SPECIAL PROCEEDINGS

Notes
SPECIAL PROCEEDINGS (In case of Testate)
Rule 75

Special Proceeding – a remedy by which a party Allowance or Disallowance
seeks to establish a status, a right or a Particular fact. of Will
(In case of Testate)
Nature: Generally Special Proceedings are non- Rule 76
adversarial in nature because there is no definite 
adverse party in such proceedings. It may remain
Issuance of Letters if
non-adversarial until the case is concluded or it may
Testamentary or Letters of
also happen that it is transformed into an adversarial
Administration
proceeding such as when there is an oppositors to
Rule 78
the petition.

Rule 72 Filing of Claims against the
Estate
Subject Matter and Applicability of General
Rules Rule 86

Payment of Debts of the
Section 1. Subject Matter of Special Proceedings Estate
Rules of special proceedings are provided for in the Rule 88 and 89
following cases: 
(a) Settlement of estate of deceased persons (Rule Partition and Distribution of
73-90); estate
(b) Escheat (Rule 91); Rule 90
(c) Guardianship and custody of children (Rule 92 
- 97); Closure
(d) Trustees (Rule 98);
(e) Adoption (Rule 99); Modes of Settlement of Estate of a Deceased
(f) Rescission and revocation of adoption (Rule person
100); 1. Partition (Rule 69)
(g) Hospitalization of insane persons (Rule 101); 2. Extrajudicial Settlement of Estate
(h) Habeas corpus (Rule 102); 3. Summary Settlement of Estate of Small Value
(i) Change of name (Rule 103); 4. Probate of Will
(j) Voluntary dissolution of corporations (Rule 5. Petition for Letters Testamentary
104); 6. Petition for Letters of Administration
(k) Judicial approval of voluntary recognition of
minor natural children (Rule 105); 2 Kinds of Settlement
(l) Constitution of family home (Rule 106); 1. Extrajudicial Settlement – a proceeding where
(m) Declaration of absence and death (Rule the deceased had left no will and no debts and the
107); heirs may adjudicate the estate among themselves
(n) Cancellation of correction of entries in the civil without seeking letters of administration.
registry (Rule 108). 2. Judicial Settlement – testate or intestate
proceeding instituted in the country where
The list under Rule 72 is not exclusive. Any petition decedent had his residence at the time of his
which has for its main purpose the establishment of death or where he had estate if a non-resident.
a status, right or a particular fact may be included in a. Summary settlement of estate (if value of
special proceeding. estate is below 10K)
b. Regular settlement of estate.
A. SETTLEMENT OF ESTATE
Flowchart: Settlement of Estate of Deceased Person Judicial settlement of a decedent’s estate is a
Death proceeding in rem.

Production of Will Rule 73
 SPECIAL PROCEEDINGS
Notes
Venue and Process place and domicile in another.

Section 1. Where estate of deceased persons settled. Remedies for impropriety of Venue
1. Appeal from the court, in the original case;
Venue 2. When the want of jurisdiction appears on the
1. Inhabitant of the Philippines (Citizen or not) at record.
the time of death – Court of the Province/City
where the deceased resides at the time of death. Jurisdiction
2. Inhabitant of a Foreign Country – Court of the It depends upon the gross value of the estate of the
Province/City where he had his estate. decedent:
1. In MM – MTC, gross value does not exceed
The question of residence is determinative only of 400K; RTC, gross value exceeds 400K.
the venue and does not affect the jurisdiction of the 2. Outside MM - MTC, gross value does not exceed
court. However, where the proceeding was 300K; RTC, gross value exceeds 300K.
commences with a court of improper venue, as
where the decedent was neither a resident at the time Jurisdiction over Subject Matter is determined by
of his death or had estate in therein and such material allegations in the petition. Hence, it is not
objection was seasonably raised in the probate court, the actual gross value of the estate but the alleged
the petition should be instituted in the proper court. gross value of the estate is the basis of jurisdiction.

