Remedial Law Quickie Notes: Special Proceedings

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

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BONDS BOND Distributees, any of them

or

Guardians

Parents who act as guardians in case the actual income or the market value of the property of the child exceeds 50,000 Additional bond of guardians that the court may require if deemed expedient Self-adjudicating heir

Heirs party to an extrajudicial partition

Executor Administrator

or

WHEN Before distribution before payment of the estate obligations Before guardian enters upon the execution of his trust

AMOUNT Sum to be fixed by the court

CONDITIONS Payment of said obligations within such time as the court directs

LEGAL BASIS SEC.1, RULE 90

Sum as directs

1.

SEC. 1, RULE 94; SEC. 14, RGM

the

court

Such amount as the court may determine, but in no case less than 10% of such property or annual income

Simultaneously with and as a condition precedent to the filing of the affidavit Simultaneously with and as a condition precedent to the filing of the public instrument, or stipulation in the action for partition Before entering upon the duties of his trust

To make and return to the court, within three (3) months, a true and complete inventory of all the estate, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person for him; 2. To faithfully execute the duties of his trust, to manage and dispose of the estate according to these rules for the best interests of the ward, and to provide for the proper care, custody, and education of the ward; 3. To render a true and just account of all the estate of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by these rules and such other times as the court directs; and at the expiration of his trust to settle his accounts with the court and deliver and pay over all the estate, effects, and moneys remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto; 4. To perform all orders of the court by him to be performed. Guarantee the performance of the obligations prescribed for general guardians.

SEC. 16, RGM

A verified petition for approval of the bond should be filed

Shall serve as security for the proper appropriation of proceeds of the sale or encumbrance of the ward’s property

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

Amount equal to the value of the personal property involved as certified under oath by him. Amount equal to the value of the personal property involved as certified under oath by him.

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

SEC.1, RULE 74

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

SEC.1, RULE 74

Such sum as the court directs

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

SEC. 1, RULE 81

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BOND

WHEN

AMOUNT

Special Administrator

Before entering upon the duties of his trust

Such sum as the court directs

Trustee

Before entering on the duties of the trust

Amount fixed by the judge of said court

CONDITIONS chattels, rights, credits, and estate of the deceased which shall come to his possession or knowledge or to the possession of any other person for him; 2. To administer according to these rules, and, if an executor, according to the will of the testator, all goods, chattels, rights, credits, and estate which shall at any time come to his possession or to the possession of any other person for him, and from the proceeds to pay and discharge all debts, legacies, and charges on the same, or such dividends thereon as shall be decreed by the court; 3. To render a true and just account of his administration to the court within one (1) year, and at any other time when required by the court; 4. To perform all orders of the court by him to be performed. Conditioned that he will make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge, and that he will truly account for such as are received by him when required by the court, and will deliver the same to the person appointed executor or administrator, or to such other person as may be authorized to receive them. Payable to the government and sufficient and available for the protection of any party in interest Conditioned on the following: 1. That the trustee will make and return to the court, at such time as it may order, a true inventory of all the real and personal estate belonging to him as trustee, which at the time of the making of such inventory shall have come to his possession or knowledge; 2. That he will manage and dispose of all such estate, and faithfully discharge his trust in relation thereto, according to law and the will of the testator or the provisions of the instrument or order under which he is appointed; 3. That he will render upon oath at least once a year until his trust is fulfilled, unless he is excused therefrom in any year by the court, a true account of the property in his hands and of the management and disposition thereof, and will render such other accounts as the court may order; 4. That at the expiration of his trust he will settle his accounts in court and pay over and deliver all the estate remaining in his hands, or due from him on such settlement, to the person or persons entitled thereto.

