Special Proceedings Rules 73-90
Before settlement of estate, there must be:
death (actual/physical) - cessation of life
presumptive death (See Rules in Civil Code)
no need to file for declaration of presumptive death
law already presumes death of decedent
Means of settlement of estate may be: judicial
extra-judicial
summary (estate does not exceed 10,000php)
affidavit of self-adjudication (only heir)
Extra-Judicial Settlement- parties can agree on the partition (with publication)
1. with movable property (money, jewelry) - bond required to ensure heirs who have not been given their shares be given the same (they can go to the court to compel payment of obligation) 2. only real property-no need for
bond (estate: continuing lien) Affidavit of Self-Adjudication
Exception to the rule that heirship is determined in probate court/special proceeding and NOT in an independent civil action: separate civil case where heirship was determined as an incident to the action for annulment of the affidavit (Rebusquillo v. Gualvez)
Court (Judicial) EJS
Petition for Settlement of Estate:
1. place of residence (NOT equivalent to domicile for purposes of filing
such petition) of D at the time of death
but:
2. heirs may agree to file before another venue
-NOT a question of jurisdiction but a question of venue; can be subject of an agreement
Jurisdiction (testate/intestate)
-MTC: does not exceed 300/400K (outside MM/ MM)
-RTC: exceeds amounts above ex.
No allegation of value of gross estate Filed before RTC lack of jurisdiction over subject matter petition: DISMISSED
(even if you participate in all the proceedings, there is no estoppel; this is not like the case of Tijam)
Who may file: (check rules) heirs
creditors
Special Administrator - appointment within the sole discretion of the court -no preference
-for preservation of the estate
-when there is delay in the appointment of administrator/executor
See Rule 78.
Regular Administrator- with preference 1. surviving souse - because SS is
party to the acquisition of the properties Qualifications of administrator: competence willingness bond ex.
1st marriage v. 2nd marriage
daughter v. SS
Q/Test: who has the greater interest to protect in the estate? (see rules on succession)
A: Daughter in 1st marriage -+oath
First Duty: inventory- which is provisional determination (court will decide with finality)
See Rule 81 (Within 3 months)
Property under the name of another person:
See 1448 CC (presumption of trust) -Remedies:
do not include in inventory (deprivation of due process)
action for reconveyance (in favor of the estate); present evidence that it is in the form of trust; after reconveyance- include in the inventory
**if donation: collate only and deduct from share of heir/s
Testate/Intestate Court - limited jurisdiction
-no power to determine nature of contact ex.
“Is the property sold or donated?” -Probate court has no power to determine the case; this question must be determined by a court of general jurisdiction (separate action/proceeding) -Probate Court: no power to determine ownership except if parties agree and no third party is prejudiced
Probate Court (Powers/Remedies) heirship
-motion for intervention (Art. 172 FC) - show proof of filiation
Lessee not paying - motion for contempt; instead: go to court for collection; action for ejectment
to sell/mortgage; instead: go to court and ask for leave to sell; account for the proceeds
Four Purely Monetary (but can be contingent) Claims against the Estate:
1. (of creditors) sum of money - does not survive
2. judgment for sum of money 3. hospital bills
4. funeral expenses See Sec. 5, Rule 86.
Not included (and one must file an independent action against A/E):
-Movable property -damages
Problem:
A-owner. B-buyer in good faith.
A died. C, son of A, appropriated improvements to the property.
B is then entitled to compensation (QUASI-CONTRACT)
Quasi contract = “implied” contract -must be claimed against the estate
Wrong remedy: complaint against C for collection
Testate > Intestate
Intestate: suspend/consolidate with testate proceedings; dismiss
Sec. 3, Rule 76.
See rules on testimonies of witnesses (in authentication)
Note: probate-extrinsic validity
Intrinsic validity- separate proceedings except it there is apparent preterition A will must be presented and authenticated in court.
Will: admitted: conclusive: best evidence of its due execution: res judicata
--case of forgery will therefore be dismissed
Rule 91: Escheat
1. intestate: no relative within 5th civil
degree of consanguinity :no voluntary heir
2. commercial law situation: period of 10 years: no movement in bank account 3. foreigner who acquires land in the Philippines (disqualified)
(see exceptions on nat.born Filipinos/dual citizenship)
Note: probate - imprescriptible
-10 years after escheat, voluntary heir appears: petition for probate!
