SPECPRO
DEFINE jurisdiction of the arbitral tribunal by allowing the arbitral tribunal the first opportunity
Double Value Rule
If a person, before the granting of letters testamentary or of administration on the estate
of the deceased, embezzles or alienates any of the money, goods, chattels, or effects of such
deceased, such person shall be liable to an action in favor of the executor or administrator
of the estate for double the value of the property sold, embezzled, or alienated, to be
recovered for the benefit of such estate. (Rule 87, Sec. 8)
Statute of Non-Claims
It is the period fixed for the filing of claims against the estate, such that, claims not filed
within the said period are barred forever.
Thus, all claims against the estate must be filed within the time limited in the notice which
shall not be more than 12 nor less than 6 months after the date of the first publication of
the notice. (Rule 86, Sec. 2) Otherwise, they are barred forever pursuant to the statute of
non-claims.
Claims which must be filed under the statute of non-claims: (CFSJ)
1. Money claims – Debts incurred by deceased during his lifetime arising from
Contract:
a. Express or implied;
NOTE: Quasi-contract is included in the concept of “implied contracts”.
(MBTC v. Absolute Management Corporation)
b. Due or not due;
c. Absolute or contingent.
NOTE: Contingent claims may be approved at their present value.
(R86,S5)
2. Claims for Funeral expenses;
3. Claims for expenses for the last Sickness of the decedent; and
4. Judgment for money against the decedent. (Rule 86, Sec. 5)
NOTE: The list is exclusive.
Competence-Competence
The Special ADR Rules recognize the principle of competence-competence, which
means that the arbitral tribunal may initially rule on w/n it has the competence or
jurisdiction to decide a dispute, including any objections with respect to the existence or
validity of the arbitration agreement or any condition precedent to the filing of a request
for arbitration. (Rule 2.2)
The arbitral tribunal shall be accorded the first opportunity or competence to rule on the
issue of whether or not it has the competence or jurisdiction to decide a dispute submitted
to it for decision, including any objection with respect to the existence or validity of the
arbitration agreement.
When a court is asked to rule upon issue/s affecting the competence or jurisdiction of an
arbitral tribunal in a dispute brought before it, either before or after the arbitral tribunal
is constituted, the court must exercise judicial restraint and defer to the competence or
1
to rule upon such issues.
Where the court is asked to make a determination of whether the arbitration agreement
is null and void, inoperative or incapable of being performed, under this policy of judicial
restraint, the court must make no more than a prima facie determination of that issue.
Unless the court, pursuant to such prima facie determination, concludes that the
arbitration agreement is null and void, inoperative or incapable of being performed, the
court must suspend the action before it and refer the parties to arbitration pursuant to the
arbitration agreement. (Rule 2.4)
Writ of Amparo
The petition for a writ of amparo is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats thereof.
(Sec. 1, The Rule on the Writ of Amparo)
Appeal
It is the modality or process by which a cause is elevated to a court or tribunal of higher
jurisdiction to review errors of judgment of an inferior court or tribunal. (Appellate
Remedies, De Leon)
In special proceedings, Rules 40, 41, 42, and 45 apply in conformity with Rule 72, Sec. 2 on
the applicability of rules of civil actions. Hence, an appeal may be taken from one aspect of
a special proceeding case while the court proceeds to hear another aspect of the case. For
instance, an appeal may be taken from an order admitting the will to probate, while the
court proceeds to resolve its intrinsic validity. Thus, where a court issues an order granting
letters testamentary in solidum, it cannot be questioned by filing a petition for review on
certiorari under Rule 45. In that case, the appeal should have been brought up to the Court
of Appeals under Rule 41, pursuant to Rule 109.
SPECPRO 2

