Professional Documents
Culture Documents
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SPECIAL PROCEEDINGS
SPECIAL PROCEEDINGS - A remedy by which a party seeks to establish a status, a right or a particular fact. (Rule 1, Section 3) JURISDICTION GENERAL RULE: Regional Trial Court EXCEPTION: MTC has jurisdiction in the following cases: 1. Probate proceedings whether testate or intestate where the gross value of the estate does NOT exceed P300,000 or P400,000 in Metro Manila, EXCLUSIVE of interest, damages of whatever kind, attorneys fees, litigation expenses and costs. 2. DELEGATED JURISDICTION in Cadastral and Land Registration Cases covering lots where there is no controversy or opposition or contested lots where the value of which does not exceed P 100T. appeal is taken to the CA, not to the RTC since MTC is equal to RTC in this instance. 3. SPECIAL JURISDICTION petitions for writ of Habeas Corpus in case of absence of RTC judges. SC and CA have original jurisdiction over Habeas Corpus cases, concurrent with the RTC. ORDINARY ACTION
to protect or enforce a right or prevent or redress a wrong involves two or more parties governed by ordinary rules supplemented by special rules
heard by courts of general jurisdiction Initiated by a pleading and parties respond through an answer
by ordinary rules
heard by courts of limited jurisdiction Initiated by means of a petition and parties respond by means of an opposition
DIFFERENT MODES OF SETTLEMENT OF ESTATE OF DECEASED PERSON 1. Extrajudicial Settlement of Estate (Section 1, Rule 74) 2. Partition (Rule 69) 3. Summary Settlement of Estate of Small Value (Section 3, Rule 74) 4. Probate of Will (Rule 75 to 79) 5. Petition for letters of Administration in cases of Intestacy (Rule 79) PROCEDURE PROCEEDINGS IN SETTLEMENT
SPECIAL PROCEEDING
involves the establishment of the right, status or fact may involve only one party governed by special rules supplemented
Distribution of Residue, if any (But this can be made even before payment if a bond is filed by the heirs)
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SUMMARY SETTLEMENT OF ESTATE OF SMALL VALUE (Sec.2) GROSS VALUE of the estate must NOT EXCEED P10, 000. This is jurisdictional. (Del Rosario vs. Conanan, L-37903, March 30, 1977) IMPORTANT REQUIREMENTS 1. Application must contain allegation of gross value of estate. 2. Date for hearing a) shall be set by court not less than 1 MONTH nor more than 3MONTHS from date of last publication of notice; b) published, ONCE A WEEK FOR 3 CONSECUTIVE WKS in a newspaper of general circulation. 3. Notice shall be served upon such interested persons as the court may direct. 4. Bond - amount fixed by the court (not value of personal prop) conditioned upon payment of just claims under Sec.4. LIABILITY OF ESTATE (Sec.4) DISTRIBUTEES AND
may
be
JUDICIAL SETLLEMENT
requires summary judicial adjudication gross estate must not exceed P10T allowed in both testate and intestate available even if there are debts; it is the court which will make provision for its payment May be instituted by ANY INTERESTED PARTY even a creditor of the estate without the consent of all heirs bond to be determined by the court
REQUISITES OF TWO-YEAR PERIOD LIEN 1. persons have taken part or have notice of extrajudicial partition 2. compliance with the provisions of Sec.1, Rule 74 (Sampilo vs. CA) BASIS TO COMPEL SETTLEMENT OF THE ESTATE 1. undue deprivation of lawful participation in the estate. 2. existence of debts against the estate or undue deprivation of lawful participation payable in money. REMEDIES 1. WITHIN 2 YRS. - claim against the bond or the real estate. 2. Action to Annul a deed of extrajudicial settlement on the ground of FRAUD within 4
While the Rules provide that the decedent must not have left any debts, it is sufficient if any debts he may have left have been paid at the time of the extrajudicial settlement is entered into. (Guico vs. Bautista, 110 Phil 584) DISPUTABLE PRESUMPTION THAT DECEDENT LEFT NO DEBTS If no creditor files a petition for letters of administration within 2 years after the death of the decedent.
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2. 3. 4. 5.
