Special Proceedings: San Beda College of Law

San Beda College of Law
100
MEMORY AID IN REMEDIAL LAW
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
SPECIAL
PROCEEDING
to protect or
enforce a right or
pre'ent or redress a
wrong
in'ol'es the
establishment of the
right, status or fact
in'ol'es two or
more parties
may in'ol'e only
one party
go'erned by
ordinary rules
go'erned by special
rules supplemented
supplemented by
special rules
by ordinary rules
heard by courts of
general $urisdiction
heard by courts of
limited $urisdiction
1nitiated by a
pleading and parties
respond through an
answer
1nitiated by means of
a petition and parties
respond by means of
an opposition
DIFFERENT MODES OF SETTLEMENT OF
ESTATE OF DECEASED PERSON
1. -*tra$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 IN SETTLEMENT
PROCEEDINGS
REMEDIAL LAW COMMITTEE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae
%en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'ia )Ci*il Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+
S/ecial
Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,- Elaine Mas"ka! )E*i+ence,
1ssuance of /etters
!estamentary@Administration
(A special administrator may be
appointed (Rule ;;-A+
&robate of the >ill if
any (Rule ;? 8;<
&ayment of "laims
Sale@#ortgage@-ncumbrance
of &roperties of the -state
5istribution of Residue, if any
(But this can be made e'en before
payment if a bond is filed by the heirs
Ciling of "laims
(Rule A<
101
RULE 73
VENUE AND PROCESS
VENUE
1(:AB1!A(! )C &:1/1&&1(-S
(whether citiDen or alien 8 "ourt
of pro'ince@city where he
resides at the time of death.
1(:AB1!A(! )C C)R-16(
")0(!RE 8 R!" of any pro'ince
wherein he had his estate.
Residence means his personal, actual
or physical habitation, his actual
residence or place of abode. (Fule vs.
CA, L-40502, Nov. 29, 1976)
!e"e es#$#e %& dece$sed 'e"s%ns
se##(ed) (Sec.1
* +INDS OF SETTLEMENT
A. -.!RA7051"1A/ S-!!/-#-(! -
,R-(e 7./ Sec#i%n 01
B. 7051"1A/ S-!!/-#-(! - !estate or
1ntestate &roceedings instituted in
the country where decedent has his
residence

EXTENT OF JURISDICTION
&robate courts are courts of /1#1!-5
$urisdiction. 1t may only determine and
rule upon issues relating to the
settlement of the estate, namely%
1. administration of the estateF
4. li9uidation of the estateF and
3. distribution of the estate.
GENERAL RULE: &robate court cannot
determine issue of ownership.
EXCEPTIONS:
1. &ro'isionally, ownership may be
determined for the purpose of
including property in in'entory,
without pre$udice to its final
determination in a separate actionF
or
4. >hen all the parties are heirs and
they submit the issue of ownership
to the probate court pro'ided that
the rights of third parties are not
pre$udiced. (Bernardo vs. CA, L-
18148, Fe. 28, 196!)
EXAMPLES OF OT2ER 3UESTIONS
2IC2 T2E PRO4ATE COURT CAN
DETERMINE
1. >ho are the heirs of the
decedentF
4. !he recognition of a natural
childF
3. !he 'alidity of disinheritance
effected by the testatorF
,. Status of a woman who claims to
be the lawful wife of the
decedentF
?. !he 'alidity of a wai'er of
hereditary rightsF
<. !he status of each heirF
;. >hether property in in'entory is
con$ugal or e*clusi'e property of
deceased spouseF
A. All other matters incidental or
collateral to the settlement and
distribution of the estate.
PRINCIPLE OF EXCLUSIONARY RULE
!he court first taking cogniDance of the
settlement of the estate of the
decedent, shall e*ercise $urisdiction to
the e*clusion of all other courts.
!he probate court ac9uires $urisdiction
from the moment the petition for the
settlement is filed with said court. 1t
cannot be di'ested of such $urisdiction
by the subse9uent acts of the parties as
by entering into e*tra$udicial partition
of the estate ("andoval vs. "an#$a%o, 88
&'(L 784F or filing another petition for
settlement in a proper court of
concurrent 'enue ()e Bor$a vs. *an, 77
&+$l 872).
EXCEPTION:
-stoppel by /A":-S
7urisdiction under Rule ;3 Sec. 1 does
()! relate to $urisdiction per se but to
'enue. :ence, institution in the court
where the decedent is neither an
inhabitant or ha'e his estate may be
wai'ed. (,r$ar#e vs. CF(, L-219!8-!9,
-a. 29, 1970)
1mproper 'enue must be seasonably
raised. (/use$o v. /use$o, 100 &'(L
59!)
S/ecial
102
REMEDY IF T2E VENUE IS IMPROPERLY
LAID
)R51(ARE A&&-A/ not certiorari or
mandamus 0(/-SS want of $urisdiction
appears on the record of the case.
R!" may issue writs and processes.
(Sec.3, Rule ;3
GENERAL RULE: &robate court cannot
issue writs of e*ecution.
Reason% its orders usually refer to the
ad$udication of claims against the estate
which the e*ecutor@administrator may
satisfy without the need of e*ecutory
process.
EXCEPTIONS: -."/0S12- (e01ress$o
un$us es# e02lus$o al#er$us
1. !o satisfy the contributi'e share
of the de'isees, legates and
heirs when the latter had
entered prior possession o'er the
estate. (Sec. <, Rule AA
4. !o enforce payment of the
e*penses of partition. (Sec. 3,
Rule =+
!e"e #!e es#$#e se##(ed -'%n
diss%(-#i%n %& 5$""i$6e (Sec.4
0pon the death of either the husband or
the wife, the partnership affairs must be
li9uidated in the testate or intestate
proceedings of the deceased husband or
wife. 1f both ha'e died, li9uidation may
be made in the testate or intestate
proceedings of either.
RULE 7.
SUMMARY SETTLEMENT OF ESTATE
GENERAL RULE: 1f a person dies, his
estate is submitted to a $udicial
settlement proceeding.
EXCEPTION: !he heirs may resort to%
1. -*tra$udicial settlement of estateF
or
4. Summary settlement of estate 8 must
be conducted in accordance with
regular procedure ()! under rules
of summary procedure. (Regalado
1n these e*ceptions an administrator
or e*ecutor need not be appointed.
EXTRAJUDICIAL SETTLEMENT 4Y
AGREEMENT 4ETEEN 2EIRS (Sec.1
Re7-isi#es%
A. Substanti'e
1. !he decedent left -
a no will
b no debts
4. !he heirs are all of age or the
minors are represented by their
$udicial or legal representati'es
dul. au#+or$3ed 4or #+e 1ur1ose
B. &rocedural
1. 5i'ision of estate must be in a
&0B/1" 1(S!R0#-(! or by
ACC15A21! of A57051"A!1)( $n
#+e 2ase o4 a sole +e$r.
4. Ciled with proper Registry of
5eeds
3. &ublication of notice of the fact
of e*tra$udicial settlement once
a week for 3 ")(S-"0!12- >GS.
,. Bond filed e9ui'alent to the
'alue of &-RS)(A/ property.
!he bond is re9uired only when
personalty is in'ol'ed or the real estate
is sub$ect to a lien in fa'or of creditors,
heirs or other persons for the full period
of 4 years from such distribution and
such lien cannot be substituted by a
bond.
!he bond is the 'alue of the personal
property certified by the parties under
oath and ")(51!1)(-5 upon payment of
$ust claims filed under Sec. ,, Rule ;,.
4OND
1. e9ui'alent to the 'alue of
personal property
4. certified by parties under oath
by an affida'it
3. conditioned upon the payment of
$ust claims filed under Sec. ,.
1f they cannot agree to the manner of
partition among themsel'es, they may
resort to )rdinary Action of &artition. 1f
despite the institution of such action
they subse9uently arri'ed at an
agreement, they may enter into the
corresponding stipulation and register
S/ecial
103
the same with the Register of 5eeds.
(Regalado
Is $ P-8(ic Ins#"-5en# necess$"9 &%" #!e
:$(idi#9 %& $n e;#"$<-dici$( se##(e5en#=
NO) &ri'ate instrument@document or
)ral agreement of partition is 'alid
among the heirs who participated in the
e*tra$udicial settlement. !he
re9uirement under Sec. 1, Rule ;, that it
must be in public instrument is ()!
constituti'e of the 'alidity but is 5erel.
ev$den#$ar. $n na#ure. ('ernande3 vs
Andal
:owe'er, Reformation may be
compelled. (Regalado
EXTRAJUDICIAL
SETTLEMENT
JUDICIAL
SETLLEMENT
(o court inter'ention re9uires summary
$udicial ad$udication
'alue of the estate
immaterial
gross estate must not
e*ceed &1+!
allowed only in
intestate succession
allowed in both
testate and intestate
there must be no
outstanding debts of
the estate at the
time of settlement
a'ailable e'en if
there are debtsF it is
the court which will
make pro'ision for
its payment
resorted at the
instance and by
agreement of A//
heirs
#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
amount of bond is
e9ual to the 'alue of
personal property
bond to be
determined by the
court
>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.
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# 1ul$2a#$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 $ust claims under Sec.,.
LIA4ILITY OF DISTRI4UTEES AND ESTATE
(Sec.,
RE3UISITES OF TO>YEAR PERIOD LIEN
1. persons ha'e taken part or ha'e
notice of e*tra$udicial partition
2. 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 ,
S/ecial
104
E-ARS 4ro5 #+e d$s2over. o4
4raud.
3. Recon'eyance of real property.
>here the estate has been summarily
settled, the unpaid creditor may, within
4 years, file a motion in the court
wherein such summary settlement was
had, for the payment of his credit.
EXCEPTION: 1f on the date of the
e*piration of the two-year period, the
creditor or heir is -
a A minor or incapacitated, or
b 1n prison or
c )utside the &hilippines,
he may present his claim within one year
a4#er su2+ d$sa$l$#. $s re5oved. (Sec. ?
Rule ;?
!he 4-year lien upon the real property
distributed by e*tra$udicial or summary
settlement shall be annotated on the
title issued to the distributees and after
4 years will be cancelled by the register
of deeds without need of court order
(/R" "1R"0/AR 1,3
Such lien cannot be discharged nor the
annotation be cancelled within the 4
year period e'en if the distributees offer
to post a bond to answer for contingent
claims from which lien is established.
(8eon% vs. (ane3, 79 &+$l !24)
RULE 7?
PRODUCTION OF ILL@ ALLOANCE OF
ILL NECESSARY
Sec#i%n 0) A((%A$nce necess$"9/
c%nc(-si:e $s #% e;ec-#i%n)
NATURE OF PRO4ATE PROCEEDINGS
1. 1( R-# -binding on the whole
world.
4. #A(5A!)RE - no will shall pass
either real or personal property
unless it is pro'ed and allowed in
the proper court. :)>-2-R, it
has been held in one case that a
will may be sustained on the
basis of Article 1+A+ of the "i'il
"ode which reads as follows%
H1f the testator should make a
partition of his properties by an
act inter 'i'os, or by will, such
partition shall stand in so far as
it does not pre$udice the
legitime of the forced heir.I
(-an%-:. vs. CA, 144 "C8A !!).
