Conceptual Approach to

Special Proceedings by Atty Legaspi

CHAPTER 1: BASIC CONCEPTS: CHAPTER 2: SETTLEMENT OF ESTATE OF DECEASED PERSON

(RULE 73)
Three main classes of action:
 This chapter tackles:
SPECIAL CIVIL ACTION CRIMINAL ACTION a. Proper Venue
PROCEEDINGS b. Jurisdiction
a remedy by which a one by which party one by which the c. Process to be observed and complied with in settling the
party seeks to sues another for the State prosecutes a estate of a deceased person whose succession is under
establish a status, a enforcement or person for an act or consideration
right, or a particular protection of a right, omission punishable
fact. or the prevention or by law SUCCESSION – a mode of acquisition by virtue of which property,
redress of a wrong. rights and obligation ot the extent of the value of the inheritance, of
 May either be a person are transmitted through his death to another or others
ordinary or either by his will or by operation of law.
special  ARISES: from the moment of death of the decedent
 Governed by  Right to inherit to settle the estate through judicial or
rules for extrajudicial settlement
ordinary civil
actions, subject Where estate of deceased persons settled (Sec 1, Rule 73)
to the specific “If the decedents is an inhabitant of the Philippines at the time of his
rules prescribed death, whether a citizen or an alien, his will shall be proved, or
for a special letters of administration granted, and his estate settled, in the Court
civil action of First Instance in the province in which he resides at the time of his
death, and if he is an inhabitant of a foreign country, the Court of
No formal pleadings Involves a formal First Instance of any province in which he had estate”
are required unless demand of one’s  NOTE: ALREADY AMENDED BY BP 129, par 4
the statute expressly right in a court of
so provides. justice in the Proper Courts (BP 129, par 4)
manner prescribed  In all matters of probate, testate and intestate, where gross
The remedy is by the court or by value exceeds:
granted generally the law a. 300K – MTC
upon an application b. 400K, in MM – RTC
or motion
 Judicial Settlement can be filed, depends on gross value, either:
An application or It is the method of a. 300K – MTC
proceeding to applying legal b. 400K, in MM – RTC
establish the status remedies according
or right of a party, or to definite Proper Place
a particular fact established rules a. Where the decedent last resides
b. If not resident, where the property is situated.
Types of cases of special proceedings (Sec 1, Rule 2)
1. Settlement of estate of deceased persons; Legal Requirement of proper venue be waived? YES, Procedural
2. Escheat defect can be waived by the opposing party by lack of proper
3. Guardianship and custody of minor children; objection
4. Trusteeship;  Wrong venue is merely a waivable procedural defect
5. Adoption and rescission of adoption;  Petitioner has waived the right to raise such objection or is
6. Hospitalization of insane persons; precluded from doing so by laches.
7. Habeas Corpus;
8. Change of Name; RESIDENCE DOMICILE
9. Judicial recognition of Filiation; Required bodily presence as an Requires bodily presence in that
10. Declaration of absence; and inhabitant in a given place. palce and also an intention to
11. Cancellation of correction of entries in the civil registry make it one’s domicile
Length of the time is not
Not under the ROC, but can still be categorized as special required. However, it must be
proceeding: more than temporary
12. Petition for writ of amparo
13. Petition for habeas data; HOW TO PROVE RESIDENCE OF THE DECEDENT FOR THE PURPOSE
14. Petition for declaration of nullity of marriage, annulment of OF DETERMINING PROPER VENUE IN JUDICIAL SETTLEMENT
marriage, and legal separation a. Recital in Death Certificate
15. Petition for recognition and enforcement of decision b. Decedent’s actual residence at the time of his death.
promulgated in foreign courts; and
16. The special rules of court on alternative dispute resolutions.

Applicability of rules of civil action (Sec 2, Rule 72)

 In the absence of special provisions – rules provided for in
ordinary actions shall be, as far as practicable, applicable in
special proceedings.
 Conceptual Approach to
Special Proceedings by Atty Legaspi

Pointed out in the Heirs of Ypon.