But no defect in the petition shall render void the allowance of the will, or the issuance of letters testamentary or of administration with the will annexed. EFFECT OF THE PROBATE OF A WILL It is conclusive as to the EXECUTION and the VALIDITY of the will (even against the state). Thus, a criminal case against the forger may not lie after the will has been probated. ISSUE IN THE PROBATE OF A WILL GENERAL RULE: Only determination of the extrinsic validity not the intrinsic validity or testamentary dispositions. EXCEPTION: Where the entire or all testamentary dispositions are void and where the defect is apparent on its face. (Acain vs. IAC GR No. 72706, Oct. 27, 1987; Nepumuceno vs. CA, 139 SCRA 206) EXTRINSIC VALIDITY execution of the will. means due
MEANING AND EXTENT DUE EXECUTION Due execution means that: 1. the testator is of sound and disposing mind when he executed the will; 2. the will was NOT executed under duress, fraud or other circumstances that vitiates consent; 3. the required formalities have been strictly complied with; and 4. the will is genuine and not a forgery.
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Order Of Preference 1. The surviving husband or wife or the next of kin, or both in the discretion of the court, or to such person as such surviving spouse or next of kin, request to have appointed, if competent and willing to serve. (SURVIVING SPOUSE OR NOMINEE) 2. If the surviving spouse or the next of kin or the person selected by them be incompetent or unwilling to serve, or if the surviving spouse or next of kin neglects for 30 days after the death of the decedent to apply for administration, ANY one or more of the PRINCIPAL CREDITORS, if competent and willing to serve. 3. If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select. (STRANGER) The Order of appointment of Regular administrator is final and appealable. BASIS FOR THE PREFERENTIAL RIGHT The underlying assumption is that those who will reap the benefits of a wise, speedy and economical administration of the estate or on the other hand, suffer the consequences of waste, improvidence or mismanagement, have the higher interest and most influential motive to administer the estate correctly. RULE 79 OPPOSING ISSUANCE OF LETTERS TESTAMENTARY PETITION AND CONTENTS FOR LETTERS OF ADMINISTRATION What is the MAIN ISSUE in an administration proceeding? Who is the person rightfully entitled to administration.
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According to Art. 188 of the Civil Code, the children need not be minors or incapacitated to be entitled to allowance. (Santero vs CFI of Cavite, GR No. 61700-03, Sept. 24, 1987) Grandchildren are NOT entitled to allowance under Rule 83. (Heirs of Ruiz vs CA) When liabilities exceed the asset of the estate, his widow and children are not entitled to support pending the liquidation of the intestate estate, on the ground that such support, having the character of an advance payment to be deducted from the respective share of each heir during distribution. (Wagner vs. Moore) RULE 84 GENERAL POWERS OF EXECUTORS AND ADMINISTRATORS POWERS OF EXECUTOR/ ADMINISTRATOR OF THE ESTATE 1. To have access to, and examine and take copies of books and papers relating to the partnership in case of a deceased partner; 2. To examine and make invoices of the property belonging to the partnership in case of a deceased partner; 3. To make improvements on the properties under administration with the necessary court approval except for necessary repairs; 4. To possess and manage the estate when necessary: a) for the payment of debts; and b) for payment of expenses of administration; 5. To maintain in tenantable repairs houses and other structures and fences and to deliver the same in such repair to the heirs or devisees when directed so to do by the court.
SOME RESTRICTIONS ON POWER OF ADMINISTRATOR/EXECUTOR 1. Cannot acquire by purchase, even at public or judicial auction, either in person or mediation of another, the property under administration. 2. Cannot borrow money without authority of the court. 3. Cannot speculate with funds under administration. 4. Cannot lease the property for more than one year. 5. Cannot continue the business of the deceased unless authorized by the court. 6. Cannot profit by the increase or decrease in the value of the property under administration. RULE 85 ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS GENERAL RULE: The executor or administrator is accountable for the whole estate of the deceased. EXCEPTION: He is not accountable for properties which never came to his possession. EXCEPTION TO THE EXCEPTION: When through untruthfulness to the trust or his own fault or for lack of necessary action, the executor or administrator failed to recover part of the estate which came to his knowledge. Administrator or executor shall not profit by the increase of the estate nor be liable for any decrease which the estate, without his fault, might have sustained. EXPENSES OF ADMINISTRATION: those necessary for the management of the property, for protecting it against destruction or deterioration, and possibly for the production of fruits.
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RULE 90 DISTRIBUTION AND PARTITION OF THE ESTATE Liquidation means the determination of all assets of the estate and payment of all debts and expenses.
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RULE 91 ESCHEATS 3 INSTANCES of ESCHEATS 1. When a person dies intestate leaving no heir but leaving property in the Philippines (Section 1) 2. REVERSION PROCEEDINGS Sale in violation of the Constitutional provision 3. Unclaimed Balance Act under Banking Laws What is the basis of the states right to receive property in escheat? Order of succession under the Civil Code, the STATE is the last heir of the decedent. Who files? Solicitor General or his representative in behalf of the Philippines. Where to file? RTC of last residence or of location of his estate in the Philippines if he is a nonresident.
