100
SPECIAL PROCEEDINGS
SPECIAL PROCEEDINGS - A remedy by which a party seeks to establish a status, a right or a particular fact. (Rule 1, Section 3 JURISDICTION GENERAL RULE: Regional !rial "ourt EXCEPTION: #!" has $urisdiction in the following cases% 1. &robate proceedings whether testate or intestate where the gross 'alue of the estate does ()! e*ceed &3++,+++ or &,++,+++ in #etro #anila, -."/0S12- of interest, damages of whate'er kind, attorney3s fees, litigation e*penses and costs. 4. 5-/-6A!-5 70R1S51"!1)( 8 in "adastral and /and Registration "ases co'ering lots where there is no contro'ersy or opposition or contested lots where the 'alue of which does not e*ceed & 1++!. 8 appeal is taken to the "A, not to the R!" since #!" is e9ual to R!" in this instance. 3. S&-"1A/ 70R1S51"!1)( 8 petitions for writ of :abeas "orpus in case of absence of R!" $udges. S" and "A ha'e original $urisdiction o'er :abeas "orpus cases, concurrent with the R!". ORDINARY ACTION
to protect or enforce a right or pre'ent or redress a wrong in'ol'es two or more parties go'erned by ordinary rules supplemented by special rules
heard by courts of general $urisdiction 1nitiated by a pleading and parties respond through an answer
by ordinary rules
heard by courts of limited $urisdiction 1nitiated by means of a petition and parties respond by means of an opposition
DIFFERENT MODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON 1. -*tra$udicial Settlement of -state (Section 1, Rule ;, 4. &artition (Rule <= 3. Summary Settlement of -state of Small 2alue (Section 3, Rule ;, ,. &robate of >ill (Rule ;? to ;= ?. &etition for letters of Administration in cases of 1ntestacy (Rule ;= PROCEDURE PROCEEDINGS IN SETTLEMENT
SPECIAL PROCEEDING
in'ol'es the establishment of the right, status or fact may in'ol'e only one party go'erned by special rules supplemented
5istribution of Residue, if any (But this can be made e'en before payment if a bond is filed by the heirs
SUMMARY SETTLEMENT OF ESTATE OF SMALL VALUE (Sec.4 6R)SS 2A/0- of the estate must ()! -."--5 &1+, +++. !his is $urisdictional. ()el 8osar$o vs. Conanan, L-!790!, -ar2+ !0, 1977) IMPORTANT RE3UIREMENTS 1. Application must contain allegation of gross 'alue of estate. 4. 5ate for hearing a shall be set by court not less than 1 #)(!: nor more than 3#)(!:S from da#e o4 las# 1u l$2a#$on o4 no#$2e9 b published, )("- A >--G C)R 3 ")(S-"0!12- >GS in a newspaper of general circulation. 3. (otice shall be ser'ed upon such interested persons as the court may direct. ,. 4%nd - amount fi*ed by the court (not 'alue of personal prop conditioned upon payment of $ust claims under Sec.,. LIA4ILITY OF ESTATE (Sec., DISTRI4UTEES AND
may
be
JUDICIAL SETLLEMENT
re9uires summary $udicial ad$udication gross estate must not e*ceed &1+! allowed in both testate and intestate a'ailable e'en if there are debtsF it is the court which will make pro'ision for its payment #ay be instituted by A(E 1(!-R-S!-5 &AR!E e'en a creditor of the estate 6$#+ou# #+e 2onsen# o4 all +e$rs bond to be determined by the court
RE3UISITES OF T O>YEAR PERIOD LIEN 1. persons ha'e taken part or ha'e notice of e*tra$udicial partition 4. compliance with the pro'isions of Sec.1, Rule ;, ("a51$lo vs. CA) 4ASIS TO COMPEL SETTLEMENT OF T2E ESTATE 1. undue depri'ation of lawful participation in the estate. 4. e*istence of debts against the estate or undue depri'ation of lawful participation payable in money. REMEDIES 1. >1!:1( 4 ERS. - claim against the bond or the real estate. 4. Action to Annul a deed of e*tra$udicial settlement on the ground of CRA05 8 within ,
>hile the Rules pro'ide that the decedent must not ha'e left any debts, it is sufficient if any debts he may ha'e left ha'e been paid at the time of the e*tra$udicial settlement is entered into. (7u$2o vs. Bau#$s#a, 110 &+$l 584) DISPUTA4LE PRESUMPTION T2AT DECEDENT LEFT NO DE4TS 1f no creditor files a petition for letters of administration within 4 years after the death of the decedent.
