Special Proceedings - Rules of Court

Case Overview and Summary

SPECIAL PROCEEDINGS
GENERAL PROVISION

- Defines the subject matter of special proceedings, including settlement of estates, guardianship, adoption, hospitalization of insane persons, habeas corpus, and more. (Sec. 1)

SETTLEMENT OF ESTATE OF DECEASED PERSONS

- Specifies the venue for settling the estate of a deceased person based on their residence or location of property. (Sec. 1)
- Allows for extrajudicial settlement of estates by agreement between heirs or by affidavit if certain conditions are met. (Sec. 1)
- Outlines the process for summary settlement of small estates, including notice requirements and distribution of assets. (Sec. 2)
- Requires the production and allowance of a will before it can pass real or personal estate. (Sec. 1)
- Establishes procedures for allowing or disallowing a will, including notice, hearing, and grounds for disallowance. (Sec. 1-13)
- Provides for the allowance of wills proved outside the Philippines and the administration of estates thereunder. (Sec. 1-4)
- Specifies the issuance of letters testamentary and administration, and the qualifications and bonds required for executors and administrators. (Sec. 1-6)
- Outlines the process for opposing the issuance of letters testamentary and petitioning for letters of administration. (Sec. 1-6)
- Allows for the appointment of a special administrator in case of delay in granting letters testamentary or administration. (Sec. 1-3)
- Establishes the requirements for bonds of executors, administrators, and special administrators. (Sec. 1-4)
- Provides for the revocation of administration if a will is discovered, and the proceedings thereafter. (Sec. 1)
- Outlines the process for removing or accepting the resignation of an executor or administrator, and the effects thereof. (Sec. 2-4)
- Requires an inventory and appraisal of the estate, and provisions for the support of the family. (Sec. 1-3)
- Defines the general powers and duties of executors and administrators, including access to partnership books, maintenance of property, and management of the estate. (Sec. 1-3)
- Establishes the accountability and compensation of executors and administrators, including the rendering of accounts and allowable expenses and fees. (Sec. 1-11)
- Outlines the process for filing and adjudicating claims against the estate, including notice requirements, hearings, and judgments. (Sec. 1-14)
- Allows for actions by and against executors and administrators, including the recovery of property and proceedings for embezzlement or concealment. (Sec. 1-10)
- Provides for the payment of debts of the estate, including the order of payment if the estate is insolvent. (Sec. 1-16)
- Establishes the procedures for selling, mortgaging, and encumbering property of the decedent, including notice requirements and court orders. (Sec. 1-9)
- Outlines the process for distributing and partitioning the estate, including the determination of heirs and distributive shares. (Sec. 1-4)

ESCHEATS

- Specifies the process for petitioning for the escheat of property to the government when a person dies intestate without heirs. (Sec. 1-5)

VENUE

- Establishes the venue for guardianship proceedings based on the residence of the minor or incompetent person, or the location of their property. (Sec. 1-3)

APPOINTMENT OF GUARDIANS

- Outlines the process for petitioning for the appointment of a guardian for a resident minor or incompetent person, including notice requirements and hearings. (Sec. 1-8)
- Specifies the requirements for parents to be considered legal guardians of their children's property. (Sec. 7)

BONDS OF GUARDIANS

- Requires guardians to give a bond before entering their trust, and specifies the conditions of the bond. (Sec. 1)
- Allows the court to require a new bond from the guardian and discharge the sureties on the old bond. (Sec. 2)
- Provides for the filing and actions on the bonds of guardians. (Sec. 3)

SELLING AND ENCUMBERING PROPERTY OF WARD

- Establishes the process for a guardian to petition for the sale or encumbrance of the ward's estate, including notice requirements and hearings. (Sec. 1-5)

GENERAL POWERS AND DUTIES OF GUARDIANS

- Defines the extent of a guardian's care and custody of the ward and management of their estate. (Sec. 1)
- Requires guardians to pay the ward's debts, settle accounts, collect debts, and appear in actions for the ward. (Sec. 2-3)
- Mandates guardians to manage the ward's estate frugally and apply the income to the ward's maintenance. (Sec. 4)
- Allows guardians to join in partition proceedings with court authorization. (Sec. 5)
- Provides for proceedings when someone is suspected of embezzling or concealing the ward's property. (Sec. 6)
- Requires guardians to render inventories and accounts of the ward's estate, and provides for the appraisement of the estate. (Sec. 7)
- Establishes the process for presenting and settling a guardian's accounts, and the allowance of expenses and compensation. (Sec. 8)

TERMINATION OF GUARDIANSHIP

- Outlines the process for petitioning to have the competency of a ward adjudged and the guardianship terminated. (Sec. 1)
- Allows for the removal or resignation of a guardian, and the appointment of a new guardian. (Sec. 2)
- Specifies other circumstances under which a guardianship may be terminated, such as marriage or emancipation of the ward. (Sec. 3)
- Requires the service of final orders or judgments upon the civil registrar. (Sec. 5)

TRUSTEES

- Specifies the circumstances under which a trustee shall be appointed by the court to carry out the provisions of a will or written instrument. (Sec. 1-4)
- Requires trustees to file a bond before entering their trust, and specifies the conditions of the bond. (Sec. 5-6)
- Provides for the appraisement of the trust estate and the compensation of the trustee. (Sec. 7)
- Allows for the removal or resignation of a trustee, and the appointment of a new trustee. (Sec. 8)
- Establishes the process for petitioning for the sale or encumbrance of the trust estate, including notice requirements and hearings. (Sec. 9)

