administration and distribution. Eusebio vs. Eusebio  The presumption is that the testator retained such domicile, and hence, residence, in the absence of satisfactory proof to the contrary, for it is well-settled that a domicile once acquired is retained until a new domicile is gained. Bernardo vs. Court of Appeals  The question of whether certain properties involved in a testate proceeding belong to the conjugal partnership or to the husband exclusively property is a matter within the jurisdiction of the probate court which necessarily has to liquidate the conjugal partnership in order to determine the estate of the decedent which is to be distributed among his heirs who are all parties to the proceedings.

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Under this rule of venue, the court with whom the petition is first filed must also first take cognizance of the settlement of the estate in order to exercise jurisdiction over it to the exclusion of all other courts.

Fule vs. Court of Appeals  Term “resides” connotes “actual residence” as distinguished from “legal residence or domicile.” Terms “residence” and “domicile” as generally used in statutes fixing venue, are synonymous, and convey the same meaning as the term “inhabitant.”  “Resides” should be viewed or understood as the personal, actual, or physical habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay thereat. Residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one‟s domicile. No particular length of time of residence is required though; however, the residence must be more than temporary.  While the probate court has discretion to appoint a special administrator, the exercise of this discretion should reckon with the preferences established for the choice of a regular administrator. Coca vs. Borromeo  Whether a particular matter should be resolved by the Court of First Instance in the exercise of its general jurisdiction or of its limited probate jurisdiction us in reality not a jurisdictional question. In essence, it is a procedural question involving a mode of practice which may be waived. Maloles II vs. Phillips  Although Sec. 1, Rule 73 applies insofar as the venue of the petition for probate of the will is concerned, it does not bar other branches of the same court from taking cognizance of the settlement of the estate of the testator after his death.  Where the testator petitioned for probate of his will during his lifetime and for the issuance of letters testamentary to his named executrix, his nephew cannot oppose the probate, because such nephew is not “an interested party,” as he is neither an heir or legatee under the will. Alipio vs. Court of Appeals  Upon the death of one spouse, the powers of administration of the surviving spouse ceases and is passed to the administrator appointed by the court having jurisdiction over the settlement of the estate proceedings.

Rodriguez vs. Borja  The power to settle decedent‟s estate is conferred by law upon all CFIs and the domicile of the testator affects only the venue and not the jurisdiction of the court. The law of jurisdiction confers upon CFIs jurisdiction over all probate cases independently of the place of residence of the deceased.

Camaya vs. Patulandong  A probate court cannot adjudicate or determine title to properties claimed to be part of the estate and which are equally claimed to belong to outside parties.

Cuenco vs. Court of Appeals  If during the pendency of intestate proceedings, a will of the decedent is discovered, proceedings for the probate of the will shall replace the intestate proceedings even if an administrator had already been appointed therein.  The residence of the deceased or the location of his estate is not an element of jurisdiction over the subject matter but merely of venue.

Pacioles vs. Chuatoco-Ching  When a question arises as to ownership of property alleged to be a part of the estate of the deceased person, but claimed by some other person to be his property, not by virtue of any right of inheritance from the deceased but by title adverse to that of the deceased and his estate, such question cannot be determined in the course of an intestate or probate proceedings.

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San Luis vs. San Luis  For purposes of fixing venue under the Rules of Court, the residence of a person is his personal, actual or physical habitation, or actual residence or place of abode, which may not necessarily be his legal residence or domicile provided he resides therein with continuity and consistency.

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How the property is to be divided between the plaintiff and the defendants

If actual partition of property is made

RULE 69 PARTITION The proce...