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LEGAL BASIS

SEC. 4, RULE 81

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

NOTICE REQUIREMENTS CAVEAT: Not exhaustive NOTICE Notice of Hearing

Notice of Hearing

Notice of Hearing

Notice of Hearing

OF WHAT Application for extension of time for disposing of the estate and paying the debts and legacies Application for extension of time of time for payment of debts and legacies in case the original executor dies Application for assignment of the residue of the estate to the persons entitled Petition for the appointment of a general guardian

Notice of Hearing

Petition for the appointent of a guardian for an incompetent

Notice

Discharge from further liability of the sureties of the guardian’s (of a minor) old bond upon the posting of a new bond [if no injury may result therefrom to those interested in the property] Application of the guardian for authority to consent to a partition of real or personal property owned by the ward jointly or in common with others

Notice of Hearing

Notice

TO WHOM All persons interested

All persons interested

Petition for judicial determinatin of competency of the guradian

Notice of Hearing

Petition for the allowance of will not filed by the testator

Notice of Hearing

Petition for the allowance of will filed by the testator

Notice of Hearing

Petition for letters of administration

LEGAL BASIS SEC. 15, RULE 88

SEC. 16, RULE 88

SEC. 1, RULE 90

All persons mentioned in the petition, including the minor if he is 14 years of age or over All persons mentioned in the petition residing in the province, including the incompetent himself All interested persons

SEC. 8, RGM

Relatives of the ward

SEC. 17 RGM RULE 96

Guardian

Notice of Hearing

WHEN

Guardian of the person so declared incompetent and the ward Designated or other known heirs, legatees and devisees of the testator resident in the Philippines, at their places of residence if such places of residence be known Executor, if not the petitioner Person named as coexecutor not petitioning Only to compulsory heirs

Served personally or by mail to known heirs and creditors and to any other persons believed to have an interest in the estate

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SEC. 3, RULE 93

SEC. 15, RGM

Before removal

SEC. 24, RGM SEC. 2, RULE 97 SEC. 1, RULE 97

At least 20 days before the hearing by mail. Personal service at least 10 days before the hearing is equivalent to mailing

SEC. 4, RULE 76

At least 20 days before the hearing by mail. Personal service at least 10 days before the hearing is equivalent to mailing

SEC. 4, RULE 76

SEC. 3, RULE 79

NOTICE Notice of Hearing [personally or by advertisement in a newspaper/s, or both, as the court directs] Notice

OF WHAT Allowance of account executor or administrator

Filing of money claims against the estate in the office of the clerk of court

All persons having money claims against the decedent

Notice of Hearing Notice of Hearing

Petition for appointment of a trustee Petition of parties beneficially interested to remove a trustee Removal of the court of a trustee who is insane or otherwise incapable of discharging his trust or evidently unsuitable therefor Petition for authority to sell or encumber any real or personal estate held in trust Order fixing the date and time of hearing on the Petition for the hospitalization of an insane person

All persons Interested Trustee

Notice

Notice of Hearing

Copy

Notice of Hearing

of

an

Petition for the appointment of a representative or for the declaration of absence and the appointment of a trustee or administrator

TO WHOM Persons interested

All persons interested

WHEN

LEGAL BASIS SEC. 10, RULE 85

Immediately after granting letters testamentary or of administration

SEC. 2, RULE 86

SEC. 1, RULE 98 SEC. 8, RULE 98 Before removal

SEC. 8, RULE 98

SEC. 9, RULE 98

Served on the person alleged to be insane, and to the one having charge of him, or on such of his relatives residing in the province or city, as the judge may deem proper Served upon the known heirs, legatees, devisees, creditors, and other interested persons

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SEC. 2, RULE 101

At least 10 days befor the hearing

SEC. 4, RULE 107

PUBLICATION REQUIREMENTS CAVEAT: Not exhaustive WHAT Copy of Order fixing time and place of Hearing on Petition for Escheat Notice of Hearing on the Petition for guardianship of a minor residing outside the Philippines; but notice may be given thru other means, as the court deems proper Notice of Hearing on Petition for Summary Settlement of Estate Fact of Extrajudicial Settlement Notice of Hearing on Petition for Letters of Administration Notice of Hearing on Petition for Allowance of Will Notice requiring all persons having money claims against the decedent to file their claims in the office of the clerk of court Copy of Order fixing time and place of Hearing on Petition for Change of Name Copy of Petition for Change of first name or nickname Notice of Hearing on Petition for Cancellation or Correction of Entry inunder Rule 108 Notice of Hearing on Petition for the appointment of a representative or for the declaration and appointment of a trustee or administrator Copy of Order fixing time and place of Hearing on Petition for Adoption

