Distinguish Civil Actions from PPBJN
Special Proceedings.
As to Purpose
In a civil action, a party sues another for the enforcement
or protection of a right or the prevention or redress of a
wrong. Distinguished from special proceedings where a
party seeks to establish a status, a right, or a particular
fact.
As to parties
Civil actions necessarily involve at least two parties:
plaintiff and defendant. While special proceedings usually
involve just one party: petitioner.
As to jurisdiction of courts
For civil actions, the issues are generally heard by a court
of general jurisdiction. In special proceedings, the issues
that may be ruled upon by the court are dictated by the law
because it exercises limited jurisdiction.
As to its nature
Civil actions are adversarial in nature compared to special
proceedings where, generally, it is non-adversarial in
nature when initiated.
As to basis
Civil action is always based on a cause of action except for
certain special civil actions which are not based on a
cause of action. On the other hand, a special proceeding is
not usually based on a cause of action, with certain
exceptions such as in habeas corpus.
What is the rule in the Rule 73 (Sec. 1). The determination of the proper venue in
determination of venue for estate proceedings will depend on the fact of residency in
settlement of state? the Philippines of the decedent at the time of death.
Resident - The estate must be settled in the decedent’s
place of residence.
Non-resident - Estate proceedings may be commenced in
any place where any of the decedent’s properties are
located.
The citizenship of the decedent is irrelevant.
What is contemplated by law of The term residence used in the law refers to one’s “actual
“residence” for purposes of or physical” habitation or place of abode which may not
settlement of estate? necessarily be one’s legal residence or domicile provided
that one resides therein with continuity and consistency.
This characterization of the term residence remains in
force and observe as can be gleaned in the Supreme
Court's ruling in San Luis v. San Luis.
Discuss the exclusionary It is a settled rule in this jurisdiction as laid down by the
principle/Principle of preferential Supreme Court in Malig v. Bush that the court first taking
jurisdiction. cognizance of the settlement of the estate of a decedent
shall exercise jurisdiction to the exclusion of all other
courts. Note, however, that preference is given in favour of
the court where testate proceedings are held consistent
with the policy of the state that testacy is preferred over
intestacy.
May the question on venue be Yes. The rule on venue is not from a substantive law and
waived? therefore not jurisdictional and may be waived. Further,
objection to improper venue must be made in a motion to
dismiss and before the movant submits himself to the
jurisdiction of the probate court. Failure to do so bars an
opposing party to raise the issue on venue.
What are the requisites for Extra Requisites for extrajudicial settlement [IDA-PPB]
Judicial Settlement? 1. Decedent died intestate;
2. No outstanding debts at the time of settlement;
3. Heirs are all of legal age or minors represented by
judicial guardians or legal representatives;
4. Settlement is made in a public instrument, or by means
of an affidavit in case of a sole heir, duly filed with the
Register of Deeds;
5. Publication in a newspaper of general circulation in the
province once a week for 3 consecutive weeks; and
6. Filing of bond equivalent to the value of personal
property. (for real property, it is subject to lien in favor
creditors, heirs, or other persons for two years from
distribution of estate)
To whom is an extrajudicial Persons who did not participate nor had any notice of
settlement binding? extrajudicial settlement will not be bound thereby. It must
be noted that the procedure in Sec. 1, Rule 74 is an ex
parte proceeding. The publication of the settlement does
not constitute constructive notice to the heirs who had no
knowledge or did not take part in it because the same was
notice after the fact of execution.
What are the requisites for 1. The complaint must allege that the gross value of the
summary settlement of estates estate of the deceased does not exceed P10,000;
of small value? 2. A bond has been duly filed in amount fixed by the court;
and
3. A proper hearing is held not less than 1 month nor more
than 3 months from date of last publication of the notice.
Distinguish extrajudicial As to court intervention
settlement from Summary EJC - No court intervention required.
settlement. SS- Requires summary adjudication filed with the MTC.
As to value
EJS - The value of the estate is immaterial.
SS -Gross value of the estate must not exceed P10,000.
As to when allowed
EJS - Allowed only in intestate succession.
SS - Allowed in both testate and intestate succession.
As to existence of debts
EJS - There must be no outstanding debts at the time of
the settlement of the estate.
SS - Available even if there are debts; it is the court which
will make provision for its payment.
As to who institutes
EJS - Resorted to at the instance of and by agreement of
all heirs.
