VENUES AND JURISDICTION FOR SPECIAL PROCEEDINGS
Settlement of the Estate of a Deceased Person
Residence of the decedent If non-resident, place where he had an estate
Escheat
Person dies intestate leaving no heir – Residence of the decedent or if non-resident, place where he had estate Reversion – where land lies in whole or in part Unclaimed Balances Act – where deposits are located Where minor resides Where incompetent resides Where will was allowed or Where the property or portion thereof affected by the trust is situated Domestic – where adopter resides Inter-country Adoption – ICAB or, where adoptee resides if filed with the Family Court Where adoptee resides If filed with RTC, where detainee is detained
Appointment of Guardians Appointment of Trustees
Adoption
Rescission of Adoption Habeas Corpus
Habeas Data
Amparo
Change of Name
Appointment of Representative of Absentee/ Declaration of Absence Cancellation / Correction of Entries in Civil
For the custody of minors, where petitioner resides or where minor may be found Where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected, or stored, at the option of the petitioner Where the threat, act or omission was committed or any of its elements occurred Judicial - where petitioner resides Administrative: (a) Local civil registry where the record sought to be changed is kept (b) Local civil registry of the place of residence of the interested party (only if petitioner migrated to another place in the Philippines and it is impractical to file where records sought to be changed are kept) (c) Philippine consulates only for non-resident citizen Where Absentee resides before his disappearance
Judicial - Where corresponding civil registry is located Administrative - Same as change of name
MTC if gross value of the estate does not exceed P300,000, or does not exceed P400,000 in Metro Manila otherwise, RTC RTC
RTC RTC Family Court RTC RTC
Family Court ICAB or Family Court
Family Court SC, CA, RTC, MTC in the province or city in case there is no RTC judge Sandiganbayan, only in aid of its appellate jurisdiction Family Court, CA, SC
RTC generally If concerning public data files or government offices, SC, CA or Sandigabayan RTC, Sandiganbayan, CA, SC or any justice hereof RTC Local Civil Registry / Philippine Consulate
RTC
RTC Local Civil Registry/ Philippine
Registries Petition for declaration of nullity, annulment, legal separation
Where petitioner or respondent has been residing for at least 6 months prior to the date of filing If non-resident petitioner, where he may be found at the election of the petitioner
MODES OF SETTLEMENT OF ESTATE [HERRERA] (1) Extrajudicial Settlement of Estate [Rule 73, Section 1] (2) Summary Settlement of Estate of Small Value [Rule 74, Section 2] (3) Partition [Rule 69] (4) Probate of Will [Rule 75-79] (5) Petition for Letters of Administration [Rule 79]
Consulate Family Court
