ArticuLaw Primo

Rule 73
Venue and Process

 

Prepared by: Edward Agravante

 

 

Special Proceedings – a remedy by which a party seeks to establish a status, a right or a particular fact. (Rule1, Section 3)

 

 

Venue

 

•INHABITANT OF PHILIPPINES(whether citizen or alien) – Court of province/city where he resides at the time of death.

 

•INHABITANT OF FOREIGN COUNTRY – Regional Trial Court of any province wherein he had his estate.

 

Where Estate of Deceased Persons
Settled. (Sec.1)

 

Two Kinds of Settlement

 

1.Extrajudicial Settlement

  (Rule 74, Section 1)

 

2.Judicial Settlement – Testate or intestate Proceedings instituted in the country where decedent has his residence.

 

*Residence-means his personal, actual or physical habitation, his actual residence or place of abode.

 

 

 

Extent of Jurisdiction

 

     Probate courts are courts of limited jurisdiction. It may only determine and rule upon issues relating to the settlement of the estate.

 

1.Administration of the estate.

2.Liquidation of the estate.

3.Distribution of the estate.

 

 

GENERAL RULE: Probate court cannot determine issue of ownership.

 

EXCEPTIONS:

 

1.Provisionally, ownership may e determined for the purpose of including property in inventory, without prejudice to its final determination in a separate action.

 

2.When all parties are heirs and they submit the issue of ownership to the probate courts provided that the rights of third parties are not prejudiced.

 

Principle of Exclusionary Rule

 

     The court first taking cognizance of the settlement of the estate of the decedent, shall exercise jurisdiction to the exclusion of all other courts.

 

Exception:

 

     Estoppel by Laches.

 

 

Where Estate Settled upon
Dissolution of Marriage

 

1. If one spouse died: the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased

spouse.

 

2. If both spouses have died: the conjugal partnership shall be liquidated in the testate or intestate proceedings of either.

 

 

Process

 

     RTC may issue:

 

  a. Warrants and process necessary:

 

  i. To compel attendance of witnesses

  ii. To carry into effect their orders and judgments

 

  b. All other powers granted by law

 

  c. Warrant for the apprehension and imprisonment if a person does not perform an order or                                    judgment rendered by the court until he performs or is released

 

 

Presumption of Death

 

- Presumption of death - if absent or unheard of for the periods fixed in Civil Code

 

- If proven to be alive:

 

  a. He shall be entitled to the balance of estate.

  b. Recovered by motion in the same proceeding.

 

- For purposes of settlement of his estate only.

 

- No independent action for declaration of presumption of death.

 

 

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See Fule vs Court of Appeals