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SPECIAL PROCEEDINGS

Venue and Jurisdiction of Special Proceedings

Balbas, Maria Clarissa S. November 26, 2012

2012-200279

ACTION VENUE JURISDICTION

1. Settlement of the Estate a. Inhabitant of the Philippines (Resident):

Province in which he resides at the time of

his death

b. Inhabitant of a Foreign Country (Non-

Resident): Any province in which he had

estate

(Rule 73, Section 1)

MTC:

If the gross value of the estate does not

exceed P300,000.00, or does not exceed

P400,000.00 in Metro Manila

RTC:

If the gross value of the estate exceeds

the above amounts

2. Escheat a. Person dies intestate, leaving no heir or

person by law entitled to the same:

Resident: province where the deceased last

resided

Non-resident: province in which he had

estate (Rule 91, Section 1)

b. Reversion or escheat of properties

alienated in violation of the Constitution or

of any statute: province where the land lies

in whole or in part

(Rule 91, Section 5)

RTC

3. Guardianship of minors and

incompetents

Resident: place where the minor or

incompetent person resides

Non-Resident: place where his property or

part thereof is situated

(Rules 92-97; A.M. No. 03-02-05-SC)

Family Courts:Minors

RTC:Incompetents who are not minors

4. Trustees Place where the will is allowed or where the

property or portion thereof affected by the

trust is situated

(Rule 98, Section 1)

RTC

5. Domestic Adoption Place where the adopter resides

(A.M. No.02-06-02-SC)

Family Court

6. Inter-Country Adoption Place where the adopter resides if filed with

the Family Court

(A.M. No. 0206-02-SC)

Family Court or the Inter-Country

Adoption Board

7. Rescission of Adoption Place where adoptee resides

(A.M. No. 02-06-02-SC)

Family Court

8. Custody of Minors Province or City where petitioner resides or

minor may be found

(Rule 99, Section 1)

Family Court

9. Writ of Habeas Corpus Place where the detainee is detained (if the

petition is filed with the RTC)

(Rule 102)

SC, CA, RTC, MTC in the province or city

in case there is no RTC judge;

Sandiganbayan: only in aid of its

appellate jurisdiction

10. Writ of Amparo Place where the threat, act or omission was

committed or any of its elements occurred

(A.M. No. 07912SC)

RTC, Sandiganbayan, CA, SC or any

justice thereof

11. Writ of Habeas Data Place where the petitioner or respondent

resides or that which has jurisdiction over

the place where the data or information is

gathered, collected or stored at the option

of the petitioner (A.M. No. 08-1-16SC)

RTC, Sandiganbayan, CA or SC when the

action concerns public data or files of

government offices

12. Absentees Place where the absentee resided before his

disappearance (Rule 107)

RTC