SPECIAL RULES AND PROCEEDINGS
JD-3C
Course Code : JD 605
Course Title : Special Rules and Proceedings
Course Credit : 3 units
Course Classification : Mandated Core
Course Prerequisite : Basic Succession Law
Class Schedule : Saturdays (1:00 PM – 4:00 PM)
Course Description : A study of Rules 72-109 of the Revised Rules of Court dealing with
the procedural rules on the settlement of estate, will, letters
testamentary and administration, escheats, guardianship,
appointment of trustees, adoption, change of name, cancellation
and correction of entries in the Civil Registry and appeals on
special proceedings and the special rules under the Family Code
on special proceedings. The course similarly surveys important
special rules outside of the rules of court such as those in
environmental and commercial cases. The course also develops
familiarity with relevant legal forms.
Course Outline:
I. Special Proceedings: Definition, Nature, Subject Matter and Applicability of General
Rules [RULE 72]
II. Settlement of Estate of Deceased Persons [RULES 73-90]
III. Escheat [RULE 91]
IV. Guardianship [RULES 92-97; Rule on Guardianship of Minors (A.M. No. 03-02-05-SC,
April 1, 2003)]
V. Trustees [RULE 98]
VI. Adoption [Domestic Administrative Adoption and Alternative Child Care Act (R.A.
No. 11642); Re: Rule on Adoption (A.M. No. 02-6-02-SC, April 19, 2022); Inter-Country
Adoption Act of 1995 (R.A. No. 8043)]
VII. Special Writs
i. Habeas Corpus [RULE 102]
ii. Habeas Corpus in Relation to Custody of Minors [A.M. No. 03-04-04-SC,
April 22, 2003]
iii. Amparo [A.M. No. 07-9-12-SC, September 25, 2007]
iv. Habeas Data [A.M. No. 08-1-16-SC, January 22, 2008]
VIII. Rules of Procedure for Environmental Cases [A.M. No. 09-6-8-SC, April 13, 2010]
i. Writ of Kalikasan
ii. Writ of Continuing Mandamus
IX. Change of Name [RULE 103]
X. Correction of Clerical Errors [R.A. No. 9048]
XI. Cancellation or Correction of Entries in the Civil Registry [RULE 108]
XII. Absentees [RULE 107]
XIII. Appeals in Special Proceedings [RULE 109]
XIV. Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of
Voidable Marriages [A.M. No. 02-11-10-SC, March 4, 2003, as amended January 24,
2023]
XV. Rule on Legal Separation [A.M. No. 02-11-11-SC, March 4, 2003, as amended January
24, 2023]
XVI. Rule on Provisional Orders [A.M. No. 02-11-12-SC, March 4, 2003]
XVII. Special Rules on Alternative Dispute Resolution [A.M. No. 07-11-08-SC, September 1,
2009]
Special Rules and Proceedings: Course Guide
By: Atty. Yahairah D. Guiamla, CPA