Apurímac
CASO NUEVO Tipo: Otros asuntos
Rule 105
Judicial Approval of Voluntary
Recognition of Minor Natural Children
Family Court Where the child resides
Family Code
Summary
Proceedings Family Court
Where the petitioner resides or where the child resides if it involves minors
R.A. 8369
Actions mentioned in the Family Courts Act
1. Petitions on Foster care and Temporary Custody 2. Declaration of Nullity of Marriage 3. Cases of Domestic Violence Against Women and Children Family Court
Where petitioner or respondent has been residing for at least 6 months prior to the date of filing In case of non-resident respondent, where he may be found at the election of the petitioner
Rule 102 Habeas Corpus
SC, CA, RTC, MTC in the province or city in case there is no RTC judge; SB only in aid of its appellate jurisdiction
Where the aggrieved party is detained (RTC)
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O M A S A.M. No. 03-04-04- SC Habeas Corpus in Relation to Custody of MinorsFamily Court, CA, SC Where the petitioner resides or where the minor may be found
A.M. No.
07-9-12-SC Writ of Amparo
RTC, SB, CA or SC or any justice thereof
Where the threat, act or omission was committed or any of its elements occurred
A.M. No.
08-1-16-SC Writ of habeas data
RTC, SB, CA or SC or any justice thereof
Where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner
A.M. No.
09-6-8-SC Writ of Kalikasan SC or any stations of CA
Where the unlawful act, omission or threat was committed
A.M. No.02-11- 10-SC Declaration of nullity of void marriage/Annulment of marriage Family Court
Where petitioner or respondent has been residing for at least 6 months prior to the date of filing In case of non-resident respondent, where he may be found at the election of the petitioner
A.M. No. 02-11-11- SC
Legal Separation Family Court
Where petitioner or respondent has been residing for at least 6 months prior to the date of filing In case of non-resident respondent, where he may be found at the election of the petitioner
Q: What is the publication requirement in special proceedings? A:
Special Proceeding Publication of Order of Hearing
Administrative change of first name or nickname
Once a week for 2 consecutive weeks
Corporate rehabilitation
Settlement of estate of deceased persons
Once a week for 3 consecutive weeks
Judicial change of name
Judicial cancellation or correction of entries in the civil registry
Domestic adoption Inter-country adoption
Voluntary dissolution of corporation (Except shortening of corporate term) Declaration of absence
Once a week for 3 consecutive weeks
Note: The declaration of absence shall not take effect
until six (6) months after its publication in a newspaper of general circulation.
Escheat Once a week for 6 consecutive weeks
Guardianship
None
Trustees
Custody of minors
Hospitalization of insane person Rescission of adoption
Administrative cancellation or correction of entries Habeas corpus
Writ of amparo Writ of habeas data Writ of kalikasan
1. Petitions on foster care and temporary custody 2. Cases of domestic violence against women and
children Summary proceedings
Note: In declaration of nullity or annulment of marriage or legal separation, service of summons may be through
publication once a week for 2 consecutive weeks.
Q: Who should be notified in special proceedings? A:
Special proceeding To whom notice must be given
Settlement of estate of deceased persons Executor/administrator/any interested party
Trustees All persons interested on the trust
Hospitalization of insane person On the person alleged to be insane and to the one having
charge of him or any of his relatives
Judicial change of name Interested parties/Solicitor General
Judicial cancellation or correction of entries in the civil registry
Persons named in the petition/Solicitor General/Civil Registrar impleaded as respondent
Declaration of absence and death Heirs/legatees/devisees/creditors/other persons interested Corporate rehabilitation Creditors/Debtors
Voluntary dissolution of corporation Creditors
Administrative correction of entry/ change of first name
or nickname Interested parties
Guardianship
The minor if above 14 years of age/incompetent himself/Interested parties on the property of the ward. General or special notice may be given.
Domestic Adoption Biological parents/Solicitor General
Rescission of Adoption Adopter
Inter-country Adoption Biological parents, if any/guardian
Custody of Minors Biological parents/guardian if any
Habeas corpus To the person to which the writ is directed
Writ of amparo Respondent
Writ of habeas data Respondent
Writ of kalikasan Respondent
Summary proceedings Respondent and interested party
1. Petitions on foster care and temporary custody 2. Cases of domestic violence against women and
children
Solicitor General/Public Prosecutor
Declaration of nullity of void marriage / Annulment of
marriage City/Provincial Prosecutor/ Respondent
Legal separation City/Provincial prosecutor/ Respondent
Escheat None
A. SETTLEMENT OF ESTATE OF DECEASED PERSONS, VENUE AND PROCESSES 1. WHICH COURT HAS JURISDICTION
Q: Which court has jurisdiction over the estate of the deceased?
