Lecture: Special Proceedings - Last Minute Tips for Bar Candidates

Introduction

• Lecture on special proceedings for bar candidates and takers.
• Focus on subject matter and applicability of general rules.

Special Proceedings vs Civil Action

• Special Proceeding: Application to establish status, right of a party, or a particular fact, distinct from ordinary civil action.
• Civil Action: Party sues for enforcement or protection of a right, prevention, or redress of a wrong.

Commencement

• Special Proceedings: Initiated by application/petition or special form of pleading.
• Civil Action: Initiated by a complaint.

Cause of Action

• Ordinary Action: Requires a cause of action; existing right violated resulting in injury.
• Special Proceedings: Do not seek affirmative relief for injury due to wrongful acts.

Rules and Applicability

• Rules in civil actions are applicable in special proceedings unless there's a conflict.
• Rule 72, Section 2 allows applicability where no special provisions exist.

Jurisdiction Over Probate Proceedings

• Determined by the gross value of the estate.
• RTC Jurisdiction: If the estate exceeds 2 million pesos.
• MTC Jurisdiction: Estate value does not exceed 2 million pesos.

Venue

• Based on the residence of the decedent at the time of death.
• Exception: Non-residents with estates in the Philippines.

Nature of Settlement Proceedings

• Proceeding in rem; binding against the world.

Judicial vs Extrajudicial Settlement

• Judicial: Administers settlement through court.
• Extrajudicial: Possible when no will exists; involves affidavit of being a sole heir.

Constructive Notice

• Publication does not constitute constructive notice to uninformed heirs in extrajudicial settlements.

Probate and Will

• Allowance of a will is mandatory for it to take effect.
• Probate limited to extrinsic validity, not intrinsic.

Mortgage and Estate Claims

• Mortgage creditors have alternative remedies upon mortgagor's death.
• Probate Court: Limited jurisdiction; cannot issue writs of execution for debt payment.

Guardianship

• Guardianship of Incompetents: RTC where the incompetent resides.
• Guardianship of Minors: Family court where the minor resides.

Change of Name

• Rule 103: Change due to proper, reasonable cause.
• Rule 108: Correction of entries in the Civil Registry for clerical or substantial errors.

Clerical Error Act

• RA 9048: Administrative correction of first names or entries.
• RA 10172: Includes day/month of birth, sex corrections.

Habeas Corpus

• Remedy for illegal detention or when rightful custody is withheld.

Writ of Amparo and Habeas Data

• Amparo: Protect life, liberty, and security against unlawful acts or omissions.
• Habeas Data: Protects privacy against data gathering without consent.

Environmental Cases

• Writ of Kalikasan: Protects against environmental damage affecting public health and safety.

Conclusion

• Emphasizes faith and perseverance in achieving the goal of becoming a lawyer.
• Encourages to stay close to God throughout the process.