COMPARATIVE TABLE on JURISDICTION and VENUE in SPECIAL PROCEEDINGS

Kind of Special Proceedings Jurisdiction and Venue

1. Settlement of Estate 1. RTC or MTC (depending on the gross value of the estate) of the
(Rule 73) province where the deceased last resided.
2. In case the decedent is a non-resident of the Philippines at the
time of his death, venue lies in any province in which he had an
estate.

2. Escheat (Rule 91) 1. RTC of province where the deceased last resided.
2. In case the decedent is a non-resident of the Philippines at the
time of his death, venue lies in any province in which he had an
estate.

3. Guardianship 1. Family Court of province or city where the minor actually

a. Rule on Guardianship resides.
of Minors (A.M. No. 2. If minor resides in a foreign country, in the Family Court of the
03-02-05-SC) province or city where his property or any part thereof is
situated.

b. Guardianship over 1. RTC of the province or city where incompetent person last
incompetent persons resided.
who are not minors 2. If the incompetent person resides in a foreign country, in the
under the Rules of Family Court of the province or city where his property or any
Court (Rules 92-97) part thereof is situated.

4. The Rules of Adoption 1. Family Court of province or city where prospective adoptive
(A.M. No. 02-6-02-SC) parents reside.
a. If filed under the
Domestic Adoption 2. If the petition is for Rescission of Adoption of the Adoptee –
Act (R.A. No. 8552) Family Court of the city or province where the adoptee resides
(Sec. 19).

b. If filed under the 1. Family Court having jurisdiction over the place where the child
Inter-Country resides or may be found (filed by a foreign national or Filipino
Adoption Act (R.A. citizen permanently residing abroad).
No. 8043)
2. It may be filed directly with the Inter-Country Adoption Board.

5. Habeas Corpus 1. If filed with RTC, where the person is detained. SC, CA and RTC
a. Habeas Corpus for have concurrent jurisdiction.
illegal confinement
or detention (Rule *The writ of habeas corpus issued by the RTC shall be enforceable
102) only within its judicial region (Sec. 21, B.P. Blg. 129).

MELGEN J. SARRA
 b. Habeas Corpus for 1. Family courts have exclusive jurisdiction (Family Courts Act of
custody of minors 1997 [R.A. No. 8309]).
(A.M. No. 03-04-04
SC) 2. Under the Rule on Custody of Minors and Writ of Habeas
Corpus in relation to Custody of Minors (A.M. No. 03-04-04-SC),
the petition may be filed with SC, CA or any of its members, and,
if so granted, the writ shall be enforceable anywhere in the
Philippines.

6. Amparo (A.M. No. 07-9- SC, CA and Sandiganbayan, RTC

12-SC)
If with the RTC:

The place where the threat, act or omission was committed or

any of its elements occurred. (Sec. 3)

7. Habeas Data (A.M. No. SC, CA and Sandiganbayan when the action concerns public data
08-1-16-SC) or files of government offices

If with the RTC:

1. where petitioner resides; or
2. where respondent resides; or
3. that which has jurisdiction over the place where data or
information is gathered, collected or stored, at the option
of petitioner. (Sec. 3)

8. Change of Name (Rule RTC of the province where the petitioner resides. (Sec. 1)
103)
9. Absentees (Rule 107) RTC of place where absentee resided before his disappearance.
(Sec. 1)

10. Cancellation or RTC of the province where the corresponding Local Civil Registrar
Correction of Entries of place is located. (Sec. 1)
(Rule 108)
11. The Clerical Error Act 1. Local civil registry office of the city or municipality where the
(R.A. No. 9048) record being sought to be corrected or changed is kept;
2. Local civil registrar of the place where the interested party is
presently residing or domiciled;
3. Philippine Consulates

MELGEN J. SARRA