Spec Pro Reviewer

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ATENEO CENTRAL BAR OPERATIONS 2007
Remedial Law
SUMMER REVIEWER

SPECIAL PROCEEDINGS

SPECIAL PROCEEDING
This is a remedy by which a party seeks to establish
a status, a right, or a particular fact. (Rule 1, Sec. 3c)

RULE 72
SUBJECT MATTER AND APPLICABILITY OF
GENERAL RULES
Section 1. Subject matter of special proceedings
Section 2. Applicability of rules of civil actions
SUBJECT MATTER OF SPECIAL PROCEEDINGS
a. Settlement of estate of deceased persons
b. Escheat
c. Guardianship and custody of children
d. Trustees
e. Adoption
f. Rescission and revocation of adoption
g. Hospitalization of insane patient
h. Habeas corpus
i. Change of name
j. Voluntary dissolution of corporations
k. Judicial approval of voluntary recognition of
minor natural children;
l. Constitution of family home
m. Declaration of absence and death
n. Cancellation of correction of entries in civil
registry
OTHER SPECIAL PROCEEDINGS
a. liquidation proceedings
b. intra-corporate controversies
c. corporate rehabilitation and a
QuickTime™
TIFF (Uncompressed) decompressor
d. recognition are neededenforcement of arbitration
and to see this picture.
proceedings
e. vacation,
setting
aside,
correction or
modification of an arbitral award
f. any application with a court for arbitration
assistance and supervision
ACTION
To protect or enforce a

SPECIAL
PROCEEDINGS
To establish a status,

right, or to prevent or
redress a wrong
Initiated by Complaint
Definite Parties
Answer is filed
Handled by court of
general jurisdiction
Adversarial
Statute of Limitations
applies
15-day appeal period

right, or a particular fact
Initiated by Petition
Definite petitioner, no
definite adverse party
Opposition is filed
Heard by court of limited
jurisdiction
Not adversarial
No statute of limitations
30-day appeal period

JURISDICTION AND VENUE
a. Settlement of estate of deceased persons
i. RTC – Gross value of the estate exceeds
P300,000/P400,000
ii. MTC – Gross value of the estate does not
exceed P300,000/P400,000
If resident – place where deceased
resided at time of death
If non-resident – place where deceased
had estate
Heirs of Sandejas v. Lina, February 5, 2001 (2001)
Probate jurisdiction extends to matters incidental
and collateral to the exercise of a probate court’s
recognized powers such as selling, mortgaging or
otherwise encumbering realty belonging to the estate.
b. Escheat
i. Ordinary escheat proceedings: RTC
If resident – place where deceased last
resided
If non-resident – place where he had
estate
ii. Reversion of land to State for violation of
Constitution / Laws: RTC where land lies in
whole or in part
iii. Unclaimed deposits (for 10 years): RTC of
province where bank is located
all banks located in 1 province where
court is located may be made parties
defendant in 1 action.
c. Guardianship and custody of children: Family
Court
If
resident

place
where
minor/incompetent resides
If
non-resident

place
where
minor/incompetent has property

—Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan—

Remedial Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
d. Trustees
i. RTC – Gross value of the estate exceeds
P300,000/P400,000
ii. MTC – Gross value of the estate does
exceed P300,000/P400,000
If will allowed in the Philippines – court
where will was allowed
If will allowed outside the Philippines –
court in place where property is situated
e. Adoption: Regional Trial Court
If domestic adoption – place where
adopter resides
If inter-country adoption – court who has
jurisdiction over the adoptee
f. Rescission and revocation
Regional Trial Court

of

adoption:

g. Hospitalization of insane patient: RTC in place
where person alleged to be insane is found
h. Habeas corpus
i. SC (original, concurrent with RTC)...
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