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SPECIAL PROCEEDINGS OUTLINE - Coggle Diagram

- - - - ORDINARY ACTION = FORMAL DEMAND OF RIGHT BY ONE AGAINST ANOTHER
        SPECIAL PROCEEDING = PETITION FOR DECLARATION OF A STATUS, RIGHT, OR FACT
        An [ordinary] 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.
        Pacific Banking v CA 242 S 493
        
        DETERMINATION OF LEGAL HEIRS MUST BE SETTLED FIRST BEFORE RECOVERY OF POSSESSION & OWNERSHIP
        Jurisprudence dictates that the determination of who are the legal heirs of the deceased must be made in the proper special proceedings in court, and not in an ordinary suit for recovery of ownership and possession of property. This must take precedence over the action for recovery of possession and ownership. The Court has consistently ruled that the trial court cannot make a declaration of heirship in the civil action for the reason that such a declaration can only be made in a special proceeding.
        Heirs of Gabatan v CA 581 S 70
        
        SPECIAL PROCEEDINGS:
        
        PETITION FOR LIQUIDATION
        a. What it seeks is merely a declaration by the trial court of the corporation’s insolvency so that its creditors may be able to file their claims in the settlement of the corporation’s debts and obligations. It does not involve claims on a subject matter against a person who has no interest therein. In a liquidation proceeding, the Liquidator, as representative of the corporation, is charged with insuring that the assets of the corporation are paid only to rightful claimants and in the order of payment provided by law.
        
        DETERMINATION OF WHO ARE LEGAL HEIRS
        
        LIQUIDATION vs SETTLEMENT OF ESTATE
        
        Rather, it resembles the proceeding for the settlement of estate of deceased persons under Rules 73 to 91 of the ROC.
        
        They have a common purpose: To determine all the assets and pay all the debts and liabilities of the insolvent corporation or the estate
        
        The Liquidator and administrator or executor are both charged with the assets for the benefit of the claimants - In both instances, the liability of the corp and the estate is not disputed
        
        They both entail the declaration of creditors and their rights, and order of payment
        
        Multiple appeals are also allowed, as corrected held by the Fifth Division of the CA: - A liquidation proceeding is a single proceeding which consists of a number of cases classified as “claims”
        
        It is commenced by the filing of a single petition, and all claims against the insolvent are required to be filed with the liquidation court.
        
        It is a two-phased proceeding.
        
        The first phase involves the approval and disapproval of claims. - The second phase involves the approval of the Court of the distribution plan, as embodied in an Order, which disposes of the issue of how much property is available for disposal.
        
        The final character of an Order of allowance or disallowance of a particular claim is what makes a liquidation proceeding a case where multiple appeals are allowed by law.
        
        It affects only the particular claims involved, which may assume finality if no appeal is made, and ipso facto creates a situation where multiple appeals are allowed.
      - ACTION:
        FORMAL DEMAND AS PRESCRIBED BY
        COURT OR LAW
        An action is a formal demand of one’s right in a court of justice in the manner prescribed by the court or by the law. It is the method of applying legal remedies according to definite established rules.
        A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. A civil action may either be ordinary or special.
        [Natcher v. CA, G.R. No. 133000 (2001)]
        
        SPECIAL PROCEEDING:
        APPLICATION/PROCEEDING TO ESTABLISH STATUS OR RIGHT OF A PARTY OR A PARTICULAR FACT
        The term “special proceedings” may be defined as an application or proceeding to establish the status or right of a party, or a particular fact. [Natcher v. CA, G.R. No. 133000 (2001)]
        
        NO FORMAL PLEADINGS REQUIRED
        Usually, in special proceedings, no formal pleadings are required unless the statute expressly so provides. [Natcher v. CA, G.R. No. 133000 (2001)]
        
        REMEDY GRANTED UPON APPLICATION/MOTION, GENERALLY
        In special proceedings, the remedy is granted generally upon application or motion [Natcher v. CA, G.R. No. 133000 (2001)]
        
        UNLESS
        EXPRESSLY PROVIDED BY LAW
        
        NON-ADVERSARIAL IN NATURE
        General rule: Special proceedings are non-adversarial in nature
        While a special proceeding has one definite party, who petitions or applies for a declaration of a status, right, or particular fact, it has no definite adverse party. [Montañer v. Shari’a District Court, G.R. No. 174975 (2009)]
        
        OPPOSITORS
        Exception: May become adversarial when there are oppositors to the petition [De Leon & Wilwayco, Special Proceedings: Essentials for Bench and Bar (2015)]
    - - SPECIAL PROVISIONS GOVERN
        IF PRESENT
      - AS MUCH AS POSSIBLE
        WITHOUT OBSTRUCTING PROCEEDINGS
        Rules in ordinary actions may be applied in special proceedings as much as possible and where doing so would not pose an obstacle to said proceedings.
        
