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Week I - Special proceedings - Rule 72-76 Jurisdiction Extrajudicial…

- - - - C. Applicability of Rules on Civil Actions (72.2) - In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.
        
        D. Distinction from Civil Actions
        
        Definitions -
        
        Civil Action - one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong
        1a. Actions - an action is an ordinary suit in the courts of justice
        
        Special proceeding - a remedy by which a party seeks to establish a status, a right, or a particular fact
        2a. SpecPro - every other remedy furnished by law.
        
        Distinguished from Action (Moran) - Action is the act by which one sues another in a court of justice for the enforcement or protection of a right, or the prevention or redress of a wrong while special proceeding is the act by which one seeks to establish the status or right of a party, or a particular fact. Hence, action is distinguished from special proceeding in that the former is a formal demand of a right by one against another, while the latter is but a petition for a declaration of a status, right or fact. Where a party litigant seeks to recover property from another, his remedy is to file an action. Where his purpose is to seek the appointment of a guardian for an insane, his remedy is a special proceeding to establish the fact or status of insanity calling for an appointment of guardianship."
        
        Presence of Cause of Action - Adversarial ordinary civil actions because anchored on cause of action as well as presence of oppositors.
        
        Establishment of Status/Condition - Once status established, the right/status automatically applies. Establishment is threshold where the rights come into play.
        
        Special Civil Action - Same as civil actions, but have specific set of ruels.
        
        Sir - There are rules that may find no application in special proceedings, but there are those that may. Consideration is whatever gets the special proceedings done, regardless of where they are found.
      - Subject matter of special proceedings. — Rules of special proceedings are provided for in the following cases:
        
        Settlement of estate of deceased persons;
        
        Escheat;
        
        Guardianship and custody of children;
        
        Trustees;
        
        Adoption;
        
        Rescission and revocation of adoption;
        
        Hospitalization of insane persons;
        
        Habeas corpus;
        
        Change of name;
        
        Voluntary dissolution of corporations;
        
        Judicial approval of voluntary recognition of minor natural children;
        
        Constitution of family home;
        
        Declaration of absence and death;
        
        Cancellation of correction of entries in the civil registry.
        
        Exclusiviity of Enumeration (Pacific Banking Corp v. CA) - enumeration is non-exclusive. Thus, so long as the remedy seeks the establishment of a right, status, or a particular fact, then such may be called a special proceeding.
        
        Ex. A ·petition for liquidation of an insolvent corporation, such as a bank, was classified as a special proceeding resembling a petition for the settlement of the estate of a deceased person.
    - - Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
        
        Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00) exclusive of interest damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions;
        
        Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.
        
        Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That value of such property shall be determined by the assessed value of the adjacent lots. (as amended by R.A. No. 7691)
- - - - A. Probate Needed (75.1) - No will shall pass either real or personal estate unless it is proved and allowed in the proper court.
        
        Conclusiveness of Execution - Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution. Only execution as probate court is only limited to determination of formal validity of the will i.e.,
        
        the formalities of the law have been complied with,
        
        the capacity of the testator has been established, and
        
        the will is genuine, all of which refer to the extrinsic validity of a will
        
        B. Authority of Probate Court
        
        C. 2 Stages of probate
        
        D. Substantial Compliance with Formal Requirements
        
        E. probate court will look only into extrinsic validity of will - General rule, probate court's authority is limited only to the extrinsic validity of the will, the due execution thereof and, testamentary capacity and, compliance with solemnities required by law.
        
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        Substantial Compliance - acceptable where the purpose of the law has been satisfied. Here, sufficient if the spirit behind the law was fulfilled.
        
        Probate proper- deals with extrinsic validity of the will
        
        Certifies due execution and testamentary capacity
        
        2nd phase - intrinsic validity and distribution
        
        Effect of Allowance of a Will - it cannot be impugned on any of the grounds authorized by law, except that of fraud, in any separate or independent action or proceeding.
        
        Limitation on Heirs (Ralia v. Untalan) - Similarly, heirs are precluded from disregarding the provisions of a will. Thus, heirs may validly partition the estate ONLY after the probate.
        
        Nature of Probate Proceedings - Considered a proceeding in rem.
        
