Special Proceedings Maliaman, Jacquelyn F.
Macutay, Michelle Christine M.
RULE 73
SETTLEMENT OF ESTATE OF DECEASED PERSONS
I. A special proceeding relative to the settlement of the estate of a deceased
person may be:
i. TESTATE – when the decedent left a will.
Probate is mandatory;
It takes precedence over intestate proceeding.
ii. INTESTATE – when decedent left no will.
The institution of intestate proceedings in another place may not proceed while the
probate of a purported will of the deceased is pending in another place.
II. When must the claims against the deceased person be filed?
Claims against the deceased person must be files during the settlement proceedings of
his/her estate as governed by Rules 73-90 of the Rules of Court (Heirs of the Late Sps.
Maglasang vs. Manila Banking Corp., GR 171206, 9/23/2013).
III. Which court has jurisdiction over the probate proceeding?
Under RA 9671 (Judiciary Reorganization Act of 1980), the court who shall exercise
jurisdiction over probate proceedings depends upon the value of the gross estate of the
decedent.
Within Metro Manila Outside Metro Manila
Municipal Trial Court (MTC )- If the value Municipal Trial Court (MTC, MCTC, MeTC)
of the estate does not exceed Php 400,000.00; - If the value of the estate does not exceed
Php 300,000.00;
Regional Trial Court (RTC) - If the value of Regional Trial Court (RTC) - If the value of
the estate does exceeds Php 400,000.00. the estate does exceeds Php 300,000.00.
IV. Where is the venue of the settlement of the estate proceeding?
If decedent is a resident; whether a If decedent is a non-resident of the
citizen or an alien: Philippines at the time of his death:
His place of residence at the time of his The municipality, city or province in
death which he has an estate.
Meaning of “residence” for the purpose of probate proceedings:
The personal, actual or physical habitation of a person, actual residence or place
of abode. It signifies physical presence in a place and actual stay thereat.
Residence simply requires bodily presence as an inhabitant in a given place,
while domicile requires bodily presence in that particular place and also an
intention to make one’s domicile.
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Special Proceedings Maliaman, Jacquelyn F.
Macutay, Michelle Christine M.
COMPARATIVE TABLE ON JURISDICTION AND VENUE IN SPECIAL PROCEEDINGS
Kind of Special Proceedings Jurisdiction and Venue
1. Settlement of Estate 1. RTC or MTC (depending on the gross
(Rule 73) value of the estate) of the province
where the deceased last resided.
2. In case the decedent is a non-resident of
the Philippines at the time of his death,
venue lies in any province in which he
had an estate.
2. Escheat (Rule 91) 1. RTC of the province where the deceased
last resided.
2. In case the decedent is non-resident of
the Philippines at the time of his death,
venue lies in any province in which he
had an estate.
3. Guardianship
1. Family Court of the province or city
a. Rule on Guardianship of where the minor actually resides.
Minors (A.M. No. 03-02-05-
SC) 2. If the minor resides in a foreign
country, in the Family Court of the
province or city where his property or
any part thereof is situated.
b. Guardianship over 1. RTC of the province or city where
Incompetent persons who incompetent person last resided.
are not minors under the
rules of Court (Rule 92-97) 2. If the incompetent person resides in a
foreign country, in the Family Court of
the province or city where his
property or any part hereof is
situated.
4. The Rules of Adoption
(A.M. No. 02-6-02-SC) 1. Family Court of province or city where
prospective adoptive parents reside.
a. If filed under the Domestic
Adoption Act (R.A. No. 8552) 2. If the petition is for Rescission of
Adoption of the Adoptee- Family Court
of the city or province where the
adoptee resides (Sec. 19)
1. Family Court having jurisdiction over
b. If filed under the Inter- the place where the child resides or
Country Adoption Act (R.A. may be found (filed by a foreign
No. 8043) national or Filipino citizen
permanently residing abroad.
2. It may be filed directly with the Inter-
Country Adoption Board.
5. Habeas Corpus
1. If filed with the RTC, where the
a. Habeas Corpus for Illegal person is detained. SC, CA, and RTC
Confinement or Detention have concurrent jurisdiction.
(Rule 102)
The writ of habeas corpus issued by
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Special Proceedings Maliaman, Jacquelyn F.
Macutay, Michelle Christine M.
the RTC shall be enforceable only
within its judicial region. (Sec. 21, BP
Blg. 129)
b. Habeas Corpus for Custody of 1. Family Courts have exclusive
Minors (A.M. No. 03-04-04 jurisdiction ((Family Courts Act of
SC) 1997 [RA No. 8309])
2. Under the Rule on Custody of Minors
and Writ of Habeas Corpus in relation
to Custody of Minors (A. M. No. 03-
04-04-SC), the petition may be filed
with SC, CA, or any of its members,
and if so granted, the writ shall be
enforceable anywhere I the
Philippines.
