Remedial Law Quickie Notes: Special Proceedings

8/8/2019 Remedial Law Quickie Notes: Special Proceedings

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CONTENTS

BONDS ................................................................................... 2NOTICE REQUIREMENTS ..................................................... 4PUBLICATION REQUIREMENTS ........................................... 6VENUE/JURISDICTION .......................................................... 7SPECIAL PERIODS ................................................................ 8


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BONDSBOND WHEN AMOUNT CONDITIONS LEGAL BASIS

Distributees, orany of them

Before distributionbefore payment of theestate obligations

Sum to be fixed by thecourt

Payment of said obligations within suchtime as the court directs

SEC.1, RULE 90

Guardians Before guardian enters

upon the execution ofhis trust

Sum as the court

directs

1. To make and return to the court,

within three (3) months, a true andcomplete inventory of all theestate, real and personal, of hisward which shall come to hispossession or knowledge or to thepossession or knowledge of anyother person for him;

2. To faithfully execute the duties ofhis trust, to manage and dispose ofthe estate according to these rulesfor the best interests of the ward,and to provide for the proper care,custody, and education of theward;

3. To render a true and just accountof all the estate of the ward in his

hands, and of all proceeds orinterest derived therefrom, and ofthe management and dispositionof the same, at the timedesignated by these rules and suchother times as the court directs;and at the expiration of his trust tosettle his accounts with the courtand deliver and pay over all theestate, effects, and moneysremaining in his hands, or duefrom him on such settlement, tothe person lawfully entitledthereto;

4. To perform all orders of the courtby him to be performed.

SEC. 1, RULE 94;

SEC. 14, RGM

Parents who actas guardians incase the actualincome or themarket value ofthe property ofthe child exceeds50,000

Such amount as thecourt may determine,but in no case less than10% of such propertyor annual income

Guarantee the performance of theobligations prescribed for generalguardians.

A verified petition for approval of thebond should be filed

SEC. 16, RGM

Additional bondof guardians thatthe court mayrequire if deemedexpedient

Shall serve as security for the properappropriation of proceeds of the sale orencumbrance of the wards property

SEC. 4, RULE 95;SEC. 22, RGM

Self-adjudicatingheir

Simultaneously withand as a conditionprecedent to the filingof the affidavit

Amount equal to thevalue of the personalproperty involved ascertified under oath by

him.

Conditioned upon the payment of any just claim that may be filed within 2years after such self-adjudication

SEC.1, RULE 74

Heirs party to anextrajudicialpartition

Simultaneously withand as a conditionprecedent to the filingof the publicinstrument, orstipulation in the actionfor partition

Amount equal to thevalue of the personalproperty involved ascertified under oath byhim.

Conditioned upon the payment of any just claim that may be filed within 2years after such self-adjudication

SEC.1, RULE 74

Executor orAdministrator

Before entering uponthe duties of his trust

Such sum as the courtdirects

1. To make and return to the court,within three (3) months, a true andcomplete inventory of all goods,

SEC. 1, RULE 81


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BOND WHEN AMOUNT CONDITIONS LEGAL BASISchattels, rights, credits, and estate ofthe deceased which shall come tohis possession or knowledge or tothe possession of any other personfor him;

2. To administer according to theserules, and, if an executor, according

to the will of the testator, all goods,chattels, rights, credits, and estatewhich shall at any time come to hispossession or to the possession ofany other person for him, and fromthe proceeds to pay and dischargeall debts, legacies, and charges onthe same, or such dividends thereonas shall be decreed by the court;

3. To render a true and just account ofhis administration to the court withinone (1) year, and at any other timewhen required by the court;

4. To perform all orders of the court byhim to be performed.

Special

Administrator

Before entering upon

the duties of his trust

Such sum as the court

directs

Conditioned that he will make and

return a true inventory of the goods,chattels, rights, credits, and estate of thedeceased which come to his possessionor knowledge, and that he will trulyaccount for such as are received by himwhen required by the court, and willdeliver the same to the personappointed executor or administrator, orto such other person as may beauthorized to receive them.

