special proceedings

REMEDIAL NOTES 2004 - SIGMA RHO - CALLANTA & PARTNERSPersonal copy of ATTY. RENE CALLANTA,jr

SPECIAL PROCEEDINGS

SPECIAL PROCEEDINGS - A remedy by which a party seeks to establish a status, a right or a particular fact (Rule 1, Section 3)

JURISDICTION : Regional Trial Court

EXCEPTION: MTC can entertain Special proceedings where:1. the gross value of the estate does not exceed 200T/400T (BP 129)2. It acts in Cadastral and Land Registration Proceedings (Sec. 35 Judiciary Act) appeal is taken to the CA, not to the RTC since MTC is equal to RTC in this instance3. Habeas Corpus where no RTC judge is available

*** The rule on demurrer to evidence in civil cases, is applicable in special proceedings.

RULE 72SUBJECT MATTER AND APPLICABILITY OF GENERAL RULES

Special proceedings:a) Settlement of estate of deceased personsb) Escheatc) Guardianship and custody of childrend) Trusteese) Adoptionf) Rescission and revocation of adoptiong) Hospitalization of insane patienth) Habeas corpus i) Change of namej) Voluntary dissolution of corporationsk) Judicial approval of voluntary recognition of minor natural children;l) Constitution of family homem) Declaration of absence and deathn) Cancellation of correction of entries in civil registry

NOW EXCLUDED IN SPECIAL PROCEEDINGS1. Constitution of Family Home – now covered by the Family Code2. Voluntary Dissolution of Corporations – now covered by the Corporation Code and the

SEC rules

*** However, judicial approval of recognition of minor children is still included. An illegitimate child must still establish filiation in order to have a personality in the settlement of the estate of the deceased.

CIVIL Action SPECIAL PROCEEDINGSTo protect or enforce a right, or to prevent or redress a wrong

To establish a status, right, or a particular fact

Initiated by Complaint Initiated by PetitionDefinite Parties(involves 2 or more parties)

Definite petitioner, no definite adverse party (may involve only one party )

Answer is filed Opposition is filedHandled by court of general jurisdiction Heard by court of limited jurisdiction

Adversarial (pleadings are required ) Not adversarial ( petition or application is sufficient )

Statute of Limitations applies No statute of limitations

15-day appeal period 30-day appeal period

JURISDICTION AND VENUE IN SPECIAL PROCEEDINGS

Sigma Rho ( ΣΡ ) reviewers 1


Settlement of estate of deceased persons

i. RTC – Gross value of the estate exceeds P200,000/P400,000ii. MTC – Gross value of the estate does not exceed P200,000/P400,000

If resident – place where deceased resided at time of deathIf non-resident – place where deceased had estate

Escheat

i. Ordinary escheat proceedings: RTC

If resident – place where deceased last residedIf non-resident – place where he had estate

ii. Reversion of land to State for violation of Constitution / Laws: RTC where land lies in whole or in part

iii. Unclaimed deposits (for 10 years): RTC of province where bank is located

*** All banks located in 1 province where court is located may be made parties defendant in 1 action.

Guardianship and custody of children: Family Court

If resident – place where minor/incompetent resides If non-resident – place where minor/incompetent has property

Trustees

i. RTC – Gross value of the estate exceeds P200,000/P400,000ii. MTC – Gross value of the estate does exceed P200,000/P400,000

If will allowed in the Philippines – court where will was allowed If will allowed outside the Philippines – court in place where property is situated

Adoption: Regional Trial Court

If domestic adoption – place where adopter resides If inter-country adoption – court who has jurisdiction over the adoptee

Rescission and revocation of adoption: Regional Trial Court

Hospitalization of insane patient: RTC in place where person alleged to be insane is found

Habeas corpusi. SCii. CAiii. RTC (within its respective region)iv. MTC (in absence of RTC judges in province/city)

Change of name

i. Judicial (Rules of Court): RTC in place where petitioner residesii. Administrative (RA 9048):Civil registar where entry is located or if applicant migrated: civil registar in place where he resides

Consul General: if applicant resides abroad

Voluntary dissolution of corporations: SEC

Constitution of family home: under the Family Code, it is deemed constituted on a house and lot from the time it is occupied as a family residence



Declaration of absence and death: RTC in place where absentee resided before his disappearance

Cancellation of correction of entries in civil registry

i. Judicial (Rules of Court): RTC in place where the civil registry is locatedii. Administrative (RA 1948):Civil registar where entry is located or if applicant

migrated: civil registar in place where he resides Consul General: if applicant resides abroad

RULE 73VENUE AND PROCESS

Section 1. – Where estate of deceased persons settled.

2 Kinds of Settlement A. EXTRAJUDICIAL SETTLEMENT (Rule 74, Section 1) B. JUDICIAL SETTLEMENT proceedings instituted in the country where decedent has his residence

a. intestate- letters of administration b. testate-petition for probate

Venue on settlement proceedings:

1. If the decedent is an inhabitant of the Philippines. – RTC in province which he resides at the time of death.

2. If decedent is an inhabitant of a foreign country. – RTC of any province in which he had estate.

RESIDENCE – connotes physical presence with continuity or consistency in a place where the party actually resides as distinguished from DOMICILE which connotes permanent and “animus rivertendi” or intention to return.

*** This place of residence of the deceased in settlement of estates, probate of a will, and in the issuance of letters of administration is merely constitutive of venue.

*** Filing of probate not in the residence of the deceased is only a matter of venue and not jurisdictional which can be waived by the parties.

CUENCO vs. COURT OF APPEALS (13 SCRA 360)For purposes of determining what court has jurisdiction in the settlement of a deceased’s estate,

the residence of the deceased or the location of his estate is not an element of jurisdiction over the subject matter but merely of venue.

SETTLEMENT OF ESTATE UPON DISSOLUTION OF MARRIAGE:

1. By the death of the husband or wife – the estate shall be settled in the testate or intestate proceedings of the deceased spouse.

2. By the death of both spouses – the estate shall be settled in the testate or intestate proceedings of either.

*** Settlement of estate of deceased Muslims shall be filed before the Shari’a Court (PD 1083).

JURISDICTIONAL FACTS:- Probate court acquire jurisdiction upon the Filing of petition for settlement

A court acquires jurisdiction to probate a will when it is shown by evidence before it that:a. person has died leaving a will;



b. in case of a resident of this country, he died in the province where the court exercises territorial jurisdiction;or

c. in the case of a non-resident, he has left an estate in the province where the court is situated; and

d. the last will or testament of the deceased has been delivered to the court, and is in possession thereof.

EXCLUSIONARY RULE: “ xx The court first taking cognizance of the settlement of the estate of the decedent, shall exercise jurisdiction to the exclusion of all other courts. xxx”

GENERAL RULE: Exclusionary EXCEPTION: 1. laches 2. waiver

GENERAL RULE :The jurisdiction assumed by a court, so far it depends on the place of residence of the decedent, or of the location of his estate, shall not be contested in a suit or proceeding.EXCEPTIONS: 1) In an appeal from that court, in the original case; 2) When the want of jurisdiction appears on the record. Rationale is to preclude other courts from assuming jurisdiction (Cuenco vs. CA 53 SCRA 360)

Remedy if the venue is improperly laid: ordinary appeal not certiorari or mandamus unless want of jurisdiction appears on the record of the case.

NOTE: Jurisdiction under Rule 73 Sec. 1 does not relate to jurisdiction per se but to venue, hence institution in the court where the decedent is neither an inhabitant or have his estate may be waived. (Uriarte vs. CFI)

GENERAL RULE: Probate court cannot issue writs of executionEXCEPTIONS:1. To satisfy the contributive share of the devisees, legates and heirs (Sec. 6 Rule 88)2. To enforce payment of the expenses of partition (Sec. 3 Rule 90)3. To satisfy the court when a person is cited for examination in probate proceeding (Sec. 13,

Rule 142)4. To satisfy the claim in summary settlement proceedings of creditors or heirs who appear within 2 years from the distribution.

DE BORJA vs. VDA. DE BORJA (46 SCRA 577)Where the compromise agreement entered into by and between the various heirs in the personal

capacity, the same is binding upon them as individuals, upon the perfection of the contract, even without previous authority of the court to enter into such agreement. The only difference between an extrajudicial compromise and one that is submitted and approved by the court, is that the latter can be enforced by execution proceeding.

QUESTIONS WHICH THE PROBATE COURT CAN DETERMINE:1. Who are the heirs of the decedent;2. The recognition of a natural child3. The validity of disinheritance effected by the testator;4. Status of a woman who claims to be the lawful wife of the decedent;5. The validity of a waiver of hereditary rights;6. The status of each heir;7. Whether a property in the inventory is conjugal or exclusive;8. All other matters incidental or collateral to the settlement and distribution of the estate.

POWERS OF THE PROBATE COURT:1. Issuance of writs and processes;2. Require the appearance of witnesses;3. Declaration heirship, recognition, disinheritance, status of alleged wife, repudiation;4. Other matters incidental or collateral to the settlement of the estate;5. Issuance of writ of execution;

ISSUE OF OWNERSHIP



GENERAL RULE: Probate courts are of limited jurisdiction and cannot determine issue of ownership.EXCEPTION: 1. Provisionally, ownership may be determined for the purpose of including property in

inventory, without prejudice to its final determination in a separate action; or 2. When all the parties are heirs and they submit the issue of ownership to the probate court

provided that the rights of third parties are not prejudiced (Bernardo vs. CA)

UNARTE vs. CFI OF NEGROS (33 SCRA 252)A party claiming to be an acknowledged natural child of the testator is entitled to intervene in

proceedings for the probate of the will of testator if it is still open or to ask for its reopening if it has already been closed so as to be able to submit for determination the question of his acknowledgment as a natural child of the deceased testator, said court having, in its capacity as a probate court, jurisdiction to declare who are the heirs of the deceased testator and whether or not a particular party is or should be declared his acknowledged natural child.

Section 2. Where the estate settled upon dissolution of marriage.

*** Upon the death of either the husband or the wife, the partnership affairs must be liquidated in the testate or intestate proceedings of the deceased husband or wife. If both have died, liquidation may be made in the testate or intestate proceedings of either.

Q: What is the effect of re-appearance of a person declared dead for purposes of settlement of his estate.

A: If such person is alive, he shall be entitled to the balance of his estate after payment of all his debts. (Such property may be recovered in the condition in which it may be found or its price if sold but he is not entitled to fruits and rent). The balance may be recovered by motion in the same proceeding. > Legitime may be recovered.

RULE 74SUMMARY SETTLEMENT OF ESTATE

KINDS OF SETTLEMENT OF ESTATE:1. Summary settlement of estate of small value;2. Extra judicial settlement;3. Judicial settlement through letters testamentary or letters of administration with or without a will.

GENERAL RULE: If a person dies, his estate is submitted to a judicial settlement proceeding. EXCEPTIONS: The heir/s may resort to: a. extrajudicial settlement of estate

b. summary settlement of estate

Section1. Extrajudicial settlement by agreement between heirs.

MODES OF EXTRA JUDICIAL SETTLEMENT1. Extra judicial settlement by agreement of the heirs under Rule 74 Section 1;2. Action for partition in case of disagreement of the heirs;3. Affidavit of self-adjudication by an heir or extra judicial settlement by one heir filed with the registry of

deeds under Rule 74, Section 1.

REQUISITESSUBSTANTIVE PROCEDURAL

the decedent left a. no will b. no debtsthe heirs are all of age or the minors are

represented by their judicial or legal representatives duly authorized for the purpose

division of estate must be in a public instrument

filed with proper Registry of Deedspublication of notice of petition once a week

for three consecutive weeksbond filed equivalent to the value of personal

property

Is a Public Instrument necessary for the validity of an extrajudicial settlement? NO. Oral agreement of partition is valid among the heirs who participated in the extrajudicial settlement.