COMPARE Escheat proceedings may be instituted as a consequence of a violation Sec. 7, Art. 12 of the
Kinds of Administrator Constitution, which prohibits transfers of private agricultural lands to aliens, whereas an
Regular Administrator Special Administrator action for reversion is expressly authorized under the Public Land Act.
The court’s order of appointment may be The court’s order of appointment is
appealed. (Rule 109, Sec. 1) interlocutory and not appealable. The Escheat v. Unclaimed balances
appeal may only be challenged through a Unclaimed balances include credits or deposits of money, bullion, security, or other
special civil action for certiorari raising as evidence of indebtedness of any kind, and interest thereon. The rule is unclaimed balances
a ground grave abuse of discretion with banks in favor of any person unheard from for a period 10 years or more shall be
amounting to lack or excess of deposited with the government.
jurisdiction.
One of the obligations is to pay and Special administrator is not empowered Procedure upon filing a petition for escheat:
discharge all the debts of the estate. (Rule to pay the estate’s debts. 1. Court sets a hearing –
81, Sec. 1(b))  If the petition is sufficient in form and substance, the court, by an order
Instances when appointment is made by Instances when appointment is made by reciting the purpose of the petition, shall fix a date and place for the
the court: the court: hearing thereof, which date shall be not more than 6 months after the
 Decedent dies intestate.  There is delay in the granting of the entry of the order.
 Decedent fails to appoint an letters testamentary or 2. Notice and publication –
executor in the will. administration.  All interested parties, such as the actual occupant and the adjacent lot
 The will was disallowed.  When the executor is a claimant owners shall be personally notified of the proceedings and given the
against the estate, but only as to the opportunity to present their valid claims. (Tan vs City of Davao)
portion over which there is a claim.  The order for hearing must be published at least once a week for 6
Order of preference in appointment is No requirement to follow the order consecutive weeks in a newspaper of general circulation in the
followed province.
Ground for removal: A lot Ground for removal, mere lack of trust by  NOTE: this is a deviation from the other special proceedings, which
the court. require publication for only 3 consecutive weeks.
 Publication of the notice of hearing is a jurisdictional requirement, the
Escheat non-compliance with which affects the validity of the proceedings.
Escheat is a proceeding whereby the state, by virtue of its sovereignty, steps in and claims (Divino v. Hilario)
the real or personal property of a person who dies intestate leaving no heir. 3. Actual hearing –
 The Solicitor-General must show satisfactory proof in open court, on
A petition for escheat may be filed under three circumstances: the date fixed in the order, that:
1. When a person dies intestate, leaving the State as the last intestate heir (Rule 91, o Such order has been published as directed; and
Sec. 1); o The person died intestate, with real or personal property in
2. In case of a petition for reversion of property alienated in violation of the Philippines, leaving no heir or person entitled to the same.
Constitution or State (Rule 91, Sec. 5); and 4. Judgment –
3. Unclaimed balances in banks (Act. 3936).  The court shall order the payment of just debts and charges, and
thereafter adjust the estate escheated in favor of the estate.
These proceedings have the same effects, but different procedures are followed.
Procedure for escheat of unclaimed balances:
Escheat v. Reversion 1. Sworn statement containing list of unclaimed balances to be filed by banks
Reversion of lands can be: and other similar institutions –
1. Under Escheat Proceedings in Sec. 5, Rule 91 which is primarily based on Sec. 7,  Act. No. 3936, as amended, outlines the proper procedure to be
Art. 12 of the Constitution; or followed by banks and other similar institutions in filing a sworn
2. Under Reversion Proceedings under the Public Land Act or other Laws. statement with the treasurer concerning format accounts.
 Sec. 2 sets a detailed system for notifying depositors of unclaimed
balance. This notification is meant to inform them that their deposit
could be escheated if left unclaimed.
SPECPRO 3

