SPECIAL PROCEEDINGS

What is a special proceeding?

Rule 1, section 3 (c): remedy which a party seeks to establish a right, status, or particular fact

What is the difference between Specpro, ordinary civil action, summary procedure?
Ordinary civil action: Rule 1, section 3 (a): civil action may be ordinary or special.
Summary procedure:

What special proceedings are provided in the rules?

Those in the Rules of court!! But take note that there are other special proceedings enforced by law like enforcement of arbitration
awards

How are special proceedings distinguished from summary judgment?

Are the rules in ordinary civil actions applicable in special proceedings?

Yes in some instances. Like filing and service of pleadings

Special Proceeding v. Ordinary Civil Action

Special Proceeding Ordinary Civil Action

there is only one party as a
general rule
commenced through a commenced through a
petition complaint
no responsive pleading is responsive pleading is called
required unless there is an an answer
oppositor
limited jurisdiction
no need for cause of action, there is a cause of action
you precisely go to court to which is the right violated
establish that particular right
15 day ordinary period of
appeal
Record on appeal is usually a record on appeal is not
required, multiple appeals required
are allowed
decree judgment

NOTE: there are some special proceedings that are to be filed in FAMILY COURTS/REGIONAL TRIAL COURT

SETTLEMENT OF ESTATES
Rule 86
In what courts should the estate of a deceased be settled?
It depends on:
 Jurisdiction – consider the gross value of the estate [exceeds 300k/400k depends if outside/inside Manila  RTC] if less
than that, MTC (if in Manila, MetroTC)
 Venue: Consideration is his residence, residence not domicile!! Physical habitation at the time of his death
 If the decedent is a non-resident file in the court having jurisdiction where any of his property can be found

NOTE: the court first taking cognizance excludes all other courts otherwise there will severable proceedings

When may you contest the assumption of jurisdiction of the court?

a. In an appeal from that settlement proceeding in the original case
b. When the want of jurisdiction appears on the record. In this case it is obvious, so you do not need to proceed. If the improper
venue is not patent then there must be evidence presented to show that there is want of jurisdiction.

How do you settle of a deceased married person?

If both of them die, then their estates can be settled in either of the proceeding.

What is the nature of probate proceedings?

They cannot resolve collateral matters, only those matters pertaining to the settlement of the estate.
Example: they can only settle those liquidation and distribution of estate
May the probate court decide on issue of ownership?
GR: NO.
Except:
a. When the parties to the settlement submit themselves to the court to resolve issue on ownership
b. Provisionally for purposes of inventory

What are the different kinds of settlement proceedings?

a. Principal -
b. Ancillary – decreed by foreign court or when some of properties are in foreign country

What is the nature of an estate?

It is in the nature of an artificial person however there is now a conflict in the jurisprudence that says it is not an artificial person.

What is the extent of jurisdiction of probate courts?

Merely on the settlement of estate

What warrants and processes may the courts may issue?

[Rule 73, section 3] In the exercise of probate jurisdiction, Courts of First Instance may issue warrants and process necessary to
compel the attendance of witnesses or to carry into effect their orders and judgments, and all other powers granted them by law.
The court may issue a warrant for the apprehension and imprisonment of a person [until s/he performs the order or judgment] if such
person does not perform the order or judgment rendered by a court in the exercise of its probate jurisdiction.

May the estate of an absentee be settled?