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RULE 92 GUARDIANSHIP Guardianship of minors is now governed by the Rule on Guardianship of Minors (A.M. No. 03-02-05-SC) which took effect on May 1, 2003. While guardianship of incompetents is still governed by the provisions of the Rules of Court on Guardianship (Rule 92 to Rule 97).
MINOR
1. any relative; or 2. other person on behalf of a minor; or 3. the minor himself if 14 years of age or over; or
4. the Secretary of Social Welfare and Development AND by the Secretary of Health in case of an insane minor who needs to be hospitalized. (Sec. 2 AM 03-02-05-SC)
INCOMPETENT
1. any relative; 2. friend; or 3. other person on behalf of the resident incompetent who has no parents or lawful guardian; or
4. the Director of Health in favor of an insane person who should be hospitalized or in favor of an isolated leper. (Sec. 1)
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Jurisdiction: Incompetents RTC of his residence or where his property is located in case of non-residents (Sec. 1) Minor Family Court of his residence or where his property is located in case of non-resident (Sec. 3, AM 0302-08) KINDS OF GUARDIANS A. According to scope: 1. General - over the person of the ward or over his property 2. Limited - over the property only B. According to constitution: 1. general guardian 2. legal guardian 3. guardian ad litem INCOMPETENT includes: (Sec. 2) 1. those suffering from penalty of civil interdiction 2. hospitalized lepers 3. prodigals 4. deaf and dumb who are unable to read and write 5. those of unsound mind though they have lucid intervals 6. persons not of unsound mind but by reason of age, disease, weak mind and other similar causes cannot take care of themselves or manage their property. RULE 93 APPOINTMENT OF GUARDIANS Who may petition for appointment of guardian? The father and the mother shall jointly exercise legal guardianship over the person and property of their minor without the necessity of a court appointment. In such case, this Rule
a) b)
c)
d)
e)
f)
g)
h)
the jurisdictional facts; the name, age and residence of the prospective ward; the ground rendering the appointment necessary or convenient; the death of the parents of the minor or the termination, deprivation or suspension of their parental authority; the remarriage of the minors surviving parent; the names, ages, and residences of relative within the 4th civil degree of minor, and of persons having him in their care and custody; the probable value, character and location of the property of the minor; and the name, age and residence of the person for whom letters of guardianship are prayed.
a) b)
c)
d)
e) f)
the jurisdictional facts; the minority or incompetency rendering the appointment necessary or convenient; the probable value and character of his estate; the names, ages, and residences of the relatives of the minor or incompetent, and of the persons having him in their care; the name of the person for whom letters of guardianship. (Sec. 2 Rule 93)
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4. When the best interest of the minor so requires. B. Qualifications of Guardians (Sec. 5) 1. Moral character 2. Physical, mental and psychological condition 3. Financial status 4. Relationship of trust with the minor 5. Availability to exercise the powers and duties of a guardian for the full period of guardianship 6. Lack of conflict of interest with the minor 7. Ability to manage the property of the minor. C. Who may be appointed guardian of the person or property, or both, of a minor (Sec.6) In default of parents or a court appointed guardian, the court may the following observing as far as, practicable, the ORDER OF PREFERENCE: 1. the SURVIVING GRANDPARENT and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations; 2. the OLDEST BROTHER OR SISTER of the minor over twenty-one years of age, unless unfit or disqualified; 3. the ACTUAL CUSTODIAN of the minor over twenty-one years of age, unless unfit or disqualified; and 4. any OTHER PERSON, who in the sound discretion of the court would serve the best interests of the minor. D. Case Study Report (Sec. 9) The court shall order a social worker to conduct a case study of the minor and all prospective guardians and submit report and recommendation to the court for its guidance before the scheduled hearing.