3. 1#&R-S"R1&!1B/- 8 because of
the public policy to obey the will
of the testator.
,. !he 5)"!R1(- )C -S!)&&-/
does no# apply.
Re$s%n: presentation and
probate of will is re9uired by
public policy and in'ol'es public
interest. (Fernande3 vs.
)$5a%$a)
RULE 7B
ALLOANCE OR DISALLOANCE OF
ILL
P"%8$#e %" A((%A$nce %& i((s > act of
pro'ing in a court a document purporting
to be the last will and testament of a
deceased person in order that it may be
officially recogniDed, registered and its
pro'isions carried insofar as they are in
accordance with law.

!% 5$9 'e#i#i%n &%" $((%A$nce %& Ai((=
(Sec.1
1. any creditor - as preparatory
step for filing of his claim
therein (Regalado, p.4<
4. de'isee or legatee named in the
will
3. person interested in the will
(e.$., heirs
,. testator himself 8 during his
lifetime the possession of the
will is not necessary
!% 5$9 8e $ '$"#9 in '"%8$#e=
6enerally, any person ha'ing a d$re2#
and 5a#er$al $n#eres# in the will or
estate.
CONTENTS OF T2E PETITION (Sec.4
1. the ;ur$sd$2#$onal 4a2#s 8 death
of the testator and his residence
at the time of death or the
pro'ince where estate was left
S/ecial
105
by the decedent who is a non-
residentF
4. the names, ages, and residences
of the heirs, legatees, de'isees
of the testator or decedentF
3. the probable 'alue and character
of the property of the estateF
,. the name of the person for
whom the letters are prayedF
?. the name of the person ha'ing
custody of the will if has not
been deli'ered to the court.
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 - means due
e*ecution of the will.
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.

COURT APPOINTS TIME FOR PROVING
ILL) NOTICE T2EREOF TO 4E
PU4LIS2ED (Sec.3
!en d%es c%-"# $c7-i"e <-"isdic#i%n
%:e" in#e"es#ed 'e"s%ns $nd "es=
0pon &0B/1"A!1)( for 3 >GS
successi'ely of the order setting the case
for hearing A(5 sending ()!1"-S to all
persons interested.
NOTICES MUST 4E GIVEN TO:
1. designated or known heirs,
legatees and de'iseesF and
4. e*ecutor and co-e*ecutor if not
the petitioner.
MODES OF NOTIFYING
49 5$i(: 4+ days before hearing
Pe"s%n$( n%#ice: 1+ days before hearing
3 weeks successi'ely is not strictly 41
days.
ANTE MORTEM
1f petition for probate is on testator3s
own initiati'e during his lifetime -
1. no publication is necessaryF and
4. notice shall be made only to the
compulsory heirs.
PROOF OF 2EARING (Sec.?
At the hearing, compliance of
&ublication and (otice must first be
shown before introduction of testimony
in support of the will.
EVIDENCE in s-''%"# %& Ai((:
1. 0(")(!-S!-5 >1// (Sec.?
a No#ar$al <$lls - testimony of at
least 1 of the subscribing
witnesses is allowed.
- if all subscribing witnesses
reside outside the pro'ince 8
deposition is allowed.
- if subscribing witnesses
reside is dead, insane, or none
reside in the &hilippines 8 "ourt
may admit testimony of the
witnesses to pro'e the sanity of
the testator, and the due
e*ecution of the will, and as
e'idence of the e*ecution of the
will, it may admit proof of the
handwriting of the testator and
S/ecial
10
of the subscribing witnesses or of
any of them.
b 'olo%ra1+$2 <$lls - the
testimony of 1 witness who
knows the handwriting and
signature of the testator. 1n the
absence thereof, testimony of an
e*pert witness.
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
&+$l 509)
P"%%& %& (%s# %" des#"%9ed Ai(( (Sec.<
Cacts which should be pro'ed in order
that a lost or destroyed will may be
allowed%
1. due e*ecution and 'alidity of the
willF
4. will was in e*istence when
testator died, or if it was not,
that it has been fraudulently or
accidentally destroyed in the
lifetime of the testator without
his knowledgeF and
3. the pro'isions of the will are
clearly established by at least
#6o 2red$le 6$#nesses.
RULE 77
ALLOANCE OF ILL PROVED OUTSIDE
OF P2ILIPPINES AND ADMINISTRATION
OF ESTATE T2EREUNDER
A will allowed or probated in a foreign
country, must be 8/-&8:BA*/) in the
&hilippines. 1f the decedent owns
properties in different countries,
separate administration proceedings
must be had in said countries.
TO TYPES OF ESTATE PROCEEDINGS%
1. D%5ici((i$"9 $d5inis#"$#i%n -
the proceeding instituted in las#
res$den2e of the decedent.
4. Anci(($"9 $d5inis#"$#i%n - the
administration proceedings
6+ere +e le4# +$s es#a#e.
RE3UISITES OF ANCILLARY
ADMINISTRATION (Sec.4
1. there must be a will (inferred
from the wordings of Rule ;;F
4. filing of%
a copy of the will e*ecuted in
foreign countryF
b order or decree of foreign
court allowing such willF and
c authentication of re9uisites
a and b abo'eF
3. notice of time and place of
hearingF
,. hearingF and
?. certificate of allowance.
C$n $ Ai(( e;ec-#ed $nd '"%:ed in $
&%"ei6n c%-n#"9 8e $((%Aed in #!e
P!i(i''ines -nde" R-(e 77=
YES) &rov$ded that the following must
be pro'ed%
S/ecial
10!
1. foreign court must ha'e
$urisdiction o'er the proceedingF
4. domicile of testator@decedent in
the foreign country and not in
the &hilippinesF
3. that the will has been admitted
to probate in such countryF
,. it was made with the formalities
prescribed by the law of the
place in which the decedent
resides, or according to the
formalities obser'ed in his
country, or in conformity with
the formalities prescribed by our
"i'il "odeF and
?. due e*ecution of the will in
accordance with the foreign
laws. (Regalado
EFFECTS
1. the will shall ha'e the same
effect as if originally pro'ed and
allowed in court of the
&hilippines.
4. letters testamentary or
administration with a will
anne*ed shall e*tend to all
estates of the &hilippines.
3. Residue of estate after payment
of debts, etc. shall be disposed
of as pro'ided by law in cases of
estates in &hilippines belonging
to persons who are inhabitants
of another state or country.
RULE 7C
LETTERS TESTAMENTARY AND OF
ADMINISTRATION 2EN AND TO 2OM
ISSUED
PERSONS 2O CAN ADMINISTER T2E
ESTATE
1. -*ecutorF
4. Administrator, regular or special
(Rule A+F and
3. Administrator with a will
anne*ed (Rule ;=, Section 1.
E;ec-#%" > !he one named by the
testator in his will for the administration
of his property after his death.
Ad5inis#"$#%" - )ne appointed by the
"ourt in accordance with the Rules or
go'erning statutes to administer and
settle the intestate estate or such
testate estate, where the testator did
not name any e*ecutor or that the
e*ecutor so named refuses to accept the
trust, or fails to file a bond, or is
otherwise incompetent.
Ad5inis#"$#%" Ai#! $ Ai(( $nne;ed > one
appointed by the court in cases when,
although there is a will, the will does not
appoint any e*ecutor, or if appointed,
said person is either incapacitated or
unwilling to ser'e as such.
2O MAY SERVE AS EXECUTOR@
ADMINISTRATOR=
Any ")#&-!-(! person may ser'e as
e*ecutor or administrator.
2O ARE INCOMPETENT TO SERVE AS
EXECUTOR@ADMINISTRATOR=
1. a minor
4. a non-resident
3. one who in the opinion of the
court is unfit to e*ercise the
duties of the trust by reason of%
a drunkenness
b impro'idence
c want of understanding and
integrity
d con'iction for an offense
in'ol'ing moral turpitude
-*ecutor of e*ecutor shall not, as
such, administer the estate of the first
testator. (Sec. 4
Le##e"s #es#$5en#$"9 - Authority issued
to an e*ecutor named in the will to
administer the estate.
Le##e"s %& $d5inis#"$#i%n Authority
issued by the court to a ")#&-!-(!
person to administer the estate of the
deceased who died intestate.
S/ecial
10"
TO 2OM LETTERS OF ADMINISTRATION
GRANTED
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.
!% 5$9 %''%se #!e iss-$nce %&
(e##e"s=
GENERAL RULE: Any person interested in
the will. (Section 1
EXCEPTION: -'en where a person who
had filed a petition for the allowance of
the will of the deceased person had no
right to do so in 'iew of his lack of
interest in the estate, ne'ertheless,
where the interested persons did not
ob$ect to its application, the defect in
the petition would be deemed cured.
!he filing of the petition may be
considered as ha'ing been ratified by the
interested parties. (/use$o vs. >al5ores
97 &'(L 16!)
&etition for )pposition may at the same
time be filed for /etters of
Administration with the will anne*ed.
C%n#en#s %& $ 'e#i#i%n &%" (e##e"s %&
$d5inis#"$#i%n% (Sec.4
a $urisdictional factsF
b name, age, residence of heirs
and creditorsF
c probable 'alue and character of
the estateF and
d name of the person for whom
letters is prayed for.
(o defect in the petition shall render
'oid the issuance of the letters of
administration.
G"%-nds &%" O''%si#i%n:
1. 1n Le##e"s Tes#$5en#$"9
a incompetence
4. 1n Le##e"s %& Ad5inis#"$#i%n
a incompetenceF
b preferential right of the heir
under Sec. <, Rule ;A.
&ublication for 3 >eeks and notice to
heirs, creditors and other persons
belie'ed to ha'e an interest in the
estate is re9uired before hearing.
/etters can be granted to any person or
any other applicant e'en if other
competent persons are present if the
latter fail to claim their letters when
notified by the court. (Sec. <, Rule ;=
S/ecial
10#
RULE CE
SPECIAL ADMINISTRATOR
!en 5$9 $ '"%8$#e c%-"# $''%in# $
s'eci$( $d5inis#"$#%"=
1. 5elay in granting of letters
including appeal in the probate
of the will.
4. -*ecutor is a claimant of the
estate he represents.
- in this second instance, the
administrator shall ha'e the
same powers as that of a
general administrator.
ORDER OF APPOINTMENT
DISCRETIONARY
!he preference accorded by Sec. < of
Rule ;A of the Rules of "ourt to sur'i'ing
spouse refers to the appointment of a
re%ular administrator, ()! to that of
s1e2$al administrator, and that the order
appointing the later lies within the
discretion of the probate court, and is
not appealable. (&$;uan vs. )e 7urrea,
124 &+$l. 1527)
POERS AND DUTIES
1. &ossession and charge of the
goods, chattels, rights, credits,
and estate of the deceasedF
4. "ommence and maintain suit for
the estateF
3. Sell )(/E
a perishable propertyF and
b those ordered by the courtF
,. &ay debts )(/E as may be ordered
by the court.
