SPECIAL PROCEEDINGS
Name of the Action Nature of the Action
Settlement of Estate of
Deceased Persons
Probate of a Will 1. IN REM- It is binding upon the whole
world.
2. MANDATORY- No will shall pass either
real or personal property unless it is proved
and allowed in the proper court.
Note: However, a will may be sustained on
the basis of Article 1080 of the NCC which
states that, if the testator should make a
partition of his property by an act intervivos
or by will, such partition shall stand in so far
as it does not prejudice the legitime of the
forced heir. (Mang- Oy v. CA, L-27421,
1986)
3. IMPRESCRIPTIBLE- because of the
public policy to obey the will of the testator
4. DOCTRINE OF ESTOPPEL DOES NOT
APPLY- the probate of the will is mandatory.
The presentation and probate of the will is
required by public policy. It involves public
interest. (Fernandez v. Dimagiba, L- 23638,
1967)
Disallowance of a Will
LETTERS TESTAMENTARY
AND OF ADMINISTRATION
OPPOSITION TO ISSUANCE Any person interested in the will may file a
OF LETTERS written opposition.
TESTAMENTARY Note: He may attach thereto a petition for
letters of administration and pray that letters
be issued to himself, or to any competent
person named in the opposition (Sec. 1, Rule
79).
APPOINTMENT OF AN 1. He shall at all times have access to, and
ADMINISTRATOR OR may examine and take copies of books and
EXECUTOR papers relating to the partnership;
2. He can make invoices of the property
belonging to the partnership, and the
surviving partner or partners on request; and
3. The books, papers, and property in the
partnerships hands or control shall be
exhibited to such executor or administrator.
(Sec. 1, Rule 84)
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Where to File Grounds
RTC- Gross value of To pass upon the issue regarding:
the estate exceeds 1. Validity of the will (i.e. formalities required by law)
400,000/ 500,000 2. Distribute shares
(Manila) 3. Determine who are the legal heirs
MTC- Gross value of 4. Issue warrants and processes to secure attendance of witnesses
the estate does not 5. Determine and rule upon issues relating to settlement of the estate,
exceed 400,000/ such as administration, liquidation, and distribution of the estate
500,000 6. Determine the following:
a. Heirs of the decedent;
b. Recognition of natural child;
c. Validity of disinheritance effected by testator;
d. Status of a woman who claims to be the lawful wife of the decedent ;
e. Validity if waiver of hereditary heirs;
f. Status of each heir;
g. Whatever property in the inventory is conjugal or exclusive property
of deceased spouse; or
h. Matters incidental or collateral to the settlement and distribution of the
estate.
Who may probate a will:
1. Executor (Sec. 1, Rule 76);
2. Devisee or legatee named in the will (Sec. 1, Rule 76);
3. Person interested in the estate; e.g. heirs
Note: An interested party is one who would be benefited by the estate,
such as an heir, or one who has a claim against the estate such as a
creditor. (Sumilang v. Ramagosa, G.R. No. L-23135, Dec. 26, 1967)
4. Testator himself during his lifetime (Sec. 1, Rule 76); or
5. Any creditor as preparatory step for filing of his claim therein.
RTC 1. If not executed and attested as required by law;
2. If the testator was insane, or otherwise mentally incapable to make a
will, at the time of its execution;
3. If it was executed under duress, influence of fear, or threats;
4. If it was procured by undue and improper pressure or influence, on the
part of the beneficiary, or of some other person for his benefit; or
5. If the signature of the testator was procured by fraud or trick, and he
did not intend that the instrument should be his will at the time of fixing
his signature thereto. (Sec. 9, Rule 76)
RTC Who may be appointed:
1. Executor named by the testator in his will for the administration of
his property after his death;
2. Administrator appointed by the court in accordance with the Rules
or governing statutes to administer and settle the intestate testate; or
3. Administrator with a will annexed appointed by the court in cases
when, although there is a will, the will does not appoint any executor, or
if appointed, said person is either incapacitated or unwilling to serve as
such.
RTC Any interested person may by filing a written opposition, contest the
petition on the ground of the:
1. Incompetency of the person for whom letters are prayed therein; or
2. Contestant's own right to the administration (Sec. 4, Rule 79).
Court having General Powers of the Administration of an estate
Jurisdiction over the 1. To have access to, and examine and take copies of books and papers
Estate 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 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
4. To make improvements on the properties under administration with
the necessary court approval except for necessary repairs
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APPOINTMENT OF 1. The principal object is to preserve the
SPECIAL ADMINISTRATOR estate until it can pass into the hands
of persons fully authorized to
administer it for the benefit of the
creditors and heirs (De Guzman v.
Guadiz, G.R. No. L-48585, Mar. 31,
1980).
