KALINGA STATE UNIVERSITY

College of Law
JURIS DOCTOR (NON-THESIS)
First Semester, Academic Year 2019-2020

COURSE NO.: Special Proceedings

TIME DURATION: 2-hour/week
CREDIT: 2 Units
PRE-REQUISITE: Succession

1. VISION AND MISSION STATEMENT

Vision: A Knowledge and Technology Hub in Asia-Pacific Region
Mission: Kalinga State University shall primarily provide higher and advanced education, professional instruction and training in the
arts, agriculture forestry, social and natural sciences and technology, and other relevant fields of study. It shall also promote and
undertake research and extension services, and provide progressive leadership in its areas of specialization.

2. COURSE DESCRIPTION
A study of Rules 72-109 of the Revised Rules of Court dealing with the procedural rules on the settlement of estate, will, letters
testamentary and administration, escheats, guardianship, appointment of trustees, adoption, change of name, cancellation and
correction of entries in the Civil Registry and appeals in special proceedings.

3. GENERAL OBJECTIVES
At the end of the semester, the students are expected to know:
1. Concept of Special Proceedings
2. Settlement of Estate of Deceased Persons
3. Production and Probate of Will
4. Allowance or Disallowance of Will
5. Letters of Testamentary and of Administration
6. Claims against the Estate
7. Actions By and Against the Executor and Administrator
8. Distribution and Partition
9. Escheats
10. Guardians and Guardianship
11. Trustees
12. Adoption and Custody of Minors
13. Writ of Habeas Corpus
 14. Writ of Amparo (AM No. 07-9-12-SC)
15. Writ of Habeas Data (A.M. No. 08-1-16-SC)
16. Writ of Kalikasan
17. Change of Name
18. Cancellation or Correction of Entries
19. Clerical Error Act and its Implementing Rules
20. Absentees

4. SUGGESTED ACTIVITIES
1. Lectures;
2. Recitations;
3. Case digests; and
4. Seatworks

Reading Assignments

21. Special Proceedings

1. Definition
2. Distinguished from a civil action
3. What are the special proceedings: other special proceedings
4. What governs special proceedings

22. Settlement of Estate of Deceased Persons

A. Venue and Jurisdiction (Rule 73)
1. a. Extent of jurisdiction of probate court
2. Powers and duties of probate court

B. Kinds of Settlement
A. Extrajudicial (Rule 74)
1. Extrajudicial settlement by agreement between the parties, when allowed
2. Affidavit of Self-adjudication by sole heir
a. Two-year prescriptive period for creditors to file claim
b. Remedies of aggrieved parties after extrajudicial settlement of estate
B. Judicial
1. Summary settlement of estate of small value, when allowed (Rule 74)
2. By petition
 a. Intestate
i. Petition for letters of Administration (Rule 78)
b. Testate
i. Petition for Allowance of Will and Letters Testamentary (Rules 75-79)
ii. Petition for Allowance of Will and for Letters of Administration with Will Annexed (Rules 75-79)
3. By Action for Partition (Rule 69)

23. Production and Probate of Will (Rule 75)

a. Nature of Probate Proceeding; reason for necessity of probate
b. Who are required to produce Will

24. Allowance or Disallowance of Will (Rule 76)

a. Contents of petition for allowance of Will
b. Who may petition for probate/allowance of Will
c. Persons entitled to notice
d. Proof needed for allowance of Will
e. Grounds for disallowing Will
f. Reprobate (Rule 77)
g. Effects of Probate

25. Letters of Testamentary and of Administration (Rule 78)

a. Who are incompetent to serve as executor or administrator
b. When Letters of Testamentary issued
c. When and to whom Letters of Administration issued; Order of preference
d. Opposition to issuance of Letters Testamentary; Simultaneous filling of petition for administration/Contents of petition (Rule 79)
e. Appointment of Special Administrator vs. Regular (Rule 80)
f. Bonds of Executors and Administrators (Rule 81)
g. Revocation of Administration; Death, Resignation, Grounds for Removal of Executors or Administrators (Rule 82)
h. Powers and Duties of executors (Rule 84)
i. Accountability and Compensation of Executors and Administrators (Rule 85)

26. Claims against the Estate (Rule 86)

a. Time within which claims shall be filed; exceptions
b. Statute of non-claims
c. Claim of Executor or Administrator against the estate
d. Payment of Debts of the estate (Rule 88)
 e. Sales, Mortgages and other encumbrances of property of Decedent (Rule 89)