        APPLICABLE TO SPECIAL PROCEEDINGS:
        
        CERTIFICATION OF NON-FORUM SHOPPING
        a. FOR COMPLAINTS & INITIATORY PLEADINGS
        
        WRITTEN EXPLANATION
        a. FOR NON-PERSONAL SERVICE & FILING
        
        PAYMENT OF FILING FEES
        a. FOR MONEY CLAIMS AGAINST ESTATE
        Provisions of the ROC requiring a certification of non-forum shopping for complaints and initiatory pleadings, a written explanation for non-personal service and filing, and the payment of filing fees for money claims against an estate would not in any way obstruct probate proceedings, thus, they are applicable to special proceedings such as the settlement of the estate of a deceased person in the present case [Sheker v. Sheker, G.R. No. 157912 (2007)]
  - - - TESTATE v INTESTATE
        
        Where estate settled if resident v non-resident
        -meaning of residence (intent to return or intent to remain)
        -residence pertains to venue only, not jurisdiction, hence waivable
        
        Jurisdiction limited to adjudication and settlement of properties of deceased
        
        PROBATE COURT HAS NO JURISDICTION OVER PROPERTY SUBJECT TO CLAIMS BY OTHERS IN THEIR OWN RIGHT
        Every judge should be cognizant of the basic principle that when questions arise as to ownership of property alleged to be part of the estate of a deceased person, but claimed by some other person to be his property, not by virtue of any right of inheritance from the deceased but by title adverse to that of the deceased and his estate, such questions cannot be determined in the courts of administration proceedings.
        The trial court, acting as probate court, has no jurisdiction to adjudicate such contentions, which must be submitted to the trial court in the exercise of its general jurisdiction.
        Uy v Dizon-Capulong 221 S 87
        
        QUESTION OF OWNERSHIP CANNOT BE RESOLVED WITH FINALITY
        In a special proceeding for the probate of a will, the question of ownership is an extraneous matter which the probate court cannot resolve with finality. This pronouncement no doubt applies with equal force to an intestate proceeding.
        Jimenez v CA 184 S 367
        
        NOT MANDATORY FOR COURT TO PROVISIONALLY PASS UPON EXCLUSION
        The probate court 'may' provisionally pass upon the question of exclusion, not 'should'.
        (Pia Barreto v CA 131 S 606)
        
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        (They call it "administration proceeding", but I feel like they really mean special proceedings)
        
        Exceptions:
        
        QUESTIONS ON PROPERTY STILL BELONGING TO ESTATE OF DECEASED MAY BE PASSED UPON IN PROBATE COURT
        
        WITH CONSENT OF ALL PARTIES
        
        WITHOUT PREJUDICE TO THIRD PERSONS
        Questions of title to any property apparently still belonging to estate of the deceased may be passed upon in the Probate Court, with consent of all the parties, without prejudice to third persons such as the herein private complainant
        Trinidad v CA 202 S 106
        
        CONSENT OF:
        
        EXPRESSLY or IMPLIEDLY
        
        CLAIMANT & ALL OTHER PARTIES
        a. HAVING LEGAL INTEREST
        
        3RD PERSONS' UNPREJUDICED
        EXC: When the claimant and all the other parties having legal interest in the property consent, expressly or impliedly, to the submission of the question to the probate court for adjudgment, or the interests of third persons are not prejudiced. -
        Valera v Inserto 149 S 533
        
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        3RD PERSONS ALLOWED TO INTERVENE IN SUCH PROCEEDINGS TO PROTECT INTEREST
        → in fact, third parties are allowed to intervene in such proceedings to protect their interest
        
        INTRINSIC VALIDITY GOVERNED BY NATIONAL LAW OF DECEDENT
        As regards the intrinsic validity of the provisions of the will, the national law of the decedent must apply
        It is a settled rule that as regards the intrinsic validity of the provisions of the will, as provided for by Articles 16(2) and 1039 of the Civil Code, the national law of the decedent must apply.
        In the case at bar, although on its face, the will appeared to have preterited the petitioner and thus, the respondent judge should have denied its probate outright, the private respondents have sufficiently established that Adoracion Campos was, at the time of her death, an American citizen and a permanent resident of Philadelphia, Pennsylvania, U.S.A..
        Therefore, the law governing Adoracion Campos' will is the law of Pennsylvania, U.S.A., which is the national law of the decedent. Under the Pennsylvania law, no legitimes are provided for, and all the estate may be given away by the testatrix to a complete stranger.||| (Cayetano v. Leonidas, G.R. No. 54919, [May 30, 1984], 214 PHIL 460-470)
        Cayetano v Leonidas 129 S 522
        
        "RESIDES" = ACTUAL RESIDENCE
        “Resides" connotes ex vi termini "actual residence" as distinguished from "legal residence” or domicile.
        "RESIDENCE" & "DOMICILE" ARE SYNONYMOUS IN VENUE STATUTES & RULES
        INHABITANT = RESIDENCE= DOMICILE
        Some cases make a distinction between the terms "residence" and "domicile" but as generally used in VENUE STATUTES and RULES (such as Rule 73.1), the terms (residence and domicile) are synonymous, and convey the same meaning as the term "inhabitant."
        PHYSICAL PRESENCE & ACTUAL STAY IN PLACE
        In other words, "resides" should be viewed or understood in its popular sense, 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.
        Garcia Fule v CA 74 S 189
        
