Leis Reviewer in SpecPro

What is the Subject Matter of SpecPro?

a. b. c. d. e. f. g. h. i. j. k. l. m. n. Settlement of Estate Deceased Persons Escheat Guardianship and Custody of Children Trustees Adoption Rescission or Revocation of Adoption Hospitalization of Insane Persons Habeas Corpus Change of Name Voluntary Dissolution of Corporation Judicial Approval of Voluntary Recognition of Minor Natural Children Constitution of Family Home Declaration of Absence and Death Cancellation or correction of entries in the Civil Registry

What are the differences b/w an ACTION and a SPECIAL PROCEEDING?

As to PURPOSE ACTION: To protect or enforce a right/ Prevent or redress a wrong SPECIAL PROCEEDING: To establish a STATUS, a RIGHT, or a PARTICULAR FACT

As to MODE OF FILING ACTION: COMPLAINT SPECIAL PROCEEDING: PETITION

As to PARTIES ACTION: Definite Parties SPECIAL PROCEEDING: Definite Petitioner, No definite adverse parties As to REPLY ACTION: ANSWER SPECIAL PROCEEDING: OPPOSITION

What are the differences b/w an ACTION and a SPECIAL PROCEEDING?

As to JURISDICTION ACTION: Court of GENERAL Jurisdiction SPECIAL PROCEEDING: Court of LIMITED Jurisdiction
As to KIND OF PROCEEDING ACTION: ADVERSARIAL SPECIAL PROCEEDING: NON-ADVERSARIAL As to Applicability of PRESCRIPTION ACTION: Statute of Limitation applies SPECIAL PROCEEDING: Statute of Limitation does not apply As to PERIOD FOR APPEAL ACTION: 15 days SPECIAL PROCEEDING: 30 days

Rule 73. VENUE AND PROCESS

Section 1. Where estate of deceased persons settled
GR: Court of First Instance (RTC) of: a. For Resident citizens: In the province in w/c he resides @ time of death b. For Resident Aliens Any province in which he had estate X: MTC: a. Metro Manila < 400k b. Outside Metro Manila < 300k

Rule 73. VENUE AND PROCESS

Section 1. Where estate of deceased persons settled Exclusionary Rule a. The court first taking cognizance of the settlement shall exercise jurisdiction to the exclusion of all other courts. b. Such Jurisdiction shall not be contested in a suit or proceeding except in an APPEAL:
i. ii. iii. From that court; In the original case; or When the want of jurisdiction appears from the record

Rule 73. VENUE AND PROCESS

Section 2.

Where is estate settled upon dissolution of Marriage?

a. If one of the spouses died: In the testate/ intestate proceedings of the deceased spouse b. If both spouses died: In the testate/ intestate proceedings of either spouse

Rule 73. VENUE AND PROCESS

Section 3. Process

What are the valid causes for issuance of a warrant? a. To compel to attendance of witness b. To carry into effect the courts orders and judgments, and all other powers c. Apprehension and imprisonment of persons who do not perform a lawful order or judgment by the court

Rule 73. VENUE AND PROCESS

Section 4. Presumption of Death
When may a person be considered dead for purposes of succession? a. GR: 10 years b. X: disappeared after age 75 5 years What about for all purposes? a. GR: 7 years b. X: Special cases, 4 years (Civil Code) 2 years for the purpose of remarriage(Family Code) if:
i. lost during sea voyage or missing aircraft ii. Armed forces, during war iii. In danger of death under other circumstances