SPECPRO TNOTES.docx(1) (1).pdf

SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN GENERAL PROVISION another for the enforcement or protection of a RULE 72 right, or the preven...

SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN GENERAL PROVISION another for the enforcement or protection of a RULE 72 right, or the prevention or redress of a wrong. A civil action may either be ordinary or special. Both are governed by the rules for Subject Matter and Applicability of General ordinary civil actions, subject to the specific Rules rules prescribed for a special civil action. xxxx Section 1. Subject matter of special (c) A special proceeding is a remedy by proceedings. — Rules of special which a party seeks to establish a status, a proceedings are provided for in the following right, or a particular fact. cases: (a) Settlement of estate of deceased persons; Note lang sa specpro, usually “petition” sya. (b) Escheat; (c) Guardianship and custody of children; Kasi purpose nga is to to establish a STATUS, (d) Trustees; RIGHT or PARTICULAR FACT. Wala ka (e) Adoption; namang kaaway dito. (f) Rescission and revocation of adoption; (g) Hospitalization of insane persons; Status (h) Habeas corpus; (i) Change of name; You file a petition for adoption. You (j) Voluntary dissolution of corporations; are there to establish a status of a (k) Judicial approval of voluntary relationship of paternity and filiation by recognition of minor natural children; fiction of law. Now under (l) Constitution of family home; administrative procedures (DSWD). (m) Declaration of absence and death; Another is a petition for naturalization (n) Cancellation of correction of entries in which pertains to a status of the civil registry. citizenship. An action for annulment of marriage. Section 2. Applicability of rules of civil actions. A change of status of being married to — In the absence of special provisions, the be reverted to being single. rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings. Right A land registration case, a subject of Special Proceedings, Defined. special courts. You are there to A special proceeding is a remedy by which a establish a right that you are the party seeks to establish a status, a right, or owner in fee simple of a real property. a particular fact. This is as distinguished Particular Fact from a civil action that is one by which a party sues another for the enforcement or Probate of a will which is to establish protection of a right, or the prevention or that this is the last will and testament redress of a wrong. of the decedent. Another is a petition for declaration of (Rule 1) Section 3. Cases governed. – These insolvency, a fact that you are a Rules shall govern the procedure to be person that is financially dead – his observed in actions, civil or criminal, and liabilities are more than his assets. special proceedings. Only for natural persons (Partnership (a) A civil action is one by which a party sues and Corporation is under SEC in 1 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN Commercial Law) no need to go to court. Under there the Family Code, Art. 172, recognition of Habeas corpus – establish a fact that illegitimate children can be done thru (1) the detention is illegal record of birth or decision of a court, (2) (Atty: Personal opinion that this is acknowledgment by public instrument or more of a civil action as the party is handwritten acknowledgment (Dear Anak, trying to protect a right) I am sending you your allowance for...). Applicable Rules You are calling him your son or anak. You are already acknowledging him as your Procedurally speaking, a special proceeding child. In itself, that is already voluntary. It has its own rules. Sui generis. That is why we is not necessary for you to go to court. will be discussing settlement of the estate. Constitution of family home. The Family Meron syang kanyang rules. Likewise, a Code provides that once there is a head petition for adoption, or declaration of of a family, automatically, the home is absence, it has its own specific rules. Etc. constituted as a family home without The rules on ordinary civil actions may, doing any further act. When is there a however, be used in a suppletory manner. head of a family? Is it required that you For instance, if you are filing a petition and it is must be married, or have children? No. an initiatory pleading, it must contain a Head of a family means you are certification against forum shopping. supporting somebody whom the law requires you to support like your parents, Subject matter of special proceedings children, siblings. There are certain Rule 72 enumerates the subject matter of persons under the law who are required special proceedings. Note, however, that there to support each other. are those provisions here that have already Family home is recognized for the been amended. exemption of execution in a judgment. For instance, adoption. There is now a Family home is one of the properties special rule on adoption. exempted to be attached for the Guardianship of minors is already a execution of a judgment. special law although the difference here is Q: What court has the jurisdiction to not much. Essentially, it is the same on entertain special proceedings? substantial point except for jurisdiction where you go to the Family Court, not the A: As a rule, only the Regional Trial Court. regular courts, among others. Cases for [EXCLUSIVE ORIGINAL] adoption is also cognizable by Family (BP 129) Section 19. Jurisdiction in civil Courts. cases. – Regional Trial Courts shall Voluntary dissolution of corporations. You exercise exclusive original jurisdiction: consider also the provisions of the Corporation Code on voluntary dissolution. (1) In all civil actions in which the subject Judicial approval of voluntary recognition of the litigation is incapable of of minor natural children. This has been pecuniary estimation; rendered pro tanto by the Family Code (2) In all civil actions which involve the title because now, there are 2 decisions to, or possession of, real property, or rendered by J. Vitug that If it is voluntary any interest therein, where the recognition of illegitimate children, there is assessed value exceeds Four hundred 2 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN thousand pesos (P400,000.00), except MTC = gross value of estate does not for forcible entry into and unlawful exceed P2,000,000, whether testate or detainer of lands or buildings, original intestate. This is due to a specific jurisdiction over which is conferred conferment of the law (BP 129, Section upon the Metropolitan Trial Courts, and 33(1)) Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal (BP 129) Section 33. Jurisdiction of Circuit Trial Courts; (as amended by Metropolitan Trial Courts, Municipal RA 11576 in 2021) Trial Courts and Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts, Municipal Trial Courts, (3) In all actions in admiralty and maritime and Municipal Circuit Trial Courts shall jurisdiction where the demand or claims exercise: exceeds Two million pesos (1) Exclusive original jurisdiction (P2,000,000.00); (as amended by RA over civil actions and probate 11576 in 2021) proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the ***probate related section*** value of the personal property, estate, (4)In all matters of probate, both estate and or amount of the demand does not intestate, where the gross value of the exceed Two million pesos estate exceeds Two million pesos (P2,000,000.00), exclusive of interest (P2,000,000.00) damages of whatever kind, attorney's (5)In all actions involving the contract of fees, litigation expenses, and costs, marriage and marital relations; the amount of which must be (6)In all cases not within the exclusive specifically alleged: Provided, That jurisdiction of any court, tribunal, person where