        TESTATE PROCEEDINGS TAKE PRECEDENCE OVER INTESTATE PROCEEDINGS
        testate proceedings for the settlement of the estate of a deceased person take precedence over intestate proceedings for the same purpose”
        Cuenco v CA 53 S 360
        
        ONLY AFTER FINAL DECISION AS TO NULLITY OF TESTATE SUCCESSION DOES INTESTATE SUCCESSION TAKE PLACE
        In our system of civil law, intestate succession is only subsidiary or subordinate to the testate, since intestacy only takes place in the absence of a valid operative will. Thus, only after final decision as to the nullity of testate succession could an intestate succession be instituted in the form of pre-established action.
        Rodriguez v Borja 17 S 418
        
        PROBATE IS MANDATORY
        The probate of the will is mandatory. It is anomalous that the estate of a person who died testate should be settled in an intestate proceeding.
        Roberts v Leonidas 129 S 33
        
        PETITION FOR PROBATE AFTER DEPOSITS OF WILL, PETITION RETROACTS TO WILL'S DELIVERY :alarm_clock:
        Where the petition for probate is made after the deposits of the will, the petition is deemed to relate back to the time when the will was delivered.
        
        SIR: WHY IN ABEYANCE?
        If you say that the testate proceeding is superior, you are conceding that the will is valid, you'd be presuming that fact.
        
        Complication, if the probate proceeding for example comes with the ruling that the will is invalid, then conversion of the testate proceeding to an intestate proceeding is an option.
        
        WILL IS FOUND LATER = PROBATE SHOULD REPLACE INTESTATE PROCEEDINGS
        
        EVEN IF ADMIN IS ALREADY APPOINTED
        “Thus, if in the course of 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.
        
        UPON DISALLOWANCE OF WILL, PROCEEDING CONTINUES TO INTESTACY
        This is without prejudice that should the alleged last will be rejected or is disapproved, the proceeding shall continue as an intestacy”
        
        SIR: 1ST QUESTION
        If there is a will, now that's the first question to ask, you ask them that because that's mandatory.
        
        SIR: IF YES, PROBATE
        
        SIR: IF ANS IS NO, ARE THERE CREDITORS?
        Is there are creditors?
        
        IF ANS IS NO:
        You can forego going into intestate proceedings, but it doesn't tell you you can do an extrajudicial settlement.
        
        HOW MANY HEIRS ARE THERE?
        0 - Escheat
        1 - Self-Adjudication
        2 or more - Next question
        
        IS THERE AGREEMENT?
        
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        IF YES, LETTERS OF ADMINISTRATION
        
        SIR:
        The several means of settling the estate is not a menu from which you can pick. The mode OF settlement is dependent on the conditions that are present.
      - MATTERS RELATING TO SETTLEMENT OF THE ESTATE OF A DECEASED PERSON ARE SPECIAL PROCEEDINGS
        Matters relating to settlement of the estate of a deceased person such as advancement of property made by the decedent, partake of the nature of a special proceeding which require the application of specific rules under the Rules of Court.
        (Ching v. Rodriguez)
        
        EXCLUSIVE PROVINCE OF PROBATE COURT IN EXERCISE OF LIMITED JURISDICTION
        Matters which involve settlement and distribution of the estate of the decedent fall within the exclusive province of the probate court in the exercise of its limited jurisdiction.
        Before a court can make a partition and distribution of the estate of a deceased, it must first settle the estate in a special proceeding instituted for the purpose.
        
        ORDINARY COURTS CANNOT RESOLVE ACTS PERTAINING TO A SPECIAL PROCEEDING
        Trial courts trying an ordinary action cannot resolve to perform acts pertaining to a special proceeding because it is subject to specific prescribed rules.
        
        DETERMINATION OF HEIRSHIP INTER ALIA SHOULD BE RAISED & SETTLED IN SPECIAL PROCEEDINGS IF:
        
        SPECIAL PROCEEDINGS ARE PENDING
        OR
        
        NO SPECIAL PROCEEDINGS FILED BUT THERE IS A NEED TO FILE ONE
        If the special proceedings are pending, or if there are no special proceedings filed but there is, under the circumstances of the case, a need to file one, then the determination of, among other issues, heirship should be raised and settled in said special proceedings.
        
        ORDINARY CIVIL ACTION CAN BE FILED FOR DECLARATION AS HEIR TO ANNUL PARTITION/DISTRIBUTION IF:
        
        SPECIAL PROCEDINGS WERE INSTITUTED BUT FINALLY CLOSED & TERMINATED
        OR
        
        PUTATIVE HEIR LOST RIGHT TO HAVE HIMSELF DECLARED IN SPECPRO AS CO-HEIR
        a. + CAN NO LONGER ASK FOR ITS RE-OPENING
        Where special proceedings had been instituted but had been finally closed and terminated, however, 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 a property or properties belonging to the estate of the deceased.
        