But apply Sec. 4 (5 years) [JKAD: apply if testator left no will??? Check] Compare:
Court: permanent trust: income divided.
-versus-Testator: permanent trust: co-ownership; limited to twenty years only (10 years if decided by co-owners themselves).
Rule 102. Habeas Corpus.
Custody of minor Jurisdiction: FC (general rule)
concurrent jurisdiction with: CA
SC
paramount consideration: best interest/welfare of child OVER (and as an exception to) Rule 39 (immutability of judgments), such that execution of judgment may be stopped
conflict: below 7 - mother; unless there is a compelling reason…
if father is also unfit: judicial discretion (see preference listing)
HC applicable:
1. When father is hindered from meeting his child and there is no final decision yet as to who has custody over the child Illegitimate child: gen. rule: mother 2. any restraint on liberty
3. incarcerated but no charges Rule 92. Guardianship
-minor (until becomes of age) -incompetent
-absentee (until domicile is established) Rule 103 v. RA 10172
RA 10172: status citizenship
example when error is patent and administrative proceeding before the civil registrar is allowed:
actual date of birth- December 15, 2015. Recorded date of birth- December 15, 2025 (future)
Change of surname on the grounds of: Legit illegit
Married unmarried BOTH AFFECT STATUS
Must be changed in adversarial proceedings
Change of first name before the civil registrar- can be availed of only once (see requisites)
Criminal Procedure:
Check jurisdiction of courts -exceeds 6 years: RTC
General rule: Venue is jurisdictional Libel- prision correccional
-RTC has jurisdiction regardless of penalty.
Law confers jurisdiction.
General rule: Venue: place of the commission if the crime: so as not to be prejudicial to the accused and complainant
Exception: SC may order change of venue to attain the ends of justice
Delicto continuado Ex.
Lipa to the tip of Luzon -crime: kidnap
file: ANYWHERE Check Art. 2 of RPC.
Check Migrant Workers Act. Illegal recruitment
Venue: where crime was committed or place of residence of the complainant at the time of the commission of the crime Preliminary Investigatoon
COMELEC:
exclusive jurisdiction but:
concurrent jurisdiction with DOJ in P.I. and in prosecution of electoral offenses PGMA v. Abalos
Joint panel (Comelec and DOJ): Allowed COMELEC, DOJ,
Ombudsman--May they grant immunity from prosecution: YES, even if after P.I., proof show that the witnesses also committed the crime
Can a prosecutor file an Information after P.I. on the basis of hearsay? YES, if supported with substantial basis; probable cause is enough (as differentiated from substantial evidence) Information: allegations (NOT designation) are CONTROLLING
Ex.
Caption: homicide Allegations: murder Conviction: murder ----OK
Variance in the offense charged and the offense
proven--Proven must be necessarily included in the offense charged
A. Charged: murder Proven: homicide ----OK B. Charged: homicide Proven: murder ----NOT OK C.
Charged: intentional offense Proven: imprudence
----OK D.
Charged: drug pushing, trading, selling Proven: Possession
----OK (no violation of the constitutional mandate to be informed of the nature of the offense charged)
Information
-elements of the crime -territory
-time (no need for exact time)
-“at or about” : OK: but must not be far separated from the time of the commission of the crime; must not be prescribed
-NOT OK: “3,000 days ago”
-name of the accused: John Doe: OK -involves formal amendment AMENDMENTS
prior to arraignment: matter of RIGHT after arraignment, if SUBSTANTIAL amendment: there must be no prejudice (as defense today may no longer be available after amendment)
See Sec. 14, Rule 110.
Amendment to downgrade or exclude accused from information-notice to complainant is required
Problems:
Numerous checks bounced:
one (1) Information - remedy: motion to quash
-procedural defect that may be waived if there was a valid arraignment and plea, and offense charged was proven. CONVICTION may be had pertaining to all checks that bounced
PROPER ACTION: 1 check, 1 crime, 1 Information
Adultery: charge both unless there is pardon
Bigamy: charge both
Cannot be prosecuted without private complainant: Seduction, Acts of Lasciviousness, Abduction Must be alleged: aggravating circumstances qualifying circumstances special circumstances ex. A.