DURATION OF POER OF SPECIAL
ADMINISTRATOR
0ntil 9uestions causing the delay is
decided and the regular administrator is
appointed.
!en d%es #!e '%Ae" %& $ s'eci$(
$d5inis#"$#%" ce$se=
After the 9uestions causing the delay are
resol'ed and letters are granted to
regular e*ecutor or administrator.
Is $''%in#5en# %& s'eci$( $d5inis#"$#%"
$''e$($8(e=
NO, the same is 1(!-R/)"0!)RE.
:owe'er, appointment of a R-60/AR
A5#1(1S!RA!)R is appealable because it
is a final order.
1t is possible for the e*ecutor or
administrator whose appointment is
challenged by appeal to be appointed
also as the special administrator pending
such appeal. !here is no harm in
appointing the same person as special
administrator because there is a 'ast of
difference between the powers and
duties of the two positions.
RULE C0
4ONDS OF EXECUTOR AND
ADMINISTRATOR
4OND OF EXECUTOR@ADMINISTRATOR
(Sec.1
!en &i(ed=
Before an e*ecutor or administrator
enters upon e*ecution of his trust
A5%-n#= Ci*ed by the court
CONDITIONS
1. #ake an 1(2-(!)RE of property
which came to his knowledge
and possession within 3 #)(!:S.
4. A5#1(1S!-R the estate and from
the proceeds pay all debts and
charges.
3. Render an A"")0(! within )(-
E-AR
,. &erform all orders of the court.
ADMINISTRATORFS 4OND G STATUTORY
4OND
"onditions prescribed by statute forms
part of bond agreement.
!erms and effecti'ity of bond does not
depend on payment of premium and
does not e*pire until the administration
is closed. As long as the probate court
S/ecial
110
retains $urisdiction of the estate, the
bond contemplates a continuing liability.
(Lu3on "ure#. vs. ?uerar, 127 "C8A
295).
4OND OF SPECIAL ADMINISTRATOR
(Sec.,
C%ndi#i%ns
1. make in'entory.
4. render accounting when re9uired
by court.
3. deli'er the same to person
appointed e*ecutor or
administrator or other
authoriDed persons.
!he bond is effecti'e as long as the
court has $urisdiction o'er the
proceedings.
RULE C*
REVOCATION OF ADMINISTRATION/
DEAT2/ RESIGNATION AND REMOVAL OF
EXECUTORS AND ADMINISTRATORS
1f after letters of administration ha'e
been granted on the estate of the
decedent as if he had died intestate, +$s
6$ll $s allo6ed and 1roved . #+e 2our#,
the letters of administration shall be
re'oked and all powers thereunder
cease, and the administrator shall
forthwith surrender the letters to the
court, and render his account within
such time as the court may direct.
!he disco'ery of a will does ()! $1so
4a2#o nullify the letters of administration
already issued until the will has been
pro'ed and allowed pursuant to Rule A4
Sec. 1. ()e &arreno vs. Aran3anso, 78
No. L-27657, Au%. !0, 1982)
RESIGNATION OR REMOVAL OF
EXECUTOR@ ADMINISTRATOR (S-".4
G"%-nds
1. neglect to render accountsF
(w@in 1 E-AR or when the court
directsF
4. neglect to settle estate
according to these rulesF
3. neglect to perform an order or
$udgment of the court or a duty
e*pressly pro'ided by these
rulesF
,. abscondingF or
?. insanity or incapability or
unsuitability to discharge the
trust. (Sec. 4
!hese grounds are -."/0S12-.
/awful acts of an administrator or
e*ecutor before the re'ocation,
resignation, or remo'al are 'alid unless
pro'en otherwise. (Sec.3
POERS OF NE EXECUTOR OR
ADMINISTRATOR (Sec. ,
1. collect and settle the estate not
administeredF
4. prosecute or defend actions
commenced by or against the
former e*ecutor or
administratorF and
3. reco'er e*ecution on $udgments
in the name of former e*ecutor
or administrator.
RULE C3
INVENTORY AND APPRAISAL PROVISION
FOR SUPPORT OF FAMILY
1n'entory and appraisal must be made
within 3 #)(!:S 4ro5 #+e %ran# o4
le##ers #es#a5en#ar. or o4
ad5$n$s#ra#$on. (Sec.1
Appro'al of an in'entory is not a
conclusi'e determination of what assets
constituted the decedent3s estate and of
the 'aluation thereof. Such
determination is only pro'isional and a
prima facie finding of the issue of
ownership.
ALLOANCE TO IDO AND FAMILY
,Sec)31
A((%A$nce > monetary ad'ances sub$ect
to collation and deductible from their
share in the estate of the decedent.
!% $"e en#i#(ed #% $((%A$nce d-"in6
'"%ceedin6s=
1. Le%$#$5a#e sur'i'ing spouse
(Ne1o5u2eno vs CA)F and
4. "hildren of the decedent.
S/ecial
111
According to Art. 1AA of the "i'il
"ode, the children need not be minors
%" incapacitated to be entitled to
allowance. ("an#ero vs CF( o4 Cav$#e, 78
No. 61700-0!, "e1#. 24, 1987)
6randchildren are ()! entitled to
allowance under Rule A3. ('e$rs o4 8u$3
vs CA)
>hen liabilities e*ceed the asset of the
estate, his widow and children are not
entitled to support pending the
li9uidation of the intestate estate, on
the ground that such support, ha'ing the
character of an ad'ance payment to be
deducted from the respecti'e share of
each heir during distribution. (<a%ner
vs. -oore
RULE C.
GENERAL POERS OF EXECUTORS AND
ADMINISTRATORS

POERS OF EXECUTOR@
ADMINISTRATOR OF T2E ESTATE
1. !o ha'e access to, and e*amine
and take copies of books and
papers relating to the
partnership in case of a
deceased partnerF
4. !o e*amine and make in'oices of
the property belonging to the
partnership in case of a
deceased partnerF
3. !o make impro'ements on the
properties under administration
with the necessary court
appro'al e*cept for ne2essar.
re1a$rs9
,. !o possess and manage the
estate when necessary%
a for the payment of debtsF
and
b for payment of e*penses of
administrationF
?. !o maintain in tenantable repairs
houses and other structures and
fences and to deli'er the same
in such repair to the heirs or
de'isees when directed so to do
by the court.
SOME RESTRICTIONS ON POER OF
ADMINISTRATOR@EXECUTOR
1. "annot ac9uire by purchase,
e'en at public or $udicial
auction, either in person or
mediation of another, the
property under administration.
4. "annot borrow money without
authority of the court.
3. "annot speculate with
funds under administration.
,. "annot lease the property for
more than one year.
?. "annot continue the business of
the deceased unless authoriDed
by the court.
<. "annot profit by the increase or
decrease in the 'alue of the
property under administration.
RULE C?
ACCOUNTA4ILITY AND COMPENSATION
OF EXECUTORS AND ADMINISTRATORS

GENERAL RULE: !he e*ecutor or
administrator is accountable for the
whole estate of the deceased.
EXCEPTION: :e is not accountable for
properties which ne'er came to his
possession.
EXCEPTION TO T2E EXCEPTION: >hen
through untruthfulness to the trust or his
own fault or for lack of necessary action,
the e*ecutor or administrator failed to
reco'er part of the estate which came to
his knowledge.
Administrator or e*ecutor shall not profit
by the increase of the estate nor be
liable for any decrease which the estate,
without his fault, might ha'e sustained.
EXPENSES OF ADMINISTRATION: those
necessary for the management of the
property, for protecting it against
destruction or deterioration, and
possibly for the production of fruits.
S/ecial
112
!en s!$(( e;ec-#%" %" $d5inis#"$#%"
"ende" $n $cc%-n#= (Sec.A
RULE: >ithin one year from the time of
recei'ing letters testamentary or letters
of administration.
EXCEPTION: An e*tension of time is
allowed for presenting claims against or
paying the debts of the estate for
disposing of the estate but e'en in such
cases, the administration should be
terminated in not more than two-years
and a half.
RULE CB
CLAIMS AGAINST ESTATE
C($i5 - any debt or pecuniary demand
against the decedent3s estate.
!en 5$9 $ c%-"# iss-e n%#ices #%
c"edi#%"s #% &i(e #!ei" c($i5s=
1mmediately issued after granting letters
testamentary or of administration.
PURPOSE: for the speedy settlement of
the affairs of the deceased person and
early deli'ery of the property of the
estate into the hands of the persons
entitled to recei'e it.
"laims arising AC!-R his death cannot be
presented e*cept for%
a funeral e*pensesF and
b e*penses of the last sickness of
the decedent.
"laims for ta*es (inheritance and estate
due and assessed after the death of the
decedent need not be presented in the
form of a claim. !he court in the
e*ercise of its administrati'e control
o'er the e*ecutor or administrator may
direct the latter to pay such ta*es. And
the heirs, e'en after distribution are
liable for such ta*es.
STATUTE OF NON>CLAIMS (Sec.4
!en s!%-(d #!e c($i5s 8e &i(ed=
GENERAL RULE: >ithin in the time fi*ed
in the notice which shall not more than
14 #)(!:S nor less than < #)(!:S after
the date of the C1RS! &0B/1"A!1)(.
)therwise, they are BARR-5 C)R-2-R.
-'en if the testator acknowledged the
debt in his will and instructed the
e*ecutor to pay the debt, the statute of
non-claims must still be complied withF
otherwise the claim may also be barred.
EXCEPTION: Belated "laims.
4e($#ed C($i5s are claims not filed
within the original period fi*ed by the
court. )n application of a creditor who
has failed to file his claim within the
time pre'iously limited, at A(E !1#-
B-C)R- an order of distribution is
entered, the court #AE, for cause shown
and on such terms as are e9uitable,
allow such claim to be filed within a
time ()! -."--51(6 1 #)(!: from the
order allowing belated claims.
Statute of (on-"laims supersedes the
Statute of /imitations insofar as the
debts of deceased persons are
concerned. :owe'er, B)!: statute of
(on-"laims and Statute of /imitations
#0S! ")("0R in order for a creditor to
collect.
C($i5s A!ic! $"e n%# &i(ed Ai#!in #!e
S#$#-#e %& N%n>C($i5s $"e 8$""ed
&%"e:e" ,Sec)?1
"laims referred to under this section
refer to claims for the reco'ery of
money and which are not secured by a
lien against the property of the estate.
(:lave vs. Carlos, 208 &+$l 678)
C($i5s A!ic! s!%-(d 8e &i(ed -nde" #!e
S#$#-#e %& N%n>c($i5s=
1. #oney claims, debts incurred by
deceased during his lifetime
arising from contract
4. e*press or implied
3. due or not due
,. absolute or contingent
?. "laims for funeral e*penses and
for the last illness of the
decedent.
<. 7udgment for money against
decedent.
S/ecial
113
C%n#in6en# C($i5 conditional claim or
claim that are sub$ect to the happening
of a future uncertain e'ent.
