Dear Readers,
Here are some info that would be helpful to you in special proceedings. Happy Reading.
NOTES :SPECIAL PROCEEDINGS
Rules 72 –
(1)
Subject Matters of
Special Proceedings: CATCH AGED SHARC
(a) Change of Name
(b) Adoption
(c) Trustees
(d) Constitution of Family Home
(e) Hospitalization of Insane Persons
(f) Absence and Death, Declaration of
(g) Guardianship and Custody of Children
(h) Escheat
(i) (Voluntary) Dissolution of Corporation
(j) Settlement of Estate of Deceased Persons
(k) Habeas Corpus
(l) (Judicial) Approval of Voluntary Recognition of Minor Natural
Children
(m) Rescission and Revocation of Adoption
(n) Cancellation or Correction of Entries in the Civil Registry
(2)
Special Proceedings is
an application or proceeding to establish
a.
the status or right of a
party,
b. or a particular fact,
How is it commenced?
A special proceeding is commenced by an application, petition or
special form of pleading as may be provided for by the particular rule or law.
I. SETTLEMENT OF ESTATE OF DECEASED PERSONS (Rules 73 – 91)
Settlement of Estate of Deceased Persons, Venue and Process (Rule 73)
Which court has jurisdiction if the decedent is an inhabitant of the Philippines at the time of his
death, whether a citizen or an alien?
(1)
The deceased will shall
be proved, or letters of administration granted, and his estate settled, in the
RTC in the province in which he
resides at the time of his death, and if he is an inhabitant of a foreign
country, the RTC of any province in which he had his estate. The court first
taking cognizance of the settlement of the estate of a decedent, shall exercise
jurisdiction to the exclusion of all other courts (Sec. 1).
Case Sample: John died
leaving property in Laoag City. At the
time of his death he was a resident living in Laoag City, although he is a
citizen of Canada. After his death his wife
moved to Pangasinan, and you are a lawyer of Pangasinan. Where would you file the case for Settlement
of Estate of Deceased Person?
Answer: The case would
then be filed in the RTC of Ilocos Norte, as a CFI to the exclusion of all
other courts.
(2)
Under RA 7691, the law
expanding the jurisdiction of the inferior courts, MTC, MeTC and MCTC shall
exercise exclusive original jurisdiction over
probate proceedings, testate and intestate, where the value of the estate
does not exceed P300,000 (outside Metro Manila) or where such estate does not
exceed P400,000 (in Metro Manila).
Added Answer: So if the
estate of John is worth P200K, this would be filed in the MTC of Laoag City.
QUESTION:
If the estate of a
deceased falls within the Jurisdiction of the RTC, are their any limits?
(3) Yes, the jurisdiction of the RTC is limited to the settlement and
adjudication of properties of the deceased and cannot extend to collateral
matters.
Venue in judicial settlement of estate
WHEN THE DECEDENT IS A RESIDENT:
(1) The residence of the decedent at the time of
his death is determinative of the venue of the proceeding. If he was a resident
(inhabitant) of the Philippines, venue is laid exclusively in the province of
his residence, the jurisdiction being vested in the Regional Trial Court
thereof. Residence means his personal, actual, or physical habitation, his
actual residence or place of abode.
WHEN THE DECEDENT IS A
NON-RESIDENT
Daisy is a resident of Canada.
At the time of her death in San Nicolas, Ilocos Norte during a vacation, where
she left some real estate property worth P100,000, her two children filed in
the MTC for settlement of the estate. If
you were the judge, how would you rule?
Answer: The case is dismissed for lack of jurisdiction. The case should
be filed in the RTC having jurisdiction over the property of the decedent whose
estate is subject of the case, coupled with the fact that probate, testate and
intestate proceedings are under the jurisdiction of the RTC as provided in Rule
73 Section 1 of the Rules of Court.
(2)
It is only where the
decedent was a nonresident of the Philippines at the time of his death that
venue lies in any province in which he had estate, and then CFI thereof first
taking cognizance of the proceeding for settlement acquires jurisdiction to the
exclusion of other courts. The question of residence is determinative only of
the venue and does not affect the jurisdiction of the court. Hence, the
institution of the proceeding in the province wherein the decedent neither had
residence nor estate does not vitiate the action of the probate court.
The two children of
Daisy file in separate RTC’s. Which case
should prevail?
Answer:
(3) Where the proceedings were instituted in two courts and the question of
venue is seasonably raised, the court in
which the proceeding was first filed has exclusive jurisdiction to resolve the
issue (De Borja vs. Tan, 97 Phil. 872).
Explain the extent of jurisdiction of Probate Court
(1)
The main function of a
probate court is to settle and liquidate the estates of deceased person either
summarily or through the process of administration. The RTC acting a s a
probate court exercises but limited jurisdiction, thus it has no power to take
cognizance of and determine the issue of title to property claimed by a third
person adversely to the decedent unless the claimant and all other parties have
legal interest in the property consent, expressly or impliedly, to the
submission of the question to the probate court. In that case, if the probate
court allows the introduction of evidence on ownership it is for the sole
purpose of determining whether the subject properties should be included in the
inventory, which is within the probate court’s competence. The determination is
only provisional subject to a proper action at the RTC in a separate action to
resolve the title.
Janes mother left a will
which was in probate which included in inventory, the investment
properties. Janes half brother raised
the question of ownership of the properties since these were properties of his
their father prior to his marriage to Janes mother. Will the questions raised
prosper?
No comments:
Post a Comment