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SPECIAL PROCEEDINGS

SETTLEMENT OF ESTATE OF DECEASED PERSONS (RULES 73-91)

SP RULE PURPOSE GROUNDS JURISDICTION VENUE PERSONS WHO CAN FILE

RULE 73 (Venue and Process) To settle the estateof a deceasedperson

Probate Court

(MTC if gross value of the estate does

not exceed P300,000, or P400,000 ifin Metro Manila);

(RTC if gross value of the estateexceeds P300,000 or P400,000 if inMetro Manila)

RESIDENT (whether citizen ornot)Court of the province orcity where he resides at the

time of death)

NON-RESIDENT

(Court of the province whereinhe had his estate)

TESTATE SUCCESSION executor or administrator with awill annexed

HEIRSCREDITORS

RULE 74 (Summary Settlement of Estates)

1) Extra-judicial settlement of estate (Section 1)

2) Summary settlement of estates of small value(Section 2)

To achieve a

speedy settlementof the estate of the

decedent withouthaving to appointan administratoror executor

Section 1. (applicable

only in intestatesuccession)

SUBSTANTIVE1) The decedent left nowill

2) No debts3) The heirs are all of

age or the minors are

represented by theirjudicial or legal

representatives duly

authorized for thepurpose.

PROCEDURAL1) Division of the estate

must be in a public

instrument or byaffidavit of self-

adjudication in case of asole heir2) Filed with the proper

ROD3) Publication of notice

Section 1.

NO COURT INTERVENTION IS

NEEDED. All that is required isdivision of estate in public instrumentor affidavit of adjudication, filed withthe proper Registry of Deeds,

publication once a week for 3consecutive weeks and bond

equivalent to personal property.

Section 2.

MTC.

Section 2.

RESIDENT (whether citizen or

not)Court of the province or

city where he resides at thetime of death)

NON-RESIDENT(Court of the province wherein

he had his estate)

Section 1.

ALL HEIRS agree to the extra-

judicial settlement

Section 2,

ANY interested party even by acreditor of the estate without the

consent of all heirs.

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of the fact of

extrajudicial settlementonce a week for threeconsecutive weeks

4) Bond filed equivalentto the value of personal

property.

Section 2. (either testateor intestate)

1) Gross value of theestate must not exceed

P10,0002) with or without debts

3) Bond to bedetermined by the court4) Publication of notice

once a week for threeconsecutive weeks.

RULE 75 ( Production of Will, Allowance ofWill Necessary)

To safeguard therights of the

decedent as wellas those who shallinherit from him

Probate Court

(MTC if gross value of the estate doesnot exceed P300,000, or P400,000 ifin Metro Manila);

(RTC if gross value of the estateexceeds P300,000 or P400,000 if in

Metro Manila)

RESIDENT (whether citizen ornot)Court of the province or


NON-RESIDENT(Court of the province whereinhe had his estate)

The CUSTODIAN of the will mustdeliver it to the court or the

executor within 20 days after helearns of the death of the testator.

The executor of the will shall,within 20 days after he knows of the

testators death or after he knowsthat he is named an executor if heknows it after the testators deathshall present the will to the court

and signify in writing hisacceptance or refusal of the trust.

RULE 76 (Allowance or Disallowance of Will) To prove in acourt a document

purporting to bethe last will and

testament of a

deceased personin order that it

may be officially

Grounds for allowance:

1) that the will wasexecuted strictly in

accordance with the

formalities required bylaw

2) That the testator was

Probate Court

(MTC if gross value of the estate doesnot exceed P300,000, or P400,000 if

in Metro Manila);

(RTC if gross value of the estate

exceeds P300,000 or P400,000 if in




he had his estate)

EXECUTORDEVISEE OR LEGATEE named in

the willPERSON INTERESTED in the

estate (someone who would be

benefited by the estate such as anheir, or one who has a claim against

the estate such as a creditor)

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recognized as

registered and itsprovisions carriedout insofar as they

are in accordancewith the law.