WAYS OF EFFECTING EXTRAJUDICIAL PARTITION:



1. public instrument2. stipulation for extrajudicial partition during the pendency of the action of partition

one heir – affidavit of adjudication

If personal property is involved – file a bondIf real estate – no need to file a bond; *** Real estate is subject to a lien in favor of creditors or heirs

- 2 years

EXTRAJUDICIAL SETTLEMENT JUDICIAL SETLLEMENT1. no court intervention 1. requires summary judicial adjudication2. value of the estate immaterial 2. gross estate must not exceed P10T3. allowed only in intestate succession 3. allowed in both testate and intestate4. there must be no outstanding debts of

the estate at the time of settlement4. available even if there are debts; it is the court

which will make provision for its payment5. resorted at the instance and by

agreement of all heirs5. may be instituted by any interested party even

a creditor of the estate without the consent of all heirs

6. amount of bond is equal to the value of personal property

6. bond to be determined by the court

*** There is a presumption that the decedent left no debts if no creditor files a petition for letters of administration within 2 years after the death of the decedent. Such presumption is however, rebuttable.

TORRES vs. TORRES (114 SCRA 478)Where the deceased left no debts and the heirs or legatees are all of age, there is no necessity

for the institution of special proceedings and the appointment of an administrator for the settlement of the estate because the same can be effected either extrajudicially or through an ordinary action for partition.

*** No extra judicial settlement shall be binding upon any person who has not participated therein or had no notice thereof.

LIABILITY OF DISTRIBUTEES AND ESTATE TO:1. Satisfy the share of unduly deprived heir;2. Satisfy the just claim of creditor of decedent within two (2) years after the settlement and

distribution of an estate;3. Satisfy the share of minor or incapacitated person, deprived of his claim;4. Satisfy the share of prisoner or outside the Philippines deprived of his claim; > Within one year after such disability is removed.

SUMMARY SETTLEMENT VS. EXTRA JUDICIAL SETTLEMENT:POINTS OF

COMPARISONSUMMARY SETTLEMENT EXTRA JUDICIAL

SETTLEMENT1) As to Court intervention With the court intervention Without court intervention

2) As to value of the estate

Value of gross estate must be P10,000.00 or less which is jurisdictional

Value of estate is immaterial

3) As to the availability Available both in testate and intestate

Available only in intestate

4) As to debt Apply even if there is debt left

Apply only when there is no debt left

5) As to the consent of heirs

Filed by any interested person even without the consent of the heirs

Filed and resorted to only by the heirs

6) As to the amount of the bond

Amount is determined by the court

Amount is based on the value of personal property

Section 2. Summary Settlement of estate of small value.

Summary settlement of estate is a procedure by which, in a summary manner:a. his debts, if any, are paid;b. his will, if any, is allowed;



c. the heirs and legatees are declared;andd. distribution is made all in a single hearing and a single order without appointment of any administrator or executor.

PROCEDURAL REQUIREMENTS:1. Where the decedent died whether, testate or intestate;2. Gross value of the estate does not exceed P10,000.003. By the petition of an interested person and4. Publication of notice once a week for 3 consecutive weeks in a newspaper of general

circulation in the province of residence and other notice to interested persons;5. After hearing held not less than one (1) month nor more than three (3) months from the date

of the last publication of notice;6. The court may proceed summarily, without the appointment of an executor or administrator,

and without delay, grant:a. Allowance of the will, if any;b. Determine who are the persons legally entitled to participate in the estate, andc. Apportion and divide it among them after the payment of such debts of the estate.

*** Where the estate has been summarily settled, the unpaid creditor may, within 2 years, file a motion in the court wherein such summary settlement was had, for the payment of his credit. After the lapse of the 2-year period, an ordinary action may be instituted against the distributees within the statute of limitations but not against the bond.

IMPORTANT:1. Application must contain allegation of gross value of estate.2. Date for hearing shall be set by court which shall:

a. be held not less than one month nor more than three months from date of last publication of notice;

b. be published, once a week for three consecutive weeks in a newspaper of general circulation.

3. Notice shall be served upon such interested persons as the court may direct.

Section 4. Liability of distributees and estate.

NOTE: The provision of Sec. 4 Rule 74 barring distributees or heirs from objecting to an extrajudicial partition after the expiration of 2 years is applicable only to:1) persons who have taken part or had notice of the extrajudicial partition and2) when the provisions of Sec. 1 Rule 74 have been strictly complied with. (Sampilo vs. CA)

*** Extrajudicial partition is not binding upon any person who did not participate or who had no notice

*** The requirement of a public instrument does not apply when there are no creditors or the rights of creditors are not affected. (Hernandez vs. Andal)

RULE 75PRODUCTION OF WILL. ALLOWANCE OF WILL NECESSARY

Section 1. Allowance necessary, conclusive as to execution.

Custodian of a will - Deliver to court or executor - Within 20 days from knowledge of death

*** Executor to present will & accept or refuse trust within20 days Probate of a will – juridical act whereby an instrument is adjudged valid and is ordered to be

recorded.NATURE OF PROBATE PROCEEDINGS1. Probate proceedings are proceedings in rem hence binding on the whole world.2. It is mandatory.3. It is also imprescriptible, because of the public policy to obey the will of the testator.

*** No will shall pass either real or personal property unless it is proved & allowed in the proper court



*** The doctrine of estoppel does not apply in a probate proceeding by reason of public policy. (Fernandez vs. Dimagiba)

*** Non payment of court fees not jurisdictional

EFFECT OF THE PROBATE OF A WILL: It is conclusive as to the execution and the validity of the will (even against the state). Thus, a criminal case against the forger may not lie after the will has been probated.

EFFECT of ALLOWANCE (conclusive as to) 1) Due execution 2) Validity 3) Capacity of testator

GENERAL RULE: Probate court can only determine the intrinsic validity of a will after its extrinsic validity is established.EXCEPTION: Where the defect is apparent on its face. (Nuguid vs. Nuguid; Balanay vs. Martinez)

Custodian is a person chosen in advance and entrusted with the custody of the will. It does

not refer to a mere possessor of the will.

*** The act penalized in §4 (where the custodian and executor is subjected to a fine for neglect) is a special statutory offense and is properly prosecuted upon complaint or information as other criminal offenses created by law (US vs. Guimco)

MANINANG vs. COURT OF APPEALS (114 SCRA 478)An act done by a probate court in excess of its jurisdiction may be corrected by certiorari. And

even assuming the existence of the remedy of appeal, we hasten to the rule that in the broader interests of justice, a petition for certiorari may be entertained, particularly where appeal would not afford speedy and adequate relief.

REPROBATE: > a specific proceeding to establish the validity of a will proved in a foreign country.

RULE 76ALLOWANCE OR DISALLOWANCE OF WILL

JUDICIAL SETTLEMENT OF AN ESTATE: Settlement is made through court by special proceedings with full-blown procedure with either administrator or executor managing the estate pending trial and until partition and distribution of the remaining estate to the heirs and legacies or devisees. This is governed by Rule 75 up to Rule 90.

KINDS OF JUDICIAL SETTLEMENT OF ESTATE

1. Testate Proceeding where the decedent died leaving a will in which probate proceeding is commenced by petition for allowance of the will and the issuance of letters testamentary;

2. Intestate Proceeding where the decedent died without a will or the same was disallowed which is commenced by petition for issuance of letters of administration.

IMPORTANT ASPECTS OF PROBATE OF ALLOWANCE OF WILLS

*** No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Exception is where the will clearly preterited a compulsory heir which invalidates the whole will, the court need not go through with the probate of the will (Nuguid vs. Nuguid 17 SCRA 449)

*** Subject to the right of appeal, such as allowance of the will shall be conclusive to its due execution.



*** The doctrine of estoppel does not apply in probate proceedings since the presentation of a will are required by public policy and involves public interest (Fernandez vs. Dimagiba Oct. 12, 1967)

*** Doubts are resolved in favor of testacy where the will evidences intent of testator to dispose of his whole estate (Balanay vs. Martinez);

*** Testacy prevails over intestacy such that a pending intestate proceedings must be replaced by a probate proceeding, upon discovery of the existence of that will. If disallowed, it’s the time to go back to intestacy (Cuenco vs. CA 1973)*** The right to petition for probate of will may be filed any time and is (imprescriptible) and not subject to bar by statute of limitations by reason of public policy (Guevara vs. Guevara 98 Phil 249)

*** The probate of will is a proceedings in rem which binds the whole, world that is why it requires publication as constructive notice;

*** The probate court can resolve only questions of ownership provisionally for purposes of including or excluding it in the inventory. It must be threshed out in a separate action. (Sanchez vs. CA 279 SCRA 647)

SUMMARY OF PROCEDURE IN THE ALLOWANCE OF A WILL & JUDICIAL SETTLEMENT OF THE ESTATE: ( Rule 75 to Rule 90 )1. Submission of wills to the court;2. Filing of petition for probate or allowance of will;3. Hearing of Court of proofs of due execution of the will;4. Contest of the will for its disallowance;5. Judgment for allowance of the will and certificate of allowance;6. Registration of the will and certificate of allowance;7. Petition for appointment of executor of letters testamentary;8. Opposition to contest petition for appointment of executor or letters testamentary;9. Petition for appointment of administration if no executor was appointed;10. Appointment of special administrator pending hearing of petition and opposition for Petition

for appointment of executor or administrator;11. Appointment of executor/administrator with all its powers and duties and accountabilities;12. Filing or presentation of claims against the estate of the deceased;13. Inventory and appraisal of the estate of the decedent which includes:14. action by and against executor or administrator15. sale or mortgage or encumbrances of property of estate;16. Payment of the debts of the estate of the deceased;17. Distribution and partition of the residue of the estate;18. Accounting by the Executor/Administrator and closing of the state proceedings

Requisites for Allowance of Will:1. The will was executed in accordance with formalities required by law;2. The will was executed by the testator with sound mind and capable of disposing his estate.

Section 1. Who may petition for allowance of will.1. any creditor2. devisee or legatee named in the will3. person interested in the will4. testator himself

*** PUBLICATION confers jurisdiction over the RES > BUT, if probate is upon testator’s motion, no need for publication

*** NOTICE is required if address or residence of the heirs, legatees and devisees is known > OTHERWISE, court still requires jurisdiction by mere publication DURAN vs. DURAN (20 SCRA 379)

A legal heir, who in a public instrument assigned and renounced his hereditary rights in favor of the decedent’s widow, is not an “interested party” who can institute intestate proceedings and petition for the issuance of letters of administration. He has no more interest in the decedent’s estate.

SUBMISSION OF THE WILLS TO THE COURT FOR PROBATE;By Whom:1. By the custodian of the will – to deliver within 20 days after knowledge of the death of

testator to the court having jurisdiction, or to the executor named in the will.



2. By the Executor – to present the will and/or to accept or refuse the trust within 20 days after knowledge of the death of testator

Penalty for Failure to Comply: 1. A person who neglects any of the duties required herein without excuse satisfactory to the court shall

be fined not exceeding P2,000.00;2. A person having custody of a will who neglects without reasonable cause to deliver the same, when

ordered, by the court having jurisdiction, may be committed to prison and there kept until he delivers the will.

WHAT IS DUE EXECUTION? Due execution means that1. the testator was of sound and disposing mind at the time the will was made2. no duress, fraud or undue influence3. strictly complied with the formalities4. will was genuine and not fraudulent GROUNDS FOR DISALLOWING WILL: 1) Not executed and attested as required by law; 2) Testator was mentally incapacitated to make a will or insane at the time of execution; 3) Executed under duress, influence of fear, or threats; 4) Procured by undue and improper influence and pressure on the part of the beneficiary or of

some other person for his/her benefit; 5) Signature of testator was procured by fraud/trick and she/he did not intend instrument to be

will.

Contents of petition for probate:1) Jurisdictional facts;2) Names, ages and residences of heirs, legatees, and devisees;3) Probable value and character of property of estate; 4) Name of person for whom letters are prayed; and 5) If will has not been delivered to the court, the name of the person having custody of it.

*** No defect in the petition shall render void the allowance of the will or the issuance of letters testamentary or of administration with the will annexed

Differences between petition for probate filed by third persons, and by testator himself.

FILED BY THIRD PERSON FILED BY TESTATOR HIMSELF

Notice published once a week for 3 consecutive weeks

Newspaper publication not required

Personal notice given to designated/known heirs, legatees and devisees

Personal notice sent only to testator’s compulsory heirs

Section 3. Court to appoint time for proving will. Notice thereof to be published.

*** When does court acquire jurisdiction over interested persons and res?Upon sending notices and publication for three consecutive weeks of the order setting the case for hearing. NOTE: 3 consecutive weeks is not strictly 21 days.

*** If petition for probate is on testator’s own initiative during his lifetime, no proof of publication is necessary. Section 4. Heirs, devisees, legatees and executors to be notified by mail or personally.

