SPECIAL PROCEEDINGS

Venue and Jurisdiction of Special Proceedings

ACTION 1. Settlement of the Estate VENUE a. Inhabitant of the Philippines (Resident): Province in which he resides at the time of his death b. Inhabitant of a Foreign Country (NonResident): Any province in which he had estate
(Rule 73, Section 1)

JURISDICTION MTC: If the gross value of the estate does not exceed P300,000.00, or does not exceed P400,000.00 in Metro Manila RTC: If the gross value of the estate exceeds the above amounts

2. Escheat

a. Person dies intestate, leaving no heir or person by law entitled to the same: Resident: province where the deceased last resided Non-resident: province in which he had estate (Rule 91, Section 1) b. Reversion or escheat of properties alienated in violation of the Constitution or of any statute: province where the land lies in whole or in part
(Rule 91, Section 5)

RTC

3. Guardianship of minors and incompetents

Resident: place where the minor or incompetent person resides Non-Resident: place where his property or part thereof is situated
(Rules 92-97; A.M. No. 03-02-05-SC)

Family Courts: Minors RTC: Incompetents who are not minors

4. Trustees

Place where the will is allowed or where the property or portion thereof affected by the trust is situated
(Rule 98, Section 1)

RTC Family Court Family Court or the Inter-Country Adoption Board Family Court Family Court

5. Domestic Adoption 6. Inter-Country Adoption

Place where the adopter resides (A.M. No.02-06-02-SC) Place where the adopter resides if filed with the Family Court
(A.M. No. 0206-02-SC)

7. Rescission of Adoption 8. Custody of Minors

Place where adoptee resides

(A.M. No. 02-06-02-SC)

Province or City where petitioner resides or minor may be found

(Rule 99, Section 1)

9. Writ of Habeas Corpus

Place where the detainee is detained (if the petition is filed with the RTC)
(Rule 102)

SC, CA, RTC, MTC in the province or city in case there is no RTC judge; Sandiganbayan: only in aid of its appellate jurisdiction RTC, Sandiganbayan, CA, SC or any justice thereof RTC, Sandiganbayan, CA or SC when the action concerns public data or files of government offices

10. Writ of Amparo

Place where the threat, act or omission was committed or any of its elements occurred
(A.M. No. 07912SC)

11. Writ of Habeas Data

12. Absentees

Place where the petitioner or respondent resides or that which has jurisdiction over the place where the data or information is gathered, collected or stored at the option of the petitioner (A.M. No. 08-1-16SC) Place where the absentee resided before his disappearance (Rule 107)

RTC

Balbas, Maria Clarissa S. 2012-200279

November 26, 2012