        JURISDICTION OF PC ONLY RELATES TO PROBATE/SETTLEMENT OF ESTATE
        GENERAL RULE - The jurisdiction of the trial court, either as a probate or an intestate court, relates only to matters having to do with the probate of the will and/or settlement of the estate of deceased persons, but does not extend to the determination of questions of ownership that arise during the proceedings.
        
        RATIONALE: SPECIAL & LIMITED JURISDICTION
        The plain rationale is that such court merely exercises special and limited jurisdiction.
        
        PROBATE COURT CAN DO:
        
        ONLY INVENTORY
        All that the said court could do as regards said properties is to determine whether or not they should be included in the inventory of properties to be administered by the administrator.
        
        IF THERE IS A DISPUTE, THEN PARTIES, ADMIN, AND OPPOSITORS MUST RESORT TO AN ORDINARY ACTION
        If there is no dispute, there poses no problem, but if there is, then the parties, the administrator, and the opposing parties have to resort to an ordinary action before a court exercising general jurisdiction for a final determination of the conflicting claims of title.
      - SIR: GENERAL vs LIMITED JD
        It cannot exercise general jurisdiction in that it can resolve anything; it is limited only in that it is limited to the adjudication and the settlement of the estate of the deceased
        
        OUTSIDE JD OF THE COURT
        Anything other than this is outside the jurisdiction of the court; therefore, the court cannot make any valid ruling in relation to this. Determination of ownership may not fall within the authority of the court.
        
        SIR: ULTIMATE ACT OF THE PROBATE COURT = SETTLEMENT OF THE ESTATE
    - - SECURING LETTERS OF ADMINISTRATION NOT NEEDED IF:
        
        NO WILL
        
        NO DEBTS
        
        HEIRS ARE ALL OF AGE
        
        MINORS REPRESENTED BY JUDICIAL/LEGAL REPRESENTATIVES
        a. DULY AUTHORIZED FOR THE PURPOSE
        
        THEN:
        HEIRS MAY DIVIDE THE ESTATE AMONG THEMSELVES AS THEY SEE FIT
        
        THROUGH A PUBLIC INSTRUMENT
        a. FILED IN THE OFFICE OF REGISTER OF DEEDS
        
        IF THEY DISAGREE, THEY MAY DO SO IN AN ORDINARY ACTION OF PARTITION
        RULE 74
        Summary Settlement of Estate
        Section 1. Extrajudicial settlement by agreement between heirs. —
        If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition.
        
        SMALL VALUE ESTATE:
        IF GROSS ESTATE <P10,000
        
        FACT IS MADE TO APPEAR TO RTC
        a. HAVING JURISDICTION OF THE ESTATE
        b. BY PETITION OF AN ITNERESTED PERSON
        
        HEARING
        a. HELD 1-3 MONTHS FROM DATE OF LAST PUBLICATION OF NOTICE
        
        NOTICE
        a. PUBLISHED ONCE A WEEK
        b. FOR 3 CONSECUTIVE WEEKS
        c. IN NEWSPAPER OF GENERAL CIRCULATION IN THE PROVINCE
        Section 2. Summary settlement of estate of small value. — Whenever the gross value of the estate of a deceased person, whether he died testate or intestate, does not exceed ten thousand pesos, and
        
        that fact is made to appear to the Court of First Instance having jurisdiction of the estate by the petition of an interested person and
        upon hearing, which shall be held
        not less than one (1) month nor more than three (3) months from the date of the last publication of a notice which shall be
        published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province, and
        
        EFFECT: COURT MAY:
        
        PROCEED SUMMARILY
        a. WITHOUT APPOINTING ADMIN/EXEC
        
        GRANT ALLOWANCE OF WILL:
        a. IF PROPER
        b. WITHOUT DELAY
        after such other notice to interest persons as the court may direct, the court may
        
        proceed summarily, without the appointment of an executor or administrator, and
        without delay, to grant, if proper, allowance of the will, if any there be,
        
        TO DETERMINE WHO ARE LEGALLY ENTITLED TO PARICPATE
        
        TO APPROTION & DIVIDE AMONG THEM
        a. AFTER PAYMENT OF DEBTS OF ESTATE
        b. AS COURT FINDS TO BE DUE
        to determine who are the persons legally entitled to participate in the estate, and
        
        to apportion and divide it among them after the payment of such debts of the estate as the court shall then find to be due;
        
        EFFECT: ENTITLED TO RECEIVE & ENTER INTO POSSESSION OF PORTIONS AWARDED TO SUCH PERSONS:
        
        IN THEIR OWN RIGHT, IF
        a. LAWFUL AGE
        b. LEGAL CAPACITY
        OR
        
        BY GUARDIANS/TRUSTEES LEGALLY APPOINTED & QUALIFIED, IF:
        a. OTHERWISE
        and such persons, in their own right, if they are of lawful age and legal capacity,
        or
        by their guardians or trustees legally appointed and qualified, if otherwise,
        
        shall thereupon be entitled to receive and enter into the possession of the portions of the estate so awarded to them respectively.
        