"laims not yet due or contingent may be
appro'ed at their present 'alue.
:)>-2-R, a creditor barred by the
Statute of (on-claims may file a claim as
a ")0(!-R"/A1# in any suit that the
e*ecutor or administrator may bring
against such creditor.
SOLIDARY O4LIGATION OF DECEDENT
(Sec.<
"laim should be filed against decedent
as if he were the only debtor without
pre$udice on the part of the estate to
reco'er contribution from the other
debtor. (@au2$an vs ?uero, !8 &+$l 707l)
J%in# %8(i6$#i%n %& deceden#
!he claim must be confined to the
portion belonging to the decedent.
MORTGAGE DE4T DUE FROM ESTATE
(Sec.;
ALTERNATIVE REMEDIES O& T!e
C"edi#%" 2%(din6 A C($i5 Sec-"ed 49 A
M%"#6$6e O" O#!e" C%(($#e"$( Sec-"i#9
1. ABA(5)( security and prosecute
his claim against the estate and
share in the same general
distribution of the assets of the
estateF
4. C)R-"/)S- his mortgage or
realiDe upon his security by
action in court making e*ecutor
or administrator a party
defendant and if there is
;ud%5en# 4or )/F(C(/NC=, he
may file a claim (contingent
against the estate within the
statute of non-claims.
Agency coupled with an interest
!he power to foreclose a mortgage is
not an ordinary agency that
contemplates e*clusi'ely the
representation of the principal by
the agent but is primarily an
authority conferred upon the
mortgagee for latter3s own
protection. !hat power sur'i'es the
death of the mortgagor. (B$2ol
"av$n%s and Loan Asso2$a#$on vs. CA)
3. R-/E S)/-/E )( :1S #)R!6A6-
and foreclose the name at
anytime within the period of the
statute of limitation but he
cannot be admitted as creditor
and shall not recei'e in the
distribution of the other assets
of the estateF
!hese remedies are al#erna#$ve, the
a'ailment of one bars the a'ailment of
other remedies.
JUDGMENT ALLOING CLAIM ,Sec)031
7udgment against e*ecutor and
administrator shall not create any lien
upon the property of the estate or does
not constitute a specific lien which may
be registered on such property.
7udgment of a probate court appro'ing
or disappro'ing a claim is appealable.
!he mode of appeal is record on
appeal and must be filed within 3+ 5AES
from notice of $udgment.
RULE C7
ACTIONS 4Y AND AGAINST EXECUTORS
AND ADMINISTRATORS
Ac#i%ns A!ic! 5$9 %" 5$9 n%# 8e
8"%-6!# $6$ins# e;ec-#%" $nd
$d5inis#"$#%" (Sec.1
1ndependent and separate of the
probate proceeding%
1. reco'ery of real or personal
property or any interest therein
from the estate
4. enforcement of a lien thereon
3. action to reco'er damages for
any in$ury to person or property,
real or personal (tortuous acts
!hese are actions that surv$ve the death
of the decedent.
An action for re'i'al of money $udgment
may be filed against the administrator to
S/ecial
114
preempt prescription of $udgment.
(8o5ualde3 vs. *$%lao, 105 "C8A 762).
2ei" 5$9 n%# s-e -n#i( s!$"e $ssi6ned
(Sec.3
Before distribution is made or before any
residue is known, the heirs and de'isees
ha'e no cause of action against the
e*ecutor or administrator for reco'ery of
the property left by the decedent.
P"%ceedin6s A!en '"%'e"#9 c%nce$(ed/
e58eHH(ed %" &"$-d-(en#(9 c%n:e9ed
(Sec.<
PURPOSE: !o elicit information or to
secure e'idence from those persons
suspected as ha'ing possessed or ha'ing
knowledge of properties belonging to
deceased, or of ha'ing concealed,
embeDDled or con'eyed away any
properties of the deceased.
GENERAL RULE: !he probate court has
no authority to decide whether or not
the properties belong to the estate or to
the person being e*amined since probate
courts are courts of limited $urisdiction.
EXCEPTIONS:
1. &ro'isional determination of
ownership for inclusion in the
in'entoryF or
4. Submission to the court3s
$urisdiction (Bernardo vs. CA, 78
No. 8248!, "e1#. 26, 1990)
E58eHH(e5en# 8e&%"e (e##e"s iss-ed
(Sec.A
!he responsible person shall be liable to
an action in fa'or of the e*ecutor or
administrator of the estate for double
the 'alue of the property sold,
embeDDled, or alienated, to be
reco'ered for the benefit of the estate.
P"%'e"#9 &"$-d-(en#(9 c%n:e9ed 89 #!e
dece$sed 5$9 8e "ec%:e"ed) !en
e;ec-#ed %" $d5inis#e"ed 5-s# 8"in6
$c#i%n (Sec.=
!his pro'ision applies when there is a
deficiency of assets in the hands of the
e*ecutor or administrator for the
payment of the debts and e*penses for
administration
administration for it is under this
circumstance that there may be
con'eyances made by the deceased with
intent to defraud the creditor.
RE3UISITES 4EFORE ACTION MAY 4E
FILED
1. deficiency in assets
4. the con'eyance made is 'oid (when
there are badges of fraud
3. sub$ect of con'eyance is liable for
attachment in lifetime of
decedent.
!en c"edi#%" 5$9 8"in6 $c#i%n) Lien
&%" c%s#s ,Sec)0E1
>hen a grantee in a fraudulent
con'eyance is )!:-R !:A( !:-
-.-"0!)R )R A5#1(1S!RA!)R, a creditor
may commence and prosecute the action
if the following re9uisites are present%
1. !hat the e*ecutor or
administrator has shown to ha'e
no desire to file the action or
failed to institute the same
within the reasonable timeF
4. /ea'e is granted by court to
creditor to file the actionF
3. Bond is filed by creditor as
prescribed in this pro'isionF and
,. Action by creditor is in the name
of the e*ecutor or administrator.
!hese re9uisites need not be
complied with if the grantee of the
fraudulent con'eyance is the e*ecutor or
administrator himself, in which e'ent
the action should be in the name of all
creditors.
RULE CC
De8#s '$id in &-(( i& es#$#e s-&&icien#
(Sec.1
1f estate is insol'ent, as in liabilities are
more than the assets, "e2.7 $n rela#$on
#o Ar#. 1059 and 22!9 #o 2251 o4 #+e
C$v$l Code must apply. 0se rule on
preference of creditors 1f it is sufficient
to satisfy claims of a class.
S/ecial
115
!en #!e Ai(( '"%:ides &%" '$95en# %&
de8#s/ Sec#i%n * 5-s# 8e &%((%Aed)
Although testator acknowledged a
specific debt on his will, the creditor
must still file his claim in the testate or
intestate proceedings, otherwise his
claim will be barred.
Es#$#e #% 8e "e#$ined #% 5ee#
c%n#in6en# c($i5s (Sec.,
1f the court is satisfied that contingent
claim duly filed is 'alid, it may order the
e*ecutor or administrator to retain in his
hands sufficient estate to pay a portion
e9ual to the di'idend of the creditors.
RE3UISITES
1. contingent claim is duly filedF
4. court is satisfied that the claim
is 'alidF and
3. !he claim has become absolute.
Is e;ec-#i%n $ '"%'e" "e5ed9 #% s$#is&9
$n $''"%:ed c($i5=
NO, because%
1. &ayment appro'ing a claim does
not create a lien upon a property
of the estate.
4. Special procedure is for the
court to order the sale to satisfy
the claim.
2%A c%n#in6en# c($i5 8ec%5in6
$8s%(-#e in #A% 9e$"s $((%Aed $nd '$id
(Sec.?
1f such contingent claim becomes
absolute and is presented to the court,
or to the e*ecutor or administrator,
within two years from the time limited
for other creditors to present their
claims. !he residual funds within the
estate, although already in the
possession of the uni'ersal heirs, are
funds of the estate. !he "ourt has
$urisdiction o'er them and it could
compel the heirs to deli'er to the
administrator of the estate the
necessary portion of such funds for the
payment of any claims against the
estate. ((n re *es#a#e /s#a#e o4
-ar%ar$#a )av$d, "$son vs. *eodoro, 98
&+$l 680)
1f the contingent claim matures after the
e*piration of the two years, the
creditors may sue the distributees, who
are liable in proportion to the shares in
the estate respecti'ely recei'ed by
them. (@au2$an vs. ?uerol, su1ra)
1t has been ruled that the only instance
wherein a creditor can file an action
against a distributee of the debtor3s
assets is under Sec. ?, Rule AA of the
Rules of "ourt. !he contingent claims
must first ha'e been established and
allowed in the probate court before the
creditors can file an action directly
against the distributees. ()e Bau#$s#a vs.
)e 7u35an, 125 "C8A 682)
Es#$#e %& Ins%(:en# n%n"esiden#/ !%A
dis'%sed (Sec.=
1n the administration taken in the
&hilippines of the estate of the
1(S)/2-(! his estate in the &hilippines
shall be disposed of that his creditors in
and outside in the &hilippines in
proportion to their respecti'e credits.
!en $nd !%A c($i5 '"%:ed %-#side
#!e P!i(i''ines $6$ins# ins%(:en#
"esiden#Fs es#$#e '$id (Sec.1+
"laims pro'en outside the &hilippines
where the e*ecutor had knowledge and
opportunity to contest its allowance
therein may be added to the list of
claims in the &hilippines against the
estate of an 1(S)/2-(! R-S15-(! and
the estate will be distributed e9ually
among those creditors.
:owe'er the benefit of Sections = and 1+
cannot be e*tended to the creditors of
foreign country where the property of
the deceased therein is not e9ually
apportioned to creditors residing in the
&hilippines and other creditors.
Ti5e &%" '$9in6 De8#s $nd Le6$cies
(Sec.1?
(eed not e*ceed 1 year in the first
instance. But court e*tend on
application of e*ecutor or administrator
and after hearing and notice thereof.
S/ecial
11
-*tension must not e*ceed si* months
for single e*tension. >hole period
allowed to the original e*ecutor or
administrator shall not e*ceed 4 years
(section 1? successor of dead e*ecutor
or administrator may be gi'en an
e*tension not to e*ceed < months.
RULE CD
SALES/ MORTGAGE AND OT2ER
ENCUM4RANCES OF T2E PROPERTY OF
T2E DECEASED
O"de" %& s$(e %& 'e"s%n$(#9 (Sec.1
!he court may order the whole or part of
the personal estate to be sold if
necessary%
1. to pay debts and e*pense of
administrationF
4. to pay legaciesF or
3. to co'er e*penses for the
preser'ation of the estate.
!en c%-"# 5$9 $-#!%"iHe s$(e/
5%"#6$6e %" %#!e" enc-58"$nces %&
"e$(#9 #% '$9 de8#s $nd (e6$cies #!%-6!