2. Interlocutory order
REMOVAL OF
ADMINISTRATOR
Escheat It is a French or Norman term meaning
chance or accident. It is the reversion of
property to the State in consequence of want
of any individual competent to inherit.
Trustees A trustee is one who is appointed to carry out RTC-Gross value of Conditions of the Bond
the provision of the will or any written
instrument executed by the trustor.
MTC- does not exceed which at the time of the making of such inventory shall have come to his
RULE 103: Change of first Judicial; hearing is necessary
name or surname.
RA 9048: Change of first name Administrative; hearing is not necessary.
or nickname/ correction of
clerical errors of entries in the
Civil Registry.
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5. To possess and manage the estate when necessary:
i) For the payment of debts; and
ii) For the payment of expenses of administration
1. When there is delay in granting letters testamentary or of
administration by any cause including an appeal from the allowance or
disallowance of a will (Sec. 1, Rule 80); or
2. When the executor or administrator is a claimant against the estate he
represents (Sec. 6, Rule 86).
Note: Only one special administrator at a time may be appointed, since
the appointment is merely temporary.
1. Neglect to render an account and settle the estate according to law;
2. Neglect to perform an order or judgment of the court, or a duty
expressly provided by the Rules;
3. Absconds;
4. Becomes insane; or
5. Becomes incapable or unsuitable to discharge the trust (Sec. 2, Rule
82).
1. Death;
2. Resignation;
3. An administrator who disbursed funds of the estate without judicial
approval. (Cotia vs. Jimenez, 104 Phil. 960);
4. False representation by an administrator in securing his appointment
(Cabarubbias vs. Dizon, 76 Phil. 209);
5. An administrator who holds an interest adverse to that of the estate or
by his conduct showing his unfitness to discharge the trust (Garcia vs.
Vasquez, 32 SCRA 490);
6. An administrator who has the physical inability and consequent
unsuitability to manage the estate (De Borja vs. Tan, 93 Phil. 167).
RTC 1. When a person dies intestate leaving no heir but leaving property in
the Philippines (Sec. 1, Rule 91);
2. Reversion proceedings where sale of property is made in violation of
the Constitutional provision; and
3. Dormant accounts for 10 years (Unclaimed Balance Act of Banking
Laws).
the estate exceeds 1. That the trustee will make and return to the court, at such time as it
400,000/500,000 may order, a true inventory of all the estate belonging to him as trustee,
400,000/ 500,000 possession or knowledge;
Note: When the trustee is appointed as a successor to a prior trustee, the
court may dispense with the making and return of an inventory if one has
already been filed.
2. That he will manage and dispose of all such estate, and faithfully
discharge his trust in relation thereto, according to law
3. and the will of the testator or the provisions of the instrument or order
under which he is appointed;
4. That he will render upon oath at least once a year until his trust is
fulfilled a true account of the property in his hands and of the
management and disposition thereof, and such other accounts as the
court may order; and
5. That at the expiration of his trust he will settle his accounts in court
and pay over and deliver all the estate remaining in his hands, or due
from him on such settlement, to the persons entitled thereto (Sec. 6, Rule
98).
GROUNDS FOR REMOVAL AND RESIGNATION OF A TRUSTEE
1. Removal appears essential in the interest of petitioners;
2. Insanity;
3. Incapability of discharging the trust; or
4. Unsuitability (Sec. 8, Rule 98).
RTC of the province 1. Name is ridiculous, tainted with dishonor or extremely difficult to
where the petitioner write or pronounce;
resides at least 3 2. Habitual and continuous used and been known since childhood by a
months. Filipino name, unaware of her alien parentage;
3. Consequence of a change of status;
4. A sincere desire to adopt a Filipino name to erase signs of former
alienage, all in good faith and without prejudicing anybody;
5. The change will avoid confusion; or
6. When the surname causes embarrassment and there is no showing that
the desired change of name was for a fraudulent purpose or that the
change of name should prejudice public interest.
1. Local Civil Registry
office where the record 1. The petitioner finds the first name or nickname to be ridiculous,
is kept; tainted with dishonor or extremely difficult to write or pronounce.
2. Consul general. 2. The new first name or nickname has been habitually and continuously
used by the petitioner and he has been publicly known by that by that
first name or nickname in the community: or
3. The change will avoid confusion.
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 RULE 108:Cancellation or Judicial; hearing is necessary
correction of entries in the civil Summary if it involves clerical errors
registry Adversarial if it involves substantial errors.
Declaration of absence and It is to appoint an administrator over the
death properties of the absentee. This is proper
only where the absentee has properties to be
administered.
Voluntary dissolution of
corporation
Administrative correction of
entry/change of first name or
nickname
Guardianship It is a trust relation in which one person acts Family Court In case 1. Death, continued absence, or incapacity of his parents;
for another whom the law regards as
incapable of managing his own affairs.