4. 3. ,. ?.
But no defect in the petition shall render 'oid the allowance of the will, or the issuance of letters testamentary or of administration with the will anne*ed. EFFECT OF T2E PRO4ATE OF A ILL 1t is conclusi'e as to the -.-"0!1)( and the 2A/151!E of the will (e'en against the state . !hus, a criminal case against the forger may not lie after the will has been probated. ISSUE IN T2E PRO4ATE OF A ILL GENERAL RULE: )nly determination of the e*trinsic 'alidity not the intrinsic 'alidity or testamentary dispositions. EXCEPTION: >here the entire or all testamentary dispositions are 'oid and where the defect is apparent on its face. (A2a$n vs. (AC 78 No. 72706, :2#. 27, 19879 Ne1u5u2eno vs. CA, 1!9 "C8A 206) EXTRINSIC VALIDITY e*ecution of the will. means due
MEANING AND EXTENT DUE EXECUTION 5ue e*ecution means that% 1. the testator is of sound and disposing mind when he e*ecuted the willF 4. the will was ()! e*ecuted under duress, fraud or other circumstances that 'itiates consentF 3. the re9uired formalities ha'e been strictly complied withF and ,. the will is genuine and not a forgery.
4. ")(!-S!-5 (Sec.11 a No#ar$al <$lls - A// subscribing witnesses A(5 notary public. :)>-2-R, if any or all the witnesses (i testify against the e*ecution of the will, (ii do not remember attesting thereto, or (iii of doubtful credibility, the will may be allowed if the court is satisfied from the testimony of other witnesses and from all the e'idence presented that the will was e*ecuted and attested in the manner re9uired by law. b 'olo%ra1+$2 <$lls - 3 witnesses who knows the handwriting of testator. 1n the absence thereof, testimony of an e*pert witness may be resorted to. :)>-2-R, in Codo. vs. Calu%a., 78 N:. 12!486, Au%. 12, 1999, the S" ruled that if the holographic will is contested, 3 witnesses who know the handwriting and signature of the testator are now re9uired@mandatory to pro'e its authenticity and for its allowance. GENERAL RULE: :olographic will if destroyed "A(()! be probated. EXCEPTION: 1f there e*ists a &hotostat or .ero* copy thereof. (7an vs. =a1, 104 &+$l 509) P"%%& %& (%s# %" des#"%9ed Ai(( (Sec.< Cacts which should be pro'ed in order that a lost or destroyed will may be allowed%
O"de" O& P"e&e"ence 1. !he sur'i'ing husband or wife or the ne*t of kin, or both in the discretion of the court, or to such person as such sur'i'ing spouse or ne*t of kin, re9uest to ha'e appointed, if competent and willing to ser'e. (S0R2121(6 S&)0S- )R ()#1(-4. 1f the sur'i'ing spouse or the ne*t of kin or the person selected by them be incompetent or unwilling to ser'e, or if the sur'i'ing spouse or ne*t of kin neglects for 3+ days after the death of the decedent to apply for administration, A(E one or more of the &R1("1&A/ "R-51!)RS, if competent and willing to ser'e. 3. 1f there is no such creditor competent and willing to ser'e, it may be granted to such other person as the court may select. (S!RA(6-R !he )rder of appointment of Regular administrator is final and appealable. 4ASIS FOR T2E PREFERENTIAL RIG2T !he underlying assumption is that those who will reap the benefits of a wise, speedy and economical administration of the estate or on the other hand, suffer the conse9uences of waste, impro'idence or mismanagement, ha'e the higher interest and most influential moti'e to administer the estate correctly. RULE 7D OPPOSING ISSUANCE OF LETTERS TESTAMENTARY PETITION AND CONTENTS FOR LETTERS OF ADMINISTRATION !$# is #!e MAIN ISSUE in $n $d5inis#"$#i%n '"%ceedin6= >ho is the person rightfully entitled to administration.
