SPECPRO MIDTERMS other courts.

(Testate proceedings are preferred compare to intestate

proceedings)
GENERAL CONCEPTS
Cognizance is to take action.
Special Proceeding - a Remedy by which a party seeks to establish a
Status, Right, or a Particular fact. Publication Requirement:
Nature - In land title proceedings, publication is important to acquire jurisdiction
GR: Non-adversarial when initiated and to bind the whole world In settlement proceedings, publication is
XPN: When there are opppositors meant of the protection of creditors. The Publication is before execution
and it does to not bind upon the whole world.
Subject matter of special proceedings. — Rules of special proceedings are
provided for in the following cases: SUMMARY SETTLEMENT OF ESTATE
(a) Settlement of estate of deceased persons;
(b) Escheat; Requisites for extra Judicial Settlement:
(c) Guardianship and custody of children; 1. No will
(d) Trustees; 2. No debts left
(e) Adoption; 3. Heirs are all of legal age, if not, represented by guardians
(f) Rescission and revocation of adoption; 4. Made in a public Instrument
(g) Hospitalization of insane persons; 5. Publication
(h) Habeas corpus; 6. Filling of a bond
(i) Change of name;
(j) Voluntary dissolution of corporations; Summary settlement of Estates of small value
(k) Judicial approval of voluntary recognition of minor natural children; Requisites:
(l) Constitution of family home;  Gross value of the estate does not exceed P10,000
(m) Declaration of absence and death;  Bond is filed
(n) Cancellation of correction of entries in the civil registry.  Proper Hearing is held

Applicability of Rules in Civil actions - In the absence of special provisions, Remedies of aggrieved part after extra judicial or summary
the rules provided for in ordinary actions shall be, as far as practicable, settlement of estate:
applicable in special proceedings.  If heir/ interested person was able to participate - assail validity
within 2 years
SETTLEMENT OF ESTATE OF DECEASED PERSONS  If heir/ interested person was not able to participate - file an action
for reconveyance within 10 years
Jurisdiction
MTC - gross value of estate does not exceed 300k or 400k (MM) PRODUCTION OF A WILL
RTC - gross value of estate exceeds 300k or 400k (MM)
Probate - Judicial act whereby an instrument is adjudged valid and is
Venue ordered to be recorded. Look into the extrinsic validity only.
Philippines Resident - Decedent’s place of residence
Non-resident - place where the properties are located Nature of a probate proceedings - Proceeding in rem because it binds the
whole world.
Residence - refers to actual or physical residence
GR: Only look into the extrinsic validity.
First to File Rule - The court first taking cognisance of the settlement of XPN: looks in to the intrinsic valid when a will is void on face value
the estate of a decedent shall exercise jurisdiction to the exclusion of all

1
Audience of One
Custodian - Person who receives a will with knowledge, or under such • The will has been admitted to probate in such country
circumstances that he ought to have known that he was receipt custody of • The fact that the foreign tribunal is a probate court
a will. Entrusted with the custody of a will. (duty to deliver in court within • Laws of a foreign country on procedure and allowance of wills
20 days from the knowledge of death)
Requisites for Reprobate
ALLOWANCE OR DISALLOWANCE OF WILL • Testator domiciled in a foreign country
• Will has been admitted to probate in such country
Who may petition for the allowance of will. — • Foreign court is, under the laws of the said foreign country, a
 Any executor, devisee, or legatee named in a will, or probate court with jurisdiction over the proceedings
 any other person interested in the estate, may, at any time after • Proof of compliance with the law on probate procedure in said
the death of the testator, petition the court having jurisdiction to foreign country
have the will allowed, whether the same be in his possession or • Thee legal requirements in said foreign country for the valid
not, or is lost or destroyed. execution of the will have been complied with
 The testator himself may, during his lifetime, petition the court for • Filing a petition in the Philippines with copy of the will and of its
the allowance of his will. decree of allowance
• Notice and hearing
How Probate Court Acquires Jurisdiction
1. Attachment of a copy of the will to the petition LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND TO
2. Delivery of the will to the court WHOM ISSUED

Executor - Person nominated by a testator in his will to carry out his

Required Testimony: direction and request thereof and to dispose of the property according to
 Uncontested: 1 witness for notarial will and holographic will his testamentary provisions after his death
 Testator himself probated: No need witness
 Constested: Notarial will - all witness and notary public must be a Administrator - Person appointed by the court of probate to administer
witness; Holographic Will - atlesat 3 witness (in absence of and settle intestate estates and such testate estates where— No executor
competent witness, expert witness is allowed) is named, Executors named are incompetent o Refuses the trust, Fails to
give a bond.
Main Categories of Grounds for Disallowance
 Non-Compliance to Legal Formalities Requirements for Executor/ Administrator
 Lack of Testamentary Capacity • At least 18 years old
• Resident of the Philippines
 Will was not duly executed
• Court deems person as fit
Certificate of Allowance after the will is admitted to probate:
Order of Preference in Appointment:
 Judge will issue a Certificate of Allowance
1. Surviving Spouse
 Clerk must record and file the Certificate of Allowance 2. Next of Kin
 Will must be recorded in the Register of Deeds where property is 3. Persons requested by the Surviving spouse or next of kin
located. 4. Principal creditors
5. Other persons selected by the court
ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND
ADMINISTRATION OF ESTATE THEREUNDER SPECIAL ADMINISTRATOR
Requisite Evidence for Reprobate Special Administrator: Appointed only when there is delay in
• Due execution of the will in accordance with the foreign laws granting letters testamentary or administration occasioned by any cause.
• Testator has his domicile in the foreign country and not in the He is an officer of the court who is subject to its supervision and control,
Philippines expected to work for the best interest of the entire estate.