San Luis vs. San Luis [514 SCRA 294] When probate court acquires Jurisdiction, from the
Some cases make a distinction between the terms moment the petition for the settlement of estate is
“residence” and “domicile” but as generally used in filed with the said court. It cannot be divested of
statutes fixing venue, the terms are synonymous, and such jurisdiction by the subsequent acts of the
convey the same meaning as the term “inhabitant.” parties
In other words, “resides” should be viewed or
understood in its popular sense, meaning, the Rule of Preferential Jurisdiction
personal, actual or physical habitation of a General Rule: The court first taking cognizance of
person, actual residence or place of abode. It the settlement of estate of the decedent shall exercise
signifies physical presence in a place and actual stay jurisdiction to the exclusion of all other courts.
thereat. In this popular sense, the term means merely Exception: Estoppel by Laches
residence, that is, personal residence, not legal
residence or domicile. Residence simply requires Extent of Jurisdiction
bodily presence as an inhabitant in a given place, Probate courts are courts of limited jurisdiction. It
while domicile requires bodily presence in that place may only determine and rule upon issues relating to
and also an intention to make it one’s domicile. No a settlement of estate, namely:
particular length of time of residence is required 1. Liquidation of estate
though; however, the residence must be more than 2. Administration of estate
temporary.” 3. Distribution of the estate
There is a distinction between “residence” for
purposes of election laws and “residence” for Section 2. Where estate settled upon dissolution of
purposes of fixing the venue of actions. In election marriage.
cases, “residence” and “domicile” are treated as When the marriage is dissolved by the death of the
synonymous terms, that is, the fixed permanent husband or wife, the community property shall be
residence to which when absent, one has the inventoried, administered, and liquidated, and the
intention of returning. However, for purposes of debts thereof paid, in the testate or intestate
fixing venue under the Rules of Court, the proceedings of the deceased spouse.
“residence” of a person is his personal, actual or
physical habitation, or actual residence or place If both spouses have died, the conjugal partnership
of abode, which may not necessarily be his legal shall be liquidated in the testate or intestate
residence or domicile provided he resides therein proceedings of either.
with continuity and consistency. Hence, it is
possible that a person may have his residence in one
 SPECIAL PROCEEDINGS
Notes
Only the probate court can competently rule on dead for all purposes, including the
whether the properties are conjugal and form part of division of the estate among the heirs:
the estate. (1) A person on board a vessel lost
during a sea voyage, or an airplane
Section 3. Process. which is missing, who has not been
Courts of First Instance may issue warrants and heard of for four years since the loss of
process necessary to compel the attendance of the vessel or airplane;
witnesses or to carry into effect theirs orders and (2) A person in the armed forces who
judgments, and all other powers granted them by has taken part in war, and has been
law. missing for four years;
(3) A person who has been in danger of
If a person does not perform an order or judgment death under other circumstances and his
rendered by a court in the exercise of its probate existence has not been known for four
jurisdiction, it may issue a warrant for the years.
apprehension and imprisonment of such person until
he performs such order or judgment, or is released. In case of reappearance, the recovery of his estate
is subject to the following conditions:
Generally, probate courts cannot issue writs of 1. All his debts must be paid
executions since its orders usually refer to the 2. He shall recover his property in the condition
adjudication of claims against the estate which the which it may be found together with the price of
executor/administrator may satisfy without the need any property that may have been alienated or the
of executory process. property acquired therewith; and
3. He is not entitled to the fruits or rent.
4 instances wherein a probate court may issue a
writ of execution: Rule 74
1. Partition expenses Summary Settlement of Estate
2. Examination costs
3. Contributive shares Summary Settlement of Estate – a judicial
4. Surety’s liability on bonds. proceeding wherein without the appointment of an
executor or administrator (ExecAd) and without
Section 4. Presumption of death. delay, the competent court summarily proceeds to
For purposes of settlement of his estate, a person value the estate of the decedent; ascertain his debts
shall be presumed dead if absent and unheard from and other payments; allow his will if any; declare his
for the periods fixed in the Civil Code. But if such heirs, devisees and legatees; and distribute his net
person proves to be alive, he shall be entitled to the estate among his known heirs, devisees and legatees
balance of his estate after payment of all his debts. who shall thereupon be entitled to receive and enter
The balance may be recovered by motion in the into the possession of the parts of the estate so to
same proceeding. awarded to them respectively.

