R72 – Subject Matter of Special Proceedings – A FART S IN CHARGE

 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.

Effect of Death of a Party

The heirs of the deceased may be allowed to be substituted for the deceased without requiring the
procurement of a legal representative.
o Dies Before Entry of Final Judgment
- Shall not be dismissed but shall instead to be allowed to continue until entry of final
judgment.

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.

R73 – Venue and Process

 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:

1. Counterclaim for moral damages

2. Questions of ownership of property

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.

R74 – Summary Settlement of Estates

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 they disagree, they may do so in an ordinary action of partition.

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.

This section refers to extrajudicial settlement.

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How Estates of Deceased Settled

 General Rule: By Administration Proceedings

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:

o Decedent lefts no will and no debts

 Extrajudicial among heirs

 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

 A petition in court for summary settlement of estate of small value, where

administrator or executor is no longer necessary

Note: If the decedent left debts, partition in action is not proper, unless the heirs pay the debts.

Adjudication of Sole Heir

 Procedure (memorize the circle with no shade)

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

 The specific properties, real or personal, with:

 Specific descriptions including Title No., Tax Declaration No., etc.

 Exact locations

 Assessed, market or fair market

 Improvements with its values

 Taxes been full paid

 If land is agricultural land, it is duly covered by the proper agrarian law as duly
certified by the proper government agency

 If the decedent and/ or claimant is a member of the cultural community, a certification

to such an effect should be stated

o Attach all requirements of law and rule, such as: (memorized at least 3 – 5)

 Muniments of Title of the properties involved

 Death Certificate of the decedent

 Birth Certificate of the heir

 Certificate of Non-Tax Delinquency from the local treasurer

 CARP Certificate; if necessary

 Cultural Community Membership; if applicable

  Proof of publication of the notice such as the Affidavit of Publication and the 3
clippings of the published notice

 Proof of payment of the Estate Tax w/ the BIR

 Proof of payment of the Transfer Tax

o Payment of the Estate Tax

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 Payment of Transfer Tax

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)

 When shall extrajudicial partition becomes mandatory?

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)

Note: Extrajudicial partition is not compulsory, merely permissive.

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.

Summary Settlement of Estates of Small Value

 Requisites

o Gross value of estate not exceeding 10,000

o Application is filed in MTC

o Publication

o Proper notices as ordered by the court are complied with

o Debts, if there be any, are all paid

 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 –

 Issue an order granting the petition and

 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 court shall order the petitioner to pay cost and

 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.

R75 – Production of Will; Allowance of Will Necessary

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

 During Testator’s Lifetime

o Filed by Testator Himself – no newspaper publication is necessary

o Filed by Him, To Whom Notices be Sent

 Mandatory – Compulsory Heirs

 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)

 After Testator’s Death

o Who may file for probate - DEAL

 Devisee

 Executor named in the will

 Any interested person

 Legatee

2 Stages of Probate of Will

 Probate Proper – deals with the extrinsic validity

 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

o He shall be fined not exceeding 2,000

 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.

R76 – Allowance or Disallowance of Will

Who May File – DELTA

 Devisee

 Executor

 Legatee

 Testator, during his lifetime

 Any person who has interest in the estate

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

o The opposition must be made in writing

 Grounds for Opposition

 Testator is alive

 Will is not executed in accordance to law

 At the time that the will is made, the testator

o Not of sound mind

o Under duress, menace, undue influence

o Victim of fraud
  Who Can Oppose

 Any interested person (legal/ testamentary heir, creditor)

 Distinction; Notarial and Holographic Will as to Proof

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.

Notes: Time to probate the will does not prescribe.

The rule on res judicata does not apply.

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.”)