SPECIAL PROCEEDINGS
Nimfa Cuesta Vilches
I. INTRODUCTION
A. DEFINITION
A special proceeding is a remedy by which a party seeks to establish a status, a right, or a
particular fact.
B. DISTINCTION FROM ORDINARY CIVIL ACTION
It is distinguished from an ordinary civil action where a party sues another for the enforcement
or protection of a right, or the prevention or redress of a wrong.
Hence, a special proceeding is initiated by petition, not by complaint.
C. APPLICABILITY OF RULES ON ORDINARY CIVIL ACTION
Applicability of rules on civil actions. – In the absence of special provisions, the rules provided
for in ordinary actions shall be, as far as practicable, applicable in special proceedings.
Special provisions under Part II of the Rules of Court govern special proceedings; but in the
absence of special provisions, the rules provided for in Part I of the Rules governing ordinary civil actions
shall be applicable to special proceedings, as far as practicable.
1. Special proceedings under the Rules of Court
a) Settlement of estate of a deceased person;
b) Escheat;
c) Guardianship and custody of minor children;
d) Trustees;
e) Adoption and rescission and revocation of adoption;
f) Hospitalization of insane persons;
g) Habeas Corpus;
h) Change of Name;
i) Voluntary dissolution of corporations;
j) Judicial approval of voluntary recognition of minor natural children;
k) Constitution of a family home;
l) Declaration of absence and death;
m) Cancellation or correction of entries in the civil registry; and
n) Appeals in special proceedings
2. Special proceedings under various laws and Supreme Court Circulars
a) Petitions under the Family Courts Act
1. Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages;
2. Rule on Legal Separation;
3. Rule on Provisional Orders;
4. Rule on Custody of Minor Children and Writ of Habeas Corpus in Relation to Custody of Minor
Children; and
5. Summary judicial proceedings under the Family Code
b) Proceedings for protection orders under the Violence Against Women and Their Children Act
1. Rule on Violence Against Women and Their Children
c) Proceedings under the Arbitration Law27 and Alternative Dispute Resolution Act28
1. Arbitration; court-annexed mediation and judicial dispute resolution; and court-annexed
family mediation
3. Special Proceedings under other Supreme Court Circulars
a) Petition for writ of amparo and
b) Petition for writ of habeas data
II. SETTLEMENT OF ESTATE OF DECEASED PERSONS
A. DEFINITION
In a petition for settlement of estate, the applicants seek to establish the fact of death of the
decedent and to be duly recognized as among the heirs to be able to participate in the settlement and
liquidation of the estate. Where the deceased left a will, the proceeding is testate and if no will was left,
the proceeding is intestate. Settlement of estate proceeding is subject to mediation.
B. JURISDICTION OF PROBATE COURT BASED ON GROSS VALUE OF ESTATE:
First-Level Courts:
Metropolitan Trial Court Not Exceeding P400,000 Municipal Trial Court in Cities, Municipal Trial
Court, and Municipal Trial Circuit Court Not Exceeding P300,000
Regional Trial Court:
Within Metro Manila Exceeding P400,000 Outside Metro Manila Exceeding P300,000
Shari’a District Courts:
Exclusive original jurisdiction in matters of settlement of the estate of deceased Muslims
regardless of the nature and aggregate value of the property.
1. Limited jurisdiction of the court in settlement of estate.
The jurisdiction of the trial court, either as testate or intestate court, is limited to settlement of
estate and probate of a will and appointment or removal of administrator or executor. As a
general rule, its power does not include determination of ownership and adjudication of title
that are in issue during the proceedings. Hence, a separate action contesting the title and
ownership of a property shall be instituted.
2. Nature of authority of court in probate of will.
In settlement of estate proceedings, the authority of a probate court is limited to ascertaining
whether the testator, being of sound mind, freely executed the will in accordance with
formalities prescribed by law.40 However, in one case, the Supreme Court held that although
generally, a probate court may not decide a question of title or ownership, yet if the interested
parties are all heirs, or the question is one of collation or advancement, or the parties consent to
the assumption of jurisdiction by the probate court and the rights of third parties are not
impaired, the probate court is competent to decide the question of ownership.
By way of exception to the abovementioned rule, “when the parties are all heirs of the
decedent, it is optional upon them to submit to the probate court the question of title to
property.”
Moreover, a Shari’a District Court is not deprived of jurisdiction merely because petitioners
raised as a defense the claim that the deceased is not a Muslim. According to the Supreme
Court, the Shari’a District Court has the authority to determine whether it has jurisdiction,
requiring the determination that the deceased is a Muslim. If after hearing, the Shari’a District
Court finds that the deceased was not in fact a Muslim, then it should dismiss the case for lack
of jurisdiction.
C. JURISPRUDENCE
1. Probate court cannot act on rights to property arising from contract nor proceed to the
probate of will that preterited a compulsory heir. In a relevant case, the Supreme Court found
that the probate court may act on matters pertaining to the estate but not on the rights to
property arising from a contract.
In addition, during the hearing, the probate court shall not go through the probate of a will that
preterited a compulsory heir since preterition invalidates the will.
2. Probate court cannot act on side agreement of parties as to a right of way. Similarly, any
agreement other than the judicially approved compromise between the parties such as the
grant of right of way, is outside the limited jurisdiction of the probate court. Thus, an alleged
right arising from a “side agreement” on the right of way can be fully protected by filing an
ordinary action for specific performance in a court of general jurisdiction.
Exceptions to the limited jurisdiction of the probate court.
a. Probate court can act on questions regarding heirship and status of an illegitimate child who
claims to be an heir to the estate. If a special proceeding for the settlement of estate of a
decedent is pending, questions regarding heirship, including prescription in relation to
recognition and filiation, should be raised and settled in said proceeding. The court, in its
capacity as probate court, has jurisdiction to declare who are the heirs of the decedent.47 Even
the status of an illegitimate child who claims to be an heir to a decedent’s estate which cannot
be adjudicated in an ordinary civil action, as
in a case for the recovery of property, must be ventilated in the special
proceeding instituted specifically for the purpose of settling the estate of the
deceased.48
b. Probate court can rule on distributive shares and accounting of funds
and assets to determine shareholdings. If there is a controversy as to the
distributive shares of the heirs in the estate, the probate court shall proceed to
hear and decide the same as in ordinary cases.49 The same is true in
accounting of funds and assets to determine the extent and value of
shareholdings undertaken by a probate court which is completely consistent
with the limited jurisdiction of said court. Beyond this, the determination of title
or ownership of the subject shares maybe conclusively settled by the probate
court as a question of collation or advancement.50
D. VENUE
Section 1, Rule 73, Rules of Court provides for the venue for settlement of
estate of a deceased person.