of sound and disposing

mind when he executedthe will3) That there was no

vitiation of consentthrough duress, fear or

threats4) That it was notprocured by undue orimproper pressure or

influence on the part ofthe beneficiary or someother person for his

benefit5) That the signature of

the testator is genuine

Grounds for

disallowance:

1) If not executed and

attested as required by

law2) If the testator was

insane or otherwisementally incapable ofmaking a will at the time

of its execution3) If it was executedunder duress or the

influence of fear orthreats4) If it was procured by

undue and improperpressure and influenceon the part of thebeneficiary or of some

other person for his

benefit5) If the signature of the

testator is procured byfraud or trick and henever intended that the

instrument should be hiswill at the time of fixing

Metro Manila)TESTATOR HIMSELF during hislifetimeANY CREDITOR -

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his signature thereto.

RULE 77 (Allowance of Will Proved Outside of

Philippines and Administration of EstateThereunder)

To facilitate the

re-probate of awill probated in aforeign country

Grounds to prove:

1) That the testator wasdomiciled in a foreign

country

2) That the will has beenadmitted to probate in

such country3) That the foreign courtwas, under the laws of

said foreign country, aprobate court withjurisdiction over the

proceedings4) The law on probateprocedure in said foreign

country and proof ofcompliance therewith

5) The legalrequirements in said

foreign country for thevalid execution of thewill.

Probate Court


in Metro Manila);


exceeds P300,000 or P400,000 if inMetro Manila)


not)Court of the province orcity where he resides at thetime of death)


he had his estate)

EXECUTOR

DEVISEE OR LEGATEE named inthe willPERSON INTERESTED in the

estate (someone who would be

benefited by the estate such as anheir, or one who has a claim against

the estate such as a creditor)

TESTATOR HIMSELF during his

lifetimeANY CREDITOR -

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RULE 78 (Letters Testamentary and of

Administration, When and To Whom Issued)

To better

safeguard theestate of thedecedent, the

payment of itsdebts and the

proper distributionof the remainingestate to thoseentitled to it, by

appointing acompetentexecutor or

administrator

Any COMPETENT

person may serve asexecutor or administrator

INCOMPETENTEXECUTORS OR

ADMINISTRATORS:1) minor2) non-resident3) One who in the

opinion of the court isunfit to exercise theduties of the trust by

reason of drunkenness,improvidence, want of

understanding orintegrity, conviction ofan offense involving

moral turpitude

4) The executor of an

executor cannotadminister the estate of

the first testator

Probate Court


in Metro Manila);




NON-RESIDENT


Executor

Nominated by the testator andappointed by the court.

AdministratorAppointed by the court in case the

testator did not appoint an executoror the executor refused appointment(administration with a will annexed)or if the will was disallowed or if

the person did not make a will(intestate succession).

see Order of Preference in

granting Letters of

Administration

RULE 79 (Opposing Issuance of LettersTestamentary, Petition and Contest for Letters ofAdministration)

To determine whois rightfullyentitled to

administration

1) Incompetence2) Preferential right ofthe heir under Section 6,

Rule 78

Probate Court





time of death)

NON-RESIDENT

(Court of the province whereinhe had his estate

Any person interested in the will(he must have a material and directinterest, not one that is only indirect

or contingent.

RULE 80 (Special Administrator) To safeguard the

estate of thedecedent pendingthe determination

of a competentperson to be

granted

administration ofthe estate.

1) Delay in granting of

letters by any causeincluding appeal in theprobate of the will

2) Executor is a claimantof the estate he

represents

Probate Court


in Metro Manila);





NON-RESIDENT

(Court of the province wherein

he had his estate

RULE 81 (Bonds of Executors and To ensure the Probate Court RESIDENT (whether citizen or

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Administrators) faithful

performance ofhis duties




not)Court of the province or


NON-RESIDENT

(Court of the province whereinhe had his estate

RULE 82 (Revocation of Administration, Death,Resignation, and Removal of Executors andAdministrators)

To protect theinterests of thedecedent and his

estate, as well ashis heirs byremoving those

who are unfit toadminister

To remove andEXECUTOR:1) Neglect to render

accounts (within 1 yearand when required by thecourt)

2) Neglect to settle estateaccording to these Rules3) Neglect to perform an

order or judgment of thecourt or a duty expressly

provided by these Rules

4) Insanity orincapability or

unsuitability to dischargethe trust.