        Definition of Probate/Approval/Allowance of a Will - A juridical act whereby an instrument is adjudged as valid and is ordered to be recorded
        
        This is to definitively settle all questions concerning the capacity of the testator and the proper execution and witnessing of his last will and testament.
        
        Extrinsic - Formalities
        
        Intrinsic - Validity of the provisions of the willl, such as dispositions, etc.,
        
        Duties of a Custodian (75.2) -
        
        Duty to Deliver - The person who has custody of a will shall, within twenty (20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will.
        
        Confidentiality - The custodian is a bailee, obligated to keep and preserve the will safely for the benefit of the testator until their death. Similarly, must keep contents of the will inviolate and must not reveal its contents to anyone.
        
        Duties of an Executor (75.3) - Shall present the will to the court having jurisdiction within, within
        
        twenty (20) days after he knows of the death of the testate, or
        
        within twenty (20) days after he knows that he is named executor if he obtained such knowledge after the death of the testator,
        
        Effect of Neglect
        
        Negligence;Fine Custodian and Executor (75.4) - A person who neglects any of the duties required in the two last preceding sections without excused satisfactory to the court shall be fined not exceeding two thousand pesos.
        
        Failure to Deliver;Imprisonment (75. 5) - A person having custody of a will after the death of the testator who neglects without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed to prison and there kept until he delivers the will.
        
        unless the will has reached the court in any other manner, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it.
        
        Custodian - A person who receives a will wit
        knowledge, or under such circumstances that he ought to have known that he was receiving custody of a will.
      - Rule 76 (Sec. 1 - 13) Allowance/Disallowance of A Will
        
        Who May ask for Probate (Sec. 1) -
        
        Any Any executor, devisee, or legatee named in a will
        
        Any other person interested in the estate, after the death of the testator, regardless if the will is in their possession or not, or is lost or destroyed.
        
        testator himself may, during his lifetime
        
        Interest in the Estate - One who would benefit from the estate, such as an heir or a creditor. Rephrased, there must be interest in any of the following:
        
        Estate
        
        Will
        
        Property to be affected by it.
        
        Acquisition of Jurisdiction (76.2) - Acquired by the filing of a petition, alleging the following jurisdictional facts:
        
        Testator’s death
        
        Testator’s residence at the time of death
        
        The place where the testator left estate, if the testator is a non-resident
        
        That the will has been delivered to the court and is in possession thereof, unless the will has not yet been delivered
        
        The value of the estate to determine the jurisdiction of the court
        
        OR the attachment of a copy of the will to the petition.
        
        Names of Heirs and Address - Required to be stated in the petition for probate because it allows the court to determine the persons who are entitled to probate as well as the manner notice shall be given.
        
        Notice by Publication Requirement (76.3) - Upon delivery of the will to a court having jurisdiction or, petition for the allowance of a will is filed, the court shall fix a time and place for the proving of the will.
        
        GR - It shall cause notice of time and place to be PUBLISHED (3) weeks successively, in a newspaper of general circulation in the province.
        
        XCPN - No newspaper publication shall be made where the petition for probate has been filed by the testator himself.
        
        Personal Service;Notice (76.4) -
        
        The court shall also cause copies of the notice of the time and place fixed for proving the will to be addressed to the designated or other known heirs, legatees, and devisees of the testator resident in the Philippines at their places of residence, and deposited in the post office with the postage thereon prepaid at least twenty (20) days before the hearing, if such places of residence be known.
        
        A copy of the notice must in like manner be mailed to the person named as executor, if he be not the petitioner; also, to any person named as coexecutor not petitioning, if their places of residence be known. Personal service of copies of the notice at lest (10) days before the day of hearing shall be equivalent to mailing.
        
        If the testator asks for the allowance of his own will, notice shall be sent only to his compulsory heirs.
        
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        Effect of Non-Publication - the proceeding for the settlement of estate is void and should be annulled. This is because notice by publication is constructive notice to the whole world, and serves as a pre-requisite to the allowance of the will.
        
