Escolar Documentos
Profissional Documentos
Cultura Documentos
Adoption
Family Home
Absence & Death, Declaration of
Rescission and revocation of adoption
Trustees
Settlement of Estate of Deceased Person
Insane persons, Hospitalization of
Name, Change of
Cancellation or Correction of Entries in the Civil Registry
Habeas Corpus
Appeals in Special Proceedings
Recognition of minor natural children, Judicial approval of
Guardianship and custody of children
Escheat
Section 2 – The rules for ordinary actions have suppletory application to the rules of Special Proceedings, if they
will not conflict with specific provisions of rules of special proceedings.
Venue of Action
GR: Uniform rule on venue of actions (Circular No. 13-95)
However, this rule shall not apply –
In those cases where a specific rule or law provides otherwise
Where the parties have validly agreed in writing before the filing of the action on the exclusive
venue
In the case of Polytrade Corp. vs Blanco, 30 SCRA 187, if the parties agree in writing
before the filing of the action that the same shall be filed exclusively in a certain
place, it cannot be filed in another place even if that other place is the resident of the
parties or the location of the real property involved.
Jurisdictional Amount
o MTC/ first level courts
w/in Metro Manila – value of estate does not exceed 400,000
outside Metro Manila – value of estate does not exceed 300,000
o RTC
w/in MM – estate exceeds 400,000
outside MM – estate exceeds 300,000
Venue
o Decedent was a resident of PH at time of his death, whether a citizen or an alien
RTC/MTC of the province where he was a resident at the time of his death
o Decedent is not a resident of PH at time of his death
RTC/MTC of any province where he has estate, real or personal
if the estate is found in different provinces, RTC/MTC first taking cognizance of the case shall
exercise jurisdiction to the exclusion of all other courts.
Jurisdictional Facts to be Established
o Death of the decedent
Rationale: Until death occurs, there is no subject matter over which it is possible for any
court to exercise jurisdiction.
o Residence
o Situs
How to Contest the Jurisdiction of the Court in Settlement of Estate Proceedings
o Lack of jurisdiction does not appear on record, Appeal
o If it appears on the record, Certiorari
Estate Settled Upon Dissolution of Marriage
o Death of one spouse
The community property shall be inventories, administered, and liquidated, and the debts be
paid, in the testate or intestate proceedings of the deceased spouse.
o Both spouse died
The conjugal partnership shall be liquidated in the testate or intestate proceedings of either.
Presumption of Death
o For purposes of settlement of estate, a person shall be presumed dead if absent and unheard from
for the periods fixed in the Civil Code. 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 same
proceeding.
Article 390 – Ordinary Absence
GR: 10 years
Exception: 5 years – if absentee person disappeared at age of 75 or above
Idea: Death under ordinary absence, death is presumed to have taken place after 10
years/ 5 years from disappearance. Then, succession will take place.
Article 391 – Qualified Absence/ Extraordinary Absence
Idea: Death under qualified/ extraordinary absence, death is presumed from the day
of disappearance, but he can be only be presumed dead after the lapse of 4 years
from disappearance
Instances:
o Person on board a vessel lost during a sea voyage or an airplane
o Person in the armed forces who has taken part in war
o Person who has been in danger of death under other circumstances
Effect of Reappearance of the Absentee (Article 392, Civil Code)
If reappears or w/o appearing his existence is proved
o He shall recover his property in the condition in which it may be found, and;
o The price of any property that may have been alienated or the property
acquired therewith
o However, he cannot claim either fruits or rents.
Note: In Eusebio vs Eusebio, domicile is defined if the following requisites are present namely; (1) capacity to choose and
freedom of choice; (2) physical presence at the place chosen; and (3) intention to stay therein permanently. On the other
hand, in Fule vs CA, the court explained the term "resides" which should be viewed or understood in its popular sense,
meaning, the personal, actual or physical habitation of a person, actual residence or place of abode. It signifies physical
presence in a place and actual stay thereat. In this popular sense, the term means merely residence, that is, personal
residence, not legal residence or domicile. Residence simply requires bodily presence as an inhabitant in a given place,
while domicile requires bodily presence in that place and also an intention to make it one's domicile. No particular length
of time of residence is required though; however, the residence must be more than temporary.
In sum, the term resides should not be constrictly construed to mean legal residence or domicile. It must
interpreted in its popular sense as a personal residence. Since residence simply requires bodily presence as an inhabitant
in a given place, while domicile requires bodily presence in that place and also an intention to make it one’s domicile or to
stay therein permanently.