Art. 390. After an absence of seven years, General Rule: Settlement of the estate of the
it being unknown whether or not the decedent should be judicially administered through
absentee still lives, he shall be presumed an ExecAd.
dead for all purposes, except for those of Exceptions: (an ExecAd need not be appointed)
succession. 1. Extrajudicial settlement of estate (Rule 74, Sec 1)
The absentee shall not be presumed 2. Summary Settlement of estates of small value
dead for the purpose of opening his (Rule 74, Sec 2)
succession till after an absence of ten
years. If he disappeared after the age of Section 1. Extrajudicial settlement by agreement
seventy-five years, an absence of five between heirs.
years shall be sufficient in order that his Procedure in Extrajudicial Settlement by Agreement
succession may be opened. between/among Heirs.
Division of estate in a public
Art. 391. The following shall be presumed instrument or affidavit of adjudication.
 SPECIAL PROCEEDINGS
Notes
 Remedy of Heir in Case of Disagreement in the
The public instrument or affidavit of Settlement of the Estate: File a Special Civil
adjudication must be filed with the Action for Partition. (Rule 69, Sec 1)
proper Registry of Deeds.
Public Instrument not necessary for the validity of
Simultaneously, a bond equivalent to an extrajudicial settlement. A private
the value of personal property shall be instrument/document or oral agreement of partition
filed with the proper Registry of Deeds as well as compromised agreement entered without
 previous authority of the court is valid among the
Publication of notice of the fact of heirs who participated in the extrajudicial settlement.
extrajudicial settlement once a week However, public instrument is now necessary for the
for 3 consecutive weeks in a registration of the extrajudicial settlement. If the
newspaper of general circulation. settlement is in private instrument, it is believed that
the same is still valid and reformation of the
Requisites of Extrajudicial Settlement: instrument may be compelled.
[Link]
1. The decedent left: Person who had no knowledge or had not
a. No will; and participated in the extrajudicial settlement not
b. No debts, or if there are any, these debts have bound; a person who do not participate or had no
been paid by the heirs at the time the actual notice of an extrajudicial settlement will not
extrajudicial settlement is entered into; be bound thereby. It contemplates a notice that has
2. The heirs are all of age or the minors are been sent out or issued before any deed of settlement
represented by their judicial or legal or partition is agreed upon, and not after such
representatives duly authorized for the purpose. agreement has already been executed.
[Link]
1. Division of estate must be in a public instrument Purpose of Publication of the Settlement: The
or by means of an affidavit of self-adjudication requirement of publication is geared for the
in the case of sole heir. protection of creditors and was never intended to
2. Filed with proper Registry of Deeds; deprive heirs of their lawful participation in the
3. Filing of the Bond from each or a joint bond estate.
from all; and
4. Publication of the extrajudicial settlement and Disputable presumption that decedent left no debts.
such other notice to interested persons as the It shall be presumed that the decedent left no debts if
court may direct, in a newspaper or general no creditor files a petition of letters of administration
circulation in the province once a week for 3 within 2 yrs after the death of the decedent.
consecutive weeks.
Section 2. Summary settlement of estate of small
The amount of the bond shall be equivalent to the value.
value of the personal property involved, which
shall be certified to under oath by the parties Summary Settlement
concerned. It shall be conditioned upon the payment In accordance with BP 129, the summary settlement
of any just claim that may be filed under section 4, of estates of small value is within the jurisdiction of
Rule 74. If it is real property, no bond is needed MTCs.
but a lien is constituted on the property.