To remove anADMINISTRATOR:1) Adverse interest of an

administrator to that ofthe state2) Physical inability and

consequent unsuitabilityto manage the estate3) False representation

by an administrator insecuring his appointment

Probate Court





time of death)

NON-RESIDENT


Rule 83 (Inventory and Appraisal Provision forSupport of Family)

To providefinancial support

to those who needit pending the

settlement of the

estate and thedelivery of the

shares to those

Financial need inkeeping with the means

of those entitled to giveit, and those who are to

rightfully receive it.

Probate Court


in Metro Manila);


exceeds P300,000 or P400,000 if in




he had his estate)

1) Legitimate Surviving Spouse2) Children of the decedent

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entitled to it Metro Manila)RULE 84 (General Provisions and Duties of

Executors and Administrators)

To serve as

guidelines forexecutors andadministrators

to follow

Probate Court


in Metro Manila);


exceeds P300,000 or P400,000 if inMetro Manila




he had his estate)

RULE 85 (Accountability and Compensation ofExecutors and Administrators)

To serve asguidelines forexecutors and

administrators tofollow

When accountable:1) If an executor oradministrator neglects or

unreasonably delays toraise money bycollecting the debts or

selling the real orpersonal estate of thedecedent

2) Neglects to pay overthe money he has in hishands

3) The value of the estateis lessened4) Unnecessary cost orinterest accrues

5) The persons interestedsuffer loss

Probate Court



(RTC if gross value of the estateexceeds P300,000 or P400,000 if inMetro Manila


time of death)

NON-RESIDENT


RULE 86 (Claims Against Estate) For the speedysettlement of theaffairs of the

deceased personand early deliveryof the property of

the estate into thehands of thepersons entitled to

receive it.

Actions that DONTSURVIVE:

1) money claims2) debts incurred by thedeceased during his

lifetime arising fromcontract3) claims for funeral

expenses or for the last

illness of the decedent4) judgment for money

against decedent

Probate Court



(RTC if gross value of the estateexceeds P300,000 or P400,000 if inMetro Manila


time of death)

NON-RESIDENT


CREDITORS

RULE 87 (Actions by and Against Executors) For the speedysettlement of theaffairs of the

Actions that SURVIVEthe death of thedecedent:

Probate Court



Creditor of the estate see requisites

for filing

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deceased person

and early deliveryof the property ofthe estate into the

hands of thepersons entitled to

receive it.

1) Recovery of real orpersonal property or anyinterest therein from the

estate2) Action to recover

damages for any injuryto person or property realor personal

not exceed P300,000, or P400,000 if

in Metro Manila);



time of death)


he had his estate)

Executor or Administrator in behalf

of the estate

RULE 88 (Payment of the Debts of the Estate) For the speedysettlement of the

affairs of thedeceased personand early delivery

of the property ofthe estate into thehands of the

persons entitled toreceive it.

Probate Court


(RTC if gross value of the estateexceeds P300,000 or P400,000 if in

Metro Manila



NON-RESIDENT(Court of the province whereinhe had his estate)

RULE 89 (Sales, Mortgages and otherEncumbrances of Property of Decedent)

To safeguard therights of the heirs,who are the

presumptiveowners of theproperty, andtherefore cannot

be deprived ofsuch propertyexcept in

accordance withlaw

Grounds for sale ofpersonalty:

1) To pay debts andexpenses ofadministration2) To pay legacies

3) To cover expenses forthe preservation of theestate

For realty:

1) personal estate is notsufficient to pay debts,expenses of

administration, andlegacies2) if the sale of personal

estate may injure thebusiness or other

interests of those

interested in theestate3) if the testator has not

made sufficient

Probate Court






time of death)


he had his estate)

