Special Proceedings and Remedial Law Review Notes Under Atty Ferdinand Tan CONSOLIDATED NOTES in SPECIAL PROCEEDINGS

Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan CONSOLIDATED NOTES in
SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
SPECIAL PROCEEDINGS NOTES
Preminary Considerations
Special Proceedings
-Defined by R1 S4 as a remedy by which a party seeks to establish a status, a right, or a particular fact
-
1970 Bar: Distinguish Special Proceedings from Criminal Procedure and Ordinary Civil Action
Special Criminal Ordinary
Proceedings Procedure Civil Action
A remedy by The State A party sues
which a party prosecutes a another for
seeks to person for an the
establish a act or enforcement
status, a right, omission or protection
or a particular punishable by of a right, or
fact law the prevention
or redress of a
A proceeding wrong
wherein a
person is
prosecuted by
the State for
acts or
omissions
committed in
violation of
penal laws,
and to impose
the
corresponding
penalty
provided for
by penal laws
Governed by Governed by Governed by
special rules, the Revised the rules for
and in the Rules of ordinary civil
absence of Criminal actions
special Procedure
provisions,
the rules
provided for
in ordinary
actions shall
be, as far as
practicable,
apply
suppletory
May involve Involves the Involves 2 or
only one party State against more parties

the
accused
Initiated by Initiated by Initiated by
petition complaint (but complaint
filed in court
by
Information)
Except Based on an Based on a
Habeas act or cause of
Corpus, NOT omission action
based on a punishable by
cause of law
action

Sources of Special Proceedings:
-R72-109
-1987 Constitution
-RA7160 Katarungang Pambarangay Law
-BP 129 or the Judiciary Reorganization Act of 1980
-RA 7691 or An Act Expanding the Jurisdiction of the MTC (particularly those with respect to gross estate
of the deceased)
-A8 S5 P5, 1985 Constitution
-Administrative Circulars issued by SC
o AM 3-2-5- Guardianship of Minors
o AM 3-4-4- Custody of Minors/HC
o AM 8-1-16- Habeas Data
oAM 7-9-12- Amparo
-RA 9048 or Correction of Entries in the Civil Registry
-RA 8042
-Jurisprudence
-RA 9262
CONSTITUTIONAL PROVISIONS RELATING TO
SPECIAL PROCEEDINGS
A3 S1

SPECIAL PROCEEDINGS
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person
be denied the equal protection of the laws.
A8 S1
Judicial Power shall be vested in 1 Supreme Court and in all other courts as may be established by law.
Judicial Power includes the duty of the courts to settle actual controversies involving rights which are
legally demandable or enforceable, and to determine whether or not there is grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.
A8 S5 P5
The Supreme Court shall promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the IBP, and
legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi judicial
bodies shall remain effective unless disapproved by the Supreme Court.
A6 S30
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
A7 S18 P3
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision within 30 days from its filing.
A8 S2
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various
courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5
thereof
No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its
members.
A8 S5
The Supreme Court shall have the following powers:
1.exercise original jurisdiction over cases affecting ambassadors, public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus
2.review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the rules of court may
provide, final judgments and orders of lower courts in:
a.all cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question

SPECIAL PROCEEDINGS
b.all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto
c.All cases in which the jurisdiction of the lower court is in issue
d.All criminal cases in which the penalty involved is reclusion perpetua or higher
e.All cases in which only an error or question of law is involved
(Others) :
A2 S11
The state values the dignity of every human person and guarantees full respect for human rights.
A2 S12
The state recognizes the sanctity of the family and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of the unborn
from conception. The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and moral character shall receive the support of the government.
(A3 S13
All persons, except those charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required. [?])
A3 S15
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
or when public safety requires it.
A15 S1
The state recognizes the Filipino Family as the foundation of the nation. Accordingly, it shall strengthen
its solidarity and actively promote its total development.
A15 S2
Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the
State.
A15 S3
The State shall defend:
1.the rights of spouses to found a family in accordance with their religious convictions and the demand
of responsible parenthood
2.rights of children to assistance including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.