        This person must establish
        
        Compliance with formalities
        
        Capacity of the testator
        
        Who may Oppose
        
        Probate of holographic Will
        
        Proof of Notarial Will v. Hologrpahic Will
    - - Requisites - Upon compliance with the requisites, the courts may proceed summarily without the appointment of an executor/admministrator
        
        There must be a petition by an interested person alleging fact that estate does exceed P10,000
        
        Who files: Heirs, creditors, or other interested persons
        
        Where: MTC
        
        There must be notice
        
        Published once a week for 3 consecutive weeks
        
        In a newspaper of general circulation in the province
        
        There may also be other notice to interested persons as the court may direct
        
        There must be a hearing
        
        Held not less than 1 month nor more than 3 months
        
        This is counted from the date of the last publication of notice
        
        There would also be a bond in an amount to be fixed by court if personal property is to be distributed [Rule 74.3 see below]
        
        Scope of Court Authority During Hearings -
        
        During the hearing, the court may:
        
        Proceed summarily without the appointment of an executor and administrator;
        
        Admit the will to probate, if any;
        
        Determine the heirs and persons legally entitled to participate in the estate
        
        Once determined, the court can order the payment of debts, if any
        
        Apportion and divide the estate among those entitled
        
        Other powers by the court:
        
        Make orders as may be just with regard to the cost of the proceedings
        
        Order the recording in the office of the clerk all orders and judgments made or rendered during the hearings
        
        Order that the orders and judgments be recorded in the Register of Deeds when the estate involves real estate
        
        A. General rule is judicial administration, except
        
        B. Liability of Distributees; How Enforced?
        
        Liability of the Distributees and Estate (74.4) -
        
        Excluded Heir - If, within 2 years after settlement and distribution of an estate an heir has been unduly deprived of lawful participation in the estate, heir may compel the settlement of the estate.
        
        May also file an action for reconveyance - For De Leon, this is only if 74.4 does not apply i.e., heir did not participate at all in the distribution.
        
        10 years if based on trust,
        
        4 years if fraud - based on the persons executing the EJS
        
        imprescriptible if in actual possession.
        
        Debts - If, within same 2 years, there are outstanding debts unpaid or, heir/other person unduly deprived of lawful participation payable in money, the court may order, after hearing the settlement of the amount of debts or lawful participation with each distributtee contributing in amounts specified by the court.
        
        May issue execution against the bond or against the real estate belonging to the deceased, or both
        
        Filing of a bond (74.3) - The court, before allowing a partition may require the distributees, if property other than real is to be distributed, to file a bond in an amount to be fixed by court, conditioned for the payment of any just claim which may be filed under the next succeeding section.
        
        Period for Claim of Minor (Sec. 5) - If on the date of the expiration of the period of two (2) years prescribed in the preceding section the person authorized to file a claim is a minor or mentally incapacitated, or is in prison or outside the Philippines, he may present his claim within one (1) year after such disability is removed.
        
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        Remedies of Aggrieved Parties after Settlement - Subject to 2 year reglementary period
        
        Claim on the bond for personal properties [Sec. 4, Rule 74]
        
        Claim on lien on real property, notwithstanding any transfers of real property that may have been made [Sec. 4, Rule 74
        
        Judicial settlement of estate [Sec. 4, Rule 74] - For the heirs
        
        Claim brought within 2 year period - The court may order, after hearing the settlement of the amount of debts or lawful participation with each distributtee contributing in amounts specified by the court.
        
        May issue execution against the bond or against the real estate belonging to the deceased, or both
        
        Claim brought after 2 year period
        
        Remedies for Heir -
        
        Judicial Settlement of the Estate - Because RoC requires all heirs.
        
        First, ask the co-heirs
        
        Form - Annul the EJS, as EJS valid until annulled.
        
        After annulment, then reconveyance
        
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        Remedies for Creditors - Execution, against the bond, not annulment.
        
        Claim on the bond
        
        If bond is insufficient, send demand letter to the distributees.
        
        May also enforce the lien on the real property
        
        Otherwise, ordinary action for a sum of money
        
        where no will and no debts
        a. extrajudicial among heirs or adjudication of sole heir
        b. partition, if heirs cannot agree - If the heirs cannot agree as to a partition and no EJS is possible, an ordinary action for partition may be resorted to.
        
        where there are debts but estate small, summary settlement of estate
        
        Scope of The Powers of the Court - Not limited to summary settlement. May make orders as may be just with regard to the cost of the proceedings, as well as the power to order the recording in the office of the clerk all orders and judgments made or rendered in the course of the hearings it may order that the same be recorded in the office of the Register of Deeds when the estate involves real estate.
        
