Powerpoint Reviewer Specpro

8/22/2019 Powerpoint Reviewer Specpro

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Leis Reviewer in SpecPro


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What is the Subject Matter of SpecPro?

a. Settlement of Estate Deceased Persons

b. Escheat

c. Guardianship and Custody of Children

d. Trustees

e. Adoption

f. Rescission or Revocation of Adoption

g. Hospitalization of Insane Persons

h. Habeas Corpus

i. Change of Name

j. Voluntary Dissolution of Corporation

k. Judicial Approval of Voluntary Recognition of Minor Natural Children

l. Constitution of Family Home

m. Declaration of Absence and Death

n. Cancellation or correction of entries in the Civil Registry


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What are the differences b/w an ACTION and a

SPECIAL PROCEEDING?

As to PURPOSE

ACTION: To protect or enforce a right/ Prevent or redress a wrong

SPECIAL PROCEEDING: To establish a STATUS, a RIGHT, or a PARTICULAR

FACT

As to MODE OF FILINGACTION: COMPLAINT

SPECIAL PROCEEDING: PETITION

As to PARTIES

ACTION: Definite Parties

SPECIAL PROCEEDING: Definite Petitioner,No definite adverse parties

As to REPLY

ACTION: ANSWER

SPECIAL PROCEEDING: OPPOSITION


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What are the differences b/w an ACTION and a

SPECIAL PROCEEDING?

As to JURISDICTION

ACTION: Court of GENERAL Jurisdiction

SPECIAL PROCEEDING: Court of LIMITED Jurisdiction

As to KIND OF PROCEEDINGACTION: ADVERSARIAL

SPECIAL PROCEEDING: NON-ADVERSARIAL

As to Applicability of PRESCRIPTION

ACTION: Statute of Limitation applies

SPECIAL PROCEEDING: Statute of Limitation does not apply

As to PERIOD FOR APPEAL

ACTION: 15 days

SPECIAL PROCEEDING: 30 days


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Rule 73. VENUE AND PROCESS

Section 1. Where estate of deceased persons settled

GR: Court of First Instance (RTC) of:

a. For Resident citizens:

In the province in w/c he resides @ time of death

b. For Resident Aliens

Any province in which he had estate

X: MTC:

a. Metro Manila < 400k

b. Outside Metro Manila < 300k


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Section 1. Where estate of deceased persons settled

Exclusionary Rule

a. The court first taking cognizance of the settlement shallexercise jurisdiction to the exclusion of all other courts.

b. Such Jurisdiction shall not be contested in a suit or

proceeding except in an APPEAL:i. From that court;

ii. In the original case; or

iii. When the want of jurisdiction appears from the record



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Section 2.

Where is estate sett led upon d isso lut ion of Marr iage?

a. If one of the spouses died:

In the testate/ intestate proceedings of the deceasedspouse

b. If both spouses died:

In the testate/ intestate proceedings ofeitherspouse



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Section 3. Process

What are the val id causes for is suance of a warrant?

a. To compel to attendance of witness

b. To carry into effect the courts orders and judgments,

and all other powers

c. Apprehension and imprisonment of persons who do not

perform a lawful order or judgment by the court



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Section 4. Presumption of DeathWhen may a person be con s idered d ead for pu rposes of success ion?

a. GR:

10 years

b. X: disappeared after age 75

5 yearsWhat abou t for al l purposes?

a. GR:

7 years

b. X: Special cases,

4 years (Civil Code)2 years for the purpose of remarriage(Family Code) if:

i. lost during sea voyage or missing aircraft

ii. Armed forces, during war

iii. In danger of death under other circumstances


Powerpoint Reviewer Specpro

Documents

Transcript of Powerpoint Reviewer Specpro