SPECIAL PROCEEDINGS keya acuyong

REVIEWER- PRELIM general rule - exceptions

A. CONCEPT, NATURE, SCOPE

1. Special Proceedings (srpf)

Special proceeding is a remedy which a party seeks to establish a status, a right, or a particular fact (S1 R1)
and refer to legal processes that are used to address specific legal matters that are not covered by ordinary
court proceedings. These proceedings are often used to settle disputes that are outside the scope of
ordinary litigation.

Examples of special proceedings in the Philippines includes: SEGTARHHCVJCDC - adoption, guardianship,

settlement of estate, change of name, and partition of real estate. These proceedings are generally handled
by the courts and involve the filing of specific documents in accordance with the rules of the court.

2. Nature of Special Proceedings

General rule: It is procedural in nature; it does not vest rights.

Special proceedings are non-adversarial in character

Exception: May become adversarial when there are oppositors to the petition [De Leon & Wilwayco, Special
Proceedings: Essentials for Bench and Bar (2015)]

A special proceeding has one definite party, who petitions or applies for a declaration of a status, right, or
particular fact, but no definite adverse party. [Montañer v. Shari’a District Court, G.R. No. 174975 (2009)]

An action is a formal demand of one’s right in a court of justice in the manner prescribed by the court or by
the law. It is the method of applying legal remedies according to definite established rules. The term “special
proceedings” may be defined as an application or proceeding to establish the status or right of a party, or a
particular fact. Usually, in special proceedings, no formal pleadings are required unless the statute expressly
so provides. In special proceedings, the remedy is granted generally upon application or motion [Natcher v.
CA, G.R. No. 133000 (2001)]

Cases governed; civil action v. criminal action v. special proceeding

Definition/ Governing Rules/ Basis/ Nature/ Parties

a. A civil action is one by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong. A civil action may either be ordinary or special.
- Governed by Rules 1-71
- Based on cause of action
- Proceeding is adversarial since it involves two (2) contending parties
-
b. A criminal action is one by which the State prosecutes a person for an act or omission punishable by
law.

- Governed by Rules 110-127 of the Revised Rules of Criminal Procedure

- Based on acts or omission in violation of penal laws
- Adversarial, accusatorial, & prosecutorial in nature
- Parties in a criminal action are the State and the accused, and in case of preliminary investigation,
the complainant and the respondent.

c. A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular
fact.[Sec. 3(a), 3(b), Rule 1]

- Governed by Rules 72-109 of the ROC, and rules on ordinary civil actions only applies whenever
practicable.
- It is based on a particular fact, status, or right sought to be established
- GN: Non adversarial, except when ther is an oppositor/respondent.
- Party in Spec Pro is the petitioner, except when opposed, the oppositor or respondent.

HOW TO COMMENCE SPECIAL PROCEEDINGS?

(pasp- w/in 15days)
To commence a special proceeding in the Philippines, you need to file a petition, application or special
pleading. The court in which the petition is filed shall issue an order requiring the adverse party to
answer the petition within fifteen (15) days from receipt of a copy thereof.

3. Jurisdiction Over SpecPro Cases

Exclusive original jurisdiction over all

matters of
probate, both testate and intestate,
shall lie
with:
Exclusive original jurisdiction over all
matters of
probate, both testate and intestate,
shall lie
with:
Exclusive original jurisdiction over all matters of probate, both testate and intestate, shall lie with:

OUTSIDE MM: MTC if gross value of the estate does not exceed P300,000 – if exceeds, then RTC
INSIDE MM: MTC if gross value of the estate does not exceed P400,000 - otherwise, RTC

Q: How will the Rules on SP be construed?