SPECIAL PROCEEDINGS
A15 S4
The family has the duty to care for its elderly members but the state may also do so through just
program of social security.
What are the special proceedings?
R72 S1- SEGTARHHCVJCDC
1.Settlement of estate of deceased persons
2.Escheat
3.Guardianship and custody of minors
4.Trustees
5.Adoption
6.Rescission and revocation of adoption
7.Hospitalization of insane persons
8.Habeas corpus
9.Change of name
10.Voluntary dissolution of corporations
11.Judicial approval of voluntary recognition of minor natural children
12.Constitution of the family home
13.Declaration of absence and death
14.Cancellation of correction of entries in the civil registry
EXCLUSIVE?! NO!!!
Certain proceedings not mentioned are considered as special proceedings, such as:
1.Declaration of presumptive death
2.Annulment / nullity of marriage
3.Naturalization proceedings
4.Liquidation proceedings
5.Corporate rehabilitation
6.Recognition and enforcement of arbitration proceedings
7.Vacation, setting aside, correction or modification of an arbitral award
8.Any application with a court for arbitration assistance and supervision
9.Writ of amparo
10.Writ of habeas data
11.Correction of clerical errors
12.Proceeding allowing illegitimate children to use the surname of their father
13.Declaration of nullity or annulment of marriage
14.Declaration of legal separation
15.Commitment of children
Why?
Because these are proceedings tending to establish a status, a right, or a particular fact
Nature of Special Proceedings:
IN REM!
-Binding upon the whole world
oNote that most special proceedings require publication
Note further that Special Proceedings are not Special Civil Actions, though both are governed by own
rules
Special Proceedings are governed by own rules, EXCEPT:
-When there are no applicable provisions in
the rules, rules on Civil Procedure / Ordinary Civil Actions apply only in a suppletory character
What rule governs special proceedings?
Rule 72-109, Rules of Court
Exception:
R72 S2
In the absence of special provisions, the rules provided for in ordinary civil actions shall be, as far as
practicable, applicable in special proceedings

SPECIAL PROCEEDINGS
(aka Rules on Ordinary Civil Actions apply suppletorily to Special Proceedings)
-Special Proceedings has its own rules, if there are no applicable provisions, apply Rules on Ordinary Civil
Actions
What are those specific provisions in Civil Procedure which also apply to special proceedings?
1.Rule 4- Rules on Venue
Can the RTC-Manila entertain petition for probate of the will if the deceased died in Quezon City?
YES!!! Because the rules on venue can be waived. Failure to object to improper venue is tantamount to
waiver.
(Special Proceedings in relation to Rule 4)
2.Rule 7 S1- Parts of a Pleading
Note that all of special proceedings are commenced by way of petition
A petition is a pleading
Hence, the need to comply with Sections 4 and 5 of Rule 7
-Verification
-Certification against non forum shopping
Basis: Rule 72 S2
3.Rule 16- Motion to Dismiss
YES!
Basis: Rule 72 S2
4.R33- Demurrer to Evidence
Settlement of Estate of the Deceased, being adversarial in character, is demurrer to evidence allowed?
YES!!!
Basis: Rule 72 S2, the rules on civil procedure apply to special proceedings in a suppletory character.
Jurisdiction
-Power or authority of the court to hear, decide a case, and implement its decisions
IF the court has no jurisdiction over special proceedings,
-Motion to dismiss can be filed for lack of jurisdiction over the subject matter
o Note, however, that the dismissal is without prejudice
What then will be your remedy?
Refile the petition, as provided for in Rule 16
Can the court dismiss the petition motu proprio for lack of certification against forum shopping?
NO!!!
A motion to that effect needs to be filed, for failure to comply with condition precedent
(S)
SETTLEMENT OF THE ESTATE OF THE DECEASED (RULE 73-90)
What is ESTATE?
An estate is an artificial being created by operation of law which will undertake distribution of
properties left by the deceased.

