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Special Proceedings Reviewer by Bravante

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  The Greenhorn Philosopher2 011Remedial Law Reviewer (Special Proceedings)Elmer Brabante8 years agoAdvertisementsPART I I .SPECI AL PROCEEDI NGSRules 72 – 109(1) Subject Matters of Special Proceedings: CATCH AGED SHARC (Rules 72 – 109)(a) Change of Name(b) Adoption(c) Trustees(d) Constitution of Family Home(e) Hospitalization of I nsane 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 the status orright of a party, or a particular fact, generally commenced by application, petition orspecial 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  (1) I f the decedent is an inhabitant of the Philippines at the time of his death,whether a citizen of an alien, his will shall be proved, or letters of administrationgranted, and his estate settled, in the RTC in the province in which he resides atthe time of his death, and if he is an inhabitant of a foreign country, the RTC of anyprovince in which he had his estate. The court first taking cognizance of thesettlement of the estate of a decedent, shall exercise jurisdiction to the exclusionof all other courts (Sec. 1).(2 ) Under RA 7691, the law expanding the jurisdiction of the inferior courts, MTC,MeTC and MCTC shall exercise exclusive original jurisdiction over probateproceedings, testate and intestate, where the value of the estate does not exceedP2 00,000 (outside Metro Manila) or where such estate does not exceed P400,000(in Metro Manila).(3) The jurisdiction of the RTC is limited to the settlement and adjudication ofproperties of the deceased and cannot extend to collateral matters.Venue in judicial settlement of estate(1) The residence of the decedent at the time of his death is determinative ofthe venue of the proceeding. I f he was a resident (inhabitant) of the Philippines,venue is laid exclusively in the province of his residence, the jurisdiction beingvested in the Regional Trial Court thereof. Residence means his personal, actual, orphysical habitation, his actual residence or place of abode.(2 ) I t is only where the decedent was a nonresident of the Philippines at thetime of his death that venue lies in any province in which he had estate, and thenCFI thereof first taking cognizance of the proceeding for settlement acquires jurisdiction to the exclusion of other courts. The question of residence isdeterminative only of the venue and does not affect the jurisdiction of the court.Hence, the institution of the proceeding in the province wherein the decedentneither had residence nor estate does not vitiate the action of the probate court.  (3) Where the proceedings were instituted in two courts and the question ofvenue is seasonably raised, the court in which the proceeding was first filed hasexclusive jurisdiction to resolve the issue (De Borja vs. Tan, 97 Phil. 872 ).Extent of jurisdiction of Probate Court(1) The main function of a probate court is to settle and liquidate the estates ofdeceased person either summarily or through the process of administration. TheRTC acting a s a probate court exercises but limited jurisdiction, thus it has nopower to take cognizance of and determine the issue of title to property claimed bya third person adversely to the decedent unless the claimant and all other partieshave legal interest in the property consent, expressly or impliedly, to the submissionof the question to the probate court. I n that case, if the probate court allows theintroduction of evidence on ownership it is for the sole purpose of determiningwhether the subject properties should be included in the inventory, which is withinthe probate court’s competence. The determination is only provisional subject to aproper action at the RTC in a separate action to resolve the title.(2 ) The jurisdiction of the probate court merely relates to matters having to dowith the settlement of the estate and the probate of wills, the appointment andremoval of administrators, executors, guardians and trustees. The question ofownership is, as a rule, an extraneous matter which the probate court cannotresolve with finality (I ntestate Estate of I smael Reyes, Heirs of Reyes vs. Reyes,GR 139587, Nov. 2 , 2 000).Powers and Duties of Probate Court(1) I n probate proceedings, the court:(a) Orders the probate of the will of the decedent (Sec. 3, Rule 77);(b) Grants letters of administration of the party best entitled thereto or to anyqualified applicant (Sec. 5, Rule 79);
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