REMEDIAL LAW ‘SPECIAL PROCEEDINGS SPECIAL gihOk CE Ree ag ate) nema! Esekakeele) See Toft or prevent oretess | establohment of th ht Special Proceeding is a remedy by which a | Bwrong Stowe a act arly seeks to establish o status, aright or a fee LO uy seetelte eeee ot is govemed by ocinary | We governed by special Peer eee acre eeanen 2 tues supplemented by ” | rue suplemerted by SECTION 1. SUBJECT MATTER oF _ | Scie! rules. (eee SPECIAL PROCEEDINGS Tis ears By cours of Tis hear by cours oF General juiedcton. | ied jrdicton ‘Special Proceedings Enumerated in The cbt arusnentitee Rules OF Court (SEG ErPaneT Vac) ites by pleasing | RSLS 1 Seltement of esate of deceased persons; | and partes respond” | Puan and parton 2. Escheat; ee Ae ‘oppesition. 3. Guardianship and custody of children: Sacre ; 4 Trustees, see 5. Adoption: PraESenTT 8. Restission and revocation of adoption; es ners 7 Hewenon finn persons Ore tomes | fabeas corpus, ae 9. Change of nai; nother forthe Keres by, 10, Voluntary dissolution of corporations: enforcement or | Civil action pny ope 1. Judicial approval of voluntary recognition | protection ot | sutjcsta” | SERS of minor natural children; tight or the ‘specific rules. status, a right or 12. Constitution of family nome; prevention or | a particular fact. 13. Declaration of absence and death; Dectoadauetaata? 14. Cancellation and correction of entries in pee ‘sueee — {he ci registry Govained oy | Orcinaryruies | Goveredby | Other Special Proceedings seaee 2, EDN SORA ang granary Liquidation proceedings a eee : ae z 1 2 Corporate rehabilitation: 3, Recognition and enforcement of arbitration clause or award; 4. Vasalion, setting aside, correction or modification of an arbitral award: 5. Any application with ¢ court for arbitration assistance and supervision ron te SECTION 2. APPLICABILITY OF RULES OF CIVIL ACTIONS In the absence of special provisions, the rules Provided for in ordinary actions shall be, as far a8 practicable, applicable in special proceedings ‘EXECUTIVE COMMITTEE EZEOEL JOSIW)A VLIIRIA overall chalpeeson, MANISTER: ROSES. DRL stpssen for aedemies BIOANIME ROMARE JONRSA haspeison fr hotel opeotins, MAE MICAEIA SIA, AN sleechoae son for sprains: AIRPAR. MAVERICK TOMACDER vc “hap i IACHT 130 LAWS e-hpser foHhanes EAAR Ie TURE setae for ry, US LPI vce truncata YAN MEKCADER suber ck, MARIA DISKET. VEDIO sesstant subject lode, WV FF YRITZ RHACA CAYARAN ip, JANA AA TECSON ond STN THPAZ ci mec KALLA: Ae suc teh tons AIMEE CYAN spc puoevstige OMUURET JOY RARACIDAN cmina procahne CTSA YW HMBARGI AS evens HAMZEL SANTO pil ie -MOERS: he Joy Aol, Gly Grace Ay, Mak eseph Aya, Kise Rakin, zabeth Mae Bongo, Venice Rua, Diana aja a anal Gong, ia Gallego, Nicol Rose Margaret Jamia Frances Dyan Lie Kathe Lm, Lcnsine Manvique, Ronil Mor, Kevin Avec Pangan, Ramla Quinto, Bevety Quintos, Loe Renin Reyes, tyreon Rutr, Faby Save, Cad Taba, Nor Vitonors, Jove gel Davi Kale Orne Lage aye LarosaSan Beda College of Law 2011 CENTRALIZED BAR OPERATIONS SETTLEMENT OF ESTATE OF DECEASED PERSONS RULES 73-90 Procedure in Settlement Proceedings (Judicial) Petition for Probate of wil, Wany (Rule 75-76) Spee Court order fixing the tine and place for probate Publication of hearing for 3 successive ‘weeks. Notice sal also be given to the designaiediknown heirs, legatees and devisees, and the executor if the one petitioning fr allowance of the wil fe not the testator Issuance of Letters Testamentary/Administation (A special administrator may be appointed) dm 77-80% = x - Pblication of Notice for Fling Claims + Filing of Ci (Rule 85) Hd Issuance of Orcer af Payment or Sale of Provertios 4 Payment of Claims SaleinforigaaesEncumbrance of estate properties Distibuton of remainder any] (Buti can Sermade even before | Payment if a bond is filed by the naa Different Modes of Settlement of Estate of a Deceased Person/Presumed Dead 1. Extrajudicial Settlement of Estate (Section 1, Rule 74): Summary Settlement of Estate of Smalt Value (Section 2, Ruio 74), Partition (Rule 69): Probate cf Will (Rule 75 (0 79): Petition for letters oF Administration in cases of intestacy (Ru SECTION 1. WHERE ESTATE OF DECEASED PERSONS SETTLED Venue 1. INHABITANT (Resident) OF THE PHILIPPINES (whether citizen or alien) ~ Court of the provincelcily where he resides at the time of death 2. INHABITANT (Resident) OF FOREIGN COUNTRY ~ Court of any. province wherein he had his estate. Residence means his personal, actual or physical habitation, his actual residence or Place of abode (Fule vs, CA, L-40502, Nov. 29, 1976), ‘The settiement of a decedent's estate is a proceeding in rem. ‘Two Kinds of Settlement 1. Extrajudicial Settlement ~ a proceeding where the decedent had left ao wills and the heirs adjudicate the estate among themseNes without seeking letters of adrninisiration, 2. Judicial Settlement - Testate or intestate preceeding instituted in the country where decedent had his residence or had esiate if nonresiaant By, Liquidals SRstatel pad ts i est courty (eget al Bule: «Probate issue of ownerstip: Was Se ‘Ownership may (be ee \SIQNALLY Gein for be. paioa® ot ipaising probery in-inventory. aihout prajedlce to Fe fra! Orla naan fv sepatae soon, oy ee Oe Winer ‘alt he plartiesijare -heifgloné they submit the issue of ownegehipr to. the probate: cour provided thalatherrights of third parlles’are not préjuaice’d (Gerardo vs C8 TB MBYPOREDB 1963) as7REMEDIAL LAW 3. Question is one of collation or advancement, ‘Other Questions which the Probate Court can Determine 1. Who the heirs of the decedent are; 2. The recognition of a natural child, 3. The validity of disinheritance effected by the testator, 4. Status of a woman who claims to be the awful wife of the decedent; 5. The validity of @ waiver of hereditary Fights; ‘The status of each heir, Whether property in inventory is conjugal or exclusive property of deceased spouse; 2. Matters incidental of collateral to the settlement and distribution of the estate, Exclusionary Rule General Rule: The court first taking cognizance of the settlement cf the estate of the decedent shall exercise jurisdiction to the exclusion of all other ecurts. ‘The probate court acquires juriedietion from the moment the petition for the settiement of estate is filed with said court, it cannot be Givested of such jurisdiction by the subsequent acts of the parties as by entering into extrajudicial partition of the estate (Sandoval- vs, Santiago, L-1723, May 30, 1949); or by filing another petition for settlement in a proper court of concurrent venue (De Boria vs. Tan, 77 Pri 872) Exception: Estoppel by Laches Note: Jurisdiction under Rule 73 Sec. 1 DOES NOT relate to jurisciction per se but to venue. Hence, institution in a court where the decedent is neither an inhabitant nor had his estate may be the subject of walver. (Lifarte vs, CFI, L-21938-39, May 29 1970), Remedy If Venue is Improperly Laid General Rule: ORDINARY APPEAL not certiorari or mandamus, Exception: if want of jurisdiction appears on the record of the case (Rule 73, Section 1). Note: Festate proceedings —_ take PRECEDENCE over intestate proceedings for the same estate Wf during the pondency of intestate proceedings, a will of the decedent is discovered, proceedings for tne probate of the ‘SPECIAL PROCEEDINGS will shall repiace the intestate proceedings even if an administrator had already been appointed therein (Cuenco vs. CA, 1-24742, Oct. 26, 1973). SECTION 2. WHERE THE ESTATE SETTLED UPON DISSOLUTION OF MARRIAGE Upon the death of either the husband or the ‘wife, the partnership affairs must be liquidated in the testate or intestate proceedings of the deceased husband or wife. If both have died, liquidation may be made in the testate or Intestate proceedings of either. SECTION 3. PROCESS ‘The RTC may issue warrants and processes to compel the attendance of witnesses. Writ of Execution General Rule: Probate court cannot issue writs of execution, Ratio: Its orders usually refer to the adjudication of claims against the estete which the executor/administrator may satisfy without the need of executory process. Exceptions: (CEE) 1. To satisfy the contributive share of the devisees, legatees and helrs when the latier had entered prior possession over the estate (Sec. 6, Rule 86), 2. To enforce payment of the expenses of panttion (Sec. 3, Rule 90}; 3. To satsty the costs when a person is cited for examination in probate proceedings (Sec. 13, Rule 142), " FESUMEINE Dean EF Stidedtions OF LAN rnitg, te Fesubjoal i 1 ALM dobte mut nd 2. Heslgholl recover e ver nave’ ee scat a Heil (at 308 ee swipe found tagether Ay sreperty Cre Lor the “property tsiptine ven fo the Tn