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VENUES AND JURISDICTION FOR SPECIAL PROCEEDINGS

Settlement of the
Estate of
a Deceased Person

Residence of the decedent


If non-resident, place where he had an estate

Escheat

Person dies intestate leaving no heir Residence


of the
decedent or if non-resident, place where he had
estate
Reversion where land lies in whole or in part
Unclaimed Balances Act where deposits are
located
Where minor resides
Where incompetent resides
Where will was allowed or
Where the property or portion thereof affected by
the
trust is situated
Domestic where adopter resides
Inter-country Adoption ICAB or, where adoptee
resides
if filed with the Family Court
Where adoptee resides
If filed with RTC, where detainee is detained

Appointment of
Guardians
Appointment of
Trustees

Adoption

Rescission of Adoption
Habeas Corpus

Habeas Data

Amparo

Change of Name

Appointment of
Representative of
Absentee/ Declaration
of
Absence
Cancellation /
Correction of
Entries in Civil

For the custody of minors, where petitioner


resides or
where minor may be found
Where the petitioner or respondent resides, or
that which has jurisdiction over the place where
the data or
information is gathered, collected, or stored, at
the option of the petitioner
Where the threat, act or omission was committed
or any
of its elements occurred
Judicial - where petitioner resides
Administrative:
(a) Local civil registry where the record sought to
be
changed is kept
(b) Local civil registry of the place of residence of
the
interested party (only if petitioner migrated to
another
place in the Philippines and it is impractical to file
where records sought to be changed are kept)
(c) Philippine consulates only for non-resident
citizen
Where Absentee resides before his
disappearance

Judicial - Where corresponding civil registry is


located
Administrative - Same as change of name

MTC if gross value of the estate does


not exceed P300,000, or does not
exceed P400,000 in Metro Manila
otherwise, RTC
RTC

RTC
RTC
Family Court
RTC
RTC

Family Court
ICAB or Family Court

Family Court
SC, CA, RTC, MTC in the province or
city in case there is no RTC judge
Sandiganbayan, only in aid of its
appellate jurisdiction
Family Court, CA, SC

RTC generally
If concerning public data
files or government offices, SC, CA
or
Sandigabayan
RTC, Sandiganbayan, CA, SC or any
justice hereof
RTC
Local Civil Registry / Philippine
Consulate

RTC

RTC
Local Civil Registry/ Philippine

Registries
Petition for declaration
of
nullity, annulment, legal
separation

Where petitioner or respondent has been residing


for at
least 6 months prior to the date of filing
If non-resident petitioner, where he may be found
at the election of the petitioner

MODES OF SETTLEMENT OF ESTATE [HERRERA]


(1) Extrajudicial Settlement of Estate [Rule 73, Section 1]
(2) Summary Settlement of Estate of Small Value [Rule 74, Section 2]
(3) Partition [Rule 69]
(4) Probate of Will [Rule 75-79]
(5) Petition for Letters of Administration [Rule 79]

Consulate
Family Court

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