SPECIAL PROCEEDINGS REMEDIAL LAW PRE-WEEK

SC, CA, Sandiganbayan -

SPECIAL PROCEEDINGS If the action concerns
public data files of
government offices
NOTE: Change of name
X = Exception
If judicial - Where the RTC
person applying for the
change of his name
VENUES AND JURISDICTIONS resides
If administrative - Local civil registry or
Venue Jurisdiction Philippine consulate
Estate settlement a) Local civil registry XXXXX
where the record sought
Province of decedent's MTC - If estate's gross to be changed is kept
residence at the time of value does not exceed b) Local civil registry of XXXXX
death P300K (P400K in Metro the place of residence of
Manila) interested party (only if
If non-resident decedent RTC - If estate's gross petitioner migrated to
- Province where he had value exceed MTC's another place in the
estate jurisdiction Philippines and it would
Escheat be impractical to file in
If decedent dies XXXXX the place where records
intestate and without sought to be changed
heirs - Province where are kept)
decedent last resided or c) Philippine consulates xXXXX
where estate is (only for Philippine
If reversion - Province XXXXX citizens who reside in
where land lies foreign countries)
wholly/partially Cancellation/correction of entries in the civil
Guardianship registry

Where ward resides or Family Court - If minor If judicial - Where the RTC
where his property is ward concerned civil registry is
located (if non-resident) located
RTC - If other than minor If administrative - Local civil registry or
ward Philippine consulate
Trusteeship a) Local civil registry XXXXX
where the record sought
Where the will was RTC to be changed is kept
allowed or where the b) Local civil registry of XXXXX
property affected by the the place of residence of
trust is located interested party (only if
Adoption petitioner migrated to
If domestic - Where Family Court another place in the
adopter resides Philippines and it would
If inter-country - Where Family Court or Inter- be impractical to file in
adoptee resides (if filed Country Adoption Board the place where records
with Family Court) sought to be changed
If rescission of adoption Family Court are kept)
- Where adoptee resides c) Philippine consulates XXXXX
Habeas corpus (only for Philippine
citizens who reside in
Where detainee is SC (on any day and at any foreign countries)
detained (if filed in RTC) time, enforceable
Declaration of absence and appointment of their
anywhere in the
representative
Philippines)
Where absentee resided RTC
XXXXX Sandiganbayan (only in aid
before his disappearance
of its appellate
jurisdiction)
XXXXX CA (in instances
authorized by law, SETTLEMENT OF ESTATE OF DECEASED
enforceable anywhere in PERSONS
the Philippines)
XXXXXX RTC (on any day and at
any time, enforceable only
o Estate settlement should be judicially
within its judicial district) administered through an
Writ of amparo administrator/executor.
o X:
Where the threat or SC, CA, Sandiganbayan, 1) Extrajudicial settlement by agreement
act/comission or any of RTC
between/among heirs;
its elements occurred, at
2) Summary settlement of estates of small
any day and time) (if
filed in RTC)
value.
Writ of habeas data
EXTRAJUDICIAL SETTLEMENT BY AGREEMENT
Petitioner's residence or RTC BETWEEN/AMONG HEIRS
where the place the
o Substantive requisites:
informaion is
1) The decedent left:
gathered/collected/store
a) No will; &
d, at the petitioner's
option b) No debts.
2) The heirs are all of age
o If there are minors, they must be
represented by their judicial/legal