WHEN At least once a week for 6 consecutive weeks

WHERE Newspaper of general circulation published in the province, as the court shall deem best

LEGAL BASIS SEC. 2, RULE 91

SEC. 12, RGM

At least once a week for 3 consecutive weeks At least once a week for 3 consecutive weeks 3 consecutive weeks successively, previous to the time appointed 3 consecutive weeks successively, previous to the time appointed 3 weeks seccessively

Newspaper of general the province Newspaper of general the province Newspaper of general the province Newspaper of general the province In a newspaper circulation

At least once a week for 3 consecutive weeks

Newspaper of general circulation in the province, as the court shall deem best Newspaper of general circulation

SEC. 3, RULE 103

Newspaper of general circulation in the province

Sec. 4, RULE 108

Newspaper of general circulation in the province or city where the absentee resides, as the court deems best. Newspaper of general circulation in the province or city where the court is situated

SEC. 4, RULE 107

At least once a week for 2 consecutive weeks At least once a week for 3 consecutive weeks Once a week for 3 consecutive weeks prior to the time designated for the hearing At least once a week for 3 successive weeks

circulation in

SEC. 2, RULE 74

circulation in

SEC. 1, RULE 74

circulation in

SEC. 3, RULE 79

circulation in

SEC. 3, RULE 76

of

SEC. 3, RULE 86

general

The newspaper shall be selected by raffle under the supervision of the Executive Judge

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SEC. 5, RA 9048

VENUE/JURISDICTION SPECIAL PROCEEDING Settlement of the Estate of a Deceased Peron

VENUE Residence of the decedent; if non-resident, place where he had estate.

Escheat

Residence of the decedent; if non-resident, place where he had estate. In reversion, place where the land lies in whole or in part. Residence of minor; if non-resident, place where he his property or part thereof is situated. Residence of incompetent; if non-resident, place where he his property or part thereof is situated. Where will was allowed; or where the property or portion thereof affected by the trust is situated Domestic: residence of adopter; Inter-country: residence of adoptee or where he may be found; or ICAB Residence of adoptee If filed with the RTC, where detainee is detained

Appointment of Guradians

Appointment of Trustees Adoption

Rescission of Adoption Habeas Corpus

Habeas Data

Amparo Change of Name Change of First Name

Appointment of Representive/ Declaration of Absence Cancellation/correction of entries

For the custody of minors, residence of minor or where he may be found Where the petitioner or respondent resides, or that which has jursidiction over the place where the data or information is gathered, collected, or stored, at the option of the petitioner Where the threat, act or omission was committed or any of its elements occured Rule 103: residence of petitioner RA 9048: 1. Local civil registry where the record sought to be changed is kept 2. Local civil registry of the place of residence of the interested party , if the petitioner migrated to another place in the Philippines and it is impractical to file it in person in the former 3. Nearest Philippine Consulate for nonresidents Residence of absentee before disappearance

Rule 108: where the corresponding civil registry is located RA 9048: 1. Local civil registry where the record sought to be changed is kept 2. Local civil registry of the place of residence of the interested party , if the petitioner migrated to another place in the Philippines and it is impractical to file it in person in the former 3. Nearest Philippine Consulate for nonresidents

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JURISDICTION MTC if the gross value of the estate does not exceed 300,000, or does not exceed in Metro Manila; RTC if over the limit RTC