ADOPTION AND CUSTODY OF MINORS

- Specifies the venue for adoption and custody proceedings. (Sec. 1)
- Outlines the required contents of a petition for adoption, including the consent of the child and parents. (Sec. 2-3)
- Establishes the process for the hearing and judgment on an adoption petition, including notice requirements. (Sec. 4-5)
- Provides for proceedings regarding the custody of children of separated parents, and the factors to be considered in awarding custody. (Sec. 6)
- Allows for proceedings regarding vagrant or abused children, and the potential commitment of the child to an institution or person. (Sec. 7)
- Requires the service of final orders or judgments upon the civil registrar. (Sec. 8)

RESCISSION AND REVOCATION OF ADOPTION

- Specifies who may file a petition for the rescission or revocation of an adoption, and the grounds for doing so. (Sec. 1)
- Outlines the process for the court to issue an order to answer the petition, and the rendering of judgment. (Sec. 2-3)
- Requires the service of the judgment upon the civil registrar. (Sec. 4)
- Establishes time limits for filing a petition for rescission or revocation of adoption. (Sec. 5)

PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS

- Specifies the venue for petitioning for the commitment of an insane person to a hospital or other facility. (Sec. 1)
- Outlines the process for the hearing and judgment on a commitment petition, including notice requirements. (Sec. 2-3)
- Allows for the discharge of an insane person upon petition by the Director of Health. (Sec. 4)
- Requires the assistance of the fiscal in the proceedings. (Sec. 5)

HABEAS CORPUS

- Defines the scope of the writ of habeas corpus and who may grant it. (Sec. 1-2)
- Specifies the required contents of an application for the writ. (Sec. 3)
- Establishes when the writ shall not be allowed or when the prisoner shall not be discharged. (Sec. 4)
- Requires the court to grant the writ when the petition is presented and it appears the writ ought to issue. (Sec. 5)
- Outlines the process for directing and serving the writ, and the requirements for the return of the writ. (Sec. 6-11)
- Provides for the hearing on the return of the writ, and the potential discharge or recommitment of the prisoner. (Sec. 12-14)
- Establishes penalties for refusing to issue the writ or disobey it, and for reimprisoning a person discharged by the writ. (Sec. 16-17)
- Specifies when a prisoner may be removed from one custody to another. (Sec. 18)
- Requires the proceedings to be recorded, and provides for the taxation of costs and fees. (Sec. 19)

CHANGE OF NAME

- Specifies the venue for petitioning for a change of name. (Sec. 1)
- Outlines the required contents of a petition for change of name. (Sec. 2)
- Establishes the process for the hearing on a change of name petition, including notice and publication requirements. (Sec. 3-4)
- Provides for the rendering of judgment on a change of name petition. (Sec. 5)
- Requires the service of the judgment upon the civil registrar. (Sec. 6)

VOLUNTARY DISSOLUTION OF CORPORATIONS

- Specifies the venue for petitioning for the voluntary dissolution of a corporation. (Sec. 1)
- Outlines the required contents of a petition for dissolution, and the process for filing objections. (Sec. 1-2)
- Establishes the process for the hearing on a dissolution petition, and the rendering of judgment. (Sec. 3)
- Specifies what shall constitute the record in a dissolution case. (Sec. 4)

JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN

- Specifies the venue for petitioning for judicial approval of the voluntary recognition of a minor natural child. (Sec. 1)
- Outlines the required contents of a petition for judicial approval. (Sec. 2)
- Establishes the process for the hearing on a petition for judicial approval, including notice and publication requirements. (Sec. 3-4)
- Provides for the rendering of judgment on a petition for judicial approval. (Sec. 5)
- Requires the service of the judgment upon the civil registrar. (Sec. 6)

CONSTITUTION OF FAMILY HOME

- Specifies who may petition for the constitution of a family home. (Sec. 1)
- Outlines the required contents of a petition for the constitution of a family home. (Sec. 2)
- Establishes the process for notice and publication of a petition for a family home. (Sec. 3)
- Provides for the filing of objections to a petition for a family home. (Sec. 4)
- Allows the court to approve the establishment of a family home if certain conditions are met. (Sec. 5)
- Requires the registration of the court order approving the family home with the register of deeds. (Sec. 6)

ABSENTEES

- Allows for the appointment of a representative for an absentee whose whereabouts are unknown. (Sec. 1)
- Establishes the process for petitioning for the declaration of absence and appointment of a trustee or administrator for an absentee. (Sec. 2-6)
- Specifies the preference for appointing the spouse as the representative or trustee/administrator. (Sec. 7)
- Outlines the circumstances under which the administration of an absentee's property shall cease. (Sec. 8)

CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY

- Specifies who may file a petition for the cancellation or correction of entries in the civil registry. (Sec. 1)
- Lists the types of entries that may be cancelled or corrected. (Sec. 2)
- Requires the civil registrar and interested parties to be made parties to the proceeding. (Sec. 3)
- Establishes the process for notice and publication of a petition for cancellation or correction. (Sec. 4)
- Allows for the filing of oppositions to a petition for cancellation or correction. (Sec. 5)
- Allows the court to make orders expediting the proceedings and grant preliminary injunctions. (Sec. 6)
- Provides for the rendering of an order granting or dismissing a petition for cancellation or correction. (Sec. 7)
- Requires the service of the order upon the civil registrar for annotation. (Sec. 7)

APPEALS IN SPECIAL PROCEEDINGS

- Specifies the orders or judgments from which appeals may be taken in special proceedings. (Sec. 1)
- Allows for advance distribution of parts of an estate not affected by a pending controversy or appeal. (Sec. 2)