'e"s%n$(i#9 n%# e;!$-s#ed= (Sec. 4
1. 1f personal estate is ()!
sufficient to pay debts, e*penses
of administration and legaciesF
4. 1f sale of personal estate may
in$ure the business or interests
of those interested in the estateF
3. 1f testator has ()! made
sufficient pro'ision for payment
of such debts, e*penses and
legaciesF
,. 1f deceased was in his lifetime
under contract, binding in law to
deed real property to
beneficiaryF (Section A
?. 1f the deceased during his
lifetime held real property in
trust for another person.
(Section =
RE3UISITES
a application of
-*ecutor@AdministratorF
b written notice to person
interestedF and
c hearing
Assets in the hands of
e*ecutor@administrator will not be
reduced to pre'ent a creditor from
recei'ing his full debt or diminish his
di'idends.
>ithout notice and hearing, the sale,
mortgage or encumbrance is 'oid. (otice
is mandatory. (oncompliance therewith
under the sale is null and 'oid.
Reason% !he reason behind this
re9uirement is that the heirs are the
presumpti'e owner. Since they succeed
to all the rights and obligation of the
deceased from the moment of the
latter3s death, they are the person
directly affected by the sale or mortgage
and therefore cannot be depri'ed of the
property, e*cept in the manner pro'ided
by law. (-ane2lan% vs. Baun, 208 "C8A
179)
M$9 #!e c%-"# $-#!%"iHe s$(e/ 5%"#6$6e
%" %#!e" enc-58"$nce %& es#$#e #% '$9
de8#s $nd (e6$cies in %#!e" c%-n#"ies=
(Sec. ?
>hen it appears from records and
proceedings of a probate court of
another country that the estate of the
deceased in foreign country is not
sufficient to pay debts and e*penses.
Application for authority to sell,
mortgage or encumber property of the
estate may be denied by the court if%
1. the disposition is not for any of
the reasons specified by the
rulesF )R
4. under Section 3 Rule A=, any
person interested in the estate
gi'es a bond conditioned to pay
the debts, e*penses of
administration and legacies.
RULE DE
DISTRI4UTION AND PARTITION OF T2E
ESTATE
Li7-id$#i%n means the determination of
all assets of the estate and payment of
all debts and e*penses.
S/ecial
11!
!en %"de" &%" dis#"i8-#i%n %& "esid-e
5$de (Sec.1
RULE: )R5-R )C 51S!R1B0!1)( shall be
made AC!-R payments of all debts,
funeral e*penses, e*penses for
administration, allowance of widow and
inheritance ta* is effected.
1n these proceedings, the court shall%
1. collateF
4. determine heirsF and
3. determine the share of each
heir.
A separate action for the declaration of
heirs is not necessary.
!en is #i#(e :es#ed=
Crom C1(A/1!E of order of distribution.
)nly after partition is appro'ed and not
before, the court may order the deli'ery
to the heirs of their respecti'e shares
e*cept when the heir file a bond
conditioned to pay the debts.

An order which determines the
distributi'e shares of heirs is appealable.
1f not appealed, it becomes final.
!he probate court lose $urisdiction o'er
the settlement proceedings only upon
payment of all debts and e*penses of the
obligor and deli'ery of the entire estate
to all the heirs. (*$5ol vs. Cano, 1
"C8A 1271)
CONDITIONS PRECEDENT #% 8e
c%5'(ied Ai#! &%" #!e iss-$nce %& $n
%"de" %& dis#"i8-#i%n
1. Showing that the e*ecutor,
administrator or person
interested in the estate applied
for suchF and
4. !he re9uirements as to notice
and hearing upon such
application ha'e been fulfilled.
PRO2I4ITION AGAINST INTERFERENCE
4Y OT2ER COURTS
As long as the order of distribution of
the estate has not been complied with,
the probate
probate proceedings cannot be deemed
closed and terminated, because a
$udicial partition is not final and
conclusi'e and does not pre'ent the
heirs from bringing an action to obtain
his share, pro'ided the prescripti'e
period therefore has not elapsed. !he
better practice, howe'er, for the heir
who has not recei'ed his share, is to
demand his share through proper motion
in the same probate or administrati'e
proceedings, or for the reopening of the
probate or administrati'e proceedings if
it had already been closed, and not
through an independent action, which
would be tried by another court or $udge
which may thus re'erse a decision or
order of the probate or intestate court
already final and e*ecuted and re-
shuffle properties long ago distributed
and disposed of. (*$5ol vs. Cano,
su1ra).
RULE D0
ESC2EATS
3 INSTANCES %& ESC2EATS
1. >hen a person dies intestate
lea'ing no heir but lea'ing
property in the &hilippines
(Section 1
4. R-2-RS1)( &R)"--51(6S 8 Sale
in 'iolation of the "onstitutional
pro'ision
3. 0nclaimed Balance Act under
Banking /aws
!$# is #!e 8$sis %& #!e s#$#eFs "i6!# #%
"ecei:e '"%'e"#9 in esc!e$#=
)rder of succession under the "i'il "ode,
the S!A!- is the last heir of the
decedent.
!% &i(es=
Solicitor 6eneral or his representati'e in
behalf of the &hilippines.
!e"e #% &i(e=
R!" of last residence or of location of his
estate in the &hilippines if he is a non-
resident.
S/ecial
11"
1f petition is sufficient in C)R# and
S0BS!A("- the court shall%
1. #ake an )R5-R )C :-AR1(6 8
hearing shall not be more than <
#)(!:S AC!-R -(!RE )C
)R5-R.
4. 5irect publication of the copy of
order 8 at least once a week for
< ")(S-"0!12- >--GS.
RE3UISITES
1. publication of the order
4. person died intestate
3. he is seiDed of real@personal
property in the &hilippines
,. he left no heir or person entitled
to such property
?. there is no sufficient cause to
the contrary
!he court, at the instance of an
interested party, or on its own motion,
may order the establishment of a
&-R#A(-(! !R0S!, so that only the
income from the property shall be used.
CLAIM 4Y PERSONS ENTITLED TO T2E
ESTATE (Sec. ,
!%=
By de'isee, legatee, heir, widow@er, or
other person entitled thereto
!en #% &i(e=
- >ithin ? E-ARS CR)# 5A!- )C
7056-#-(! otherwise fore'er barred.
OT2ER ACTIONS FOR ESC2EATS ,Sec) ?1
- actions for re'ersion of property
alienated in 'iolation of
"onstitution or any statute.
- !hese shall be go'erned by Rule
=1. :)>-2-R, the action must
be instituted in the pro'ince
where the land lies in whole or
in part.
Pe"i%d% >ithin ? 9e$"s from the date of
$udgmentF (under AR!. 1+1, of the "i'il
"ode, the ?-year period is reckoned from
the date the property was deli'ered to
the State and further pro'ides that if the
property had been sold, the municipality
or city shall be accountable only for such
part of the proceeds as may not ha'e
been lawfully spent.
49 A!%5% person of interest
TO 2OM ILL T2E PROPERTY
ESC2EATED 4E ASSIGNED: (Sec. 3
1. if personal property, in the
municipality or city where he
last resided.
4. if real property, where the
property is situated.
3. if deceased ne'er resided in the
&hilippines, where the property
may be found.
C$n c%-"# c%n:e"# esc!e$# '"%ceedin6s
in#% %"din$"9 s'eci$( '"%ceedin6s %"
:ice>:e"s$=
NO. !his is not allowed for the two
actions ha'e different re9uirements in
ac9uiring $urisdiction. 1n special
proceedings, publication is once a week
for 3 weeks while in escheat, once a
week for < weeks.
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 INCOMPETENT
1. any relati'eF or
4. 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"
1. any relati'eF
4. friendF or
3. other person on
behalf of the
resident incompe-
tent 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
S/ecial
11#
?. any one interested
in the estate of a
non-resident
incompetent
(Sec.14
?. any one interested
in the estate of a
non-resident
incompetent (Sec.
<
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
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
appointment. 1n such case, this Rule
shall be suppletory to the pro'isions of
the Camily "ode on 6uardianship.
C%n#en#s %& Pe#i#i%n
S/ecial
120
!he petition in'ol'ing minors is
re9uired to be 2-R1C1-5 and
accompanied by certification against
C)R0# S:)&&1(6 while that in'ol'ing
incompetent must be 'erified only.
:)>-2-R, no defect in the petition or
'erification shall render 'oid the
issuance of letters of guardianship.
!here is () re9uirement for
&0B/1"A!1)(, only notice -."-&! in case
of nonresident minor@incompetent.
:)>-2-R, ser'ice of ()!1"- upon minor
if 1, years of age or o'er, or upon
incompetent is mandatory and
$urisdictional.
1f the person is insane, ser'ice of notice
upon the 5irector of :ospital where
hospitaliDed is sufficient.
OPPOSITION TO PETITION (Sec. ,
G"%-nds
1. 5$<%"i#9 of alleged minor
4. c%5'e#enc9 of alleged
incompetent
3. -ns-i#$8i(i#9 of the persons for
whom letters are prayed
P"%ced-"e
a. filing of petition
b. court shall set the case for
hearing
c. cause notices to be ser'ed to
the persons mentioned in the
petition, including minor, if 1,
years and abo'e
d. court shall recei'e e'idence
e. declaration of the propriety of
the petition
f. issue letters of guardianship
4ONDS OF GUARDIANS
Before an appointed guardian enters
upon the e*ecution of his trust, he shall
gi'e a B)(5 (Sec. 1 Rule =,.
SELLING AND ENCUM4ERING PROPERTY
OF ARD:
A) G"%-nds
1. when income of estate is
insufficient to maintain ward
and family or to maintain and
educate ward when a minorF or
2. when it appears that it is for
the benefit of the ward.
4) Re7-i"e5en#s
1. petition must be 'erifiedF
4. notice must be gi'en to the
ne*t of kinF and
3. hearing so that they may show
cause why petition should not
be granted.
(otice to ne*t of kin and interested
persons is 70R1S51"!1)(A/.
Ne;# %& Iin > pertains to those relati'es
who are entitled to share in the estate
of the ward under the /aw on 1ntestate
succession including those who inherit
per stirpes or by right of representation.

Sale of the ward3s realty by the guardian
without authority from the court is 2)15.
0nder the law, a parent acting merely as
legal administrator of the property of
his@her children, does ()! ha'e the
power to dispose of, or alienate, the
property of said minor without $udicial
appro'al (L$nda$n vs. CA, 78 No. 95!05,
Au%. 20, 1992).
!he )rder of Sale must specify the
grounds.
C) D-"$#i%n %& #!e %"de" &%" s$(e $nd
enc-58"$nce %& '"%'e"#9 > >ithin 1
year from the granting of the order.
1t is presumed that if the property
was not sold within 1 year, the ward
has sufficient income.
!he authority to sell or encumber shall
not e*tend beyond 1 year unless
renewed by the court.
