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Venue and Jurisdiction of Special Proceedings

This document outlines 12 special proceedings and lists the venue and jurisdiction for each. Venue is typically where the petitioner resides or where relevant property is located. Jurisdiction is usually a Regional Trial Court, except for smaller estates which go to a Metropolitan Trial Court and habeas corpus petitions which can go to higher courts. Family Courts handle cases involving minors like adoption and guardianship.

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Joni Puray
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58 views2 pages

Venue and Jurisdiction of Special Proceedings

This document outlines 12 special proceedings and lists the venue and jurisdiction for each. Venue is typically where the petitioner resides or where relevant property is located. Jurisdiction is usually a Regional Trial Court, except for smaller estates which go to a Metropolitan Trial Court and habeas corpus petitions which can go to higher courts. Family Courts handle cases involving minors like adoption and guardianship.

Uploaded by

Joni Puray
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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VENUE AND JURISDICTION OF SPECIAL PROCEEDINGS

SPECIAL PROCEEDING VENUE JURISDICTION

1. Settlement of the Estate Resident of the Decedent or MTC if the gross value of the
if the decedent is a non- estate does not exceed P200,000,
resident, place where he or P400,000 in Metro Manila
had an estate
RTC if the gross value of the
estate exceeds the above amounts

2. Escheat a. Person dies intestate


leaving no heir – Resident of
the decedent or if non- RTC
resident, in the place where
he had an estate.

b. Reversion – Where the RTC


land lies in whole or in part

c. Unclaimed Balance – RTC


Where the dormant deposits
are located

5. Appointment of Where the minor or Family Court (in case of Minors)


Guardians incompetent resides RTC (Regular courts—in cases
other than minors)

Where the will was allowed


6. Appointment of or where the property or RTC
Trustees portion thereof affected by
the trust is situated

7. Adoption Where the adopter resides Family Court

8. Rescission of Adoption Where the adoptee resides Family Court

9. Habeas Corpus Where the detainee is SC, CA, RTC, MTC in the province
detained (if the petition is or city in case there is no RTC
filed with the RTC) judge

10. Change of Name Where petitioner resides RTC

11. Appointment of Where the absentee resided


Representative of before his disappearance RTC
Absentee/Declaration of
Absence

12. Cancellation/Correction Where the corresponding RTC


of Entries in the Civil Civil Registry is located
Registries

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