SPECIAL PROCEEDINGS

De Leon & Wilwayco

CHAPTER ONE

Civil Action Distinguished from Special Proceedings

 Action - is a formal demand of one's legal rights in a court of justice in a manner prescribed by the court or by the law.
 Civil action - one by which a party sues another for the enforcement or protection of a right or the prevention or
redress of wrong. Adversarial in nature and involves two parties.
 Special Proceeding - pertains to a remedy by which a party seeks to establish a status, a right, or a particular fact. Non-
adversarial in nature and may only involve one party, except if there are oppositors against the establishment of the
right.

Nature of Special Proceedings

 Non-adversarial, usually starts "In the Matter of the Intestate Estate of...." or "In Re: Petition for Appointment of
Guardian Ad Litem of the Minors...."
 May remain non-adversarial if there is no oppositors.

Subject Matter and Applicability (14 enumerations)

 Applicable in the following cases: (not exclusive list - as long as the remedy seeks the establishment of a right, status,
or particular fact)
o Settlement of Estate of Deceased Person; o Change of Name;
o Escheat; o Voluntary dissolution of corporations;
o Guardianship and custody of children; o Judicial approval of voluntary recognition
o Trustees; of minor children;
o Adoption; o Constitution of family home;
o Recission and revocation of adoption; o Declaration of absence and death;
o Hospitalization of insane persons; o Cancellation or correction of entries in
o Habaes Corpus; civil registry.

Note: must be liberally construed in order to promote their objective of securing a just, speedy, and inexpensive disposition of
every proceedings

CHAPTER TWO

When succession vests

 Rights to succession are transmitted from the moment of death of the decedent.

Modes of settlement of estate

 Summary settlement of estate of small value
 Partition
 Settlement through letters testamentary or letters of administration with or without the will annexed

Proceedings for settlement of estate

 Jurisdiction will depend on the gross value of the estate concerned.
o MTC - does not exceed P300K for provinces, P400K if Metro Manila
o RTC - more than the above value

Note: Rule 73, Section 1 - relates to venue, not Jurisdiction

 Inhabitant of the Philippines at the of death, whether a citizen or alien - Court of First Instance in the province which he
resides.
 Inhabitant of a foreign country (only Filipino Citizens) - Court of First Instance of any province which he had estate.
 NOTE: Jurisdiction assumed by the court cannot be contested in the suit. Except, if on appeal or want of jurisdiction
appears on the record.
 NOTE: venue = residence, may be waived if not brought upon. Residence refers to actual or physical residence and not
legal residence or domicile.

Extent of jurisdiction of probate court

 Exercises limited jurisdiction - concerns only with the administration, liquidation, and distribution of estate.
 It has authority to:
o determine the heirs
o make a just and legal distribution of the estate
 SPECIAL PROCEEDINGS
De Leon & Wilwayco

Jurisdiction over questions of title to property

 General rule - a probate court cannot adjudicate or determine title to properties claimed to be a part of the estate and
equally claimed as belonging to outside parties.
 Exception - court may pass upon the title for the determination of inventory of total estate. However, it is subject to a
separate action regarding ownership.

NOTE: Order of inclusion or exclusion merely provisional and interlocutory

Exceptions to probate court's limited jurisdiction

 A court may pass issue on title of ownership, provided, that the parties are the heirs who have all appeared in the
proceeding AND rights of third parties are not impaired.

Note: creditors cannot sue against surviving spouse in an ordinary proceeding for collection of sum of money chargeable against
the CONJUGAL property. Proper remedy is for the creditor to file a claim against the settlement of the estate of the decedent.

Note: if both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.

Presumption of death for purposes of succession

 Presumption of death to arise - 7 years
 For rights of succession - 10 years
 If 75 above - 5 years is enough for rights of succession
 Absence of 4 years is enough in the following:
o a person on board a vessel lost during a sea voyage or an aeroplane which is missing;
o a person in the armed forces who has taken part in war and has been missing;
o a person who has been in danger of death under other circumstances and his existence has not been known for
4 years
NOTE: if the absentees returns, he/she may recover the balance of one's estate after payment of all debts. Absentee may
recover if price of the alienation of property is paid, but is not entitled to the fruits and rents thereof.

