6spec pro.rem-1

7/17/2019 6spec pro.rem-1

http://slidepdf.com/reader/full/6spec-prorem-1 1/36

100 2005 CENTRALIZED B AR OPERATIONS

SPECIAL PROCEEDINGS

SPECIAL PROCEEDINGS - A remedy by

which a party seeks to establish a status,

a right or a particular fact. (Rule 1,

Section 3

JURISDICTIONGENERAL RULE: Regional !rial "ourt

EXCEPTION: #!" has $urisdiction in the

following cases%

1. &robate proceedings whether testate

or intestate where the gross 'alue of

the estate does )! e*ceed&3++,+++ or &++,+++ in #etro

#anila, "/0S2 of interest,

damages of whate'er kind,

attorneys fees, litigation e*penses

and costs.

4. 5/6A!5 70RS5"!)

8 in "adastral and /and

Registration "ases co'ering lots

where there is no contro'ersy or

opposition or contested lots where

the 'alue of which does not e*ceed &

1++!.

8 appeal is taken to the "A, not

to the R!" since #!" is e9ual to R!"

in this instance.

3. S&"A/ 70RS5"!)

8 petitions for writ of :abeas

"orpus in case of absence of R!"

$udges.

S" and "A ha'e original $urisdiction

o'er :abeas "orpus cases, concurrent

with the R!".

ORDINARYACTION

SPECIALPROCEEDING

to protect orenforce a right or

pre'ent or redress awrong

in'ol'es theestablishment of theright, status or fact

in'ol'es two ormore parties

may in'ol'e onlyone party

go'erned byordinary rules

go'erned by specialrules supplemented

supplemented byspecial rules

by ordinary rules

heard by courts of general $urisdiction

heard by courts of limited $urisdiction

nitiated by apleading and partiesrespond through an

answer

nitiated by means of a petition and partiesrespond by means of

an opposition

DIFFERENT MODES OF SETTLEMENT OFESTATE OF DECEASED PERSON

1. *tra$udicial Settlement of

state (Section 1, Rule ;

4. &artition (Rule <=

3. Summary Settlement of state of

Small 2alue (Section 3, Rule ;

. &robate of >ill (Rule ;? to ;=

?. &etition for letters of

Administration in cases of

ntestacy (Rule ;=

PROCEDURE IN SETTLEMENT

PROCEEDINGS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%aT#le!"i!#(VC-Acads), Je!!i)er A!* (VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-Logistics) J#!a"/a!

Ma!*,!%a+a# (Political La), ra!ci$ Be!e%ic" Re#","ar (La!or La), R#&,al% Pa%illa (Civil La),C/ar&ai!e T#rre$ ("a#ation La), Mar. Da-i% Mar"i!e' (Cri$inal La), ar!+ L,i$a Ale*re (Co$$ercialLa), Ji!.+ A!! U+ (%e$edial La), Jac.ie L#, Ba,"i$"a (Legal Ethics)

ssuance of /etters!estamentary@Administration

(A special administrator may beappointed (Rule ;;-+

&robate of the >ill ifany (Rule ;? 8;<

&ayment of "laimsSale@#ortgage@ncumbranceof &roperties of the state

5istribution of Residue, if any(But this can be made e'en before

payment if a bond is filed by the heirs

Ciling of "laims(Rule <




RULE 73VENUE AND PROCESS

VENUE

:AB!A! )C &:/&&S(whether citiDen or alien 8 "ourt

of pro'ince@city where he

resides at the time of death. :AB!A! )C C)R6

")0!RE 8 R!" of any pro'ince

wherein he had his estate.

Residence – means his personal, actual

or physical habitation, his actual

residence or place of abode. (Fule vs.

CA, L-40502, Nov. 29, 1976)

!e"e es#$#e %& dece$sed 'e"s%nsse##(ed) (Sec.1

* +INDS OF SETTLEMENTA. !RA705"A/ S!!/#! -

,R-(e 7./ Sec#i%n 01

B. 705"A/ S!!/#! - !estate or

ntestate &roceedings instituted in

the country where decedent has his

residence

EXTENT OF JURISDICTION&robate courts are courts of /#!5

$urisdiction. t may only determine and

rule upon issues relating to the

settlement of the estate, namely%

1. administration of the estateF

4. li9uidation of the estateF and

3. distribution of the estate.

GENERAL RULE: &robate court cannot

determine issue of ownership.

EXCEPTIONS:

1. &ro'isionally, ownership may bedetermined for the purpose of

including property in in'entory,

without pre$udice to its final

determination in a separate actionF

or

4. >hen all the parties are heirs and

they submit the issue of ownership

to the probate court pro'ided that

the rights of third parties are not

pre$udiced. (Bernardo vs. CA, L-

18148, Fe. 28, 196!)

EXAMPLES OF OT2ER UESTIONS2IC2 T2E PRO4ATE COURT CANDETERMINE

1. >ho are the heirs of the

decedentF4. !he recognition of a natural

childF

3. !he 'alidity of disinheritance

effected by the testatorF

. Status of a woman who claims to

be the lawful wife of the

decedentF

?. !he 'alidity of a wai'er of

hereditary rightsF

<. !he status of each heirF

;. >hether property in in'entory is

con$ugal or e*clusi'e property of deceased spouseF

. All other matters incidental or

collateral to the settlement and

distribution of the estate.

PRINCIPLE OF EXCLUSIONARY RULE!he court first taking cogniDance of the

settlement of the estate of the

decedent, shall e*ercise $urisdiction to

the e*clusion of all other courts.

!he probate court ac9uires $urisdiction

from the moment the petition for thesettlement is filed with said court. t

cannot be di'ested of such $urisdiction

by the subse9uent acts of the parties as

by entering into e*tra$udicial partition

of the estate ("andoval vs. "an#$a%o, 88

&'L 784F or filing another petition for

settlement in a proper court of

concurrent 'enue (e Bor$a vs. *an, 77

&+$l 872).

EXCEPTION:

stoppel by /A":S

7urisdiction under Rule ;3 Sec. 1 does

)! relate to $urisdiction per se but to

'enue. :ence, institution in the court

where the decedent is neither an

inhabitant or ha'e his estate may be

wai'ed. (r$ar#e vs. CF, L-219!8-!9,

a 29, 1970)

mproper 'enue must be seasonably

raised. (/use$o v. /use$o, 100 &'L

59!) 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%aT#le!"i!#(VC-Acads), Je!!i)er A!* (VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-Logistics) J#!a"/a!




Sa! Be%a C#lle*e #) La102

MEMOR( AID IN REMEDIAL LA3

REMEDY IF T2E VENUE IS IMPROPERLYLAID)R5ARE A&&A/ not certiorari or

mandamus 0/SS want of $urisdiction

appears on the record of the case.

R!" may issue writs and processes.

(Sec.3, Rule ;3

GENERAL RULE: &robate court cannot

issue writs of e*ecution.

Reason% its orders usually refer to the

ad$udication of claims against the estate

which the e*ecutor@administrator may

satisfy without the need of e*ecutory

process.

EXCEPTIONS: "/0S2 (eress$oun$us es# elus$o al#er$us

1. !o satisfy the contributi'e share

of the de'isees, legates and

heirs when the latter had

entered prior possession o'er the

estate. (Sec. <, Rule

4. !o enforce payment of the

e*penses of partition. (Sec. 3,

Rule =+

!e"e #!e es#$#e se##(ed -'%ndiss%(-#i%n %& 5$""i$6e (Sec.4

0pon the death of either the husband orthe wife, the partnership affairs must be

li9uidated in the testate or intestate

proceedings of the deceased husband or

wife. f both ha'e died, li9uidation may

be made in the testate or intestate

proceedings of either.

RULE 7.SUMMARY SETTLEMENT OF ESTATE

GENERAL RULE: f a person dies, hisestate is submitted to a $udicial

settlement proceeding.

EXCEPTION: !he heirs may resort to%

1. *tra$udicial settlement of estateF

or

4. Summary settlement of estate 8 must

be conducted in accordance with

regular procedure )! under rules

of summary procedure. (Regalado

n these e*ceptions an administrator

or e*ecutor need not be appointed.

EXTRAJUDICIAL SETTLEMENT 4YAGREEMENT 4ETEEN 2EIRS (Sec.1

Re-isi#es%A. Substanti'e

1. !he decedent left - a no will

b no debts

4. !he heirs are all of age or the

minors are represented by their

$udicial or legal representati'es

dul au#+or$3ed or #+e urose

B. &rocedural

1. 5i'ision of estate must be in a

&0B/" S!R0#! or by

ACC5A2! of A5705"A!) $n

#+e ase o a sole +e$r.4. Ciled with proper Registry of

5eeds

3. &ublication of notice of the fact

of e*tra$udicial settlement once

a week for 3 ")S"0!2 >GS.

. Bond filed e9ui'alent to the

'alue of &RS)A/ property.

!he bond is re9uired only when

personalty is in'ol'ed or the real estate

is sub$ect to a lien in fa'or of creditors,

heirs or other persons for the full period

of 4 years from such distribution andsuch lien cannot be substituted by a

bond.

!he bond is the 'alue of the personal

property certified by the parties under

oath and ")5!)5 upon payment of

$ust claims filed under Sec. , Rule ;.

4OND1. e9ui'alent to the 'alue of

personal property

4. certified by parties under oathby an affida'it

3. conditioned upon the payment of

$ust claims filed under Sec. .

f they cannot agree to the manner of

partition among themsel'es, they may

resort to )rdinary Action of &artition. f

despite the institution of such action

they subse9uently arri'ed at an

agreement, they may enter into the

corresponding stipulation and register

REMEDIAL LA3 COMMITTEE C&A'%PE%SO Jin*+ Ann + ASS" C&A'%PE%SOS Allen Fari.as, /aricris Oronea EDPS /artessa 0+lan, Charissi$ae

Vent0ra, Jocel+n 1a!ala S2JEC" &EADS Jona O!i.a (Civil Proced0re)3 Alnai4a &asi$an (Special Civil Actions andSpecialProceedings)3 Jeenice de Sag0n (Cri$inal Proced0re)3 Elaine /as0*at (Evidence)




the same with the Register of 5eeds.

(Regalado

Is $ P-8(ic Ins#"-5en# necess$"9 &%" #!e

$(idi#9 %& $n e;#"$<-dici$( se##(e5en#= NO) &ri'ate instrument@document or

)ral agreement of partition is 'alid

among the heirs who participated in the

e*tra$udicial settlement. !he

re9uirement under Sec. 1, Rule ; that it

must be in public instrument is )!

constituti'e of the 'alidity but is erel

ev$den#$ar $n na#ure. ('ernande3 vs

Andal

:owe'er, Reformation may be

compelled. (Regalado

EXTRAJUDICIALSETTLEMENT

JUDICIALSETLLEMENT

o court inter'ention re9uires summary

$udicial ad$udication

'alue of the estate

immaterial

gross estate must not

e*ceed &1+!

allowed only in

intestate succession

allowed in both

testate and intestate

there must be no

outstanding debts of

the estate at the

time of settlement

a'ailable e'en if

there are debtsF it is

the court which will

make pro'ision for

its payment

resorted at the

instance and by

agreement of A//

heirs

#ay be instituted by

AE !RS!5

&AR!E e'en a

creditor of the

estate $#+ou# #+e

onsen# o all +e$rs

amount of bond is

e9ual to the 'alue of

personal property

bond to be

determined by the

court

>hile the Rules pro'ide that the

decedent must not ha'e left any debts,

it is sufficient if any debts he may ha'e

left ha'e been paid at the time of the

e*tra$udicial settlement is entered into.

(u$o vs. Bau#$s#a, 110 &+$l 584)

DISPUTA4LE PRESUMPTION T2ATDECEDENT LEFT NO DE4TSf no creditor files a petition for letters

of administration within 4 years after

the death of the decedent.

SUMMARY SETTLEMENT OF ESTATE OFSMALL VALUE (Sec.4

6R)SS 2A/0 of the estate must )!

"5 &1+, +++.

!his is $urisdictional. (el osar$o vs.

Conanan, L-!790!, ar+ !0, 1977)

IMPORTANT REUIREMENTS1. Application must contain

allegation of gross 'alue of

estate.

4. 5ate for hearing

a shall be set by court not less

than 1 #)!: nor more

than 3#)!:S from da#e o

las# ul$a#$on o no#$eb published, )" A >G C)R

3 ")S"0!2 >GS in a

newspaper of general

circulation.

3. otice shall be ser'ed upon such

interested persons as the court

may direct.

. 4%nd - amount fi*ed by the

court (not 'alue of personal

prop conditioned upon payment

of $ust claims under Sec..

LIA4ILITY OF DISTRI4UTEES AND ESTATE(Sec.