Summary settlement may be chosen by the heirs
Affidavit of Self-Adjudication – an affidavit regardless of whether the decedent died intestate or
required by Sec. 1 of Rule 74 to be executed by sole testate.
heir of a deceased person in adjudicating to himself
the entire estate left by the decedent filed in the Requisites:
Office of the Registry of Deeds. [Link]
The complaint must allege that the gross value of
the estate of the deceased does not exceed 10K.
[Link]
 SPECIAL PROCEEDINGS
Notes
1. Petition of an interested person must contain their legal guardians or trustees, may
allegation of gross value of the estate perceive and enter into possession of
2. Date of hearing the portion of the estate awarded to
a. Shall be set by the court not less than 1 month them.
nor more than 3 months from date of last
publication of notice; and EXTRAJUDICIAL SUMMARY
b. Order of hearing published , once a week for 3 SETTLEMENT SETTLEMENT
consecutive weeks in a newspaper of general (Section1) (Section 2)
circulation. As to necessity of court intervention
3. Notice shall be served upon such interested No court intervention Judicial adjudication,
persons as the court may direct; and required although in a summary
4. Bond in an amount fixed by the court proceeding
conditioned upon payment of just claims under As to the value of the estate
sec 4. Immaterial GV of the estate must
not exceed 10K
Procedure in Summary Settlement of Estates of As to scope
Small Value Allowed only in Allowed in both
Petition for summary settlement with intestate succession intestate and testate
an allegation that the GV of the estate succession
does not exceed 10K As to applicability vis-a-vis the existence of debts
 There must be no debts Available even if there
A bond in the amount fixed by the of the estate at the time are debts; it is the court
court is filed of settlement which will make
 provision for its
Publication of petition, once a week payment.
for 3 consecutive weeks in a As to who may institute
newspaper of general circulation in the Resorted at the May be instituted by
province (and such other notice to inheritance of and by any interested party
interested persons as the court may agreement of all heirs. even by a creditor of
direct) the estate without the
 consent of all heirs.
Hearing on the petition must be held As to the amount of bond
not less than 1 month nor more than 3 Equal to the value of To be determined by
months from the date of the last the personal property the court
publication of the notice. As to where bond filed
 With the Register of With the court.
Court may proceed summarily and Deeds
even without appointment of an
ExecAd, the court may also: Section 3. Bond to be filed by distributees.
 Admit the will for probate, if any; The court, before allowing a partition in accordance
 Determine the heirs and the person with the provisions of the preceding section, my
legally entitled to participate in the require the distributees, if property other than real is
estate; to be distributed, to file a bond in an amount to be
 Order the payment of debts, if any; fixed by court, conditioned for the payment of any
 Court makes order respecting the just claim which may be filed under the next
cost of proceedings; succeeding section.
 Judgment shall be recorded in the
office of the clerk of court. If the A bond is required only when personal property is
order involves real estate, register in involved, as the real estate is subject to a lien in
the proper registrar’s office. favor of the creditors, heirs, or other persons for the
 full period of 2 yrs from such distribution and such
Heirs, in their own right, who are of lien cannot be substituted by a bond.
lawful age and legal capacity, or by
 SPECIAL PROCEEDINGS
Notes
The amount of bond required under a summary
settlement is determined by the court unlike un an Rule 90
extrajudicial settlement where the amount is equal to
the value of the personal property as established by
the instrument of adjudication.
B. ESCHEATS
Section 4. Liability of distributees and estate.
Section 5. Period for claim of minor or incapacitated Rule 91
person. Escheats

