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Showing 1–7 of 7 articles for “special proceeding”

Heirship in Property Disputes: Can Ordinary Civil Actions Decide Inheritance?

The Supreme Court clarifies when heirship can be resolved in an ordinary civil action, not just special proceedings, for property disputes.

Navigating Appeals in Estate Proceedings: The Necessity of a Record on Appeal

Philippine Supreme Court clarifies that appeals in special proceedings require both a notice of appeal and record on appeal within 30 days.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions

Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.

Declaration of Presumptive Death: A Summary Proceeding, Not a Special Proceeding

Supreme Court clarifies that a petition to declare a spouse presumptively dead under the Family Code is a summary proceeding, not a special proceeding requiring a record on appeal.

Family Compromise Rule Does Not Apply to Estate Settlement Proceedings

Supreme Court clarifies that Article 222's family compromise requirement applies only to ordinary civil actions, not special proceedings like estate settlement.

Heirship First, Claim Later: Proving You're an Heir Before Filing Property Disputes in the Philippines

Philippine Supreme Court ruling on why heirs must first be declared in special proceedings before filing property reconveyance cases.