SEC. 4, RULE 81

Trustee Before entering on theduties of the trust

Amount fixed by thejudge of said court

Payable to the government andsufficient and available for theprotection of any party in interest

Conditioned on the following:1. That the trustee will make and return

to the court, at such time as it mayorder, a true inventory of all the realand personal estate belonging tohim as trustee, which at the time ofthe making of such inventory shallhave come to his possession orknowledge;

2. That he will manage and dispose ofall such estate, and faithfullydischarge his trust in relationthereto, according to law and thewill of the testator or the provisionsof the instrument or order underwhich he is appointed;

3. That he will render upon oath atleast once a year until his trust isfulfilled, unless he is excused

therefrom in any year by the court, atrue account of the property in hishands and of the management anddisposition thereof, and will rendersuch other accounts as the courtmay order;

4. That at the expiration of his trust hewill settle his accounts in court andpay over and deliver all the estateremaining in his hands, or due fromhim on such settlement, to theperson or persons entitled thereto.

SEC. 5, RULE 98SEC. 6, RULE 98


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NOTICE REQUIREMENTSCAVEAT: Not exhaustive

NOTICE OF WHAT TO WHOM WHEN LEGAL BASISNotice of Hearing Application for extension of time for

disposing of the estate and payingthe debts and legacies

All persons interested SEC. 15, RULE 88

Notice of Hearing Application for extension of time oftime for payment of debts andlegacies in case the originalexecutor dies

All persons interested SEC. 16, RULE 88

Notice of Hearing Application for assignment of theresidue of the estate to the personsentitled

SEC. 1, RULE 90

Notice of Hearing Petition for the appointment of ageneral guardian

All persons mentionedin the petition,including the minor ifhe is 14 years of ageor over

SEC. 8, RGM

Notice of Hearing Petition for the appointent of aguardian for an incompetent

All persons mentionedin the petition residingin the province,including the

incompetent himself

SEC. 3, RULE 93

Notice Discharge from further liability ofthe sureties of the guardians (of aminor) old bond upon the postingof a new bond [if no injury mayresult therefrom to those interestedin the property]

All interested persons SEC. 15, RGM

Notice of Hearing Application of the guardian forauthority to consent to a partition ofreal or personal property owned bythe ward jointly or in common withothers

Relatives of the ward SEC. 17 RGMRULE 96

Notice Guardian Before removal SEC. 24, RGMSEC. 2, RULE 97

Notice of Hearing Petition for judicial determinatin ofcompetency of the guradian

Guardian of the personso declared

incompetent and theward

SEC. 1, RULE 97

Notice of Hearing Petition for the allowance of willnot filed by the testator

Designated or otherknown heirs, legateesand devisees of thetestator resident in thePhilippines, at theirplaces of residence ifsuch places ofresidence be known

At least 20 days beforethe hearing by mail.Personal service atleast 10 days beforethe hearing isequivalent to mailing

SEC. 4, RULE 76

Executor, if not thepetitioner

Person named ascoexecutor notpetitioning

Notice of Hearing Petition for the allowance of will

filed by the testator

Only to compulsory

heirs

At least 20 days before

the hearing by mail.Personal service atleast 10 days beforethe hearing isequivalent to mailing

SEC. 4, RULE 76

Notice of Hearing Petition for letters of administration Served personally or bymail to known heirsand creditors and toany other personsbelieved to have aninterest in the estate

SEC. 3, RULE 79


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NOTICE OF WHAT TO WHOM WHEN LEGAL BASISNotice of Hearing[personally or byadvertisement in anewspaper/s, or both,as the court directs]

Allowance of account of anexecutor or administrator

Persons interested SEC. 10, RULE 85

Notice Filing of money claims against theestate in the office of the clerk of

court

All persons havingmoney claims against

the decedent

Immediately aftergranting letters

testamentary or ofadministration

SEC. 2, RULE 86

Notice of Hearing Petition for appointment of a trustee All persons Interested SEC. 1, RULE 98

Notice of Hearing Petition of parties beneficiallyinterested to remove a trustee

Trustee SEC. 8, RULE 98

Notice Removal of the court of a trusteewho is insane or otherwiseincapable of discharging his trust orevidently unsuitable therefor

All persons interested Before removal SEC. 8, RULE 98

Notice of Hearing Petition for authority to sell orencumber any real or personalestate held in trust

SEC. 9, RULE 98

Copy Order fixing the date and time ofhearing on the Petition for thehospitalization of an insane person

Served on the personalleged to be insane,and to the one havingcharge of him, or on

such of his relativesresiding in the provinceor city, as the judgemay deem proper

SEC. 2, RULE 101

Notice of Hearing Petition for the appointment of arepresentative or for the declarationof absence and the appointment ofa trustee or administrator