 Accordingly, before filing a sworn statement, banks and other similar In the absence of such, if the court deems necessary, expert
institutions are under obligation to communicate with owners of testimony may be resorted to.
format accounts. Holographic Will The fact that he affirms that The burden of disproving the
o The purpose of this initial notice is for a bank to determine petitioned by the the holographic will and the genuineness and due execution
whether an inactive account has indeed been unclaimed, Testator himself signature are in his own thereof shall be on the
abandoned, forgotten or left without an owner. handwriting, shall be contestant. The testator may, in
o If the depositor simply does not wish to touch the funds in the sufficient evidence of the his turn, present such
meantime, but still asserts ownership and dominion over the genuineness and due additional proof as may be
dormant account, then the bank is no longer obligated to execution thereof. (Rule 76, necessary to rebut the evidence
include the account in its sworn statement. Sec. 12) for the contestant. (Rule 76, Sec.
 It is not the intent of the law to force depositors into unnecessary 12)
litigation and defense of their rights, as the state is only interested in
escheating balances that have been abandoned and left without an Actions that survive and does not survive
owner. GR: No action upon a claim for the recovery of money or debt or interest thereon shall be
2. Solicitor General files a petition for escheat in the province where the bank commenced against the executor or administrator. (Rule 87, Sec. 1) Generally, money
is located, in which it shall join as parties the bank and such creditors or claims do not survive the decedent’s death. Thus, they should be filed against the
depositors – decedent’s estate. They may not be pursued against the executor or administrator. (Special
 An action to recover unclaimed balances shall be commenced by the Proceedings, De Leon)
Solicitor General in an action for escheat in the name of the People of
the Philippines in the RTC of the province where the bank is located, in XPN: Only actions which survive the decedent’s death should be made against the executor
which it shall be joined as parties the bank and the creditors or or administrator. (Rule 87, Sec. 2) Actions to recover real or personal property, or an
depositors. interest, therein, survive the decedent’s death. Thus, the following actions may be
 The bank is a real party in interest, as it stands to be injured by the suit. commenced against the executor or administrator: (RED)
As the escheat proceedings would necessarily deprive it with the use of 1. Recovery of real or personal property of an interest therein from the estate;
such deposits. (Republic vs CFI of Manila 1988) 2. Enforcement of a Lien thereon. (Rule 87, Sec. 1)
 Multiple actions are allowed. The phrase of “or actions” in Sec. 3 of Act 3. Action to recover Damages for any Injury to person or property, real or personal;
no. 3936 is very significant as it manifests awareness on the part of the
legislators that a single action to cover all banks wherever located in Letters Testamentary and Administration
the Philippines would not be legally feasible in view of the venue Letters Letters of Letters of
prescribed for such action under the same section. Testamentary Administration with Administration
the Will Annexed
Evidence in wills Definition Authority issued to Authority issued by the The authority issued
Uncontested (Rule 76, Sec. 5) Contested (Rule 76, Sec. 11) the executor named court to a competent by the court to a
Notarial Will The court may grant All the subscribing witnesses in the will to manage person to administer competent person
allowance thereof on the and the notary public must and administer the the estate if the to administer the
testimony of one of the testify as to due execution and estate. executor named in the estate of the
subscribing witnesses only, if attestation of the will. will refuses to accept deceased who died
such witness testifies that the the office, or is intestate or with a
will was executed as is incompetent. void will.
required by law. When The executor: There is a will, but the  Decedent dies
Holographic Will At least one witness knows The will shall be allowed if at issued  Is competent; executor: intestate; or
the handwriting and least 3 witnesses who know the  Accepts the trust;  Is incompetent;  The will is void
signature of the testator handwriting of the testator and  Refuses the trust; or or is not
explicitly declares that the explicitly declare that the will  Gives the  Fails to give the admitted to
will and signature are in the and signature are in the required bond. bond required by probate.
handwriting of the testator. handwriting of the testator. the rules.
SPECPRO 4