- Considering that Rules on SP is part of the ROC, it shall be liberally construed in order to promote
their objective of securing a just speedy, and inexpensive disposition of every action and
proceeding.
Rules of procedure are tools designed to facilitate the attainment of justice, and courts must avoid
their strict and rigid application which would result in technicalities that tend to frustrate rather
than promote substantial justice. (Anama vs. PSB)

B. SETTLEMENT OF ESTATE OF THE DECEASED (ROC 73-90)

Settlement of the Estate is the process of administration by the executor or administrator carried so far
that all debts and legacies has been paid and the individual shares of distributees in the corpus of the
estate, or the residuary portion, as the case may be, definitely ascertained and determined and accounts
filed and passed, so that nothing remains but to make final distribution. (Black’s Law Dictionary)

Purpose: It is intended to settle the entire estate of the deceased.

General Rule: is that when a person dies, his estate shall be judicially administered by a court of
competent jurisdiction.

Estate is the degree, quantity, nature, and extent of interest which a person has in real or personal
property. (Black’s Law Dictionary)
Testate proceedings take precedence over intestate proceedings of the same estate [Sandoval v.
Santiago, G.R. No. L-1723 (1949)]

Thus, if in the course of intestate proceedings pending before a court of first instance, it is found that
the decedent had left a last will and testament, proceedings for the probate of the latter should replace the
intestate proceedings even if at that stage an administrator had already been appointed, the latter
being required to render final account and turn over the estate in his possession to the executor
subsequently appointed. This, however, is understood to be without prejudice that should the alleged will
be rejected or is disapproved, the proceeding shall continue as an intestacy [Uriarte v. CFI, G.R. No. L-21938
(1970)]

Sec. 1 of Rule 73 refers to courts in the Philippines and simply means that once a special proceeding
for the settlement of the estate of a decedent is filed in one of such courts, that court has exclusive
jurisdiction over said estate and no other special proceedings involving the same subject matter may
be filed before any other court. [Republic v. Villarama, Jr., G.R. No. 117733 (1997)]
Extent of Jurisdiction of Probate Court
The probate jurisdiction relates only to matters having to do with the settlement of the estate and probate
of wills of deceased persons, and the appointment and removal of administrators, executors, guardians,
and trustees [Ramos v. CA, G.R. No. (1989)] Probate court cannot adjudicate or determine title to
properties claimed to be a part of the estate and which are claimed to belong to outside parties (Ignacio v
Reyes)

Other extensions indicated above (after probate court is of limited jurisdiction)

POWER AND DUTIES OF PROBATE COURT

It is the duty of courts of probate jurisdiction to guard jealously the estates of the deceased person by
intervening in the administration thereof in order to remedy or repair any injury that may be done
thereto. (dariano vs fidalgo)

KINDS OF SETTEMENT OF ESTATE: PROVIDE REQUISITES

a) Extrajudicial settlement of the estate of the decedent

- Is the liquidation and distribution of the estate without judicial proceedings.

REQ: 1. Died Intestate 2. Left no debts 3. Heir are all of age, or minors are rep by their legal or judicial
representatives, and 4. All heirs agree

MODES: 1. Sole heir- Affidavit of Self-adjudication (of the whole estate)

2. 2 or more heirs - Deed of Extrajudicial Settlement is resorted to if theirs no disagreement among
the heirs.

3. If there is a disagreement, may resort to action of partition- judicial settlement

NOTA BENE:

- Both the Affidavit and Deed are public instruments.

b) Settlement of the estate of small value

- Process of administration, liquidation, and distribution of the estate where the gross value does not
exceed ten thousand pesos (10,000) without the appointment of an executor or administrator.

REQ: 1. Gross value of the estate does not exceed P10,000

Note: shall be held not less than (1) month nor more than three (3) months from the date of the last
publication of a notice which shall be published once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province

c) Judicial settlement of the estate whether testate or intestate proceedings

- A court proceeding to determine the authenticity of a will, that is to see if the will has been
executed in accordance with the requirement of law.

REQ:

NATURE OF PROBATE PROCEEDING

Probate of the will is mandatory.

Probate is a special proceeding to establish the validity of a will. No will passes property unless it is
probated by a court.

Reprobate is a special proceeding to establish the validity of a will proved in a foreign country.
Q. Why necessary?

- No will shall be pass either real or personal estate unless it is proved and allowed in the proper court;

- Also, by reason of public policy

Q. Issues that May Be Resolved by the Probate Court?

- Extrinsic validity of the will sought to be probated

- Due execution thereof

- Testator’s testamentary capacity

- Compliance with the requisites or solemnities prescribes by law

Note: The question of intrinsic validity of a will normally come only after the court has declared the will ha
been duly authenticated --- When? – the prob court may pass upon intrinsic validity when the will is null
and void as in the case of preterition.

Testate proceedings take precedence over intestate proceedings of the same estate [Sandoval v.
Santiago, G.R. No. L-1723 (1949)]

ALLOWANCE OF WILL

Effect of Allowance: Subject to the right of appeal, such allowance of the will shall be conclusive as
to its due execution.
*Courts are tasked to determine nothing more than the extrinsic validity of a Will in probate
proceedings.
Q. Who May Petition for Probate; Persons Entitled To Notice
The executor, devisee, or legatee named in the will, or any other person interested in the estate,
may, at any time after the death of the testator, petition the court having jurisdiction to have the
will allowed, whether the same be in his possession or not, or is lost or destroyed [Sections 1 and 2,
Rule 76; Palaganas v. Palaganas, G.R. No. 169144 (2011)]

Contents of Petition
A petition for the allowance of a will must show, so far as known to the petitioner.
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or
decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters are prayed;
(e) If the will has not been delivered to the court, the name of the person having custody of it.
GROUNDS OF DISALLOWANCE OF THE WILL
1. If not executed and attested as required by law
2. Testator – insane or mentally incapable to make a will, at the time of the execution
3. Executed under duress, or the influence of fear or threats
4. Procured by undue and improper pressure and influence, on part of the beneficiary, or of
some other person for his benefit
5. If the signature of the testator was procured by fraud or trick—did not intend that the
instrument be his will at the time of fixing his signature thereto.
Not executed/attested as required.
Insane/Mental Incapacity
Executed under duress or undue influence
Signature Procured by Fraud or Trick

TESTAMENTARY LETTERS AND ADMINISTRATION

NATURE OF TESTAMENTARY LETTERS

Q. What is a Letter Testamentary?

- It is the grant of authority to administer the estate of deceased person, issued by the court to
the executor appointed in the will, if the will is allowed.
R78, S4
Sec. 4. Letters testamentary issued when will allowed. - When a will has been proved and allowed,
the court shall issue letters testamentary thereon to the person named as executor therein, if he is
competent, accepts the trust, and gives bond as required by these rules.

Q. Executor?
- This person designed and charged by the testator in his will to carried out the provisions thereof
upon the allowance of the will, said person, unless he is unfit to discharge the trust as an
executor, takes over the administration of the estate.
Incompetent administrator or executor:
- Minor
- Not resident of the Ph
- If the court finds the named executor unfit to execute the duties by reason of drunkenness,
improvidence, want of understanding or integrity, or in convicted of an offense involving
moral turpitude.
ORDER OF PREFERENCE

OUTLINE

A.

1.Special Proceedings

2.Nature of Spec Pro

3.Special Proceeding Cases (SEGTARHHCVJCDC) *Not exclusive—there are other proceedings considered as
spec pro which seeks…

4.Civ Action vs Crim Action vs Spec Pro

5.Commence Spec Pro?

6.Jurisction over Spec Pro Cases

7.How rules on SP can be construed?

B. Settlement of the Estate of the Deceased

1. Settlement of the Estate

2. Estate

3.Extent of Jurisdiction of Probate Court & Exception

4. Powers and Duties of Probate Court

5. Kinds of Settlement of Estate

5.1 Definition & Req & Modes

5.2 Definition & Req

5.3 Definition & Req

6. Def Probate/Reprobate

7. Nature of Probate Proceedings

8.Allowance & Disallowance

9. Letter Testamentary Def