Executors or administrators, uponapplication by them

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provision for payment of

such debts, expenses andlegacies

4) if the deceased duringhis lifetime held realproperty in trust foranother person

RULE 90 (Distribution and Partition of the

Estate)

To effect the

wishes of thedecedent anddistribute the

estate accordingly

After:

1) payment of debts2) funeral expenses

3) expenses foradministration

4) allowance of the

widow5) inheritance tax

Probate Court


in Metro Manila);





NON-RESIDENT

(Court of the province wherein

he had his estate)

EXECUTOR

ADMINISTRATORINTERESTED PERSON

RULE 91 (Escheat) The State, beingthe last intestateheir, and thesource of all

properties,acquires real orpersonal property

of a deceasedperson in thePhilippines, who

dies withoutleaving any willor legal heirs.

Grounds:

1) Person died intestate2) he left no heirs or

persons by law entitledto the same3) the deceased left

properties

Regional Trial Court RESIDENT (whether citizen ornot)Court of the province orcity where he resides at thetime of death)


he had his estate)

Solicitor General or hisrepresentative in behalf of thePhilippines

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GUARDIANSHIP OF INCOMPETENTS WHO ARE NOT MINORS (RULE 92 TO RULE 97)

GUARDIANSHIP OF MINORS (A.M. No. 03-02-05-SC)


RULE 92 (Venue) To safeguard the rights and

interests of incompetent persons

1) those suffering from penalty

of civil interdiction2) hospitalized lepers3) prodigals

4) deaf and dumb who are unableto read and write5) those of unsound mind

although they may have lucidintervals

6) persons not of unsound mind

but by reason of disease, weakmind and other similar causes,

cannot without outside aid takecare of themselves and managetheir property.

Regional Trial Court Residentplace of residence

Non-resident place whereproperty is located

1) any relative

2) friend3) Other person on behalf of theresident incompetent who has no

parents or lawful guardian4) The Director of Health infavor of an insane person who

should be hospitalized or infavor of an isolated leper.

RULE 93 (Appointment of

guardian)

To safeguard the rights and

interests of incompetent persons1) those suffering from penalty

of civil interdiction2) hospitalized lepers3) prodigals

4) deaf and dumb who are unableto read and write5) those of unsound mind

although they may have lucidintervals6) persons not of unsound mind

but by reason of disease, weakmind and other similar causes,cannot without outside aid take

care of themselves and managetheir property.



1) any relative

2) friend3) Other person on behalf of theresident incompetent who has no

parents or lawful guardian4) The Director of Health infavor of an insane person who

should be hospitalized or infavor of an isolated leper.

RULE 94 ( Bonds of Guardians) For the protection of the propertyof the incompetent to the endthat he may be assured of an

honest administration of his


Non-resident place where

property is located

Guardian

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funds

RULE 95 (Selling and

Encumbering Property of Ward)

1) When the income fo the estate

is insufficient to maintain theward and his family2) When it appears that it is for

the benefit of the ward



Guardian

RULE 96 (General Powers andDuties of Guardians)

To safeguard the rights of theward by providing limitationsand guidelines for the guardiansto follow



RULE 97 (Termination of

Guardianship)

To relinquish guardianship over

the ward and throw him back asa responsible member of societywho is able to manage his own

affairs

1) competency of the ward has

been judicially determined2) guardianship is no longernecessary

3) death of guardian4) death of ward

--------

5) insanity of guardian

6) incapability or unsuitability todischarge functions

7) wastage or mismanagement ofthe property of the ward8) failure to render an account ormake a return within 30 daysafter it was due



1) person who has been declared

incompetent2) guardian3) relative

4) friend

A.M. No. 03-02-05-SC To better protect the interests ofthe minor, taking into

consideration their tenderness ofage and mental vulnerability

1) Death, continued absence, orincapacity of his parents

2) Suspension, termination, ordeprivation of parental authority3) Remarriage of his surviving

parent, if the latter is found

unsuitable to exercise parentalauthority

4) When the best interests of theminor so require

Family Court (RTC) RESIDENTwhere he resides

NON-RESIDENT where hisproperty or any part thereof issituated

1) relative2) other person on behalf of an

minor3) minor himself if 14 years ofage or over

4) the Secretary of Health in case

of an insane minor who needs tobe hospitalized.