ESSAY
Change of Name, RA 9048, RA 10132, Rule 108
RULE 103 RA 9048 RULE 108
Scope Change of full name or surname (substantial Change of first name or nickname and correction of clerical errors Correction of substantial errors or
corrections). of entries in the Civil Registry. cancellation of entries in the Civil
Registry.
Judge Jat: If you want to change your first name, file a petition under RA 9048 first. Then, when denied, file with Rule 103. If you want to change your last name, file a petition under
Rule 103.
Nature of  Judicial.  Administrative.  Judicial.
proceedings  Hearing is necessary.  No hearing.  Hearing is necessary.
 Adversarial in nature
Who may file A person desiring to change one’s name. Person having direct and personal interest Any person interested in any act, event,
order or decree concerned
Initiatory Signed and verified petition. Sworn affidavit. Verified Petition.
pleading
Where to file RTC of province in which petitioner resided for  Local civil registry office of the city or municipality where the RTC of the city or province where the
3 years prior to filing. record being sought to be corrected or change is kept; corresponding civil registry is located.
 Local civil registrar of the place where the interested party is
presently residing or domiciled; or
 Philippine Consulate.
Contents of the  That petitioner has been a bona fide resident  Facts necessary to establish the merits of petition.
petition of the province where the petition is filed for  Particular erroneous entry or entries which are sought to be
at least 3 years prior to the date of such corrected and/or the change sought to be made.
filing. Petition shall be supported by the following documents:
 The cause for which the change of o Certified true machine copy of the certificate or of the page of
petitioner’s name is sought. the registry book containing the entry or entries sought to be
 The name asked for. corrected or changed;
o At least 2 public or private document showing the correct
entry/s upon which the correction or change shall be based;
and
o Other documents which petitioner or the city or municipal
registrar or the consul general may consider relevant and
necessary for approval of petition.
Grounds  Name is ridiculous, tainted with dishonor  Petitioner finds the first name or nickname to be ridiculous, Upon good and valid grounds.
and extremely difficult to write or tainted with dishonor or extremely difficult to write or
pronounce; pronounce;
 Legal Consequences of the change of status;  The new first name or nickname has been habitually and
 Necessity to avoid confusion; continuously used by petitioner and he has been publicly
 Having continuously used and been known known by that first name or nickname in the community; or
since childhood by a Filipino name, unaware  The change will avoid confusion.
of her alien parentage;
 A sincere desire to adopt a Filipino name to
erase signs of former alienage
 When the surname causes embarrassment
Notice and At least once a week for 3 consecutive weeks in At least once a week for 2 consecutive weeks (publish the whole At least once a week for 3 consecutive
publication a newspaper circulation (notice of hearing). affidavit) – in change of first name or nickname. weeks in a newspaper of general
circulation .
SPECPRO 5

Posting Not required. Duty of the civil registrar or Consul to post petition in a Not required.
conspicuous place for 10 consecutive days.
Persons to be  Solicitor General Civil registrar  Civil registrar
notified  Provincial fiscal  Consul
 City fiscal
 Interested parties
Coverage  Correction of clerical or typographical errors  Correction of clerical or typographical errors in the civil  Births
in any entry in civil registry documents, registry, including correction of date of birth and sex; and  Marriages
except corrections involving the change in  Change of first name or nickname in the civil registry.  Deaths
sex, age, nationality, and status or a person;  Legal separations
and  Judgments of annulments of
 Change of a person’s first name or nickname marriage
in his or her civil registry.  Judgments declaring marriages void
from the beginning, legitimations
 Adoptions
 Acknowledgement of natural
children
 Naturalization
 Election & loss or recovery of
citizenship
 Civil interdiction
 Judicial determination of filiation
 Change of name
Where to appeal Court of Appeals under Rule 41. Civil Registrar General under Section 7 or Court of appeals under Court of Appeals under Rule 41.
Rule 43.
SPECPRO 6