        IF PROPERTY OTHER THAN REAL IS TO BE DISTRIBUTED, CIOURT MAY:
        
        BEFORE ALLOWING A PARTITION IN ACCORDANCE WITH SEC. 2
        
        REQUIRE DISTRIBUTEES TO FILE A BOND
        a. IN AMT FIXED BY COURT
        b. CONDITIONED FOR PAYMENT OF ANY JUST CLAIM
        c. WHICH MAY BE FILED UNDER SEC. 4
        
        Section 3. Bond to be filed by distributees. —
        The court, before allowing a partition in accordance with the provisions of the preceding section, 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.
        
        HEIR/OTHER PERSON MAY COMPEL THE SETTLEMENT OF THE ESTATE IN COURTS IN THE MANNER HEREINAFTER PROVIDED IF:
        
        HE/SHE HAS BEEN UNDULY DEPRIVED OF LAWFUL PARTICIPATION IN ESTATE
        a. AS SHALL APPEAR AT ANY TIME WITHIN
        2 YEARS AFTER SETTLEMENT AND DISTRIBUTION OF ESTATE :alarm_clock: IN ACCORDANCE WITH SECS. 1 & 2
        Section 4. Liability of distributees and estate. —
        If it shall appear at any time within two (2) years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule,
        
        that an heir or other person has been unduly deprived of his lawful participation in the estate,
        such heir or such other person may compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of satisfying such lawful participation.
        
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        COURT SHALL MAKE SUCH ORDER AS MAY BE JUST RESPECTING COSTS OF PROCEEDINGS
        The court shall make such order as may be just respecting the costs of the proceedings,
        
        ALL ORDERS & JUDGMENTS MADE OR RENDERED:
        
        RECORDED IN OFFICE OF CLERK
        and all orders and judgments made or rendered in the course thereof shall be recorded in the office of the clerk,
        
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        ONE HEIR MAY ADJUDICATE ENTIRE ESTATE TO HIMSELF UPON:
        
        AFFIDAVIT FILED
        a. IN OFFICE OF REGISTER OF DEEDS
        If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filled in the office of the register of deeds.
        
        BOND:
        
        FILED WITH REGISTER OF DEEDS
        
        AMOUNT EQUIVALENT TO VALUE OF PERSONAL PROPERTY INVOLVED
        
        CERTIFIED
        a. UNDER OATH BY PARTIES CONCERNED
        
        CONDITIONED UPON PAYMENT OF ANY JUST CLAIM
        a. WHICH MAY BE FILED per SEC. 4 RULE 74
        The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a pending action for partition,
        OR
        the sole heir who adjudicates the entire estate to himself by means of an affidavit
        
        shall file, simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition, or of the affidavit in the office of the register of deeds,
        a bond with the said register of deeds, in an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed under section 4 of this rule.
        
        PRESUMED NO DEBTS IF:
        
        NO CREDITOR FILES PETITION FOR LOA
        
        WITHIN 2 YEARS AFTER DEATH :alarm_clock:
        It shall be presumed that the decedent left no debts if no creditor files a petition for letters of administration within two (2) years after the death of the decedent.
        
        EXTRAJUDICIAL SETTLEMENT: PUBLISHED IN NEWSPAPER OF GENERAL CIRCULATION
        The fact of the extrajudicial settlement or administration shall be published in a newspaper of general circulation in the manner provided in the next succeeding section;
        
        NOT BINDING ON ANY PERSON WHO:
        
        HAS NOT PARTICIPATED
        
        HAD NO NOTICE THEREOF
        but no extrajudicial settlement shall be binding upon any person who has not participated therein or had no notice thereof.
        
        BOND IS REQUIRED AS A CONDITION PRECEDENT TO
        
        FILING OF PUBLIC INSTRUMENT, OR STIPULATION IN THE ACTION FOR PARTITION
        OR
        
        FILING OF AFFIDAVIT IN OFFICE OF REGISTER OF DEEDS
        
        LETTER OF ADMINISTRATION: AUTHORITY ISSUED BY COURT TO A COMPETENT PERSON IF:
        
        NO EXECUTOR NAMED IN WILL
        
        PERSON DIES INTESTATE
        
        VOID WILL/NOT ADMITTED TO PROBATE
        Letters of administration – authority issued by court to a competent person to administer the estate if
        a. No executor is named in will
        b. Person dies intestate [Sec. 6, Rule 78]
        c. The will is void or is not admitted to probate
        
        LETTERS OF ADMINISTRATION WITH WILL ANNEXED, ISSUED IF EXECUTOR IS:
        
        REFUSES TO ACCEPT TRUST
        
        IS INCOMPETENT
        
        FAILS TO GIVE BOND
        Letters of administration with the will annexed - authority issued by court to a competent person to administer the estate if the executor named in the will:
        a. refuses to accept the trust
        b. is incompetent
        c. fails to give the required bond [Sec. 6, Rule 78]
      - RULE 75
        PRODUCTION OF WILL.
        ALLOWANCE OF WILL NECESSARY
        
        NO WILL SHALL PASS PROPERTY UNLESS:
        
        PROVED & ALLOWED
        a. IN PROPER COURT
        Section 1. Allowance necessary. Conclusive as to execution. — No will shall pass either real or personal estate unless it is proved and allowed in the proper court.
        