REUISITES OF TO>YEAR PERIOD LIEN1. persons ha'e taken part or ha'e

notice of e*tra$udicial partition

2. compliance with the pro'isions

of Sec.1, Rule ; ("a$lo vs.

CA)

4ASIS TO COMPEL SETTLEMENT OF T2EESTATE

1. undue depri'ation of lawfulparticipation in the estate.

4. e*istence of debts against the estate

or undue depri'ation of lawful

participation payable in money.

REMEDIES1. >!: 4 ERS. - claim against

the bond or the real estate.

4. Action to Annul a deed of

e*tra$udicial settlement on the

ground of CRA05 8 within








EARS ro #+e d$sover o

raud.

3. Recon'eyance of real property.

>here the estate has been summarilysettled, the unpaid creditor may, within

4 years, file a motion in the court

wherein such summary settlement was

had, for the payment of his credit.

EXCEPTION: f on the date of the

e*piration of the two-year period, the

creditor or heir is -

a A minor or incapacitated, or

b n prison or

c )utside the &hilippines,

he may present his claim within one yeara#er su+ d$sa$l$# $s reoved. (Sec. ?

Rule ;?

!he 4-year lien upon the real property

distributed by e*tra$udicial or summary

settlement shall be annotated on the

title issued to the distributees and after

4 years will be cancelled by the register

of deeds without need of court order

(/R" "R"0/AR 13

Such lien cannot be discharged nor the

annotation be cancelled within the 4year period e'en if the distributees offer

to post a bond to answer for contingent

claims from which lien is established.

(eon% vs. ane3, 79 &+$l !24)

RULE 7?PRODUCTION OF ILL@ ALLOANCE OF

ILL NECESSARY

Sec#i%n 0) A((%$nce necess$"9/

c%nc(-sie $s #% e;ec-#i%n)

NATURE OF PRO4ATE PROCEEDINGS1. R# -binding on the whole

world.

4. #A5A!)RE - no will shall pass

either real or personal property

unless it is pro'ed and allowed in

the proper court. :)>2R, it

has been held in one case that a

will may be sustained on the

basis of Article 1++ of the "i'il

"ode which reads as follows%

Hf the testator should make a

partition of his properties by an

act inter 'i'os, or by will, such

partition shall stand in so far as

it does not pre$udice thelegitime of the forced heir.I

(an%-: vs. CA, 144 "CA !!).

3. #&RS"R&!B/ 8 because of

the public policy to obey the will

of the testator.

. !he 5)"!R )C S!)&&/

does no# apply.

Re$s%n: presentation and

probate of will is re9uired by

public policy and in'ol'es public

interest. (Fernande3 vs.

$a%$a)

RULE 7BALLOANCE OR DISALLOANCE OF

ILL

P"%8$#e %" A((%$nce %& i((s > act of

pro'ing in a court a document purporting

to be the last will and testament of a

deceased person in order that it may be

officially recogniDed, registered and its

pro'isions carried insofar as they are in

accordance with law. !% 5$9 'e#i#i%n &%" $((%$nce %& i((=(Sec.1

1. any creditor - as preparatory

step for filing of his claim

therein (Regalado, p.4<

4. de'isee or legatee named in the

will

3. person interested in the will

(e.$., heirs

. testator himself 8 during his

lifetime the possession of thewill is not necessary

!% 5$9 8e $ '$"#9 in '"%8$#e=6enerally, any person ha'ing a d$re#

and a#er$al $n#eres# in the will or

estate.

CONTENTS OF T2E PETITION (Sec.4

1. the ;ur$sd$#$onal a#s 8 death

of the testator and his residence

at the time of death or the

pro'ince where estate was left






by the decedent who is a non-

residentF

4. the names, ages, and residences

of the heirs, legatees, de'isees

of the testator or decedentF3. the probable 'alue and character

of the property of the estateF

. the name of the person for

whom the letters are prayedF

?. the name of the person ha'ing

custody of the will if has not

been deli'ered to the court.

But no defect in the petition shall render

'oid the allowance of the will, or the

issuance of letters testamentary or of

administration with the will anne*ed.

EFFECT OF T2E PRO4ATE OF A ILL

t is conclusi'e as to the "0!) and

the 2A/5!E of the will (e'en against

the state. !hus, a criminal case against

the forger may not lie after the will has

been probated.

ISSUE IN T2E PRO4ATE OF A ILLGENERAL RULE:)nly determination of the e*trinsic

'alidity not the intrinsic 'alidity or

testamentary dispositions.EXCEPTION: >here the entire or all

testamentary dispositions are 'oid and

where the defect is apparent on its face.

(Aa$n vs. AC No. 72706, :#. 27,

1987 Neuueno vs. CA, 1!9 "CA

206)

EXTRINSIC VALIDITY - means due

e*ecution of the will.

MEANING AND EXTENT DUE EXECUTION

5ue e*ecution means that%1. the testator is of sound and

disposing mind when he

e*ecuted the willF

4. the will was )! e*ecuted under

duress, fraud or other

circumstances that 'itiates

consentF

3. the re9uired formalities ha'e

been strictly complied withF and

. the will is genuine and not a

forgery.

COURT APPOINTS TIME FOR PROVINGILL) NOTICE T2EREOF TO 4EPU4LIS2ED (Sec.3

!en d%es c%-"# $c-i"e <-"isdic#i%n%e" in#e"es#ed 'e"s%ns $nd "es=0pon &0B/"A!) for 3 >GS

successi'ely of the order setting the case

for hearing A5 sending )!"S to all

persons interested.

NOTICES MUST 4E GIVEN TO:1. designated or known heirs,

legatees and de'iseesF and

4. e*ecutor and co-e*ecutor if not

the petitioner.

MODES OF NOTIFYING49 5$i(: 4+ days before hearing

Pe"s%n$( n%#ice: 1+ days before hearing

3 weeks successi'ely is not strictly 41

days.

ANTE MORTEMf petition for probate is on testators

own initiati'e during his lifetime -

1. no publication is necessaryF and

4. notice shall be made only to the

compulsory heirs.

PROOF OF 2EARING (Sec.?

At the hearing, compliance of

&ublication and otice must first be

shown before introduction of testimony

in support of the will.

EVIDENCE in s-''%"# %& i((:1. 0")!S!5 >// (Sec.?

a No#ar$al <$lls - testimony of at

least 1 of the subscribing

witnesses is allowed.

- if all subscribing witnessesreside outside the pro'ince 8

deposition is allowed.

- if subscribing witnesses

reside is dead, insane, or none

reside in the &hilippines 8 "ourt

may admit testimony of the

witnesses to pro'e the sanity of

the testator, and the due

e*ecution of the will, and as

e'idence of the e*ecution of the

will, it may admit proof of the

handwriting of the testator and 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS Maricel Aare!"#$ (Over-all Chairperson), R#!al% Jal&a!'ar (Over-all Vice Chair), (#la!%aT#le!"i!#(VC-Acads), Je!!i)er A!* (VC- Secretariat), J#+ I!%,c"i-# (VC-Finance), Elai!e Ma$,.a" (VC-EDP), A!!a Mar*ari"a Ere$ (VC-Logistics) J#!a"/a!






of the subscribing witnesses or of

any of them.

b 'olo%ra+$ <$lls - the

testimony of 1 witness who

knows the handwriting andsignature of the testator. n the

absence thereof, testimony of an

e*pert witness.

4. ")!S!5 (Sec.11

a No#ar$al <$lls - A// subscribing

witnesses A5 notary public.

:)>2R, if any or all the

witnesses (i testify against the

e*ecution of the will, (ii do not

remember attesting thereto, or(iii of doubtful credibility, the

will may be allowed if the court

is satisfied from the testimony of

other witnesses and from all the

e'idence presented that the will

was e*ecuted and attested in

the manner re9uired by law.

b 'olo%ra+$ <$lls - 3 witnesses

who knows the handwriting of

testator. n the absence thereof,

testimony of an e*pert witness

may be resorted to.

:)>2R, in Codo vs.

Calu%a, N:. 12!486, Au%.

12, 1999, the S" ruled that if the

holographic will is contested, 3

witnesses who know the

handwriting and signature of the

testator are now

re9uired@mandatory to pro'e its

authenticity and for its

allowance.

GENERAL RULE: :olographic will if

destroyed "A)! be probated.

EXCEPTION: f there e*ists a &hotostat

or ero* copy thereof . (an vs. =a, 104

&+$l 509)

P"%%& %& (%s# %" des#"%9ed i(( (Sec.<

Cacts which should be pro'ed in order

that a lost or destroyed will may be

allowed%

1. due e*ecution and 'alidity of the

willF

4. will was in e*istence when

testator died, or if it was not,

that it has been fraudulently oraccidentally destroyed in the

lifetime of the testator without

his knowledgeF and

3. the pro'isions of the will are

clearly established by at least

#o red$le $#nesses.

RULE 77ALLOANCE OF ILL PROVED OUTSIDEOF P2ILIPPINES AND ADMINISTRATION

OF ESTATE T2EREUNDER

A will allowed or probated in a foreign

country, must be /-&:BA*/ in the

&hilippines. f the decedent owns

properties in different countries,

separate administration proceedings

must be had in said countries.

TO TYPES OF ESTATE PROCEEDINGS%

1. D%5ici((i$"9 $d5inis#"$#i%n -

the proceeding instituted in las#

res$dene of the decedent.

4. Anci(($"9 $d5inis#"$#i%n - theadministration proceedings

+ere +e le# +$s es#a#e.

REUISITES OF ANCILLARYADMINISTRATION (Sec.4

1. there must be a will (inferred

from the wordings of Rule ;;F

4. filing of%

a copy of the will e*ecuted in

foreign countryF

b order or decree of foreign

court allowing such willF andc authentication of re9uisites

a and b abo'eF

3. notice of time and place of

hearingF

. hearingF and

?. certificate of allowance.

C$n $ i(( e;ec-#ed $nd '"%ed in $&%"ei6n c%-n#"9 8e $((%ed in #!eP!i(i''ines -nde" R-(e 77=YES) &rov$ded that the following must

be pro'ed%






1. foreign court must ha'e

$urisdiction o'er the proceedingF

4. domicile of testator@decedent in

the foreign country and not in

the &hilippinesF3. that the will has been admitted

to probate in such countryF

. it was made with the formalities

prescribed by the law of the

place in which the decedent

resides, or according to the

formalities obser'ed in his

country, or in conformity with

the formalities prescribed by our

"i'il "odeF and

?. due e*ecution of the will in

accordance with the foreignlaws. (Regalado

EFFECTS1. the will shall ha'e the same

effect as if originally pro'ed and

allowed in court of the

&hilippines.

4. letters testamentary or

administration with a will

anne*ed shall e*tend to all

estates of the &hilippines.

3. Residue of estate after payment

of debts, etc. shall be disposedof as pro'ided by law in cases of

estates in &hilippines belonging

to persons who are inhabitants

of another state or country.

RULE 7LETTERS TESTAMENTARY AND OF

ADMINISTRATION 2EN AND TO 2OMISSUED

PERSONS 2O CAN ADMINISTER T2EESTATE

1. *ecutorF

4. Administrator, regular or special

(Rule +F and

3. Administrator with a will

anne*ed (Rule ;=, Section 1.

E;ec-#%" > !he one named by the

testator in his will for the administration

of his property after his death.

Ad5inis#"$#%" - )ne appointed by the

"ourt in accordance with the Rules or

go'erning statutes to administer and

settle the intestate estate or such

testate estate, where the testator didnot name any e*ecutor or that the

e*ecutor so named refuses to accept the

trust, or fails to file a bond, or is

otherwise incompetent.

Ad5inis#"$#%" i#! $ i(( $nne;ed > one

appointed by the court in cases when,

although there is a will, the will does not

appoint any e*ecutor, or if appointed,

said person is either incapacitated or

unwilling to ser'e as such.

2O MAY SERVE AS EXECUTOR@ADMINISTRATOR=Any ")#&!! person may ser'e as

e*ecutor or administrator.

2O ARE INCOMPETENT TO SERVE ASEXECUTOR@ADMINISTRATOR=

1. a minor

4. a non-resident

3. one who in the opinion of the

court is unfit to e*ercise the

duties of the trust by reason of%

a drunkennessb impro'idence

c want of understanding and

integrity

d con'iction for an offense

in'ol'ing moral turpitude

*ecutor of e*ecutor shall not, as

such, administer the estate of the first

testator. (Sec. 4

Le##e"s #es#$5en#$"9 - Authority issued

to an e*ecutor named in the will toadminister the estate.

Le##e"s %& $d5inis#"$#i%n – Authority

issued by the court to a ")#&!!

person to administer the estate of the

deceased who died intestate.