By mail: 20 days before hearing Personal notice: 10 days before hearing

Section 5. Proof of hearing. What is sufficient in absence of contest.

EVIDENCE in support of will:1. If not contested - court may grant allowance on the testimony of one of the subscribing

witnesses and in a holographic will, the testimony of one witness who knows the handwriting and signature of the testator shall testify and in the absence thereof, by an expert witness.



2. If contested – in notarial wills, ALL subscribing witnesses and notary public must be presented,in holographic wills – 3 witnesses who knows the handwriting of testator. If none is available, expert testimony may be resorted to.

*** However, in Codoy vs. Calugay, the SC ruled that if the holographic will is contested, 3 witnesses who know the handwriting and signature of the testator are now required/mandatory to prove its authenticity and for its allowance.

*** The testimony of the NOTARY before whom the will was acknowledged will prevail over that of the two attesting witnesses who claim undue execution of the will

*** DEPOSITIONS of witnesses may be taken showing them a Xerox copy of the will

*** In case of a HOLOGRAPHIC WILL, it is not mandatory that witnesses be first presented before expert testimony may be resorted to

PROOF OF LOST OR DESTROYED WILL: Requisites: 1. Execution and Validity of will is established;2. Existence of the will is proven at the time of death of testator, or is shown to have been

fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge;3. Provisions are clearly and distinctly proved by at least to (2) credible witnesses. 4. Provisions thereof must be Distinctly stated and certified by the judge, under the seal of the

court, and the certificate must be filed and recorded as other wills are filed and recorded.

*** A lost will cannot be admitted for probate on an agreement of stipulation - Evidence must be presented

GENERAL RULE: Holographic will if destroyed cannot be probated.EXCEPTION: If there exists a Photostat or Xerox copy thereof. ( Gan vs. Yap)

RULE 77ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND

ADMINISTRATION OF ESTATE THEREUNDER

*** NATIONAL LAW of the testator is the one thet governs his testamentary disposition

When may a will of an alien in a foreign country produce effect in the Philippines? If made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with the formalities prescribed by our Civil Code.

*** In the absence of evidence to the contrary, foreign laws on a particular subject are presumed to be the same as those of the Philippines. (Doctrine of Processual Presumption)

*** A will allowed probate in a foreign country, must be re-probated in the Philippines. If the decedent owns properties in different countries, separate administration proceedings must be had in said countries.

PRINCIPAL ADMINISTRATION or domicilliary proceedings- the proceeding in his last domicile ANCILLARY ADMINISTRATION- the administration proceedings where he left his estate.

What should be proved in reprobation?The following need to be established:1. due execution of the will in accordance with foreign laws;2. domicile of the testator in the foreign country and not in the Philippines;3. that the will has been admitted to probate in such country;4. that the foreign tribunal is a probate court;5. the laws of a foreign country on procedure and allowance of the will in accordance therewith

and in the absence of proof of foreign law, processual presumption applies.

SUNTAY vs. SUNTAY (95 PHIL 500)



The lack of objection to the probate of a last will will not relieve the proponent thereof or the party interested in its probate from establishing its due execution and proving clearly and distinctly the provisions thereof by at least two credible witnesses as provided for in Section 6 Rule 77 of the Rules of Court.

RULE 78LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND

TO WHOM ISSUED.

PEOPLE WHO CAN ADMINISTER THE ESTATE:1. Executor;2. Administrator, regular or special (Rule 80); and3. Administrator with a will annexed (Rule 79, Section 1)

EXECUTOR - The one appointed by the testator in his will for the administration of his property after his death.

ADMINISTRATOR - One appointed by the State for the administration of the property of the deceased in case the decedent failed to leave a will, or if he failed to appoint one even if he left a will, or executor named is not competent or refuses the office.

ADMINISTRATOR WITH A WILL ANNEXED – one appointed by the court in cases when, although there is a will, the will does not appoint any executor, or if appointed, said person is either incapacitated or unwilling to serve.

Any competent person may serve as executor or administrator – He is incompetent if:1. a minor2. a non-resident3. one who in the opinion of the court is unfit to exercise the duties of the trust by reason of a. drunkenness b. improvidence c. want of understanding and integrity

d. conviction for an offense involving moral turpitude

Requisites for a person to be appointed executor or administrator:1) Accepts the trust2) Gives a BOND3) Competent

LETTERS TESTAMENTARY - Authority issued to an executor named in the will to administer the estate.

Petition for Issuance of Letters of Administration – GROUNDS FOR ISSUANCE: 1. No executor is named in the will, or2. Incompetent executor or executors,3. Refusal of executor to accept trust, or4. Executor failed to give Bond, or5. A person dies IntestateORDER OF PREFERENCE1) The surviving husband or wife or the next of kin, or both in the discretion of the court, or to

such person as such surviving spouse or next of kin, request to have appointed, if competent and willing to serve.

2) If the surviving spouse or the next of kin or the person selected by them be incompetent or unwilling to serve, or if the surviving spouse or next of kin neglects for thirty (30) days after the death of the decedent to apply for administration, ANY one or more of the principal creditors , if competent and willing to serve.

3) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.

*** The ORDER OF PREFERENCE: this provision is not mandatory for the courts to obey.

IN RE: INTESTATE OF DE GUZMAN (67 PHIL 404)



The preference provided by law for the appointment of the administrator of the estate is not absolute if there are other reasons justifying the appointment of an administrator other than the surviving spouse. If under the circumstances of each case, it develops that there is another who has more interest therein than the surviving spouse, the preference established in the latter’s farm becomes untenable.

GABRIEL vs. COURT OF APPEALS (21 SCRA 413)Failure to apply for letters of administration for thirty days after the decedent’s death is not

sufficient to exclude the widow from the administration of the estate of her husband. Just as the order of preference is not absolute and may be disregarded for valid cause so may the thirty-day period be likewise waived.

RULE: Administration extends only to the assets of the decedent within the state where it was granted

- No power over property in another state

RULE 79OPPOSING ISSUANCE OF LETTERS TESTAMENTARY PETITION AND

CONTENTS FOR LETTERS OF ADMINISTRATION

Contents of a petition for letters of administration:a. jurisdictional facts; b. name, age, residence of heirs and creditors;c. probable value and character of the propertyd. name of the person for whom letters is prayed for

NOTE: Essentially the same as contents of petition for probate, except: (1) latter has an additional requirement (the last; see Rule 76); and (2) in the latter, no need to name creditors in the petition.

What is the main issue in an administration proceeding? Who is the person rightfully entitled to administration.

GROUNDS FOR OPPOSING 1) Incompetency 2) Contestants right to administration 3) Requirements not fulfilled

*** Even where a person who had filed a petition for the allowance of the estate of the deceased person had no right to do so in view of his lack of interest in the estate, nevertheless, where the interested persons did not object to its application, the defect in the petition would be deemed cured. The filing of the petition may be considered as having been ratified by the interested parties. (Eusebio vs. Valmores 97 PHIL 163)

DE GUZMAN vs. ANGELES (162 SCRA 347)Notice through publication of the petition for the settlement of the estate of a deceased person is

jurisdictional, the absence of which makes court orders affecting other persons, subsequent to the petition void and subject to annulment.

RULE 80SPECIAL ADMINISTRATOR

Special Administrator – appointed when there is a delay in granting letters testamentary or of administration by any cause, including an appeal from the allowance or disallowance of the will.

When may a probate court appoint a special administrator?a. delay in granting of letters including appeal in the probate of the will.b. executor is a claimant of the estate he representsc. executor or administrator becomes insane or incapacitated

Powers and duties:a. possession and charge of the propertiesb. commence and maintains suit for the estatec. sell perishable property



d. pay debt as ordered by the court

When does the power of a special administrator cease? After the letters are granted.

*** Appointment of a special administrator under this rule is not mandatory but the judge may do so in the exercise of its discretion.Is appointment of special administrator appealable?NO, the same is interlocutory. However, appointment of a REGULAR ADMINISTRATOR is appealable because it is a final order.

*** A special administrator is not authorized to pay the estate unless so ordered by the Court.

RULE 81BONDS OF EXECUTOR AND ADMINISTRATOR

Section 1. – Bond to be given before issuance of letters. Amounts. Conditions.

Before an executor or administrator enters upon execution of his trust, he shall give a bond conditioned as follows:

1. make an inventory within three months 2. inventory of property which came to his

knowledge and possession administer all goods, chattels, rights, credits and

3. estate and from the proceeds pay all debts and charges4. render an account within one year

5. perform all orders of the court

Section 4. Bond of special administrator.

Must give a bond conditioned that:a. He will make inventory.b. He will truly account for such.c. He will deliver the same to person appointed executor or administrator.*** The bond is effective as long as the court has jurisdiction over the proceedings.

RULE 82REVOCATION OF ADMINISTRATION, DEATH, RESIGNATION AND

REMOVAL OF EXECUTORS AND ADMINISTRATORS

When Letters of Administration revoked: 1) Newly discovered will 2) Letters of administration illegally issued

*** The discovery of a will does not ipso facto nullify the letters of administration already issued or the revocation thereof until the will has been proved and allowed pursuant to Rule 82 Sec. 1. (De Parreno vs. Aranzanso)

Section 2. Court may remove or accept resignation of executor or administrator. Proceedings upon death, resignation or removal.

Grounds for removal or for compelling resignation are:1. Neglect to render accounts; (w/in one year or when the court directs)2. Neglect to settle estate according to these rules;3. Neglect to perform an order or judgment of the court or a duty expressly provided by these

rules;4. Absconding;5. Insanity or incapability or unsuitability to discharge the trust. These grounds are exclusive.

GONZALES vs. AGUINALDO (190 SCRA 112)



To justify removal of an administrator, there must be evidence of an act or omission on the part of the administrator not conformable to or in disregard of the rules or orders of the court.

A temporary residence outside of the state, maintained for the benefit of the health of the executor’s family is not such removal from the state as to necessitate his removal as executor.

DE PARRENO vs. ARANGANSO(116 SCRA 117)An administrator does not have to be an heir. The ouster of a person of the right to intervene in

an intestate proceeding as an heir is not a ground for revocation of her authority to act as an administrator of the estate.

ALLOWANCE – monetary advances subject to collation and deductible from their share in the estate of the decedent.

*** Though the Rules of Court provides that only minors and incompetents can have allowance, the Civil Code and Family Code does not distinguish with regard to the beneficiaries.

Section 3. Acts before revocation, resignation, or removal to be valid.*** Acts of an administrator or executor before the revocation of letters administration or testamentary are valid unless proven otherwise.

RULE 83INVENTORY AND APPRAISAL PROVISION FOR SUPPORT OF FAMILY

Section 1. – Inventory and appraisal to be made within three months from the grant of letters testamentary or of administration

*** Approval of an inventory is not a conclusive determination of what assets constituted the decedent’s estate and of the valuation thereof. Such determination is only provisional and a prima facie finding of the issue of ownership.

*** For purpose of determining whether or not property should be included in the inventory, the probate court may decide provisionally on such ownership

Properties not to be included in inventory as assets of the estate:1) Wearing apparel of surviving spouse and minor children;2) Marriage bed and bedding; AND 3) Provisions and articles which will necessarily be consumed in the subsistence of the deceased’s family.

Section 3. – Allowance to widow and family.

SANTECO vs. COURT OF APPEALSSince the provisions of the Civil Code, a substantive law, gives the surviving spouse and the

children the right to receive support during the liquidation of the estate of the deceased, such right cannot be impaired by Section 3 of Rule 83 of the Rules of Court which is a procedural rule. However, with respect to the spouse, the same must be the legitimate spouse.

Who are entitled to allowance during proceedings?According to the Civil Code, Art. 188, the children need not be minors or incapacitated to be entitled to allowance.

*** Grandchildren not included in receiving allowance

*** SUPPORT is in the character of advance of share in inheritance

*** When liabilities exceed the asset of the estate his widow and children are not entitled to support pending the liquidation of the intestate estate, on the ground that such support, having the character of an advance payment to be deducted from the respective share of each heir during distribution.

RULE 84GENERAL POWERS OF EXECUTORS AND ADMINISTRATORS



Section 3. Executor and administrator to retain whole estate to pay debts, and to administer estate not willed.