27. Actions By and Against the Executor and Administrator (Rule 87)
a. Actions that may be brought against Executors and Administrators
b. Requisites before creditor may bring an action for recovery of property fraudulently conveyed by the decedent

28. Distribution and Partition (Rule 90)

a. Liquidation
b. Project of Partition
c. Remedy of an heir entitled to residue but not given his share
d. Instances when probate court may issue writ of execution

Cases for Rules 73-90

Buot v. Dujali, G.R. No. 199885, October 2, 2017
Gilda Jardeleza vs. Sps Melecio and Elizabeth Jaredeleza,G.R. No. 167975, June 17, 2015
MIMCO vs. Jose T. Marcelo, Jr., G.R. No. 209651, November 26, 2014
Guevarra vs. Guevarra, 74 Phil 749
Uy vs. Lee, G.R. No. 176831, January 15, 2010
Codoy vs. Calugay, 312 SCRA 333
Pastor vs. CA, G.R. No. 56340, June 24, 1983
Nuguid vs. Nuguid, 17 SCRA 44
Nepomuceno vs. CA, 139 SCRA 206
Pizarro vs. CA, August 6, 1980
Bermudo vs. Tayag-Roxas, February 2, 2011
Metrobank vs. Absolute Management Corp., January 9, 2013
Sheaker vs. Estate of Sheaker, G.R. No. 157912, December 13, 2007
Gabatan vs, CA, G.R. No. 150206, March 13, 2009
De Leon vs. CA - 384 SCRA 216
Valarao vs. Pascual – 392 SCRA 695
Union Bank vs. Santibañez – 452 SCRA 220
Jamero vs. Nelicor – 459 SCRA 113
Lee vs. RTC of Quezon City – 423 SCRA 497
Heirs of Hilano Ruiz vs. Edmond Ruis – G.R. No. 119671
San Luis vs. San Luis – 514 SCRA 294
Pilapil vs. Heirs of maximino Briones – 514 SCRA 197
Garcia-Quiazon vs. Belen, 702 SCRS 707, July 31, 2013
C. Escheats (Rule 91)
I. Definition
II. Historical Background and legal basis (Regalian Doctrine)
III. When to file; by whom petition filed
IV. Claim against estate; period of filing
V. Actions for Reversions (Sec. 5)
Cases:
1. Alvarico vs. Sola – 383 SCRA 232
2. Caro vs. Sucaldito – 458 SCRA 695

D. Guardians and Guardianship (Rules 92-97)

1. Venue and Jurisdiction (Rule 92)
2. Appointment, Kinds, Qualifications of Guardians (Rule 93)
3. Requisites for filing of petition; Bonds of Guardians (Rule 94)
4. Selling and Encumbering Property of Ward (Rule 95)
5. Power and Duties of Guardians (Rule 96)
6. Termination of Guardianship (Rule 97)
Cases:
1. Goyena vs. Ledesma-Gustilo – GR No. 147148
2. Cañiza vs. CA – GR No. 110427
3. Vansil vs. Balmes, 358 SCRA 757
4. Paciente vs. Dacuycuy, 114 SCRA 924
5. Abad vs. Biason, 687 SCRA 368, December 5, 2012
6. Oropesa vs. Oropesa, 671 SCRA 174, 2012

E. Trustees (Rule 98)

1. Distinguished from Executor / Administrator
2. Conditions of the Bond
3. Requisites for the removal and resignation of a trustee
4. Grounds for removal and resignation of a trustee
5. Extent of authority of trustee

F. Adoption and Custody of Minors (Rules 99 and 100)

I. Distinguish Domestic Adoption from Inter-Country Adoption
II. RA 8552 – Domestic Adoption Act of 1998
 a. Effects of Adoption
b. Instances when adoption may be rescinded
c. Effects of rescission of adoption
III. RA 8043 – Inter-Country Adoption Act of 1995
a. When allowed
b. Functions of the RTC
c. ‘Best interest of the minor’ standard
IV. Rule on Adoption (AM No. 02-6-02-SC effective August 22, 2002)
a. Who may adopt (Sec. 4)
b. Who may be adopted (Sec. 5)
c. Venue and Jurisdiction ( Sec. 20)

Cases:
Cang vs. CA – 296 SCRA 128
Vda. De Jacob vs. CA – 312 SCRA 772
Republic vs. Hon. Jose Hernandez – 253 SCRA 509
Republic vs. CA – 255 SCRA 99
In the Matter of Stephanie Nathy Astorgia-Garcia – 454 SCRA 541
SSS vs. Aguas – 283 SCRA 383
Landingin vs. Republic – 493 SCRA 415

