REM 4

• Jurisdiction in special proceedings


  Primarily dependent on the petitioner's strict compliance with statutory requirements, which fix the authority of the Court to take cognizance of the case and pass a judgment thereon
• Certain statutes confer jurisdiction, power, or authority while others provide for the procedure by which that power or authority is projected into judgment
• Special proceedings are creatures of statutes (or constitutional provisions in the case of extraordinary writs like habeas corpus) that both confer jurisdiction on specific courts while providing for a specific procedure to be followed in order for the resulting judgment to be valid
• Special proceeding


  A remedy by which a party seeks to establish a status, a right, or a particular fact
• The authority to proceed in a special proceeding is conferred by a statute which is why the manner of obtaining jurisdiction is mandatory and the same must be strictly complied with
• Noncompliance with jurisdictional requirements in a special proceedings case removes a court's authority thereby rendering the whole proceedings void
• Unless there is a pending special proceeding for the settlement of the decedent's estate or for the determination of heirship, the compulsory or intestate heirs may commence an ordinary civil action to declare the nullity of a deed or instrument and for recovery of property, or any other action in the enforcement of their ownership rights acquired by virtue of succession, without the necessity of a prior and separate judicial declaration of their status as such
• The court first taking cognizance of the settlement of the estate of a decedent shall exercise jurisdiction to the exclusion of all other courts
• Rule 73, Section 1 merely relates to the venue of estate proceedings when it refers to the place of residence of the decedent in settlement of estates, probate of will, and issuance of letters of administration, and does not purport to define jurisdiction over estate proceedings
• Wills of foreigners executed in the Philippines may be probated if they have estate in the Philippines because probate of the properties can only be effected under Philippine law
• Extrajudicial Settlement of Estate under Section 1, Rule 74 of the Rules of Court and Summary Settlement of Estate of Small Value under Section 2, Rule 74 of the Rules of Court are exceptions to the rule that a deceased's estate should be judicially administered
• The public instrument providing the extrajudicial settlement should be filed in the office of the register of deeds to be binding
• A petition for the allowance of a will must show: (a) the jurisdictional facts; (b) the names, ages, and residences of the heirs, legatees, and devises of the testator or decedent; (c) the probable value and character of the property of the estate; (d) the name of the person for whom letters are prayed; and (e) if the will has not been delivered to the court, the name of the person having custody of it
• To probate a will


  To prove before some officer or tribunal, vested by law with authority for that purpose, that the instrument offered to be proved is the last will and testament of the deceased person whose testamentary act it is as alleged to be; that it has been executed, attested, and published as required by law; and that the testator was of sound and disposing mind
• Will


  To prove before some officer or tribunal, vested by law with authority for that purpose, that the instrument offered to be proved is the last will and testament of the deceased person whose testamentary act it is as alleged to be; that it has been executed, attested, and published as required by law; and that the testator was of sound and disposing mind
• Death makes it impossible for the decedent to testify as to the authenticity and due execution of the will, which contains their testamentary desires
• The proof of the formalities substitutes as the legal guarantee to ensure that the document purporting to be a will is indeed authentic, and that it was duly executed by the decedent
• A will is then submitted to the Regional Trial Court for probate proceeding to determine its authenticity, as "no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court"
• Probate proceeding


  To prove before some officer or tribunal, vested by law with authority for that purpose, that the instrument offered to be proved is the last will and testament of the deceased person whose testamentary act it is alleged to be, and that it has been executed, attested and published as required by law, and that the testator was of sound and disposing mind
• Probate proceeding is a proceeding to establish the validity of the will
• The presentation of the will for probate is mandatory and is a matter of public policy
• Extrinsic validity of the will


  A finding by a trial court that all the formalities of either a holographic or notarial will have been sufficiently complied with, leading to the legal conclusion that the will submitted to probate is authentic and duly executed
• Intrinsic validity of the will


  Whether the order and allocation of successional rights are in accordance with law, or whether an heir has not been disqualified from inheriting from the decedent
• The extrinsic validity of the will, which is the preliminary issue in probate of wills, is governed by the law of the country where the will was executed and presented for probate
• Foreign law, when relevant, must still be proven as a fact by evidence, as Philippine courts do not take judicial notice of foreign laws
• Even if foreign law applies, it does not necessarily mean that the Philippine court loses jurisdiction over the subject matter (probate) and the res, which are the property involved in the proceedings
• Fraudulent intent to not pay the proper filing fees by under declaring the value of the estate cannot be presumed because Rule 76, Sec. 2 requires only a declaration of the probable value and character of the property of the estate in a petition for allowance of a will
• The definitive assessment of value for the purpose of computing the correct amount of docket fees need not be done during the commencement of the proceedings for as long as payment of the full and appropriate amount is done prior to its cessation
• Notification requirements for allowance or disallowance of a will

  Publication in a newspaper of general circulation or the Official Gazette, and personal notice to the designated or known heirs, legatees, and devisees
• The requirement for the publication of the notice of hearing can be attributed to the in rem nature of probate proceedings
• There is no need to republish the notice to indicate the new schedule of hearing if the initial hearing date did not push through
• The use of the word "shall" in Section 4, Rule 76 of the ROC—which directs notice to be given to the heirs—necessarily means that it is mandatory
• Giving personal notice to all heirs is of paramount importance because it is intended to safeguard their right to due process, and the court is duty-bound to ensure compliance with this procedure
• Personal notice under Sec. 4, Rule 76

  Must either be (1) deposited in the post office with the postage thereon prepaid at least 20 days before the hearing or (2) personally served at least 10 days before the day of hearing
• Even if the oppositors to the will are the compulsory heirs or named legatees and devisees, personal notification is not required if their places of residence are unknown. The court may acquire and exercise jurisdiction upon the proper publication of the notice
• The notice of hearing addressed to him was deposited in the post office at least 20 days before June 21, 2017
• Migdonio received a copy of the notice on June 19, 2017 or two (2) days prior to the hearing on June 21, 2017
• The notice served to Migdonio did not satisfy the 10-day period fixed by Sec. 4
• The notice served to Migdonio did not satisfy the requirement provided by Sec. 4
• Personal notification is not required if the oppositors' places of residence are unknown