POWERS OF EXECUTOR / ADMINISTRATOR OF THE ESTATE.1. To have access to, and examine and take copies of books and papers relating to the

partnership in case of a deceased partner;2. Examine and make invoices of the property belonging to the partnership in case of a

deceased partner;3. Make improvements on the properties under administration with the necessary court

approval except for necessary repairs;4. To possess and manage the estate when necessary:

a. for the payment of debts; andb. for payment of expenses of administration

SOME RESTRICTIONS ON POWER OF ADMINISTRATOR/EXECUTOR:1. cannot acquire by purchase, even at public or judicial auction, either in person or mediation of

another, the property under administration2. cannot borrow money without authority of the court3. cannot speculate with funds under administration4. cannot lease the property for more than one year5. cannot continue the business of the deceased unless authorized by the court6. cannot profit by the increase or decrease in the value of the property under administration

RULE 85ACCOUNTABILITY AND COMPENSATION OF EXECUTORS AND

ADMINISTRATORS

Section 2. Not to profit by increase or loss by decrease in value.

GENERAL RULE: The executor or administrator is accountable for the whole estate of the deceased.EXCEPTION: He is not accountable for properties which never came to his possession.EXCEPTION TO THE EXCEPTION: When through untruthfulness to the trust or his own fault or for lack of necessary action, the executor or administrator failed to recover part of the estate which came to his knowledge.

*** Administrator or executor shall not profit by the increase of the estate nor be liable for any decrease which the estate, without his fault, might have sustained.Section 6. When allowed money paid as costs.

*** Generally, costs charged or allowed against an executor or administrator in actions brought or prosecuted by or against him should be paid out of the estate of the deceased, unless he did not act in good faith.

Section 8. When executor or administrator to render account. RULE: Within one year from the time of receiving letters testamentary or letters of administration.EXCEPTION: There is allowed an extension of time for presenting claims against or paying the debts of the estate for disposing of the estate but even in such cases, the administration should be terminated in not more than two-years and a half.

EXPENSES OF ADMINISTRATION: those necessary for the management of the property, for protecting it against destruction or deterioration, and possibly for the production of fruits.

Not proper expenses of administration which are not chargeable to estate:1) Services rendered by administrator which are not beneficial to the estate in favor of an heir;



2) Premiums for her/his bond;3) Expenses for repair of property of the estate being used and occupied by him;4) Expenses for keeping ordinary records and receipts involved in his administration;5) Losses incurred in conduct of business with use of funds of the estate.

Options of attorney to collect attorney’s fees from estate:1) Sue administrator/executor in the latter’s personal capacity (who may then include any fees so paid in his account); OR

2) File a petition in the testate/intestate proceedings asking the court, after notice to all interested persons, to allow his claim and to direct the executor/administrator to pay it as an expense of administration.

RULE 86CLAIMS AGAINST ESTATE

Section 1. Notice to creditors to be issued by court.

*** Upon the death of a person, all his property is burdened with all his debts, his death creating an equitable lien thereon for the benefit of the creditors

CLAIM - any debt or pecuniary demand against the decedent’s estate

When may a court issue notices to creditors? Immediately after granting letters testamentary or of administration.

Notice for filing of claims: 1) Published once a week for 3 successive week in newspaper of general circulation;2) Posted:

a. In 4 public places in PROVINCE of last residence of decedent;b. In 2 public places in MUNICIPALITY of decedent’s last residence.

Claims which must be filed with the probate court:1) All claims for money against decedent arising from contract;2) Claims for funeral expenses and for the last illness;3) Judgment for money.

*** The object of the law in fixing the time within which claims against the estate may be filed is for the speedy settlement of the affairs of the deceased person and early delivery of the property of the estate into the hands of the persons entitled to receive it.

*** Claims arising after his death cannot be presented except for funeral expenses and expenses of the last sickness of the decedent.

*** Claims for taxes due and assessed after the death of the decedent need not be presented in the form of a claim. The court in the exercise of its administrative control over the executor or administrator may direct him to pay such taxes. And the heirs, even after distribution are liable for such taxes.

PHILIPPINE NATIONAL BANK vs. VDA. DE VILLARIN (66 SCRA 590)Where the claimant bank filed a petition for the issuance of letter of administration stating therein

that it was one of the creditors of the estate of the deceased, it can be considered for all legal intents and purposes that the claimant bank has made known its claim against it and since the aforesaid petition was filed within the 10-year prescriptive period for the revival of the money judgment, the claimant bank may be deemed to have filed its claim on time. In effect, the filing of the petition for the issuance of letters of administration is the first concrete step to take so that the creditors of the estate of the deceased may be known and recognized.

Sec. 2. Time within which claims shall be filed.

*** Not more than 12 months nor less than six months after the date of the first publication of the notice, at the discretion of the court.



*** Before order of distribution is entered, on application of a creditor who has failed to file its claim within the time fixed, the court may, for cause shown and on such terms as are equitable, allow such belated claim to be filed within a time not exceeding 1 month.

STATUTE OF NONCLAIMS - failure to file claim within said period will bar recovery by creditor.

*** Death of the creditor does not suspend statute of non-claims

*** While the Statute of Non-claims is preferred over the Statute of Limitations , the claim will still be barred even if the Statute of Non-claims has not yet expired, if the Statute of Limitation has lapsed. (PNB vs. Villarin)

Section 5. Claims which must be filed under notice. If not filed, barred, exceptions.

*** Claims referred to under this section refer to claims for the recovery of money and which are not secured by a lien against the property of the estate.(Olave vs. Carlos)

What claims should be filed under the Statute of Non-claims:1. Money claims, debts incurred by deceased during his lifetime arising from contract

a. express or impliedb. due or not duec. absolute or contingent

2. Claims for funeral expenses and for the last illness of the decedent.3. Judgment for money against decedent.

CONTINGENT CLAIM – one which depends for its demandability upon the happening of a future uncertain event.

INTESTATE ESTATE OF BUAN vs. LAYAA contingent claim is one which, by its nature is necessarily dependent upon an uncertain event

for its existence or validity. A contingent claim does not follow the temporary orders of dismissal of an action upon which it is based; awaits the final outcome thereof and only the final result can cause its termination. It is to be presented in the same manner as an ordinary claim and when the contingency arises which converts the contingent claim into a valid claim, the court should then be informed that the claim had already matured.

Alternative remedy of a creditor who is barred by the Statute of Non-claims:To file counterclaims in any suit that the executor or administrator may bring against the claimant.

DIZON vs. COURT OF APPEALS (210 SCRA 107)If the defendant dies after final judgment of the Regional Trial Court, the action is not dismissed

and an appeal may be taken by and against the administration, but if that judgment against the deceased becomes final and executory, it shall be enforced, not by execution under Rule 39 but in accordance with Section 5 of Rule 86 (i.e., by preventing the same as a claim against the estate.)

NOLLEDO vs. NLRC (238 SCRA 52)Claims of petitioner for underpayment of wages, legal holiday pay, separation pay and retirement

benefit are actually money claims against the estate of Felipe Bacani. They must be filed against his estate in accordance with Sec.5 Rule 86.

Section 6. Solidary obligation of decedent.

*** If obligation of the decedent is solidary, how is the claim settled? Claim should be filed against decedent as if he were the only debtor without prejudice on the part of the estate to recover contribution from the other debtor.

*** If obligation is joint, the claim must be confined to the portion belonging to the decedent.

Section 7. Mortgage debt due from estate.

REMEDIES OF THE CREDITOR:



1. Abandon security and prosecute his claim against the estate and share in the same general distribution of the assets of the estate;

2. Foreclose by action in court making executor or administrator a party defendant and if there is judgment for deficiency, he may file a claim against the estate.

3. Rely solely on his mortgage and foreclose the name at anytime within the period of the statute of limitation but he cannot be admitted as creditor and shall not receive in the distribution of the other assets of the estate;

*** These remedies are alternative, the availment of one bars the availment of other remedies.

*** Does not preclude the executor or administrator from redeeming the property mortgaged or pledged

- Paying the debt with court approval

Section 13. Judgment allowing claim, effect of.

*** Judgment against executor and administrator shall not create any lien upon the property of the estate or does not constitute a specific lien which may be registered on such property.

*** Judgment of a probate court approving or disapproving a claim shall not anymore be “appealable as in ordinary cases” because now, in special proceedings you still need to filerecord on appeal (notice of appeal on ordinary cases) and the period of appeal is not 15 days but 30 days from notice of judgment.

VILLANUEVA vs. RAMOS (161 SCRA 363)Courts can extend the period within which to present claims against the estate even after the

period limited has lapsed not only under special circumstances. Absent any showing of excusable negligence, mistake, accident or fraud warranting interpretation of a court of equity, the money claim may no longer be allowed.

RULE 87ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS

Actions which may be brought against executor and administrators (not against the estate): 1. recovery of real or personal property or any interest therein from the estate2. enforcement of a lien thereon3. action to recover damages for any injury to person or property, real or personal (tortuous

acts)

1-3 are actions that survive the decedent

ACTIONS WHICH MAY NOT BE BROUGHT [DOES NOT SURVIVE] - Claim for recovery of money, debt or interest thereon, arising from contract

REMEDY: File against the estate

*** Executor or Administrator may compromise with debtor for a debt due with approval of the court

*** Mortgage due estate may be foreclosed by executor or administrator

*** Executor or Administrator is liable if failure to foreclose causes damage

*** Probate court has not jurisdiction to adjudicate the rights & obligations of parties arising from a contract

AGUAS vs. LLEMOS (5 SCRA 959)Actions that are abated by death are 1) claims for funeral expenses and those for the last

sickness of the decedent; 2) judgment for money, and 3) all claims for money against the decedent, arising from contract express or implied. The phrase “express or implied includes all purely personal obligation other than those which have their source in delict or tort.

CIRCA NILA DEV’T CORP. vs. BAYLEN (157 SCRA 609)



A probate court is a tribunal of limited jurisdiction. It acts on matters pertaining to the estate but never on rights to property arising from contract. It approves contracts entered into for and on behalf of the estate or the heirs to it but this is by fiat of The Rules of Court. In that case, judicial approval is necessary for the validity of such contracts. It cannot, however, adjudicate the rights and obligations of the parties thereto. Compliance with the terms and conditions thereof may be compelled by specific performance, jurisdiction over which is vested in The Regional Trial Court acting as a court of general jurisdiction.

VALERA vs. INSERTO (149 SCRA 533)The Regional Trial Court acting as a probate court exercises limited jurisdiction and without

power to determine the issue of title to property claimed by a third person adversely to the decedent unless the claimant and all other parties having legal interest in the property current to the submission of the question to the probate court on the interest of third persons are not prejudiced. The reason for the exception being that the question of whether or not a particular matter should be resolved by the court in the exercise of its general jurisdiction as a special court is in reality not a jurisdictional but in essence of procedural one, involving a mode of practice which may be waived.

Section 3. Heir may not sue until share assigned.*** Before distribution is made or before any residue is known, the heirs and devisees have no cause of action against the executor or administrator for recovery of the property left by the decedent.

Section 6. Proceedings when property concealed, embezzled or fraudulently conveyed.

PURPOSE: To elicit information or to secure evidence from those persons suspected as having possessed or having knowledge of properties belonging to deceased, or of having concealed, embezzled or conveyed away any properties of the deceased.

GUANCO vs. NATIONAL BANK (54 PHIL. 244)The purpose of the proceedings for examining persons suspecting of having concealed,

embezzled or conveyed away property of the deceased is to elicit evidence and it does not authorize the court to enforce delivery of possession of the thing involved. To obtain such possession, recourse must be had to an ordinary action.

GENERAL RULE: The probate court has no authority to decide whether or not the properties belong to the estate or to the person being examined since probate courts are courts of limited jurisdiction.EXCEPTIONS:1. Provisional determination of ownership for inclusion in the inventory; or 2. Submission to the court’s jurisdiction (Bernardo vs. CA)

CUIZON vs. RAMOLETE (129 SCRA 495)Probate court is without authority to deprive third persons of possessions and ownership of

property and covered by transfer certificate of title in the name of such third party. Probate court is without jurisdiction to issue such order.

All that the said court could do is to determine whether they should or should not be included in the inventory or list of properties to be administered by the administration. Of these is a dispute, the parties have to resort to an ordinary action in a final determination of the conflicting claims of title because the probate court cannot do so.

Section 9. Property fraudulently conveyed by the deceased may be recovered. When executor or administrator must bring action.