G. Writ of Habeas Corpus (Rule 102)

1. Definition and Nature of Scope (Sec. 1)
2. Who may grant the writ (Sec. 2)
3. Requisites for Application (Sec. 3)
4. Disallowance or Discharge of the Writ (Sec. 4)
5. When must be granted and issued (Sec. 5)
6. Preliminary Citation vs. Peremptory Writ (Sec. 6)
7. Return, when evidence; when plea (Sections 10, 12, 13)
8. Rule on the custody of Minors and Writ of Habeas Corpus in relation to Custody of Minors (A.M. No. 03-04-04 SC)
9. Distinguish from writ of amparo and habeas data

Cases:
Thornton vs. Thornton, August 16, 2004
Fletcher vs. Director of Bucor, July 17, 2009
Aquino vs. Esperon, G.R. No. 174994, August 31, 2007
 Ampatuan vs. Macaraig, June 29, 2010
Go vs. Dimagiba, G.R. No. 151876, June 21, 2005
Chavez vs. CA, G.R. No. L-29169, August 19, 1968
Bagtas vs. Santos, G.R. No. 166682, November 27, 2009
Tujan-Militante vs. Cada-Deapera, July 28, 2014
Ilusorio vs. Bildner – 332 SCRA 169
Serapio vs. Sandiganbayan – 396 SCRA 443 11. Lacson vs. Perez – 357 SCRA 756

H. Writ of Amparo (AM No. 07-9-12-SC)

1. Coverage
2. Distinguish from Habeas Corpus and Habeas Data
3. Differences between amparo and search warrant
4. Who may file
5. Contents of return
6. Effects of failure to return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of criminal action
11. Consolidation
12. Interim reliefs available to petitioner and respondent
13. Quantum of proof in application for issuance of writ of amparo

Cases:
Rubrico vs. Macapagal-Arroyo, G.R. No. 183871, February 18, 2010
Arthur Balao, et Al. Vs. Eduardo Ermita, et Al., G.R. No. 186050, August 1, 2017
Lt. Sg. Mary Nancy P. Gadian v. AFP Chief of Staff Ibrado et al., G.R. No. 188163. October 3, 2017
Burgos vs. Macapagal-Arroyo, June 22, 2010
Yano vs. Sanchez, G.R. No. 186640, February 11, 2010
Caram vs. Segui, august 5, 2014
Reyes vs. Gonzales, December 3, 2009
Boac vs. Cadapan, 649 SCRA 618, May 31, 2011
Martinez vs. Mendoza, 499 SCRA 234
Razon vs. Tagitis, 606 SCRA 598
Republic of the Philippines vs Regina Cayanan and SPO1 Rolando Pascua, G.R. No. 181796, November 07, 2017
I. Writ of Habeas Data (A.M. No. 08-1-16-SC)
1. Scope of Writ
2. Availability of Writ
3. Differences between Habeas Corpus and Amparo
4. Contents of petition
5. Contents of return
6. Instances when petition may be heard in chambers
7. Consolidation
8. Procedure for hearing
9. Institution of separate action
10. Effect of filing of criminal action
11. Quantum of poor in application for issuance of writ of amparo

Cases:
Meralco vs. Gopez-Lim, October 5, 2010
Vivares vs. St. Theresa’s College, September 29, 2014

J. Writ of Kalikasan
Cases:
Most Reverend Pedro D. Arigo v. Scott Swift, G.R. No. 206510, September 16, 2014
Resident Marine Mammals of the Protected Seascape Tanon Strait v. Secretary Angelo Reyes, G.R. No. 180771, April 21, 2015
Victoria Segovia, et al. vs. The Climate Change Commission G.R. No. 211010, March 7, 2017

K. Change of Name (Rule 103)

1. Venue and Jurisdiction
2. Contents of Petition/Grounds
3. Hearing
4. Judgment

L. Cancellation or Correction of Entries (Rule 108)

1. Venue and Jurisdiction
2. Contents of Petition/Grounds/Entries subject to cancellation or correction
3. Hearing
4. Judgment

M. Clerical Error Act and its Implementing Rules (RA 9048)

 1. Venue and Jurisdiction
2. Contents of Petition/Grounds 3.
3. Summary of Hearing
4. Differences under Rule 103, Rule 108, and RA 9048

