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.