Trustees (Rule 98)

SP RULE PURPOSE GROUND JURISDICTION VENUE PERSONS WHO CAN FILE

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RULE 98 (Trustees) To carry into effect a will where

the testator omitted to appoint atrustee in the Philippines andother written instruments where

the trustee therein declines,resigns, dies or is removed

before accomplishment of thetrust

Regional Trial Court Court where will was allowed, if

it be allowed in the Philippines,otherwise by the Court of theprovince in which the property

or some portion thereof affectedby the trust is situated

Executor or Administrator or

person appointed as trustee in theinstrument

ADOPTION, DOMESTIC and INTERNATIONAL

ADOPTION PURPOSE GROUNDS JURISDICTION VENUE PERSONS WHO CAN FILE

DOMESTIC The promotion of the welfare ofthe child and the enhancement of

his opportunities for a useful andhappy life, and every intendmentis sustained to promote that

objective.

Family Court Residence of adoptive parents 1) FILIPINO CITIZEN:

a. of legal ageb. in possession of full civilcapacity and legal rights

c. good moral characterd. has not been convicted of any

crime involving moral turpitudee. emotionally andpsychologically capable ofcaring for childrenf. at least 16 years older than theadoptee

g. in a position to support andcare for his/her children inkeeping with the means of the

family

2) ALIEN:

a. all above qualificationsb. that his country has diplomatic

relations with the Philippines

c. he has been living in thePhilippines for at least 3

continuous years prior to thefiling of the application foradoption

d. maintains residence until the

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adoption decree is entered

e. certified to have legal capacityto adopt by his countryf. that his government allows the

adoptee to enter his country ashis adopted child

3) GUARDIAN with respect tothe ward after the termination ofthe guardianship and clearance

of his financial accountabilities

I NTER-COUNTRY The promotion of the welfare ofthe child and the enhancement ofhis opportunities for a useful and

happy life, and every intendmentis sustained to promote thatobjective.

Family Court Place where the child resides orhe may be found

1) Any alien or Filipino citizenpermanently residing abroadwho are at least 27 years of age

2) Other requirements same aswith RA 8552

PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS (RULE 101)

HABEAS CORPUS (RULE 102)WRIT OF AMPARO (A.M. NO. 07-9-12-SC)

WRIT OF HABEAS DATA (A.M. NO. 08-1-16-SC)

CHANGE OF NAME (RULE 103)

ABSENTEES (RULE 107)

CANCELLATION OR CORRECTION OF ENTRIES IN CIVIL REGISTRY (RULE 108)


RULE 101 (Proceedings forHospitalization of Insane

Persons)

To safeguard the interests of theinsane by placing them in a place

where they can be treated, evenagainst their will

1) Director of Health is of theopinion that the commitment of

the person alleged to be insane isfor public welfare or for thewelfare of said person

2) Such person or the one havingcharge of his is opposed to his

being taken to a hospital orasylum

Regional Trial Court Province where the personalleged to be insane is found

Director of Health with theassistance of city or provincial

fiscal

RULE 102 (Habeas Corpus) To fix the status of a person; to 1) There has been a deprivation Regional Trial Court, Court of RTC: 1) party whose relief it is

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inquire into the manner of

involuntary restraint asdistinguished from voluntary andretrieve a person therefrom if

such restraint is illegal

of a constitutional right resulting

in the restraint of a person2) The court had no jurisdictionto impose the sentence

3) An excessive penalty has beenimposed as such sentence is void

as to the excess4) Where the law is amended aswhen the penalty is lowered5) Denial of right to a speedy

trial6) Where the results of post-conviction DNA testing are

favorable to the accused

Appeals, Supreme Court

(concurrent jurisdiction)

Sandiganbayan, if in aid of its

appellate jurisdiction

Family Courts, exclusivejurisdiction to issue writs ofhabeas corpus involving custodyof minors

Special cases:MTC, when there is no available

RTC judge.