(Sec 1, Rule 73)
The court first taking cognizance of the settlement of the estate of a SPECIAL PROCEEDINGS CIVIL ACTION
decedent, shall exercise jurisdiction to the exclusion of all other a remedy by which a party one by which party sues another
courts. seeks to establish a status, a for the enforcement or
right, or a particular fact. protection of a right, or the
GR: The jurisdiction assumed by a court, so far as it depends: prevention or redress of a
a. on the place of residence of the decedent, or wrong.
b. of the location of his estate,  May either be ordinary or
 shall not be contested in a suit or proceeding special
 Governed by rules for
XPN: ordinary civil actions,
a. in an appeal from that court, in the original case, or subject to the specific rules
b. when the want of jurisdiction appears on the record. prescribed for a special civil
action
Note:
PROBATE COURT - Court exercising jurisdiction in a judicial  Heirship can only be made in a special proceeding because
settlement petitioners here are seeking the establishment of a status or
 Jurisdiction of Probate Court: right.
 Merely relates to:
a. Matters having to do with the settlement of the (to the determination of who are the lawful heirs can only be made
estate and the probate of wills of deceased person; in a special proceeding and not in an ordinary civil action)
and XPN:
b. Appointment and removal of administrators,  The need to institute a separate special proceeding for the
executors, guardian and trustees. determination of heirship may be dispensed with for the sake
 It cannot decide on the question of ownership of practicality:
 But for the purpose of determining whether a certain a. When the parties in the civil case had voluntarily
property should or should not be included in the inventory submitted the issue to the trial court and already
of estate proceeding – the probate court may pass upon presented their evidence regarding the issue of heirship,
the title, bust such determination is provisional, not and the RTC had rendered judgment
conclusive, and is subject to the final decision in a separate b. When a special proceeding had been instituted but had
action to resolve title. been finally closed and terminated, and cannot be re-
opened.
(to the determination of who are the lawful heirs can only be made
in a special proceeding and not in an ordinary civil action) Where estate settled upon dissolution of marriage (Sec 2, Rule 73)
GR: Question as to title to property should not be passed upon in a. When the marriage is dissolved by the death of the husband
the testate or intestate proceeding. That the question should be or wife – The community property shall be inventoried,
ventilated in a separate action. administered, and liquidated, and the debts thereof paid, in the
testate or intestate proceedings of the deceased spouse.
Purpose of the settlement of estate: to determine who are the
lawful heirs and their right to inheritance Note:
 Once proper liquidation has already been done and the net
Determination of who are the legal heirs: must be in the proper portion belonging to the deceased spouse is determined –
special proceedings in court, and not in an ordinary suit for recovery such portion will now be subject to testate/intestate
of ownership and possession of property. proceedings to be filed by the surviving spouse and the other
 Declaration of Heirship can be made only in a special heirs.
proceeding inasmuch as the petitioners here are seeking the
establishment of a status or right (Heirs of Ypon v Ricaforte) b. If both spouses have died – the conjugal partnership shall be
liquidated in the testate or intestate proceedings of either.
Ex. (Reyes v Enriquez)
 Alleged heirs of a decedent in whose name a property was Effect on creditors of spouses: After the death of either of the
registered sued to recover the said property through the spouses – no complaint against the conjugal partnership can be
institution of an ordinary civil action. brought against the surviving spouse.
 The court has consistently ruled that a declaration of heirship is  The claim must be made in the proceedings for the
improper in an ordinary civil action since the matter is within liquidation and settlement of the conjugal property
the exclusive competence of the court in a special proceeding.  Reason: Ipon the death of one spouse – the power of
administration of the surviving spouse ceases and is
DOCTRINE IN LITAM, SOLIVIO and GUILAS passed to the administrator appointed by the court having
 Adverse parties are putative heirs to the estate of a decedent or jurisdiction over the settlement of the estate
parties to the special proceedings for its settlement, if:  Surviving spouse is not even a de facto administrator such
a. Special Proceedings are pending, or that any conveyance made by him of any property
b. No special proceedings filed but there is, under the belonging to the partnership prior to liquidation of the
circumstances of the case, a need to file one mass of conjugal partnership property is void.
 Heirship should be raised and settled in said special
proceedings.

 Where special proceedings had been instituted but had been

finally closed and terminated or if a putative heir has lost the
right to have himself declared in the special proceedings as co-
heir and can no longer ask for its re-opening
 An ordinary civil action can be filed for his declaration
as heir in order to bring about the annulment of the
partition or distribution or adjudication of a
property/ies belonging to the estate of the deceased.
 Conceptual Approach to
Special Proceedings by Atty Legaspi

Process (Sec 3, Rule 73)

 In the exercise of probate jurisdiction, (CFI)MTC/RTC may issue
warrants and process necessary to:
a. compel the attendance of witnesses or
b. carry into effect theirs orders and judgments, and all other
powers granted them by law.

 If a person does not perform an order or judgment rendered by

a court in the exercise of its probate jurisdiction – it may issue a
warrant for the apprehension and imprisonment of such person
until he performs such order or judgment, or is released.

Presumption of death (Sec 4, Rule 73)

 For purposes of settlement of his estate, a person shall be
presumed dead if absent and unheard from for the periods fixed
in the Civil Code.

Note:
(Art 390, NCC)
a. Absence of 7 years, it being unknown WON the absentee
still lives – Presumed Dead for all purposes, except for
those of succession

b. Absence of 10 years, for the purpose of opening his

succession – Presumed Dead

c. If he disappeared after the 75 years old – Absence of 5

years is sufficient in order that his succession may be
opened.

The following shall be presumed dead for all purposes,

including the division of the estate among the heirs: (Art 391,
NCC)
a. A person on board a vessel lost during a sea voyage, or an
aeroplane – missing/has not been heard of for 4 years
since the loss of the vessel/aeroplane
b. A person in the armed forces who has taken part in war –
missing for 4 years
c. A person who has been in danger of death under other
circumstance and his existence has not been known for 4
years

 But if such person proves to be alive, he shall be entitled to the

balance of his estate after payment of all his debts.
 The balance may be recovered by motion in the same
proceeding.

Note:
 If the absentee appears, or without appearing his existence is
proved – he shall recover his property in the condition in which
it may be found. And the price of any property that may have
been alienated or the property acquired. But cannot claim
either fruits or rents. (Art 392, NCC)