A:
Regional Trial Court Metropolitan Trial Court Gross value of the estate
exceeds 500,000 (within Metro Manila) or 400,000 (outside Metro Manila)
Gross value of the estate does not exceed 500,000/400,00
Q: State the rule on venue in judicial settlement of estate of deceased persons.
A:
Resident Non-Resident
Court of the province/city where the deceased resided at the time of death, whether a citizen or alien
Court of the province/city wherein he had the estate
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O M A S2. VENUE IN JUDICIAL SETTLEMENT OF ESTATE
Q: What is venue?
A: Under the Rules of Court, the province where the estate of the deceased shall be settled (Cuenco v. CA, G.R. No. L-24742, October 26, 1973)
Q: Is venue waivable?
A: Yes. Wrong venue is a waivable procedural defect, and such waiver may occur by laches where a party had been served notice of the filing of the probate petition for a year and allowed the proceedings to continue for such time before filing a motion to dismiss.
Note: Jurisdiction under Rule 73 does not relate to
jurisdiction per se but to venue. Hence institution in the court where the decedent is neither an inhabitant nor had his estate may be waived (Uriarte v. CFI, G.R.
Nos. L-21938-39, May 29, 1970).
Q: What constitutes residence?
A: It is the personal, actual, physical habitation, his actual residence or place of abode (Fule v. CA, G.R. No. L-40502, Nov. 29, 1976) and not his permanent legal residence or domicile.
Note: MTC jurisdiction is exclusive of interest,
damages of whatever kind, attorney’s fees, litigation expenses and costs.
Q: What is the remedy if Venue is improperly laid? A:
GR: ORDINARY APPEAL should be filed, not certiorari or mandamus.
XPN: CERTIORARI OR MANDAMUS should be filed when want of jurisdiction appear on the record of the case.
Q: What is the Principle of Preferential Jurisdiction?
A:
GR: The court first taking cognizance of the settlement of the estate of the decedent shall exercise jurisdiction to the exclusion of all other courts (Sec. 1 of Rule 73.)
The probate court acquires jurisdiction from the moment the petition for the settlement of estate is filed with said court. It cannot be divested of such jurisdiction by the subsequent acts of the parties as by entering into extrajudicial partition of the estate (Sandoval
v. Santiago, L- 1723, May 30, 1949); or by filing another petition for settlement in a proper court of concurrent venue (De Borja v. Tan, 77 Phil 872).
XPN: Estoppel by Laches
Note: The rule applies to both testate and intestate
proceedings.
3. EXTENT OF JURISDICTION OF PROBATE COURT
Q: May probate courts determine issues of ownership in a proceeding for the settlement of estate of decedent? Explain.
A:
GR: No, because probate courts are courts of limited jurisdiction.
XPNS:
1. Provisionally, for the sole purpose of including the property in the inventory, without prejudice to its final determination in a separate action; 2. When all the parties are heirs of the
decedent and they agreed to submit the issue of ownership to the probate court, provided that no rights of third persons are prejudiced;
3. If the question is one of collation or advancement; or
4. If the parties consent to the assumption of jurisdiction by the probate court and no rights of third parties are prejudiced. (Agpalo, Handbook on Special Proceedings, pp. 10-12, 2003 ed.)
Q: The probate court ordered the inclusion of a parcel of land registered in the name of Richard in the inventory of the properties of the deceased Anna. Richard opposed the inclusion arguing that the probate court cannot determine the issue of the ownership of the parcel of land inasmuch as the same was registered in his name. Is Richard correct?
A: Yes. In probate proceedings, if a property covered by Torrens title is involved, the presumptive conclusiveness of such title should be given due weight, and in the absence of strong compelling evidence to the contrary, the holder thereof should be considered as the owner of the property in controversy until his title is nullified or modified in an appropriate ordinary action, particularly, when as in the case at bar, possession of the property itself is in the persons named in the title (Luy Lim v. CA, G.R. No. 124715, Jan. 24, 2000).
Q: What may the court do in the exercise of its probate jurisdiction?
A: It may issue warrants and processes to compel the attendance of witnesses or carry into effect their orders and judgments and all other powers granted them by law. (Sec. 3, Rule 73)
Q: May the probate court issue a writ of execution?