GENERAL POERS AND DUTIES OF
GUARDIANS
1. ha'e the care and custody of the
person of the ward, and the
management of his estate, or
the management of the estate
only, as the case may beF
S/ecial
121
4. pay the debts of the wardF
3. settle accounts, collect debts
and appear in actions for wardF
,. manage the estate of the ward
frugally, and apply the proceeds
to maintenance of the wardF
?. render ver$4$ed in'entory
'erified within 3 #)(!:S after
his appointment and annually
thereafter upon application of
interested personsF and
<. render to court for its appro'al
an accounting of the property
for 1 E-AR from his appointment
J e'ery year thereafter.
TERMINATION OF GUARDIANS2IP
A) G"%-nds &%" #e"5in$#i%n
MINOR INCOMPETENT
1. !he ward has
come of ageF or
4. has died
1. competency
of the ward has
been $udicially
determined
4. guardianship
is no longer
necessary
4) G"%-nds &%" "e5%:$( %& $
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 $nd SPECIAL RULES
FOUND IN T2E RULE ON GUARDIANS2IP
OF MINORS (A.#. (o. +3-+4-+?-S",
effecti'e #ay 1, 4++3)
A) G"%-nds &%" Pe#i#i%n (Sec. ,
1. "ontinued Absence, or
Incapacity or Death of his
parentsF (AID)
4. Suspension, Termination or
Depri'ation of parental
authorityF (STD)
3. Remarriage of his sur'i'ing
parent, if the latter is found
unsuitable to e*ercise parental
authorityF
,. >hen the best interest of the
minor so re9uires.
4) 3-$(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.
D) C$se S#-d9 Re'%"# (Sec. =
!he court shall order a social worker
to conduct a case study of the minor
and all prospecti'e guardians and
submit report and recommendation
to the court for its guidance before
the scheduled hearing.
S/ecial
122
E) 4%nd %& '$"en#s $s 6-$"di$ns %&
'"%'e"#9 %& 5in%" (Sec. 1<
1f the market 'alue of the property
on the annual income of the child
e*ceeds &?+,+++, the parent
concerned shall furnish a bond in
such amount as the court may
determine, but in no case less than
1+K of the 'alue of such property or
income, to guarantee the
performance of the obligations
prescribed for general guardians.
A 'erified petition for appro'al of the
bond shall be filed in the Camily "ourt of
the place where the child resides or, if
the child resides in a foreign country, in
the Camily court of the place where the
property or any part thereof is situated.
!he petition shall be docketed as a
summary special proceeding in which all
incidents and issues regarding the
performance of the obligations of a
general guardian shall be heard and
resol'ed.
REMOVAL OR RESIGNATION OF
GUARDIAN (Sec. 4,
(o motion for remo'al or resignation
shall be granted unless the guardian has
submitted the proper accounting of the
property of the ward and the court has
appro'ed the same.
G"%-nds &%" #e"5in$#i%n %&
6-$"di$ns!i' (Sec. 4?.
!he court 5o#u 1ro1$o or upon 'erified
motion of any person allowed to file a
petition for guardianship may terminate
the guardianship on the ground that the
ward has ")#- )C A6- or has 51-5. !he
guardian shall notify the court of such
fact within 10 da.s o4 $#s o22urren2e.
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
portion thereof, affected by the trust is
situated.
A trustee is necessary to carry into
effect%
a A will where the testator
omitted to appoint a trustee in
the &hilippines ,Tes#$5en#$"9
T"-s#1F and
b )ther written instruments where
the trustee therein declines,
resigns, dies, or is remo'ed
before accomplishment of trust
,C%n#"$c#-$( T"-s#1.
(o persons succeeding to a trust as
e*ecutor or administrator of a formal
trustee shall be re9uired to accept such
trust.
TRUSTEE APPOINTED A4ROAD (Sec. ,
>hen land in the &hilippines is held in
trust for a resident by a trustee who
deri'es his authority from abroad, such
trustee must petition the R!" where the
land is situated, otherwise, the trust will
be 'acant and a new trustee will be
appointed.
>hen a trust is created abroad for
property in the &hilippines, $udicial
appro'al is still needed though trustor is
ali'e.
4OND OF TRUSTEES (Sec. ?
(eglect of trustees to file a bond will be
interpreted by the court as resignation
or decline to accept the trust.
:owe'er, he may be e*empted from
bond when re9uested by%
a. testatorF
b. All persons beneficially
interested in the trust.
:owe'er, the court may cancel such
e*emption anytime.
REMOVAL OR RESIGNATION OF T2E
TRUSTEE (Sec. A
RE3UISITES
1. &etition filed by parties
beneficially interestedF
4. (otice to trusteeF and
3. :earing.
S/ecial
123
!% 5$9 'e#i#i%n=
&arties beneficially interested.
G"%-nds
1. essential in the interest of
petitioners
4. insanity
3. incapability of discharging
trustee
,. unsuitability
Rules on Sale and -ncumbrance of !rust
-state shall conform as nearly as may be
to the pro'isions on Sale and
-ncumbrance by 6uardians.
ADOPTION AND CUSTODY OF MINORS
!he pro'isions of the Rules of "ourt on
Adoption ha'e been amended by the
D%5es#ic Ad%'#i%n Ac# %& 0DDC and the
In#e"c%-n#"9 Ad%'#i%n Ac# %& 0DD?
EXCEPT: Secs < J ; of Rule ==
-ffecti'e August 44, 4++4, there is a
new Rule on Adoption.
NATURE AND CONCEPT OF ADOPTION
Adoption is a $uridical act, a proceeding
1( R-#, which creates between two
persons a relationship similar to that
which results from legitimate paternity
and filiation.
)nly an adoption made through the
court, or in pursuance with the
procedure laid down under Rule on
Adoption is 'alid in this $urisdiction.
PURPOSE OF ADOPTION
!he promotion of the welfare of the
child and the enhancement of his
opportunities for a useful and happy life,
and e'ery intendment is sustained to
promote that ob$ecti'e.
2AT DOES T2E COURT DETERMINE IN
ADOPTION CASES
1. capacity of the adopters
4. whether the adoption would be
the best interest of the child
Adoption is strictly personal between the
adopter and the adopted. (*eo4$2o vs.
)el >al)
RULES ON ADOPTION ,Secs) 0>*?1
DOMESTIC ADOPTION
2O MAY ADOPT
1. Any Cilipino "itiDen -
a of legal ageF
b in possession of full ci'il capacity
and legal rightsF
c of good moral characterF
d has not been con'icted of any
crime in'ol'ing moral turpitudeF
e emotionally and psychologically
capable of caring for childrenF
f in a position to support and care
for his@her children in keeping
with the means of the familyF
and
g at least 1< E-ARS older than the
adoptee.
4. Any alien possessing the same
9ualifications as abo'eF pro'ided%
a !hat his@her country has
diplomatic relations with the
&:1/1&&1(-SF
b !hat he@she has been li'ing in
the &hilippines for at least 3
")(!1(0)0S E-ARS prior to the
filing of the application for
adoptionF
c #aintains residence until the
adoption decree is enteredF
d "ertified to ha'e legal capacity
to adopt, by his@her countryF
and
e !hat his@her go'ernment allows
the adoptee to enter his@her
country as his@her adopted
son@daughter.
3. !he guardian with respect to the
ward after the termination of the
guardianship and clearance of his
financial accountabilities.
!he re9uirement of 1< E-ARS difference
between the adopter and the adoptee is
()! applicable if the adopter is%
1. the biological parent of the adoptee
4. the spouse of the adoptee3s parent
S/ecial
124
!he re9uirement on residency and
certification of alien3s 9ualification to
adopt may be >A12-5 for the following%
1. !he adoptee is a former Cilipino
citiDen who seeks to adopt a
relati'e within the ,
th
degree of
consanguinity or affinity.
2. )ne who seeks to adopt the
legitimate son@daughter of
his@her Cilipino spouse.
3. )ne who is married to a Cilipino
citiDen and seeks to adopt $ointly
with his@her spouse a relati'e
within the ,
th
degree of
consanguinity or affinity of the
Cilipino spouse.
2O MAY 4E ADOPTED
1. Any person below eighteen (1A
years of age who has been
$udicially declared a'ailable for
adoption )R 'oluntarily
committed to 5S>5.
4. !he legitimate child of one
spouse by the other spouse.
3. An illegitimate child by a
9ualified adopter to raise the
status to that of legitimacy.
,. A person of legal age
regardless of ci'il status, if,
prior to the adoption, said
person has been consistently
considered and treated by the
adopters as their own child since
minority.
?. A child whose adoption has been
pre'iously rescinded.
<. A child whose biological or
adopti'e parents ha'e died.
;. A child not otherwise
dis9ualified by law or these
rules.
GENERAL RULE: :usband and wife shall
$ointly adopt.
EXCEPTIONS:
1. 1f one spouse seeks to adopt the
legitimate son@daughter of the
other.
4. 1f one spouse seeks to adopt
his@her own illegitimate
son@daughter.
3. 1f the spouses are legally
separated from each other.
VENUE (Sec.<
Camily "ourt where the prospecti'e
adopti'e parents reside.
&etition shall be 'erified and specifically
state at the heading of the initiatory
pleading whether the petition contains
an application for a change of name,
rectification of simulated birth,
'oluntary or in'oluntary commitment of
children, or declaration of child as
abandoned, dependent or neglected.
A certification of non-forum shopping
shall be included pursuant to Section ?,
Rule ; of the 1==; Rules of "i'il
&rocedure.
PROCEDURE
A) ORDER OF 2EARING (Sec.14
- must be published at least once
a week for 3 ")(S-"0!12- >GS.
> at the discretion of the court,
copies of the order of hearing
shall be furnished to the office
of the Sol.6en. through the
pro'incial or city prosecutor, the
5S>5 and the biological parents
of the adoptee, 1C G()>(.
- if a change in the name of the
adoptee is prayed for in the
petition, notice to the Sol. 6en.
Shall be #A(5A!)RE.
4) C2ILD J 2OME STUDY REPORTS
(Sec.13
- social worker 'erifies with the
"i'il Registry the real identity
and the name of adoptee and
the fact that he is legally
a'ailable for adoption.
- social worker may make
recommendations to the court if
he finds some grounds to deny
the petition.
C) 2EARING (sec.1,
- to be held within < #)(!:S from
the date of issuance of the order
EXCEPT: in case of A&&/1"A!1)( C)R
":A(6- )C (A#- which hearing
must not be within , #)(!:S after
/AS! &0B/1"A!1)( nor within 3+
5AES 1r$or #o ele2#$on.
S/ecial
125
- the petitioner and the adoptee
must personally appear and the
former must testify in court.
D) SUPERVISED TRIAL CUSTODY ,STC1
(Sec.1?
Before issuance of decree of
adoption the court shall gi'e the
adopter trial custody of the adoptee
for at least < #)(!:S.
Re$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.
,. adopters shall ha'e reciprocal
rights of succession without
distinction from legitimate
filiation.
All hearings and records are
confidential. (Sec.1A
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 $udgment. :ence in
re'ocation, 'ested rights prior to
rescission should be respected.
