Professional Documents
Culture Documents
What is the difference between Specpro, ordinary civil action, summary procedure?
Ordinary civil action: Rule 1, section 3 (a): civil action may be ordinary or special.
Summary procedure:
NOTE: there are some special proceedings that are to be filed in FAMILY COURTS/REGIONAL TRIAL COURT
SETTLEMENT OF ESTATES
Rule 86
In what courts should the estate of a deceased be settled?
It depends on:
Jurisdiction – consider the gross value of the estate [exceeds 300k/400k depends if outside/inside Manila RTC] if less
than that, MTC (if in Manila, MetroTC)
Venue: Consideration is his residence, residence not domicile!! Physical habitation at the time of his death
If the decedent is a non-resident file in the court having jurisdiction where any of his property can be found
NOTE: the court first taking cognizance excludes all other courts otherwise there will severable proceedings