there are several claims or or body exercising jurisdiction or any causes of action between the same or court, tribunal, person or body exercising different parties, embodied in the judicial or quasi-judicial functions; same complaint, the amount of the (7)In all civil actions and special demand shall be the totality of the proceedings falling within the exclusive claims in all the causes of action, original jurisdiction of a Juvenile and irrespective of whether the causes of Domestic Relations Court and of the action arose out of the same or Courts of Agrarian Relations as now different transactions; provided by law. Gross value of the estate should be alleged Juvenile and Domestic Relations Court is in the petition for the court to acquire now with the Family Court. jurisdiction Pursuant to No. 6 of Section 19 of BP 129, Q: In what other instances may the MTC unless there is a specific law conferring exercise jurisdiction in special upon a particular court the authority to proceedings? hear special proceedings, it belongs with A: None. The only special proceedings the RTC. wherein the MTC has jurisdiction is probate Jurisdiction on Settlement of the where the gross value of the estate does not Estate. exceed P2 million. RTC = gross value of estate exceeds However, there are cases where the court P2,000,000. 3 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN can also exercise in certain instances MTC’s Special Jurisdiction in Certain jurisdiction over special proceedings. Let’s Cases go back again in Section 34 of BP 129: Section 34. Delegated jurisdiction in (BP 129) Section 35. Special jurisdiction in cadastral and land registration cases. – certain cases. – In the absence of all the Metropolitan Trial Courts, Municipal Trial Regional Trial Judges in a province or city, Courts, and Municipal Circuit Trial Courts any Metropolitan Trial Judge, Municipal Trial may be assigned by the Supreme Court to Judge, Municipal Circuit Trial Judge may hear hear and determine cadastral or land and decide petitions for a writ of habeas registration cases covering lots where corpus or applications for bail in criminal there is no controversy or opposition, or contested lots the where the value of cases in the province or city where the absent which does not exceed One hundred Regional Trial Judges sit. thousand pesos (P100,000.00), such value to be ascertained by the affidavit of It involves habeas corpus cases. But the MTC the claimant or by agreement of the may only exercise jurisdiction if there is respective claimants if there are more than absence of any RTC judge. one, or from the corresponding tax Again, MTC exercises jurisdiction in: declaration of the real property. Their decisions in these cases shall be probate where the gross value of the appealable in the same manner as estate does not exceed P2 million. decisions of the Regional Trial Courts. (as (meaning 2 million below) amended by R.A. No. 7691) However, as a rule, land registration and Delegated jurisdiction in cadastral and land cadastral cases do not belong to the registration cases MTCs. Habeas corpus cases in the absence of all It may only be exercised by the MTCs if the Regional Trial Judges in a province or they are delegated by the Supreme Court. city where the absent Regional Trial If there is no specific delegation, it goes to Judges sit. the RTC. Q: When may the exercise of this delegated Q: What is the nature of the estate of the jurisdiction in cadastral and land deceased person? registration cases be exercised by the A: It is a juridical entity. MTC? Is it always necessary that the gross value does not exceed P100K? Settlement of estate is for the administration, liquidation and distribution A: No. If the proceeding is not contested, of the estate. Gross Estate includes assets meaning there is no opposition, irrespective of and liabilities. (A-L-D) the value, the MTC can exercise the delegated jurisdiction. However, if the proceeding is contested, that’s the only time when the P100K value becomes determinative of the exercise of this delegated jurisdiction. 4 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN SETTLEMENT OF THE ESTATE OF Q: What are the two kinds of Settlement of DECEASED PERSONS Estate? A: Q: What are the modes of settlement of the Estate of a Deceased Person? JUDICIAL EXTRAJUDICIAL A: SETTLEMENT SETTLEMENT 1. Summary Settlement (small value estate) (Rule * Testate (decedent A proceeding where left a will) or intestate the decedent left no 74); proceeding (decedent will and the heirs 2. Extrajudicial Settlement (Rule 74); did not leave a will) adjudicate the estate 3. Partition (Rule 69); and among themselves 4. Settlement through letters testamentary or *instituted in the without seeking letters of administration with or without will country where the letters of annexed (Rule 73, 75-90) decedent had his administration (R74, residence or had S1). estate if a Q: What is the Nature of Settlement of Estate? nonresident. (R74, A: The settlement of a decedent’s estate is a S2). proceeding IN REM. All interested persons a. Summary judicial whether known to the parties or not may be proceedings (if value bound by it. (Philippine Savings Bank vs. of the estate is below Lantin, G.R. No. L33929, 1983) P10,000). b. Regular settlement proceedings. In rem proceedings - where the object of the suit is to bar indiffirently all those who might be minded to object to the status, right, or fact Q: Which court has jurisdiction over the to be established. estate settlement proceedings? (again ulit ulit) A: It depends on the gross value of the estate In personam - where the object of the suit is only to have a claim or to claim a liability RA No. 11576 against an individual. RTC MTC Q: Can there be an extrajudicial settlement of Gross value of the Gross value of the the estate of a testator? (meaning may will) estate exceeds estate is P2,000,000 P2,000,000. or below. A: No. Probate of a will is mandatory. (R75, S1). The heirs may only validly partition the estate only after the will has been probated. Q: When does the probate court acquire (Ralla v. Untalan, G.R. Nos. L-63253-54, 1989; jurisdiction over the estate settlement Union Bank v. Santibanez, G.R. No. 149926, proceedings? 2005) [testator - meaning testate with a will] A: Upon filing of the petition for its allowance or upon delivery of the will to the court, even if no petition for its allowance was filed until later because upon the will being deposited, the court could motu proprio have taken steps to fix time and place for proving the will and 5 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN issued notices in accordance with Rule 76, Sec even if at that stage an administrator had 3. (Rodriguez v. Borja, G.R. No. L-21993, 1966) already been appointed, the latter being required to render final account and turn over Q: What are the rules regarding the Preferential the estate in his possession to the executor Jurisdiction of the Probate Court? subsequently appointed but this is without A: prejudice to the fact that should the alleged last GR: The court first taking cognizance will be rejected or is disapproved, the of the settlement of the estate of the decedent proceeding shall continue as intestacy. (Uriarte shall exercise jurisdiction to the exclusion of all vs CFI Of Negros, G.R. Nos. L-21938-39,1970) other courts. (Rule 73, Sec. 1; Vda. De Chua vs CA. G.R. No. 116835, 1998) [EXCLUSIONARY If separate proceedings have been instituted for PRINCIPLE] each estate, both proceedings may be consolidated if they were filed in the same It cannot be divested of such jurisdiction by the court. (Bernardo v. CA, G.R. Nos. 111715 & subsequent acts of the parties (e.g. if they 112876, 2000) entered into an extrajudicial partition settlement or filed another petition for settlement in a So ganito sya: proper court of concurrent