Rule 75 Filing of Petition

Production of Will. Allowance of Will Necessary Sec. 1

Section 1. Allowance necessary. Conclusive as to Issuance of Order for hearing
execution. Sec. 2
Section 2. Custodian of will to deliver. 
Section 3. Executor to present will and accept or
Publication of Order
refuse trust.
Sec. 2
Section 4. Custodian and executor subject to fine for

neglect.
Section 5. Person retaining will may be committed. Hearing and Judgment
Sec. 3

Rule 76 Payment of just debts and
charges
Rule 77 Sec. 3

Rule 77 If the court finds that the escheat
is proper, it shall issue an Order
Rule 78 assigning the personal estate to
the municipality or city where the
deceased last resided in the
Rule 79
Philippines and the real estate to
the municipality or city in which
Rule 80
the same is situated.
Sec. 3
Rule 81

Filing of claim of a devisee,
Rule 82
legatee, heir, widow, widower or
other person entitled to the estate
Rule 83 within 5 years from the date of
judgment.
Rule 84
A claim not filed within the said
Rule 85 period is forever barred.
Sec. 4
Rule 86
Section 1. When and by whom petition filed.
Rule 87 Escheat – is the falling of a decedent’s estate into
the general property of the State on his death
Rule 88 intestate without lawful heirs, and is applied
indifferently to all his rights to property of whatever
Rule 89 nature.
 SPECIAL PROCEEDINGS
Notes
- is the proceeding, unlike that of succession or leaving no heir or person by law entitled to the same,
assignment, whereby the state, by virtue of the Solicitor General or his representative in behalf
sovereignty, steps in and claims the real and of the Republic of the Philippines, may file a petition
personal property of a person who dies intestate in the Court of First Instance of the province where
leaving no heir. the deceased last resided or in which he had estate, if
he resided out of the Philippines, setting forth the
Nature: a special proceeding that should be facts, and praying that the estate of the deceased be
commenced not by complaint but by petition. It is a declared escheated.
substantial right of the state and is not a claim based
on charity, gratuity or unearned benefit. Alvarico vs. Sola [383 SCRA 323]
A private individual may not bring an action for
Basis: Article 1011 of the Civil Code, In default of reversion or any action which would have the effect
persons entitled to succeed in accordance with the of canceling a free patent and the corresponding
provisions of the preceding Sections, the State shall certificate of title issued on the basis thereof, such
inherit the whole estate. that the land covered thereby will again form part of
the public domain. Only the Solicitor General or the
3 Instances of Escheats officer acting in his stead may do so. Since Amelita
1. When a person dies intestate leaving no heir but Sola’s title originated from a grant by the
leaving property in the Philippines government, its cancellation is a matter between the
grantor and the grantee. Clearly then, petitioner has
2. Reversion Proceedings – property alienated in no standing at all to question the validity of
violation of the Constitution or the law. Amelita’s title. It follows that he cannot “recover”
Action for Reversion - is an action brought by the property because, to begin with, he has not
the Republic to recover properties alienated in shown that he is the rightful owner thereof.
violation of the Constitution or the public laws
shall also be reverted to the State. It shall be Requisites:
governed by Rule 91. However, the action must 1. That the person died intestate;
be instituted in the province where the land lies in 2. That he left no heirs or persons by law entitled to
whole or in part. the same; and
3. The deceased left properties.
The constitutional proscription on alien
ownership of lands of public or private domain Escheat Proceedings cannot be converted to
was intended to protect lands from falling in the Settlement of Estate. Once the court acquires
hands of non-Filipinos. However, there would be jurisdiction to hear the petition for escheat by virtue
no more public policy violated when the land is of the publication of the petition for escheat, this
in the hands of Filipinos qualified to acquire and jurisdiction cannot be converted into one for the
own such land. If it is invalidly transferred to an distribution of the property of the decedent. For such
alien who subsequently becomes a citizen, the proceeding to be instituted, the proper parties must
flaw in the original transaction is considered be presented and the proceedings should comply
cured and the title of the transferee is rendered with the requirements.
valid.
When Escheat Proceeding is proper even if the
3. Unclaimed Balances Act – (Act no. 3963, as decedent died testate: it is when his will was not
amended by PD no. 697) – Dormant accounts for allowed to probate, it is as if he died intestate. In
10 years shall be escheated. such case, if he has no known heirs and there are no
Unclaimed Balances - include credits or deposits persons entitled to his property, the same can still be
of money, bullion, security or other evidence of escheated.
indebtedness of any kind or interest thereon with
banks in favor of any person unheard from for a Where to file