2
Audience of One
 SECTION 2. Time within which claims shall be filed. — In the notice
BOND OF EXECUTORS AND ADMINISTRATORS provided in the preceding section, the court shall state the time for the
filing of claims against the estate, which shall not be more than twelve (12)
Conditions Subject of the Bond: nor less than six (6) months after the date of the first publication of the
 Submission of a true and complete inventory of the decedent’s notice. However, at any time before an order of distribution is entered, on
properties application of a creditor who has failed to file his claim within the time
 Render a true and just account of his administration within 1 year previously limited, the court may, for cause shown and on such terms as
 Perform all orders of the court by him to be performed are equitable, allow such claim to be filed within a time not exceeding one
(1) month.
REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION AND
REMOVAL OF EXECUTORS OR ADMINISTRATORS
Statute of Non-Claims - period fixed by the court, which is not more than
Instances when there is Revocation of Letters of Administration 12 months but not less than 6 months, within which claim may be filed. It
• Decedent’s will is discovered and admitted to probate prevails over the statute of limitation. It effectively shortens it.
• Letters of Administration are illegally issued or issued without jurisdiction
Grounds for Removal/Resignation Exception to Statute of Non-claims:
 Neglect to render his account and settle the estate Creditor may apply with the court for a new period not exceeding 1 month
 Neglect to perform an order or judgment of the court or a duty from the order for just cause
expressly provided by the rules Creditor may set up the claim as counterclaim in an action filed by the
 Absconds executor/administrator against him.
 Becomes insane, or otherwise incapable or unsuitable to discharge
SECTION 5. Claims which must be filed under the notice. If not filed,
the trust
barred; exceptions. — All claims for money against the decedent, arising
from contract, express or implied, whether the same be due, not due, or
INVENTORY AND APPRAISAL, PROVISION FOR SUPPORT OF FAMILY
contingent, all claims for funeral expenses and expenses for the last
sickness of the decedent, and judgment for money against the decedent,
When three (3) months after his appointment every executor or
must be filed within the time limited in the notice; otherwise they are
administrator shall return to the court a true inventory and appraisal of all
barred forever, except that they may be set forth as counterclaims in any
the real and personal estate of the deceased which has come into his
action that the executor or administrator may bring against the claimants.
possession or knowledge.
Where an executor or administrator commences an action, or prosecutes
an action already commenced by the deceased in his lifetime, the debtor
Widow and minor/incapacitated children are entitled to receive an
may set forth by answer the claims he has against the decedent, instead of
allowance while the estate is being settled
presenting them independently to the court as herein provided, and
mutual claims may be set off against each other in such action; and if final
ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND
judgment is rendered in favor of the defendant, the amount so determined
ADMINISTRATORS
shall be considered the true balance against the estate, as though the
claim had been presented directly before the court in the administration
Additional Compensation may be given:
proceedings. Claims not yet due, or contingent, may be approved at their
 If estate large
present value.
 attended with great difficulty
 high degree of capacity was demonstrated Claim that must be filed within the period stated in the notice:
 Money Claims against the Decedent arising from the contract,
express or implied, whether due, not due contingent
 Funeral expenses and expenses for last sickness
CLAIMS AGAINST ESTATE
 Judgment for money against decedent

3
Audience of One
Note: Not all claims that survive the death are to be brought Writ of Execution
against the estate (only those based on contracts), for obligations General Rule: Probate court can’t issue a writ of execution
arising from law, quasi-contract and quasi- delict these may be Exception:
brought as a separate civil action enforced against the executor or 1. Satisfy the contributive shares of the devisees/legatees/ heirs
administrator when the latter had entered prior possession over the estate
2. Enforce payment of the expenses of partition
3 Options of a Secured Creditor 3. Satisfy the costs when a person is cited for examination in probate
 Abandon the security and prosecute claim against the estate in the proceedings
general distribution
 Foreclose his mortgage and if there is deficiency file a claim ESCHEATS
against the estate
 Rely solely on his mortgage and foreclose, but can’t claim any Escheat - Proceeding where the state, by virtue of its sovereignty, steps in
deficiency from the estate. and claims the real or personal property of a person who dies intestate
leaving no heir.
ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS
3 Kinds of Escheat
Actions that may be Commenced Against Executor/Administrator 1. Person dies intestate leaves Real properties within the Philippines
 Recovery of real or personal property or an interest therein and has No Heir
2. Petition for reversion of property alienated in violation of the
 Enforcement of a lien on real or personal property
Constitution or
 Recovery of damages for an injury to person or property (real or
3. statuteUnclaimed balances in banks
personal)
Requisites to File Escheat Proceedings:
Double Value Rule - Person who embezzles or alienated money or
 Person dies intestate
property of the deceased shall be liable to the double the value of the
property sold, embezzled or alienated.  Decedent left no heirs or person entitled by law to the same
 Decedent left properties
PAYMENT OF THE DEBTS OF THE ESTATE

Condition Precedent to Payment of Money Claims against the

Estate
Requisites:
 Hearing is conducted
 Amounts of each claim ascertained
 Sufficiency of the assets to pay the debt Every good gift and every
Order
1.
2.
of Preference in the Payment of Debts
Properties designated in the will
Personal Properties
perfect gift is from above,
3. Real Properties

DISTRIBUTION AND PARTION OF THE ESTATE

and comes down from the
Requisites for Distribution: Father of lights, with whom
 Liquidation
 Declaration of heirs

4
Audience of One
 there is no variation or
shadow of turning.
James 1:17

5
Audience of One