Family Court RTC RTC Family Court Family Court or ICAB Family Court SC, CA, RTC, MTC in the case there is no RTC judge, Sandiganbayan in the aid of its appellate jursidiction Family Court, CA, SC RTC; may be filed with the SC, CA or Sandiganbayan, when the action concerns public data files of government offices RTC, Sandiganbayan, CA, SC or any justice thereof RTC Local Civil Consulate

Registrar

or

nearest

Philippine

Registrar

or

nearest

Philippine

RTC

RTC Local Civil Consulate

SPECIAL PERIODS PROCEEDING Extrajudicial Settlement of Estate of Deceased

Extrajudicial Settlement of Estate of Deceased

Extrajudicial Settlement of Estate of Deceased

Extrajudicial Settlement of Estate of Deceased

Allowance of Will

Allowance of Will

WHAT Presumption that decedent left no debts if no creditor files a petition for letters of administration Liability of Bond of Distrubutees

PERIOD 2 years after the decedent

Prescription of recovery of share of excluded heir based on constructive or implied trust

10 years

Filing of claim by a minor, mentally incapacitated, or is in prison, or is outside the Philippines Delivery of will by custodian to the court having jurisdiction or executor named in the will Presentation of will to the court having jurisdiction; acceptace or refusal of the trust

Within 1 year after disability is removed

Letters of Administration

Spouse, next of kin of testator should apply for administration or request that administration be granted to some other person

Letters of Testamentary or Administration

Return of Inventory to the Court

Letters of Testamentary or Administration

of

2 years after the settlement and distribution

In case of fraud, 4 years from the discovery of fraud

Within 20 days after he knows of the death of the testator, ow 20 days after he knows that he is named executor Within 30 days after the death of the testator

months

from

Within 3 months from appointment; annually after appointment; whenever required upon the application of an interested person Within 1 year, and at any other time when required by the court

Account of administration

Guardianship

Annually after appointment; whenever required upon the application of an interested person Period fixed by the court, which shall not be more than 12 months nor less than 6 months after the date of the first publication of the notice

Claims against the Estate

Statute of Non-claims

Settlement of Estate

Disposition of estate and payment of debts and legacies

Bond remains charged within the period, notwithstanding any transfers of real estate that may have been made

This would be from the date of registration of the partition agreement because such registration is constructive notice to the world

Within 20 days after he knows of the death of the testator

Within 3 appointment

Guardianship

NOTE death

Shall not exceed 1 year

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Failure to comply results in the issuance of the Letters of Administration to one or more of the principal creditors of the testator, if competent and willing to serve Fact that an inventory is filed after the 3-month period does not deprive the probate court of jurisdiction to approve it.

Unless the court otherwise directs because of extensions of time for presenting of claims against, or paying the debts of, the estate, or for disposing the estate

At any time before an order of distribution is entered, on application of a creditor who has failed to file a claim may, for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding 1 month But the court may, on application of the executor or administrator, after hearing and notice, extend time as the circumstances require not exceeding 6 months for

PROCEEDING

WHAT

PERIOD

Settlement of Estate

Extension for disposition of estate when executor or administrator dies and a new administrator is appointed

Escheat

Filing of claim

Guardianship

Reporting of property of ward not included in the inventory later discovered, succeeded to, or acquired Supervised trial custody Rescission

Not exceeding 6 months at a time and not exceeding 6 months beyond the time which the court may have allowed to such original executor or administrator 5 years from the date the property was delivered to the state Within 3 months after discovery, succession, acquisition

Adoption Adoption

Change of name

Residency petitioner

requirement

of

RA 9048

Impugning the decision of City or Municipal Civil Registrar

At least 6 months Within 5 years after reaching age of majority; if incompetent at the time of adoption, within 5 years after recovery from such incompetency Bona fide residence in the province where petition is filed for at least 3 years 10 working days from receipt

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NOTE single extension nor so that the whole period allowed to the original executor shal exceed 2 years

Failure on the part of the Civil Registrar General to impugn such within the period will result in the decision becoming final and executory