venue). (Cuenco v. 1. Court handling the case will suspend of CA, G.R. No. L24742, 1973) the intestate proceeding until will’s validity can be determined XPN: such court, may upon learning that: a 2. The person who found the will or any petition for probate of the decedent's last will interested party must file a petition for has been presented in another court where the the probate of the will in court (discovery decedent obviously had his conjugal domicile of the will changes the nature of the and resided with his surviving widow and their proceedings from intestate to testate) minor children, and that the allegation of the 3. Court will notify all interested parties, intestate petition before it stating that the including the heirs, creditors, and decedent died intestate may be actually false, anyone affected by the discovery of the may decline to take cognizance of the petition will (opportunity to contest or support the and hold the petition before it in abeyance, and will’s probate) instead defer to the second court which has 4. Court will then hold hearings to before it the petition for probate of the determine the will's validity (pag valid decedent's alleged last will. (Cuenco v. CA, ung will magproceed ung TESTATE G.R. No. L-24742, 1973) proceeding) 5. Once the will is probated and validated, Q: What would happen If intestate proceedings the intestate proceedings will be have commenced but a will of the decedent officially terminated was later found? 6. Court will oversee the implementation of A: Probate of a will is mandatory and takes the will, including appointing the precedence over intestate proceedings. If in the executor or administrator (if one is course of intestate proceedings pending before named in the will) and ensuring that the a court, it is found that the decedent had left a decedent's wishes, as expressed in the last will, proceedings for the probate of the will, are carried out latter should replace the intestate proceedings 6 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN XPN: If the will is contested and declared Philippines. any of the decedent’s invalid, the estate will continue to be settled as properties are an intestate estate located. Where do you file? Where is the venue in RULE 73 the settlement of the estate proceedings? Venue and Process If the decedent is an inhabitant or, preferred Section 1. Where estate of deceased term is, a “resident” of the Philippines at the persons settled. — If the decedent is an time of his death, whether a citizen or an inhabitant of the Philippines at the time of his alien, his will shall be proved, or letters of death, whether a citizen or an alien, his will administration granted, and his estate shall be proved, or letters of administration settled, in the Court in the province or city granted, and his estate settled, in the Court of in which he resides at the time of his First Instance in the province in which he death. resides at the time of his death, and if he is If the decedent is a non-resident, and if he an inhabitant of a foreign country, the Court of is resident of a foreign country, the Court of First Instance of any province in which he any province in which he had estate. had estate. The court first taking cognizance of the settlement of the estate of a decedent, IMPORTANT! shall exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by a If given a question for the venue of settlement court, so far as it depends on the place of of estate, the first thing to ask is whether the residence of the decedent, or of the location decedent is residing in the Philippines at the of his estate, shall not be contested in a suit time of death. If yes, it will be in the or proceeding, except in an appeal from that city/province of residence during death and if court, in the original case, or when the want of not, it will be in any city/province where he has jurisdiction appears on the record. an estate. This rule is irrespective of whether the decedent is a Filipino or an alien as the *** rules say inhabitant of the Philippines. Q: What is the Proper Venue? Residence is not the same as domicile. A: It depends upon the residency of the Residence → the actual physical abode of the decedent at the time of death. person where he/she is actually staying. In settlement of estate, the jurisdiction (venue) is Residence refers to the actual or physical the residence at the time of his/her death. habitation of the decedent and not his permanent or legal residence of domicile. Exclusionary rule (Fule v. CA, G.R. Nos. L40502 & 42670, 1976; If the decedent is not a resident of the Pilipinas Shell v. Dumlao, G.R. No. 44888, Philippines and he left estate in Manila, 1992). Pampanga, Tawi-Tawi, Davao, and Cebu, you can choose where to file it. However, the first court taking cognizance of the settlement DECEDENT is… VENUE shall exercise jurisdiction to the exclusion of Philippine resident Decedent’s place of all other courts. residence. “The first in time has the priority in right.” Non-resident of the In any place where There are certain exceptions here like if the 7 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN first filing is for letters of administration (no by a petition for certiorari. will) and a will is found afterwards and filed a Otherwise, you have to wait until the probate of this will, the second filing of will, case is decided, and you only raise it will take precedence based on decided cases on appeal. of the court. This is practically the rule now that we have. You know, you are also only Procedure to question jurisdiction or venue raising certiorari when there is a Next, this is the procedure to question jurisdictional issue. In other words, jurisdiction or venue. where the court has no jurisdiction over the subject matter, or where the If you want to question jurisdiction assumed court has jurisdiction but it exceeded by a court (when we speak of jurisdiction, it the limits of that jurisdiction or power, relates to the place of residence of the or he committed grave abuse of decedent, or the location of the estate), it discretion amounting to lack of cannot be contested, except in an appeal jurisdiction. If residence of the from that court, in the original case, or when decedent appears on the record, the want of jurisdiction appears on the record. notwithstanding that it is on record, (BP 129) Section 35. Special jurisdiction in you filed it in another place, that is certain cases. – In the absence of all the already grave abuse if the court [heard Regional Trial Judges in a province or city, the case], despite bringing it to its any Metropolitan Trial Judge, Municipal Trial attention by filing a motion to that Judge, Municipal Circuit Trial Judge may hear effect on the matter of proper venue. and decide petitions for a writ of habeas Uriarte vs. Court of First Instance of corpus or applications for bail in criminal Negros Occ.,33 SCRA 252, May 29, 1970 cases in the province or city where the absent Regional Trial Judges sit. FACTS: Juan Uriarte y Goite died in Spain and he left reasonable properties in the Philippines. Vicente Uriarte, who is claiming to Meaning, as a GENERAL RULE, you be the son and sole heir of the deceased, filed cannot challenge it by a petition for a petition for the intestate settlement of the certiorari if the issue is of jurisdiction, estate of the deceased in the Court of First in so far as it relates to the residence Instance of Negros Occidental. However, said of the decedent, or the location of his petition was opposed by the nephews of Juan estate. You can only question it thru stating that there is a valid will left by the an appeal in the original case. So, it deceased in Spain, a copy of which is being excludes special civil actions. requested. Then, the nephews filed a settlement of the estate in the court of Manila, However, itong “or when the want of on the basis of the alleged will of the jurisdiction appears on the record,” deceased. Vicente filed an opposition to the unless venue or jurisdiction appears settlement of estate in the court of Manila on record. For instance, the petitioner stating that the court of Negros Occidental himself says that the decedent, at the has already acquired original jurisdiction time of his death, was a resident of over the case. The opposition of Vicente was Angeles City. He files it in City of San dismissed together with the intestate Fernando. Jurisdiction or the residence settlement In the CFI of Negros. Hence, of the decedent appears on the record. Vicente filed a petition for certiorari In which case, you can challenge that questioning the dismissal of the intestate 8 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN settlement in the CFI of Negros. syang 1st wife. He became a widower. He remarried and established a new residence in ISSUE: WON the intestate settlement should QC. When he died, the children of 1st family be dismissed. filed with the court of Cebu a petition for the HELD: The Supreme Court held that the settlement of the estate for the property of dismissal of the intestate proceeding by CFI of late Cuenco. The petition there was a petition Negros is proper. for the granting of letters of administration → that is an intestate proceeding, as if he died While it is true that the Negros Court that first without a will. acquired jurisdiction over the proceedings, nonetheless, Vicente knowing fully well that A week later or 2 weeks, the 2nd wife and 2nd there is petition for the probate of the will children, QC fam, opposed the petition in pending in the Manila Court never bothered to Cebu saying that the late Senator Cuenco left question the jurisdiction assumed by the a will and that will has been submitted for Manila Court. There is already waiver of probate in the court of QC. And that Cuenco jurisdiction. was a resident of QC at the time of his death, he is not anymore residing in Cebu. Although we are using the term jurisdiction, that is not jurisdiction. The Cebu court: This court defers to the QC court word jurisdiction there should not be taken considering that the petition there is a petition as jurisdiction per se, it relates to venue. for the probate of the will, e dito intestate [on And in civil cases, venue is waivable. Since the principle that testate has precedence over Vicente never questioned the assumption of intestacy]. Although this is the 1st court that jurisdiction by the Manila Court, acquired jurisdiction, may testate he has already waived improper proceedings sa QC. venue/jurisdiction. QC: Cuenco is a resident of QC. He is Also, testate proceedings, for the settlement residing there. Pero the 1st family never of the estate of a deceased person take question the assumption of jurisdiction by the precedence over intestate proceedings for QC court. the same purpose. But suspended ang proceedings ng Cebu He should have questioned the assumption saying that the court of Cebu will only of jurisdiction by Manila. He did not. It took assume jurisdiction on the event that the will him more than 1 year to question it. It waited is not allowed for probate. Despite that ruling until the Manila court has issued the of suspension, it was not questioned by the resolution admitting the will for probate. 1st family. Cuenco vs. Court of Appeals, 53 SCRA Walang appearance ang 1st family sa QC to 360, October 26, 1973 oppose the assumption of jurisdiction by the QC court. After more than a year, QC court While there is such a thing as the first court admitted the will of Cuenco. taking cognizance will exlcude other courts, there is the rule of venue on the residence on Nung nalaman ng 1st family, they intervened the time of death which is the primary and questioned the assumption of jurisdiction consideration. In addition, testate by the QC court. proceedings take precedence over intestacy. QC: Hindi, resident si Cuenco ng QC. I FACTS: The Cuenco here involved is the late will not set aside the resolution allowing Senator Mariano Cuenco of Cebu. Meron the will for probate 9 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN Because of the denial of Cebu not to assume adequate remedy in the ordinary jurisdiction, the Cebu fam filed certiorari with course of law – e dito sa case, CA. CA reversed the QC. The 1st court that may appeal acquired jurisdiction is Cebu. Akyat sa SC. Dapat hindi certiorari kasi original action. Dapat, appeal from that court. RULING: Panalo si Rosa Cuenco, 2nd wife. Your remedy is wrong. 1. Resident talaga ng QC si Cuenco. While it IMPORTANT!!! When we speak of is true that Cebu court is the first court that jurisdiction under Section 1, it is actually acquired jurisdiction, the Cebu Court venue which can be waived. So, if other court deferred and it was never questioned by assumes jurisdiction, questionin mo agad the 1st family. dun. Don’t wait. Otherwise, you might be 2. Likewise, the 1st family never questioned guilty of estoppel. the assumption of jurisdiction by the QC court. Estoppel yan. San Luis vs. San Luis, G.R. Nos. 133743 & 3. Mali ang remedy when the 1st family 134029, Feb 6, 2007 questioned the ruling of the QC denying FACTS: their motion when they went on certiorari. Reason: The jurisdiction assumed by a Felicisimo T. San Luis, former governor of court, so far as it depends on the place the Province of Laguna, passed away. of residence, of the decedent, or of the Felicisimo had three marriages: first with location of his estate, shall not be Virginia Sulit, second with Merry Lee contested in a suit or proceeding, except Corwin (an American citizen), and third in an appeal from that court, in the with Felicidad San Luis (respondent). original case, or when the want of Felicisimo and Virginia had six children jurisdiction appears on the record. together, but Virginia predeceased o When the want of jurisdiction Felicisimo. appears on the record: The Felicisimo and Merry Lee divorced in residency of Cuenco, nakasabi sa 1973. petition na resident ng QC. So, Felicisimo and Felicidad had no children therefore, it does not appear on together but lived together for 18 years record. Meaning, it is a matter of until Felicisimo's death in 1992. proof. Unless it appears on records: After Felicisimo's death, Felicidad filed a U file a petition saying that he is a petition for letters of administration to settle resident of QC. Tapos finile mo sa his estate in Makati (Muntinlupa/Alabang is Angeles City. That appears on under Makati during that time). records na resident ng QC tapos ISSUE: WON the venue was properly laid for finile mo sa Angeles? Pwedeng the settlement of Felicisimo's estate. certiorari yan. HELD: Yes. Under Section 1, Rule 73 of the ▪ NOTE: Old rules eto ha. When can Rules of Court, the petition for letters of administration of the estate of Felicisimo you go on certiorari? (1) Error of should be filed in the Regional Trial Court of jurisdiction [no jurisdiction, the province "in which he resides at the time exceeded jurisdiction, acted with of his death." In the case of Garcia Fule v. grave abuse of discretion Court of Appeals, we laid down the doctrinal amounting to lack of jurisdiciton], rule for determining the residence – as (2) no remedy of appeal or other 10 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN contradistinguished from domicile – of the Sheker vs. Estate of Sheker, G.R. No. decedent for purposes of fixing the venue of 157912, December 13, 2007 the settlement of his estate: Certification of non-forum shopping is required [T] The term "resides" connotes ex vi only for complaints and other initiatory termini "actual residence" as distinguished pleadings, not in money claims against the from "legal residence or domicile." This estate. term "resides," like