        PERSON WHO HAS CUSTODY OF A WILL SHALL DELIVER WILL TO COURT HAVING JURISDICTION OR TO EXECUTOR
        
        WITHIN 20 DAYS AFTER HE KNOWS :alarm_clock: OF TESTATOR'S DEATH
        Section 2. Custodian of will 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.
        
        EXECUTOR SHALL:
        
        WITHIN 20 DAYS AFTER HE:
        a. KNOWS OF TESTATOR'S DEATH
        b. KNOWS HE IS NAMED EXECUTOR (IF HE KNEW OF THIS AFTER DEATH)
        Section 3. Executor to present will and accept or refuse trust. —
        A person named as executor in a will shall, 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,
        
        PRESENT WILL TO THE COURT HAVING JURISDICTION
        a. UNLESS WILL HAS REACHED COURT IN ANY OTHER MANNER
        
        SIGNIFY TO COURT HIS ACCEPTANCE/REFUSAL OF TRUST
        a .IN WRITING
        present such will to the court having jurisdiction, 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.
        
        NEGLECT OF SUCH DUTY = FINE NOT EXCEEDING P2000 IF:
        
        WITHOUT EXCUSE
        a. SATISFACTORY TO THE COURT
        Section 4. Custodian and executor subject to fine for neglect. — 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.
        
        PERSON MAY BE IMPRISONED UNTIL HE DELIVERS WILL IF HE HAS:
        
        CUSTODY OF WILL
        a. AFTER DEATH OF TESTATOR
        
        NEGLECTS TO DELIVER WILL
        a. WITHOUT REASONABLE CAUSE
        b. WHEN ORDERED TO DO SO
        Section 5. Person retaining will may be committed. — 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 REACHED THE COURT IN ANY OTHER MANNER
        
        ALLOWANCE:
        CONCLUSIVE AS TO DUE EXECUTION
        Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.
        
        SUBJECT TO RIGHT OF APPEAL
        
        SUBSTANTIAL COMPLIANCE IN WILLS
        Substantial Compliance is acceptable where the purpose of the law has been satisfied
        • Rationale: the solemnities surrounding the execution of wills are intended to protect the testator from all kinds of fraud and trickery BUT are never intended to be so rigid and inflexible as to destroy the testamentary privilege
        Although there should be strict compliance with the substantial requirements of the law in order to ensure the authenticity of the will, the formal imperfections should be brushed aside when they do not affect its purpose and which, when taken into account, may only defeat the testator's will.
        (Alvarado v. Gaviola)
        
        OBJECT OF SOLEMNITIES OF WILLS
        “The object of the solemnities re: the execution of wills is:
        ▪ to close the door against bad faith and fraud,
        ▪ to avoid the substitution of wills and testaments and
        ▪ to guaranty their truth and authenticity
        
        PROBATE COURT MAY ONLY EXAMINE EXTRINSIC VALIDITY
        As a general rule, the court may only examine and resolve the extrinsic validity of the will in probate proceedings, irrespective of whether its provisions are valid and enforceable or not.
        
        EXCEPT IF WILL IS INTRINSICALLY VOID
        ON ITS FACE,
        
        However, the rule is not absolute. The probate court may pass upon the provisions of the will when there are exceptional circumstances, such as the intrinsic invalidity of the will on its face.
        
        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
        
        LATEST PROVISION DATED & SIGNED VALIDATES ALL SIGNED BUT UNDATED PROVISIONS BEFORE IT
        NCC Article 813. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. (n)
        
        INSERTIONS, CANCELLATIONS, ERASURE, OR ALTERATION REQUIRE FULL SIGNATURE
        NCC Article 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. (n)
        
        WILLS DISALLOWED IF
        • Section 9, Rule 76 of the Rules of Court provides that wills shall be disallowed in any of the following cases:
        
        FORMALITIES NOT COMPLIED WITH
        (a) If not executed and attested as required by law;
        
        INSANITY/MENTALLY INCAPABLE
        TESTATOR ON EXECUTION
        (b) If the testator was insane, or otherwise mentally incapable to make a will, at the time of its execution;
        
        FORCE, DURESS, FEAR, THREATS
        (c) If it was executed under duress, or the influence of fear, or threats;
        
        BENEFICIARY'S PRESSURE AND INFLUENCE
        (d) If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of some other person for his benefit;
        
        FRAUD-ACQUIRED SIGNATURE
        (e) If the signature of the testator was procured by fraud or trick, and
        
        MISTAKE
        he did not intend that the instrument should be his will at the time of fixing his signature thereto."
        