Served upon theknown heirs, legatees,devisees, creditors, andother interestedpersons

At least 10 days beforthe hearing

SEC. 4, RULE 107


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PUBLICATION REQUIREMENTSCAVEAT: Not exhaustive

WHAT WHEN WHERE LEGAL BASISCopy of Order fixing time and placeof Hearing on Petition for Escheat

At least once a week for 6consecutive weeks

Newspaper of general circulationpublished in the province, as thecourt shall deem best

SEC. 2, RULE 91

Notice of Hearing on the Petition forguardianship of a minor residingoutside the Philippines; but noticemay be given thru other means, asthe court deems proper

SEC. 12, RGM

Notice of Hearing on Petition forSummary Settlement of Estate


Newspaper of general circulation inthe province

SEC. 2, RULE 74

Fact of Extrajudicial Settlement At least once a week for 3consecutive weeks


SEC. 1, RULE 74

Notice of Hearing on Petition for

Letters of Administration

3 consecutive weeks successively,

previous to the time appointed

Newspaper of general circulation in

the province

SEC. 3, RULE 79

Notice of Hearing on Petition forAllowance of Will

3 consecutive weeks successively,previous to the time appointed


SEC. 3, RULE 76

Notice requiring all persons havingmoney claims against the decedent tofile their claims in the office of the

clerk of court

3 weeks seccessively In a newspaper of generalcirculation

SEC. 3, RULE 86

Copy of Order fixing time and placeof Hearing on Petition for Change ofName


Newspaper of general circulation inthe province, as the court shalldeem best

SEC. 3, RULE 103

Copy of Petition for Change of firstname or nickname


Newspaper of general circulation SEC. 5, RA 9048

Notice of Hearing on Petition forCancellation or Correction of Entryinunder Rule 108



Sec. 4, RULE 108

Notice of Hearing on Petition for the

appointment of a representative orfor the declaration and appointmentof a trustee or administrator

Once a week for 3 consecutive

weeks prior to the time designatedfor the hearing

Newspaper of general circulation in

the province or city where theabsentee resides, as the courtdeems best.

SEC. 4, RULE 107

Copy of Order fixing time and placeof Hearing on Petition for Adoption

At least once a week for 3successive weeks

Newspaper of general circulation inthe province or city where thecourt is situated

The newspaper shall be selected byraffle under the supervision of theExecutive Judge


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VENUE/JURISDICTIONSPECIAL PROCEEDING VENUE JURISDICTION

Settlement of the Estate of aDeceased Peron

Residence of the decedent; if non-resident, placewhere he had estate.

MTC if the gross value of the estate does notexceed 300,000, or does not exceed in MetroManila; RTC if over the limit

Escheat Residence of the decedent; if non-resident, place

where he had estate.

RTC

In reversion, place where the land lies in whole orin part.

Appointment of Guradians Residence of minor; if non-resident, place wherehe his property or part thereof is situated.

Family Court

Residence of incompetent; if non-resident, placewhere he his property or part thereof is situated.

RTC

Appointment of Trustees Where will was allowed; or where the property orportion thereof affected by the trust is situated

RTC

Adoption Domestic: residence of adopter; Family Court

Inter-country: residence of adoptee or where hemay be found; or ICAB

Family Court or ICAB

Rescission of Adoption Residence of adoptee Family Court

Habeas Corpus If filed with the RTC, where detainee is detained SC, CA, RTC, MTC in the case there is no RTC judge, Sandiganbayan in the aid of its appellatejursidiction

For the custody of minors, residence of minor orwhere he may be found

Family Court, CA, SC

Habeas Data Where the petitioner or respondent resides, or thatwhich has jursidiction over the place where thedata or information is gathered, collected, orstored, at the option of the petitioner

RTC; may be filed with the SC, CA orSandiganbayan, when the action concerns publicdata files of government offices

Amparo Where the threat, act or omission was committedor any of its elements occured

RTC, Sandiganbayan, CA, SC or any justice thereof

Change of Name Rule 103: residence of petitioner RTC

Change of First Name RA 9048:1. Local civil registry where the record sought to

be changed is kept2. Local civil registry of the place of residence of

the interested party , if the petitioner migratedto another place in the Philippines and it isimpractical to file it in person in the former