A:
GR: No, because its orders usually refer to the adjudication of claims against the estate which the executor or administrator may satisfy without the necessity of resorting to a writ of execution.
XPNS:
1. To satisfy the contributive share of the devisees, legatees and heirs when the latter had entered prior possession over the estate (Sec. 6, Rule 88);
2. To enforce payment of the expenses of partition (Sec. 3, Rule 90); and
3. To satisfy the costs when a person is cited for examination in probate proceedings (Sec. 13, Rule 142; De Valera v. Hon. Ofilada, G.R. No. L-27526, Sept. 19, 1974). 4. To satisfy the claim in a summary proceedings of creditors or heirs who appear within two years from distribution.
Q: Can a declaration of heirship be made in an independent action?
A:
1. If the special proceedings are pending, or if there are no special proceedings filed but there is a need to file one, then the determination of heirship should be raised and settled in said special proceedings.
2. If the special proceeding had been instituted but had been finally closed and terminated, or if a putative heir has lost the right to have himself declared in the special proceedings as co-heir and he can no longer ask for its re-opening, then an ordinary civil action can be filed for his declaration as heir in order to bring about the annulment of the partition or distribution or adjudication of properties belonging to the estate of the deceased (Portugal and Portugal, Jr. v. Portugal- Beltran, G.R. No. 155555, Aug. 16, 2005).
Q: Where should the estate be settled if the marriage is dissolved by death of either spouse or both?
A: When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either. (Sec. 2, Rule 73)
Note: If separate proceedings have been instituted for
each estate, both proceedings may be consolidated if they were filed in the same court.
The rule on consolidation in settlement proceedings for husband and wife exclusively applies to them. It does not apply to siblings, parents and child or other relatives no matter how close. (Benigno v. de la Peña, G.R. No. L-38036, Oct. 15, 1932)
Notes:
1. The jurisdiction of a court as well as the concomitant nature of the action is determined by the averments in the complaint and not by the defenses contained in the answer. (Vda. De Manalo v.
CA, 349 SCRA 135).
2. The residence of the deceased or the location of his estate is not an element of jurisdiction over the subject matter but merely of venue (Cuenca v. CA 53 SCRA 360,
1973.)
3. Testate proceedings take precedence over intestate proceedings for the same estate. If in the course of the intestate proceedings, it is found that the decedent had left a last will, proceedings for the probate of the latter should replace the intestate proceedings even if at that state, an administrator had already been appointed (Uriarte v. CFI, 33 SCRA 252, 1970.)
4. Mere discovery of a document purporting to be the last will and testament of decedent after appointment of an administrator does not ipso facto nullify the letters of administration already issued until the will has been proven and allowed (Advincula v.
Teodoro, 99 Phil 413).
4. POWERS AND DUTIES OF PROBATE COURT
Q: What are the powers and duties of a Probate Court?
A: In probate proceedings, the court:
1. Orders the probate of the will of the decedent
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O M A S3. Supervises and controls all acts of administration
4. Hears and approves claims against the estate of the deceased
5. Orders payment of lawful debts
6. Authorizes sale, mortgage or any encumbrance of real estate
7. Orders the payment of taxes and other charges
8. Directs the delivery of the estate to those entitled thereto.
Note: The court acts as a trustee and as such must
jealously guard the estate and see to it that it is wisely and economically administered, not dissipated.
Q: What are the powers and duties of a probate court?
A:
To pass upon the issue regarding:
1. Validity of the will (i.e. formalities required by law)
2. Distribute shares
3. Determine who are the legal heirs 4. Issue warrants and processes to secure
attendance of witnesses
5. Determine and rule upon issues relating to settlement of the estate, such as administration, liquidation, and distribution of the estate
6. Determine the following: a. Heirs of the decedent; b. Recognition of natural child;
c. Validity of disinheritance effected by testator;
d. Status of a woman who claims to be the lawful wife of the decedent ; e. Validity if waiver of hereditary heirs; f. Status of each heir;
g. Whatever property in the inventory is conjugal or exclusive property of deceased spouse; or
h. Matters incidental or collateral to the settlement and distribution of the estate.
B. SUMMARY SETTLEMENT OF ESTATES
1. EXTRAJUDICIAL SETTLEMENT BY AGREEMENT BETWEEN HEIRS, WHEN ALLOWED EXTRA JUDICIAL SETTLEMENT BY