Cases for Rules 103 and 108 and RA 9048

1. Republic of the Philippines v. Lorena Sali, G.R. No. 206023, April 3, 2017
2. Republic vs. Mercadera, G.R. No. 186027, December 8, 2010
3. Republic vs. Tanada, G.R. No. 31563, November 29, 1971
4. Republic vs. Coseteng-Magpayo, G.R. No. 189476 February 2, 2011
5. Braza vs. City Civil Registrar of Himamaylan City, December 4, 2009
6. Corpuz vs. Sto.Tomas, August 11, 2010, 626 SCRA 266
7. Fujilo vs. Mahinay, June 20, 2013
8. Republic vs. Olaybar, February10, 2014
9. Republic vs. Belmonte, G.R. No. L-32600, February 26, 1988
10. Republic vs. Uy, 703 SCRA 425, August 12, 2013
11. Onde vs. Local Civil Registrar, September 10, 2014
12. Eleoaida vs. Local Civil Registrar of QC and Carlos Borbon –May 9, 2002
13. Republic vs. Kho – 526 SCRA 177
14. Kilosbayan Foundation vs. Ermita – 526 SCRA 353
15. Republic vs. Capote – 514 SCRA 76
16. Petition for Change of Name of Julian Lim Carulason Wang – 454 SCRA 155
17. Cervila vs. Delamar – 477 SCRA 134
18. Republic vs. Bolante – 495 SCRA 729
19. Silvano vs. Republic – 537 SCRA 373
20. Republic vs. Jannifer Cagandahan – 565 SCRA 72
21. Comm. on Higher Education vs. Dasig – 574 SCRA 227

N. Absentees (Rule 107)

1. Purpose of the rule
2. Who may file, when to file

Case:
Reyes vs. Alejandro, G.R. No. L-32026, January 16, 1986

O. Appeals in Special Proceedings (Rule 109)

 1. Judgments and order for which appeal may be taken
2. When to appeal
3. Modes of Appeal
4. Rule on advance distribution
Case:
Silverio vs. CA, G.R. NO. 178933, September 16, 2009

5. AUDIO-VISUAL AIDS
1. Lecture hand-outs
2. Activity sheets

6. GRADING SYSTEM
The College of Law adopts the grading system.
Mid-Term: 50% Class Standing + 50% Mid-term Examination
Semi-Finals: 50% Class Standing + 50% Final Examination
Final Grade: 1/2 of Mid-Term Grade + 1/2 of Semi-Final Grade

Class Standing includes the following:

Attendance: 5%
Oral/Written : 25%
Class Discussion/Term Paper: 20%
Examination: 50%
100%

7. CONTENT

Specific Objectives Content Time Frame Strategies Valuation Evaluation Activities