*** This provision applies when there is a deficiency of assets in the hands of the executor or administrator for the payment of the debts and expenses for administration for it is under this circumstance that there may be conveyances made by the deceased with intent to defraud the creditor.

Requisites for creditor (instead of the executor/administrator) to be able to file an action to recover property fraudulently conveyed by the decedent:1) There is a deficiency of assets in the hands of the executor/administrator for the payment of

the debts and expenses;2) The deceased in his lifetime had made (or attempted) a fraudulent conveyance of his

property with intent to defraud his creditors, or to avoid any right, debt or duty, or had made any such conveyance which would be void as against his creditors;



3) The subject of the conveyance would be liable to attachment by any of the creditors during the decedent’s lifetime;

4) The executor/administrator has shown to have no desire or interest to file the action, or has failed to do so within a reasonable time;

5) Leave of court is obtained;6) A bond is filed by the creditor to indemnify the exec/admin against all costs and expenses

incurred by reason of the action; and 7) The action is brought in the name of the exec/admin.

HOWEVER, if the exec/admin was himself the transferee of the fraudulent conveyance, the last 3 requisites are not required, and the action is brought in the name of all the creditors.

Requisites before action may be filed:1. deficiency in assets2. the conveyance made is void (when there are badges of fraud)3. subject of conveyance is liable for attachment in lifetime of decedent.

Section 10. When creditor may bring action. Lien for costs.

When a grantee in a fraudulent conveyance is other than the executor or administrator, a creditor may commence and prosecute the action if the following requisites are present:1. That the executor or administrator has shown to have no desire to file the action or failed to

institute the same within the reasonable time.2. Leave is granted by court to creditor to file the action.3. Bond is filed by creditor as prescribed in this provision and;4. Action by creditor is in the name of the executor or administrator.

NOTE: These requisites need not be complied with if the grantee of the fraudulent conveyance is the executor or administrator himself, in which event the action should be in the name of all creditors.

RULE 88PAYMENT OF THE DEBTS OF THE ESTATE

Section 1. Debts paid in full if estate sufficient.

*** A probate court loses jurisdiction of the estate only after payment of all the debts & remaining estate is delivered to the heirs entitled to receive

CONDITIONS FOR PAYMENT1) Hearing on all money claims2) Amount ascertained3) Sufficient funds to pay claims

Order of payment of debts:1) From portion of property designated in the will;2) From personal property not disposed of by will;3) From real property not disposed of by will.

IF DEFICIENT- contributions

*** If insolvent as in liabilities are more than the assets, Sec.7 in relation to Art. 1059 and 2239 to 2251 of the Civil Code must apply. Use rule on preference of creditors. If sufficient to satisfy claims of a class.

WHEN REAL PROPERTY IS CHARGEABLE1) Personal property insufficient2) Sale of personal property is detrimental to participants

Section 2. Part of the estate from which debt paid when provision left by will.

NOTE: Although testator acknowledged a specific debt on his will, the creditor must still file his claim in the testate or intestate proceedings, otherwise his claim will be barred.



Section 4. Estate to be retained to meet contingent claims.

REQUISITES:1. contingent claim is duly filed2. court is satisfied that the claim is valid.3. The claim has become absolute.

What is the effect of a claim approved by the court under the Rule 88?

The general rule is that execution does not lie, there is no lien over the claim, rather, it shall be paid in due course because the specific procedure is for the court to order the sale.

The EXCEPTION is when there is prior possession by the heirs, legatees or devisees before actual distribution. Section 15. Time for paying debts and legacies fixed, or extended after notice, within what periods.

TIME FOR PAYING DEBTS & LEGACIES1 YEAR = upon grant of Letters testamentary/Letters of administration6 months = per single extension2 YEARS = maximum period2 ½ YEARS = successor of dead executor may extend time for payment for 6 months,

beyond 2 years

*** Periods set for herein is merely discretionary and not mandatory.

INTESTATE ESTATE OF GONZALES vs. GUIA (75 PHIL. 245)In the administration and liquidation of the estate of the deceased person, sales ordered by the

probate court in payment of debts are final and not subject to legal redemption. Unlike in ordinary execution sales, there is no legal provision allowing redemption in the sale of property for payment of debts of a deceased person.

RULE 89SALES, MORTGAGE AND OTHER ENCUMBRANCES OF THE

PROPERTY OF THE DECEASED

Section 1. Order of sale of personalty

The court may order the whole or part of the personal estate to be sold if necessary:1. to pay debts and expense of administration2. to pay legacies3. to cover expenses for the preservation of the estate

Section 2. When court may authorize sale, mortgage or other encumbrances of realty to pay debts and legacies though personality not exhausted.

IMPT: without notice, the sale, mortgage or encumbrance is void. Notice is mandatory. Noncompliance therewith under the sale is null and void. (Maneclang vs. Baun)

BONAGA vs. SOLER (2 SCRA 755)A sale of properties of an estate under administration must comply with the provisions on notice

to heirs and hearing of application. Without them, the authority to sell, the sale itself and the order approving it would be null and void ab initio.

MANEDANG vs. BAUN (208 SCRA 179)



For purposes of complying with the requirement of notice under Rule 89 of the Rules of Court, it does not follow that notice to the father is notice to the children. The requisites set forth in Rule 89 are mandatory and essential. Without them, the authority to sell, the sale itself and the order approving it would be null and void ab initio.

When may the court order the sale or conveyance of real estate:1. Personal estate is not sufficient to pay debts, expenses of administration and legacies.2. Sale of personal estate may injure the business or interests of those interested in the estate3. Testator has not made sufficient provision for payment of such debts, expenses and legacies4. Deceased was in his lifetime under contract, binding in law to deed real property to

beneficiary. (Section 8)5. Where the deceased in his lifetime held real property in trust for another person (Section 9)

MANOTOK REALTY vs. CA (149 SCRA 174)Although the Rules of Court do not specifically state that the sale an immovable property

belonging to an estate of a decedent, in a special proceeding, should be made with the approval of the court, this authority is necessarily included in its capacity as a probate court.

Reasons to sell personal property:1) Payment of debts, expenses of administration and legacies in the Philippines2) Sale would be beneficial to persons interested in the estate;3) Payment of debts, expenses and legacies involved in settlement of estate of decedent in a foreign country.

PERSONS PROHIBITED TO ACQUIRE PROPERTIES1) Executor / Administrator2) Judges & Court officers3) Lawyers

Section 5. When court may authorize sale, mortgage or other encumbrance of estate to pay debts and legacies in other countries.

*** Allowed when it appears from records and proceedings of a probate court of another country that the estate of the deceased in foreign country is not sufficient to pay debts and expenses.

Application for authority to sell, mortgage or encumber property of the estate may be denied by the court if:1. the disposition is not for any of the reasons specified by the rules or if,2. under Section 3 Rule 89, any person interested in the estate gives a bond conditioned to

pay the debts, expenses of administration and legacies.

RULE 90DISTRIBUTION AND PARTITION OF THE ESTATE

Section 1. When order for distribution of residue made.

GENERAL RULE: order for distribution shall be made AFTER payments of all debts, funeral expenses, expenses for administration, allowance of widow and inheritance tax is effected.

In these proceedings, the court shall: 1. collate2. determine heirs3. determine the share of each heir.

When is title vested? From finality of order of distribution.



*** Only after partition is approved and not before, the court may order the delivery to the heirs of their respective shares except when the heir file a bond conditioned to pay the debts. *** An order which determines the distributive shares of heirs is appealable. If not appealed, it becomes final.

When does the probate court loss jurisdiction over the settlement proceedings? Upon payment of all debts and expenses of the obligor and delivery of the entire estate to all the heirs. (Timbol vs. Cano)

SOLICIO vs. COURT OF APPEALS(182 SCRA 119)The probate court loses jurisdiction of an estate under administration only after the payment of all

debts and the remaining estate delivered to the heirs entitled to receive the same. The finality of the approval of the project of partition by itself alone does not terminate the probate proceeding. As long as the order of distribution of the estate has not been complied with, the probate proceeding cannot be deemed closed and terminated because a judicial partition is not final and conclusive and does not prevent the heirs from bringing an action to obtain his share. The better policy, however, for the heir who has not received his share, is to demand his share through a proper motion in the same proceeding or for the reopening of the administrative proceeding if it has already been closed and not through an independent action.

In order that an order of distribution may be issued, the following are the conditions precedent:1. showing that the executor, administrator or person interested in the estate applied for such;

and2. the requirements as to notice and hearing upon such application have been fulfilled

Remedy of heir who has not received his share of the estate:

1) If excluded from the proceedings :

*** move for reopening of the proceedings before the order declaring the same closed has become final and executory (after 30 days);

2) If not excluded, but only has not yet received his distributive share under the project of partition :

*** remedy is not to move for reopening (since proceedings are only deemed closed upon actual distribution), but to file a motion for execution within the reglementary period (5 years).

RULE ON WRIT OF EXECUTIONGEN. RULE: not allowedEXCEPTIONS—

1) Satisfy contributive shares 2) Enforce payment of expenses 3) Satisfy the courts when a person is cited for examination

RULE 91ESCHEATS

ESCHEATS, defined – it is a term of French or Norman derivation meaning chance or accident, which is the reversion of property to the State when the title thereto fails from defect of an heir. It is the falling of a decedent’s estate into the general property of the State.

3 INSTANCES of ESCHEATS:1. where a person dies without a will or heir leaving property in the Philippines (Section 1)2. REVERSION sale in violation of the constitution3. Unclaimed Balance Act

*** it is commenced by petition not complaint.



REQUISITES OF ESCHEATS:1. A person dies Intestate leaving no heir or person by law entitled to his estate;2. The said person Left real or personal property in the Philippines;3. Petition is filed by the Solicitor General or his representative in behalf of the Republic of the

Philippines and praying that the estate of the deceased be declared escheated.4. The said petition is filed in the court of the place of last Residence of the deceased last

resided or in which he has Estate if he is a non-resident;\

Notice of hearing to be published once a week for 6 weeks;

Date of hearing shall be not more than 6 months from entry of order fixing date of hearing.

Who files? a. Solicitor Generalb. Representative of the Solicitor General

Venue: RTC of the province in which the deceased last resided :In actions for unclaimed deposit, venue is the place where money is deposited.

PROPERTIES SUBJECT OF ESCHEATS:1. Properties left by decedent without a will and without an heir;2. Properties left by decedent with an invalid will and without an heir;3. Properties subject of illegal sales of land to disqualified aliens in violation if the Constitution

or public land laws;4. Properties obtained through corrupt practices;

PROCEDURAL REQUIREMENTS:1. Petition sufficient in form and substance;2. Publication of time and place of hearing of petition before the hearing at least once a week

for six (6) successive weeks in some newspaper of general circulation published;3. Hearing and judgment upon satisfactory proof in open court on the date fixed;

REPUBLIC vs. CFI OF MANILA (165 SCRA 11)Rule 4 of the Rules of Court cannot govern escheat proceedings principally because said action

refers to personal actions. Escheat proceedings are actions in rem which must be brought in the province or city where the res (where the dormant deposit) is located.

What is the basis of the state’s right to receive property in escheat? Order of succession under the Civil Code.

Section 4. When and by who claim to estate escheated filed.

Period: within five years from the date of judgment – under 1014 of the Civil Code, from date property is deliveredBy whom: person of interest

*** Devisee, legatee, heir, or any other person entitled to the estate may file a claim with the court within 5 years from date of the judgment.

DISPOSITION OF ESCHEATED PROPERTIES:

1. Personal Properties – given to the municipality or city where he last resided in the Philippines, or if non-resident, to the place of his estate;

2. Real Properties – given to the municipalities or cities in which the same is situated;

3. Trust Fund – the court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used.

PURPOSE: Such estate shall be for the benefit of public schools, and public charitable institutions and centers in said municipalities or cities.



PRESCRIPTIVE PERIOD: Claim against the estate by a devisee, legatee, heir, widow, widower or other person entitled to such estate must be made within five (5) years from the date of such judgment a claim not made within said time shall be forever barred.

LIABILITY OF MUNICIPALITY OR CITY: Shall be accountable to him for the proceeds, after deducting reasonable charges for the care of the estate;

Can an administration proceeding be converted into estate proceeding? No. There are different procedures. Procedures in both are jurisdictional.

GENERAL GUARDIANS AND GUARDIANSHIP

RULE 92 VENUE

Section 1. Where to institute proceedings.

