ASSIGNMENT NO.

1
SPECIAL PROCEEDINGS
1. Define Special Proceedings:
ANS: It is an application to establish the status or right of a party on a particular fact or any
remedy other than an ordinary suit in a court of justice.
2. Distinguish special proceedings from a civil action:
ANS: Civil action is one by which a party sues another for enforcement or protection of a right,
or prevention or redress of a wrong. Special proceeding, on the other hand, is a remedy by
which a party seeks to establish a status, right or a particular fact.
3. Enumerate the Titles of Rules 72 109 of the Rules of Court:
ANS:
Rule 72

Subject Matter and Applicability of General Rules

Rule 73

Venue and Process

Rule 74

Summary Settlement of Estate

Rule 75

Production of Will. Allowance of Will Necessary

Rule 76

Allowance or Disallowance of Will

Rule 77

Allowance of Will Proved Outside of Philippines and

Administration of Estate Thereunder

Rule 78

Letters Testamentary and of Administration, When and to Whom

Issued

Rule 79

Opposing Issuance Of Letters Testamentary. Petition And Contest

For Letters Of Administration

Rule 80

Special Administrator

Rule 81

Bond of Executors and Administrators

Rule 82

Revocation of Administration, Death, Resignation, and Removal

of Executors or Administrators

Rule 83

Inventory and Appraisal. Provision for Support of Family

Rule 84

General Powers and Duties of Executors and Administrators

Rule 85

Accountability and Compensation of Executors and

Administrators

Rule 86

Claims Against Estate

Rule 87

Actions By and Against Executors and Administrators

Rule 88

Payment of the Debts of the Estate

Rule 89

Sales, Mortgages, and Other Encumbrances of Property of

Decedent

Rule 90

Distribution and Partition of the Estate

Rule 91

Escheats

Rule 92

Venue

Rule 93

Appointment of Guardians

Rule 94

Bonds of Guardians

Rule 95

Selling and Encumbering Property of Ward

Rule 96

General Powers and Duties of Guardians

Rule 97

Termination of Guardianship

Rule 98

Trustees

Rule 99
New Rule on
Adoption

Adoption and Custody of Minors

Rule 100

Rescission and Revocation of Adoption

Rule 101

Proceedings for Hospitalization of Insane Persons

Rule 102

Habeas Corpus

Rule 103

Change of Name

Rule 104

Voluntary Dissolution of Corporations

Rule 105

Judicial Approval of Voluntary Recognition of Minor Natural

Children

Rule 106

Constitution of Family Home

Rule 107

Absentees

Rule 108

Cancellation Or Correction Of Entries In The Civil Registry

Rule 109

Appeals in Special Proceedings

ALT ANS:
Sec. 1. Subject matter of special proceedings.
1. Rules 73-75
)
2. Rules 76-81
)
Settlement of Estate of
3. Rules 82-86
)
Deceased Persons
4. Rules 87-90
)
5. A.M. No. 03-02-05-SC Guardianship of Minors
6. Rules 92-97
Guardianship of Incompetents
7. A.M. No. 02-06-02-SC Adoption and Custody of Minors
8. Rule 98
Trustees
9. Rule 101
Hospitalization of Insane Persons
10. Rule 102
Habeas Corpus
11. Rule 103
Change of Name
12. Rule 104
Voluntary Dissolution of
Corporations
(Deemed repealed by the
Corporation Code,
Title XIV, Secs. 117-122)
13. Rule 105
Judicial Approval of Voluntary
Recognition of Minor
Natural Children
14. Rule 106
Constitution of Family Home
(Deemed repealed by the
Family Code, Arts. 252-253)
15. Rule 107
Absentees
16. Rule 108
Cancellation or Correction of
Entries
17. Rule 109
Appeals in Special Proceedings
4. May the rules on ordinary actions apply to special proceedings:
ANS: Yes. In the absence of special provisions, rules in ordinary actions may be applied in
special proceedings as much as possible and where doing so would not pose an obstacle to said
proceedings. Nowhere in the Rules of Court does it categorically say that rules in ordinary
actions are inapplicable or merely suppletory to special proceedings. Provisions of the Rules of

Court requiring a certification of non-forum shopping for complaints and initiatory pleadings, a
written explanation for non-personal service and filing, and the payment of filing fees for money
claims against an estate would not in any way obstruct probate proceedings, thus, they are
applicable to special proceedings such as the settlement of the estate of a deceased person.
(Sheker versus Estate of Alice Sheker, G.R. No. 157912 Dec 13, 2007)
5. Explain the following:
1.
2.
3.
4.
5.
6.
7.

8.

9.
10.
11.

12.
13.
14.

15.
16.

17.
18.
19.

