8/8/2019 Special Proceedings Summary

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Special Proceedings SummaryAction Where filed Venue By whom filed Period of Filing What to File

Settlement of estate of deceasedpersons

RTC

Resident where heresidedNon-res where property islocated

Heir or any interested persons (e.g.creditors)

If there is will, 20 daysafter death

Petition for Issuance ofletters of administration ortestamentary

Escheat RTC

Resident where heresidedNon-res where property islocated

Solicitor General Upon death Petition for Escheat

Guardianship and custody ofchildren

RTC Where the minor residesAny relative, friend, or other personon behalf of a resident minor orincompetent

Petition for the appointmentof a general guardian

Trustees RTCWhere the will was allowed;If not, where the property islocated

Any interested personPetition for the appointmentof a Trustee

Adoption RTCWhere the petitionerresides

Any person qualified to adopt Petition for Adoption

Rescission and revocation ofadoption

RTCWhere the petitionerresides

Person adopted or his guardian; orthe adopter

Petition for the Rescissionand Revocation of Adoption

Hospitalization of insane persons RTCWhere in insane person isfound

Any interested personPetition for the commitmentof a person to a hospital

Habeas corpusRTC, CA,SC

The person detained, or any otherperson acting in his behalf

Petition for the issuance of awrit of Habeas Corpus

Change of name RTC Where petitioner resides Party desiring to change name Petition for Change of Name

Voluntary dissolution ofcorporations

RTCWhere the principal of corpis located

Majority of BOD verified by Corp Secor President

Petition for VoluntaryDissolution

Judicial approval of voluntaryrecognition of minor natural children

RTC Where the child resides The child or his parents

Judicial Approval ofVoluntary Recognition ofMinor Natural Children

Constitution of family home RTC Where property is located Head of FamilyPetition for Constitution ofFamily Home

Declaration of absence and death RTCWhere absentee lastresided beforedisappearance

Spouse, heirs, relative who succeedto property, other whose propertyrights are subordinated by rights ofthe absentee

2 years from lastappearance; or5 years if he leftadministrator

Petition for Declaration ofAbsence

Cancellation or correction of entriesin the civil registry

RTCPlace of office of theregistrar

Party seeking the correctionPetition for Correction ofEntry in the Civil Registry