Venue:a. if resident – RTC of the province where the minor or incompetent residesb. if non-resident – RTC of the province where the property or part thereof is situated

Under BP 129 – the value of the estate is no longer jurisdictional.

Section 2. Meaning of word incompetent

Incompetent includes:1. those suffering from penalty of civil interdiction2. hospitalized lepers3. prodigals4. deaf and dumb who are unable to read and write though they have lucid intervals.5. persons not of unsound mind but by reason of age, disease, weak mind and other similar

causes cannot take care of themselves or manage their property.

Section 3. Transfer of venue*** Venue may be transferred to court of another province where ward has acquired real property, if he has transferred thereto his bonafide residence. No additional court fees need to be paid.

RULE 93APPOINTMENT OF GUARDIANS

GUARDIANSHIP, defined – is a trust relation in which person acts for another called the “guardian”, which the latter, the law regards as incapable of managing his own affairs called the “ward”.

KINDS OF GUARDIAN:

1. LEGAL GUARDIAN – who is such by provision of law without the need of judicial appointment like a father or mother of a minor;

2. GUARDIAN AD LITEM – who may be any competent person appointed by the court for purposes of assisting the ward in a particular action or proceedings;

3. JUDICIAL GUARDIAN – who is competent person appointed by the court over the person and/or property of the ward to represent the latter in his civil acts and transactions.



Section 1. Who may petition for appointment of guardian for residents.

WHO MAY FILE THE PETITION FOR APPOINTMENT OF GUARDIAN: 1. minor himself if 14 years old or over2. any relative3. any friend4. or other person on behalf of minor or incompetent5. Philippines Director of Health in favor of insane or leper6. for non-residents, a friend, relative or any person interested in his estate in expectancy or

otherwise

Section 3. Court to set time for hearing. Notice thereof.

IMPT: There is no requirement for publication, only notice.

NOTE: Service of notice upon minor if above 14 years or upon incompetent is mandatory and jurisdictional.

If the person is insane, services of notice upon the Director of Hospital where hospitalized is sufficient.

Section 4. Opposition to petition.

Grounds for opposition:1. majority of alleged minor2. competency of alleged incompetent3. unsuitability of the persons for whom letters are prayed

GUARDIANS; Grounds for disqualification1) Mental incapacity2) Conviction of a crime3) Moral delinquency4) Physical disability

Procedure: a. filing of petitionb. court shall set the case for hearing cause notices to be served to the persons mentioned in the petition, including minor, if 14

years and above, this requirement is jurisdictionalc. court shall receive evidenced. declaration of the propriety of the petitione. issue letters of guardianship

Section 5. Hearing and order for letters to issue.

*** Incompetent must be present if able to attend

RULE ON PARENTS as GUARDIANS1) If property is less than P2,000 - No court appointment is necessary2) If property is more than P2,000 - Parents must file petition ** Court may appoint another suitable person3) If property or annual income of child is more than P50,000 - Parents must furnish a bond (not less than 10% of the value of the property)

*** In the appointment of the guardian, the courts should take into consideration the competency, character, & financial condition of the prospective guardian

*** No person shall be appointed as guardian if his interest conflict with those of the ward or if he is non-resident of the Philippines.



RULE 94BONDS OF GUARDIANS

Undertaking of bond of guardian:1) Make and return a complete inventory of the property of the estate which has come to his

possession or knowledge, or the possession of any person for him, within 3 months;2) To faithfully execute the duties of his trust;3) To render a true and just account; and 4) Perform all orders of the court.

*** Bond may be proceeded against in the same or separate proceeding for the use and benefit of the ward, or of any other person legally interested in the estate.

*** In case of breach of the conditions of the bond, it may be prosecuted in the same guardianship proceeding OR in a separate action, for the use and benefit of the ward or of any other person legally interested in the estate.

*** The wards are not liable for TORTS committed by their guardians.

RULE 95SELLING AND ENCUMBERING PROPERTY OF WARD

Section 2. Petition of the guardian for leave to sell or encumber estate.

Grounds for selling or encumbering estate1. when income of estate is insufficient to maintain ward and family or to maintain and educate

ward when a minor, or 2. when it appears that it is for the benefit of the ward.

TEST: Is it necessary? If not, is it beneficial?

Requirements:1. petition must be verified2. notice must be given to the next of kin

IMPT: Notice to next of kin and interested persons is jurisdictional. Next of kin pertains to those relatives who are entitled to share in the estate as distributees per stirpes or by right of representation.

*** A sale of the ward’s realty by the guardian without authority from the court is void.

*** Order granting the authority to sell shall last for only 1 year.

*** Guardian may lease out real estate of ward without court order for not more than 6 years (act of administration) > If more than 6 years need for court approval.

*** Guardians, E/A or trustees may do acts of ADMINISTRATION BUT not act of strict dominion or ownership.

RULE 96GENERAL POWERS AND DUTIES

Types of Guardianship1. GENERAL GUARDIANSHIP – both as to person and property of minor2. LIMITED GUARDIANSHIP – only as to property



Summary of duties and powers of guardians1. custody of ward2. payment of debts of the ward3. bring and defend suits4. sell or encumber estate

*** Every guardian, other than the ward’s parents, shall be allowed the amount of his reasonable expenses, and compensation which shall not exceed 15% of the NET income of the estate.

LINDAIN vs. COURT OF APPEALS (212 SCRA 725)A parent, acting merely as the legal administrator as distinguished from judicial administrator of

the property of his/her minor children, does not have the power to dispose of, or alienate, the property of said child without judicial approval. The powers and duties of the widow as legal administrator of her minor children are only powers of possession and management. Her power to sell, mortgage, encumber or otherwise dispose of the property of her minor children must proceed form the court which requires court authority and approval.

CUI vs. PICCIO (91 SCRA 712)Neither is the guardianship proceedings or in administration proceedings may the court determine

the ownership of property claimed by the guardian or administrator to belong to the ward or to the estate of the deceased, and order its delivery to them.

ORDER OF PAYMENTS OF DEBT OF WARD:1. If sufficient a. Personal estate b. Income from real estate

2. If not sufficient - out of real estate > need for court order

GUARDIANS ALLOWED:1. reasonable expenses2. compensation > 15% of net income of ward

Section 6. Proceedings when person suspected of embezzling or concealing property of ward.

*** Court may cite suspected person to appear for examination.*** If after examination the court finds sufficient evidence showing ownership on the part of the ward. It is the duty of the guardian to bring the proper action. EXCEPTION: only in extreme cases where the property clearly and indisputably belongs to the ward or where the latter’s title thereto has already been judicially decided that the court may direct its delivery to the guardian.

RULE 97TERMINATION OF GUARDIANSHIP

GROUNDS FOR TERMINATION OF GUARDIANSHIP: 1. DUE TO THE GUARDIAN: a. Petition to the court of ward or guardian; b. Resignation of the guardian; c. Insanity or incompetency of guardian; d. Unsuitability of the guardian; e. Removal due to acts of waste or mismanagement of the estate; f. Failure to render account within 3 months;

2. DUE TO WARD: a. Marriage of the ward; b. Reaching majority age by the minor; c. Removal of reason of incompetency ;



Procedure of termination of guardian (whether violently or not) By Petition to the Court:1) Petition verified under oath to have his present competency judicially determined.

By whom? a. By the person declared incompetent; b. By his guardian, relative or friend.2) Notice to the guardian so declared and to the ward;3) Hearing and trial;4) Opposition by the other person;5) Judgment declaring Competency of Ward;6) Service of judgment upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated.

*** In Guardianship proceedings the court has no jurisdiction to determine the issue of ownership since said court is a court of limited jurisdiction. (Ciu vs. Piccio)

*** Guardian and ward cannot get married until and after final accounting approved by the court.

RULE 98 TRUSTEES

Section 1. Where trustee appointed.

3 PARTIES:1. Trustor2. Trustee3. Beneficiary (cestui que trust)

*** No person succeeding to a trust as E/A of a former trustee shall be required to accept such trust.

A trustee may be necessary to carry into effect:1. a will wherein judicial approval is needed 2. any other instrument

*** When a trust is created abroad for property in the Philippines, judicial approval is still needed though trustor is alive.

CONDITIONS FOR THE BOND OF A TRUSTEE:1. inventory2. manage and dispose3. accounting – once a year4. settle his accounts in courts

*** Guardians, E/A, or Trustees may do acts of administration BUT NOT acts of strict dominion

Section 8. Removal or resignation of the trustee.

Who may petition? Parties beneficially interested.

Grounds:1. essential in the interest of petitioners2. insanity3. incapability of discharging trustee4. unsuitability

Procedure:1. file a petition2. notice to trustee3. hearing

Venue for petitions for appointment of trustees:



1) If trustee is necessary to carry into effect the provisions of a will, then in the RTC in which the will was allowed (assuming allowed in the Philippines);

2) Otherwise, then in the RTC of any province in which some property affected by the trust is situated

Section 9. Proceedings for sale or encumbrance of trust estate.

Procedure:1. petition2. due notice and hearing3. judgment

RULE 99ADOPTION AND CUSTODY OF MINORS

- The provisions of the Rules of Court on Adoption have been amended by the Domestic Adoption Act of 1998 and the Intercountry Adoption Act of 1995.

ADOPTION: Proceeding where by fiction of law paternity of filiation is cleared.

WHAT DOES THE COURT DETERMINE IN ADOPTION CASES?1.capacity of the adopters2.whether the adoption would be the best interest of the child

DOMESTIC ADOPTION ACT OF 1998(RA 8552)

One of the declared policies of this Act: it shall ensure that every child remains under the care and custody of his parents and only when such efforts prove insufficient that adoption by an unrelated person may be considered.

WHO MAY ADOPT:ANY FILIPINO CITIZEN ANY ALIEN

1. of legal age2. in possession of full civil capacity and

legal rights3. of good moral character4. has not been convicted of any crime

involving moral turpitude5. emotionally and psychologically capable

of caring for children6. in a position to support and care for

his/her children in keeping with the means of the family

7. at least sixteen (16) years older than the adoptee.

1. That his/her country has diplomatic relations with the PHILIPPINES

2. That he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption.

3. Maintains residence until the adoption decree is entered.

4. Certified to have legal capacity to adopt, by his/her country

5. That his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter.

NOTE: The requirement of sixteen (16) years difference between the adopter and the adoptee is NOT applicable if the adopter is:1. the biological parent of the adoptee2. the spouse of the adoptee’s parent3. If the adopter is the sibling of the adoptee (Article IV, §7 of the IRR)

NOTE: The requirement on residency and certification of alien’s qualification to adopt may be waived for the following:1. A former Filipino citizen who seeks to adopt a relative within the 4 th degree of consanguinity

or affinity.



2. One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse.3. One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a

relative within the 4th degree of consanguinity or affinity of the Filipino spouse.

*** The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities.

*** Aliens who permanently reside in the Philippines are not qualified to become adopters under the ICA, BUT they are qualified for Domestic adoption.

WHO MAY BE ADOPTED1. Any person below eighteen (18) years of age who has been judicially declared available for

adoption.2. The legitimate son/daughter of one spouse by the other spouse.3. An illegitimate son/daughter by a qualified adopter to improve his/her status to that of

legitimacy.4. A person of legal age if, prior to the adoption, said person had been consistently

considered and treated by the adopter(s) as his/her own child since minority.5. A child whose adoption has been previously rescinded.6. A child whose biological or adoptive parents has died.

Husband and wife shall jointly adopt EXCEPT:1. If one spouse seeks to adopt the legitimate son/daughter of the other.2. If one spouse seeks to adopt his/her own illegitimate son/daughter3. If the spouses are legally separated from each other

WRITTEN CONSENT OF THE FOLLOWING ARE REQUIRED:1. the adoptee, if ten (10) years of age or over2. the biological parent of the child, if known3. the legitimate and adopted sons/daughters ten (10) years of age or over, of the adopter(s)

and adoptee, if any4. the illegitimate sons or daughters, ten (10) years of age or over, of the adopter if living with

said adopter and the latter’s spouse if any5. the spouse, if any, of the person adopting or to be adopted.PROCEDURE:A. No petition for adoption shall be set for hearing unless a licensed social worker has made a

case study of the adoptee, adopter and the biological parents.B. No petition for adoption shall be finally granted until the adopters has been given by the

court a supervised trial custody period for at least six (6) months.C. After the publication of the order of hearing, and no opposition has been interposed to the

petition, a decree of adoption shall be entered stating the name by which the child is to be known.