SS - May be instituted by any interested party, even a
creditor of the estate without the consent of all the heirs.
As to amount of bond
EJS -Amount of bond is equivalent to the value of the
personal property.
SS - Amount of bond is to be determined by the court
What is probate? Probate or allowance of wills is the act of proving in court a
document purporting to be the last will and testament of
the deceased for the purpose of its official recognition,
registration and carrying out its provision in so far as they
are in accordance with law [Festin 40, 2011 Ed.]
General rule: A probate proceeding only looks at extrinsic
validity.
Exception: The probate of a will might become an idle
ceremony if on its face it appears to be intrinsically
void. Where practical considerations demand that the
intrinsic validity of the will be passed upon, even
before it is probated, the court should meet the issue
[Nepomuceno v. CA, G.R. No. L-62952 (1985)]
What is the effect of probate? Once a will is allowed, the principle of res judicata applies
because the allowance of a will is conclusive as to its due
execution. This means that the fact of due and voluntary
execution of the will cannot again be questioned in a
subsequent proceeding except in case of fraud which must
be done in a separate or independent proceeding.
Due execution means that (1) the formalities of the law
have been complied with; (2) the capacity of the testator
has been established; and (3) the will is genuine.
Would an inquiry into the No. In a probate proceeding, the probate court’s authority
intrinsic validity of the will be is limited only to the determination of the extrinsic validity
given consideration in a probate of the will. Any inquiry into the intrinsic validity or efficacy
proceeding? of the provisions of the will is premature and may
immediately be dismissed by the probate court. This is
without prejudice to practical considerations such as when
the will on its face is void. In such a case, then the probate
court may give consideration to the question of intrinsic
validity.
Who may petition for the An executor, devisee, legatee or any other person
allowance of the will? When interested in the estate may file a petition for the allowance
shall the petition be filed? of the will any time after the death of the testator. This
action does not prescribe and cannot be barred by laches
since that would be against public policy.
A petition for the allowance of the will may also be made
during the lifetime of the testator but only such testator
may file for the petition. The Rules of Court allowed this
because it is far easier for the courts to determine the
mental condition of a testator during his lifetime.
Furthermore, any incomplete requirement prescribed by
law may be corrected at once.
What are the requirements for For one to be an executor or administrator, he/she must be
an executor or administrator? at least 18 years of age, a resident of the Philippines and
the court deems him/her as fit.
Qualifications/preference/appoin Any competent person may serve as an executor or
tment/duties administrator.
of administrator
Statute of non- claims It is the period fixed by Section 2 of Rule 86 for the filing of
the claims against the estate.
The rule mandates certain creditors of a deceased person
to present their claims for examination and allowance
within a specified period, the purpose thereof being to
settle the estate with dispatch, so that the residue may be
delivered to the persons entitled thereto without their being
afterwards called upon to respond in actions for claims,
which, under the ordinary statute of limitations, have not
yet prescribed.
General rule: Claim must be filed within the time limited in
the notice; otherwise they are barred forever
[Sec. 5, Rule 86]
Purpose to settle the estate with dispatch, so that the
residue may be delivered to the persons entitled
thereto without their being afterwards called upon to
respond in actions for claims [Rio y Compania v. Maslog,
G.R. No. L-12302 (1959), citing Tan Se Guan v. GaSiu
San, 47 Phil. 96]
The filing of a money claim against the decedent's estate
is mandatory. The requirement is for the purpose of
protecting the estate of the deceased by informing the
executor or administrator of the claims against it, enabling
him to examine each claim and to determine whether it is a
proper one which should be allowed. The plain and
obvious design of the rule is the speedy settlement of the
affaits of the deceased and the early delivery of the
property to the distributees, legatees, or heirs [Union Bank
of the Philippines v. Santibañez, G.R. No. 149926 (2005),
citing Py Eng Chong v. Herrera, G.R. No. L-31229 (1976)]
Stages in settlement of [1] Filing of Petition
estate of deceased person [2] Hearing
[3] Issuance of Court Order
[4] Filing of Claims Against Estate
[5] Payment of Debts of Estate
[6] Distribution and Partition of Estate
[7] Closing
I. PETITION
[1] Testate Intestate
[2] Filing of petition for allowance of will by executor,
devisee, legatee, other interested person (Rule 76, Secs. 1
& 2) Filing of petition for issuance of letters of
administration person (Rule 79, Sec. 2)
[3] Order setting petition for hearing
[4] Notice of hearing: 1. Publication of notice for three
consecutive weeks (Rule 76, Sec. 3) 2. Notice by mail or
personally to designated or known heirs, legatees,
devisees, executor (Rule 76, Sec. 4); known heirs,
creditors, other interested persons (Rule 79, Sec. 3)
II. HEARING
[1] Proof of notice of hearing (Rule 76, Sec. 5) (Rule 79,
Sec. 5)
[2] Evidence for petitioner: (a) Death of decedent and (b)
Residence at time of death
[3] Testimony/ies of subscribing witness/es (Rule 76 Secs.