Writ of Habeas Corpus 2. Convicted of an offense; or

Contents of petition 3. Suffering imprisonment under lawful judgment.
1. Petition must be signed and verified.
2. Petition must contain: Rule on custody of minors and writ of habeas corpus in relation to custody of minors
a. That the person in whose behalf the application is made is imprisoned  Verified petition filed with the Family Court. In absence of the presiding judge of
or restrained of his liberty. the Family Court, it may be filed in regular courts, provided the case shall be
b. The officer or name of the person by whom he is so imprisoned or referred to the FC as soon as the presiding judge thereof returns to duty. The writ
restrained. is only enforceable within the judicial region where they belong.
c. The place where he is so imprisoned or restrained if known.  Summons not required.
d. Copy of the commitment or cause of detention of such person. If it can  The Supreme Court and Court of Appeals may issue the writ for the custody of
be procured without any legal authority, such fact shall appear. children and such writ is enforceable anywhere in the Philippines.
 May be filed either by the party for whose relief it is intended or some other
person on his behalf. Appeal
 Judge cannot grant the writ without the pertinent copies of detention and Judgments and order for which an appeal may be taken
judgment of conviction.  An interested person may appeal in special proceedings from an order or
judgment rendered by a Court of First Instance or a Juvenile and Domestic
Contents of return Relations Court, where such order or judgment: (FAWCHS)
1. Whether he has or has not the party in his custody or power, or under restraint; 1. Allows or disallows a will;
2. If the party is in his custody or power, or under restraint – the authority and the 2. Determines who are the lawful heirs of a deceased person, or the
true and whole cause thereof, with a copy of the writ, order, execution, or other distributive share of the estate to which such person is entitled;
processes upon which the party is held; 3. Allows or disallows, in whole or in part, any claim against the estate of
3. If the party, etc., and is not produced – nature and gravity if sickness or infirmity; a deceased person, or any claim presented on behalf of the estate in
and offset to a claim against it;
4. If the party was in his control, etc. and has transferred such custody or restraint 4. Settles the account of an executor, administrator, trustee or guardian;
to another – to whom, at what time, for what cause and by what authority such 5. Constitutes, in proceedings relating to the settlement of the estate of a
transfer was made. deceased person, or the administration of a trustee or guardian, a final
determination in the lower court of the rights of the party appealing,
Distinguish peremptory writ from preliminary citation except that no appeal shall be allowed from the appointment of a
1. Peremptory writ – Is a written document unconditionally commanding the special administrator; and
respondent to have the body of the detained person before the court at a time 6. Is the final order or judgment rendered in the case, and affects the
and place specified therein. substantial rights of the person appealing unless it be an order granting
2. Preliminary citation – Requires the respondent to appear and show cause why or denying a motion for a new trial or for reconsideration.
the peremptory writ should not be granted.
When to appeal
When not proper/applicable Proceeding Deadline to file an appeal
 Not proper for asserting or vindicating the denial of the right to bail. It cannot be Special proceedings 15 days from notice of the order or
resorted to in order to correct errors of judgment, since it is not a writ of error. judgment appealed from.
 SC ruled that marital rights including co-venture and living in conjugal dwelling
may not be enforced by the extraordinary writ of habeas corpus. 30 days from notice of the order for
 When a person alleged to be restrained of his liberty is in the custody of an judgment appealed from if the case
officer: involves multiple appeals.
1. Under process issued by a court or judge; or Writ of habeas corpus 48 hours from services of judgment.
2. By virtue of a judgment or order of a court of record; and Writ of amparo 5 working days from notice of judgment.
3. The court or judge had jurisdiction to issue the process, render the Writ of habeas data 5 working days from notice of judgment.
judgment or make the order. Writ of kalikasan 15 days from notice of judgment or
 It shall not be authorized upon showing that a person is: denial of motion for reconsideration.
1. Charged with;
SPECPRO 7

Modes of appeal
 Rules 40, 41, 42, and 45 apply in conformity to Rule 72, Section 2 on the
applicability of rules of civil actions. It is an ordinary appeal under Rule 40 or 41,
and the special proceedings are subject to multiple appeals, like settlement of
estate, the appeal period is 30 days, a notice of appeal and record on appeal being
required.

Rules on advance distribution

 Notwithstanding a pending controversy or appeal in proceedings to settle the
estate of a decedent, the court may, in its discretion and upon such terms as it
may deem proper and just, permit that such part of the estate may not be affected
by the controversy or appeal be distributed among the heirs or legatees, upon
compliance with the conditions set forth in Rule 90 of this rules.