Spec Pro Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Remedial Law
SUMMER REVIEWER
SPECIAL PROCEEDINGS
SPECIAL PROCEEDING
This is a remedy by which a party seeks to establish a status, a right, or a particular fact. (Rule 1, Sec. 3c)
RULE 72
SUBJECT MATTER AND APPLICABILITY OF
GENERAL RULES
Section 1. Subject matter of special proceedings
Section 2. Applicability of rules of civil actions
SUBJECT MATTER OF SPECIAL PROCEEDINGS
a. Settlement of estate of deceased persons
b. Escheat
c. Guardianship and custody of children
d. Trustees
e. Adoption
f. Rescission and revocation of adoption
g. Hospitalization of insane patient
h. Habeas corpus
i. Change of name
j. Voluntary dissolution of corporations
k. Judicial approval of voluntary recognition of minor natural children;
l. Constitution of family home
m. Declaration of absence and death
n. Cancellation of correction of entries in civil registry OTHER SPECIAL PROCEEDINGS
a. liquidation proceedings
b. intra-corporate controversies
c. corporate rehabilitation and a
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d. recognition are neededenforcement of arbitration and to see this picture. proceedings e. vacation, setting aside, correction or modification of an arbitral award
f. any application with a court for arbitration assistance and supervision
ACTION
To protect or enforce a
SPECIAL
PROCEEDINGS
To establish a status,
right, or to prevent or redress a wrong
Initiated by Complaint
Definite Parties
Answer is filed
Handled by court of general jurisdiction
Adversarial
Statute of Limitations applies 15-day appeal period
right, or a particular fact
Initiated by Petition
Definite petitioner, no definite adverse party
Opposition is filed
Heard by court of limited jurisdiction Not adversarial
No statute of limitations
30-day appeal period
JURISDICTION AND VENUE
a. Settlement of estate of deceased persons
i. RTC – Gross value of the estate exceeds
P300,000/P400,000
Remedial Law
SUMMER REVIEWER
SPECIAL PROCEEDINGS
SPECIAL PROCEEDING
This is a remedy by which a party seeks to establish a status, a right, or a particular fact. (Rule 1, Sec. 3c)
RULE 72
SUBJECT MATTER AND APPLICABILITY OF
GENERAL RULES
Section 1. Subject matter of special proceedings
Section 2. Applicability of rules of civil actions
SUBJECT MATTER OF SPECIAL PROCEEDINGS
a. Settlement of estate of deceased persons
b. Escheat
c. Guardianship and custody of children
d. Trustees
e. Adoption
f. Rescission and revocation of adoption
g. Hospitalization of insane patient
h. Habeas corpus
i. Change of name
j. Voluntary dissolution of corporations
k. Judicial approval of voluntary recognition of minor natural children;
l. Constitution of family home
m. Declaration of absence and death
n. Cancellation of correction of entries in civil registry OTHER SPECIAL PROCEEDINGS
a. liquidation proceedings
b. intra-corporate controversies
c. corporate rehabilitation and a
QuickTime™
TIFF (Uncompressed) decompressor
d. recognition are neededenforcement of arbitration and to see this picture. proceedings e. vacation, setting aside, correction or modification of an arbitral award
f. any application with a court for arbitration assistance and supervision
ACTION
To protect or enforce a
SPECIAL
PROCEEDINGS
To establish a status,
right, or to prevent or redress a wrong
Initiated by Complaint
Definite Parties
Answer is filed
Handled by court of general jurisdiction
Adversarial
Statute of Limitations applies 15-day appeal period
right, or a particular fact
Initiated by Petition
Definite petitioner, no definite adverse party
Opposition is filed
Heard by court of limited jurisdiction Not adversarial
No statute of limitations
30-day appeal period
JURISDICTION AND VENUE
a. Settlement of estate of deceased persons
i. RTC – Gross value of the estate exceeds
P300,000/P400,000