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Special Proceedings

What is a Special Proceeding?


Remedy
Seeks Status Particular Fact

Party
Establish Right

What is Succession?
Mode of acquisition Rights Obligations Death Property Value

Transmitted

By Will or Operation of Law

What is a Civil Action?


Party sues another

For the enforcement

or protection of a right

The prevention

or redress of a wrong

What is a Criminal Action?


State prosecutes

Person

Act or Omission Punishable by Law

What is a Will?
PERSON

PERMITTED BY THE FORMALITIES OF THE LAW

CONTROL TO A CERTAIN DEGREE THE DISPOSITION OF HIS ESTATE

TO TAKE EFFECT AFTER HIS DEATH

What are the kinds of wills?


Holographic and Notarial Will

What is a Holographic Will?


A holographic will must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed (Article 810, Civil Code).

What is a Notarial Will?


Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testators name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court.

Form of a Notarial Will


1. In Writing; 2. Executed in a language or dialect known to the testator; 3. Subscribed by the testator himself or by the testators name written by some other person in his presence and under his express direction at the end thereof, at the presence of witnesses; 4. Attested to and subscribed by at least 3 credible witnesses in the presence of the testator and of one another; 5. Each and every Page must be signed by the testator or by the person requested by him to write his name, and by instrumental witnesses in the presence of each other, on the left margin; 6. Each and every page of the will must be Numbered correlatively in letters placed on the upper part of each page; 7. Must contain an Attestation clause, stating the following: a. The number of pages of the will, b. Fact that the testator signed the will and every page in the presence of witnesses, or caused some other person to write his name under his express direction, c. All witnesses signed the will and every page thereof in the presence of the testator and of one another; 8. Must be acknowledged before a Notary public. What are the special requirements if the testator is deaf or mute? a. If the testator is able to read, he must personally read the will; or b. If the testator is unable to read, he must designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. (Art. 807; see Rabuya, Civil Law Reviewer, p. 559) Note: The law does not require that the persons reading and communicating the contents of the will be the instrumental witnesses. (id., p. 560) What are the special requirements if the testator is blind? The will shall be read to him twice, once by one of the subscribing witnesses, and another time by the notary public before whom the will is acknowledged. (Art. 808; id.) Note: Art. 808 applies not only to blind testators but also to those who, for one reason or another, are incapable of reading their wills, either because of poor or defective eye sight or because of illiteracy. (id.)

What is Probate?

A SPECIAL PROCEEDING TO ESTABLISH THE VALIDITY OF A WILL

Rule 72
Section 1 Subject matter of special proceedings a) Settlement of State of Deceased Persons b) Escheat c) Guardianship and custody of children d) Trustees e) Adoption f) Rescission and revocation of adoption g) Hospitalization of insane persons h) Habeas Corpus

Rule 72
Section 1 Subject matter of special proceedings i) Change of name j) Voluntary dissolution of corporations k) Judicial approval of voluntary recognition of minor natural children l) Constitution of family home m) Declaration of absence and death n) Cancellation or correction of entries in the civil registry

SEGTAR HHC VJC DC

Rule 72
Section 2. Applicability of rules of civil actions. In the absence of special provisions, the rules provided for in ORDINARY ACTIONS shall be, as far as practicable, applicable in SPECIAL PROCEEDINGS.

Rule 73 Venue and Process


SECTION 1. Inhabitant of the Philippines at the time of his death = RTC where he resides at the time of his death Inhabitant of a foreign country = RTC of any province in which he had estate Exclusionary Rule: The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.

Rule 73 Venue and Process


SECTION 1. Where estate of deceased person settled Inhabitant of the Philippines at the time of his death = RTC where he resides at the time of his death Inhabitant of a foreign country = RTC of any province in which he had estate Exclusionary Rule: The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.

Rule 73 Venue and Process


File in RTC Beginning 2004 In Metro Manila >P 400,000

Outside Metro Manila

>P 300,000

File in MTC

Beginning 2004

In Metro Manila

<= P 400,000

Outside Metro Manila

<= P 300,000

Rule 73 Venue and Process


SECTION 2. Where estate settled upon dissolution of marriage When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.

Rule 73 Venue and Process


What is the difference between absolute community of property and conjugal property?

Rule 73 Venue and Process


SECTION 3. Process RTC may issue warrants and if a person does not perform an order of judgment it may issue a warrant for his apprehension and imprisonment.

Rule 73 Venue and Process


SECTION 4. Presumption of Death Sec. 4. Presumption of death. - For purposes of settlement of his estate, a person shall be presumed dead if absent and unheard from for the periods fixed in the Civil Code. But if such person proves to be alive, he shall be entitled to the balance of his estate after payment of all his debts. The balance may be recovered by motion in the same proceeding.

Rule 73 Venue and Process


SECTION 4. Presumption of Death Under the Civil Code, the absentee shall be presumed dead for the prupose of opening his succession after an absence of 10 years, but if he disappeared after the age of 75 years, an absence of 5 years is sufficient (Art. 390). If, however, the absentee was on board a vessel lost during a sea voyage, or an airplane which is missing, or was in the armed forces and has taken part in a war, or has been in danger of death under other circumstances, only 4 years is required (Art. 391).

Rule 74 Summary Settlement of Estates


SECTION 1. Extrajudicial settlement by agreement between heirs.

