venue and jurisdiction of special proceedings

1
VENUE AND JURISDICTION OF SPECIAL PROCEEDINGS SPECIAL PROCEEDING VENUE JURISDICTION 1. Settlement of the Estate Resident of the Decedent or if the decedent is a non- resident, place where he had an estate MTC if the gross value of the estate does not exceed P200,000, or P400,000 in Metro Manila RTC if the gross value of the estate exceeds the above amounts 2. Escheat a. Person dies intestate leaving no heir – Resident of the decedent or if non- resident, in the place where he had an estate. RTC b. Reversion – Where the land lies in whole or in part RTC c. Unclaimed Balance – Where the dormant deposits are located RTC 5. Appointment of Guardians Where the minor or incompetent resides Family Court (in case of Minors) RTC (Regular courts— in cases other than minors) 6. Appointment of Trustees Where the will was allowed or where the property or portion thereof affected by the trust is situated RTC 7. Adoption Where the adopter resides Family Court 8. Rescission of Adoption Where the adoptee resides Family Court 9. Habeas Corpus Where the detainee is detained (if the petition is filed with the RTC) SC, CA, RTC, MTC in the province or city in case there is no RTC judge 10. Change of Name Where petitioner resides RTC 11. Appointment of Representative of Absentee/Declaratio n of Absence Where the absentee resided before his disappearance RTC 12. Cancellation/ Correction of Entries in the Civil Registries Where the corresponding Civil Registry is located RTC

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1002005 Centralized Bar Operations

VENUE AND JURISDICTION OF SPECIAL PROCEEDINGSSPECIAL PROCEEDINGVENUEJURISDICTION

1. Settlement of the Estate

Resident of the Decedent or if the decedent is a non-resident, place where he had an estate

MTC if the gross value of the estate does not exceed P200,000, or P400,000 in Metro Manila

RTC if the gross value of the estate exceeds the above amounts

2. Escheat

a. Person dies intestate leaving no heir Resident of the decedent or if non-resident, in the place where he had an estate.

RTC

3. b. Reversion Where the land lies in whole or in partRTC

4. c. Unclaimed Balance Where the dormant deposits are locatedRTC

5. Appointment of Guardians

Where the minor or incompetent resides

Family Court (in case of Minors)RTC (Regular courtsin cases other than minors)

6. Appointment of Trustees

Where the will was allowed or where the property or portion thereof affected by the trust is situated

RTC

7. AdoptionWhere the adopter residesFamily Court

8. Rescission of AdoptionWhere the adoptee residesFamily Court

9. Habeas Corpus

Where the detainee is detained (if the petition is filed with the RTC)SC, CA, RTC, MTC in the province or city in case there is no RTC judge

10. Change of NameWhere petitioner residesRTC

11. Appointment of Representative of Absentee/Declaration of AbsenceWhere the absentee resided before his disappearance

RTC

12. Cancellation/Correction of Entries in the Civil RegistriesWhere the corresponding Civil Registry is locatedRTC

2005 Centralized Bar Operations Executive Committee and Subject ChairpersonsMaricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)