TO 2OM LETTERS OF ADMINISTRATIONGRANTED

O"de" O& P"e&e"ence

1. !he sur'i'ing husband or wife orthe ne*t of kin, or both in the

discretion of the court, or to

such person as such sur'i'ing

spouse or ne*t of kin, re9uest to

ha'e appointed, if competent

and willing to ser'e. (S0R226

S&)0S )R )#

4. f the sur'i'ing spouse or the

ne*t of kin or the person

selected by them be

incompetent or unwilling to

ser'e, or if the sur'i'ing spouseor ne*t of kin neglects for 3+

days after the death of the

decedent to apply for

administration, AE one or more

of the &R"&A/ "R5!)RS, if

competent and willing to ser'e.

3. f there is no such creditor

competent and willing to ser'e,

it may be granted to such other

person as the court may select.

(S!RA6R

!he )rder of appointment of Regularadministrator is final and appealable.

4ASIS FOR T2E PREFERENTIAL RIG2T!he underlying assumption is that those

who will reap the benefits of a wise,

speedy and economical administration of

the estate or on the other hand, suffer

the conse9uences of waste,

impro'idence or mismanagement, ha'e

the higher interest and most influential

moti'e to administer the estate

correctly.

RULE 7OPPOSING ISSUANCE OF LETTERS

TESTAMENTARY PETITION ANDCONTENTS FOR LETTERS OF

ADMINISTRATION

!$# is #!e MAIN ISSUE in $n$d5inis#"$#i%n '"%ceedin6=>ho is the person rightfully entitled to

administration.

!% 5$9 %''%se #!e iss-$nce %& (e##e"s=GENERAL RULE: Any person interested in

the will. (Section 1

EXCEPTION: 'en where a person whohad filed a petition for the allowance of

the will of the deceased person had no

right to do so in 'iew of his lack of

interest in the estate, ne'ertheless,

where the interested persons did not

ob$ect to its application, the defect in

the petition would be deemed cured.

!he filing of the petition may be

considered as ha'ing been ratified by the

interested parties. (/use$o vs. >alores

97 &'L 16!)

&etition for )pposition may at the same

time be filed for /etters of

Administration with the will anne*ed.

C%n#en#s %& $ 'e#i#i%n &%" (e##e"s %& $d5inis#"$#i%n% (Sec.4

a $urisdictional factsF

b name, age, residence of heirs

and creditorsF

c probable 'alue and character of

the estateF and

d name of the person for whom

letters is prayed for.

o defect in the petition shall render

'oid the issuance of the letters of

administration.

G"%-nds &%" O''%si#i%n:1. n Le##e"s Tes#$5en#$"9

a incompetence

4. n Le##e"s %& Ad5inis#"$#i%na incompetenceF

b preferential right of the heir

under Sec. <, Rule ;.

&ublication for 3 >eeks and notice to

heirs, creditors and other persons

belie'ed to ha'e an interest in the

estate is re9uired before hearing.

/etters can be granted to any person or

any other applicant e'en if other

competent persons are present if the

latter fail to claim their letters when

notified by the court. (Sec. <, Rule ;=






RULE SPECIAL ADMINISTRATOR

!en 5$9 $ '"%8$#e c%-"# $''%in# $

s'eci$( $d5inis#"$#%"=1. 5elay in granting of letters

including appeal in the probate

of the will.

4. *ecutor is a claimant of the

estate he represents.

- in this second instance, the

administrator shall ha'e the

same powers as that of a

general administrator.

ORDER OF APPOINTMENT

DISCRETIONARY!he preference accorded by Sec. < of

Rule ; of the Rules of "ourt to sur'i'ing

spouse refers to the appointment of a

re%ular administrator, )! to that of

se$al administrator, and that the order

appointing the later lies within the

discretion of the probate court, and is

not appealable. (&$;uan vs. e urrea,

124 &+$l. 1527)

POERS AND DUTIES1. &ossession and charge of the

goods, chattels, rights, credits,and estate of the deceasedF

4. "ommence and maintain suit for

the estateF

3. Sell )/E

a perishable propertyF and

b those ordered by the courtF

. &ay debts )/E as may be ordered

by the court.

DURATION OF POER OF SPECIALADMINISTRATOR

0ntil 9uestions causing the delay isdecided and the regular administrator is

appointed.

!en d%es #!e '%e" %& $ s'eci$($d5inis#"$#%" ce$se=After the 9uestions causing the delay are

resol'ed and letters are granted to

regular e*ecutor or administrator.

Is $''%in#5en# %& s'eci$( $d5inis#"$#%"$''e$($8(e=NO, the same is !R/)"0!)RE.

:owe'er, appointment of a R60/AR

A5#S!RA!)R is appealable because itis a final order.

t is possible for the e*ecutor or

administrator whose appointment is

challenged by appeal to be appointed

also as the special administrator pending

such appeal. !here is no harm in

appointing the same person as special

administrator because there is a 'ast of

difference between the powers and

duties of the two positions.

RULE 04ONDS OF EXECUTOR AND

ADMINISTRATOR

4OND OF EXECUTOR@ADMINISTRATOR (Sec.1

!en &i(ed=Before an e*ecutor or administrator

enters upon e*ecution of his trust

A5%-n#= Ci*ed by the court

CONDITIONS1. #ake an 2!)RE of property

which came to his knowledge

and possession within 3 #)!:S.

4. A5#S!R the estate and from

the proceeds pay all debts and

charges.

3. Render an A"")0! within )

EAR

. &erform all orders of the court.

ADMINISTRATORS 4OND STATUTORY4OND"onditions prescribed by statute forms

part of bond agreement.

!erms and effecti'ity of bond does not

depend on payment of premium and

does not e*pire until the administration

is closed. As long as the probate court








retains $urisdiction of the estate, the

bond contemplates a continuing liability.

(Lu3on "ure# vs. ?uerar, 127 "CA

295).

4OND OF SPECIAL ADMINISTRATOR (Sec.

C%ndi#i%ns1. make in'entory.

4. render accounting when re9uired

by court.

3. deli'er the same to person

appointed e*ecutor or

administrator or other

authoriDed persons.

!he bond is effecti'e as long as thecourt has $urisdiction o'er the

proceedings.

RULE *REVOCATION OF ADMINISTRATION/

DEAT2/ RESIGNATION AND REMOVAL OFEXECUTORS AND ADMINISTRATORS

f after letters of administration ha'e

been granted on the estate of the

decedent as if he had died intestate, +$s

$ll $s alloed and roved #+e our#,the letters of administration shall be

re'oked and all powers thereunder

cease, and the administrator shall

forthwith surrender the letters to the

court, and render his account within

such time as the court may direct.

!he disco'ery of a will does )! $so

a#o nullify the letters of administration

already issued until the will has been

pro'ed and allowed pursuant to Rule 4

Sec. 1. (e &arreno vs. Aran3anso, No. L-27657, Au%. !0, 1982)

RESIGNATION OR REMOVAL OFEXECUTOR@ ADMINISTRATOR (S".4

G"%-nds1. neglect to render accountsF

(w@in 1 EAR or when the court

directsF

4. neglect to settle estate

according to these rulesF

3. neglect to perform an order or

$udgment of the court or a duty

e*pressly pro'ided by these

rulesF

. abscondingF or

?. insanity or incapability or

unsuitability to discharge thetrust. (Sec. 4

!hese grounds are "/0S2.

/awful acts of an administrator or

e*ecutor before the re'ocation,

resignation, or remo'al are 'alid unless

pro'en otherwise. (Sec.3

POERS OF NE EXECUTOR OR ADMINISTRATOR (Sec.

1. collect and settle the estate not

administeredF4. prosecute or defend actions

commenced by or against the

former e*ecutor or

administratorF and

3. reco'er e*ecution on $udgments

in the name of former e*ecutor

or administrator.

RULE 3INVENTORY AND APPRAISAL PROVISION

FOR SUPPORT OF FAMILY

n'entory and appraisal must be made

within 3 #)!:S ro #+e %ran# o

le##ers #es#aen#ar or o

ad$n$s#ra#$on. ( Sec.1

Appro'al of an in'entory is not a

conclusi'e determination of what assets

constituted the decedents estate and of

the 'aluation thereof. Such

determination is only pro'isional and a

prima facie finding of the issue of

ownership.

ALLOANCE TO IDO AND FAMILY,Sec)31A((%$nce > monetary ad'ances sub$ect

to collation and deductible from their

share in the estate of the decedent.

!% $"e en#i#(ed #% $((%$nce d-"in6'"%ceedin6s=1. Le%$#$a#e sur'i'ing spouse

(Neoueno vs CA)F and 4. "hildren of the decedent.






According to Art. 1 of the "i'il

"ode, the children need not be minors

%" incapacitated to be entitled to

allowance. ("an#ero vs CF o Cav$#e, No. 61700-0!, "e#. 24, 1987)

6randchildren are )! entitled to

allowance under Rule 3. ('e$rs o u$3

vs CA)

>hen liabilities e*ceed the asset of the

estate, his widow and children are not

entitled to support pending the

li9uidation of the intestate estate, on

the ground that such support, ha'ing the

character of an ad'ance payment to bededucted from the respecti'e share of

each heir during distribution. (<a%ner

vs. oore

RULE .GENERAL POERS OF EXECUTORS AND

ADMINISTRATORS

POERS OF EXECUTOR@ADMINISTRATOR OF T2E ESTATE

1. !o ha'e access to, and e*amine

and take copies of books andpapers relating to the

partnership in case of a

deceased partnerF

4. !o e*amine and make in'oices of

the property belonging to the

partnership in case of a

deceased partnerF

3. !o make impro'ements on the

properties under administration

with the necessary court

appro'al e*cept for neessar

rea$rs. !o possess and manage the

estate when necessary%

a for the payment of debtsF

and

b for payment of e*penses of

administrationF

?. !o maintain in tenantable repairs

houses and other structures and

fences and to deli'er the same

in such repair to the heirs or

de'isees when directed so to do

by the court.

SOME RESTRICTIONS ON POER OFADMINISTRATOR@EXECUTOR

1. "annot ac9uire by purchase,

e'en at public or $udicialauction, either in person or

mediation of another, the

property under administration.

4. "annot borrow money without

authority of the court.

3. "annot speculate with

funds under administration.

. "annot lease the property for

more than one year.

?. "annot continue the business of

the deceased unless authoriDed

by the court.<. "annot profit by the increase or

decrease in the 'alue of the

property under administration.

RULE ?ACCOUNTA4ILITY AND COMPENSATIONOF EXECUTORS AND ADMINISTRATORS

GENERAL RULE: !he e*ecutor or

administrator is accountable for the

whole estate of the deceased.

EXCEPTION: :e is not accountable for

properties which ne'er came to his

possession.

EXCEPTION TO T2E EXCEPTION: >hen

through untruthfulness to the trust or his

own fault or for lack of necessary action,

the e*ecutor or administrator failed to

reco'er part of the estate which came to

his knowledge.

Administrator or e*ecutor shall not profitby the increase of the estate nor be

liable for any decrease which the estate,

without his fault, might ha'e sustained.

EXPENSES OF ADMINISTRATION: those

necessary for the management of the

property, for protecting it against

destruction or deterioration, and

possibly for the production of fruits.








!en s!$(( e;ec-#%" %" $d5inis#"$#%""ende" $n $cc%-n#= (Sec.

RULE: >ithin one year from the time of

recei'ing letters testamentary or letters

of administration.EXCEPTION: An e*tension of time is

allowed for presenting claims against or

paying the debts of the estate for

disposing of the estate but e'en in such

cases, the administration should be

terminated in not more than two-years

and a half.

RULE BCLAIMS AGAINST ESTATE

C($i5 - any debt or pecuniary demand

against the decedents estate.

!en 5$9 $ c%-"# iss-e n%#ices #%c"edi#%"s #% &i(e #!ei" c($i5s=mmediately issued after granting letters

testamentary or of administration.

PURPOSE: for the speedy settlement of

the affairs of the deceased person and

early deli'ery of the property of the

estate into the hands of the persons

entitled to recei'e it.

"laims arising AC!R his death cannot be

presented e*cept for%

a funeral e*pensesF and

b e*penses of the last sickness of

the decedent.

"laims for ta*es (inheritance and estate

due and assessed after the death of the

decedent need not be presented in the

form of a claim. !he court in the

e*ercise of its administrati'e controlo'er the e*ecutor or administrator may

direct the latter to pay such ta*es. And

the heirs, e'en after distribution are

liable for such ta*es.

STATUTE OF NON>CLAIMS (Sec.4

!en s!%-(d #!e c($i5s 8e &i(ed=GENERAL RULE: >ithin in the time fi*ed

in the notice which shall not more than

14 #)!:S nor less than < #)!:S after

the date of the CRS! &0B/"A!).

)therwise, they are BARR5 C)R2R.

'en if the testator acknowledged the

debt in his will and instructed the

e*ecutor to pay the debt, the statute of non-claims must still be complied withF

otherwise the claim may also be barred.

EXCEPTION: Belated "laims.

