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8/22/2019 Powerpoint Reviewer Specpro
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Leis Reviewer in SpecPro
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What is the Subject Matter of SpecPro?
a. Settlement of Estate Deceased Persons
b. Escheat
c. Guardianship and Custody of Children
d. Trustees
e. Adoption
f. Rescission or Revocation of Adoption
g. Hospitalization of Insane Persons
h. Habeas Corpus
i. Change of Name
j. Voluntary Dissolution of Corporation
k. Judicial Approval of Voluntary Recognition of Minor Natural Children
l. Constitution of Family Home
m. Declaration of Absence and Death
n. Cancellation or correction of entries in the Civil Registry
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What are the differences b/w an ACTION and a
SPECIAL PROCEEDING?
As to PURPOSE
ACTION: To protect or enforce a right/ Prevent or redress a wrong
SPECIAL PROCEEDING: To establish a STATUS, a RIGHT, or a PARTICULAR
FACT
As to MODE OF FILINGACTION: COMPLAINT
SPECIAL PROCEEDING: PETITION
As to PARTIES
ACTION: Definite Parties
SPECIAL PROCEEDING: Definite Petitioner,No definite adverse parties
As to REPLY
ACTION: ANSWER
SPECIAL PROCEEDING: OPPOSITION
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What are the differences b/w an ACTION and a
SPECIAL PROCEEDING?
As to JURISDICTION
ACTION: Court of GENERAL Jurisdiction
SPECIAL PROCEEDING: Court of LIMITED Jurisdiction
As to KIND OF PROCEEDINGACTION: ADVERSARIAL
SPECIAL PROCEEDING: NON-ADVERSARIAL
As to Applicability of PRESCRIPTION
ACTION: Statute of Limitation applies
SPECIAL PROCEEDING: Statute of Limitation does not apply
As to PERIOD FOR APPEAL
ACTION: 15 days
SPECIAL PROCEEDING: 30 days
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Rule 73. VENUE AND PROCESS
Section 1. Where estate of deceased persons settled
GR: Court of First Instance (RTC) of:
a. For Resident citizens:
In the province in w/c he resides @ time of death
b. For Resident Aliens
Any province in which he had estate
X: MTC:
a. Metro Manila < 400k
b. Outside Metro Manila < 300k
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Section 1. Where estate of deceased persons settled
Exclusionary Rule
a. The court first taking cognizance of the settlement shallexercise jurisdiction to the exclusion of all other courts.
b. Such Jurisdiction shall not be contested in a suit or
proceeding except in an APPEAL:i. From that court;
ii. In the original case; or
iii. When the want of jurisdiction appears from the record
Rule 73. VENUE AND PROCESS
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Section 2.
Where is estate sett led upon d isso lut ion of Marr iage?
a. If one of the spouses died:
In the testate/ intestate proceedings of the deceasedspouse
b. If both spouses died:
In the testate/ intestate proceedings ofeitherspouse
Rule 73. VENUE AND PROCESS
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Section 3. Process
What are the val id causes for is suance of a warrant?
a. To compel to attendance of witness
b. To carry into effect the courts orders and judgments,
and all other powers
c. Apprehension and imprisonment of persons who do not
perform a lawful order or judgment by the court
Rule 73. VENUE AND PROCESS
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Section 4. Presumption of DeathWhen may a person be con s idered d ead for pu rposes of success ion?
a. GR:
10 years
b. X: disappeared after age 75
5 yearsWhat abou t for al l purposes?
a. GR:
7 years
b. X: Special cases,
4 years (Civil Code)2 years for the purpose of remarriage(Family Code) if:
i. lost during sea voyage or missing aircraft
ii. Armed forces, during war
iii. In danger of death under other circumstances
Rule 73. VENUE AND PROCESS