Special Proceedings

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Remedial Law: Special Proceedings Herrera AbridgedSPECIAL PROCEEDINGS GENERAL PROVISION RULE 72 SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES Sec. 1. Subject matter of special proceedings. - Rules of special proceedings are provided for in the following cases: (a) Settlement of estate of deceased persons; (b) Escheat; (c) Guardianship and custody of children; (d) Trustees; (e) Adoption; (f) Rescission and revocation of adoption; (g) Hospitalization of insane persons; (h) Habeas corpus; (i) Change of name; (j) Voluntary dissolution of corporations; (k) Judicial approval of voluntary recognition of minor natural children; (l) Constitution of family home; (m) Declaration of absence and death; (n) Cancellation or correction of entries in the civil registry. Sec. 2. Applicability of rules of civil actions. - In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings. Action: a formal demand of ones right in a court of justice in the manner prescribed by the court or by the law. Special proceeding; an application or proceeding to establish the status or right of a party or a particular fact. Enumeration in Section 1 is not exclusive. Petition for liquidation of an insolvent corporation is a special proceeding because it seeks a declaration by the trial court of the corporations insolvency so that its creditors may be able to file their claims in the settlement of the corporations debts and obligations. Multiple appeals are also allowed here.

Cases covered by the Interim Rules of Intra-corporate controversies are ordinary civil actions. Corporate recovery, petition for rehabilitation is also a special proceeding because it sought to establish the inability of the corporate debtor to pay its debts when they fall due. Action for reconveyance is an ordinary civil action where matters relating to settlement of estate cannot be adjudicated. Arbitration under a contract or submission is also a special proceedings. Special proceedings under ADR law: recognition and enforcement of an arbitration agreement or for vacation, setting aside, correction or modification of an arbitral award, application with a court for arbitration assistance and supervision.

SETTLEMENT OF ESTATE OF DECEASED PERSONS RULE 73 VENUE AND PROCESSES Sec. 1. Where estate of deceased person settled. - If the decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of First Instance of any province in which he had estate. The court first

Notsoheavenly notes ***

Remedial Law: Special Proceedings Herrera Abridgedtaking cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts. 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. Special proceeding for the settlement of estate of deceased: Testate-with will Intestate- no will

Probate of will is mandatory and so it takes precedence over intestate. If in the course of intestate, a will has been found out, probate should replace the intestate even if an administrator has already been appointed; intestate case should be consolidated with the testate proceeding and the judge assigned to the testate should continue hearing the two cases. MTC shall exercise exclusive jurisdiction over probate proceedings, testate or intestate where the value of the estate does not exceed P300,000. Rule prescribing the court where the decedents estate shall be settled at the place of residence of the deceased is not an element of jurisdiction over the subject matter but merely of venue. Residence- actual or physical habitation of a person, not legal domicile, but must be more than temporary.

Coverage of probate jurisdiction Settlement of estate Probate of wills of deceased persons Appointment and removal of administrators and executors Selling and mortgaging or encumbering realty Jurisdiction of probate court is limited, special and exclusive and does not extend to the determination of questions of ownership that arise during the proceedings. The court may pass upon the title for the purpose of determining whether the same should or should not be included in the inventory but it is not conclusive and is still subject to final decision in a separate action. The approval of the probate court of the conditional sale is not a conclusive determination of the intrinsic or extrinsic validity of the conditional sale but a mere recognition of the right of an heir to dispose of her rights and interest over her inheritance even before partition. The purchaser of property under administration is forced intervenor in the intestate proceeding and should answer the amended petition for the annulment of the sale. Order of the probate court which has the effect of depriving a lessee of part of the estate wihout the lease contract having been terminated or annulled in a separate action instituted for that purpose is null and void. The rule that the court first taking cognizance of the settlement of the estate of the deceased, shall exercise jurisdiction to the exclusion of all other court applies to both testate and intestate proceedings. Claims for title to, or right of possession of, personal or real property, made by the heirs themselves, by title adverse to that of the deceased, or made by third persons, cannot be entertained by the probate court. Determination of the questions of title to the subject properties in the probate court is merely provisional, and petitioners are not barred from instituting the appropriate action. Exception: Probate court has jurisdiction to resolve the issue of ownership when the parties interested are all heirs of the ceased and they submitted the question of title to the property, without prejudice to third persons. An order to include properties in the inventory is merely provisional and interlocutory.

Notsoheavenly notes ***

Remedial Law: Special Proceedings Herrera Abridged A judicial declaration that a certain person is the only heir of the decedent is exclusively within the range of the administration proceedings and cannot properly be made an independent action. Application of attorneys fees may be made before and passed upon by the probate court in the same proceedings where attorneys services were rendered.

Sec. 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. If both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceedings of either. In the settlement proceedings of the estate of the deceased spouse, the entire conjugal partnership property of the marriage and not just the one-half portion belonging to the deceased is under administration.

Sec. 3. Process. - In the exercise of probate jurisdiction, Court of First Instance may issue warrants and processes necessary to compel the attendance of witnesses or to carry into effect their orders and judgments, and all other powers granted them by law. If a person does not perform an order of 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. Sec. 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. 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.

No independent action for declaration of presumption of death. SC rule that where due to circumstances a person was already considered as dead without waiting for the period to expire and be presumed dead. RULE 74 SUMMARY SETTLEMENT OF ESTATES

Sec. 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. If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed in the office of the register of deeds. 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 rul