4e($#ed C($i5s are claims not filed

within the original period fi*ed by the

court. )n application of a creditor who

has failed to file his claim within the

time pre'iously limited, at AE !#

BC)R an order of distribution is

entered, the court #AE, for cause shownand on such terms as are e9uitable,

allow such claim to be filed within a

time )! "56 1 #)!: from the

order allowing belated claims.

Statute of on-"laims supersedes the

Statute of /imitations insofar as the

debts of deceased persons are

concerned. :owe'er, B)!: statute of

on-"laims and Statute of /imitations

#0S! ")"0R in order for a creditor to

collect.

C($i5s !ic! $"e n%# &i(ed i#!in #!eS#$#-#e %& N%n>C($i5s $"e 8$""ed&%"ee" ,Sec)?1"laims referred to under this section

refer to claims for the reco'ery of

money and which are not secured by a

lien against the property of the estate.

(:lave vs. Carlos, 208 &+$l 678)

C($i5s !ic! s!%-(d 8e &i(ed -nde" #!eS#$#-#e %& N%n>c($i5s=

1. #oney claims, debts incurred bydeceased during his lifetime

arising from contract

4. e*press or implied

3. due or not due

. absolute or contingent

?. "laims for funeral e*penses and

for the last illness of the

decedent.

<. 7udgment for money against

decedent.






C%n#in6en# C($i5 – conditional claim or

claim that are sub$ect to the happening

of a future uncertain e'ent.

"laims not yet due or contingent may beappro'ed at their present 'alue.

:)>2R, a creditor barred by the

Statute of on-claims may file a claim as

a ")0!R"/A# in any suit that the

e*ecutor or administrator may bring

against such creditor.

SOLIDARY O4LIGATION OF DECEDENT(Sec.<

"laim should be filed against decedent

as if he were the only debtor withoutpre$udice on the part of the estate to

reco'er contribution from the other

debtor. (@au$an vs ?uero, !8 &+$l 707l)

J%in# %8(i6$#i%n %& deceden#!he claim must be confined to the

portion belonging to the decedent.

MORTGAGE DE4T DUE FROM ESTATE(Sec.;

ALTERNATIVE REMEDIES O& T!e

C"edi#%" 2%(din6 A C($i5 Sec-"ed 49 AM%"#6$6e O" O#!e" C%(($#e"$( Sec-"i#9

1. ABA5) security and prosecute

his claim against the estate and

share in the same general

distribution of the assets of the

estateF

4. C)R"/)S his mortgage or

realiDe upon his security by

action in court making e*ecutor

or administrator a party

defendant and if there is

;ud%en# or /FC/NC= , hemay file a claim (contingent

against the estate within the

statute of non-claims.

Agency coupled with an interest

!he power to foreclose a mortgage is

not an ordinary agency that

contemplates e*clusi'ely the

representation of the principal by

the agent but is primarily an

authority conferred upon the

mortgagee for latters own

protection. !hat power sur'i'es the

death of the mortgagor. (B$ol

"av$n%s and Loan Asso$a#$on vs. CA)

3. R/E S)//E ) :S #)R!6A6

and foreclose the name at

anytime within the period of the

statute of limitation but he

cannot be admitted as creditor

and shall not recei'e in the

distribution of the other assets

of the estateF

!hese remedies are al#erna#$ve, the

a'ailment of one bars the a'ailment of

other remedies.

JUDGMENT ALLOING CLAIM ,Sec)0317udgment against e*ecutor and

administrator shall not create any lien

upon the property of the estate or does

not constitute a specific lien which may

be registered on such property.

7udgment of a probate court appro'ing

or disappro'ing a claim is appealable.

!he mode of appeal is record on

appeal and must be filed within 3+ 5AESfrom notice of $udgment.

RULE 7ACTIONS 4Y AND AGAINST EXECUTORS

AND ADMINISTRATORS

Ac#i%ns !ic! 5$9 %" 5$9 n%# 8e8"%-6!# $6$ins# e;ec-#%" $nd$d5inis#"$#%" (Sec.1

ndependent and separate of the

probate proceeding%

1. reco'ery of real or personal

property or any interest therein

from the estate

4. enforcement of a lien thereon

3. action to reco'er damages for

any in$ury to person or property,

real or personal (tortuous acts

!hese are actions that surv$ve the death

of the decedent.








An action for re'i'al of money $udgment

may be filed against the administrator to

preempt prescription of $udgment.

(oualde3 vs. *$%lao, 105 "CA 762).

2ei" 5$9 n%# s-e -n#i( s!$"e $ssi6ned(Sec.3

Before distribution is made or before any

residue is known, the heirs and de'isees

ha'e no cause of action against the

e*ecutor or administrator for reco'ery of

the property left by the decedent.

P"%ceedin6s !en '"%'e"#9 c%nce$(ed/e58eHH(ed %" &"$-d-(en#(9 c%ne9ed(Sec.<

PURPOSE: !o elicit information or tosecure e'idence from those persons

suspected as ha'ing possessed or ha'ing

knowledge of properties belonging to

deceased, or of ha'ing concealed,

embeDDled or con'eyed away any

properties of the deceased.

GENERAL RULE: !he probate court has

no authority to decide whether or not

the properties belong to the estate or to

the person being e*amined since probate

courts are courts of limited $urisdiction.

EXCEPTIONS:1. &ro'isional determination of

ownership for inclusion in the

in'entoryF or

4. Submission to the courts

$urisdiction (Bernardo vs. CA,

No. 8248!, "e#. 26, 1990)

E58eHH(e5en# 8e&%"e (e##e"s iss-ed(Sec.

!he responsible person shall be liable to

an action in fa'or of the e*ecutor or

administrator of the estate for doublethe 'alue of the property sold,

embeDDled, or alienated, to be

reco'ered for the benefit of the estate.

P"%'e"#9 &"$-d-(en#(9 c%ne9ed 89 #!edece$sed 5$9 8e "ec%e"ed) !ene;ec-#ed %" $d5inis#e"ed 5-s# 8"in6$c#i%n (Sec.=

!his pro'ision applies when there is a

deficiency of assets in the hands of the

e*ecutor or administrator for the

payment of the debts and e*penses for

administration

administration for it is under this

circumstance that there may be

con'eyances made by the deceased withintent to defraud the creditor.

REUISITES 4EFORE ACTION MAY 4EFILED

1. deficiency in assets

4. the con'eyance made is 'oid (when

there are badges of fraud

3. sub$ect of con'eyance is liable for

attachment in lifetime of

decedent.

!en c"edi#%" 5$9 8"in6 $c#i%n) Lien&%" c%s#s ,Sec)01>hen a grantee in a fraudulent

con'eyance is )!:R !:A !:

"0!)R )R A5#S!RA!)R, a creditor

may commence and prosecute the action

if the following re9uisites are present%

1. !hat the e*ecutor or

administrator has shown to ha'e

no desire to file the action or

failed to institute the same

within the reasonable timeF

4. /ea'e is granted by court to

creditor to file the actionF3. Bond is filed by creditor as

prescribed in this pro'isionF and

. Action by creditor is in the name

of the e*ecutor or administrator.

!hese re9uisites need not be

complied with if the grantee of the

fraudulent con'eyance is the e*ecutor or

administrator himself, in which e'ent

the action should be in the name of all

creditors.

RULE

De8#s '$id in &-(( i& es#$#e s-&&icien#(Sec.1

f estate is insol'ent, as in liabilities are

more than the assets, "e.7 $n rela#$on

#o Ar#. 1059 and 22!9 #o 2251 o #+e

C$v$l Code must apply. 0se rule on

preference of creditors f it is sufficient

to satisfy claims of a class.






!en #!e i(( '"%ides &%" '$95en# %& de8#s/ Sec#i%n * 5-s# 8e &%((%ed)Although testator acknowledged a

specific debt on his will, the creditormust still file his claim in the testate or

intestate proceedings, otherwise his

claim will be barred.

Es#$#e #% 8e "e#$ined #% 5ee#c%n#in6en# c($i5s (Sec.

f the court is satisfied that contingent

claim duly filed is 'alid, it may order the

e*ecutor or administrator to retain in his

hands sufficient estate to pay a portion

e9ual to the di'idend of the creditors.

REUISITES1. contingent claim is duly filedF

4. court is satisfied that the claim

is 'alidF and

3. !he claim has become absolute.

Is e;ec-#i%n $ '"%'e" "e5ed9 #% s$#is&9$n $''"%ed c($i5=NO, because%

1. &ayment appro'ing a claim does

not create a lien upon a property

of the estate.

4. Special procedure is for thecourt to order the sale to satisfy

the claim.

2% c%n#in6en# c($i5 8ec%5in6$8s%(-#e in #% 9e$"s $((%ed $nd '$id(Sec.?

f such contingent claim becomes

absolute and is presented to the court,

or to the e*ecutor or administrator,

within two years from the time limited

for other creditors to present their

claims. !he residual funds within theestate, although already in the

possession of the uni'ersal heirs, are

funds of the estate. !he "ourt has

$urisdiction o'er them and it could

compel the heirs to deli'er to the

administrator of the estate the

necessary portion of such funds for the

payment of any claims against the

estate. (n re *es#a#e /s#a#e o

ar%ar$#a av$d, "$son vs. *eodoro, 98

&+$l 680)

f the contingent claim matures after the

e*piration of the two years, the

creditors may sue the distributees, who

are liable in proportion to the shares in

the estate respecti'ely recei'ed bythem. (@au$an vs. ?uerol, sura)

t has been ruled that the only instance

wherein a creditor can file an action

against a distributee of the debtors

assets is under Sec. ?, Rule of the

Rules of "ourt. !he contingent claims

must first ha'e been established and

allowed in the probate court before the

creditors can file an action directly

against the distributees. (e Bau#$s#a vs.

e u3an, 125 "CA 682)

Es#$#e %& Ins%(en# n%n"esiden#/ !%dis'%sed (Sec.=

n the administration taken in the

&hilippines of the estate of the

S)/2! his estate in the &hilippines

shall be disposed of that his creditors in

and outside in the &hilippines in

proportion to their respecti'e credits.

!en $nd !% c($i5 '"%ed %-#side#!e P!i(i''ines $6$ins# ins%(en#

"esiden#s es#$#e '$id (Sec.1+"laims pro'en outside the &hilippines

where the e*ecutor had knowledge and

opportunity to contest its allowance

therein may be added to the list of

claims in the &hilippines against the

estate of an S)/2! RS5! and

the estate will be distributed e9ually

among those creditors.

:owe'er the benefit of Sections = and 1+

cannot be e*tended to the creditors of

foreign country where the property of the deceased therein is not e9ually

apportioned to creditors residing in the

&hilippines and other creditors.

Ti5e &%" '$9in6 De8#s $nd Le6$cies(Sec.1?

eed not e*ceed 1 year in the first

instance. But court e*tend on

application of e*ecutor or administrator

and after hearing and notice thereof.








*tension must not e*ceed si* months

for single e*tension. >hole period

allowed to the original e*ecutor or

administrator shall not e*ceed 4 years

(section 1? successor of dead e*ecutoror administrator may be gi'en an

e*tension not to e*ceed < months.

RULE SALES/ MORTGAGE AND OT2ER

ENCUM4RANCES OF T2E PROPERTY OFT2E DECEASED

O"de" %& s$(e %& 'e"s%n$(#9 (Sec.1

!he court may order the whole or part of

the personal estate to be sold if necessary%

1. to pay debts and e*pense of

administrationF

4. to pay legaciesF or

3. to co'er e*penses for the

preser'ation of the estate.

!en c%-"# 5$9 $-#!%"iHe s$(e/5%"#6$6e %" %#!e" enc-58"$nces %& "e$(#9 #% '$9 de8#s $nd (e6$cies #!%-6!'e"s%n$(i#9 n%# e;!$-s#ed= (Sec. 4

1. f personal estate is )!sufficient to pay debts, e*penses

of administration and legaciesF

4. f sale of personal estate may

in$ure the business or interests

of those interested in the estateF

3. f testator has )! made

sufficient pro'ision for payment

of such debts, e*penses and

legaciesF

. f deceased was in his lifetime

under contract, binding in law to

deed real property to

beneficiaryF (Section ?. f the deceased during his

lifetime held real property in

trust for another person.

(Section =

REUISITESa application of

*ecutor@AdministratorF

b written notice to person

interestedF and

c hearing

Assets in the hands of

e*ecutor@administrator will not be

reduced to pre'ent a creditor from

recei'ing his full debt or diminish his

di'idends.