the terms "residing" and "residence," is elastic and should be The whole probate proceeding was initiated interpreted in the light of the object or purpose upon the filing of the petition for allowance of of the statute or rule in which it is employed. In the decedent's will. Under Sections 1 and 5, the application of venue statutes and rules – Rule 86 of the Rules of Court, after granting Section 1, Rule 73 of the Revised Rules of letters of testamentary or of administration, all Court is of such nature – residence rather persons having money claims against the than domicile is the significant factor. Even decedent are mandated to file or notify the court where the statute uses the word "domicile" still it is construed as meaning residence and not and the estate administrator of their respective domicile in the technical sense. Some cases money claims; otherwise, they would be barred, make a distinction between the terms subject to certain exceptions. Such being the "residence" and "domicile" but as generally case, a money claim against an estate is more used in statutes fixing venue, the terms are akin to a motion for creditors' claims to be synonymous, and convey the same meaning recognized and taken into consideration in the as the term "inhabitant." In other words, proper disposition of the properties of the "resides" should be viewed or understood in estate. A money claim is only an incidental its popular sense, meaning, the personal, matter in the main action for the settlement of actual or physical habitation of a person, the decedent's estate; more so if the claim is actual residence or place of abode. It contingent since the claimant cannot even signifies physical presence in a place and institute a separate action for a mere contingent actual stay thereat. In this popular sense, claim. Hence, herein petitioner's contingent the term means merely residence, that is, money claim, not being an initiatory pleading, personal residence, not legal residence or does not require a certification against domicile. Residence simply requires bodily presence as an inhabitant in a given place, non-forum shopping. while domicile requires bodily presence in that place and also an intention to make it The trial court has jurisdiction to act on a money one’s domicile. No particular length of time of claim (attorney's fees) against an estate for residence is required though; however, the services rendered by a lawyer to the residence must be more than temporary. administratrix to assist her in fulfilling her duties to the estate even without payment of separate Felicisimo had a residence in Alabang, docket fees because the filing fees shall Muntinlupa from 1982 until his death, in constitute a lien on the judgment pursuant to addition to his domicile in Sta. Cruz, Laguna. Therefore, the petition for letters of Section 2, Rule 141 of the Rules of Court, or administration was validly filed in the Regional the trial court may order the payment of such Trial Court of Makati City, which had territorial filing fees within a reasonable time. jurisdiction over Alabang, Muntinlupa. 11 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN Where estate settled upon dissolution of The matter of LIQUIDATION is only money – marriage payment of debts. Kung may natira, distribute it. Section 2. Where estate settled upon dissolution of marriage. — When the marriage In matters of DISTRIBUTION, it is the is dissolved by the death of the husband or authority of the court to determine who the wife, the community property shall be legal heirs are. If there is a controversy as to inventoried, administered, and liquidated, and illegitimate children on whether or not they the debts thereof paid, in the testate or were acknowledged, that is within the intestate proceedings of the deceased spouse. If both spouses have died, the authority of the probate court. conjugal [Under Family Code: Community Property] partnership shall be liquidated in the testate or intestate proceedings of either. In other words, matters that are extraneous to the administration of the estate, to the liquidation of the estate, and to the distribution of the estate, is not within the capacity of the THE PROBATE COURT is a court of limited probate court. jurisdiction. Remember A-L-D (Administration, Liquidation For instance, a controversy that arises as to and Distribution) whether a particular property belongs to the estate, or the ownership belongs to a third What is the extent of the power of a person, that is beyond the competence of probate court? the probate court. However, jurisprudence has it as to whether the probate court has the The power of the probate court is limited authority to determine issues of title, it may only to matters relating to the settlement only do so for the purposes of determining of the estate. The settlement of the estate whether a particular property should be has 3 aspects: A-L-D included in the inventory of the assets of the estate. But that does not have the character 1. Administration of the estate prior to of res judicata. The issue of title or of liquidation ownership must be litigated in a separate 2. The liquidation of the estate appropriate proceeding. 3. If there is a net estate, distribution of the estate to the persons entitled Again, as a rule, the determination of thereto ownership may only be considered by a probate court if the only purpose is You administer first. Any aspect of whether to include that particular property ADMINISTRATION – appointment of the in the inventory of the assets of the estate. administrator, the granting of letters But it will not have the character of a final testamentary, the granting of letters of judgment or res judicata. In other words, it administration, the determination of whether is without prejudice to have the issue of the person for whom the letters are prayed title be settled in an appropriate for is qualified or not, the submission of the proceeding. accounting by the administrator or executor before the court and the approval thereof, making the executor or administrator liable, to INSTANCE when the probate court has the forfeit the executor’s bond – is within the authority to determine the issues of title authority of the probate court. and have the character of RES JUDICATA 12 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN However, is there an instance where the Eusebio Capili as void. The court authority of a probate court, or jurisdiction disapproved both projects of partition and of a probate court to determine the issues directed the executor to file another one of title have the character of res judicata? dividing the properties between the heirs of Yes. There are three requirements: Eusebio Capili and the legal heirs of Hermogena Reyes. The executor filed a (Heirs are Parties, Consented, Not affect motion for a new trial, arguing that the rights of a 3rd person) probate court had no jurisdiction to determine 1) All heirs are parties to the proceedings the ownership of the disputed properties. The 2) They consented wittingly (express motion was denied, and the decision was consent) or willingly (also unwittingly – affirmed by the Court of Appeals. you failed to object) to submit the issue ISSUE: WON the probate court had of ownership for the determination of jurisdiction to determine the ownership of the the probate court properties in question. 