period of 10 years or more, together with interest 1. Resident – RTC of the province where the
and proceeds thereof. deceased last resided.
2. Non-Resident – RTC of the place where his
When Escheat is proper: When a person dies estate is located.
intestate, seized of real property in the Philippines,
 SPECIAL PROCEEDINGS
Notes
the State bears the burden to prove that the land
Section 2. Order for hearing. previously decreed or adjudicated in favor of the
If the petition is sufficient in form and substance, the defendant constitutes land which cannot be owned
court shall: by private individuals.
1. Make an Order of Hearing – hearing shall not be The Republic failed to prove that the Roxas
more that 6 months after the entry of order. Properties were classified as forest land when they
2. Direct the publication of a copy of the Order – at were decreed in Meynardo’s favor in 1971. Thus, in
least once a week for 6 consecutive weeks in accordance with the Court’s ruling in Development
some newspaper of general circulation in the Resources Corporation and Espinosa, the present
province. Petition must be, as it is hereby, denied.
Publication of some notice of hearing is a
jurisdictional requisite, non-compliance with To whom the property escheated will be assigned:
which affects the validity of the proceedings. 1. If personal property - to the city or municipality
where he last resides;
Section 3. Hearing and judgment. 2. If real property – to the municipality or city
Requisites before Judgment of Escheat is issued where the property is situated; or
The court shall adjudge that the estate of the 3. If deceased never resided in the Philippines – to
deceased in the Philippines, after payment of just the city or municipality where the property may
debts and charges shall escheat upon satisfactory be found.
proof in open court of the following:
1. Publication of the Order of hearing; The court, at the instance of an interested party, or
2. That the person died intestate; its own motion, may order the establishment of a
3. That he is seized of real/personal property in the permanent trust, so that only the income from the
Philippines; property shall be used.
4. That he left no heir or person entitled to such
property; and Beneficiaries of the Estate Escheated: for the
5. There is no sufficient cause to the contrary benefit of public schools and public charitable
institutions and centers in said municipalities or
The burden of proof rests on the state to prove that cities.
the property in question is in all respects liable to
escheat. Section 4. When and by whom claim to estate filed.
Who may file a claim on the escheated property:
Republic vs. Heirs of Meynardo Cabrera [844 Any devisee, legatee, heir, widow/er, or other person
SCRA 549] entitled to such estate with the court
A land registration proceeding is the manner through When to file: within five (5) years from the date of
which an applicant confirms title to real property. In such judgment. A claim not made within the said
this proceeding, the applicant bears the burden of time shall be forever barred.
overcoming the presumption of State ownership.
Accordingly, the applicant is bound to establish, Such person shall have possession of and title to the
through incontrovertible evidence, that the land same, or if sold, the municipality or city shall be
sought to be registered had been declared alienable accountable to him for the proceeds after deducting
or disposable through a positive act of the State. reasonable charges for the care of the estate;
Conversely, reversion proceeding is the manner
through which the State seeks to revert land to the A donee has the personality to be a claimant within
mass of the public domain; it is proper when public the purview of Sec 4, Rule 91 of the ROC because
land is fraudulently awarded and disposed of in he is an interested party. An Interested party is any
favor of private individuals or corporations, or when person alleging to have a direct right or interest in
a person obtains a title under the Public Land Act the property sought to be escheated.
which includes, by oversight, lands which cannot be
registered under the Torrens system as they form Under Art. 1014 of the Civil Code, the 5 year period
part of the public domain. is reckoned from the date of the property was
Owing to the nature of reversion proceedings and the delivered to the state and further provides that if the
outcome which a favorable decision therein entails, property had been sold, the municipality or city shall
 SPECIAL PROCEEDINGS
Notes
be accountable only for such part of the proceeds as original certificate of registration, and nullify the
may not have been lawfully spent. original certificate of title, including the transfer of
certificate of title of the successors-in-interest
Trial Court cannot convert an Escheat because the same were all procured through fraud
Proceeding into an Ordinary Special Proceeding. and misrepresentation. In cancelling and nullifying
The 2 actions are entirely different from each other such title, it restores the public land fraudulently
and the requirements in vesting jurisdiction are awarded and disposed of to private individuals or
entirely different. In Special Proceedings, corporations to the mass of public domain. Such