>ithout notice and hearing, the sale,

mortgage or encumbrance is 'oid. otice

is mandatory. oncompliance therewith

under the sale is null and 'oid. Reason% !he reason behind this

re9uirement is that the heirs are the

presumpti'e owner. Since they succeed

to all the rights and obligation of the

deceased from the moment of the

latters death, they are the person

directly affected by the sale or mortgageand therefore cannot be depri'ed of the

property, e*cept in the manner pro'ided

by law. (anelan% vs. Baun, 208 "CA

179)

M$9 #!e c%-"# $-#!%"iHe s$(e/ 5%"#6$6e%" %#!e" enc-58"$nce %& es#$#e #% '$9de8#s $nd (e6$cies in %#!e" c%-n#"ies=(Sec. ?

>hen it appears from records and

proceedings of a probate court of

another country that the estate of the

deceased in foreign country is notsufficient to pay debts and e*penses.

Application for authority to sell,

mortgage or encumber property of the

estate may be denied by the court if%

1. the disposition is not for any of

the reasons specified by the

rulesF )R

4. under Section 3 Rule =, any

person interested in the estate

gi'es a bond conditioned to pay

the debts, e*penses of administration and legacies.

RULE DISTRI4UTION AND PARTITION OF T2E

ESTATE

Li-id$#i%n means the determination of

all assets of the estate and payment of

all debts and e*penses.






!en %"de" &%" dis#"i8-#i%n %& "esid-e5$de (Sec.1

RULE: )R5R )C 5S!RB0!) shall be

made AC!R payments of all debts,funeral e*penses, e*penses for

administration, allowance of widow and

inheritance ta* is effected.

n these proceedings, the court shall%

1. collateF

4. determine heirsF and

3. determine the share of each

heir.

A separate action for the declaration of

heirs is not necessary.

!en is #i#(e es#ed=

Crom CA/!E of order of distribution.

)nly after partition is appro'ed and not

before, the court may order the deli'ery

to the heirs of their respecti'e shares

e*cept when the heir file a bond

conditioned to pay the debts.

An order which determines the

distributi'e shares of heirs is appealable.

f not appealed, it becomes final.

!he probate court lose $urisdiction o'er

the settlement proceedings only upon

payment of all debts and e*penses of the

obligor and deli'ery of the entire estate

to all the heirs. (*$ol vs. Cano, 1

"CA 1271)

CONDITIONS PRECEDENT #% 8ec%5'(ied i#! &%" #!e iss-$nce %& $n%"de" %& dis#"i8-#i%n

1. Showing that the e*ecutor,

administrator or personinterested in the estate applied

for suchF and

4. !he re9uirements as to notice

and hearing upon such

application ha'e been fulfilled.

PRO2I4ITION AGAINST INTERFERENCE4Y OT2ER COURTS

As long as the order of distribution of

the estate has not been complied with,

the probate

probate proceedings cannot be deemed

closed and terminated, because a

$udicial partition is not final and

conclusi'e and does not pre'ent the

heirs from bringing an action to obtainhis share, pro'ided the prescripti'e

period therefore has not elapsed. !he

better practice, howe'er, for the heir

who has not recei'ed his share, is to

demand his share through proper motion

in the same probate or administrati'e

proceedings, or for the reopening of the

probate or administrati'e proceedings if

it had already been closed, and not

through an independent action, which

would be tried by another court or $udge

which may thus re'erse a decision ororder of the probate or intestate court

already final and e*ecuted and re-

shuffle properties long ago distributed

and disposed of. (*$ol vs. Cano,

sura).

RULE 0ESC2EATS

3 INSTANCES %& ESC2EATS1. >hen a person dies intestate

lea'ing no heir but lea'ingproperty in the &hilippines

(Section 1

4. R2RS) &R)"56S 8 Sale

in 'iolation of the "onstitutional

pro'ision

3. 0nclaimed Balance Act under

Banking /aws

!$# is #!e 8$sis %& #!e s#$#es "i6!# #%"eceie '"%'e"#9 in esc!e$#= )rder of succession under the "i'il "ode,

the S!A! is the last heir of thedecedent.

!% &i(es=Solicitor 6eneral or his representati'e in

behalf of the &hilippines.

!e"e #% &i(e=R!" of last residence or of location of his

estate in the &hilippines if he is a non-

resident.








f petition is sufficient in C)R# and

S0BS!A" the court shall%

1. #ake an )R5R )C :AR6 8

hearing shall not be more than <

#)!:S AC!R !RE )C)R5R.

4. 5irect publication of the copy of

order 8 at least once a week for

< ")S"0!2 >GS.

REUISITES1. publication of the order

4. person died intestate

3. he is seiDed of real@personal

property in the &hilippines

. he left no heir or person entitled

to such property?. there is no sufficient cause to

the contrary

!he court, at the instance of an

interested party, or on its own motion,

may order the establishment of a

&R#A! !R0S!, so that only the

income from the property shall be used.

CLAIM 4Y PERSONS ENTITLED TO T2EESTATE (Sec.

!%=

By de'isee, legatee, heir, widow@er, orother person entitled thereto

!en #% &i(e=

- >ithin ? EARS CR)# 5A! )C

7056#! otherwise fore'er barred.

OT2ER ACTIONS FOR ESC2EATS ,Sec) ?1- actions for re'ersion of property

alienated in 'iolation of

"onstitution or any statute.

- !hese shall be go'erned by Rule

=1. :)>2R, the action must

be instituted in the pro'incewhere the land lies in whole or

in part.

Pe"i%d% >ithin ? 9e$"s from the date of

$udgmentF (under AR!. 1+1 of the "i'il

"ode, the ?-year period is reckoned from

the date the property was deli'ered to

the State and further pro'ides that if the

property had been sold, the municipality

or city shall be accountable only for such

part of the proceeds as may not ha'e

been lawfully spent.

49 !%5% person of interest

TO 2OM ILL T2E PROPERTYESC2EATED 4E ASSIGNED: (Sec. 3

1. if personal property, in themunicipality or city where he

last resided.

4. if real property, where the

property is situated.

3. if deceased ne'er resided in the

&hilippines, where the property

may be found.

C$n c%-"# c%ne"# esc!e$# '"%ceedin6sin#% %"din$"9 s'eci$( '"%ceedin6s %"ice>e"s$=

NO. !his is not allowed for the twoactions ha'e different re9uirements in

ac9uiring $urisdiction. n special

proceedings, publication is once a week

for 3 weeks while in escheat, once a

week for < weeks.

RULE *GUARDIANS2IP

6uardianship of minors is now

go'erned by the Rule on6uardianship of #inors (A.#. o.

+3-+4-+?-S" which took effect on

#ay 1, 4++3. >hile guardianship of

incompetents is still go'erned by

the pro'isions of the Rules of

"ourt on 6uardianship (Rule =4 to

Rule =;.

MINOR INCOMPETENT

1. any relati'eF or

4. other person onbehalf of a minorFor

3. the minorhimself if 1 yearsof age or o'erF or

. the Secretary of Social >elfare and5e'elopment A5by the Secretary of :ealth in case of aninsane minor whoneeds to behospitaliDed. (Sec.

4 A# +3-+4-+?-S"

1. any relati'eF

4. friendF or3. other person on

behalf of theresident incompe-tent who has noparents or lawfulguardianF or

. the 5irector of :ealth in fa'or of an insane personwho should behospitaliDed or infa'or of an isolatedleper. (Sec. 1






?. any one interestedin the estate of anon-resident

incompetent(Sec.14

?. any one interestedin the estate of anon-resident

incompetent (Sec.<

J-"isdic#i%n: ncompetents 8 R!" of his

residence or where his property is

located in case of non-residents

(Sec. 1 #inor 8 Camily "ourt of his

residence or where his property is

located in case of non-resident (Sec.

3, A# +3-+4-+

+INDS OF GUARDIANSA) Acc%"din6 #% sc%'e:

1. 6eneral - o'er the person of the

ward or o'er his property

4. /imited - o'er the property only

4) Acc%"din6 #% c%ns#i#-#i%n:1. general guardian

4. legal guardian

3. guardian ad litem

INCOMPETENT inc(-des: (Sec. 4

1. those suffering from penalty of

ci'il interdiction

4. hospitaliDed lepers

3. prodigals

. deaf and dumb who are unable

to read and write

?. those of unsound mind though

they ha'e lucid inter'als

<. persons not of unsound mind but

by reason of age, disease, weak

mind and other similar causes

cannot take care of themsel'es

or manage their property.

RULE 3APPOINTMENT OF GUARDIANS

!% 5$9 'e#i#i%n &%" $''%in#5en# %& 6-$"di$n=

!he father and the mother shall $ointly

e*ercise legal guardianship o'er the

person and property of their minor

without the necessity of a court

appointment. n such case, this Rule

shall be suppletory to the pro'isions of

the Camily "ode on 6uardianship.

C%n#en#s %& Pe#i#i%n

MINOR INCOMPETENT

a the$urisdictionalfactsF

b the name, ageand residenceof theprospecti'ewardF

c the groundrendering theappointmentnecessary orcon'enientF

d the death of the parents of the minor orthetermination,depri'ation orsuspension of their parentalauthorityF

e the remarriageof the minorssur'i'ingparentF

f the names,ages, andresidences of relati'e withinthe th ci'ildegree of minor, and of persons ha'inghim in theircare and

custodyFg the probable'alue,character andlocation of theproperty of theminorF and

h the name, ageand residenceof the personfor whomletters of guardianshipare prayed.

a the$urisdictionalfactsF

b the minority orincompetencyrendering theappointmentnecessary or

con'enientFc the probable

'alue andcharacter of hisestateF

d the names,ages, andresidences of the relati'es of the minor orincompetent,and of the

e persons ha'inghim in their

careFf the name of the

person forwhom letters of guardianship.(Sec. 4 Rule =3








!he petition in'ol'ing minors is

re9uired to be 2RC5 and

accompanied by certification againstC)R0# S:)&&6 while that in'ol'ing

incompetent must be 'erified only.

:)>2R, no defect in the petition or

'erification shall render 'oid the

issuance of letters of guardianship.

!here is ) re9uirement for

&0B/"A!), only notice "&! in case

of nonresident minor@incompetent.

:)>2R, ser'ice of )!" upon minor

if 1 years of age or o'er, or uponincompetent is mandatory and

$urisdictional.

f the person is insane, ser'ice of notice

upon the 5irector of :ospital where

hospitaliDed is sufficient.

OPPOSITION TO PETITION (Sec.

G"%-nds1. 5$<%"i#9 of alleged minor

4. c%5'e#enc9 of alleged

incompetent3. -ns-i#$8i(i#9 of the persons for

whom letters are prayed

P"%ced-"ea. filing of petition

b. court shall set the case for

hearing

c. cause notices to be ser'ed to

the persons mentioned in the

petition, including minor, if 1

years and abo'e

d. court shall recei'e e'idence

e. declaration of the propriety of

the petition

f. issue letters of guardianship

4ONDS OF GUARDIANSBefore an appointed guardian enters

upon the e*ecution of his trust, he shall

gi'e a B)5 (Sec. 1 Rule =.

SELLING AND ENCUM4ERING PROPERTYOF ARD:A) G"%-nds

1. when income of estate is

insufficient to maintain ward

and family or to maintain and

educate ward when a minorF or

2. when it appears that it is forthe benefit of the ward.

4) Re-i"e5en#s1. petition must be 'erifiedF

4. notice must be gi'en to the

ne*t of kinF and

3. hearing so that they may show

cause why petition should not

be granted.

otice to ne*t of kin and interested

persons is 70RS5"!)A/.

Ne;# %& in > pertains to those relati'es

who are entitled to share in the estate

of the ward under the /aw on ntestate

succession including those who inherit

per stirpes or by right of representation.

Sale of the wards realty by the guardian

without authority from the court is 2)5.

0nder the law, a parent acting merely as

legal administrator of the property of

his@her children, does )! ha'e the

power to dispose of, or alienate, the

property of said minor without $udicial

appro'al (L$nda$n vs. CA, No. 95!05,

Au%. 20, 1992).

!he )rder of Sale must specify the

grounds.

C) D-"$#i%n %& #!e %"de" &%" s$(e $ndenc-58"$nce %& '"%'e"#9 > >ithin 1

year from the granting of the order.

t is presumed that if the property

was not sold within 1 year, the ward

has sufficient income.

!he authority to sell or encumber shall

not e*tend beyond 1 year unless

renewed by the court.

GENERAL POERS AND DUTIES OFGUARDIANS

1. ha'e the care and custody of the

person of the ward, and the

management of his estate, or

the management of the estate

only, as the case may beF






4. pay the debts of the wardF

3. settle accounts, collect debts

and appear in actions for wardF

. manage the estate of the ward

frugally, and apply the proceedsto maintenance of the wardF

?. render ver$$ed in'entory

'erified within 3 #)!:S after

his appointment and annually

thereafter upon application of

interested personsF and

<. render to court for its appro'al

an accounting of the property

for 1 EAR from his appointment

J e'ery year thereafter.