        Claim of Third Person - Third person may NOT claim title and ownership against the decedent int he summary proceedings.
        
        Instead, must be done in an independent action. Otherwise, will be delayed.
    - - Simplified -
        
        No Will
        
        No debts
        
        Heirs are all of Age
        
        Two Documents, Deed of EJS and, Affidavit of Self-adjudication
        
        Form of EJS - Dependent on the number of heirs.
        
        Sole Heir - Sufficient that the heir executes an affidavit of self-adjudication
        
        More than One - Settlement must be made in a public instrument, EJS or
        
        Oral Partition (Vda de. Reyes v. CA) - Oral partition is valid. No requirement that a written instrument is essential to the validity of the partition.
        
        Rationale - The requirement that a partition be put in a public document and registered has for its purpose the protec- tion of creditors and at the same time the protection of the heirs themselves against tardy claims.
        
        The object of registration is to serve as constructive notice to others.
        
        Thus, it follows that he intrinsic validity of partition not executed with the prescribed formalities does not come into play when there are no creditors or the rights of creditors are not affected
        
        Where no such rights are involved, it is competent for the heirs of an estate to enter into an agreement for distribution in a manner and upon a plan different from those provided by law.
        
        Partition among the heirs or renunciation of an inheritance by an heir is not exactly a conveyance of property from one to another. Instead, merely a confirmation or ratification of title or right of property.
        
        On Whom Binding - Being an ex parte proceeding, it can only bind persons who participated or had notice.
        
        Contents of the EJS -
        
        Who are the heirs
        
        The properties involved or estate to be divided
        
        The fact that there are no debts and obligations
        
        And the actual partition
      - Procedure of EJS - Approval is a ministerial duty of the register of deeds.
        
        Division of estate in a public instrument or affidavit of adjudication
        
        Filing of public instrument/affidavit with the proper Registry of Deeds and posting of a bond if the estate has personal property (bond equivalent to amount of personal property)
        
        Publication of notice of the fact of extrajudicial settlement once a week for 3 consecutive weeks in a newspaper of general circulation in the province,
        
        After such other notice to interested persons as the court may direct the court to proceed summarily
        
        On Whom Binding - Binds persons only who participated or, had notice.
        
        Notice must be given before any deed of settlement or partition
        
        Publication is not constructive notice to heirs, instead for the protection of creditors and not to deprive heirs of their lawful participation in the decedent’s estate
        
        Bond Requirement -
        
        Value: The amount of the bond must be equivalent to the value of the personal property involved
        
        When Required: When personal property is involved
        
        Real Property: Real property is subject to lien in favor of creditors, heirs, or other persons for 2 years from the distribution of the estate
        
        After EJS; Annotation - Cancellation of deceased title and issuance of new title.
        
        This new title will be annotated that the property may be subject to the liens.
        
        Annotation - only serves as notice does not prohibit ability to dispose.
        
        Cancellation of Annotation - must be through court
        
        But, after 2 year period the annotation is functus officio. But still need to go through formality of cancellation.
  - - - C. Where estate settled if resident v non-resident
        
        meaning of residence (intent to return or intent to remain) - meaning, the personal, actual or physical habitation of a person, actual residence or place of abode. It signifies physical presence in a place and actual stay thereat
        
        residence pertains to venue only, not jurisdiction, hence waivable
        
        Inhabitant of the PH (citizen or alien) at the time of death - Court of the province where decedent resided at the time of death
        
        Inhabitant of a foreign country at the time of death - Court of any province where decedent had estate
        
        D. Jurisdiction limited to adjudication and settlement of properties of deceased -
        The Probate Court has limited juridsiction, primarily concerned only with ALD or:
        
        Administration
        
        Liquidation
        
        Distribution of Estate
        
        Extent of Authority - These are the only matters relevant to the distribution of the estate of the deceased person.
        