D. An amended birth certificate shall be issued. The original birth certificate shall be stamped “cancelled” and shall be sealed in the Civil Registry records.

NOTE: The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue.

EFFECTS1. adopter will exercise parental authority2. all between biological parents and the adoptee shall be severed, except when biological

parent is spouse of adopter3. adoptee shall be considered legitimate child of adopter for all intents and purposes4. adopters shall have reciprocal rights of succession without distinction from legitimate filiation

*** Relationship resulting from adoption is limited only to adopter and adopted and does not extend to other relatives except expressly provided by law (Teotico vs. Del Val 13 SCRA 406)

*** Pending adoption proceedings, parental authority is vested with the natural parents and any damages inflicted by adopted is the liability of his natural parents. (Tamargo vs. CA June 3,1992)

*** Adoption cannot be collaterally attacked, only directly because a presumption arises as to the validity of the decree. (Sayson vs. CA 205 SCRA 321)



INTER COUNTRY ADOPTION ACT OF 1995

1. Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreign national or a Filipino citizen permanently residing abroad.

2. An application to adopt a Filipino child shall be filed either with the Philippine RTC having jurisdiction over the child, or with the Board, through an intermediate agency, whether governmental or an authorized and accredited agency, in the country of the prospective adoptive parents, which application shall be in accordance with the requirements as set forth in the Rules to be promulgated by the Inter-country Adoption Board.

WHO MAY ADOPT1. any alien or Filipino citizen permanently residing abroad who is at least twenty-seven (27)

years of age2. other requirements same as with RA 8552

WHO MAY BE ADOPTED> Only a legally free child may be the subject of inter-country adoption.

NOTE: A child under this Act is defined as any person below fifteen (15) years of age.

*** The aliens country should allow the adoptee enter his country as his adopted child.

*** In ICA, the supervised child custody is undertaken and the decree of adoption is issued outside the Philippines.

CUSTODY OF MINOR

Section 6. Proceedings as to child whose parents are separated. Appeal

Instances where the husband or the wife, who are separated or divorced, are denied custody of the child: When the parent is unfit to take charge of the child by reason of:1. moral depravity2. habitual drunkenness3. incapacity4. poverty

If it appears that neither parent is entitled to the custody of the child, the court may designate the following:1. the paternal or maternal grandparent2. the older brother or sister3. some reputable and discreet person4. any suitable asylum, children's home or benevolent society.

*** Either parent may appeal from the final order of custody.

RULE 100RESCISSION AND REVOCATION OF ADOPTION

*** Under the Domestic Adoption Act of 1998, the adopter can no longer revoke the adoption, he can merely disinherit the adoptee in accordance with the provisions of the Civil Code.

*** Under the petition for adoption, the effect retroacts as to date of filing thereof. In revocation, it relates only as to the date of the judgment. Hence in revocation, vested rights prior to rescission should be respected.



GROUNDS FOR REVOCATION BY ADOPTEE:1. repeated physical or verbal violence;2. attempt against his life or sexual assault/ violence;3. abandonment and failure to comply with parental obligation

*** Unlike in revocation of guardianship, revocation of adoption is a separate proceeding from the adoption.

Remedy of adopter against the erring adoptee- Disinheritance

Effects of rescission:1) Restoration of previous legal custody (for minors)2) Extinguishment of reciprocal rights3) Cancellation of amended birth certificate and restoration of original birth certificate

Vested rights respecting criminal sanctions remain.

RULE 101PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS

Who files a petition for commitment of an insane person: - Secretary of Health

Where petition is filed: - RTC of the province where the person alleged to be insane may be found.

Cases petition should be filed: in all cases where in the opinion of the Secretary of Health, such confinement is:

a. for the public welfare b. for the welfare of a person who in the Secretary’s judgment is insane, and such

person or the one having charge of him is opposed to his being taken to a hospital or other placed for the insane.

RULE 102HABEAS CORPUS

HABEAS CORPUS, Concept – Latin term which literally means “you have the body” is a high prerogative writ of ancient common-law origin, the great object of which is the liberalization of those who may be imprisoned without sufficient cause;

ESSENTIAL PURPOSE: > To inquire into all manner of involuntary restraint as distinguished from voluntary and to relieved a

person therefrom if such restraint is illegal.

Habeas corpus extends to:1. cases of illegal confinement or detention by which a person is deprived of his liberty2. cases by which the rightful custody of the person is withheld from the person entitled thereto

NOTE: The restraint must be actual, effective and material. The person need not actually be confined as long as freedom of action is limited. (Mancupa vs. Enrile; Villavicensio vs. Lucban; Toyoto vs. Ramos.)

Writ of habeas corpus may also be availed of as a consequence of a judicial proceeding:1) There has been a deprivation of a constitutional right resulting in restraint of person;2) The court had no jurisdiction to impose the sentence;3) An excessive penalty has been imposed, the sentence being void as to the excess.



WRIT OF HABEAS CORPUS - a command directed to the person detaining another, requiring him to produce the body of the person detained at a designated time and place, and to produce and to show cause and to explain the reason for detention. - unconditional order to produce the body of a person at the time and place specified therein.

*** The privilege of writ is so sacred that, according to our CONSTITUTION, it shall not be suspended except in cases of invasion or rebellion when public security requires it (Art. III Sec. 15).

JURISDICTION AND VENUE:COURT APPLICATION COVERAGE RETURNSC or any member At any day and at

any time in all the cases before it.

Nationwide SC or RTC

CA or any member At any day and at any time in the instances authorized by law like cases on appeal

Nationwide CA or the RTC

RTC or any judge therof

At any day and ay any time in all criminal cases before it

Regional within judicial district

RTC or the sala itself

Family Courts At any day and at any time in all custody cases of minors


Family court itself

MTC or any judge thereof

Cases in the absence of all RTC judge in the place where the MTC is.


RTC or the RTC judge where the same should be filed.

GROUNDS FOR GRANTING OF WRIT OF HC:1. Deprivation of fundamental constitutional rights such as freedom of abode and locomotion

(Villavicencio vs. Lucban)

2. Void judicial order because court issuing has no jurisdiction over the crime charged or of the place of commission or the person of the accused (Malinao vs. Raveles 108 Phil 1159) or where the court has no jurisdiction over the subject matter (Makapagal vs. Santamaria 55 Phil 418)

3. Bail Bond of accused was not admitted or excessive bond was required (In Re: McCullough 38 Phil 41)

4. Penalty imposed by the court is not provided for by law. (Lobera vs. Dir. of Prisons 87 Phil 179)

IMPT: Habeas Corpus can never be a substitute for appeal.

**** WHC cannot be collaterally attacked and cannot be used as a substitute remedy for a lost appeal.HOWEVER, where a judgment is already final and executory and a favorable law lessening the penalty of the convict who are considered to have already served his sentence thereunder, WHC is proper. (People vs. Simon 1994)

*** WHC may be used as an ancillary remedy with certiorari, the former reaches the person not the record while the latter reaches the record not the person;

*** But WHC will not lie where appeal or certiorari is available for purpose of reviewing errors in the judgment;



*** WHC is not available remedy as substitute for a trial or in advance of the trial to determine jurisdiction of the court, which must be trued and decided in full-blown hearing. It is issued only in special circumstances. (Galvez vs. CA Oct. 1994)

*** Proceedings in habeas corpus are separate and distinct from the main case from which the proceeding spring. > COLLATERAL REMEDY

GENERAL RULE: A person OUT on bail is not entitled to the WHC because his detention is merely legal or technical NOT actual or physical.EXCEPTION: Immigration cases. > An immigrant under bond may contest an adverse decision of the Immigration

Commission by means of a petition for HC.

“Restraint” means actual and effect restraint not merely moral restraint. (Gonzales vs. Viola 61 Phil 824)

*** But actual physical restraint is not always required, any restraint which will prejudice freedom of action is sufficient. (Moncupa vs. Enrile Jan. 1986)

Does voluntary restraint constitute habeas corpus?As a general rule, NO except when a person restrained minor and the petitioner is the father or mother or guardian or a person having custody of the minor.

NOTE: Voluntariness is viewed from the point of view of the person entitled to custody.

PRELIMINARY CITATION – issued by the court to show cause whether or not the writ should be issued

Section 2. Who may grant the petition.1. SC or any member thereon2. CA or any member thereof3. RTC or any judge thereof4 MTC – in the absence of RTC judgesPROCEDURE FOR GRANT OF WRIT1. verified petition signed by the party for whose relief it is intended; some other person in his

behalf2. allowance of writ3. command officer to produce4. service of writ by sheriff or other officer5. return6. hearing on return

*** Proceedings in HC cases are to be disposed of in a SUMMARY WAY

*** An appeal in HC proceedings should be perfected (notice of appeal) within 48 hours. > Mandatory and jurisdictional

*** In counting the 48 hours, the date on which the decision was promulgated is not counted, and the period starts to run the following day.

Contents of petition:> must be signed and verified, and shall set forth

1) That the person in whose behalf the application is made is imprisoned or restrained of his liberty

2) The officer or name of the person by whom he is imprisoned or restrained;3) Place where he is imprisoned or restrained, if known;4) Copy of the commitment or cause of the detention, if it can be procured without

impairing the efficiency of the remedy (if no legal authority for imprisonment, such fact shall appear)

Contents of the Return of the Writ: 1) Whether he has the party under his custody, power or restraint;



2) If he does, the authority and cause upon which he is held, together with a copy of the writ, order, execution or other process;

3) If party is in his custody and is not produced, the gravity of his sickness or infirmity by reason of which he cannot be produced; and

4) If he previously had custody, and has transferred the same to another, then state to whom, at what time, for what cause, and by what authority such transfer was made.

*** If it appears that that the prisoner is under custody under a warrant of commitment in pursuance of law, the return shall be prima facie evidence of the cause of the restraint. Otherwise, the return shall be only considered as a plea of the facts set forth, and the party claiming custody must prove the same. Therefore, in the former case, failure to file a reply to the Return warrants the dismissal of the petition. This is because unless the allegations are controverted, they are deemed to be true and admitted, the return being prima facie evidence of the cause of the restraint.

KINDS OF WRIT OF HABEAS CORPUS

1) PRELIMINARY CITATION – where a person detained under governmental authority and the illegality of his detention is not patent from the petition for the writ, the court may issue a citation to the government officer having the person in her/his custody to show cause why the writ should not issue.

2) PREEMPTORY WRIT – issued when the cause of detention appears to patently illegal and the non-compliance therewith is punishable

WHEN SUSPENDED:1. by the president2. in case of invasion or rebellion3. when public safety requires

EFFECT OF SUSPENSION OF THE PRIVILEGE OF THE WRIT:1. Application for writ, if proper in form, will be issued as a matter of course ordering the

production of the person. Only where return of the respondent showing that: a. The person in custody is being held for a crime covered by the proclamation

suspending the writ; b. In the place where it is effective;2. The court then dismiss the petition. In all other cases, it will continue the proceedings to

determine the validity of the detention;3. The right to bail also exist in case of crime of rebellion; see discussion on the right to bail;4. Disobedience thereof constitutes contempt of court;

Section 6. To whom writ directed and what to require.

Directed to officer and command him to:1. have the body of person before the court2. show cause of the imprisonment or restraint.

Section 8. How writ is executed and returned.

Officer shall:1. Convey the person so imprisoned before the judge, unless from sickness or infirmity, such

person cannot, without danger be brought before the court.2. Make the return of the writ together with the day and the cause of caption or restraint.

Section 9. Defect of form.

No writ can be disobeyed for defect in form if it sufficiently states:1. person in whose custody or under whose restraint the party imprisoned or restraint is held,

and2. court or judge before whom he is to be brought.



Section 13. When the return evidence, and when only a plea.*** If a prisoner is in custody under a warrant of commitment in pursuance of law or under a judicial order, the return shall be considered PRIMA FACIE EVIDENCE OF THE CAUSE OF RESTRAINT, however it shall only be plea of the facts set forth if restraint is by private authority.

Section 15. When prisoner discharged if no appeal.*** If one is unlawfully imprisoned, court shall order his discharge but such discharge shall not be effective until a copy of the order has been served on the office or person detaining the prisoner. If person detaining him does not appeal, the prisoner shall be released.