5 & 11) Decedent left no will or there is no competent and
willing executor (Rule 79, Sec. 5)
[4] Proof when testator is petitioner (Rule 76, Sec. 12)
Petitioner is qualified for appointment (Rule 78, Secs. 1 &
6)
[5] Evidence for Oppositor
[6] File grounds for contest (Rule 76, Sec. 10)
III. ISSUANCE OF COURT ORDER
[1] Order or decision allowing will or admitting it to probate
[2] Certificate of allowance attached to prove will (Rule 76,
Sec. 13)
[3] Order for issuance of letters testamentary (Rule 78,
Sec. 4)
[4] Order for issuance of letters of administration
* (Rule 79, Sec. 5) Issuance of letters by clerk of court
Oath of executor or administrator Filing of executor or
administrator's bond
* (Rule 81, Sec. 1) Filing of inventory within 3 mos. (Rule
81, Sec. 1[a]) Accounting within 1 year
* (Rule 81, Sec. 1 [c]; Rule 85, Sec. 8) Actions by or
against executor or administrator (Rule 87)
IV. CLAIMS AGAINST ESTATE
[1] Notice of filing of claims time for filing not more than 12
mos. nor less than 6 mos. from first publication (Rule 86,
Secs. 1 & 2)
[2] Publication of notice for 3 consecutive weeks and
posting (Rule 86, Secs. 3 & 4)
[3] Filing of claim and answer thereto (Rule 86, Secs. 9 &
10)
[4] Trial of contested claim (Rule 86, Sec. 12)
[5] Judgment approving or disapproving claim (Rule 86,
Sec. 13)
V. PAYMENT OF DEBTS OF ESTATE
[1] Debts paid in full if estate sufficient (Rule 88, Sec. 1)
[2] Order of payment if estate insolvent (Rule 88, Sec. 7)
[3] Order for payment of debts (Rule 88, Sec. 11)
[4] Time for payment not to exceed 1 year, extendible for 1
more year (Rule 88, Sec. 15)
[5] Sales, mortgages and other encumbrances of property
of decedent for paying debts. etc. (Rule 89)
VI. DISTRIBUTION AND PARTITION OF ESTATE
Rule 90
[1] Approval of final accounting and project of partition
[2] Actual distribution or delivery to heirs of their respective
shares
VII. CLOSING
[1] Order declaring proceedings closed and terminated.
Who may petition for probate? The executor, devisee, or legatee named in the will, or any
other person interested in the estate, may, at any
time after the death of the testator, petition the court having
jurisdiction to have the will allowed, whether
the same be in his possession or not, or is lost or
destroyed [Sections 1 and 2, Rule 76; Palaganas v.
Palaganas, G.R. No. 169144 (2011)]
A will may be probated
a. Before testator's death - By testator himself
(ante-mortem probate)
Rationale: Easier for courts to determine the mental
condition of the testator. Fraud,
intimidation, and undue influence are minimized. If a will
does not comply with requirements
prescribed by law, it may be corrected at once [3 Tolentino
149, 1992 Ed.]
b. After the testator's death - By executor, devisee, or
legatee named in the will or any person interested in the
estate [Sec. 1, Rule 76]
Who are persons entitled to [Sec. 4, Rule 76]
notice a. Known heirs, legatees and devisees resident in
Philippines
b. Named executor if he is not petitioner, and
c. Named co-executors not petitioning if their place of
residence is known
Note: If the testator himself asks for probate of his own will,
notice shall be sent only to compulsory heirs
[Sec. 4, Rule 76; Nittscher v. Nittscher, G.R. No. 160530
(2007)]