!% &i(es=
1. A5)&!--
S/ecial
12
a o'er 1A years of age or
b if minor with assistance of
5S>5
4. 60AR51A( if o'er 1A but
incapacitated or ")0(S-/
G"%-nds
1. repeated physical 'iolence and
'erbal maltreatment by the
adopter despite ha'ing
undergone counselingF
4. attempt on the life of the
adopterF
3. se*ual assault or 'iolenceF or
,. abandonment or failure to
comply with parental
obligations.
Ven-e
CA#1/E ")0R! of the city or pro'ince
where the adoptee resides. (Sec. 4+
Pe"i%d Ai#!in A!ic! #% &i(e VERIFIED
'e#i#i%n (Sec. 41
? E-ARS from reaching age of ma$ority or
from reco'ery of incompetency.
Ad'erse party shall file his A(S>-R
within 1? days from receipt of order of
court re9uiring him to answer. (Sec. 44
EFFECTS OF JUDGMENT OF RESCISSION
1. parental authority or legal
custody will be restored
4. reciprocal rights of adoptee and
adopter will be e*tinguished
3. 'ested rights re9uired prior to
$udicial rescission shall be
respected
,. adoptee shall use the name
stated in his original borth or
foundling certificate
?. ci'il registrar will reinstate his
original birth or foundling
certificate
0nlike in re'ocation of guardianship,
re'ocation of adoption is a separate
proceeding from the adoption.
RULE DD/ SECTIONS B J 7
Sections < and ; of Rule == of the
Rules of "ourt referring to "ustody of
#inors are still 'alid pro'isions.
R-(e DD/ Sec#i%n B) P"%ceedin6s $s #%
c!i(d A!%se '$"en#s $"e se'$"$#ed)
!he 9uestion as to the care and custody
and control of a child or children of their
marriage is brought before a Regional
!rial "ourt by &etition or as an incident
to any other proceedings.
!en '$"en#s c%nside"ed -n&i# #% #$Ie
c!$"6e %& #!e c!i(d
1. by reason of moral depra'ity
2. habitual drunkenness
3. incapacity
4. po'erty
ORDER OF PREFERENCE in c$se #!e
'$"en#s $"e -n&i#
1. &arental@#aternal grandparents
2. "hild3s oldest brother or sister
3. Some reputable or discreet
person
4. Any suitable asylum, children3s
home or bene'olent society.
(o child under se'en (; years of age
shall be separated from its mother,
unless the court fins there are
compelling reasons therefor.
R-(e DD/ Sec#i%n 7) C-s#%d9 %& V$6"$n#
%" A8-sed C!i(d
J-"isdic#i%n $nd Ven-e
Camily "ourts of the territory where the
petitioner resides.
G"%-nds
1. &arents of the minor are deadF
2. &arents ha'e abandoned the
child by reason of long absence
or legal or physical impossibilityF
3. &arents cannot support the childF
4. &arents treat the child with
e*cessi'e harshnessF
5. &arents gi'e the child corrupting
orders, counsels or e*amplesF
6. &arents cause or allow the child
to engage in beggingF
7. &arents cause or allow child to
commit offenses against the law.
PROCEDURE
1. Ciling of &etition 8 by a reputable
resident of the pro'ince
S/ecial
12!
4. Show "ause )rder 8 directed to
parents or in case the parents
are dead or cannot be found,
re9uiring the fiscal of the
pro'ince to show cause, why the
child should not be taken from
its parents, if li'ing
3. :earing and )rder
,. Ser'ice of 7udgment 8 upon the
"i'il Registrar of the city or
municipality where the court
issuing the same is situated.
RULE 0E0
PROCEEDINGS FOR 2OSPITALIKATION
OF INSANE PERSONS
Ven-e
R!" of pro'ince where the person
alleged to be insane is found.
!% &i(es=
5irector of :ealth with assistance of city
or pro'incial fiscal.
Re7-isi#es
1. 5irector of :ealth is of the
opinion that the commitment of
the person alleged to be insane
is for &0B/1" >-/CAR- or for !:-
>-/CAR- of said person
4. Such person or one ha'ing
charge of him is opposed or his
being taken to hospital or asylum
DISC2ARGE OF INSANE (Sec. ,
5irector of :ealth may file this petition
when he is of the opinion that the person
is permanently or temporarily cured or
may be released without danger
RULE 0E*
2A4EAS CORPUS
2$8e$s c%"'-s e;#ends #%: (Sec.1
1. cases of illegal confinement or
detention by which a person is
depri'ed of his libertyF and
4. cases by which the rightful custody of
the person is withheld from the
person entitled thereto
!he restraint must be actual,
effecti'e and material. !he person need
not actually be confined as long as
freedom of action is limited. (-on2u1a
vs. /nr$le, 78 No. 61107, A1r. 26, 198!)
"i# %& 2$8e$s C%"'-s - a command
directed to the person detaining another,
re9uiring him to produce the body of the
person detained at a designated time
and place, and to produce and to show
cause and to e*plain the reason for
detention.
PURPOSE
!he essential ob$ect and purpose of the
writ of habeas corpus is to in9uire into
all manner of in'oluntary restraint as
distinguished from 'oluntary, and to
relie'e a person therefrom if such
restraint is illegal. (-on2u1a vs. /nr$le,
su1ra)
And any further rights of the parties are
left untouched by decision on the writ,
whose principal purpose is to set the
indi'idual at liberty. (>$llav$2en2$o vs.
LuAan)
!he pri'ilege of writ is so sacred that,
according to our ")(S!1!0!1)(, it shall
not be suspended e*cept in cases of
in'asion or rebellion when public
security re9uires it (Art. 111, Sec. 1?.
IN CASES OF ILLEGAL CONFINEMENT OR
DETENTION
GENERAL RULE: !he release, whether
permanent or temporary, of a detained
person renders the petition for habeas
corpus moot and academic.
EXCEPTION: >hen there are restraints
attached to his release which precludes
freedom of action, in which case the
court can still in9uire into the nature of
his in'oluntary restraint. (>$llav$2en2$o
vs. LuAan)
!e#!e" #!e S#$#e c$n "ese":e #!e
'%Ae" #% "e>$""es# $ 'e"s%n &%" $n
%&&ense $&#e" $ c%-"# %& c%5'e#en#
<-"isdic#i%n !$s $8s%(:ed !i5 %& #!e
%&&ense)
S/ecial
12"
>e hold that such a reser'ation is
repugnant to the go'ernment of laws
and not of men principle. 0nder this
principle, the moment a person is
ac9uitted on a criminal charge he can no
longer be detained or re-arrested for the
same offense. (-on2u1a vs. /nr$le)
GROUNDS FOR RELIEF
1. depri'ation of any fundamental
or constitutional right
4. lack of $urisdiction of the court
to impose the sentence
3. e*cessi'e penalty
Re7-isi#es &%" #!e iss-$nce %& #!e "i#
in c$ses 89 A!ic! #!e "i6!#&-( c-s#%d9
%& #!e 'e"s%n %& $ 5in%" is Ai#!!e(d
&"%5 #!e 'e"s%n en#i#(ed #!e"e#%
1. that the petitioner has the right
to the custody o'er the minor
2. that the rightful custody of the
minor is being withheld from the
petitioner by the respondent
3. that it is to the best interest of
the minor concerned to be in the
custody of the petitioner and not
that of respondent. ("o5on%
vs. CA, @anuar. !1, 1996)
:abeas "orpus can ne'er be a
substitute for appeal.

!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
permitted to perform the functions of a
writ of error or appeal for the purpose of
re'iewing mere errors or irregularities in
the proceedings of a court ha'ing
$urisdiction o'er the person and the
sub$ect matter. (7alve3, e# al. vs. CA, e#
al., 2!7 "C8A 685).
!he person on bail is not entitled to
habeas corpus because his detention is
legal and technical.
D%es :%(-n#$"9 "es#"$in# c%ns#i#-#e
!$8e$s c%"'-s=
As a 6-(-RA/ R0/-, NO. -."-&! when a
person restrained is a minor and the
petitioner is the father or mother or
guardian or a person ha'ing custody of
the minor.
2oluntariness is 'iewed from the point
of 'iew of the person entitled to
custody.
S-'e":enin6 E:en#s M$9 4$" Re(e$se
-'en if the arrest of a person is illegal,
super'ening e'ents may bar release of
discharge from custody. >hat is to be
in9uired into is the legality of detention
as of, at the earliest, the filing of the
application for the writ of habeas
corpus. (>elas2o vs. CA, @ul. 7,1995).
P"e(i5in$"9 Ci#$#i%n > issued by the
court to show cause whether or not the
writ should be issued
!% 5$9 6"$n# #!e 'e#i#i%n (Sec.4
1. S" or any member thereon
4. "A or any member thereof
3. R!" or any $udge thereof
,. #!" - in the absence of R!"
$udges
P"%ced-"e &%" 6"$n# %& A"i#
a. 'erified petition signed by the
party for whose relief it is
intendedF some other person in
his behalfF
b. allowance of writF
c. command officer to produceF
d. ser'ice of writ by sheriff or other
officerF
e. returnF and
f. hearing on return.
S/ecial
12#
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.
!en '"is%ne" 5$9 8e "e5%:ed &"%5
%ne c-s#%d9 #% $n%#!e" (Sec.1A
1. By legal process
4. &risoner is deli'ered to an
inferior officer to carry to $ail
3. By order of proper court or $udge
be remo'ed from one place to
another within the &hil. for trial.
,. 1n case of fire, epidemic,
insurrection or other necessity or
public calamity.
!en d%es c%-"# $c7-i"e <-"isdic#i%n
%:e" 'e"s%n %& "es'%nden#=
!he writ itself plays the role as summon
in ordinary actionsF court ac9uires
$urisdiction o'er the person of the
respondent BE #-R- S-R21"- )C >R1!.
APPEAL IN 2A4EAS CORPUS CASES
!he appeal in habeas corpus cases may
be taken in the name of the person
detained or of the officer or person
detaining him.
An appeal in habeas corpus cases shall
be perfected by filing with the clerk of
court or the $udge, within ,A hours from
notice of $udgment, a notice of appeal.
RULE ON CUSTODY OF MINORS AND
RIT OF 2A4EAS CORPUS
IN RELATION TO T2E CUSTODY OF
MINORS ,A)M) N%) E3>E.>E.>SC1
!% 5$9 &i(e Pe#i#i%n= (Sec.3
- A 'erified petition for the rightful
custody of a minor may be filed by any
person claiming such right.
!e"e #% &i(e 'e#i#i%n= (Sec.3
- Camily "ourt of the pro'ince or city
where the petitioner resides or where
the minor may be found.
P"%:isi%n$( O"de" AA$"din6 C-s#%d9
(Sec.13
As far as practicable, the following order
of preference shall be obser'ed in the
award of custody%
a. Both parents $ointlyF
b. -ither parent, taking into
account all rele'ant
considerations, especially the
S/ecial
130
choice of the minor o'er se'en
years of age and of sufficient
discernment unless the parent
chosen unfitF
c. !he grandparent or if there are
se'eral grandparents,
grandparent chosen by the minor
o'er se'en years of age and of
sufficient discernment, unless
the grandparent chosen is unfit
or dis9ualifiedF
d. !he eldest brother or sister o'er
twenty years of age unless he or
she is unfit or dis9ualifiedF
e. !he actual custodian of the
minor o'er twenty years of age,
unless the former is unfit or
dis9ualifiedF or
f. Any other person or institution
the court may deem suitable to
pro'ide proper care and
guidance for the minor.