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SPECIAL PROCEEDINGS REMEDIAL LAW PRE-WEEK

representatives duly authorized for the on the issues of the validity of the will’s
purpose. provisions.
o Procedural requisites: 2) Defects apparent on the face of the will.
1) Division of estate must be in a public
instrument or by affidavit of adjudication in ALLOWANCE OF WILL PROVED OUTSIDE THE
the case of a sole heir PHILIPPINES
2) Filed with proper registry of deeds. o A will allowed/probated in a foreign country
3) Publication of notice of the fact of must be reprobated in the Philippines.
extrajudicial settlement at least once a o Administration of an estate extends only to the
week for 3 consecutive weeks. decedent’s assets in the state where it was
o Despite the publication in a newspaper, granted.
it is not binding on any person who has o Administrator appointed in one state has no
not participated or who had no notice. power over property in another state.
4) Bond filed equivalent to the value of the o Proof in the reprobate of the foreign will
personal property. 1) The testator had his domicile in the foreign
o Required only when personalty is country;
involved. 2) The will has been admitted to probate in
o If real estate, it is subject to a lien in such country;
favor of creditors/heirs/etc. for the full 3) The fact that the foreign tribunal is a
period of 2 years from such distribution. probate court;
The lien cannot be substituted by a 4) The law on probate procedure of the said
bond. foreign country and proof of compliance
therewith;
SUMMARY SETTLEMENT OF ESTATES OF SMALL 5) The legal requirements in said foreign
VALUE country for the valid execution of the will.
o Requisites: o Effects of reprobate:
1) Gross value of the estate must not exceed 1) Will to have the same effect as if originally
P10K. proved and allowed in the Philippines.
2) Application must contain allegation of gross 2) Letters testamentary/administration
value of estate. annexed to will, extends to all estates in the
3) Date of hearing: Philippines.
a) Shall be set by court not less than 1 3) After the payment of just debts and
month nor more than 3 months from expenses of administration, estate is to be
date of last publication of notice. disposed of according to the will, so far as
b) Order of hearing published once a week such will may operate upon it.
for 3 consecutive weeks in a newspaper o Residue to be disposed of as in cases of
of general circulation. estates in the Philippines of non-
4) Notice shall be served upon such interested residents.
persons as the court may direct.
o A summary settlement is not binding EXECUTORS AND ADMINISTRATORS
upon heirs/creditors who were not
parties or had no knowledge of it. Executor Administrator
5) Bond in an amount fixed by the court (not Nominated by the Appointed by the court if
value of personal property) conditioned testator and appointed the testator did not
upon payment of just claims under Rule 74, by the court appoint, of if the
Sec. 4. appointee is
incapacitated or refused
Extra-judicial Summary settlement Duty to present the will No such duty
settlement to court
No court intervention Requires summary Testator may provide Administrator must
judicial adjudication that executor may serve always give a bond
Estate's value is Gross estate value must without bond (but the
immaterial not exceed P10K court may direct him to
There must be no Available even if there give bond to pay debts)
outstanding debts at the are debts (since the Compensation may be Compensation is to be
time of settlement court will make provided for by the governed by Rule 85,
provisions for payment) testator in the will; Sec. 7
Resorted to at the May be instituted by any otherwise, Rule 85, Sec.
instance and by interested party, even 7 shall apply
agreement of all the by a creditor of the
heirs estate, without the Regular administrator Special administrator
consent of all the heirs
Appointment may be the Appointment is an
Amount of bond is equal Amount of bond is to be subject of appeal interlocutory order and
to the value of the determined by the court may not be the subject of
personal property an appeal
One of the obligations is He cannot pay the estate's
to pay the estate's debts debts
JUDICIAL SETTLEMENT THROUGH AN Appointed if decedent Appointed if there is delay
ADMINISTRATOR/ EXECUTOR died intestate or did not in granting letters
o Probate court’s authority limited to: appoint an testamentary or letters of
1) Extrinsic validity of the will. administrator, or if the administration, or if the
2) Due execution thereof. appointee refused or is executor is a claimant of
3) Testator’s testamentary capacity. not qualified the estate he represents
4) Compliance with the requisites or
solemnities prescribed by law.
o X: STATUTE OF NON-CLAIMS
1) Principle of practical consideration =
Waste of time/effort/expense plus added
anxiety, so court might as well meet head-