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        ONLY ISSUES IN
        HOLOGRAPHIC WILL
        
        whether the instrument submitted is, indeed, the decedent's last will and testament;
        
        whether said will was executed in accordance with the formalities prescribed by law;
        
        whether the decedent had the necessary testamentary capacity at the time the will was executed; and,
        
        whether the execution of the will and its signing were the voluntary acts of the decedents.
        
        NON-COMPLIANCE WITH 813-814 DOES NOT RESULT IN DISALLOWANCE
        • Failure to strictly observe other formalities will not result in the disallowance of a holographic will that is unquestionably handwritten by the testator.
        • The reqs of Article 813 affects the validity of the dispositions contained in the holographic will, but not its probate.
        
        SPECIFIC PROVISIONS UNSIGNED ARE ONLY ONES INEFFECTIVE
        If the testator fails to sign and date some of the dispositions, the result is that these dispositions cannot be effectuated.
        Such failure, however, does not render the whole testament void.
        Likewise, a holographic will can still be admitted to probate, notwithstanding non-compliance with the provisions of Article 814.
        
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        ONLY ESSENTIAL REQS ARE ART. 810, NOT ART. 813-814
        This separation and distinction adds support to the interpretation that only the requirements of Article 810 of the New Civil Code — and not those found in Articles 813 and 814 of the same Code — are essential to the probate of a holographic will
        
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        RULE 76
        ALLOWANCE or DISALLOWANCE OF A WILL
        
        Who May Ask For Probate;
        
        Probate of Holographic Will';
        
        Proof of Notarial Will v. Holographic Will
        
        ANY INTERESTED PERSON MAY PETITION AT ANY TIME AFTER DEATH
        
        REGARDLESS IF POSSESSED, LOST, DESTROYED
        Section 1. Who may petition for the allowance of will. — Any executor, devisee, or legatee named in a 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.
        
        PETITION MUST CONTAIN:
        Section 2. Contents of petition. — A petition for the allowance of a will must show, so far as known to the petitioner:
        
        JURISDICTIONAL FACTS
        (a) The jurisdictional facts;
        
        HEIRS':
        a. NAMES
        b. AGES
        c. RESIDENCES
        (b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent;
        
        PROBABLE VALUE & CHARACTER OF ESTATE
        (c) The probable value and character of the property of the estate;
        
        NAME OF PERSON FOR WHOM LETTERS ARE PRAYED
        (d) The name of the person for whom letters are prayed;
        
        CUSTODIAN'S NAME, IF NOT DELIVERED
        (e) If the will has not been delivered to the court, the name of the person having custody of it.
        
        NO DEFECT IN PETITION SHALL VOID THE:
        
        ALLOWANCE OF THE WILL
        
        ISSUANCE OF LETTERS TESTAMENTARY
        
        LOA OF WITH WILL ANNEXED
        But no defect in the petition shall render void the allowance of the will, or the issuance of letters testamentary or of administration with the will annexed.
        
        WHEN A WILL IS DELIVERED TO, OR A PETITION FOR ALLOWANCE IS FILED, THE COURT SHALL:
        Section 3. Court to appoint time for proving will. Notice thereof to be published. —
        When a will is delivered to, or a petition for the allowance of a will is filed in, the court having jurisdiction,
        such court shall
        
        FIX TIME & PLACE FOR PROVING WILL WHEN ALL CONCERNED MAY APPEAR TO CONTEST THE ALLOWANCE
        fix a time and place for proving the will when all concerned may appear to contest the allowance thereof, and shall
        
        CAUSE NOTICE:
        a. OF TIME AND PLACE TO BE PUBLISHED 3 WEEKS SUCCESSIVELY
        b. PREVIOUS TO THE TIME APPOINTED
        c. IN A NEWSPAPER OF GENERAL CIRCULATION
        cause notice of such time and place to be published three (3) weeks successively, previous to the time appointed, in a newspaper of general circulation in the province.
        
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        IF TESTATOR HIMSELF PETITIONS,
        NO NEWSPAPER PUBLICATION
        But no newspaper publication shall be made where the petition for probate has been filed by the testator himself.
        (Section 3)
        
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        TESTATOR HIMSELF MAY PETITION INTER VIVOS
        The testator himself may, during his lifetime, petition the court for the allowance of his will.
        (Section 1)
        
        Rule 77
        Probate done outside PH
    - - UPON DISSOLUTION OF MARRIAGE BY DEATH OF EITHER, COMMUNITY PROPERTY SHALL BE:
        
        INVENTORIED
        
        ADMINISTERED
        
        LIQUIDATED
        
        DEBTS PAID
        Section 2. Where estate settled upon dissolution of marriage. — 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.
        