Domestic Adoption It is a juridical act, a proceeding in rem,
which creates between two persons a
relationship similar to that which results
from legitimate paternity and filiation.
Rescission of Adoption
Inter-country Adoption It refers to the socio-legal process of
adopting a Filipino child by a foreigner or a
Filipino citizen permanently residing abroad
where the petition is filed, the supervised
trial custody is taken, and the decree of
adoption is issued outside of the Philippines.
[Sec. 3(a)]
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RTC Entries subject to correction:
1. Births;
2. Marriages;
3. Deaths;
4. Legal separations;
5. Judgments of annulments of marriage;
6. Judgments declaring marriages void from the beginning;
7. Legitimations;
8. Adoptions;
9. Acknowledgments of natural children;
10. Naturalization;
11. Election, loss or recovery of citizenship;
12. Civil interdiction;
13. Judicial determination of filiation; and
14. Change of name. (Sec. 2)
RTC When a person disappears from his domicile his whereabouts being
unknown, and without having left an agent to administer his property, or
the power conferred upon the agent has expired, any interested party,
relative or friend, may petition the RTC of the place where the absentee
resided before his disappearance for the appointment of a person to
represent him provisionally in all that may be necessary.
When to File:
1. After 2 years:
a. From his disappearance and without any news about the absentee; or
b. of the last news about the absentee.
2. After 5 years If he left an administrator of his property. (Sec. 2, Rule
107)
SEC
Local civil
registry/Consul
general
of minors 2. Suspension, deprivation or termination of parental authority;
RTC In cases other 3. Remarriage of surviving parent, if the latter is found unsuitable to
than minors exercise parental authority; or
4. When the best interests of the minor so require (Sec. 4, A.M. No. 03-
02-05-SC).
Grounds for opposition
1. Majority of the alleged minor; or
2. Unsuitability of the person for whom letters are prayed for (Sec. 10,
A.M. No. 03-02-05-SC).
Family Court where Requirement in order that the child may be adopted:
the Adopter resides There must be a certification which shall be issued by the DSWD in lieu
of a judicial order, thus making the entire process administrative in
nature. The certification, shall be, for all intents and purposes, the
primary evidence that the child is legally available in a domestic
adoption and in an inter-country adoption proceeding (Sec. 8, Ibid.).
Family Court Upon the petition of the adoptee, with the assistance of the DSWD if a
minor or though over 18 is incapacitated, on any of the following
grounds committed by the adopter/s:
1. Repeated physical and verbal maltreatment by the adopter/s despite
having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations (Sec.
19, Ibid.).
Note: Only the adoptee can rescind the decree of adoption. However, the
adopter is not left without any remedy as he may deny to an adopted
child his legitime and by will, may freely exclude him from having a
share in the disposable portion of his estate. The new law had already
abrogated or repealed the right of an adopter under the Civil and Family
Codes to rescind a decree of adoption (Lahom v. Sibulo, G.R. No.
1439889, July 14, 2003).
Family Court or the Contents of Petition. The petitioner must allege:
Inter-Country
Adoption Board a) his age and the age of the child to be adopted, showing that he is at
(Petition may also be filed with least twenty-seven (27) years of age and at least sixteen (16) years older
Family Court where adoptee
resides; FC to endorse petition to than the child to be adopted at the time of application, unless the
ICAB)
petitioner is the parent by nature of the child to be adopted or the spouse
of such parent, in which case the age difference does not apply;
b) if married, the name of the spouse who must be joined as co-petitioner
except when the adoptee is a legitimate child of his spouse;
c) that he has the capacity to act and assume all rights and
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 responsibilities of parental authority under his national laws, and has
undergone the appropriate counseling from an accredited counselor in
his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the
necessary moral values and example to all his children, including the
child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied

under Philippine laws and the U. N. Convention on the Rights of the
Child, and to abide by the rules and regulations issued to implement the
provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has

diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption of a Filipino child is
allowed under his national laws; and

i) that he possesses all the qualifications and none of the

disqualifications provided in this Rule, in Republic Act No. 8043 and in
all other applicable Philippine laws.
Custody of Minors Family courts in the The court shall consider the best interests of the minor and shall
province or city where give paramount consideration to his material and moral
the petitioner resides welfare. (Sec. 14, AM No. 03-04-04-SC).
or where the minor
may be found. (Sec. 3, Best interests standard refers to the totality of the circumstances and
AM No. 03-04-04-SC) conditions as are most congenial to the survival, protection, and feelings
of security of the minor and most encouraging to his physical,
psychological and emotional development. It also means the least
detrimental available alternative for safeguarding the growth and
development of the minor. (Sec. 14, AM No. 03-04-04-SC)

Habeas Corpus It is an inquisition by the government at the Family Court, CA, SC It is a writ directed to the person detaining another and commanding him
suggestion and instance of an individual,
most probably, but still in the name and
capacity of the sovereign is a proceeding in
rem. It is also instituted for the purpose of
fixing the status of a person and that there
can be no judgment entered against anybody
since there is no real plaintiff and defendant.