3) The determination of ownership will HELD: The probate court had jurisdiction to not affect the rights of 3rd persons determine the ownership of the properties in If there is a dissolution of the marriage by the testate proceeding. The purpose of an death of the spouses, here, the community administration proceeding is the liquidation of property shall be inventoried, administered, the estate and distribution of the residue and liquidated. Suppose that there is a among the heirs, which includes determining conflicting claim between the estates of the assets of the estate and the payment of husband and the wife as to the ownership [of debts and expenses. The question of a particular property], the question is, does whether the properties belong to the this belong exclusively to one of the conjugal partnership or to the deceased spouses, or does this belong to the husband exclusively is a matter within the community property of the spouses? That jurisdiction of the probate court, as it needs leads us to the case of Bernardo vs. CA. to liquidate the conjugal partnership to determine the estate to be distributed among the heirs. The probate court has jurisdiction Bernardo vs. Court of Appeals, 7 SCRA over controversies between heirs regarding 367, February 28, 1963 the ownership of properties alleged to belong FACTS: The deceased, Eusebio Capili, had a to the deceased. will that was admitted to probate, and it AGAIN… named his widow, Hermogena Reyes, as one of the beneficiaries. Hermogena Reyes also As a GENERAL RULE, question as to title died, and her collateral relatives and intestate to property cannot be passed upon in heirs were substituted in her place. The testate or intestate proceedings, EXCEPT executor of Eusebio Capili's estate filed a where one of the parties prays merely for project of partition in the testate proceeding. the inclusion or exclusion from the The heirs of Hermogena Reyes opposed the inventory of the property, in which case project of partition and claimed that the the probate court may pass provisionally properties mentioned in the will belonged to upon the question without prejudice to its the conjugal partnership of Eusebio and final determination in a separate action. Hermogena. The probate court set the Character of res judicata 3 requisites: projects of partition for hearing and declared a donation made by Hermogena Reyes to EXC: However, we have also held that 13 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN when the parties interested are all heirs of A: The jurisdiction of the probate court is the deceased, it is optional to them to submit limited to matters relating to the to the probate court a question as to title to administration, liquidation and distribution of property, and when so submitted, said probate the estate and of the probate of the wills of court may definitely pass judgment thereon; persons. and that with the consent of the parties, Particularly: matters affecting property under judicial administration may be taken cognizance of by 1. Administration of the decedent's estate; the court in the course of intestate proceeding provided interests of third persons are 2. Payment of his debts; not prejudiced. 3. Questions as to collation or advancements NOTE: This is an exception to the rule. It has to the heirs; the character of res judicata. 4. Liquidation of the conjugal partnership; and Q: Is Venue jurisdictional for special 5. Partition and distribution of the estate. It proceedings? also extends to matters incidental and collateral to the exercise of a probate court's A: No. The laying of venue is procedural recognized powers such as selling, rather than substantive, relating as it does to mortgaging or otherwise encumbering realty jurisdiction of the court over the person rather belonging to the estate. (Heirs of Sandejas v. than the subject matter. Venue relates to trial Lina, G.R. No. 141634, 2001) and not to jurisdiction. (Nocum v. Tan, G.R. No. 145022, 2005) THUS: Unless and until the defendant Q: Can the probate court make a objects to the venue in a motion to dismiss, determination of the ownership of properties? the venue cannot be truly said to have been A: improperly laid, as for all practical intents and purposes, the venue, though technically General Rule: No. wrong, may be acceptable to the parties for Questions as to title to property cannot be whose convenience the rules on venue had passed upon by the probate court in the been devised. The trial court cannot pre-empt testate or intestate proceeding but should be the defendant’s prerogative to object to the ventilated in a separate action. improper laying of the venue by motu proprio dismissing the case. Thus, the person seeking to resolve his or her adverse claim of ownership should file a Wrong venue is a waivable procedural separate action (Pacioles, Jr. v. defect, and such waiver may occur by laches Chuatoco-Ching, G.R. No. 127920, 2005). where a party had been served notice of the filing of the probate petition for a year and Exception 1: To determine whether said allowed the proceedings to continue for such property should be included in the inventory time before filing a motion to dismiss. or list of properties to be administered by the (Uriarte v. CFI, G.R. Nos. L-21938-39, administrator, the court may make a 1970). provisional determination. Q: What is the extent of jurisdiction of the Such determination is provisional and not probate court? conclusive and is subject to the final decision 14 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN in a separate action regarding ownership Section 3. Process. — In the exercise of which may be instituted by the parties. (Pio probate jurisdiction, Courts of First Instance Baretto Realty Development, Inc. v. CA, G.R. may issue warrants and process No. 132362, 2001) necessary to compel the attendance of witnesses or to carry into effect their orders Exception 2: The probate court may decide and judgments, and all other powers granted on ownership of the property when: them by law. If a person does not perform an order or judgment rendered by a court in the 1. all parties to such determination are heirs; exercise of its probate jurisdiction, it may 2. The question is one of collation or issue a warrant for the apprehension and imprisonment of such person until he advancement; performs such order or judgment, or is 3. When all the parties agree to submit the released. entitled to the balance of his estate question to the determination of the courts, after payment of all his debts. The balance and may be recovered by motion in the same proceeding. 4. rights of third parties are not impaired. (Coca v. Borromeo, G.R. No. L-27082, 1978) Presumption of Death Section 4. Presumption of death. — For Q: When can the Probate Court Issue a Writ purposes of settlement of his estate, a person of Execution? shall be presumed dead if absent and A: General Rule: A probate court cannot unheard from for the periods fixed in the Civil Code. But if such person proves to be alive, issue writs of execution because its orders he shall be entitled to the balance of his usually refer to the adjudication of claims estate after payment of all his debts. The against the estate which the executor or balance may be recovered by motion in the administrator may satisfy WITHOUT the need same proceeding. of executor processes. (Angelita G. Vda. De Valera v. Hon. Macario M. Ofilada, G.R. No. L27526, 1974) When can the estate of the person be opened? Exceptions: The court may issue writs of execution on the following: It may only be opened when he is deceased or dead. In other words, so to speak, what is 1. To satisfy the contributive shares of the your cause of action for settlement? What is devisees, legatees and heirs on possession that act? The act there is the act of death or of the decedent’s assets (R88, S6); the fact of death. 2. To enforce payment of the expenses of Atty. Escolin: There is no cause of action in partition special proceedings. There is no delict or (R90, S3); and wrong or act or omission involved in special proceedings. 