        WARRANTS & PROCESS:
        MAY BE ISSUED BY PC NECESSARY TO:
        
        COMPEL ATTENDANCE OF WITNESSES
        
        CARRY OUT ORDERS, JUDGMENTS, AND POWERS GRANTED BY LAW
        Section 3. Process. — In the exercise of probate jurisdiction, Courts of First Instance 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.
        
        PRESUMED DEAD UNDER NCC = PRESUMED DEAD FOR SETTLEMENT OF ESTATE
        Section 4. Presumption of death. — 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.
        
        IF ALIVE, ENTITLED TO BALANCE OF ESTATE AFTER PAYMENT OF ALL HIS DEBTS
        But if such person proves to be alive, he shall be entitled to the balance of his estate after payment of all his debts.
        
        BALANCE RECOVERED BY MOTION
        The balance may be recovered by motion in the same proceeding.
        
        WARRANT FOR APPREHENSION & IMPRISONMENT MAY BE ISSUED:
        
        IF PERSON DOES NOT PERFORM ORDER/JUDGMENT RENDERED BY PC
        
        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.
        
        APPREHENSION & IMPRISONMENT LASTS
        UNTIL HE PERFORMS :alarm_clock: SUCH ORDER/JUDGMENT or IS RELEASED :alarm_clock:
        
        WHEN: IN THE TESTATE & INTESTATE PROCEEDINGS OF DECEASED SPOUSE
        
        IF BOTH SPOUSES DIED, CONJUGAL PARTNERSHIP LIQUIDATED IN IN/TESTATE PROCEEDINGS OF EITHER!
        If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.
      - CFI TAKING COGNIZANCE OF SETTLEMENT OF ESTATE SHALL EXERCISE JURISDICTION TO EXCLUSION OF ALL OTHER COURTS
        The court first taking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.
        
        JURISDICTION SHALL NOT BE CONTESTED IN A SUIT OR PROCEEDING EXCEPT IN AN APPEAL FROM THAT COURT:
        
        IN ORIGINAL CASE
        
        WHEN WANT OF JD APPEARS ON RECORD
        The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the record.
        
        NOT EXCLUSIVE JURISDICTION
        The Rule on venue does not state that the court with whom the estate or intestate petition is first filed acquires exclusive jurisdiction
        (Cuenco v. CA)
        
        COURT WITH WHOM PETITION IS FIRST FILED MUST ALSO FIRST TAKE COGNIZANCE OF SETTLEMENT OF ESTATE
        The Rule, which deals with venue and comity between courts of equal and co-ordinate jurisdiction, provides that the court with whom the petition is first filed, must also first take cognizance of the settlement of the estate in order to exercise jurisdiction over it to the exclusion of all others.
      - PROBATE OF FOREIGN WILL NOT REQUIRED
        The rules do not require proof that the foreign will has already been allowed and probated in the country of its execution.
        (Palaganas v. Palaganas)
        
        RESIDENCE OF DECEASED or LOC OF ESTATE IS NOT AN ELEMENT OF JOSM BUT MERELY OF VENUE
        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.
        Power to settle decedent's estates is conferred by law upon all CFIs, and the domicile of the testator only affects the venue but not the jurisdiction of the Court.
        (Rodriguez v. Borja)
  - - - QUESTION OF TITLE OR OWNERSHIP CANNOT BE DECIDED UPON BY PC:
        A probate court may not decide a question of title or ownership o
        
        EXCEPT IF:
        XPNs:
        The probate court is competent to decide the question of ownership if:
        
        INTERESTED PARTIES ARE ALL HEIRS
        The interested parties are all heirs
        
        COLLATION/ADVANCEMENT
        The question is one of collation or advancement
        
        CONSENT OF PARTIES
        The parties consent to the assumption of jurisdiction by the probate court
        
        3RD PARTIES' RIGHTS NOT IMPAIRED
        The rights of third parties are not impaired
        (Natcher v. CA)
        
        EXCEPTIONS: JUSTIFIED BY EXPEDIENCY & CCONVENIENCE, PC MAY IN AN IN/TESTATE PROCEEDING
        
        PROVISIONALLY PASS UPON INCLUSION/ EXCLUSION FROM:
        a. INVENTORY OF A PIECE OF PROPERTY
        b. WITHOUT PREJUDICE TO THE FINAL DETERMINATION OF OWNERSHIP IN A SEPARATE ACTION
        First, the probate court may provisionally pass upon in an intestate or a testate proceeding the question of inclusion in, or exclusion from, the inventory of a piece of property without prejudice to the final determination of ownership in a separate action.
- - - - SIR:
        There are some instances that the matter requiring special proceedings are resolved in an ordinary civil action.
        
        SIR:
        All you're limited to is awarding a guardianship, only until that. You cannot pertain to the discharge of the guardianship.
        
        SIR:
        There are several ways by which the estate left by the deceased person gets to be distributed.
        It doesn't stay in that state forever, it gets distributed in several ways.
        
        For any case, there is only one proper mode of distribution