I. To understand the 1. Definition 3 hrs. Lecture Understanding the general 1. Recitation
meaning, purpose, 2. Distinguished from a civil concept of Special 2. Seatwork
and concept of Special action Proceedings. 3. Quiz
Proceedings 3. What are the special
proceedings: other special
proceedings
4. What governs special
 proceedings
II. To identify the steps A. Venue and Jurisdiction 1hr. Lecture Knowing the significance of 1. Recitation
of the settlement of B. Kinds of Settlement the Law on Trust receipt. 2. Seatwork
deceased person 3. Quiz
III. To demonstrate 1. Nature of Probate 2hrs. Lecture Demonstrating 1. Recitation
understanding of the Proceeding; reason for comprehension of the concept 2. Seatwork
production and necessity of probate and nature of production and 3. Quiz
Probate of Will 2. Who are required to probate of will.
produce Will
IV. To know the steps a. Contents of petition for 4hrs. Lecture Learning the steps and effects 1. Recitation
of the Allowance or allowance of Will of the allowance or 2. Seatwork
Disallowance of Will b. Who may petition for disallowance of will. 3. Quiz
probate/allowance of Will
c. Persons entitled to notice
d. Proof needed for allowance
of Will
e. Grounds for disallowing
Will Lecture
f. Reprobate
g. Effects of Probate
V. To learn the a. Who are incompetent to 2hrs. Lecture Knowing the contents and 1. Recitation
contents and serve as executor or significance of Letters of 2. Seatwork
significance of Letters administrator Testamentary and of 3. Quiz
of Testamentary and of b. When Letters of Administration.
Administration Testamentary issued
c. When and to whom Letters
of Administration issued;
Order of preference
d. Opposition to issuance of
Letters Testamentary;
Simultaneous filling of
petition for
administration/Contents of
petition
e. Appointment of Special
 Administrator vs. Regular
f. Bonds of Executors and
Administrators
g. Revocation of
Administration; Death,
Resignation, Grounds for
Removal of Executors or
Administrators
h. Powers and Duties of
executors
i. Accountability and
Compensation of
Executors and
Administrators
VI. To gain knowledge 1. Time within which claims 2hrs. Lecture Discerning the rules of claims 1. Recitation
on the rules of claims shall be filed; exceptions against the estate. 2. Seatwork
against the estate 2. Statute of non-claims 3. Quiz
3. Claim of Executor or
Administrator against the
Lecture estate
4. Payment of Debts of the
estate
5. Sales, Mortgages and
other encumbrances of
property of Decedent
VIII. To perceive 1. Liquidation 2hrs. Lecture Cognizing the various rules on 1. Recitation
rationally the rules on 2. Project of Partition rules on distribution and 2. Seatwork
distribution and 3. Remedy of an heir entitled partition. 3. Quiz
partition to residue but not given his
share
4. Instances when probate
court may issue writ of
execution
IX. To achieve a grasp 1. Historical Background and 1hr. Lecture Discerning the concept of 1. Recitation
of the nature and legal basis escheat proceedings. 2. Seatwork
significance of escheat 2. When to file; by whom 3. Quiz
 petition filed
3. Claim against estate; period
of filing
4. Actions for Reversions
X. To learn the rules 1. Venue and Jurisdiction 2hrs. Lecture Having an overview of the 1. Recitation
on Guardians and 2. Appointment, Kinds, rules on Guardians and 2. Seatwork
Guardianship Qualifications of Guardians Guardianship. 3. Quiz
3. Requisites for filing of
petition; Bonds of Guardians
4. Selling and Encumbering
Property of Ward
5. Power and Duties of
Guardians
6.Termination of
Guardianship
XI. To appreciate the 1. Definition and Nature of 2hrs. Lecture Appreciating the nature of 1. Recitation
nature of Writ of Scope Writ of Habeas Corpus as a 2. Seatwork
Habeas Corpus as a 2. Who may grant the writ remedy of a person who is 3. Quiz
remedy of a person 3. Requisites for Application deprived of life, liberty, and
who is deprived of life, 4. Disallowance or Discharge security.
liberty, and security of the Writ
5. When must be granted and
issued
6. Preliminary Citation vs.
Peremptory Writ
7. Return, when evidence;
when plea
8. Rule on the custody of
Minors and Writ of Habeas
Corpus in relation to
Custody of Minors
9. Distinguish from writ of
amparo and habeas data
XII. To appreciate the 1. Distinguish Domestic 3hrs. Lecture Appreciating the significance 1. Recitation
significance of the Law Adoption from Inter- of the Law on Adoption. 2. Seatwork
on Adoption Country Adoption 3. Quiz
 2. RA 8552 – Domestic
Adoption Act of 1998
3. RA 8043 – Inter-Country
Adoption Act of 1995
4. Rule on Adoption (AM No.
02-6-02-SC effective
August 22, 2002)
XIII. To learn the 1. Coverage 2hrs. Lecture Learning the distinctions of 1. Recitation
distinctions of the 2. Distinguish from Habeas the remedies available to a 2. Seatwork
remedies available to a Corpus and Habeas Data person deprived of life, liberty, 3. Quiz
person deprived of life, 3. Differences between and security.
liberty, and security amparo and search
warrant
4. Who may file
5. Contents of return
6. Effects of failure to return
7. Omnibus waiver rule
8. Procedure for hearing
9. Institution of separate
action
10. Effect of filing of criminal
action
11. Consolidation
12. Interim reliefs available to
petitioner and respondent
13. Quantum of proof in
application for issuance of
writ of amparo
XIV. To discern the 1. Venue and Jurisdiction 6hrs. Lecture Discerning the importance of 1. Recitation
importance of 2. Contents of Cancellation or Correction of 2. Seatwork
Cancellation or Petition/Grounds/Entries Entries, Clerical Error Act and 3. Quiz
Correction of Entries, subject to cancellation or its Implementing Rules, and
Clerical Error Act and correction rules on absentees.
its Implementing 3. Hearing
Rules, and rules on 4. Judgment
absentees
Prepared by:

Errol B. Comafay Jr.