3. Nearest Philippine Consulate for non-residents

Local Civil Registrar or nearest PhilippineConsulate

Appointment ofRepresentive/ Declaration ofAbsence

Residence of absentee before disappearance RTC

Cancellation/correction ofentries

Rule 108: where the corresponding civil registry islocated

RTC

RA 9048:1. Local civil registry where the record sought to

be changed is kept2. Local civil registry of the place of residence of

the interested party , if the petitioner migratedto another place in the Philippines and it isimpractical to file it in person in the former

3. Nearest Philippine Consulate for non-residents

Local Civil Registrar or nearest PhilippineConsulate


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SPECIAL PERIODSPROCEEDING WHAT PERIOD NOTE

Extrajudicial Settlement ofEstate of Deceased

Presumption that decedent leftno debts if no creditor files apetition for letters ofadministration

2 years after the death ofdecedent

Extrajudicial Settlement ofEstate of Deceased

Liability of Bond of Distrubutees 2 years after the settlement anddistribution

Bond remains charged within theperiod, notwithstanding anytransfers of real estate that mayhave been made

Extrajudicial Settlement ofEstate of Deceased Prescription of recovery of shareof excluded heir based on

constructive or implied trust

10 years

In case of fraud, 4 years from thediscovery of fraud

This would be from the date ofregistration of the partitionagreement because suchregistration is constructive noticeto the world

Extrajudicial Settlement ofEstate of Deceased Filing of claim by a minor,mentally incapacitated, or is in

prison, or is outside thePhilippines

Within 1 year after disability isremoved

Allowance of Will Delivery of will by custodian to

the court having jurisdiction orexecutor named in the will

Within 20 days after he knows of

the death of the testator

Allowance of Will Presentation of will to the courthaving jurisdiction; acceptace orrefusal of the trust

Within 20 days after he knows ofthe death of the testator, ow 20days after he knows that he isnamed executor

Letters of Administration Spouse, next of kin of testatorshould apply for administration orrequest that administration begranted to some other person

Within 30 days after the death ofthe testator

Failure to comply results in theissuance of the Letters ofAdministration to one or more ofthe principal creditors of thetestator, if competent and willingto serve

Letters of Testamentary orAdministration

Return of Inventory to the Court Within 3 months fromappointment

Fact that an inventory is filed afterthe 3-month period does notdeprive the probate court ofjurisdiction to approve it.

Guardianship Within 3 months fromappointment; annually afterappointment; whenever requiredupon the application of aninterested person

Letters of Testamentary orAdministration

Account of administration Within 1 year, and at any othertime when required by the court

Unless the court otherwisedirects because of extensions oftime for presenting of claimsagainst, or paying the debts of,the estate, or for disposing theestate

Guardianship Annually after appointment;whenever required upon theapplication of an interestedperson

Claims against the Estate Statute of Non-claims Period fixed by the court, which

shall not be more than 12 monthsnor less than 6 months after thedate of the first publication of thenotice

At any time before an order of

distribution is entered, onapplication of a creditor who hasfailed to file a claim may, forcause shown and on such termsas are equitable, allow such claimto be filed within a time notexceeding 1 month

Settlement of Estate Disposition of estate andpayment of debts and legacies

Shall not exceed 1 year But the court may, on applicationof the executor or administrator,after hearing and notice, extendtime as the circumstances requirenot exceeding 6 months for


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PROCEEDING WHAT PERIOD NOTEsingle extension nor so that thewhole period allowed to theoriginal executor shal exceed 2years

Settlement of Estate Extension for disposition of estatewhen executor or administratordies and a new administrator is

appointed

Not exceeding 6 months at atime and not exceeding 6 monthsbeyond the time which the court

may have allowed to suchoriginal executor or administrator

Escheat Filing of claim 5 years from the date theproperty was delivered to thestate

Guardianship Reporting of property of ward notincluded in the inventory laterdiscovered, succeeded to, oracquired

Within 3 months after discovery,succession, acquisition

Adoption Supervised trial custody At least 6 months

Adoption Rescission Within 5 years after reaching ageof majority; if incompetent at thetime of adoption, within 5 yearsafter recovery from suchincompetency

Change of name Residency requirement of

petitioner

Bona fide residence in the

province where petition is filedfor at least 3 years

RA 9048 Impugning the decision of City orMunicipal Civil Registrar

10 working days from receipt Failure on the part of the CivilRegistrar General to impugn suchwithin the period will result in thedecision becoming final andexecutory

Remedial Law Quickie Notes: Special Proceedings

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