TERMINATION OF GUARDIANS2IP

A) G"%-nds &%" #e"5in$#i%n

MINOR INCOMPETENT

1. !he ward has

come of ageF or

4. has died

1. competency

of the ward has

been $udicially

determined

4. guardianship

is no longer

necessary

4) G"%-nds &%" "e5%$( %& $6-$"di$n:1. insanityF

2. incapability or unsuitability to

discharge functionsF

3. wastage or mismanagement of

the property of the wardF and

4. failure to render an account or

make a return within 3+ days

after it was due.

SALIENT FEATURES $nd SPECIAL RULESFOUND IN T2E RULE ON GUARDIANS2IP

OF MINORS ( A.#. o. +3-+4-+?-S",effecti'e #ay 1, 4++3)

A) G"%-nds &%" Pe#i#i%n (Sec.

1. "ontinued Absence, or

Incapacity or Death of his

parentsF (AID)4. Suspension, Termination or

Depri'ation of parental

authorityF (STD)3. Remarriage of his sur'i'ing

parent, if the latter is found

unsuitable to e*ercise parental

authorityF

. >hen the best interest of the

minor so re9uires.

4) -$(i&ic$#i%ns %& G-$"di$ns (Sec. ?

1. #oral character

4. &hysical, mental and

psychological condition

3. Cinancial status

. Relationship of trust with the

minor

?. A'ailability to e*ercise the

powers and duties of a guardian

for the full period of

guardianship

<. /ack of conflict of interest withthe minor

;. Ability to manage the property

of the minor.

C) !% 5$9 8e $''%in#ed 6-$"di$n %& #!e 'e"s%n %" '"%'e"#9/ %" 8%#!/ %& $ 5in%" (Sec.<

n default of parents or a court

appointed guardian, the court may

the following obser'ing as far as,

practicable, the )R5R )C

&RCR"%

1. the S0R226 6RA5&AR!and in case se'eral grandparents

sur'i'e, the court shall select

any of them taking into account

all rele'ant considerationsF

4. the )/5S! BR)!:R )R SS!R

of the minor o'er twenty-one

years of age, unless unfit or

dis9ualifiedF

3. the A"!0A/ "0S!)5A of the

minor o'er twenty-one years of

age, unless unfit or dis9ualifiedF

and. any )!:R &RS), who in the

sound discretion of the court

would ser'e the best interests of

the minor.

D) C$se S#-d9 Re'%"# (Sec. =

!he court shall order a social worker

to conduct a case study of the minor

and all prospecti'e guardians and

submit report and recommendation

to the court for its guidance before

the scheduled hearing.








E) 4%nd %& '$"en#s $s 6-$"di$ns %& '"%'e"#9 %& 5in%" (Sec. 1<

f the market 'alue of the property

on the annual income of the childe*ceeds &?+,+++, the parent

concerned shall furnish a bond in

such amount as the court may

determine, but in no case less than

1+K of the 'alue of such property or

income, to guarantee the

performance of the obligations

prescribed for general guardians.

A 'erified petition for appro'al of the

bond shall be filed in the Camily "ourt of

the place where the child resides or, if

the child resides in a foreign country, inthe Camily court of the place where the

property or any part thereof is situated.

!he petition shall be docketed as a

summary special proceeding in which all

incidents and issues regarding the

performance of the obligations of a

general guardian shall be heard and

resol'ed.

REMOVAL OR RESIGNATION OF

GUARDIAN (Sec. 4o motion for remo'al or resignation

shall be granted unless the guardian has

submitted the proper accounting of the

property of the ward and the court has

appro'ed the same.

G"%-nds &%" #e"5in$#i%n %& 6-$"di$ns!i' (Sec. 4?.

!he court o#u ro$o or upon 'erified

motion of any person allowed to file a

petition for guardianship may terminate

the guardianship on the ground that the

ward has ")# )C A6 or has 55. !heguardian shall notify the court of such

fact within 10 das o $#s ourrene.

RULE TRUSTEES

J-"isdic#i%n: R!" in which the will was

allowed, if it be a will allowed in the

&hilippines, otherwise by the R!" of the

pro'ince in which the property, or some

portion thereof, affected by the trust is

situated.

A trustee is necessary to carry into

effect%a A will where the testator

omitted to appoint a trustee in

the &hilippines ,Tes#$5en#$"9T"-s#1F and

b )ther written instruments where

the trustee therein declines,

resigns, dies, or is remo'ed

before accomplishment of trust

,C%n#"$c#-$( T"-s#1.

o persons succeeding to a trust as

e*ecutor or administrator of a formaltrustee shall be re9uired to accept such

trust.

TRUSTEE APPOINTED A4ROAD (Sec.

>hen land in the &hilippines is held in

trust for a resident by a trustee who

deri'es his authority from abroad, such

trustee must petition the R!" where the

land is situated, otherwise, the trust will

be 'acant and a new trustee will be

appointed.

>hen a trust is created abroad forproperty in the &hilippines, $udicial

appro'al is still needed though trustor is

ali'e.

4OND OF TRUSTEES (Sec. ?

eglect of trustees to file a bond will be

interpreted by the court as resignation

or decline to accept the trust.

:owe'er, he may be e*empted from

bond when re9uested by%

a. testatorFb. All persons beneficially

interested in the trust.

:owe'er, the court may cancel such

e*emption anytime.

REMOVAL OR RESIGNATION OF T2ETRUSTEE (Sec.

REUISITES1. &etition filed by parties

beneficially interestedF

4. otice to trusteeF and

3. :earing.






!% 5$9 'e#i#i%n=&arties beneficially interested.

G"%-nds

1. essential in the interest of petitioners

4. insanity

3. incapability of discharging

trustee

. unsuitability

Rules on Sale and ncumbrance of !rust

state shall conform as nearly as may be

to the pro'isions on Sale and

ncumbrance by 6uardians.

ADOPTION AND CUSTODY OF MINORS

!he pro'isions of the Rules of "ourt on

Adoption ha'e been amended by the

D%5es#ic Ad%'#i%n Ac# %& 0 and the

In#e"c%-n#"9 Ad%'#i%n Ac# %& 0?EXCEPT: Secs < J ; of Rule ==

ffecti'e August 44, 4++4, there is a

new Rule on Adoption.

NATURE AND CONCEPT OF ADOPTIONAdoption is a $uridical act, a proceeding

R#, which creates between two

persons a relationship similar to thatwhich results from legitimate paternity

and filiation.

)nly an adoption made through the

court, or in pursuance with the

procedure laid down under Rule on

Adoption is 'alid in this $urisdiction.

PURPOSE OF ADOPTION!he promotion of the welfare of the

child and the enhancement of his

opportunities for a useful and happy life,

and e'ery intendment is sustained topromote that ob$ecti'e.

2AT DOES T2E COURT DETERMINE INADOPTION CASES

1. capacity of the adopters

4. whether the adoption would be

the best interest of the child

Adoption is strictly personal between the

adopter and the adopted. (*eo$o vs.

el >al)

RULES ON ADOPTION ,Secs) 0>*?1

DOMESTIC ADOPTION

2O MAY ADOPT1. Any Cilipino "itiDen -

a of legal ageF

b in possession of full ci'il capacity

and legal rightsF

c of good moral characterF

d has not been con'icted of any

crime in'ol'ing moral turpitudeF

e emotionally and psychologically

capable of caring for childrenF

f in a position to support and care

for his@her children in keeping

with the means of the familyFand

g at least 1< EARS older than the

adoptee.

4. Any alien possessing the same

9ualifications as abo'eF pro'ided%

a !hat his@her country has

diplomatic relations with the

&:/&&SF

b !hat he@she has been li'ing in

the &hilippines for at least 3

")!0)0S EARS prior to the

filing of the application foradoptionF

c #aintains residence until the

adoption decree is enteredF

d "ertified to ha'e legal capacity

to adopt, by his@her countryF

and

e !hat his@her go'ernment allows

the adoptee to enter his@her

country as his@her adopted

son@daughter.

3. !he guardian with respect to theward after the termination of the

guardianship and clearance of his

financial accountabilities.

!he re9uirement of 1< EARS difference

between the adopter and the adoptee is

)! applicable if the adopter is%

1. the biological parent of the adoptee

4. the spouse of the adoptees parent








!he re9uirement on residency and

certification of aliens 9ualification to

adopt may be >A25 for the following%

1. !he adoptee is a former Cilipino

citiDen who seeks to adopt arelati'e within the th degree of

consanguinity or affinity.

2. )ne who seeks to adopt the

legitimate son@daughter of

his@her Cilipino spouse.

3. )ne who is married to a Cilipino

citiDen and seeks to adopt $ointly

with his@her spouse a relati'e

within the th degree of

consanguinity or affinity of the

Cilipino spouse.

2O MAY 4E ADOPTED1. Any person below eighteen (1

years of age who has been

$udicially declared a'ailable for

adoption )R 'oluntarily

committed to 5S>5.

4. !he legitimate child of one

spouse by the other spouse.

3. An illegitimate child by a

9ualified adopter to raise the

status to that of legitimacy.

. A person of legal age

regardless of ci'il status, if,prior to the adoption, said

person has been consistently

considered and treated by the

adopters as their own child since

minority.

?. A child whose adoption has been

pre'iously rescinded.

<. A child whose biological or

adopti'e parents ha'e died.

;. A child not otherwise

dis9ualified by law or these

rules.

GENERAL RULE: :usband and wife shall

$ointly adopt.

EXCEPTIONS:1. f one spouse seeks to adopt the

legitimate son@daughter of the

other.

4. f one spouse seeks to adopt

his@her own illegitimate

son@daughter.

3. f the spouses are legally

separated from each other.

VENUE (Sec.<

Camily "ourt where the prospecti'e

adopti'e parents reside.

&etition shall be 'erified and specificallystate at the heading of the initiatory

pleading whether the petition contains

an application for a change of name,

rectification of simulated birth,

'oluntary or in'oluntary commitment of

children, or declaration of child as

abandoned, dependent or neglected.

A certification of non-forum shopping

shall be included pursuant to Section ?,

Rule ; of the 1==; Rules of "i'il

&rocedure.

PROCEDUREA) ORDER OF 2EARING (Sec.14

- must be published at least once

a week for 3 ")S"0!2 >GS.

> at the discretion of the court,

copies of the order of hearing

shall be furnished to the office

of the Sol.6en. through the

pro'incial or city prosecutor, the

5S>5 and the biological parents

of the adoptee, C G)>.

- if a change in the name of theadoptee is prayed for in the

petition, notice to the Sol. 6en.

Shall be #A5A!)RE.

4) C2ILD 2OME STUDY REPORTS(Sec.13

- social worker 'erifies with the

"i'il Registry the real identity

and the name of adoptee and

the fact that he is legally

a'ailable for adoption.

- social worker may makerecommendations to the court if

he finds some grounds to deny

the petition.

C) 2EARING (sec.1

- to be held within < #)!:S from

the date of issuance of the order

EXCEPT: in case of A&&/"A!) C)R

":A6 )C A# which hearing

must not be within #)!:S after

/AS! &0B/"A!) nor within 3+

5AES r$or #o ele#$on.






- the petitioner and the adoptee

must personally appear and the

former must testify in court.

D) SUPERVISED TRIAL CUSTODY ,STC1(Sec.1?

Before issuance of decree of

adoption the court shall gi'e the

adopter trial custody of the adoptee

for at least < #)!:S.

Re$s%n: So the parties will ad$ust

psychologically and emotionally to

each other and establish a bonding

relationship. "ourt may reduce or e*empt parties

from S!".

GENERAL RULE: Alien adopter must complete the <

#)!:S S!".

EXCEPTION: Same as *emptions from re9uirements

of residency and certification.

E) DECREE OF ADOPTIONf issued, this will take effect as of

the date of filing of the original

petition.

n case of change of name, thedecree shall be submitted to the

"i'il Registrar where the court

issuing the same is situated.

An amended birth certificate shall

be issued. !he original birth

certificate shall be stamped

HcancelledI and shall be sealed in

the "i'il Registry records.

!he new birth certificate to be issued

to the adoptee shall not bear anynotation that it is an amended issue.

EFFECTS OF ADOPTION1. adopter will e*ercise parental

authority.

4. all legal ties between biological

parents and the adoptee shall be

se'ered, e*cept when biological

parent is spouse of adopter.

3. adoptee shall be considered

legitimate child of adopter for

all intents and purposes.

. adopters shall ha'e reciprocal

rights of succession without

distinction from legitimate

filiation.

All hearings and records are

confidential. (Sec.1

INTER COUNTRY ADOPTION(Secs. 4<-34

!e"e #% &i(e Pe#i#i%n=- A 'erified petition to adopt a Cilipino

child may be filed by a foreign

national or Cilipino citiDen

permanently residing abroad with

the F$5i(9 C%-"# ha'ing $urisdictiono'er the place where the child

resides or may be found.

