a. Summary Settlement (Rule 74)

Absence and Declaration of Presumptive Death

If the absentee appears, or without appearing his existence is proved, he may recover the balance of his estate by motion in the same proceeding, subject to the following conditions:

• All his debts must have been paid (R73, S4);
• He shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith;
• But he cannot claim either fruits of rents. (Art. 392, NCC).

The declaration of presumptive death of a person under Article 41 of the Family Code is a summary proceeding and not a special proceeding. (Republic of the Philippines v. Jomoc, G.R. No. 163604, 2005)

Summary Settlement of Estates, in general.

General Rule: Estate settlement should be judicially administered through an administrator/executor.

Distinguish extrajudicial settlement and summary settlement.

Extrajudicial settlement by agreement by sole heirs when allowed

Rules on Applicability of Prescriptive Period.

General Rule: The period is two years from settlement of the estate (Rule 74, Sec. 4)

This two-year period applies:

• To persons who have participated or taken part or had notice of the extrajudicial partition; and
• When the provisions of Section 1 of Rule 74 have been strictly complied with, i.e., that all the persons or heirs of the decedent have taken part in the extrajudicial settlement or are represented by themselves or through guardians. (Maria Pedrosa v. Court of Appeals, G.R. No. 118680, March 5, 2001)

Special Period for Certain Individuals

If, when the two-year period expires, a creditor or heir is a minor, incapacitated, imprisoned, or outside the Philippines, the creditor or heir may present a claim within one year after the disability is removed (Rule 74, Sec. 5).

Claim Against the Bond or Real Estate or Both (R74, S4)

If there is an undue deprivation of lawful participation in the estate, the existence of debts against the estate or undue deprivation of lawful participation payable in money.

The RULE ON SUMMARY PROCEDURE shall apply to the following:

• Forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not exceed P100,000
• All civil actions, except probate proceedings, admiralty, and maritime actions, where the total amount of the plaintiff’s claim does not exceed P2,000,000, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs
• Complaints for damages where the claim does not exceed P2,000,000, exclusive of interest and costs
• Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim exceeds P1,000,000, provided that no execution has been enforced by the barangay within 6 months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Charter VII of RA No. 7160
• Cases solely for the revival of judgment of any MeTC, MTCC, MTC, MCTC, pursuance to Rule 39, Section 6 of ROC
• The civil aspect of a violation of BP 22, if no criminal action has been instituted therefor. (A.M. No. 08-8-7-SC)

Effects if Notice Not Published

A settlement proceeding may be annulled if the notice is not published in accordance with Section 3.