Section 18. When prisoner may be removed from one custody to another.1. by legal process2. prisoner is delivered to an inferior officer to carry to jail3. by order of proper court or judge be removed from one place to another within the Phil. for

trial.4. In case of fire, epidemic, insurrection or other necessity or public calamity.

QUERY: When does court acquire jurisdiction over person of respondent? The writ itself plays the role as summon in ordinary actions; court acquires jurisdiction over the person of the respondent by MERE SERVICE OF WRIT.

Elepante vs. Madayag: An appeal in Habeas Corpus proceedings should be perfected (i.e. by filing Notice of Appeal) within 48 hours, compliance with which is mandatory and jurisdictional. In counting the 48 hours, the date on which the decision was promulgated is not counted, and the period starts to run the following day

GENERAL RULE: > A person discharged by virtue of a WHC can NOT again be imprisoned for the SAME

OFFENSE.EXCEPTION: > Lawful order or process of a court having jurisdiction of the cause or offense.

WHC IS AVAILABLE IN THE FOLLOWING CASES:1. also to person under moral restraint. (Caunca vs. Salazar)2. Person charged with political offense during Japanese Occupation after liberation.

(Alacantara vs. Dir, of Prisons 75 Phil 749)3. Person sentenced to a longer penalty than that of other person charged with the same

offense; (Gumabon vs. Dir, of Prisons 37 SCRA 420)4. Person held by court without jurisdiction; (Zafra vs. Prov. Warden)5. Unlawful denial of right to bail (Celeste vs. People 31 SCRA 391)6. Court error denying right to speedy trial; (Conde vs. Rivera 45 Phil. 650)7. Civilian persons convicted by the military court judicially rules as invalid as held in Tan vs.

Barrios case. (Ordoñez vs. Dir. of Prisons 235 SCRA 152)

WHEN NOT AVAILABLE:1. Where offense already prescribe, motion to quash information not writ is the proper remedy.

(Paredes vs. Sandiganbayan 193 SCRA 464)2. In case of desaparecidos, the case should be referred to Comm. of Human Rights; (Dizon vs.

Eduardo 158 SCRA 470)3. Violator of conditional pardon because he may be rearrested. (In Re: Petition for Habeas

Corpus of Sumulong, 251 SCRA 709)

RULE 103CHANGE OF NAME

Section 1. Venue.*** Person desiring to change his name shall present petition to RTC of the province in which he resides.

GENERAL RULE: No person can change his name without judicial order (Art. 376 NCC)EXCEPTION: Employment of pen name or pseudonyms or stage name is allowed if done in good faith and no injury to third person (Art. 379)



*** The name that can be change under this rule is one registered in civil register not one in baptismal certificate. (Ng Yao Siong vs. Republic 1966)

*** Change if name is a proceeding in rem. The name asked for must be both stated in the petition and the published order as it is jurisdictional (Go vs. Republic 77 SCRA 65)

*** Petition for adoption and change of name cannot be joined as they are not the same in nature and character nor do they represent common questions of fact or law. (Republic vs. Hernandez 253 SCRA 509)

*** Although law on adoption provides that adopted child shall use surname of adopter, he may change name and use his natural parent’s name if the same will prejudice him. (Republic vs. CA, May 21, 1992)

Section 2. Contents of petition.*** Petition shall be signed and verified by person desiring his name changed or some other person in his behalf.

*** Requirement of verification is formal not jurisdictional requisite. It is not a ground for dismissing the petition.

It shall set forth:1. that petitioner is bonafide resident of the province where petition is filed for at least three

years prior to date of filing2. all names by which petitioner is known3. cause for change of name4. name asked for

Grounds for change of name:1. name is ridiculous, tainted with dishonor and extremely difficult to write or pronounce2. consequence of a change of status e.g: legitimated child3. necessity to avoid confusion

Petition must include:TITLE BODY

1. Official name (birth certificate), be very particular with the spelling because it may void or annul the proceedings; it is jurisdictional

2. all aliases3. name asked for

1. residency2. name (official, aliases, asked for)3. cause of change

Notice of hearing published once a week for 3 consecutive weeks.Date of hearing: cannot be held within 30 days before an election, or within 4 months after last

publication 4 months 30 days

Hearing cannot be scheduled within these periods

Title of Petition: Must include name, aliases, and name asked for. Example: “In Re: Petition for Change of Name of X, alias Y, to Z. X, Petitioner.

Publication: must reproduce title of the petition (see above), and contain correct information as to:

1) Name or names of petitioner;2) Cause for the change of name;3) Name asked for.

Failure to comply with above requirements renders proceedings null and void


Last publication Hearing Election


REPUBLIC vs. ZOSA (165 SCRA 292)If the title of the petition for change of name does not contain the name sought to be adopted and

the names by which the petitioner is known by his friends and associates, such title is defective and subsequent publication of the order containing such defective title renders the trial court without jurisdiction to hear and determine the petition.

The non inclusion of all the names and aliases of petitioner in the caption of the order or in the title of the petition defeats the purpose of the publication.

CHIAO BEN LIM vs. ZOSA (146 SCRA 366)Changes in the birth entry regarding a person’s citizenship is now allowed under Rule 108 of the

Rules of Court as long as adversary proceedings are held. Rule 108 of the Rules of Court provides only the procedure or mechanism on the proper enforcement of the substantive law and does not violate the Constitution.

RULE 104 : VOLUNTARY DISSOLUTION OF CORPORATION*repealed by Sections 118 and 119 of the Corporation Code

RULE 105JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR

NATURAL CHILDREN

Recognition of natural children (art. 278,NCC) Only evidence accepted

1) Record of birth2) Will3) Statement before court of record4) Any authentic writing

RULE 106 : CONSTITUTION OF FAMILY HOME*amended by Articles 152 and 153 of the Family Code.

RULE 107ABSENTEES

WHEN REPRESENTATIVE APPOINTED: > When a person disappears from his domicile, his whereabouts being unknown and without having left

an agent to administer his property or the power conferred upon the agent has expired.

WHEN MAY A PERSON BE DECLARED ABSENT1. Absence without administrator - 2 years2. Absence with administrator - 5 years

STAGES OF ABSENTEE LEGAL CONSEQUENCE(1) 0 – 2 years -------(2) 2 years to 7 years - Petition for declaration of absence may be filed(3) beyond 7 years (absence of 4

years under extraordinary circumstances)

- considered dead for all intents and purposes except for the purpose of succession

- for purposes of marriage: 4 years continuous absence shall be sufficient for present spouse to remarry, 2 years only is required in extraordinary circumstances

Contents of petition for appointment of representative, or for declaration of absence and appointment of trustee or administrator:

1) Jurisdictional facts;2) Names, ages, and residences of heirs instituted in the will (a copy of which must be

presented) and of the intestate heirs;3) Names and residences of creditors and other persons with adverse interests over the

properties of the absentee;4) Probable value, location and character of the property of the absentee.



Notice of hearing: published once a week for 3 consecutive weeks, and personal notice sent to all known heirs, legatees, devisees, creditors and other interested persons at least 10 days before the hearing.

*** DIFFERENT from declaration of presumptive death > A declaration of presumption of death can never be final.

TERMINATION OF ADMINISTRATION:1. When the absentee appears personally or by means of an agent.2. When the death of the absentee is proved and his testate/intestate heirs appear3. When a 3rd person appears, showing a proper document that he has acquired the absentees property

by purchase or other title.

RULE 108CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL

REGISTRY

*** This Rule applies not only to proceedings for correction of innocuous or clerical errors but also to correct substantial errors such as citizenship,status,and legitimacy. However in the latter case, it is necessary that the proceedings be adversarial in nature.

ENTRIES SUBJECT TO CANCELLATION OR CORRECTION:1. Personal entries – Births, marriages, deaths2. Marital entries – legal separations, judgments of annulments of marriage, or declaring marriages void

from the beginning.3. Filial entries – legitimations, adoptions, acknowledgements of children, judicial determination of

filiation.4. Citizenship entries – naturalization, election, loss or recovery of citizenship;5. Civil capacity – Civil interdiction or voluntary emancipation of a minor; and6. Miscellaneous – changes of name.

*** If the subject matter is not the correction of clerical errors which are harmless or innocuous but involving nationality which is clearly substantial, proceedings must be with “appropriate adversarial proceedings” not summary (lara vs. Valencia 141 SCRA 462)

Requisites of Adversarial proceedings: 1. Proper petition is filed where the Civil Registrar and all parties interested are impleaded.2. The order of the hearing must be published3. Notice thereof must be given to the Solicitor General and all parties affected thereby. 4. Opportunity for the respondents to be heard.5. Full blown trial.

NOTE: Proceedings for the correction of entries should not be considered as establishing one’s status is a manner conclusively beyond dispute. The status corrected would not have a superior quality for evidentiary purposes. There is no increase or dimunition of substantive right. (Chiao Ben Lim vs. Zosa.)

Venue for petitions for cancellation/correction of entry in Civil Registry: - RTC of province where the corresponding civil registry is located.

Parties to proceedings: 1) The civil registrar AND2) All persons who have or claim any interest which would be affected thereby

Scope:1) Clerical / typographical errors2) Change of first name / nickname

Definition of “Clerical or Typographical error”: > a mistake committed in the performance of clerical work in writing, copying, transcripting or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes, or obvious to the understanding and can be corrected or changed only by reference to other existing record or records

Who may file petition:



- any person having direct and personal interest in the correction or change

Where to file petition:1) With the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept2) if petitioner has already migrated to another place in the country and it would not be practical for such party to appear before the local civil registrar keeping the documents to be corrected or changed: With the local civil registry of the place where the interested party is presently residing or domiciled3) if petitioner resides or domiciled in foreign countries: With nearest Phil. Consulate

*** Petition may be availed of only once

Grounds for change of first name:1) First name is ridiculous, tainted with dishonor or extremely difficult to write or pronounce2) New first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community3) Change will avoid confusion

Form and contents of petition:1) in the form of an affidavit, subscribed and sworn to before any authorized person2) set forth fact necessary to establish merits3) show affirmatively that petitioner is competent to testify to the matters stated4) state: a. the particular erroneous entry which are sought to be corrected b. the change sought to be made

5) supported by: i. a certified true machine copy of the certificate or of the page of the registry book

containing the entry or entries sought to be corrected or changed ii. at least 2 public or private documents showing the correct entry or entries upon

which the correction or change shall be based6) other relevant documents

PETITIONS FOR CHANGE OF NAME PETITIONS FOR THE CORRECTION, CANCELLATION OF ENTRIES

Petition to be filed in the RTC where the petitioner resides

verified petition filed in the place where the corresponding registry is located

Solicitor General must be notified by service of a copy of the petition.

Civil registrar concerned is made a party to the proceeding as a respondent.

Petition is filed by person desiring to change his name

By any person interested in any ACT, EVENT, ORDER or DECREE

order for hearing shall be published once a week for three consecutive weeks

order shall also be published once for three consecutive weeks and court shall cause reasonable notice to persons named in petition

service of judgment shall be upon the civil register concerned

*** Petition for change of name (Rule 103) and petition for cancellation or correction of entries are DISTINCT PROCEEDINGS.

EXTRA: RA 9048 AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER

Differences between RA 9048 and Rule 108RA 9048 RULE 108

Administrative proceeding Summary judicial proceedingAffidavit is filed Petition is filedPenalty clause No penalty clausePublication requirement: once a week for 2 consecutive weeks

Publication requirement: 3 consecutive weeks



Posting in conspicuous place No postingChange of name is based on 3 enumerated grounds

Change of name is to correct clerical / innocuous errors

Rule 109Appeals in Special Proceedings

Appeals in special proceedings may be taken from the following orders/judgments:1) Allowance/disallowance of wills;2) Determination of lawful heir or distributive share of the estate to which such person is entitled;3) Allowance/disallowance of any claim against the estate of a deceased person or any claim presented on behalf of the estate to offset claim against it;4) Settlement of account of executor, administrator, trustee, or guardian;5) Constitutes, in proceedings relating to settlement of estate or administration of a trustee or guardian, a final determination in the lower court of the rights of the party appealing, EXCEPT that no appeal is allowed from appointment of special administrator.6) Final order or judgment rendered in case and affects substantial rights of person appealing UNLESS it be an order granting or denying a motion for new trial or motion for reconsideration.


special proceedings

Documents