- t may be filed directly with the

In#e">C%-n#"9 Ad%'#i%n 4%$"d)

2O MAY ADOPT1. any alien or Cilipino citiDen

permanently residing abroad

who is at least twenty-se'en (4;

years of ageF

4. other re9uirements same as with

RA ??*.

2O MAY 4E ADOPTED)nly a legally free child may be the

sub$ect of inter-country adoption.

A child under the nter-"ountry

Adoption Act is defined as any person

below fifteen (1? years of age.

RESCISSION AND REVOCATION OFADOPTION

0nder the D%5es#ic Ad%'#i%n Ac# %& 0, the A5)&!R "A ) /)6R

R2)G the adoption, he can merely

d$s$n+er$# the adoptee in accordance

with the pro'isions of the "i'il "ode.

n re'ocation, it relates only as to the

date of the $udgment. :ence in

re'ocation, 'ested rights prior to

rescission should be respected.

!% &i(es=1. A5)&!








a o'er 1 years of age or

b if minor with assistance of

5S>5

4. 60AR5A if o'er 1 but

incapacitated or ")0S/

G"%-nds1. repeated physical 'iolence and

'erbal maltreatment by the

adopter despite ha'ing

undergone counselingF

4. attempt on the life of the

adopterF

3. se*ual assault or 'iolenceF or

. abandonment or failure to

comply with parental

obligations.

Ven-eCA#/E ")0R! of the city or pro'ince

where the adoptee resides. (Sec. 4+

Pe"i%d i#!in !ic! #% &i(e VERIFIED'e#i#i%n (Sec. 41

? EARS from reaching age of ma$ority or

from reco'ery of incompetency.

Ad'erse party shall file his AS>R

within 1? days from receipt of order of

court re9uiring him to answer. (Sec. 44

EFFECTS OF JUDGMENT OF RESCISSION1. parental authority or legal

custody will be restored

4. reciprocal rights of adoptee and

adopter will be e*tinguished

3. 'ested rights re9uired prior to

$udicial rescission shall be

respected

. adoptee shall use the name

stated in his original borth or

foundling certificate?. ci'il registrar will reinstate his

original birth or foundling

certificate

0nlike in re'ocation of guardianship,

re'ocation of adoption is a separate

proceeding from the adoption.

RULE / SECTIONS B 7 Sections < and ; of Rule == of the

Rules of "ourt referring to "ustody of

#inors are still 'alid pro'isions.

R-(e / Sec#i%n B) P"%ceedin6s $s #%c!i(d !%se '$"en#s $"e se'$"$#ed)!he 9uestion as to the care and custody

and control of a child or children of their

marriage is brought before a Regional!rial "ourt by &etition or as an incident

to any other proceedings.

!en '$"en#s c%nside"ed -n&i# #% #$ec!$"6e %& #!e c!i(d

1. by reason of moral depra'ity

2. habitual drunkenness

3. incapacity

4. po'erty

ORDER OF PREFERENCE in c$se #!e

'$"en#s $"e -n&i#1. &arental@#aternal grandparents

2. "hilds oldest brother or sister

3. Some reputable or discreet

person

4. Any suitable asylum, childrens

home or bene'olent society.

o child under se'en (; years of age

shall be separated from its mother,

unless the court fins there are

compelling reasons therefor.

R-(e / Sec#i%n 7) C-s#%d9 %& V$6"$n#%" A8-sed C!i(dJ-"isdic#i%n $nd Ven-eCamily "ourts of the territory where the

petitioner resides.

G"%-nds1. &arents of the minor are deadF

2. &arents ha'e abandoned the

child by reason of long absence

or legal or physical impossibilityF

3. &arents cannot support the childF

4. &arents treat the child withe*cessi'e harshnessF

5. &arents gi'e the child corrupting

orders, counsels or e*amplesF

6. &arents cause or allow the child

to engage in beggingF

7. &arents cause or allow child to

commit offenses against the law.

PROCEDURE1. Ciling of &etition 8 by a reputable

resident of the pro'ince






4. Show "ause )rder 8 directed to

parents or in case the parents

are dead or cannot be found,

re9uiring the fiscal of the

pro'ince to show cause, why thechild should not be taken from

its parents, if li'ing

3. :earing and )rder

. Ser'ice of 7udgment 8 upon the

"i'il Registrar of the city or

municipality where the court

issuing the same is situated.

RULE 00PROCEEDINGS FOR 2OSPITALIKATION

OF INSANE PERSONS

Ven-eR!" of pro'ince where the person

alleged to be insane is found.

!% &i(es=5irector of :ealth with assistance of city

or pro'incial fiscal.

Re-isi#es1. 5irector of :ealth is of the

opinion that the commitment of the person alleged to be insane

is for &0B/" >/CAR or for !:

>/CAR of said person

4. Such person or one ha'ing

charge of him is opposed or his

being taken to hospital or asylum

DISC2ARGE OF INSANE (Sec.

5irector of :ealth may file this petition

when he is of the opinion that the person

is permanently or temporarily cured or

may be released without danger

RULE 0*2A4EAS CORPUS

2$8e$s c%"'-s e;#ends #%: (Sec.1

1. cases of illegal confinement or

detention by which a person is

depri'ed of his libertyF and

4. cases by which the rightful custody of

the person is withheld from the

person entitled thereto

!he restraint must be actual,

effecti'e and material. !he person need

not actually be confined as long as

freedom of action is limited. (onuavs. /nr$le, No. 61107, Ar. 26, 198!)

"i# %& 2$8e$s C%"'-s - a command

directed to the person detaining another,

re9uiring him to produce the body of the

person detained at a designated time

and place, and to produce and to show

cause and to e*plain the reason for

detention.

PURPOSE

!he essential ob$ect and purpose of thewrit of habeas corpus is to in9uire into

all manner of in'oluntary restraint as

distinguished from 'oluntary, and to

relie'e a person therefrom if such

restraint is illegal. (onua vs. /nr$le,

sura)

And any further rights of the parties are

left untouched by decision on the writ,

whose principal purpose is to set the

indi'idual at liberty. (>$llav$en$o vs.

Luan)

!he pri'ilege of writ is so sacred that,

according to our ")S!!0!), it shall

not be suspended e*cept in cases of

in'asion or rebellion when public

security re9uires it (Art. , Sec. 1?.

IN CASES OF ILLEGAL CONFINEMENT OR DETENTIONGENERAL RULE: !he release, whether

permanent or temporary, of a detained

person renders the petition for habeas

corpus moot and academic.EXCEPTION: >hen there are restraints

attached to his release which precludes

freedom of action, in which case the

court can still in9uire into the nature of

his in'oluntary restraint. (>$llav$en$o

vs. Luan)

!e#!e" #!e S#$#e c$n "ese"e #!e'%e" #% "e>$""es# $ 'e"s%n &%" $n%&&ense $&#e" $ c%-"# %& c%5'e#en#

<-"isdic#i%n !$s $8s%(ed !i5 %& #!e%&&ense)








>e hold that such a reser'ation is

repugnant to the go'ernment of laws

and not of men principle. 0nder this

principle, the moment a person is

ac9uitted on a criminal charge he can nolonger be detained or re-arrested for the

same offense. (onua vs. /nr$le)

GROUNDS FOR RELIEF1. depri'ation of any fundamental

or constitutional right

4. lack of $urisdiction of the court

to impose the sentence

3. e*cessi'e penalty

Re-isi#es &%" #!e iss-$nce %& #!e "i#

in c$ses 89 !ic! #!e "i6!#&-( c-s#%d9%& #!e 'e"s%n %& $ 5in%" is i#!!e(d&"%5 #!e 'e"s%n en#i#(ed #!e"e#%

1. that the petitioner has the right

to the custody o'er the minor

2. that the rightful custody of the

minor is being withheld from the

petitioner by the respondent

3. that it is to the best interest of

the minor concerned to be in the

custody of the petitioner and not

that of respondent. ("oon%

vs. CA, @anuar !1, 1996)

:abeas "orpus can ne'er be a

substitute for appeal.

!e#!e" #!e 'e#i#i%n &%" #!e "i# %& !$8e$s c%"'-s 5$9 8e '"%'e"(9 &i(ed#%6e#!e" i#! #!e 'e#i#i%n &%"ce"#i%"$"i $nd 5$nd$5-s!he "ourt ruled that the writs of habeas

corpus and certiorari may be ancilliary

to each other where necessary to gi'e

effect to the super'isory powers of the

higher courts. A writ of habeas corpusreaches the body and the $urisdictional

matters, but not the record. A writ of

certiorari reaches the record but not the

body. :ence, a writ of habeas corpus

may be used with the writ of certiorari

for the purpose of re'iew. :owe'er,

habeas corpus does not lie where the

petitioner has the remedy of appeal or

certiorari because it will not be

permitted to perform the functions of a

writ of error or appeal for the purpose of

re'iewing mere errors or irregularities in

the proceedings of a court ha'ing

$urisdiction o'er the person and the

sub$ect matter. (alve3, e# al. vs. CA, e#

al., 2!7 "CA 685).

!he person on bail is not entitled to

habeas corpus because his detention is

legal and technical.

D%es %(-n#$"9 "es#"$in# c%ns#i#-#e!$8e$s c%"'-s=As a 6RA/ R0/, NO. "&! when a

person restrained is a minor and the

petitioner is the father or mother or

guardian or a person ha'ing custody of

the minor.

2oluntariness is 'iewed from the point

of 'iew of the person entitled to

custody.

S-'e"enin6 Een#s M$9 4$" Re(e$se'en if the arrest of a person is illegal,

super'ening e'ents may bar release of

discharge from custody. >hat is to be

in9uired into is the legality of detention

as of, at the earliest, the filing of the

application for the writ of habeas

corpus. (>elaso vs. CA, @ul 7,1995).

P"e(i5in$"9 Ci#$#i%n > issued by the

court to show cause whether or not the

writ should be issued

!% 5$9 6"$n# #!e 'e#i#i%n (Sec.4

1. S" or any member thereon

4. "A or any member thereof

3. R!" or any $udge thereof

. #!" - in the absence of R!"

$udges

P"%ced-"e &%" 6"$n# %& "i#a. 'erified petition signed by the

party for whose relief it is

intendedF some other person in

his behalfF

b. allowance of writF

c. command officer to produceF

d. ser'ice of writ by sheriff or other

officerF

e. returnF and

f. hearing on return.






T% !%5 "i# di"ec#ed $nd !$# #%"e-i"e) (Sec.<

5irected to officer and commands him

to%

1. ha'e the body of person beforethe courtF and

4. show cause of the imprisonment

or restraint.

2% "i# is e;ec-#ed $nd "e#-"ned(Sec.

O&&ice" s!$((%1. "on'ey the person so imprisoned

before the $udge, unless from

sickness or infirmity, such person

cannot, without danger be

brought before the court.4. #ake the return of the writ

together with the day and the

cause of caption or restraint.

De&ec# %& &%"5 (Sec.=

) writ can be disobeyed for defect in

form C it sufficiently states%

1. person in whose custody or

under whose restraint the party

imprisoned or restraint is held,

and

4. court or $udge before whom he is

to be brought.

!en #!e "e#-"n eidence/ $nd !en%n(9 $ '(e$ (Sec.3

f a prisoner is in custody under a

warrant of commitment in pursuance of

law or under a $udicial order, the return

shall be considered &R#A CA"

25" )C !: "A0S )C RS!RA!,

!%ee" it shall only be plea of the

facts set forth if restraint is by pri'ate

authority.

!en '"is%ne" disc!$"6ed i& n% $''e$()(Sec.1?

f one is unlawfully imprisoned, court

shall order his discharge but such

discharge shall not be effecti'e until a

copy of the order has been ser'ed on the

office or person detaining the prisoner. f

person detaining him does not appeal,

the prisoner shall be released.

!en '"is%ne" 5$9 8e "e5%ed &"%5%ne c-s#%d9 #% $n%#!e" (Sec.1

1. By legal process

4. &risoner is deli'ered to an

inferior officer to carry to $ail

3. By order of proper court or $udge

be remo'ed from one place toanother within the &hil. for trial.

. n case of fire, epidemic,

insurrection or other necessity or

public calamity.

!en d%es c%-"# $c-i"e <-"isdic#i%n%e" 'e"s%n %& "es'%nden#=!he writ itself plays the role as summon

in ordinary actionsF court ac9uires

$urisdiction o'er the person of the

respondent BE #R SR2" )C >R!.

APPEAL IN 2A4EAS CORPUS CASES!he appeal in habeas corpus cases may

be taken in the name of the person

detained or of the officer or person

detaining him.

An appeal in habeas corpus cases shall

be perfected by filing with the clerk of

court or the $udge, within hours from

notice of $udgment, a notice of appeal.