RULE DE DISTRI4UTION AND PARTITION OF T2E ESTATE Li7-id$#i%n means the determination of all assets of the estate and payment of all debts and e*penses.
RULE D0 ESC2EATS 3 INSTANCES %& ESC2EATS 1. >hen a person dies intestate lea'ing no heir but lea'ing property in the &hilippines (Section 1 4. R-2-RS1)( &R)"--51(6S 8 Sale in 'iolation of the "onstitutional pro'ision 3. 0nclaimed Balance Act under Banking /aws !$# is #!e 8$sis %& #!e s#$#eFs "i6!# #% "ecei:e '"%'e"#9 in esc!e$#= )rder of succession under the "i'il "ode, the S!A!- is the last heir of the decedent. !% &i(es= Solicitor 6eneral or his representati'e in behalf of the &hilippines. !e"e #% &i(e= R!" of last residence or of location of his estate in the &hilippines if he is a non-resident.
RULE D* GUARDIANS2IP 6uardianship of minors is now go'erned by the Rule on 6uardianship of #inors (A.#. (o. +3-+4-+?-S" which took effect on #ay 1, 4++3. >hile guardianship of incompetents is still go'erned by the pro'isions of the Rules of "ourt on 6uardianship (Rule =4 to Rule =; .
MINOR
1. 4. any relati'eF or other person on behalf of a minorF or 3. the minor himself if 1, years of age or o'erF or
,. the Secretary of Social >elfare and 5e'elopment A(5 by the Secretary of :ealth in case of an insane minor who needs to be hospitaliDed. (Sec. 4 A# +3-+4-+?-S"
INCOMPETENT
1. 4. 3. any relati'eF friendF or other person on behalf of the resident incompetent who has no parents or lawful guardianF or
the 5irector of :ealth in fa'or of an insane person who should be hospitaliDed or in fa'or of an isolated leper. (Sec. 1
,.
J-"isdic#i%n: 1ncompetents 8 R!" of his residence or where his property is located in case of non-residents (Sec. 1 #inor 8 Camily "ourt of his residence or where his property is located in case of non-resident (Sec. 3, A# +3-+4-+A +INDS OF GUARDIANS A) Acc%"din6 #% sc%'e: 1. 6eneral - o'er the person of the ward or o'er his property 4. /imited - o'er the property only 4) Acc%"din6 #% c%ns#i#-#i%n: 1. general guardian 4. legal guardian 3. guardian ad litem
a b
INCOMPETENT inc(-des: (Sec. 4 1. those suffering from penalty of ci'il interdiction 4. hospitaliDed lepers 3. prodigals ,. deaf and dumb who are unable to read and write ?. those of unsound mind though they ha'e lucid inter'als <. persons not of unsound mind but by reason of age, disease, weak mind and other similar causes cannot take care of themsel'es or manage their property. RULE D3 APPOINTMENT OF GUARDIANS !% 5$9 'e#i#i%n &%" $''%in#5en# %& 6-$"di$n= !he father and the mother shall $ointly e*ercise legal guardianship o'er the person and property of their minor without the necessity of a court
the $urisdictional factsF the name, age and residence of the prospecti'e wardF the ground rendering the appointment necessary or con'enientF the death of the parents of the minor or the termination, depri'ation or suspension of their parental authorityF the remarriage of the minor3s sur'i'ing parentF the names, ages, and residences of relati'e within the ,th ci'il degree of minor, and of persons ha'ing him in their care and custodyF the probable 'alue, character and location of the property of the minorF and the name, age and residence of the person for whom letters of guardianship are prayed.