A jurisdiction already vested in a court may not be divested either by the act of a private individual or by the action
of another court of the same rank. (De Borja vs Tan)
GR: If RTC/ MTC is acting as a probate court then as a probate court it only has limited jurisdiction.
Matters which should be instituted in a separate action if the court is a probate court:
Exception:
1. The question of ownership may properly be decided upon by the probate court if the
conflicting claimants as owners are all heirs of the decedent and they all agree to submit the
question of ownership for determination by the probate court.
2. During the process of inventory of the property of the estate of the decedent, in order to
determine whether or not certain properties should be included in such inventory, as
belonging to the decedent’s estate, the probate court may decide prima facie the ownership
of said properties.
Section 1 – if the decedent left no will and no debts and all the heirs are of age, or the minors are represented by
their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of
administration, divide the estate among themselves as they see fit by means of a public instrument filed in the
Office of the Register of Deeds.
If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in the
Office of Register of Deeds.
An additional requirement is need in the instances mentioned above, filing of bond with the said Register of
Deeds, in amount equivalent to the value of the personal property involved as certified to under oath by the parties
concerned and conditioned upon the payment of any just claim that may be filed under Section 4 of this rule.
Note: It shall be presumed that the decedent left no debts if no creditors files a petition for letters of administration w/in 2
years after the death of the decedent.
Facts of the extrajudicial settlement or administration shall be published in a newspapers of general circulation in
the manner provided in the manner provided in the next succeeding section; but no extrajudicial settlement shall be
binding upon any person who has not participated therein or had no notice thereof.
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o Administrator is appointed and he gathers the estate, makes an inventory, administers same
pending distribution, pays debts of the decedent and, under the orders of the administration
court delivers the net estate of those who are declared by the court to be entitled to it.
Exception:
If there is only one heir – affidavit of adjudication to be executed by such single heir
If the heirs cannot agree on partition – they may resort to Special Civil Action of
Partition under Rule 69
o Decedent left debts, whether there is a will or not, and the estate is not more than 10,000
Note: If the decedent left debts, partition in action is not proper, unless the heirs pay the debts.
o Execute a public instrument (Affidavit of Adjudication of Sole Heir) which shall contain:
Decedent dies on such date, time and place without any issue except the claimant
heir
He is the sole heir, narrating the facts: stating his age and civil status, including that
of his spouse, if any, mentioning their citizenship and residence
Decedent left no debts; or if there be any, the same had been fully paid, attaching
proof thereof
Exact locations
If land is agricultural land, it is duly covered by the proper agrarian law as duly
certified by the proper government agency
o Attach all requirements of law and rule, such as: (memorized at least 3 – 5)
o If there is a personal property, a bond of equal value of said personal properties, must be
posted by the claimant with the Registrar of Land Titles and Deeds, pursuant to Section 3,
Rule 74
o Registration of the Public Instrument with the Registrar of Land Titles and Deeds
Effect of an Extrajudicial Partition w/o Knowledge and Consent of the other co-heirs – ( No
Effect)
o It shall not prejudice said heirs who have the right to vindicate their inheritance regardless of
the lapse of 2 years. (Action reinvidicatoria/ Partition)
o Extrajudicial partition becomes mandatory on the part of the heirs of a decedent who left no
debts, if such extrajudicial partition is insisted by a majority or some of the heirs in their
opposition to an unnecessary administration proceeding. (Javier vs Magtibay)
Oral settlement of partition is valid and binding as among the parties as long as rights of
creditors and third persons are not involved. It may also resort to extrajudicial partition during the
pendency of a settlement proceeding, but in such case, they should submit the Deed of Extrajudicial
Partition to the court for verification that it does not prejudicially affect the rights of third persons, and
once approved by the court, the proceedings would have been legally terminated. The effect is that same
as extrajudicial settlement.
Requisites
o Publication
Venue
o Decedent, resident of Philippines at time of his death – MTC of the province where he was a
resident at the times of his death
o Decedent, not a resident of Philippines at time of his death – MTC of the province where any
of his estate, real or personal, is located
Note: Court in summary proceeding cannot pass upon the question of title, if the title to the property
subject of summary settlement proceeding is claimed by a 3 rd person, and not by a spouse or heir of the
decedent, the settlement court has no jurisdiction to pass upon the title. (Facatan vs Sanchez)
Procedure
o Petition must be filed in the MTC which acquires jurisdiction of the estate pursuant to the
provision of R75, ROC
o Petition must state the gross value of the estate, location and nature of the property and the
personal circumstance of the petitioner
o After filing of the petition, the court shall set a date for the hearing and a notice be given in an
ordinary form
o Notice of hearing on the petition shall be published once a week for 3 consecutive weeks in a
newspapers of general circulation in the province where the courts hold its session. The
same notice shall be served to all interested parties, if they are known.
o After hearing of the petition and the court finds the allegations to be true –
Directing the petitioner to pay all debts which are due and adjudicate the property to
the persons legally entitled to participate in the estate.
