Preweek Final Specpro

SPECIAL PROCEEDINGS

REMEDIAL LAW PRE-WEEK SC, CA, Sandiganbayan If the action concerns public data files of government offices

SPECIAL PROCEEDINGS NOTE: X = Exception

Change of name If judicial - Where the person applying for the change of his name resides If administrative -

VENUES AND JURISDICTIONS Venue

Jurisdiction

If non-resident decedent - Province where he had estate Escheat

MTC - If estate's gross value does not exceed P300K (P400K in Metro Manila) RTC - If estate's gross value exceed MTC's jurisdiction

If decedent dies intestate and without heirs - Province where decedent last resided or where estate is If reversion - Province where land lies wholly/partially Guardianship

XXXXX

Where ward resides or where his property is located (if non-resident)

Family Court - If minor ward

XXXXX

If judicial - Where the concerned civil registry is located If administrative -

RTC - If other than minor ward RTC

If domestic - Where adopter resides If inter-country - Where adoptee resides (if filed with Family Court) If rescission of adoption - Where adoptee resides Habeas corpus

Family Court

Where detainee is detained (if filed in RTC)

SC (on any day and at any time, enforceable anywhere in the Philippines) Sandiganbayan (only in aid of its appellate jurisdiction) CA (in instances authorized by law, enforceable anywhere in the Philippines) RTC (on any day and at any time, enforceable only within its judicial district)

XXXXX

XXXXX

XXXXXX

Family Court or InterCountry Adoption Board Family Court

SC, CA, Sandiganbayan, RTC

Petitioner's residence or where the place the informaion is gathered/collected/store d, at the petitioner's option

RTC

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Local civil registry or Philippine consulate XXXXX

SETTLEMENT OF ESTATE OF DECEASED PERSONS o

Writ of amparo Where the threat or act/comission or any of its elements occurred, at any day and time) (if filed in RTC) Writ of habeas data

RTC

a) Local civil registry where the record sought to be changed is kept b) Local civil registry of XXXXX the place of residence of interested party (only if petitioner migrated to another place in the Philippines and it would be impractical to file in the place where records sought to be changed are kept) c) Philippine consulates XXXXX (only for Philippine citizens who reside in foreign countries) Declaration of absence and appointment of their representative Where absentee resided RTC before his disappearance

Trusteeship Where the will was allowed or where the property affected by the trust is located Adoption

Local civil registry or Philippine consulate XXXXX

a) Local civil registry where the record sought to be changed is kept b) Local civil registry of XXXXX the place of residence of interested party (only if petitioner migrated to another place in the Philippines and it would be impractical to file in the place where records sought to be changed are kept) c) Philippine consulates xXXXX (only for Philippine citizens who reside in foreign countries) Cancellation/correction of entries in the civil registry

Estate settlement Province of decedent's residence at the time of death

RTC

Estate settlement should be judicially administered through an administrator/executor. o X: 1) Extrajudicial settlement by agreement between/among heirs; 2) Summary settlement of estates of small value.

EXTRAJUDICIAL SETTLEMENT BY AGREEMENT BETWEEN/AMONG HEIRS o Substantive requisites: 1) The decedent left: a) No will; & b) No debts. 2) The heirs are all of age o If there are minors, they must be represented by their judicial/legal

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SPECIAL PROCEEDINGS

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REMEDIAL LAW PRE-WEEK

representatives duly authorized for the purpose. Procedural requisites: 1) Division of estate must be in a public instrument or by affidavit of adjudication in the case of a sole heir 2) Filed with proper registry of deeds. 3) Publication of notice of the fact of extrajudicial settlement at least once a week for 3 consecutive weeks. o Despite the publication in a newspaper, it is not binding on any person who has not participated or who had no notice. 4) Bond filed equivalent to the value of the personal property. o Required only when personalty is involved. o If real estate, it is subject to a lien in favor of creditors/heirs/etc. for the full period of 2 years from such distribution. The lien cannot be substituted by a bond.

SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE o Requisites: 1) Gross value of the estate must not exceed P10K. 2) Application must contain allegation of gross value of estate. 3) Date of hearing: a) Shall be set by court not less than 1 month nor more than 3 months from date of last publication of notice. b) Order of hearing published once a week for 3 consecutive weeks in a newspaper of general circulation. 4) Notice shall be served upon such interested persons as the court may direct. o A summary settlement is not binding upon heirs/creditors who were not parties or had no knowledge of it. 5) Bond in an amount fixed by the court (not value of personal property) conditioned upon payment of just claims under Rule 74, Sec. 4. Extra-judicial settlement No court intervention Estate's value is immaterial There must be no outstanding debts at the time of settlement Resorted to at the instance and by agreement of all the heirs Amount of bond is equal to the value of the personal property

Summary settlement Requires summary judicial adjudication Gross estate value must not exceed P10K Available even if there are debts (since the court will make provisions for payment) May be instituted by any interested party, even by a creditor of the estate, without the consent of all the heirs Amount of bond is to be determined by the court

JUDICIAL SETTLEMENT THROUGH AN ADMINISTRATOR/ EXECUTOR o Probate court’s authority limited to: 1) Extrinsic validity of the will. 2) Due execution thereof. 3) Testator’s testamentary capacity. 4) Compliance with the requisites or solemnities prescribed by law. o X: 1) Principle of practical consideration = Waste of time/effort/expense plus added anxiety, so court might as well meet head-

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2)

on the issues of the validity of the will’s provisions. Defects apparent on the face of the will.

ALLOWANCE OF WILL PROVED OUTSIDE THE PHILIPPINES o A will allowed/probated in a foreign country must be reprobated in the Philippines. o Administration of an estate extends only to the decedent’s assets in the state where it was granted. o Administrator appointed in one state has no power over property in another state. o Proof in the reprobate of the foreign will 1) The testator had his domicile in the foreign country; 2) The will has been admitted to probate in such country; 3) The fact that the foreign tribunal is a probate court; 4) The law on probate procedure of the said foreign country and proof of compliance therewith; 5) The legal requirements in said foreign country for the valid execution of the will. o Effects of reprobate: 1) Will to have the same effect as if originally proved and allowed in the Philippines. 2) Letters testamentary/administration annexed to will, extends to all estates in the Philippines. 3) After the payment of just debts and expenses of administration, estate is to be disposed of according to the will, so far as such will may operate upon it. o Residue to be disposed of as in cases of estates in the Philippines of nonresidents. EXECUTORS AND ADMINISTRATORS Executor Nominated by the testator and appointed by the court

Duty to present the will to court Testator may provide that executor may serve without bond (but the court may direct him to give bond to pay debts) Compensation may be provided for by the testator in the will; otherwise, Rule 85, Sec. 7 shall apply

Administrator Appointed by the court if the testator did not appoint, of if the appointee is incapacitated or refused No such duty Administrator must always give a bond

Compensation is to be governed by Rule 85, Sec. 7

Regular administrator

Special administrator

Appointment may be the subject of appeal

Appointment is an interlocutory order and may not be the subject of an appeal He cannot pay the estate's debts Appointed if there is delay in granting letters testamentary or letters of administration, or if the executor is a claimant of the estate he represents

One of the obligations is to pay the estate's debts Appointed if decedent died intestate or did not appoint an administrator, or if the appointee refused or is not qualified

STATUTE OF NON-CLAIMS

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SPECIAL PROCEEDINGS =

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Period fixed by the ROC for the filing of claims against the estate for examination and allowance. Must be made within the time fixed in the notice (not > 12 months nor < 6 months after the date of 1st publication). Otherwise, forever barred. o Even if the testator acknowledged the debt in his will and instructed the executor to pay such debt, the Statute of Non-Claims must still be complied with. o X: Belated claims = Claims not filed within the original period fixed by the court. o Any time before order of distribution is entered, creditor who failed to file his claim may be allowed to file within 1 month from the order allowing him. Statute of Non-Claims and Statute of Limitations must concur in order for a creditor to collect. A creditor barred by the Statute of Non-Claims may file a claim as a counterclaim in any suit that the executor/administrator may bring against such creditor. Applies only to claims that do not survive. Claims that do not survive: 1) Money claims, debts incurred by the deceased during his lifetime, arising from contract: a) Express or implied; b) Due or not due; c) Absolute or contingent. 2) Claims for funeral expenses or for the last illness of the decedent. 3) Judgment for money against decedent. Claims that survive = Actions that may be commenced directly against the executor and administrator. 1) Recovery of real/personal property (or any interest therein) from the estate. 2) Enforcement of a lien thereon. 3) Action to recover damages arising from tort.