6. Amparo (A.M. No. 07-9-12-SC) SC, CA, and Sandigabayan , RTC
If with the RTC:
The place where the threat, act or omission
was committed or any of its elements
occurred. (Sec. 3)
7. Habeas Data (A.M. No. 08-1-16- SC, CA, and Sandiganbayan when the action
SC) concerns public data or files of government
offices
If with the RTC:
1. Where petitioner resides; or
2. Where respondent resides; or
3. That which has jurisdiction over the
place where data or information is
gathered, collected or stores, at the
option of petitioner. (Sec. 3)
8. Change of Name (Rule 103) RTC of the province where the petitioner
resides (Sec. 1)
9. Absentees (Rule 107) RTC of place where absentee resided before
his disappearance. (Sec. 1)
10. Cancellation or Correction of RTC of the province where the corresponding
Entries (Rule 108) Local Civil Registrar of the place is located.
(Sec. 1)
11. Thee Clerical Error Act (RA No. 1. Local Civil registry Office of the city or
9048) municipality where the record being
sought to be corrected or changed is
kept.
2. Local Civil Registrar of the place
where the interested party is
presently residing domiciled;
3. Philippine Consulates
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Special Proceedings Maliaman, Jacquelyn F.
Macutay, Michelle Christine M.
WRIT OF EXECUTION
General Rule: Probate court cannot issue writs of execution.
Ratio: Its orders usually refer to the adjudication of claims against the estate which the
executor/administrator may satisfy without the need of executory process.
Exceptions:
1. To satisfy the contributive share of the devisees, legatees and heirs when the latter had
entered prior possession over the estate. (Sec. 6, Rule 88);
2. To enforce payment of the expenses of partition (Sec. 3, Rule 90);
3. To satisfy the costs when a person is cited or examination in probate proceedings (Sec.
13, Rule 142)
Note: Under the Rule of inclusion est exclusio alterius, these should be the only
instances when the probate court can issue writ of execution.
RULE ON VENUE (Rule 73, Sec. 1)
1. Inhabitant (Resident) of the Philippines (whether citizen or alien)
- Regional Trial Court of the province/city where he resides at the time of death.
2. Inhabitant (Resident) of Foreign Country – Regional Trial Court of any province wherein
he had his estate
Note: EXCLUSIONARY RULE:
General Rule: The court first taking cognizance of the settlement of the estate of
the decedent shall exercise jurisdiction to the exclusion of all other courts.
WHERE THE ESTATE SETTLED UPON DISSOLUTION OF MARRIAGE (Sec. 2)
o Upon the death of either the husband or the wife, the partnership affairs must be
liquidated in the testate or intestate proceedings of the deceased husband or wife.
o If both have died, liquidation may be made in the testate or intestate proceedings of
either.
JURISDICTION:
it depends upon the gross value of the estate of the decedent:
1. In Metro Manila – MTC: gross value of the estate does not exceed Php400,000.00,
otherwise, RTC;
2. Outside Metro Manila – MTC: gross value does not exceed Php300,000.00, otherwise,
RTC.
PRESUMPTION OF DEATH (Sec 4, Rule 73)
Note: Some of the Civil Code provisions are the following:
Art. 390. After an absence of seven years, it being unknown whether or not the
absentee still lives, he shall be presumed dead for all purposes, except for those of
succession.
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Special Proceedings Maliaman, Jacquelyn F.
Macutay, Michelle Christine M.
The absentee shall not be presumed dead for the purpose of opening his succession till
after an absence of ten years. If he disappeared after the age of seventy-five years, an
absence of five years shall be sufficient in order that his succession may be opened. (n)
Art. 391. The following shall be presumed dead for all purposes, including the division of
the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is
missing, who has not been heard of for four years since the loss of the vessel or
aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for
four years;
(3) A person who has been in danger of death under other circumstances and his
existence has not been known for four years. (n)
Art. 392. If the absentee appears, or without appearing his existence is proved, he shall
recover his property in the condition in which it may be found, and the price of any
property that may have been alienated or the property acquired therewith; but he
cannot claim either fruits or rents.
o There is no need for an independent action for Declaration of Presumptive Death for
purposes of Succession.
The returning absentee’s recovery of his estate is subject to the following conditions:
1. All his debts must have been paid;
2. He shall recover his property in the condition in which it may be found together with the
price of any property that may have been alienated or the property acquired therewith;
3. He is not entitled to the fruits or rents. (Art. 392, Civil Code)
Note: A petition for Declaration of Presumptive Death is a summary proceeding for purposes of
remarriage of the present spouse. However, it is in nature of special proceeding because it is an
application that seeks to establish a status or a particular fact.
PARTITION
Partition is inappropriate in a situation where there remains an issue as to the expenses
chargeable to the estate. In estate settlement proceedings, there is a proper procedure for the
accounting of all expenses for which the estate must answer. If there is any consolation at all to
petitioner, the heirs or distributes of the properties may take possession thereof even before
the settlement of accounts, as long as they first file a bond conditioned on the payment of the
estate’s obligations.
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