Where petitioner resides or

where he may be found

CA, SC, Sandiganbayan: NO

VENUE , anywhere it can befound, enforceable anywhere in

the Philippines

Family Court: where petitionerresides or where the minor may

be found

MTC:

Same venue with RTC

intended

2) Some other person on hisbehalf

WRIT OF AMPARO (A.M. NO.07-9-12-SC)

To protect life, liberty, andsecurity, and encompasses bothactual and threatened violation of

Human Rights

1) Life, liberty and security isviolated

2) Life, liberty and security isthreatened with violation by an

unlawful act or omission of a

public official or employee, or ofa private individual or entity.

Regional Trial Court, Court ofAppeals, Supreme Court,Sandiganbayan

RTC:

Where the threat, act or omission

was committed or any of itselements occurred

CA, SC, Sandiganbayan:NO VENUE; file where it may

be found, enforceable anywherein the Philippines

1) the aggrieved party or by anyqualified person or entity in thefollowing order:

a. any member of the immediate

family namely: the spouse,

children and parents of theaggrieved party

b. any ascendant, descendant, orcollateral relative of theaggrieved party within the fourth

civil degree of consanguinity oraffinity in default of thosementioned in the preceding

paragraphc. any concerned citizen,organization, association or

institution if there is no knownmember of the immediate familyor relative of the aggrieved party

WRIT OF HABEAS DATA

(A.M. No. 08-1-16-SC)To protect a persons right toprivacy in life, liberty or security

1) The right to privacy in life,

liberty or security is violated

2) The right to privacy in life,

liberty or security is threatenedby an unlawful act or omission

of a public official or employee,

or of a private individual orentity engaged in the gathering,

collecting or storing of data or

Regional Trial Court, Court of

Appeals, Sandiganbayan,Supreme Court

RTC:

Where the petitioner orrespondent resides, or that which

has jurisdiction over the placewhere the data or information is

gathered, collected or stored at

the option of the petitioner

CA, SB, SC:

1) Any aggrieved party may file

a petition for the writ of habeasdata. However, in cases ofextralegal killings and enforced

disappearances, the petition maybe filed by:

a. any member of the immediate

family of the aggrieved party;namely, the spouse, children and

parents

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information regarding the

person, family, home andcorrespondence of the aggrievedparty

Where the action concerns publicdata files of government offices.

b. any ascendant, descendant orcollateral relative of theaggrieved party within the fourth

civil degree of consanguinity oraffinity, in default of those

mentioned in the precedingparagraph.

RULE 103 (Change of Name) To correct a first name or lastname

1) Name is ridiculous, taintedwith dishonor or extremelydifficult to write or pronounce

2) Habitual and continuous useand has been known sincechildhood by a Filipino name,

unaware of her alien parentage3) A sincere desire to adopt aFilipino name to erase signs of

former alienage, all in good faithand without prejudicing anybody

4) Consequence of change of

status5) Necessity to avoid confusion

Regional Trial Court Province where the petitioner hasbeen residing for 3 years prior tothe filing of the petition

Person desiring his namechanged or some other person onhis behalf

RULE 107 (Absentees) To appoint an administrator overthe properties of the absentee.

1) A person disappears from hisdomicile and his whereabouts areunkown and without having leftan agent to administer his

property

2) The power of the agent has

expired

Regional Trial Court 1) Spouse present2) The heirs instituted in a will3) relatives who would succeedby law of intestacy

4) those who have over theproperty of the absentee someright subordinated to the

condition of his death.

RULE 108 (Cancellation or

Correction of Entries in the CivilRegistry

To correct a typographical error 1) To correct clerical or

innocuous errors

2) To correct substantial errors

when and in which caseappropriate adversarialproceedings are taken

Regional Trial Court Province where the

corresponding civil registrar islocated

Any person interested in any act,

event, order or decree concerningthe civil status of personsrecorded in the civil registry

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