2. has died
B. Grounds for removal of a guardian: 1. insanity; 2. incapability or unsuitability to discharge functions; 3. wastage or mismanagement of the property of the ward; and 4. failure to render an account or make a return within 30 days after it was due. SALIENT FEATURES and SPECIAL RULES FOUND IN THE RULE ON GUARDIANSHIP OF MINORS (A.M. No. 03-02-05-SC, effective May 1, 2003) A. Grounds for Petition (Sec. 4) 1. Continued Absence, or Incapacity or Death of his parents; (AID) 2. Suspension, Termination or Deprivation of parental authority; (STD) 3. Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental authority;
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RULE 98 TRUSTEES Jurisdiction: RTC in which the will was allowed, if it be a will allowed in the Philippines, otherwise by the RTC of the province in which the property, or some
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D. SUPERVISED TRIAL CUSTODY (STC) (Sec.15) Before issuance of decree of adoption the court shall give the adopter trial custody of the adoptee for at least 6 MONTHS. Reason: So the parties will adjust psychologically and emotionally to each other and establish a bonding relationship. Court may reduce or exempt parties from STC. GENERAL RULE: Alien adopter must complete the 6 MONTHS STC. EXCEPTION: Same as Exemptions from requirements of residency and certification. E. DECREE OF ADOPTION If issued, this will take effect as of the date of filing of the original petition. In case of change of name, the decree shall be submitted to the Civil Registrar where the court issuing the same is situated. An amended birth certificate shall be issued. The original birth certificate shall be stamped cancelled and shall be sealed in the Civil Registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue. EFFECTS OF ADOPTION 1. adopter will exercise parental authority. 2. all legal ties between biological parents and the adoptee shall be severed, except when biological parent is spouse of adopter. 3. adoptee shall be considered legitimate child of adopter for all intents and purposes.
INTER COUNTRY ADOPTION (Secs. 26-32) Where to file Petition? - A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found. - It may be filed directly with the Inter-Country Adoption Board. WHO MAY ADOPT 1. any alien or Filipino citizen permanently residing abroad who is at least twenty-seven (27) years of age; 2. other requirements same as with RA 8552. WHO MAY BE ADOPTED Only a legally free child may be the subject of inter-country adoption. A child under the Inter-Country Adoption Act is defined as any person below fifteen (15) years of age. RESCISSION AND REVOCATION OF ADOPTION Under the Domestic Adoption Act of 1998, the ADOPTER CAN NO LONGER REVOKE the adoption, he can merely disinherit the adoptee in accordance with the provisions of the Civil Code. In revocation, it relates only as to the date of the judgment. Hence in revocation, vested rights prior to rescission should be respected. Who files? 1. ADOPTEE
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-------Petition for declaration of absence may be filed Considered dead for all intents and purposes except for purposes of succession For purposes of marriage: 4 years continuous absence shall be sufficient for present spouse to remarry, 2 years only under extraordinary circumstance
PURPOSE OF PETITION - to appoint an administrator over the properties of the absentee. Hence, if absentee left no properties, such petition is unnecessary. GROUNDS FOR TERMINATION OF THE ADMINISTRATION 1. absentee personally appears through an agent 2. absentee death is proven and heirs appear 3. third person appears showing that he acquired title over the property of the absentee 4. Actual or presumptive death cannot be the subject if it is the onlt question or matter involved in a case or upon which a competent court has to pass. (Lukban vs. Republic, GR No. 8492, February 29, 1956)
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Verified petition filed in the RTC where the corresponding Civil registry is located Solicitor General Civil registrar must be notified by concerned is made a service of a copy of party to the the petition. proceeding as a respondent. The Solicitor General must also be notified by service of a copy of the petition. Petition is filed by Petition is filed by person desiring to any person change his name interested in any ACT, EVENT, ORDER or DECREE Order for hearing Order shall also be shall be published published once for once a week for three consecutive three consecutive weeks and court weeks shall cause reasonable notice to persons named in petition Service of judgment shall be upon the civil register concerned
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SPECIAL PROCEEDING
1. Settlement of the Estate
VENUE
Resident of the Decedent or if the decedent is a nonresident, place where he had an estate
JURISDICTION
MTC if the gross value of the estate does not exceed P200,000, or P400,000 in Metro Manila RTC if the gross value of the estate exceeds the above amounts
2. Escheat
a. Person dies intestate leaving no heir Resident of the decedent or if nonresident, in the place where he had an estate. b. Reversion Where the land lies in whole or in part c. Unclaimed Balance Where the dormant deposits are located
RTC
RTC
RTC
3.
Appointment of Guardians
Family Court (in case of Minors) RTC (Regular courtsin cases other than minors)
4.
Appointment of Trustees
Where the will was allowed or where the property or portion thereof affected by the trust is situated Where the adopter resides Where the adoptee resides Where the detainee is detained (if the petition is filed with the RTC) Where petitioner resides Where the absentee resided before his disappearance
RTC
5. 6. 7.
Family Court Family Court SC, CA, RTC, MTC in the province or city in case there is no RTC judge RTC
8. 9.
RTC
RTC
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