Estate: refers to the mass of properties left by a deceased person

Testamentary Privilege: The rule that the contents of the testamentary dispositions
cannot be disclosed to any one, except upon death of the decedent.
Decedent: Refers to a person who died with or without a will.
Testator: A person who died with a valid will.
Testamentary Succession: It is the succession which results from the institution of an
heir in a testament executed in the form prescribed by law.
Settlement of estate: Settling the estate of the deceased means the declaration of all the
properties of the deceased real or personal and payment of the correct estate taxes.
Will: A will is nothing more than a species of conveyance whereby a person is permitted,
with the formalities prescribed by law, to control to a certain degree the disposition of his
property after his death.
Probate: This is the process of proving before a competent court the due execution of a
will by a person possessed of testamentary capacity and the compliance with the
solemnities prescribed by law, and its approval. In brief, probate is the authentication of
the will.
Reprobate: Process where the wills that are probated outside the Philippines are
required to undergo probate process in the Philippines
Executor: The person named by the testator in his will to implement his testamentary
dispositions or wishes and appointed by the court.
Letters Testamentary: An authority issued by the court to a person naming him as an
executor therein, if he is competent, accepts the trust, and gives bond as required by the
Rules.
Administrator: The person appointed by a court to administer the estate of a deceased
who died without a valid and effective will.
Letters of Administration: An authority issued by the court to a person after satisfying
the court that the decedent left no will or that there is no competent and willing executor.
Letters of Administration with a Will annexed: An order (document) issued by the
court to a person judicially appointed to administer the estate of a deceased who died
with a will but failed to name an executor, or if the executor so named, is either
incompetent or refused the trust.
Special Administrator: a court-appointed person who administers a court-defined part
of an estate during probate.
Ancillary Administration: the administration of a decedent's estate in a state other than
the Philippines or the place in which she lived, for the purpose of disposing of property
she owned there.
Legatee: A person to whom gift of personal property is given by virtue of a will.
Devisee: A person to whom gift of real property is given by virtue of a will.
Statute of Non-claims: the period fixed for the filing of claims against the estate.
1.
Period fixed by probate court must not be less than 6 months nor more than 12 months
from the date of first publication of the notice.
2.
Such period once fixed by the court is MANDATORY it cannot be shortened.
ex. Period fixed within 6 months
3.
SNC supersedes statute of limitations even if claim has not yet prescribed, it may be
barred by SNC.

20. Project of Partition: Towards the end of the proceedings in a settlement of estate petition,
a project of partition is usually prepared and presented to the court. The project of
partition is a proposal for distribution of the hereditary estimates and determines the
persons entitled thereto (Moran, Comments on the Rules of Court, 1997 ed., Vol. 3, pp.
688-689)

21. Trustee: A trust is a confidence reposed in one person, called the trustee, for the benefit
of another called the cestui que trust, with respect to property held by the former for the
benefit of the latter.
22. Escheat: Escheat is a proceeding whereby the real and personal property of a deceased
person in the Philippines, who died without leaving any will or legal heirs, become the
property of the state upon his death.
23. Guardianship: a trust relation in which one person acts for another whom the law
regards as incapable of managing his own affairs. The person who acts is called the
guardian and the incompetent is called the ward.
24. Adoption: Adoption is a juridical act, a proceeding in rem which creates between two
persons a relationship similar to that which results from legitimate paternity and
filiation.
25. Proceeding in Hospitalization of an insane person: Under Rule 101 of the Rules on Civil
Procedure, the proceeding in hospitalization of an insane person are the following:
1. A petition for the commitment of a person to a hospital or other place for the
insane may be filed with the Court of First Instance of the province where the person
alleged to be insane is found.
2. The petition shall be filed by the Director of Health in all cases where, in his
opinion, such commitment is for the public welfare, or for the welfare of said person
who, in his judgment, is insane and such person or the one having charge of him is
opposed to his being taken to a hospital or other place for the insane.
3. If the petition filed is sufficient in form and substance, the court, by an order
reciting the purpose of the petition, shall fix a date for the hearing thereof, and copy of
such order shall be served on the person alleged to be insane, and to the one having
charge him, or on such of his relatives residing in the province or city as the judge may
deem proper.
4. The court shall furthermore order the sheriff to produce the alleged insane
person, if possible, on the date of the hearing.
5. Upon satisfactory proof, in open court on the date fixed in the order, that the
commitment applied for is for the public welfare or for the welfare of the insane person,
and that his relatives are unable for any reason to take proper custody and care of him,
the court shall order his commitment to such hospital or other place for the insane as
may be recommended by the Director of Health.
26. Habeas Corpus: Habeas corpus is a Latin phrase which literally means you have the
body. It is a writ directed to the person detaining another, commanding him to produce
the body of the prisoner at a designated time and place, with the day and cause of his
capture and detention, to do, submit to, and receive whatsoever the court or judge
awarding the writ shall consider in that behalf.
27. Declaration of Absence: a declaration made in and with aid of court where a person is
absent in a prolonged period of time. The period is provided for under Articles 390 and
391 of the Civil Code.
28. Change of Name: A procedure under Rule 103 filed by a person interested to change his
name.
29. Petition for Correction of Entries: A procedure under Rule 108 filed by a person
interested in any act, event, order or decree concerning the civil status of persons which
has been recorded in the civil register, may file a verified petition for the cancellation or
correction of any entry relating thereto, with the Court of First Instance of the province
where the corresponding civil registry is located.
30. Writ of Amparo: It is a remedy available to any person whose right to life, liberty, and
security has been violated or is threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The writ covers
extralegal killings and enforced disappearances or threats thereof.

