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    Special Proceedings: 1. Explain The Difference Between Action and Special Proceeding

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    Nikko Sterling
    The document contains 10 multiple choice questions about special proceedings in the Philippines. Specifically, it covers topics like the difference between actions and special proceedings, jurisdiction over estate settlement, ownership issues arising during probate, settling an estate with no will or debts, extrajudicial settlement by heirs, escheat, guardianship, and writs of habeas corpus.

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    Special Proceedings: 1. Explain The Difference Between Action and Special Proceeding

    Uploaded by

    Nikko Sterling
    48 views2 pages
    The document contains 10 multiple choice questions about special proceedings in the Philippines. Specifically, it covers topics like the difference between actions and special proceedings, jurisdiction over estate settlement, ownership issues arising during probate, settling an estate with no will or debts, extrajudicial settlement by heirs, escheat, guardianship, and writs of habeas corpus.

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    Special Proceeding

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    The document contains 10 multiple choice questions about special proceedings in the Philippines. Specifically, it covers topics like the difference between actions and special proceedings, jurisdiction over estate settlement, ownership issues arising during probate, settling an estate with no will or debts, extrajudicial settlement by heirs, escheat, guardianship, and writs of habeas corpus.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    48 views2 pages

    Special Proceedings: 1. Explain The Difference Between Action and Special Proceeding

    Uploaded by

    Nikko Sterling
    The document contains 10 multiple choice questions about special proceedings in the Philippines. Specifically, it covers topics like the difference between actions and special proceedings, jurisdiction over estate settlement, ownership issues arising during probate, settling an estate with no will or debts, extrajudicial settlement by heirs, escheat, guardianship, and writs of habeas corpus.

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    © All Rights Reserved
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    SPECIAL PROCEEDINGS

    FINAL EXAM

    1. Explain the difference between action and special proceeding. (10)


    2. What court has jurisdiction over the settlement of the estate of the deceased?
    Explain. (5)
    3. May the probate court decide an issue of ownership which arose during the
    proceeding? Why or why not? (10)
    4. How may the estate of the decedent who left no will and no debts be settled?
    (10)
    5. How is extrajudicial settlement proceeded by heirs and how is it proceeded by a
    sole heir? (10)
    6. What is an escheat? Explain its nature and purpose. (10)
    7. May the proceedings in escheat be converted into settlement of estate? Why or
    why not? (10)
    8. What is guardianship? Explain its nature and purpose. (10)
    9. What is a writ of habeas Corpus? Explain its nature and purpose. (10)
    10. XXX has been granted temporary release. Is his petition for a writ of habeas
    corpus rendered moot and academic? Explain. (15)

    1. Explain the difference between action and special proceeding.

    There is a marked distinction between an action: and special proceeding. An action is


    a formal demand of ones right in a court of justice in the manner prescribed by the court
    or by the law. It is the method of applying legal remedies according to definite
    established rules. The term special proceeding may be defined as an application for
    proceeding to establish the status or right of a party or a particular fact. Usually in
    special proceedings, no formal pleadings are required, unless the statute expressly so
    provides. In special proceedings, the remedy is granted generally upon an application or
    motions.
    Where a party litigant seeks to recover property from another, his remedy is to file an
    action. Where his purpose is to seek appointment of a guardian for an insane, his
    remedy is a special proceeding to establish the fact or status of insanity calling for an
    appointment of guardianship.

    2. What court has jurisdiction over the settlement of the estate of the
    deceased? Explain.

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