RULE ON CUSTODY OF MINORS ANDRIT OF 2A4EAS CORPUS

IN RELATION TO T2E CUSTODY OFMINORS ,A)M) N%) 3>.>.>SC1

!% 5$9 &i(e Pe#i#i%n= (Sec.3

- A 'erified petition for the rightful

custody of a minor may be filed by any

person claiming such right.

!e"e #% &i(e 'e#i#i%n= (Sec.3

- Camily "ourt of the pro'ince or citywhere the petitioner resides or where

the minor may be found.

P"%isi%n$( O"de" A$"din6 C-s#%d9(Sec.13

As far as practicable, the following order

of preference shall be obser'ed in the

award of custody%

a. Both parents $ointlyF

b. ither parent, taking into

account all rele'ant

considerations, especially the








choice of the minor o'er se'en

years of age and of sufficient

discernment unless the parent

chosen unfitF

c. !he grandparent or if there arese'eral grandparents,

grandparent chosen by the minor

o'er se'en years of age and of

sufficient discernment, unless

the grandparent chosen is unfit

or dis9ualifiedF

d. !he eldest brother or sister o'er

twenty years of age unless he or

she is unfit or dis9ualifiedF

e. !he actual custodian of the

minor o'er twenty years of age,

unless the former is unfit ordis9ualifiedF or

f. Any other person or institution

the court may deem suitable to

pro'ide proper care and

guidance for the minor.

Te5'%"$"9 Visi#$#i%n Ri6!#s (Sec.1?

!he court shall pro'ide in its order

awarding pro'isional custody appropriate

'isitation rights to the non- custodial

parent or parents, unless the court finds

said parent or parents unfit or

dis9ualified.

Pe#i#i%n &%" "i# %& 2$8e$s C%"'-s (Sec.

4+ shall be filed with the Camily

court. shall be enforceable within its

$udicial region to which the

Camily "ourt belongs. the petition may howe'er be

filed with the regular court in

the absence of the presiding

$udge of three Camily "ourt,pro'ided howe'er that the

regular court shall refer the case

to the family "ourt as soon as its

presiding $udge returns duty. petition may also be filed with

the S", "A, or with any of its

members and, if so granted the

writ shall be enforceable

anywhere in the &hilippines. !he

writ may be made returnable to

a Camily court or to any regular

court within the region where

the petitioner resides or where

the minor may be found for

hearing and decision on themerits.

RULE 03C2ANGE OF NAME

Ven-e (Sec. 1

R!" of the pro'ince in which he resides.

C%n#en#s %& Pe#i#i%n (Sec.4

t shall set forth%

1.that petitioner is a bonafideresident of the pro'ince where

petition is filed for at least three

years prior to the date of filingF

2. all names by which petitioner is

knownF

3. cause for change of nameF

4. name asked for.

&etition shall be signed and 'erified by

person desiring his name changed or

some other person in his behalf.

Re9uirement of 'erification is formal,

)! $urisdictional re9uisite. t is not aground for dismissing petition.

J-"isdic#i%n$( Re-i"e5en#s1. the 'erified petition should be

published for three successi'e

weeks in some newspaper of

general circulation in the

pro'inceF

2. that both the title and caption of

the petition and its body shall

recite%

a name @names or aliases of the applicantF

b cause for which the change

of name is soughtF

c new name asked for. ("ean

o vs. eul$, 52 "CA

!22).

2e$"in6 - shall not be within 3+ days

prior to an election nor within #)!:S

after the /AS! &0B/"A!) of notice of

hearing.






E&&ec#s %& Disc"e'$nc9 in #!e Pe#i#i%n$nd P-8(is!ed O"de"!he defect in the petition and the order,

as to the spelling of the name of the

petitioner, is substantial, because it didnot correctly identify the party to said

proceedings.

G"%-nds &%" c!$n6e %& n$5e1. name is ridiculous, tainted with

dishonor and e*tremely difficult

to write or pronounceF

2. conse9uence of a change of

statusF e.g. legitimated childF

3. necessity to a'oid confusionF

4. ha'ing continuously used and

been known since childhood by aCilipino name, unaware of her

alien parentageF

5. a sincere desire to adopt a

Cilipino name to erase signs of

former alienage, all in good faith

and without pre$udicing

anybody.

TITLE OF PETITION MUST CONTAINEDT2E FOLLONG

1. )fficial name (birth certificate 8

be 'ery particular with the

spelling because it may a'oid orannul the proceedingsF it is

$urisdictionalF

2. all aliasesF and

3. name asked for.

All the names or aliases must appear in

the title or caption of the petition,

because the reader usually merely

glances at the title of the petition and

may only proceed to read the entire

petition if the title is of interest to him.

("ean o vs. eul$,sura).

A decree of adoption grants the adoptee

the right to use the adopters surname

but not to change the formers first

name which relief must be sought in a

discrete petition under Rule 1+3.

(eul$ vs. 'ernande3 , N:.

117209, Feruar 9, 1996.

Cor administrati'e procedure for

"hange of ame, refer to Administrati'e

)rder 1, Series of 4++. t only applies

to%

1. clerical errorsF and

4. innocuous errors.

RULE 07A4SENTEES

A4SENTEE CONSEUENCE

+-4 years --------

4 years to ; years &etition for

declaration of

absence may be filedBeyond ; years

(absence of years

under e*traordinary

circumstance

"onsidered dead for

all intents and

purposes e*cept for

purposes of

succession

Cor purposes of

marriage% years

continuous absence

shall be sufficient for

present spouse to

remarry, 4 years only

under e*traordinary

circumstance

PURPOSE OF PETITION > to appoint an

administrator o'er the

properties of the absentee.

:ence, if absentee left no

properties, such petition is

unnecessary.

GROUNDS FOR TERMINATION OF T2EADMINISTRATION

1. absentee personally appears

through an agent4. absentee death is pro'en and

heirs appear

3. third person appears showing

that he ac9uired title o'er the

property of the absentee

. Actual or presumpti'e death

cannot be the sub$ect if it is the

onlt 9uestion or matter in'ol'ed

in a case or upon which a

competent court has to pass.








(Luan vs. eul$, No.

8492, Feruar 29, 1956)

N% inde'enden# $c#i%n &%" Dec($"$#i%n%& P"es-5'#i%n %& De$#!E;ce'#i%n: the need for declaration of

presumpti'e death for purposes of

marriage (Article 1 of the Camily "ode.

RULE 0CANCELLATION OR CORRECTION OF

ENTRIES IN T2E CIVIL REGISTRY

Republic Act o. =+ which was passed

by "ongress on Cebruary , 4++1substantially amended Article 14 of the

ew "i'il "ode, to wit%

SECTION 0) Authority to "orrect "lerical

or !ypographical rror and "hange of

Cirst ame or ickname.Lo entry in a

ci'il register shall be changed or

corrected without a $udicial order,

e*cept for clerical or typographical

errors and change of first name or

nickname which can be corrected or

changed by the concerned city or

municipal ci'il registrar or consulgeneral in accordance with the

pro'isions of this Act and its

implementing rules and regulations.

!he abo'e law speaks clearly. "lerical or

typographical errors in entries of the

ci'il register are now to be corrected

and changed without need of a $udicial

order and by the city or municipal ci'il

registrar or consul general. !he ob'ious

effect is to remo'e from the ambit of

Rule 1+ the correction or changing of

such errors in entries of the ci'ilregister. :ence, what is left for the

scope of operation of Rule 1+ are

substantial changes and corrections in

entries of the ci'il register. (Lee vs. CA,

.. No. 118!87, :#oer 11, 2001).

Re-isi#es %& Ade"s$"i$( '"%ceedin6s1. &roper petition is filed where the

"i'il Registrar and all parties

interested are impleaded.

4. !he order of the hearing must be

published once a week for three

consecuti'e weeks.

3. otice thereof must be gi'en to the

"i'il Registrar and all partiesaffected thereby.

. !he ci'il registrar and any person

ha'ing or claiming any interest under

the entry whose cancellation or

correction is sought may, within 1?

days from notice of the petition or

from the last date of publication of

such notice, file his opposition

thereto.

?. Cull blown trial.

&roceedings for the correction of

entries should not be considered as

establishing ones status in a manner

conclusi'ely beyond dispute. !he status

corrected would not ha'e a superior

9uality for e'identiary purposes. !here is

no increase or diminution of substanti'e

right. (C+$ao Ben L$ vs. osa, L- 40252,

eeer 29, 1986)

PETITIONS FOR C2ANGE OF

NAME

PETITIONS FOR T2E CORRECTION/CANCELLATION OF

ENTRIES

&etition to be filed

in the R!" where

the petitioner

resides

2erified petition filed

in the R!" where the

corresponding "i'il

registry is located

Solicitor 6eneral

must be notified by

ser'ice of a copy of

the petition.

"i'il registrar

concerned is made a

party to the

proceeding as a

respondent. !he

Solicitor 6eneral

must also be notified

by ser'ice of a copyof the petition.

&etition is filed by

person desiring to

change his name

&etition is filed by

any person interested

in any A"!, 2!,

)R5R or 5"R

)rder for hearing

shall be published

once a week for

three consecuti'e

weeks

)rder shall also be

published once for

three consecuti'e

weeks and court shall

cause reasonable

notice to persons

named in petition






Ser'ice of $udgment shall be upon the ci'il

register concerned

&etition for change of name ,R-(e 031and petition for cancellation or

correction of entries are 5S!"!&R)"56S.

:ence, a party cannot change name and

correct an entry in a single petition

without satisfying the $urisdictional

re9uirements. (eul$ v. Balore)

RULE 0APPEALS IN SPECIAL PROCEEDINGS

O"de"s %" <-d65en#s &"%5 !ic!$''e$(s 5$9 8e #$en (Sec.1

An interested person may appeal in

special proceedings from such order or

$udgment rendered which%

1. Allows or disallows a willF

4. 5etermines who are the lawful

heirs of a deceased person, or

the distributi'e share of the

estate to which such person is

entitledF

3. Allows or disallows, in whole or

in part, any claim against the

estate of a deceased person, orany claim presented on behalf of

the estate in offset to a claim

against itF

. Settles the account of an

e*ecutor, administrator, trustee

or guardianF

?. "onstitutes, in the proceedings

relating to the settlement of the

estate of a deceased person, or

the administration of a trustee

or guardian, a final

determination in the lower courtof the rights of the party

appealing

appealing, e*cept that no appeal

shall be allowed from the

appointment of a special

administratorF and

<. s the final order or $udgment

rendered in the case, and affects

the substantial rights of the

person appealing, unless it be an

order granting or denying a

motion for a new trial or for

reconsideration.

ORDERS T2AT ARE NOT APPEALA4LE

1. )rder directing administrator totake action to reco'er amount

due to the estateF

4. )rder made in administration

proceedings relating to inclusion

or e*clusion of items of property

in the in'entory of e*ecutor or

administratorF

3. )rder appointing special

administratorF

. )rder granting or denying a

motion for new trial or for

reconsideration.

APPEAL INORDINARY CIVIL

ACTION

APPEAL IN SPECIALPROCEEDINGS

&R)5%

1? days

3+ days

RM0R#!S

otice of Appeal and

5ocket Cees

Record on Appeal and

5ocket Cees

o e*tension #ay be e*tended on

meritorious grounds








VENUE AND JURISDICTION OF SPECIAL PROCEEDINGS

SPECIAL PROCEEDING VENUE JURISDICTION

1. Settlement of the state Resident of the 5ecedent orif the decedent is a non-

resident, place where he

had an estate

#!" if the gross 'alue of theestate does not e*ceed &4++,+++,

or &++,+++ in #etro #anila

R!" if the gross 'alue of the

estate e*ceeds the abo'e amounts

4. scheat a. Pe"s%n dies in#es#$#e

(e$in6 n% !ei" 8 Resident of

the decedent or if non-

resident, in the place where

he had an estate.

R!"

b. Ree"si%n 8 >here the

land lies in whole or in part

R!"

c. Unc($i5ed 4$($nce 8

>here the dormant deposits

are located

R!"

?. Appointment of

6uardians

>here the minor or

incompetent resides

Camily "ourt (in case of #inors

R!" (Regular courtsLin cases

other than minors

<. Appointment of !rustees >here the will was allowedor where the property or

portion thereof affected by

the trust is situated

R!"

;. Adoption >here the adopter resides Camily "ourt

. Rescission of Adoption >here the adoptee resides Camily "ourt

=. :abeas "orpus >here the detainee is

detained (if the petition is

filed with the R!"

S", "A, R!", #!" in the pro'ince

or city in case there is no R!"

$udge






1+. "hange of ame >here petitioner resides R!"

11. Appointment of

Representati'e of

Absentee@5eclaration of Absence

>here the absentee resided

before his disappearance R!"

14. "ancellation@"orrection

of ntries in the "i'il

Registries

>here the corresponding

"i'il Registry is located

R!"

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

Documents

6spec pro.rem-1