31. Writ of Continuing Mandamus: is a writ of Mandamus issued to a lower authority by

the higher authority in general public interest asking the officer or the authority to
perform its task expeditiously for an unstipulated period of time for preventing
miscarriage of justice.
OR: Awrit issued by a court in an environmental case directing any agency or
instrumentality of the government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until judgment is fully satisfied.
32. Writ of Kalikasan: The writ is a remedy available to a natural or juridical person, entity
authorized by law, peoples organization, non-governmental organization, or any public
interest group accredited by or registered with any government agency, on behalf of
persons whose constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or employee,
or private individual or entity, involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
6. SETTLEMENT OF ESTATE OF DECEASED PERSON:
a) What is the purpose of settlement of proceedings?
The purpose of the settlement proceedings of a decedents estate is, as a
proceeding in rem, bind the whole world, thus all persons having interest in the
subject matter involved, whether they were notified or not will be equally bound.
Moreover, the in a special proceeding for settlement of estate, the
petitioners seek to establish the status, right, or particular fact and subsequently
to be duly recognized as among the heirs of the deceased so that they can validly
exercise their right to participate in the settlement and liquidation of the estate of
the decedent consistent with the limited and special jurisdiction of the probate
court.

b) Which court has jurisdiction over settlements of estate?

Pursuant to RA 7691, the question as to which court shall exercise jurisdiction
over probate proceedings depends upon the gross value of the estate of the
decedent. In Metro Manila, the MUNICIPAL TRIAL COURT has jurisdiction on
the said proceeding if the value of the estate does not exceed P400,000.00,
otherwise, the REGIONAL TRIAL COURT has jurisdiction over the same.
Outside Metro Manila, Municipal Trial Courts, Metropolitan Trial Courts
and Municipal Circuit Trial Courts have jurisdiction over probate proceedings if
the gross value of the estate left by the decedent does not exceed P300,000.00
beginning April 16, 2004.
c)

Discuss the rules on venue in the settlement of estate?

1. The place of residence of the deceased is determinative of VENUE,
and it is upon this ground that in the Rules of Court, the province where the
estate of the deceased person shall be settled. Venue may be waived, the
submission of all affected parties to said proceeding is a waiver of objection to
this error.
2. Where the proceedings were instituted in two courts and the question
of venue is raised, the court in which the proceeding was first filed has exclusive
jurisdiction to resolve the same.

d) Explain the principle of exclusion or preferential jurisdiction in the settlement of

estate
The court first taking cognizance of the settlement of the estate of a
decedent, shall exercise jurisdiction to the exclusion of all other courts (Sec. 1).
e) What is the extent of jurisdiction of the Probate Court?
A probate court acting as such exercises limited jurisdiction. The said court is
primarily concerned with the administration, liquidation, and distribution of the
estate. In fact, the main function of the probate court is to settle and liquidate the

estates of the deceased persons either summarily or through the process of

administration. Thus, it has the authority to: (1) determine the heirs, and (2)
make a just and legal distribution of the estate. It is within the jurisdiction of the
probate court to approve the sale of properties of a deceased person by his
prospective heirs before final adjudication; to determine who are the heirs of the
decedent, the recognition of a natural child; the status of a woman claiming to be
the legal wife of the decedent; the legality of disinheritance of an heir by the
testator; and to pass upon the validity of a waiver of hereditary rights.

f)

What are the powers and duties of Probate Court?

(1) In probate proceedings, the court:
(a) Orders the probate of the will of the decedent (Sec. 3, Rule 77);
(b) Grants letters of administration of the party best entitled thereto or to
any qualified applicant (Sec. 5, Rule 79);
(c) Supervises and controls all acts of administration;
(d) Hears and approves claims against the estate of the deceased (Sec. 11,
Rule 86);
(e) Orders payment of lawful debts (Sec. 11, Rule 88);
(f) Authorizes sale, mortgage or any encumbrance of real estate (Sec. 2,
Rule 89);
(g) Directs the delivery of the estate to those entitled thereto (Sec. 1, Rule
90);
(h) Issue warrants and processes necessary to compel the attendance of
witnesses or to carry into effect their orders and judgments, and all other
powers granted them by law (Sec. 3, Rule 73);
(i) If a person defies a probate order, it may issue a warrant for the
apprehension and imprisonment of such person until he performs such
order or judgment, or is released (Sec. 3, Rule 73).
(2) The court acts as trustee, and as such, should jealously guard the estate and
see to it that it is wisely and economically administered, not dissipated (Timbol
vs. Cano, 111 Phil. 923).

g) May the Probate Court decide an issue of ownership?

No. In the case of Aranas vs Mercado, the Supreme Court ruled that questions of
title may be passed on provisionally, but the final determination of the ownership
of the property must be threshed out in a separate civil action and not in the
probate court.