3. To satisfy the cost when a person is cited for examination in probate proceedings. But so to speak, you can only open settlement: (R142, S13) (Vda. de Valera v. Ofilada, G.R. (1) When somebody dies. No. L-27526, 1974). (2) When somebody becomes an absentee. Under the Family Code, a person shall be presumed dead for all purposes after Process being absent for 7 years, except: 15 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN a. For purposes of settlement of estate, the absence must be 10 years. EXC: i. If you are already above 75 years old, for being absent for 5 years, you are presumed dead. ii. If you are absent due to extraordinary circumstances such as shipwreck, war, and such like, 4 years. b. 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. PRESUMPTION OF DEATH Q: When can there be a declaration of Q: What happens if the absentee so declared Presumptive Death? returns? A: A: He may recover the balance of his estate by motion in the same proceeding, subject to the following conditions: 1. All his debts must have been paid (R73, S4); 2. He shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; 3. But he cannot claim either fruits or rents. (Art. 392, NCC). NOTE: The declaration of presumptive death of a person under Article 41 of the Family Code is a summary proceeding and not a special proceeding. (Republic of the Philippines v. Jomoc, G.R. No. 163604, 2005) 16 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN RULE 74 of the public instrument, or stipulation in the action for partition, or of the affidavit in the SUMMARY SETTLEMENT OF ESTATES office of the register of deeds, a bond with the said register of deeds, in an amount When a person dies leaving properties in equivalent to the value of the personal the Philippines, how shall his estate be property involved as certified to under oath settled? by the parties concerned and conditioned upon the payment of any just claim that General Rule: When a person dies leaving may be filed under section 4 of this rule. It properties in the Philippines, his estate shall shall be presumed that the decedent left no be settled judicially, you go to court. debts if no creditor files a petition for letters of administration within two (2) years after the If he has a will, file a petition for the death of the decedent. probate of his will. If he dies intestate, the petition that you The fact of the extrajudicial settlement or should initially file is the petition for the administration shall be published in a granting of letters of administration. newspaper of general circulation in the Exception: There are 2 exceptions under Rule manner provided in the nest succeeding section; but no extrajudicial settlement shall 74: be binding upon any person who has not participated therein or had no notice thereof. (1) Summary settlement of estate of small value where the amount of the estate is only P10K. (There is now a As we were saying, that the general rule is proposal to increase this to P2 million.) that when a person dies leaving properties in (2) Extrajudicial settlement. the Philippines, the only way to settle his estate is by judicial process. File a petition. Extrajudicial settlement by agreement One exception is extrajudicial settlement by between heirs agreement (between or among the heirs kung Section 1. Extrajudicial settlement by marami). agreement between heirs. — If the decedent left no will and no debts and the heirs are What are the pre-requisites for extrajudicial all of age, or the minors are represented settlement by agreement between heirs, in by their judicial or legal representatives order for easy recollection? (Categorization of duly authorized for the purpose, the parties the requirements) may without securing letters of administration, divide the estate among themselves as they (1) Substantive requirements see fit by means of a public instrument filed in the office of the register of deeds, and a. The decedent left no will (intestate) should they disagree, they may do so in an i. If there is a will, required to be ordinary action of partition. If there is only one probated (judicial). This is heir, he may adjudicate to himself the entire because of the public policy estate by means of an affidavit filed in the enunciated by law, that no will office of the register of deeds. The parties to shall pass, either real or personal an extrajudicial settlement, whether by public estate, unless it is probated or instrument or by stipulation in a pending action for partition, or the sole heir who allowed in court pursuant to the adjudicates the entire estate to himself by law. means of an affidavit shall file, simultaneously b. No debts. You know settlement of the with and as a condition precedent to the filing estate primarily is to protect the 17 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN creditors of the decedent. That is why of strict dominion. For general the heirs will only be entitled to administration, General Power distribution if there is a net estate. If of Attorney will suffice. there is no net estate, nada! i. Is there a possibility that even if the Now, for a guardian, if you are decedent left debts, nonetheless the judicial or legal guardian, an extrajudicial settlement must be appointment by the made by the parties? Yes. The Guardianship Court is heirs will first abono or advance. necessary to become such Bayaran ang utang. guardian. ii. In a case, there was already a On the other hand, as regards petition filed in court. Thereafter, the surviving parent, with there was notice to the creditors. respect to the properties When the creditors filed their belonging to their minor claims, the heirs paid their claims. children, the law grants this The heirs then entered into way: the father and the mother extrajudicial settlement, or asked are the legal guardian of the the court to approve their property belonging to their extrajudicial settlement. Although minor children. that is judicial, the effect is still The question is this: as a equivalent to extrajudicial. parent, is it necessary for iii. But why is it judicial on one hand, you to secure a judicial but is only considered extrajudicial appointment as a guardian on the other hand? The effect is (Not relating to pursuant to Section 4. extrajudicial settlement)? c. They are all of legal age, if some are No. Ex proprio vigore, by minors, they must be represented by their judicial or legal representatives the vigor of the law itself, duly authorized for the purpose. the law appoints the parent i. “Duly authorized for the purpose” – as natural or biological you must secure authority for the parent, you are already the purpose. guardian of the property Where should you seek belonging to your children. authority? You go to the Guardianship has 2 aspects, Guardianship Court and ask (1) guardianship over the person, and (2) for authority to represent the guardianship over the property of the minor minor in entering into the children. extrajudicial settlement. Guardianship over the person The General Rule is that if a of the children is also person is of age, then he wants automatic, ex proprio vigor, by to enter into a contract, to sell the vigor of the law. his property, if he is of age, he That is why under the Family Code, the can execute an SPA to his parents can exercise parental authority over attorney in fact. The attorney in their minor children – that is guardianship over fact can sell his property as his the person by virtue of the law. agent, and him (first person) In Art. 225 of the FC, it states: “The being the principal. SPA is father and the mother shall jointly required for an agent to do acts 18 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN exercise legal guardianship over the guardian? Because a minor property of the unemancipated common is not in the full exercise of child without the necessity of a court his civil rights. He cannot appointment. In case of disagreement, enter into a contract alone. the father’s decision shall prevail, unless He must be assisted. there is a judicial order to the contrary.” Thus, if you are the