        Determine the heirs
        
        Identify the properties of the estate
        
        Make a just and legal distribution of the estate
        
        Other incidental or collateral matters to the settlement and distribution of estate
        
        E. Exceptions Title to Property (Agtarap v. Agtarap) -
        
        GR - Probate court cannot adjudicate or determine title to properties claimed to be a part of the estate and equally claimed as belonging to outside parties
        
        XCPN -
        2a. Inventory - To determine whether property should or should not be included in the inventory (Provisional only)
        2b. No Impairment - Interested parties are heirs who have all appeared in the proceeding and rights of third parties are not impaired
        2c. Consent - Parties have consented to the probate court passing upon the ownership of a property subject of the probate proceedings
        2d. Collation - The question is one of collation or
        advancement
        
        Requirement of Special proceeding for Heirship -
        
        GR - No need for separate proceeding for determination of heirship before they can exercise rights.
        
        XCPN - if may already existing probate proceedings, they should go through that.
        
        Collateral Jurisdiction (Agtarap v. Agtarap) - its jurisdiction extends to matters incidental or collateral to the settlement and distribution of the estate, such as the determination of the status of each heir and whether the property in the inventory is conjugal or exclusive property of the deceased spouse
        
        Res Judicata; Ownership - If special proceedings have no jurisdiction such as ownership, etc., any rulings are only provisional.
        
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        Provisional Authority - The intestate court may pass upon the title to a certain property for the purpose of determining whether the same should be included in the inventory BUT such determination is not conclusive and is subject to a final decision in a separate action of ownership which may be constitued by the parties.
        
        PRimary Purpose - Settlement of the estate. This is why go through steps.
      - Preference of Testacy - As a rule, there is a preference for testate proceedings over intestate proceedings. Thus, even if intestate proceeding filed first, it may be dismissed with testate upheld.
        
        Requisites for Probate (IN RE: IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF RUPERTA PALAGANAS ) – Petition for probate/allowance of a will must show the following jurisdictional facts
        
        Fact of death of the decedent
        
        His residence at the time of his death in the province where the probate court is sitting
        
        if he is an inhabitant of a foreign country, the estate he left in such province
        
        Names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent
        
        Probable value and character of the property of the estate
        
        Name of the person for whom letters are prayed
        
        If the will has not been delivered to the court, the name of the person having custody of it.
      - Rationale -
        
        If Probate First - Consolidate, because probate can cover everything intestate can + probate is mandatory.
        
        Intestate First - Hold in abeyance, because pending finding of allowance of probate.
    - - Dissolution of Marriage (73.2) - 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
        
        Death of both Spouses - If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.
        
        Process of Probate (73.3) - Courts may issue warrants and process necessary to compel the attendance of witnesses or to carry into effect theirs orders and judgments, and all other powers granted them by law.
        
        Apprehension/Arrest - If a person does not perform an order or judgment rendered by a court in the exercise of its probate jurisdiction, it may issue a warrant for the apprehension and imprisonment of such person until he performs such order or judgment, or is released.
        
        Mandatory Nature - Probate is mandatory
        
        Presumption of Death (73.4) - For purposes of settlement of his estate, a person shall be presumed dead if absent and unheard from for the periods fixed in the Civil Code.
        
        Civil Code Periods -
        
        10 years -> for purposes of opening up the succession
        
        5 years -> if disappeared after age of 75
        
        4 years in special situations
        
        Recovery of Absentee - But if such person proves to be alive, he shall be entitled to the balance of his estate after payment of all his debts. The balance may be recovered by motion in the same proceeding.
    - - Rule of Exclusion - The court taking first cognizance exercises jurisdiction tot he exclusion of all other courts.
        
        Appeal from Jurisdiction -
        
        GR - Such Jurisdiction shall not be contested in a suit or proceeding
        
        XCPN - In an appeal from that court, int he original case OR when the want of jurisdiction appears on the record.
        
        Residual Jurisdiction - If ordinary court has jurisdiciton, continues to exercise jurisdiction over
        
        Modes of Distribution of Estate - 7 available ways, however, specific rules apply to specific instances. Thus, for any given situation, only one correct way of distribution.
        
        Steps - Mode of Distribution determined by extant conditions at time of distribution.
        
        Check if Will
        
        Check Value of the Estate
        
        Check if Creditors
        3a. If yes, Judicial Administration
        
        If No, check # of heirs, will determine mode of intestate administration
      - Factors to Determine -
        
        Residence - Determines Venue
        
        Gross Value of the Estate - Determines which court has jurisdiction in that area