publication is once a week for 3 consecutive weeks, action is filed by the OSG pursuant to its authority
while in Escheat, once a week for 6 weeks. under the Administrative Code.
On the other hand, an action for annulment of free
Section 5. Other actions for escheat. patents and certificates of title also seeks for the
Until otherwise provided by law, actions reversion cancellation and nullification of the certificate of
or escheat of properties alienated in violation of the title, but once the same is granted, it does not operate
Constitution or of any statute shall be governed by to revert the property back to the State, but to its
this rule, except that the action shall be instituted in lawful owner. In such action, the nullity arises not
the province where the land lies in whole or in part. from fraud or deceit, but from the fact that the
director of the Land Management Bureau had no
Maltos vs. Heirs of Eusebio Borromeo [770 SCRA jurisdiction to bestow title; hence, the issued patent
397] or certificate of title was void ab initio.
The purpose of reversion is “to restore public land Thus, the difference between them lies in the
fraudulently awarded and disposed of to private allegations as to the character of ownership of the
individuals or corporations to the mass of public realty whose title is sought to be nullified. In an
domain.” action for reversion, the pertinent allegations in the
The general rule is that reversion of lands to the state complaint would admit State ownership of the
is not automatic, and the Office of the Solicitor disputed land, while in an action for annulment of
General is the proper party to file an action for patent and certificate of title, pertinent allegations
reversion. Reversion was not automatic, and deal with plaintiff’s ownership of the contested land
government must file an appropriate action so that prior to the issuance of the same as well as
the land may be reverted to the state. defendant’s fraud or mistake in successfully
The remedy of reversion is not the same as the obtaining these documents of title over the parcel of
remedy of declaration of nullity of free patents and land claimed by the plaintiff.
certificate of title. In reversion, the “allegations in
the complaint would admit State ownership of the C. GUARDIANS AND GUARDIANSHIP
disputed land, while in an action for the declaration D. TRUSTEES
of nullity of free patent and certificate of title, the
allegations would include “plaintiff’s ownership of Rule 98
the contested lot prior to the issuance of the free Trustees
patent and certificate of title.”
Since an action for reversion presupposes that the Trustee – a person in whom confidence is reposed
property in dispute is owned by the state, it is proper as regards property for the benefit of another person.
that the action be filed by the Office of the Solicitor
General, being the real party-in-interest. This rule applies only to express trusts and not to
There is, however, an exception to the rule that implied trusts which arise by operation of law.
reversion is not automatic. Reversion under Section Express trust necessarily involves 3 parties:
29 is self-operative, unlike Section 101 which 1. The trustor;
requires the Office of the Solicitor General to 2. The trustee; and
institute reversion proceedings. Also, Section 101 3. The beneficiary also known as the cestui que
applies in cases where “title has already vested in the trust
individual.
Concept of Trust – a trust is a confidence reposed
Narcise vs Valbueco [831 SCRA319] on one person called the trustees, for the benefit of
An action for reversion, a remedy seeks to cancel the another, called the cestui que trust, with respect to
 SPECIAL PROCEEDINGS
Notes
the property held by the former for the benefit of the
latter. The person in whom the confidence is reposed E. ADOPTION AND CUSTODY OF MINORS
as regards the property for the benefit of another is F. HABEAS CORPUS
also known as trustee G. CHANGE OF NAME VS.
CORRECTION/CANCELLATION OF ENTRIES
Procedure for appointment of Trustees under Rule H. PREROGATIVE WRITS
98
Allowance of the instrument
creating the trust
(Probate of will)

Petition by ExeAd or the person
appointed as trustee un the
instrument

Notice to all interested persons

Appointment of the trustee by the
court

Filing of bond by the trustee

Section 1. Where trustee appointed.

Jurisdiction:
Court of First Instance in which the will was
allowed, if it be a will allowed in the Philippines.
Otherwise by the Court of First Instance of the
province in which the property, or some portion
thereof, affected by the trust is situated.

Testamentary Trust - a will creating a trust but the

testator omitted to appoint a trustee in the
Philippines.
Contractual Trust – other written instruments
where the trustee therein declines, resign, dies, or is
removed before the accomplishment of trust.

Section 2. Appointment and powers of trustees under

will. Executor of former trustee need not administer
trust.
Section 3. Appointment and powers of new trustee
under written instrument.
Section 4. Proceedings where trustee appointed
abroad.
Section 5. Trustee must file bond.
Section 6. Conditions included in bond.
Section 7. Appraisal. Compensation of trustee.
Section 8. Removal or resignation of trustee.
Section 9. Proceedings for sale or encumbrance of
trust estate.