The order be recorded in the Registrar’s office if the property be a real estate.
o In summary proceeding, there is an adverse claim upon the title of the land –
Probate court has no jurisdiction to decide on the matter. The same should be
decided in a separate suit or proceeding.
If heirs filed a petition for Summary Settlement which value does not exceed 10,000 and such
petition was given due course, summary settlement of small value has been made w/o
appointment of an administrator. Then, later on it was found out that they omitted a parcel of
land. Can the summary settlement be reopened?
o NO. There was no reason to reopen the summary distribution as their rights to the remaining
property could be adjudicated in another action or proceeding.
No will shall pass either real or personal estate unless it is proved and allowed in the proper court.
Probate – is the act of proving before the competent court the due execution of a will by a person possessed of
testamentary capacity, as well as approval of said court.
Kinds of Probate
Not Necessary – Other known heirs, legatees, devisees and executor named in the
will (after testators death)
o Filed by Him; Holographic Will – no one contests the will (sufficient evidence of the
genuineness and due execution of the holographic will)
Devisee
Legatee
Second Phase – inquiry into the intrinsic validity of the provisions in the will and the distribution of the
property according to the will
Executor’s Duty
A person named in the will shall, w/in 20 days after he knows the death of the testator, or w/in days after
he knows that he is named executor if he obtained such knowledge after the death of the testator, present the will
to the court and shall signify if he accepts or refuses the duty.
Neglects to Deliver
Retaining Will
o If he is in custody of the will and neglects to deliver w/o reasonable cause when
ordered to do so – imprisoned until he delivers the will
Note: The probate of a will is a proceeding in rem and therefore notice by publication is necessary, to give notice
by publication is necessary, to give notice to the entire world, and when a probate is granted, the judgment of the
court is binding upon everybody.
The second phase of the will commence if the probate proper allows the will, and the order of allowance
is finally final. If the will is disallowed in the probate proper, there is no occasion to proceed the second phase.
Devisee
Executor
Legatee
If Will is Allowed
Court shall fix time and place for proving the will
Post notice of the time and place to be published 3 weeks successively in a newspaper of general
circulation – the first publication of the notice don’t need to be made 21 days before the date set for
hearing.
Proof Requirement
o Notarial Will – If no one contested the allowance of the will, the court may grant the
allowance of the will on the testimony of one of the subscribing witnesses only.
o Holographic Will – It shall be necessary that at least one witness who knows the handwriting
and signature of the testator explicitly declare that the will and signature are in the
handwriting of the testator.
Procedure
W/O Opposition
o Notarial Will – circumstances need only be proved by the testimony of one witness
Lost/ Destroyed
o Holographic Will – at least one witness knows the handwriting and signature of the testator
and declares that the will and signature is of the handwriting of the testator
Opposed
3 witnesses are necessary to testify on the fact that the will was entirely
dated, written and signed in the testator’s own hand
Not Opposed
1 witness is sufficient to testify on the fact that the will was entirely dated,
written and signed in the testator’s own hand
W/ Opposition
o The facts and circumstances must be established by all subscribing witnesses to the will and
the notary public before whom the will is acknowledged
Testator is alive
o Victim of fraud
Who Can Oppose
o In holographic will, the will must be entirely dated, written and signed in the testator’s own
hand. There is no need to establish testamentary capacity of the testator, or, that there was
no fraud, duress or undue and improper pressure and influence, which are required to be
established in cases of notarial wills.
No defects in the petition shall render void the allowance of the will, or the issuance of letters
testamentary or administration with the will annexed.
If the testator asks for the allowance by his own will, notice shall be sent only to his compulsory heirs.
Probate proper, deals with extrinsic validity, is a proceeding in rem, hence, if final, binding on the world as
to due execution and testamentary capacity.
Inquiry into the intrinsic validity and distribution of the property is a proceeding in personam, hence, not
binding to the whole world.
There is no prescriptive period for instituting probate proceedings – otherwise, the intent of the decedent
can easily be frustrated. (Rationale: “The wishes of the testator must be fulfilled.”)