parent, you do not (2) Procedural requirements need appointment by the Guardianship Court to appoint you as a guardian. a. The agreement must be in a However, if the minor is entering into an public instrument (must be extrajudicial settlement, go to the notarized). Guardianship Court and ask for authority. i. If they disagree on how to partition it, the other option is that they may do so in an There is no difference between the ordinary action of procedure for guardianship of partition. To a certain incompetence and guardianship of a minor. extent, that is considered Because here, under the old guardianship extrajudicial – or that is not law in the ROC that we have, it covers both special proceedings for the – guardianship for incompetence and settlement of the estate such minors. Section 5 of Rule 96: The court as probate of a will or may authorized the guardian to join in an granting of letters of assent to a partition of real or personal administration, but an estate held by the ward jointly or in ordinary action of partition. common with others, but such authority As such, that is still shall only be granted after hearing, upon considered within the such notice to relatives of the ward as the meaning of the term court may direct, and a careful “extrajudicial settlement.” investigation as to the necessity and ii. If you are the sole heir, propriety of the proposed action. execute an affidavit of The always misconception of parents that adjudication. since they are the guardians of the property belonging to their minor children, iii. Suppose it is not in the they think that they can already sell the public instrument, what property belonging to their minor children. happens? Suppose that it is No, they cannot do that. That is an act of only in a private instrument, dominion. Since the child is a minor, or even oral agreement of therefore, the child cannot execute a SPA. partition? He is not in the exercise of his full civil The question is, if it is not in a public rights. Where do you get the SPA? From instrument, will that affect the validity of the the guardianship court duly authorized for extrajudicial settlement? the purpose. i. If you are a minor, you are A: No. if the law does not require a particular disqualified from entering form affecting the validity of a certain into a contract. instrument, then any form would suffice. Do ii. What is the reason why a not confuse validity with enforceability. Under minor must be represented statute of frauds, there are certain agreements by a judicial or legal that must be in writing for enforceability. But, 19 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN even if it is unenforceable, nonetheless, it is The requirements are: (INL-PBN) considered by law to be valid. SUBSTANTIVE (I-N-L) b. File it with the Register of Deeds. 1. Decedent died intestate (left no will); Why? You must file it with the RD in 2. There are no outstanding debts at the time of relation to Section 4 (Rule 74), so settlement; that the period of 2 years will already begin to run. 3. Heirs are all of legal age or minors represented by judicial guardians or legal representatives; that there would be constructive knowledge to the whole world. Because what happens, once PROCEDURAL (P-N-B) you file the extrajudicial partition, together with 4. The settlement is made in a public it, you surrender the muniments of title if it is instrument OR by means of an affidavit, in the covered by the Torrens System, a TCT. The case of a sole heir, duly filed with the Register RD will cancel the TCT in the name of the of Deeds; predecessor in interest and then issue a new TCT in the name of the heirs in accordance a. If the decedent left only one heir: the heir with their agreement in the extrajudicial executes an affidavit of self-adjudication. partition. b. If the decedent left more than one heir, If it is unregistered land, you have it registered the settlement must be made in a public with the books of unregistered land with the instrument RD. The only moment of title would be the tax declaration. You go to the Assessor’s Office to 5. Publication of the extrajudicial settlement in have the old tax declaration cancelled, and in a newspaper of general circulation in the lieu thereof, issue a new one pursuant to the province once a week for three consecutive extrajudicial partition. weeks; and 6. Filing of bond equivalent to the value of c. File a bond in the amount equivalent personal property posted with the register of to the value of the personal properties deeds. (R74, S1). only. (Also relating to Section 4 of Rule 74). d. The fact of extrajudicial settlement must be published in a newspaper of Q: Can there be oral extrajudicial settlement of general circulation in a manner estate? provided in Section 2: A: Yes. Nothing in Sec. 1, Rule 74 concludes Must be made once a week for 3 that a written instrument or other formality is an successive weeks in a newspaper of essential requisite to the validity of the partition. general circulation in the province or city An oral partition is valid. (Vda. de Reyes v. CA, where the decedent died. G.R. No. 92436, 1991). Q: What are again the requisites for an Extrajudicial Settlement? A: We have the Substantive and procedural Q: Does the fact that the decedent left no debts requirements which were previously discussed of obligations preclude the institution of here. But for memorization purposes, eto sya: administration proceedings? 20 BACADILIMAMARO 2024 SPECIAL PROCEEDINGS ATTY. CHARLES ESCOLIN A: No. It does not preclude the heirs from summary settlement of estate of the decedent instituting administration proceedings, even if has a period of two (2) years after the the estate has no debts or obligations, if they settlement and distribution to assail its validity. do not desire to resort for good reasons to an (Pedrosa v CA, G.R. No. 118680, March 5, ordinary action for partition. 2001) (R74, S4). Recourse to an administration proceeding even Q: To whom does this two year period apply? if the estate has no debts is sanctioned only if A: 1. To persons who have participated or the heirs have good reasons for not resorting to taken part or had notice of the extrajudicial an action for partition. (Pereira v. CA, G.R. No. partition; and L-81147, 1989; Arcillas v. Montejo, G.R. No. L-21725, 1968) 2. When the provisions of Section 1 of Rule 74 have been strictly complied with, i.e., that all the persons or heirs of the decedent have Q: Who are bound by the Extrajudicial taken part in the extrajudicial settlement or are Settlement? represented by themselves or through guardians. (Maria Pedrosa v. Court of Appeals, A: Persons who did not participate nor had G.R. No. 118680, March 5, 2001) notice of an extrajudicial settlement would not be bound thereby. Publication that binds the Q: To whom does this two year period NOT world contemplates notice that has been sent apply? out or issued before any deed of settlement, A: To persons who had no notice nor had partition, or both, is agreed upon, and not after taken part in the extrajudicial proceedings. such an agreement has already been (Sampilo and Salacup v. CA, G.R. No. executed. (Cua v. Vagas, G.R. No. 156356, L-10474, 1958). 2006) Hernandez vs. Andal, 78 Phil. 196, March 29, Q: When is a bond required to be furnished? 1947 A: The bond is required only when personality The requirement of Section 1 of Rule 74 is involved. If it is a real estate, it shall be that an extrajudicial settlement must be in subject to a lien in favor of creditors, heirs or a public instrument is not constitutive of other persons for the full period of 2 years from the validity of the extrajudicial settlement. such distribution and such lien cannot be It is only evidentiary in nature. substituted by a bond. The bond is the value of the personal property certified by the parties The rule-ma