Te5'%"$"9 Visi#$#i%n Ri6!#s (Sec.1?
!he court shall pro'ide in its order
awarding pro'isional custody appropriate
'isitation rights to the non- custodial
parent or parents, unless the court finds
said parent or parents unfit or
dis9ualified.
Pe#i#i%n &%" "i# %& 2$8e$s C%"'-s (Sec.
4+
shall be filed with the Camily
court.
shall be enforceable within its
$udicial region to which the
Camily "ourt belongs.
the petition may howe'er be
filed with the regular court in
the absence of the presiding
$udge of three Camily "ourt,
pro'ided howe'er that the
regular court shall refer the case
to the family "ourt as soon as its
presiding $udge returns duty.
petition may also be filed with
the S", "A, or with any of its
members and, if so granted the
writ shall be enforceable
anywhere in the &hilippines. !he
writ may be made returnable to

a Camily court or to any regular
court within the region where
the petitioner resides or where
the minor may be found for
hearing and decision on the
merits.
RULE 0E3
C2ANGE OF NAME
Ven-e (Sec. 1
R!" of the pro'ince in which he resides.
C%n#en#s %& Pe#i#i%n (Sec.4
1t shall set forth%
1. that petitioner is a bonafide
resident of the pro'ince where
petition is filed for at least three
years prior to the date of filingF
2. all names by which petitioner is
knownF
3. cause for change of nameF
4. name asked for.
&etition shall be signed and 'erified by
person desiring his name changed or
some other person in his behalf.
Re9uirement of 'erification is formal,
()! $urisdictional re9uisite. 1t is not a
ground for dismissing petition.
J-"isdic#i%n$( Re7-i"e5en#s
1. the 'erified petition should be
published for three successi'e
weeks in some newspaper of
general circulation in the
pro'inceF
2. that both the title and caption of
the petition and its body shall
recite%
a name @names or aliases of
the applicantF
b cause for which the change
of name is soughtF
c new name asked for. ("e2an
BoA vs. 8e1ul$2, 52 "C8A
!22).
2e$"in6 - shall not be within 3+ days
prior to an election nor within , #)(!:S
after the /AS! &0B/1"A!1)( of notice of
hearing.
S/ecial
131
E&&ec#s %& Disc"e'$nc9 in #!e Pe#i#i%n
$nd P-8(is!ed O"de"
!he defect in the petition and the order,
as to the spelling of the name of the
petitioner, is substantial, because it did
not correctly identify the party to said
proceedings.
G"%-nds &%" c!$n6e %& n$5e
1. name is ridiculous, tainted with
dishonor and e*tremely difficult
to write or pronounceF
2. conse9uence of a change of
statusF e.g. legitimated childF
3. necessity to a'oid confusionF
4. ha'ing continuously used and
been known since childhood by a
Cilipino name, unaware of her
alien parentageF
5. a sincere desire to adopt a
Cilipino name to erase signs of
former alienage, all in good faith
and without pre$udicing
anybody.
TITLE OF PETITION MUST CONTAINED
T2E FOLLONG
1. )fficial name (birth certificate 8
be 'ery particular with the
spelling because it may a'oid or
annul the proceedingsF it is
$urisdictionalF
2. all aliasesF and
3. name asked for.
All the names or aliases must appear in
the title or caption of the petition,
because the reader usually merely
glances at the title of the petition and
may only proceed to read the entire
petition if the title is of interest to him.
("e2an BoA vs. 8e1ul$2,su1ra).
A decree of adoption grants the adoptee
the right to use the adopter3s surname
but not to change the former3s first
name which relief must be sought in a
discrete petition under Rule 1+3.
(8e1ul$2 vs. 'ernande3, 78 N:.
117209, Feruar. 9, 1996.
Cor administrati'e procedure for
"hange of (ame, refer to Administrati'e
)rder 1, Series of 4++,. 1t only applies
to%
1. clerical errorsF and
4. innocuous errors.
RULE 0E7
A4SENTEES
A4SENTEE CONSE3UENCE
+-4 years --------
4 years to ; years &etition for
declaration of
absence may be filed
Beyond ; years
(absence of , years
under e*traordinary
circumstance
"onsidered dead for
all intents and
purposes e*cept for
purposes of
succession
Cor purposes of
marriage% , years
continuous absence
shall be sufficient for
present spouse to
remarry, 4 years only
under e*traordinary
circumstance
PURPOSE OF PETITION > to appoint an
administrator o'er the
properties of the absentee.
:ence, if absentee left no
properties, such petition is
unnecessary.
GROUNDS FOR TERMINATION OF T2E
ADMINISTRATION
1. absentee personally appears
through an agent
4. absentee death is pro'en and
heirs appear
3. third person appears showing
that he ac9uired title o'er the
property of the absentee
,. Actual or presumpti'e death
cannot be the sub$ect if it is the
onlt 9uestion or matter in'ol'ed
in a case or upon which a
competent court has to pass.
(LuAan vs. 8e1ul$2, 78 No.
8492, Feruar. 29, 1956)
S/ecial
132
N% inde'enden# $c#i%n &%" Dec($"$#i%n
%& P"es-5'#i%n %& De$#!
E;ce'#i%n: the need for declaration of
presumpti'e death for purposes of
marriage (Article ,1 of the Camily "ode.

RULE 0EC
CANCELLATION OR CORRECTION OF
ENTRIES IN T2E CIVIL REGISTRY
Republic Act (o. =+,A which was passed
by "ongress on Cebruary A, 4++1
substantially amended Article ,14 of the
(ew "i'il "ode, to wit%
SECTION 0) Authority to "orrect "lerical
or !ypographical -rror and "hange of
Cirst (ame or (ickname.L(o entry in a
ci'il register shall be changed or
corrected without a $udicial order,
e*cept for clerical or typographical
errors and change of first name or
nickname which can be corrected or
changed by the concerned city or
municipal ci'il registrar or consul
general in accordance with the
pro'isions of this Act and its
implementing rules and regulations.
!he abo'e law speaks clearly. "lerical or
typographical errors in entries of the
ci'il register are now to be corrected
and changed without need of a $udicial
order and by the city or municipal ci'il
registrar or consul general. !he ob'ious
effect is to remo'e from the ambit of
Rule 1+A the correction or changing of
such errors in entries of the ci'il
register. :ence, what is left for the
scope of operation of Rule 1+A are
substantial changes and corrections in
entries of the ci'il register. (Lee vs. CA,
7.8. No. 118!87, :2#oer 11, 2001).
Re7-isi#es %& Ad:e"s$"i$( '"%ceedin6s
1. &roper petition is filed where the
"i'il Registrar and all parties
interested are impleaded.
4. !he order of the hearing must be
published once a week for three
consecuti'e weeks.
3. (otice thereof must be gi'en to the
"i'il Registrar and all parties
affected thereby.
,. !he ci'il registrar and any person
ha'ing or claiming any interest under
the entry whose cancellation or
correction is sought may, within 1?
days from notice of the petition or
from the last date of publication of
such notice, file his opposition
thereto.
?. Cull blown trial.
&roceedings for the correction of
entries should not be considered as
establishing one3s status in a manner
conclusi'ely beyond dispute. !he status
corrected would not ha'e a superior
9uality for e'identiary purposes. !here is
no increase or diminution of substanti'e
right. (C+$ao Ben L$5 vs. Cosa, L- 40252,
)e2e5er 29, 1986)
PETITIONS FOR
C2ANGE OF
NAME
PETITIONS FOR
T2E CORRECTION/
CANCELLATION OF
ENTRIES
&etition to be filed
in the R!" where
the petitioner
resides
2erified petition filed
in the R!" where the
corresponding "i'il
registry is located
Solicitor 6eneral
must be notified by
ser'ice of a copy of
the petition.
"i'il registrar
concerned is made a
party to the
proceeding as a
respondent. !he
Solicitor 6eneral
must also be notified
by ser'ice of a copy
of the petition.
&etition is filed by
person desiring to
change his name
&etition is filed by
any person interested
in any A"!, -2-(!,
)R5-R or 5-"R--
)rder for hearing
shall be published
once a week for
three consecuti'e
weeks
)rder shall also be
published once for
three consecuti'e
weeks and court shall
cause reasonable
notice to persons
named in petition
Ser'ice of $udgment shall be upon the ci'il
register concerned
S/ecial
133
&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. (8e1ul$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 $udgment
rendered in the case, and affects
the substantial rights of the
person appealing, unless it be an
order granting or denying a
motion for a new trial or for
reconsideration.
ORDERS T2AT ARE NOT APPEALA4LE
1. )rder directing administrator to
take action to reco'er amount
due to the estateF
4. )rder made in administration
proceedings relating to inclusion
or e*clusion of items of property
in the in'entory of e*ecutor or
administratorF
3. )rder appointing special
administratorF
,. )rder granting or denying a
motion for new trial or for
reconsideration.
APPEAL IN
ORDINARY CIVIL
ACTION
APPEAL IN SPECIAL
PROCEEDINGS
&-R1)5%
1? days
3+ days
R-M01R-#-(!S
(otice of Appeal and
5ocket Cees
Record on Appeal and
5ocket Cees
(o e*tension #ay be e*tended on
meritorious grounds
S/ecial
134
VENUE AND JURISDICTION OF SPECIAL PROCEEDINGS
SPECIAL PROCEEDING VENUE JURISDICTION
1. Settlement of the -state Resident of the 5ecedent or
if the decedent is a non-
resident, place where he
had an estate
#!" if the gross 'alue of the
estate does not e*ceed &4++,+++,
or &,++,+++ in #etro #anila
R!" if the gross 'alue of the
estate e*ceeds the abo'e amounts
4. -scheat a. Pe"s%n dies in#es#$#e
(e$:in6 n% !ei" 8 Resident of
the decedent or if non-
resident, in the place where
he had an estate.
R!"
b. Re:e"si%n 8 >here the
land lies in whole or in part
R!"
c. Unc($i5ed 4$($nce 8
>here the dormant deposits
are located
R!"
3. Appointment of
6uardians
>here the minor or
incompetent resides
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
R!"
?. Adoption >here the adopter resides Camily "ourt
<. Rescission of Adoption >here the adoptee resides Camily "ourt
;. :abeas "orpus >here the detainee is
detained (if the petition is
filed with the R!"
S", "A, R!", #!" in the pro'ince
or city in case there is no R!"
$udge
S/ecial
135
A. "hange of (ame >here petitioner resides R!"
=. Appointment of
Representati'e of
Absentee@5eclaration of
Absence
>here the absentee resided
before his disappearance R!"
1+. "ancellation@"orrection
of -ntries in the "i'il
Registries
>here the corresponding
"i'il Registry is located
R!"
S/ecial

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