I.

JURISDICTION, DEFINITION, NATURE

A. Definition and Nature of Special Proceedings and Rules Applicable

1. Rule 1, sec. 3(c) viz Rule 72, sec. 1; Rule 2, secs. 1-2

Rule 1, Sec. 3: A special proceeding is a remedy by which a party seeks to establish a status, a
right, or a particular fact.

Rule 72, Sec. 1: Subject matter of special proceedings. — Rules of special proceedings are
provided for in the following cases:

(a) Settlement of estate of deceased persons;

(b) Escheat;

(c) Guardianship and custody of children;

(d) Trustees;

(e) Adoption;

(f) Rescission and revocation of adoption;

(g) Hospitalization of insane persons;

(h) Habeas corpus;

(i) Change of name;

(j) Voluntary dissolution of corporations;

(k) Judicial approval of voluntary recognition of minor natural children;

(l) Constitution of family home;

(m) Declaration of absence and death;

(n) Cancellation of correction of entries in the civil registry.

Rule 2, Section 1. Ordinary civil actions, basis of. — Every ordinary civil action must be based
on a cause of action. (n)
Rule 2, Section 2. Cause of action, defined. — A cause of action is the act or omission by which
a party violates a right of another. (n)

Meaning and Scope of Special Proceedings; Distinction from Civil Actions

Cases:

 Hagans v. Wizlizemus, 42 Phil. 88o

 Natcher v. CA, 366 SCRA 385
 Vda de Manalo v. CA 349 SCRA 135

B. Subject Matters of Special Proceedings, Rule 73, sec. 1

Rule 73, Sec. 1: Where estate of deceased persons settled. — If the decedents is an inhabitant
of the Philippines at the time of his death, whether a citizen or an alien, his will shall be proved,
or letters of administration granted, and his estate settled, in the Court 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 First Instance of any province in which he had estate. The court first taking
cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the
exclusion of all other courts. The jurisdiction assumed by a court, so far as it depends on the
place of residence of the decedent, or of the location of his estate, shall not be contested in a
suit or proceeding, except in an appeal from that court, in the original case, or when the want
of jurisdiction appears on the record.
Cases:

 Hernaez, Jr. v. IAC, 208 SCRA 449

 Ching v. Rodriguez, 661 SCRA 449

C. Jurisdiction of Special Proceedings, BP 129 (amended by RA 7691), secs. 19 (2), (4), (6),
(7), (8), 33 (1)

BP 129, Sec. 19: Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive
original jurisdiction:

(2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds Twenty
thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value
exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;
(4) In all matters of probate, both testate and intestate, where the gross value of the
estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in
 Metro Manila, where such gross value exceeds Two hundred thousand pesos
(200,000.00);
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-
judicial functions;
(7) In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian
Relations as now provided by law; and
(8) In all other cases in which the demand, exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and costs or the value of the property in
controversy exceeds One hundred thousand pesos (100,000.00) or, in such other
abovementioned items exceeds Two hundred thousand pesos (200,000.00). (as
amended by R.A. No. 7691*)

BP 129, Sec. 33: Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies in proper cases, where the value of the
personal property, estate, or amount of the demand does not exceed One hundred thousand
pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of
the demand does not exceed Two hundred thousand pesos (P200,000.00) exclusive of interest
damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That where there are several claims or causes of action
between the same or different parties, embodied in the same complaint, the amount of the
demand shall be the totality of the claims in all the causes of action, irrespective of whether the
causes of action arose out of the same or different transactions;

Cases:

 Mendoza v. Teh, 269 SCRA 764

 Heirs of Yaptinchay v. Del Rosario, 304 SCRA 18
 Portugal v. Portugal Beltran, 469 SCRA 194
 Reyes v. nriquez, 551 SRA 85
 Spouses Alcantara v. Spouses Belen, 824 SCRA 266

D. Applicability of Rules of Civil Action, Rule 72, sec. 2

Rule 72, Sec. 2: Applicability of rules of civil actions. — In the absence of special provisions, the
rules provided for in ordinary actions shall be, as far as practicable, applicable in special
proceedings.
Cases:
 Republic v. CA, 458 SCRA 200
 Sheker v. Estate of Sheker, 540 SCRA 111
 Hilado v. CA, 366 SCRA 385