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VDA DE MANALO V.

CA

FACTS
Troadio Manalo died intestate, survived by his wife Pilar and 11 children. He left real properties in Manila and Tarlac
including a business in Tarlac under the name Manalo’s Machine Shop with offices at Quezon City and Valenzuela, Metro
Manila.
Respondents (8 of the surviving children); Purita, Milagros, Belen, Rocalina, Romeo, Roberto, Amalia and Imelda, filed a
petition with the RTC if Manila for the judicial settlement of the estate of their father, and for the appointment of Romeo as
administrator.
The trial court declared the whole world in default. However, upon motion to set the order of general default aside by
petitioners, who were granted 10 days within which to file their opposition.
Petitioners filed an Omnibus Motion seeking: to set aside and reconsider the Order of the trial court denying the motion for
additional extension of time to file opposition; to set for preliminary hearing their affirmative defenses ass grounds for
dismissal of the case; to declare that the trial court did not acquire jurisdiction over the persons of the oppositors.
The trial resolved to admit the Opposition but denied the grounds in the Omnibus Motion.
Petitioners filed a petition for certiorari (R 65) with the CA stating that: the trial did not acquire jurisdiction over their
persons; the share of surviving spouse was included in the intestate proceedings; there was absence of earnest efforts to
compromise among members of the same family; and no certification of non-forum shopping was attached to the petition.
The CA dismissed the petition.

ISSUE
Is earnest efforts to compromise among members of the same family required in Spec Pro

RULING
NO
Such rule is only applicable to ordinary civil actions. This is clear from the term 'suit' that it refers to an action by one person
or persons against another or other in a court of justice in which the plaintiff pursues the remedy which the law affords him
for the redress of an injury or the enforcement of a right, whether at law or in equity. A civil action is thus an action filed
in a court of justice, whereby a party sues another for the enforcement of a right, or the prevention or redress of a wrong.
It must be emphasized that the oppositors are not being sued in the Special Proceeding for any cause of action. The petition
for issuance of letters of administration, settlement and distribution of estate, is a special proceeding and, as such, it is a
remedy whereby the petitioners therein seek to establish a status, right, or a particular fact.
The petitioners in the special proceeding merely seek to establish the fact of death of their father and to be duly recognized
as among the heirs of the said deceased so that they can validly exercise their right to participate in the settlement and
liquidation of the estate of the decedent consistent with the limited and special jurisdiction of the probate court.