a b
e f
the $urisdictional factsF the minority or incompetency rendering the appointment necessary or con'enientF the probable 'alue and character of his estateF the names, ages, and residences of the relati'es of the minor or incompetent, and of the persons ha'ing him in their careF the name of the person for whom letters of guardianship. (Sec. 4 Rule =3
unsuitable to e*ercise parental authorityF ,. >hen the best interest of the minor so re9uires. 4) 3-$(i&ic$#i%ns %& G-$"di$ns (Sec. ? 1. #oral character 4. &hysical, mental and psychological condition 3. Cinancial status ,. Relationship of trust with the minor ?. A'ailability to e*ercise the powers and duties of a guardian for the full period of guardianship <. /ack of conflict of interest with the minor ;. Ability to manage the property of the minor. C) !% 5$9 8e $''%in#ed 6-$"di$n %& #!e 'e"s%n %" '"%'e"#9/ %" 8%#!/ %& $ 5in%" (Sec.< 1n default of parents or a court appointed guardian, the court may the following obser'ing as far as, practicable, the )R5-R )C &R-C-R-("-% 1. the S0R2121(6 6RA(5&AR-(! and in case se'eral grandparents sur'i'e, the court shall select any of them taking into account all rele'ant considerationsF 4. the )/5-S! BR)!:-R )R S1S!-R of the minor o'er twenty-one years of age, unless unfit or dis9ualifiedF 3. the A"!0A/ "0S!)51A( of the minor o'er twenty-one years of age, unless unfit or dis9ualifiedF and ,. any )!:-R &-RS)(, who in the sound discretion of the court would ser'e the best interests of the minor.
4) G"%-nds &%" "e5%:$( %& $ 6-$"di$n: 1. insanityF 2. incapability or unsuitability to discharge functionsF 3. wastage or mismanagement of the property of the wardF and 4. failure to render an account or make a return within 3+ days after it was due. SALIENT FEATURES $nd SPECIAL RULES FOUND IN T2E RULE ON GUARDIANS2IP OF MINORS (A.#. (o. +3-+4-+?-S", effecti'e #ay 1, 4++3) A) G"%-nds &%" Pe#i#i%n (Sec. , 1. "ontinued Absence, or Incapacity or Death of his parentsF (AID) 4. Suspension, Termination or Depri'ation of parental authorityF (STD) 3. Remarriage of his sur'i'ing parent, if the latter is found
D) C$se S#-d9 Re'%"# (Sec. = !he court shall order a social worker to conduct a case study of the minor and all prospecti'e guardians and submit report and recommendation to the court for its guidance before the scheduled hearing.
RULE DC TRUSTEES J-"isdic#i%n: R!" in which the will was allowed, if it be a will allowed in the &hilippines, otherwise by the R!" of the pro'ince in which the property, or some
D) SUPERVISED TRIAL CUSTODY ,STC1 (Sec.1? Before issuance of decree of adoption the court shall gi'e the adopter trial custody of the adoptee for at least < #)(!:S. Re$s%n: So the parties will ad$ust psychologically and emotionally to each other and establish a bonding relationship. "ourt may reduce or e*empt parties from S!". GENERAL RULE: Alien adopter must complete the < #)(!:S S!". EXCEPTION: Same as -*emptions from re9uirements of residency and certification. E) DECREE OF ADOPTION 1f issued, this will take effect as of the date of filing of the original petition. 1n case of change of name, the decree shall be submitted to the "i'il Registrar where the court issuing the same is situated. An amended birth certificate shall be issued. !he original birth certificate shall be stamped HcancelledI and shall be sealed in the "i'il Registry records. !he new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue. EFFECTS OF ADOPTION 1. adopter will e*ercise parental authority. 4. all legal ties between biological parents and the adoptee shall be se'ered, e*cept when biological parent is spouse of adopter. 3. adoptee shall be considered legitimate child of adopter for all intents and purposes.
