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Understanding Special Proceedings in Law

Special proceedings are a remedy to establish a status, right, or fact through a petition, rather than an adversarial civil action. Special proceedings are non-adversarial, except when there are oppositors to the petition. The jurisdiction of regional trial courts in probate matters is limited to settling estates and probating wills, and does not extend to determining ownership questions unless all heirs agree or the purpose is to include properties in an inventory prima facie. Exceptions to extrajudicial or summary estate settlement include when there is a good reason for judicial administration.

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11 views1 page

Understanding Special Proceedings in Law

Special proceedings are a remedy to establish a status, right, or fact through a petition, rather than an adversarial civil action. Special proceedings are non-adversarial, except when there are oppositors to the petition. The jurisdiction of regional trial courts in probate matters is limited to settling estates and probating wills, and does not extend to determining ownership questions unless all heirs agree or the purpose is to include properties in an inventory prima facie. Exceptions to extrajudicial or summary estate settlement include when there is a good reason for judicial administration.

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MaLizaCainap
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REMEDIAL LAW REVIEW 2

SPECIAL PROCEEDINGS

I. DEFINITION

Special Proceedings – A remedy by which a party seeks to establish a Status, a Right or a Particular fact. It is
a petition for a declaration of a status, right or fact.
- Non-adversarial in nature, because there is no definite adverse party in such proceedings except
when there are oppositors to the petition

II. DISTINGUISHED FROM CIVIL ACTIONS

CASES:

1. JESUSA DUJALI BUOT, PETITIONER, -versus- ROQUE RASAY DUJALI, RESPONDENT.


G.R. No. 199885, FIRST DIVISION, October 02, 2017, JARDELEZA, J.

When a person dies intestate, his or her estate may generally be subject to judicial administration proceedings. The
exception is when there already has been (1) extrajudicial settlement and (2) summary settlement of an estate of small
value. Exception to the Exception: When there is a “good and compelling” reason to still institute judicial administration
proceedings.

2. GILDA JARDELEZA, (DECEASED), SUBSTITUTED BY HER HEIRS, NAMELY: ERNESTO JARDELEZA, JR., TEODORO
MARIA JARDELEZA, ROLANDO L. JARDELEZA, MA. GLENDA JARDELEZA-UY, AND MELECIO GIL JARDELEZA,
PETITIONERS, -versus- SPOUSES MELECIO AND ELIZABETH JARDELEZA, JMB TRADERS, INC., AND TEODORO
JARDELEZA, RESPONDENTS.
G.R. No. 167975, FIRST DIVISION, June 17, 2015, BERSAMIN, J.

Jurisdiction of RTC as a probate court relates only to matters on settlement of estate and probate of will of a
deceased person and does not extend to the determination of a question of ownership that arises during the
proceedings. This is true whether or not the property is alleged to belong to the estate unless the claimants to the
property are all heirs of the deceased and they agreed to submit the question for determination by the probate or
administration court and the interests of third parties are not prejudiced or unless the purpose is to determine whether
or not certain properties should be included in the inventory in which case the probate or administration court may
decide prima facie the ownership of the property, but such determination is not final and is without prejudice to the
right of interested parties to ventilate the question of ownership in a proper action.

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