Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EXPLANATORY NOTE

‘This bil entitled, “AN ACT ESTABLISHING ESTATE SETTLEMENT COURTS,
GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CASES FOR
SETTLEMENT OF THE ESTATE OF DECEASED PERSONS, AMENDING BATAS PAMBANSA
BILANG 129, AS AMENDED", establishes a focused and specialized court that will take
cognizance of all estate settlement cases, to the exclusion of others. This will not necessarily
involve the creation of a new branch of Regional Trial Court, Rather, the bill establishes the
Estate Settlement Court by designating, as such, an existing branch in every city and province.
Alll estate settlement cases in every city and province shall be concentrated in one (1) Regional
Trial Court branch. This will achieve the needed undivided attention and focused expertise for
the speedy and efficient disposition of estate settlement cases.

Capital in the form of property are tied-up in long winding estate settlement cases. The
bill, as a matter of policy, seeks the immediate release of property to commercial circulation,
making them available for business transaction, with ultimate the view of generating subjects of
taxation and stimulating economic activity.

This bill comes with a parallel initiative, which is the filing of a bill entitled, “AN ACT
GRANTING AMNESTY IN ESTATE TAX", intended to encourage the settlement of estates, by
the grant of amnesty in estate tax.

xs

R, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

ne
HOUSE BILL No._205

Introduced by Honorable Arthur R. Defensor, Jr.

AN ACT ESTABLISHING ESTATE SETTLEMENT COURTS, GRANTING THEM
EXCLUSIVE ORIGINAL JURISDICTION OVER CASES FOR SETTLEMENT OF
ESTATE OF DECEASED PERSONS, AMENDING BATAS PAMBANSA BILANG
129, AS AMENDED.

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Sec. 1. Title. - This Act shall be known as the “Fstate Settlement Courts Act of
2012".

Sec. 2. Declaration of Policies. ~ The State recognizes the need for the speedy
disposition of estate settlement cases, for the immediate release of property to
commercial circulation, making them available for business transaction, with the
ultimate view of generating further subjects of taxation and stimulating economic
activity.

Sec. 3. Establishment of Estate Settlement Courts. - There shall be established, by
way of designation of a Regional Trial Court branch, an Estate Settlement Court, in
every province and city in the country. In case where the city is the capital of the
province, the Estate Settlement Court shall be established in the municipality which has
the highest population.


Sec. 4. Jurisdiction. - The Estate Settlement Courts shall exercise exclusive original
jurisdiction to hear and decide all cases of settlement of estate of deceased persons,
regardless of the gross value of the estate.

Sec. 5. Appeals. - Decisions and orders ofthe Estate Settlement Court shall be
appealed in the same manner as appeals from the ordinary Regional Trial Courts.

Sec. 6. Rules and Regulations. - The Supreme Court shall promulgate the
necessary rules for the transfer of cases to the Estate Settlement Courts during the
transition period, and for the effective implementation of this Act.

Sec. 7. Repealing Clause. ~ All other laws inconsistent herewith are hereby
repealed, amended or modified accordingly.

Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved.