Special Proceeding Notes Rule 72-76

Dear Readers, Here are some info that would be helpful to you in special proceedings. Happy Reading. NOTES :SPECIAL PROCEEDINGS Rules 72 (1) Subject Matters of Special Proceedings: CATCH AGED SHARC (a) Change of Name (b) Adoption (c) Trustees (d) Constitution of Family Home (e) Hospitalization of Insane Persons (f) Absence and Death, Declaration of (g) Guardianship and Custody of Children (h) Escheat (i) (Voluntary) Dissolution of Corporation

(j) Settlement of Estate of Deceased Persons (k) Habeas Corpus (l) (Judicial) Approval of Voluntary Recognition of Minor Natural Children (m) Rescission and Revocation of Adoption (n) Cancellation or Correction of Entries in the Civil Registry

(2) Special Proceedings is an application or proceeding to establish

a. b.

the status or right of a party, or a particular fact,

How is it commenced?

A special proceeding is commenced by an application, petition or special form of pleading as may be provided for by the particular rule or law.

I. SETTLEMENT OF ESTATE OF DECEASED PERSONS (Rules 73 91) Settlement of Estate of Deceased Persons, Venue and Process (Rule 73)

Which court has jurisdiction if the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien?

(1) The deceased will shall be proved, or letters of administration granted, and his estate settled, in the RTC in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the RTC of any province in which he had his 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 (Sec. 1).

Case Sample: John died leaving property in Laoag City. At the time of his death he was a resident living in Laoag City, although he is a citizen of Canada. After his death his wife moved to Pangasinan, and you are a lawyer of Pangasinan. Where would you file the case for Settlement of Estate of Deceased Person?

Answer: The case would then be filed in the RTC of Ilocos Norte, as a CFI to the exclusion of all other courts.

(2) Under RA 7691, the law expanding the jurisdiction of the inferior courts, MTC, MeTC and MCTC shall exercise exclusive original jurisdiction over probate proceedings, testate and intestate, where the value of the estate does not exceed P300,000 (outside Metro Manila) or where such estate does not exceed P400,000 (in Metro Manila).

Added Answer: So if the estate of John is worth P200K, this would be filed in the MTC of Laoag City.

QUESTION:

If the estate of a deceased falls within the Jurisdiction of the RTC, are their any limits?

(3) Yes, the jurisdiction of the RTC is limited to the settlement and adjudication of properties of the deceased and cannot extend to collateral matters.

Venue in judicial settlement of estate

WHEN THE DECEDENT IS A RESIDENT:

(1)

The residence of the decedent at the time of his death is determinative of the venue of the proceeding. If he was a resident (inhabitant) of the Philippines, venue is laid exclusively in the province of his residence, the jurisdiction being vested in the Regional Trial Court thereof. Residence means his personal, actual, or physical habitation, his actual residence or place of abode.

WHEN THE DECEDENT IS A NON-RESIDENT

Daisy is a resident of Canada. At the time of her death in San Nicolas, Ilocos Norte during a vacation, where she left some real estate property worth P100,000, her two children filed in the MTC for settlement of the estate. If you were the judge, how would you rule?

Answer: The case is dismissed for lack of jurisdiction. The case should be filed in the RTC having jurisdiction over the property of the decedent whose estate is subject of the case, coupled with the fact that probate, testate and intestate proceedings are under the jurisdiction of the RTC as provided in Rule 73 Section 1 of the Rules of Court.

(2)

It is only where the decedent was a nonresident of the Philippines at the time of his death that venue lies in any province in which he had estate, and then CFI thereof first taking cognizance of the proceeding for settlement acquires jurisdiction to the exclusion of other courts. The question of residence is determinative only of the venue and does not affect the jurisdiction of the court. Hence, the institution of the proceeding in the province wherein the decedent neither had residence nor estate does not vitiate the action of the probate court.

The two children of Daisy file in separate RTCs. Which case should prevail?

Answer: (3) Where the proceedings were instituted in two courts and the question of venue is seasonably raised, the court in which the proceeding was first filed has exclusive jurisdiction to resolve the issue (De Borja vs. Tan, 97 Phil. 872).

Explain the extent of jurisdiction of Probate Court

(1) The main function of a probate court is to settle and liquidate the estates of deceased person either summarily or through the process of administration. The RTC acting a s a probate court exercises but limited jurisdiction, thus it has no power to take cognizance of and determine the issue of title to property claimed by a third person adversely to the decedent unless the claimant and all other parties have legal interest in the property consent, expressly or impliedly, to the submission of the question to the probate court. In that case, if the probate court allows the introduction of evidence on ownership it is for the sole purpose of determining whether the subject properties should be included in the inventory, which is within the probate courts competence. The determination is only provisional subject to a proper action at the RTC in a separate action to resolve the title.

Janes mother left a will which was in probate which included in inventory, the investment properties. Janes half brother raised the question of ownership of the properties since these were properties of his their father prior to his marriage to Janes mother. Will the questions raised prosper?

Answer: The jurisdiction of the probate court merely relates to matters having to do with the settlement of the estate and the probate of wills, the appointment and removal of administrators, executors, guardians and trustees. The question of ownership is, as a rule, an extraneous matter which the probate court cannot resolve with finality (Intestate Estate of cxIsmael Reyes, Heirs of Reyes vs. Reyes, GR 139587, Nov. 2, 2000).