Effects of absence on contingent rights of absentees: (READ Art. 393-395 of the NCC)

CHAPTER THREE

Extrajudicial settlement by agreement

Requisites:
 Decedent died intestate
 There are no outstanding debts at the time of settlement
 Heirs re all of legal age or minors represented by judicial guardians or legal representatives
 The settlement is made in a public instrument or by means of an affidavit, in case of a sole heir, duly filed with the
Register of Deeds
 Publication of extrajudicial settlement in newspaper of general publication in the province once a week for three
consecutive weeks
 Filing of bond equivalent to the value of personal property posted with Register of Deeds

Note: Oral partition is valid, per jurisprudence, as the rules requires formality as an essential requisite. Provided, also, that there
are no creditors and no rights of third party is involved.

NOTE: Publication is not a constructive notice to legal heirs who had no knowledge or did not take part. Publication is for the
protection of creditors and was never intended to deprive heirs of their lawful participation in the decedent's estate.

Summary settlement of estates of small value

Requisites:
 The complaint must allege that the gross value of the estate of the deceased does not exceed P10,000.00
 A bond has been duly filed in an amount fixed by the court
 A proper hearing is held not less than one month nor more than three months from date of last publication of notice.

Extrajudicial Settlement Summary Settlement

No court intervention required Judicial adjudication although summary
The value is immaterial Gross value of the estate must not exceed P10,000.00
Allowed only in intestate succession Allowed in both testate and intestate succession
No outstanding debts at the time of settlement Available even if there are debts; courts will make provision for payment
Resorted and agreed by all heirs May be instituted by any interested party
Amount of bond = value of the personal property Amount of bond is determined by the court
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De Leon & Wilwayco

Remedies of aggrieved parties after the extrajudicial or summary settlement of estate

 Instances when an heir may be compelled to settle the decedent's estate in court:
o there has been undue deprivation of lawful participation on the estate on the part of an heir or other
interested person;
o there exists debts against the estate; or
o there has been undue deprivation of lawful participation payable in money on the part of an heir or other
interested person
NOTE: an heir or interested person who was able to participate either in the extrajudicial or summary settlement of estate has
two (2) years after the settlement and distribution to assail its validity.

CHAPTER IV

Kinds of Will
 Notarial Will - acknowledged by a notary public by the testator and attesting witness, governed by Art. 804-809 of the
NCC
 Holographic Will - one entirely written, dated, and signed by the testator himself.

Interpretation of Wills
 In case of doubt, it is construed in favor of the intention of the testator.
 Cannot be the subject of a compromise agreement which would thereby defeat the very purpose of making a will

Will - an act whereby a person is permitted, with the formalities prescribed by law, to control a certain degree the disposition of
this estate, to take effect after his death.
Probate - a judicial act whereby an instrument is adjudged valid and is ordered to be recorded. It is the statutory method of
establishing the proper execution of an instrument and giving notice of its contents.

A will is allowed provide:

 the formalities of the law have been complied with;
 the capacity of the testator has been established;
 the will is genuine, all which refer to the extrinsic validity of a will

NOTE: Probate of a will is mandatory as required by public policy

Note: Probate court does not look into the intrinsic validity if extrinsic validity has been passed upon. Except, when a will is void
on face value.

Duties of Custodian
 Custodian refers to a person who receives a will with knowledge, or under such circumstances that he ought to have
known that he was receiving custody of a will.
 Mere holding is not outright custodianship.
 He/she is chosen by a testator in advance, which create a bailor-bailee relationship.
 Obligated to keep and preserve safely until the death of the testator, must not reveal to anyone the contents.
 Is not obliged to know the actual death of the testator
 Custodian must deliver the will to the clerk of court in the place where the decedent last reside, after a reasonable time
after the testator's death.

Duties of Executor
 Given 20 days from either knowledge of the testator's death or knowledge that one has been named executor
 Given also the same period for acceptance and once accepted, creates a moral obligation or trust.