SPECIAL PROCEEDINGS 2014

8/11/2019 SPECIAL PROCEEDINGS 2014

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SPECIAL

PROCEEDINGS


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The determination of who are the legal heirs of the

deceased must be made in the proper specialproceedings in court, and not in an ordinary suit forrecovery of ownership and possession of property. Thismust take precedence over the action for recovery of

possession and ownership. The trial court cannot make adeclaration of heirship in the civil action for reason thatsuch a declaration can only be made in a specialproceeding.

1.) Heirs of Magdaleno Ypon vs. GaudiosoPonteras Ricafort and RD of Toledo City

G.R. No. 198680, July 8, 2013


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A special proceeding is a remedy by which a party seeks toestablish a status, a right, or a particular fact. It is clear that

the declaration of heirship can be made only in a specialproceeding since petitioners are seeking the establishmentof a status or right.

Exception : the need to institute a separate specialproceedings for determination of heirship may bedispensed with for the sake of practicality as when theparties in the civil case had voluntarily submitted the issue

to the trial court and already presented their evidenceregarding the issue of heirship, and the RTC hadconsequently rendered judgment therein, or when aspecial proceeding had been instituted but had beenfinally closed and terminated, hence, cannot be re-opened.


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The Decision granting writ of amparo is not

the judgment or final order contemplated underthe Rules. Hence, the petition for Review under

Rule 45 is not the proper remedy.

2.) Writ of AmparoSec. Leila M. De Lima, et al. vs.

Magtanggol B. GatdulaG.R. No. 204528, February 19, 2013


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Writ of Amparo :

1.) Petition filed with the RTC, Sandiganbayan, Courtof Appeals or Supreme Court.

2.) Judge/Justice make immediate evaluation offacts alleged in the Petition and the affidavit withattendant circumstances detailed.


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3.) After evaluation, Judge has option to issue the writ orimmediately dismiss the case.

Dismissal proper if the petition and supporting affidavitsdo not show petitionersright to life, liberty or security isunder threat.

Issuance of the writ itself sets in motion presumptivejudicial protection for petitioner. Court compelsrespondent to appear before the court to show whetherthe grounds for more permanent protection and instantreliefs are necessary.


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4.) Respondent required to file Return which serves as

the responsive pleading to the Petition.

5.) Summary hearing only after the Return is filed todetermine the merits of the Petition and whether

interim reliefs are warranted.

If Return not filed ex parte hearing.

6.) After hearing, the Court will render judgment within10 days from time Petition is submitted for decision.


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7.) If allegations are proven with substantial evidence,

the Court shall grant the privilege of writ and suchreliefs as may be proper.

8.) It is this Judgment that could be subject to appeal tothe Supreme Court via Rule 45 on question of fact andlaw.

9.) Until final satisfaction of judgment, the Writ ofAmparo allows vigilant judicial monitoring to ensureprotection of constitutional rights.


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It has been settled in a number of casesstarting with Republic vs. Valencia that evensubstantial errors in a civil registry may becorrected and the true facts established provided

the parties aggrieved by the error avail themselvesof the appropriate adversary proceeding.

3.) G.R. No. 198010, August 12, 2013Republic of the Philippines vs. Dr. Norma

S. Lugsanay Uy


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What is meant by appropriate adversarialproceeding? Blacks Law Dictionary definesadversaryproceedingas follows :

One having opposing parties; contested, asdistinguished from an ex parte application, one ofwhich the party seeking relief has given legalwarning to the other party, and afforded the latter

an opportunity to contest it. Excludes an adoptionproceeding.


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When a petition for cancellation or correction of

entry in the civil register involves substantial andcontroversial alterations, including those on citizenship,legitimacy of paternity or filiation, or legitimacy ofmarriage, a strict compliance with the requirements of

Rule 108 of the Rules of Court is mandated. If the entries inthe civil register could be corrected or changed throughmere summary proceedings and not through appropriateaction wherein all parties who may be affected by the

entries are notified or represented, the door to fraud orother mischief would be set open, the consequences ofwhich might be detrimental and far reaching.

SPECIAL PROCEEDINGS 2014

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