Man raped daughter. No allegation of minority: SIMPLE RAPE
Even if minority is proven, it cannot be considered as qualifying circumstance to convict accused of qualified rape.
However, minority/relationship may still be proven even if not alleged for the awarding of EXEMPLARY DAMAGES B.
Brother raped younger sister.
Do you need to allege the relationship? No, it is implied already. No need to state “related within 2 civil degrees.”
Filing of criminal action carries filing of civil action UNLESS there’s reservation, civil a. is filed ahead
Independent civil actions, NOT reserved: Arts. 32, 33, 34 and 2176 of the Civil Code
Reserved: Civil liability arising from criminal liability
Extinction of criminal liability extinguishes civil liability except when civil liability arises out of other sources of obligations (contracts, quasi-contracts, quasi-delicts)
Acquittal:
1. beyond reasonable doubt: as a rule, extinguishment of criminal liability extinguishes civil liability
2. no basis upon which civil liability may exist - exception - one cannot file a complaint for damages
Prosecution under BP22 -no reservation allowed
-civil action deemed filed with criminal action
Problem:
Bounced check.
Cases filed for violation of Art. 315 and BP22.
Can complainant now file a separate civil action? YES (but if BP22 only, no separate civil action allowed)
Prejudicial Question ex.
1.
X stole title, sold property to A.
Y filed a petition for reissuance (granted). Y sold property to B.
Criminal case filed against Y. Y defense: forged signature
Criminal case against Y can be suspended.
Civil action: declare other title void.
--If granted: criminal case dismissed
--If denied: proceed with the case. Civil case can preempt guilt.
2.
X and Y married. Void for lack of license. X married A in the meantime.
Y charged X of bigamy.
X filed declaration for nullity of marriage. CRIMINAL CASE cannot be suspended. No prejudicial question.
3.
Frustrated parricide - validity of marriage is not prejudicial question
4.
-Shell Phils. bought TCCs.
-TCCs were discovered to be included in a scam.
-Mr. Cruz (of Shell Phils.) was charged with violation of anti-graft law.
-In the meantime, BIR demanded for payment and filed a collection for sum of money.
-SC Ruling: Shell was a buyer in good faith and for value. The case against Mr. Cruz should therefore be dismissed based on “res judicata”
--- but in this example, the concept of prejudicial question could also have been utilized.
Rule 113. Arrest
Determination of Probable cause:
by prosecutor (administrative) - in filing Information; hearsay allowed because court will determine guilt after trial
by judge (judicial determination) -in arrest
Filing a case - easier than dismissing a case!
Issuance of warrant of arrest - NOT ministerial
Check constitutional requirements. If court is not satisfied that there is probable cause:
hearing
or prosecutor may be required to submit additional evidence
If there is still no probable cause, judge may dismiss the Information
*”motion to determine probable cause” -does not even have to be filed because it is a duty of the judge!
Warrantless Arrests (See Sec. 5, Rule 113) in flagrante hot pursuit escape of prisoners citizen’s arrest Personal Knowledge: facts obtained from media
There is “personal knowledge” in the following:
1.
Shooting police heard and came police saw judge there judge escaped police arrested judge: VALID warrantless arrest
2.
a group of task force/police in the field and they have a monitoring team among
them---monitoring team saw the commission of the offense
-other police officers (who did not see the commission of the offense) made the actual arrest of the accused
-there is still a VALID warrantless arrest (there is personal knowledge. Knowledge
of monitoring team = knowledge of whole group)
NO personal knowledge: arrest was made 2 years after the commission of the crime: NOT “...HAS JUST been committed”
Arrest- can be made any day, any time Rule 114. Bail
Right -MTC
-RTC not punishable by death, reclusion perpetua, life imprisonment
Discretion- RTC punishable by death, reclusion perpetua, life imprisonment
-RTC upon conviction (Check rules.)
Bail where filed:
When bail is a matter of discretion or release on recognizance: BEFORE court where case is pending ONLY
Denied if accused does not appear Constructive custody: hospital arrest More than 6 years less than 20 years -no bail when… check rules
No requirement to be arraigned first before bail may be granted -- otherwise, “motion to quash…” right shall be moot and academic
Bail may be granted for humanitarian reasons.