INTER COUNTRY ADOPTION (Secs. 4<-34 !e"e #% &i(e Pe#i#i%n= A 'erified petition to adopt a Cilipino child may be filed by a foreign national or Cilipino citiDen permanently residing abroad with the F$5i(9 C%-"# ha'ing $urisdiction o'er the place where the child resides or may be found. - 1t may be filed directly with the In#e">C%-n#"9 Ad%'#i%n 4%$"d) 2O MAY ADOPT 1. any alien or Cilipino citiDen permanently residing abroad who is at least twenty-se'en (4; years of ageF 4. other re9uirements same as with RA C??*. 2O MAY 4E ADOPTED )nly a legally free child may be the sub$ect of inter-country adoption. A child under the 1nter-"ountry Adoption Act is defined as any person below fifteen (1? years of age. RESCISSION AND REVOCATION OF ADOPTION 0nder the D%5es#ic Ad%'#i%n Ac# %& 0DDC, the A5)&!-R "A( () /)(6-R R-2)G- the adoption, he can merely d$s$n+er$# the adoptee in accordance with the pro'isions of the "i'il "ode. 1n re'ocation, it relates only as to the date of the $udgment. :ence in re'ocation, 'ested rights prior to rescission should be respected. !% &i(es= 1. A5)&!--
!e#!e" #!e 'e#i#i%n &%" #!e A"i# %& !$8e$s c%"'-s 5$9 8e '"%'e"(9 &i(ed #%6e#!e" Ai#! #!e 'e#i#i%n &%" ce"#i%"$"i $nd 5$nd$5-s !he "ourt ruled that the writs of habeas corpus and certiorari may be ancilliary to each other where necessary to gi'e effect to the super'isory powers of the higher courts. A writ of habeas corpus reaches the body and the $urisdictional matters, but not the record. A writ of certiorari reaches the record but not the body. :ence, a writ of habeas corpus may be used with the writ of certiorari for the purpose of re'iew. :owe'er, habeas corpus does not lie where the petitioner has the remedy of appeal or certiorari because it will not be
T% A!%5 A"i# di"ec#ed $nd A!$# #% "e7-i"e) (Sec.< 5irected to officer and commands him to% 1. ha'e the body of person before the courtF and 4. show cause of the imprisonment or restraint. 2%A A"i# is e;ec-#ed $nd "e#-"ned (Sec.A O&&ice" s!$((% 1. "on'ey the person so imprisoned before the $udge, unless from sickness or infirmity, such person cannot, without danger be brought before the court. 4. #ake the return of the writ together with the day and the cause of caption or restraint. De&ec# %& &%"5 (Sec.= () writ can be disobeyed for defect in form 1C it sufficiently states% 1. person in whose custody or under whose restraint the party imprisoned or restraint is held, and 4. court or $udge before whom he is to be brought. !en #!e "e#-"n e:idence/ $nd A!en %n(9 $ '(e$ (Sec.3 1f a prisoner is in custody under a warrant of commitment in pursuance of law or under a $udicial order, the return shall be considered &R1#A CA"1-215-("- )C !:- "A0S- )C R-S!RA1(!, !%Ae:e" it shall only be plea of the facts set forth if restraint is by pri'ate authority. !en '"is%ne" disc!$"6ed i& n% $''e$() (Sec.1? 1f one is unlawfully imprisoned, court shall order his discharge but such discharge shall not be effecti'e until a copy of the order has been ser'ed on the office or person detaining the prisoner. 1f person detaining him does not appeal, the prisoner shall be released.