SPECIAL PROCEEDINGS
-Distribution, disposition, management of properties left by deceased
-Being a juridical being, it can sue and be sued
o Juridical being with entity separate and distinct from the decedent
RA7160- Barangay Conciliation Law / Katarungang
Pambarangay
For purposes of settlement of estate of the deceased, there is no need to refer the case to the
Katarungang Barangay first! (vda de Borromeo vs Pogoy)
Juridical persons such as estate are not covered by Barangay Conciliation proceedings.
NOTE: Trusteeship and Guardianship does not need to pass Barangay
SETTLEMENT OF ESTATE OF THE DECEASED
Definition:
Settlement of Estate of the Deceased is a conciliation proceeding where the property of the deceased
would be distributed to the provisions of
law or the will of the .
Personal and Real- Totality of Estate of Deceased (GROSS VALUE- value before deductions)
Jurisdiction (BP129 RA7691): Depends upon the gross value of the estate of the deceasedvalueof the
estate prior to deductions of debts, etc
If the gross value of the estate of the deceased exceeds 300k OMM or 400k MM, RTC has jurisdiction
If the gross value of estate of the deceased does not exceed 300k OMM or 400k MM, MTC / MuTC /
MCTC, MuTC in Cities has jurisdiction
1997 Bar: The gross estate of the deceased is 200k, the property is in Pampanga. Determine the
jurisdiction and the venue.
Because the gross value of the estate of the deceased does not exceed 300k OMM, MTC has jurisdiction
(Basis: BP 129 as amended by RA 7691)
Note however, that when it comes to venue, the question is misleading (Property located in Pampanga).
To answer the question, here goes: As to venue, my answer would depend on whether the decedent is a
resident or non-resident of the Philippines. If the decedent is a resident of the Philippines, whether a
citizen or an alien, the venue shall be the last actual residence of decedent. If the decedent is a non-
resident, venue shall be the place where the estate / property is located. Hence, in the case at bar, if
decedent is a resident, the venue shall be the actual residence of the deceased (pwede Pampanga,
pwede hindi, depende sa facts), but if a non- resident, then Pampanga is the proper venue because that
is where his estate is located.
If filed in the court not with jurisdiction, file motion to dismiss on the ground of lack of jurisdiction over
the subject matter
Venue:
R73 S1
If the decedent is:
-an inhabitant of the Philippines at the time of his death,
o whether a citizen or an alien,

SPECIAL PROCEEDINGS
his will shall be proved,
or letters of administration granted,
and his estate settled,
in the COURT in the province in which he resides at the time of his death,
and if he is an inhabitant of a foreign country,
-the court of any province in which he had estate.
NOTE: Venue is WAIVABLE
Modes of Settlement of Estate of the deceased:
1.JUDICIAL or EXTRAJUDICIAL
-Judicial- with court intervention
-Extrajudicial- without court intervention
2.PROBATE or NON PROBATE
-Probate- there is a need to prove the will, judicially (or administratively)?
-No need to prove will / intestate testate succession
Kinds of Settlement of Estate of the Deceased:
A. Adjudication of Sole Heirship (R74 S1)
-Extrajudicial settlement, non-probate
-Adjudicated unto himself the entire estate
Requirements:
a.No will / intestate
b.No outstanding debts
c.One surviving heir / sole heir
d.Affidavit of adjudication of sole heirship filed in Office of Register of Deeds
e.File bond equivalent to the value of personal property or lien in favour of creditors in case of real
property
f.Publication in a newspaper of general circulation once a week for 3 consecutive weeks
Note: In the 2006 Bar Examinations, in legal forms and practical exercises, this question was asked:
Prepare a Draft of Adjudication of Sole Heirship
To answer, follow the contents of Rule 74, in a PUBLIC INSTRUMENT
What is a NEWSPAPER OF GENERAL CIRCULATION?
(Basa vs Mercado)
1.Made within the Courts Jurisdiction
2.Published at regular intervals for determination of news and general information
3.with bona fide subscription list of paying subscribers
4.not devoted to the interest of a particular class
Once a week for 3 consecutive weeks- NOT NECESSARILY 21 days, rather, it is once a week, 3 weeks
consecutively- THIS IS WHAT CONFERS JURISDICTION UPON THE COURT
Remedies of those aggrieved by extrajudicial settlement:
-within 2 years, file a claim against the bond or the real estate
-rescission in case of preterition of compulsory heir tainted with Bad Faith
-reconveyance of real property
-action to annul deed of EJ settlement on the ground of fraud