Rule 74 Summary Settlement of Estates


SECTION 2. Summary settlement of estates of small value.

Rule 74 Summary Settlement of Estates


SECTION 3. Bond to be filed by distributees.

Rule 74 Summary Settlement of Estates


SECTION 4. Liability of distributees and estate.

Rule 74 Summary Settlement of Estates


SECTION 5. Period for claim of minor or incapacitated person.

Rule 75 Production of Will


SECTION 1. Allowances necessary; Conclusive as to execution.

Rule 75 Production of Will


SECTION 2. Custodian of will to deliver.

Rule 75 Production of Will


SECTION 3. Executor to present will and accept or refuse trust.

Rule 75 Production of Will


SECTION 4. Custodian and executor subject to fine for neglect.

Rule 75 Production of Will


SECTION 5. Person retaining will may be committed.

Rule 76 Allowance or Disallowance of Will


SECTION 1. Who may petition for the allowance of will. Any executor, devisee, or legatee named in a will. Any other person interested in the estate. The testator himself may, during his lifetime, petition the court for the allowance of his will.

Rule 76 Allowance or Disallowance of Will


SECTION 2. Contents of Petition. (a) The Jurisdictional facts; (b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent; (c) The probable value and character of the property of the estate; (d) The name of the person for whom letters are prayed; (e) If the will has not been delivered to the court, the name of the person having custody of it.

Rule 76 Allowance or Disallowance of Will


SECTION 3. Court to appoint time for proving will.

Rule 76 Allowance or Disallowance of Will


SECTION 4. Heirs, devisees, legatees, and executors to be notified by mail or personally.

Rule 76 Allowance or Disallowance of Will


SECTION 4. Heirs, devisees, legatees, and executors to be notified by mail or personally. Who are the compulsory heirs?

The following persons are compulsory heirs entitled to a legitime:


a.) Legitimate children (including legitimated and adopted children) and descendants, with respect to their legitimate parents and ascendants; b.) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; c.) The widow or widower; and d.) The Illegitimate children.

Rule 76 Allowance or Disallowance of Will


SECTION 5. Proof at hearing.

Rule 76 Allowance or Disallowance of Will


SECTION 6. Proof of lost or destroyed will.

Rule 76 Allowance or Disallowance of Will


SECTION 7. Proof when witnesses do not reside in province.

Rule 76 Allowance or Disallowance of Will


SECTION 8. Proof when witnesses dead or insane or do not reside in the Philippines.

Rule 76 Allowance or Disallowance of Will


SECTION 9. Grounds for disallowing will. The will shall be disallowed in any of the following cases: (a) If not executed and attested as required by law; (b) If the testator was insane, or otherwise mentally incapable to make a will, at the time of its execution; (c) If it was executed under duress, or the influence of fear, or threats; (d) If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of some other person for his benefit; (e) 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.

Rule 76 Allowance or Disallowance of Will


SECTION 10. Contestant to file grounds of contest.

Anyone appearing to contest the will must state in writing his grounds for opposing its allowance, and serve a copy thereof on the petitioner and other parties interested in the estate.

Rule 76 Allowance or Disallowance of Will


SECTION 11. Subscribing witnesses produced or accounted for where will contested.

Rule 76 Allowance or Disallowance of Will


SECTION 12. Proof where testator petitions for allowance of holographic will.

Rule 76 Allowance or Disallowance of Will


SECTION 13. Certificate of allowance attached to proved will.

Rule 77 Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder
SECTION 1. Will proved outside Philippines may be allowed here.

Rule 77 Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder
SECTION 2. Notice of hearing for allowance

Rule 77 Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder
SECTION 3. When will allowed, and effect thereof.

Rule 77 Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder
SECTION 4. Estate, how administered.

Rule 78 Letters Testamentary and of Administration, When and Whom Issued


SECTION 1. Who are incompetent to serve as executors or administrators.

Rule 78 Letters Testamentary and of Administration, When and Whom Issued


SECTION 2. Executor of executor not to administer estate.

Rule 78 Letters Testamentary and of Administration, When and Whom Issued


SECTION 3. Married women may serve.

Rule 78 Letters Testamentary and of Administration, When and Whom Issued


SECTION 4. Letters testamentary issued when will allowed.

Rule 78 Letters Testamentary and of Administration, When and Whom Issued


SECTION 5. Where some coexecutors disqualified others may act.

Rule 78 Letters Testamentary and of Administration, When and Whom Issued


SECTION 6. When and to whom letters of administration granted.

Rule 79 Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration
SECTION 1. Opposition to issuance of letters testamentary; Simultaneous petition for administration.

Rule 79 Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration
SECTION 2. Contents of petition for letters of administration

Rule 79 Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration
SECTION 3. Court to set time for hearing. Notice thereof.

Rule 79 Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration
SECTION 4. Opposition to petition for administration.

Rule 79 Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration
SECTION 5. Hearing and order for letters to issue.

Rule 79 Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration
SECTION 6. When letters of administration granted to any applicant.

Rule 80 Special Administrator


SECTION 1. Appointment of special administrator.

Rule 80 Special Administrator


SECTION 2. Powers and duties of special administrator.

Rule 80 Special Administrator


SECTION 3. When powers of special administrator cease; Transfer of effects; Pending suits.

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