-------&etition for declaration of absence may be filed "onsidered dead for all intents and purposes e*cept for purposes of succession Cor purposes of marriage% , years continuous absence shall be sufficient for present spouse to remarry, 4 years only under e*traordinary circumstance
PURPOSE OF PETITION > to appoint an administrator o'er the properties of the absentee. :ence, if absentee left no properties, such petition is unnecessary. GROUNDS FOR TERMINATION OF T2E ADMINISTRATION 1. absentee personally appears through an agent 4. absentee death is pro'en and heirs appear 3. third person appears showing that he ac9uired title o'er the property of the absentee ,. Actual or presumpti'e death cannot be the sub$ect if it is the onlt 9uestion or matter in'ol'ed in a case or upon which a competent court has to pass.
&etition is filed by person desiring to change his name )rder for hearing shall be published once a week for three consecuti'e weeks
motion for a new trial or for reconsideration. ORDERS T2AT ARE NOT APPEALA4LE 1. )rder directing administrator to take action to reco'er amount due to the estateF 4. )rder made in administration proceedings relating to inclusion or e*clusion of items of property in the in'entory of e*ecutor or administratorF 3. )rder appointing special administratorF ,. )rder granting or denying a motion for new trial or for reconsideration. APPEAL IN ORDINARY CIVIL ACTION
&-R1)5% 1? days R-M01R-#-(!S (otice of Appeal and 5ocket Cees (o e*tension
&etition for change of name ,R-(e 0E31 and petition for cancellation or correction of entries are 51S!1("! &R)"--51(6S. :ence, a party cannot change name and correct an entry in a single petition without satisfying the $urisdictional re9uirements. (8e1u l$2 v. Bal5ore) RULE 0ED APPEALS IN SPECIAL PROCEEDINGS O"de"s %" <-d65en#s &"%5 A!ic! $''e$(s 5$9 8e #$Ien (Sec.1 An interested person may appeal in special proceedings from such order or $udgment rendered which% 1. Allows or disallows a willF 4. 5etermines who are the lawful heirs of a deceased person, or the distributi'e share of the estate to which such person is entitledF 3. Allows or disallows, in whole or in part, any claim against the estate of a deceased person, or any claim presented on behalf of the estate in offset to a claim against itF ,. Settles the account of an e*ecutor, administrator, trustee or guardianF ?. "onstitutes, in the proceedings relating to the settlement of the estate of a deceased person, or the administration of a trustee or guardian, a final determination in the lower court of the rights of the party appealing appealing, e*cept that no appeal shall be allowed from the appointment of a special administratorF and <. 1s the final order or $udgment rendered in the case, and affects the substantial rights of the person appealing, unless it be an order granting or denying a
SPECIAL PROCEEDING
1. Settlement of the -state
VENUE
Resident of the 5ecedent or if the decedent is a nonresident, place where he had an estate
JURISDICTION
#!" if the gross 'alue of the estate does not e*ceed &4++,+++, or &,++,+++ in #etro #anila R!" if the gross 'alue of the estate e*ceeds the abo'e amounts
4. -scheat
a. Pe"s%n dies in#es#$#e (e$:in6 n% !ei" 8 Resident of the decedent or if nonresident, in the place where he had an estate. b. Re:e"si%n 8 >here the land lies in whole or in part c. Unc($i5ed 4$($nce 8 >here the dormant deposits are located
R!"
R!"
R!"
?.
Appointment of 6uardians
Camily "ourt (in case of #inors R!" (Regular courtsLin cases other than minors
<.
Appointment of !rustees
>here the will was allowed or where the property or portion thereof affected by the trust is situated >here the adopter resides >here the adoptee resides >here the detainee is detained (if the petition is filed with the R!"
R!"
;. A. =.
Camily "ourt Camily "ourt S", "A, R!", #!" in the pro'ince or city in case there is no R!" $udge
R!"
R!"