ORDER FOR DISTRIBUTION OF ESTATE’S RESIDUE o Made after payment of all debts, funeral expenses, expenses for administration, allowance of widow, and inheritance taxes. o X: If the distributes or any of them gives a bond conditioned for the payment of said obligation, the order of may be made even before the payment of the debts and expenses. o Title to the property is vested from the finality of the order of distribution. o An order which determines the distributive share of heirs is appealable. If not appealed, it becomes final. o Advance distribution = Notwithstanding a pending controversy/appeal in estate settlement proceedings, court may permit that the estate’s parts which are not affected by the controversy/appeal be distributed.

WRIT OF HABEAS CORPUS = Writ directed to the person detaining another and commanding him to produce the body of the detained at a certain time and place, to do, to submit to and receive whatever the court shall consider in that behalf. o Kinds: 1) Preliminary citation = If the person is detained under governmental authority and the illegality of his detention is not patent from the petition for the writ, the court issues the citation to the government officer

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having custody to show cause why the writ should not issue. 2) Peremptory writ = If the cause of the detention appears to be patently illegal. Non-compliance with this is punishable. Writ extends to: 1) All cases of illegal confinement/detention by which any party is deprived of his liberty. 2) If the rightful custody of a person is withheld from the one entitled to it. o Writ shall not issue if the restraint is voluntary. o X: Writ is a proper remedy to enable parents to regain custody of a minor, even if the minor is in the custody of a 3rd person of his own free will. 3) If, as a consequence of a judicial proceeding: a) There is deprivation of a constitutional right resulting in the person’s restraint; b) The court has no jurisdiction to impose the sentence; or c) An excessive penalty was imposed, because the sentence is void as to the excess.

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WRIT OF AMPARO =

o o

Remedy if right to life/liberty/security is violated (or threatened to be so) by a public official/EE or a private individual/entity. Extralegal killings = Killings committed without due process of law. Enforced disappearances = Attended by: 1) Arrest/detention/abduction of a person by a government official or organized groups or private individuals acting with the in/direct acquiescence of the State; 2) Refusal of the State to disclose the fate/whereabouts of the person concerned, or refusal to acknowledge the deprivation of liberty, which places such persons outside the protection of the law.

WRIT OF HABEAS DATA =

Remedy if right to privacy is so violated (or threatened to be so) in gathering/collecting/storing data or information about aggrieved party's person/family/home/correspondence.

CANCELLATION/CORRECTION OF ENTRIES IN THE CIVIL REGISTRY Cancellation/ correction of entries in the civil registry (Rule 108) Judicial

Substantial changes (i.e. those affecting civil status, citizenship, nationality and substantial errors)

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Rule 103 (Change of name)

Correction of clerical or typographical error (RA 9048) Administrative: Local civil registrar or consul general (for nonresident citizens) Clerical/typographical errors and change in first/nick name

Rule 108 (Cancellation/ correction of entries in the civil registry)

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SPECIAL PROCEEDINGS Petition to be filed in the RTC where the petitioner resides Civil registar is not a party to the proceeding

Petition is filed by person desiring to change his name

Order for hearing shall be published once a week for 3 consecutive weeks. No mention of causing notice to be sent

REMEDIAL LAW PRE-WEEK

Verified petition filed in the RTC where the corresponding civil registry is located Civil registrar concerned is made a party to the proceeding as a respondent. The OSG must also be served a copy of the petition Petition is filed by any person interested in any act/event/order/decree concerning the civil status of persons Order for hearing shall be published once a week for 3 consecutive weeks AND the court shall cause reasonable notice to be given to persons named in the petition

APPEALS IN SPECIAL PROCEEDINGS o

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Appealable orders/judgments: 1) If it dis/allows a will; 2) If it determines who are the lawful heirs or the distributive shares; 3) If it wholly or partially dis/allows a claim against a decedent’s estate, or any claim presented on the estate’s behalf in offset to a claim against it; 4) If it settles the account of an executor/administrator/trustee/guardian; 5) If it constitutes a final determination in the lower court of the rights of the party appealing, in proceedings relating to estate settlement or administration of a trustee/guardian; o X: Appointment of a special administrator is not appealable. 6) If it is the final order/judgment rendered in the case, and affects the substantial rights of the person appealing. o X: Orders granting/denying a MFR/MNT. While some of the items listed may be considered as interlocutory under ordinary civil actions, the nature of special proceedings declares them as appealable and as exceptions to Rule 41, Sec. 2.

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