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SPECIAL PROCEEDINGS REMEDIAL LAW PRE-WEEK

= Period fixed by the ROC for the filing of claims having custody to show cause why the writ
against the estate for examination and should not issue.
allowance. 2) Peremptory writ = If the cause of the
o Must be made within the time fixed in the notice detention appears to be patently illegal.
(not > 12 months nor < 6 months after the date Non-compliance with this is punishable.
of 1st publication). Otherwise, forever barred. o Writ extends to:
o Even if the testator acknowledged the debt 1) All cases of illegal confinement/detention by
in his will and instructed the executor to which any party is deprived of his liberty.
pay such debt, the Statute of Non-Claims 2) If the rightful custody of a person is
must still be complied with. withheld from the one entitled to it.
o X: Belated claims = Claims not filed within o Writ shall not issue if the restraint is
the original period fixed by the court. voluntary.
o Any time before order of distribution is o X: Writ is a proper remedy to
entered, creditor who failed to file his enable parents to regain custody of
claim may be allowed to file within 1 a minor, even if the minor is in the
month from the order allowing him. custody of a 3rd person of his own
o Statute of Non-Claims and Statute of Limitations free will.
must concur in order for a creditor to collect. 3) If, as a consequence of a judicial
o A creditor barred by the Statute of Non-Claims proceeding:
may file a claim as a counterclaim in any suit a) There is deprivation of a constitutional
that the executor/administrator may bring right resulting in the person’s restraint;
against such creditor. b) The court has no jurisdiction to impose
o Applies only to claims that do not survive. the sentence; or
o Claims that do not survive: c) An excessive penalty was imposed,
1) Money claims, debts incurred by the because the sentence is void as to the
deceased during his lifetime, arising from excess.
contract:
a) Express or implied;
b) Due or not due; WRIT OF AMPARO
c) Absolute or contingent.
2) Claims for funeral expenses or for the last = Remedy if right to life/liberty/security is violated
illness of the decedent. (or threatened to be so) by a public official/EE
3) Judgment for money against decedent. or a private individual/entity.
o Claims that survive = Actions that may be o Extralegal killings = Killings committed
commenced directly against the executor and without due process of law.
administrator. o Enforced disappearances = Attended by:
1) Recovery of real/personal property (or any 1) Arrest/detention/abduction of a person by a
interest therein) from the estate. government official or organized groups or
2) Enforcement of a lien thereon. private individuals acting with the in/direct
3) Action to recover damages arising from tort. acquiescence of the State;
2) Refusal of the State to disclose the
ORDER FOR DISTRIBUTION OF ESTATE’S fate/whereabouts of the person concerned,
RESIDUE or refusal to acknowledge the deprivation of
o Made after payment of all debts, funeral liberty, which places such persons outside
expenses, expenses for administration, the protection of the law.
allowance of widow, and inheritance taxes.
o X: If the distributes or any of them gives a
bond conditioned for the payment of said
WRIT OF HABEAS DATA
obligation, the order of may be made even
before the payment of the debts and
= Remedy if right to privacy is so violated (or
expenses.
threatened to be so) in
o Title to the property is vested from the finality
gathering/collecting/storing data or information
of the order of distribution.
about aggrieved party's
o An order which determines the distributive
person/family/home/correspondence.
share of heirs is appealable. If not appealed, it
becomes final.
o Advance distribution = Notwithstanding a
pending controversy/appeal in estate settlement CANCELLATION/CORRECTION OF
proceedings, court may permit that the estate’s ENTRIES IN THE CIVIL REGISTRY
parts which are not affected by the
controversy/appeal be distributed. Cancellation/ Correction of clerical or
correction of entries typographical error (RA
in the civil registry 9048)
WRIT OF HABEAS CORPUS (Rule 108)
Judicial Administrative: Local civil
= Writ directed to the person detaining another and registrar or consul general
commanding him to produce the body of the (for nonresident citizens)
detained at a certain time and place, to do, to Substantial changes (i.e. Clerical/typographical
submit to and receive whatever the court shall those affecting civil errors and change in
status, citizenship, first/nick name
consider in that behalf.
nationality and
o Kinds:
substantial errors)
1) Preliminary citation = If the person is
detained under governmental authority and
Rule 103 Rule 108
the illegality of his detention is not patent
(Change of name) (Cancellation/
from the petition for the writ, the court
correction of entries in
issues the citation to the government officer the civil registry)

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SPECIAL PROCEEDINGS REMEDIAL LAW PRE-WEEK

Petition to be filed in the Verified petition filed in the

RTC where the petitioner
resides
Civil registar is not a
party to the proceeding
Petition is filed by person
desiring to change his
name
Order for hearing shall
be published once a
week for 3 consecutive
weeks. No mention of
causing notice to be sent
RTC where the
corresponding civil registry
is located
Civil registrar concerned is
made a party to the
proceeding as a
respondent. The OSG
must also be served a
copy of the petition
Petition is filed by any
person interested in any
act/event/order/decree
concerning the civil status
of persons
Order for hearing shall be
published once a week for
3 consecutive weeks AND
the court shall cause
reasonable notice to be
given to persons named in
the petition

APPEALS IN SPECIAL PROCEEDINGS

o Appealable orders/judgments:
1) If it dis/allows a will;
2) If it determines who are the lawful heirs or
the distributive shares;
3) If it wholly or partially dis/allows a claim
against a decedent’s estate, or any claim
presented on the estate’s behalf in offset to
a claim against it;
4) If it settles the account of an
executor/administrator/trustee/guardian;
5) If it constitutes a final determination in the
lower court of the rights of the party
appealing, in proceedings relating to estate
settlement or administration of a
trustee/guardian;
o X: Appointment of a special
administrator is not appealable.
6) If it is the final order/judgment rendered in
the case, and affects the substantial rights
of the person appealing.
o X: Orders granting/denying a MFR/MNT.
o While some of the items listed may be
considered as interlocutory under ordinary civil
actions, the nature of special proceedings
declares them as appealable and as exceptions
to Rule 41, Sec. 2.

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