(Alimpoos v. CA, G.R. No. L-27331, July
30, 1981)
Writ of Amparo It is a remedy available to any person whose RTC, SB, CA or SC or CONTENTS:
right to life, liberty and security is violated or any justice thereof Within seventy-two (72) hours after service of the writ, the respondent
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)
Other Grounds:
1. Any extrajudicial agreement which the parties may have bound
themselves to comply with respecting the rights of the minor to maintain
direct contact with the non custodial parent on a regular basis, except
when there is an existing threat or danger of physical, mental, sexual or
emotional violence which endangers the safety and best interests of the
minor;
2. The desire and ability of one parent to foster an open and loving
relationship between the minor and the other parent;
3. The health, safety and welfare of the minor;
4. Any history of child or spousal abuse by the person seeking custody or
who has had any filial relationship with the minor, including anyone
courting the parent;
5. The nature and frequency of contact with both parents;
6. Habitual use of alcohol, dangerous drugs or regulated substances;
7. Marital misconduct;
8. The most suitable physical, emotional, spiritual, psychological and
educational environment for the holistic development and growth of the
minor; and
9. The preference of the minor over seven years of age and of sufficient
discernment, unless the parent chosen is unfit. (Sec. 14, AM No. 03-04-
04-SC)
to produce the body of the prisoner at a certain time and place with the
day and the cause of his caption and detention to do, submit to and
receive whatsoever, the court or judge awarding the writ shall consider
in that behalf.
shall file a verified written return together with supporting affidavits
which shall, among other things, contain the following:
1. The lawful defenses to show that the respondent did not violate or
threaten with violation the right to life, liberty and security of the
aggrieved party, through any act or omission;
2. The steps or actions taken by the respondent to determine the fate or
whereabouts of the aggrieved party and the person or persons
responsible for the threat, act or omission;
3. All relevant information in the possession of the respondent pertaining

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Writ of habeas data The writ covers instances wherein a persons RTC, SB, CA or SC or Contents of the Petition
right to privacy in life, liberty or security is any justice thereof
violated or threatened by an unlawful act or
omission of a public official or employee, or
of a private individual or entity engaged in
the gathering, collecting or storing of data or
information regarding the person, family,
home and correspondence of the aggrieved
party.
Writ of Kalikasan Special remedy available to a natural or
juridical person, entity authorized by law,
peoples organization, non-governmental
organization, or any public interest group
accredited by or registered with any
government agency, on behalf of persons
whose constitutional right to a balanced and
healthful ecology is violated, or threatened
with violation by an unlawful act or omission
of a public official or employee, or private
individual or entity, involving environmental
damage of such magnitude as to prejudice
the life, health or property of inhabitants in
two or more cities or provinces.
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to the threat, act or omission against the aggrieved party; and
4. If the respondent is a public official or employee, the return shall
further state the actions that have been or will still be taken:
a. to verify the identity of the aggrieved party;
b. to recover and preserve evidence related to the death or disappearance
of the person identified in the petition which may aid in the prosecution
of the person or persons responsible;
c. to identify witnesses and obtain statements from them concerning the
death or disappearance;
d. to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought
about the death or disappearance;
e. to identify and apprehend the person or persons involved in the death
or disappearance; and
f. to bring the suspected offenders before a competent court.
5. Other matters relevant to the investigation, its resolution and the
prosecution of the case.
1. The personal circumstances of the petitioner and the respondent
2. The manner the right to privacy is violated or threatened and how it
affects the right to life, liberty or security of the aggrieved party
3. The actions and recourses taken by the petitioner to secure the data or
information
4. The location of the files, registers or databases, the government office,
and the person in charge, in possession or in control of the data or
information, if known
5. The reliefs prayed for, which may include the updating, rectification,
suppression or destruction of the database or information or files kept by
the respondent. In case of threats, the relief may include a prayer for an
order enjoining the act complained of.
6. Such other relevant reliefs as are just and equitable. (Sec. 6)
Contents of the Return
The respondent, within 5 working days from the service of the writ,
unless reasonably extended by the Court, shall allege:
1. The lawful defenses such as national security, state secrets, privileged
communication, confidentiality of the source of information of media
and others;
2. In case of respondent in charge, in possession or in control of the data
or information subject of the petition:
a. A disclosure of the data or information about the petitioner, the nature
of such data or information, and the purpose for its collection; b. The
steps or actions taken by the respondent to ensure the security and
confidentiality of the data or information; and c. The currency and
accuracy of the data or information held; and
3. Other allegations relevant to the resolution of the proceeding.
Note: A general denial of the allegations in the petition shall not be
allowed.
SC or any stations of
CA
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