SPECIAL PROCEEDINGS
-reconveyance based on implied or constructive trust
-ordinary action against distributees, but not against the bond
When there are 2 or more Heirs,
B.Extrajudicial Settlement of Estate of the Deceased (R74 S1)
Done by means of CONTRACT between the surviving heirs
EXTRAJUDICIAL SETTLEMENT OF ESTATE OF THE
DECEASED
Know all men by these presents:
-----------------------------
-----------------------------
Property:
No.............
S1 to S4 R74
-2 years for those unduly deprived of the estate to file...
-Minors represented by Guardian ad litem for purposes of distribution
o Subject to Rule 74 S4, after settlement and distribution
Requirements: (R74 S1)
a.Decedent died intestate
b.No outstanding debts
c.Heirs are all of age, or if minors, are properly represented
d.Public instrument (notarized contract)
e.Registration with registry of deeds where property is located
f.Publication once a week for 3 consecutive weeks in a newspaper of general circulation
g.Bond in case of personal property left by decedent who will answer for claim of those unduly deprived
h.Registration of said affidavit of agreement
Protections accorded to those unduly deprived:
a.Publication
b.Bond- can go after it
c.File petition for surrender of your share as far as estate of deceased is concerned
C.Settlement of Estate of the Deceased of Small Value
a.Gross value of estate of the deceased does not exceed 10k
b.Summary judicial adjudication
c.Applies to testate or intestate
d.Available even if there are debts
e.Filed by petition containing allegations of gross value of estate upon hearing not less than 1 months
nor higher than 3 months from the date of last publication or notice
f.Publication in a newspaper of general circulation once a week for 3 consecutive weeks
g.Notice to interested persons
h.Filing of a bond in an amount fixed by court
i.Court order is recorded in the Office of the Clerk of court
j.Order of partition or award is recorded in the proper Registry Office
Before, filed with RTC of last residence
But NOW, due to amendments brought by RA 7691, jurisdiction is now with MTC- PURSUANT to the
RULE ON SMALL CLAIMS (Summary)
Publication- 5k

SPECIAL PROCEEDINGS
Lawyer- 5k
Appearance fee- 2k
-Parang kulang pa?!
Liabilities of Distributees of Estate (Rule 74 S4)
-Heir or other person unduly deprived of lawful participation in the estate
-Outstanding debts which have not been paid
-Heir or other person is unlawfully deprived of lawful participation payable in money
Properties subject to settlement of estate of the deceased:
REAL AND PERSONAL PROPERTY
-Real property- A415, NCC
-Personal property- A416-417, NCC
o Movables
o Credits
o Bonds
o Deposits
Settlement of Estate of the Deceased
1.Probate of the will- with will
-With necessity of proving, imprescriptible
2.Intestate Estate Proceedings- without will
Jurisdiction- depends on the gross value of the estate of the deceased
Exceeds 300k OMM 400k MM- RTC
Does not exceed 300k OMM 400k MM- MTC
Venue- last residence of decedent, or if a non resident, then where estate may be found
Last Residence- actual residence
-Kung san permanent
-No 2 residences at the same time
Nature of Probate Proceedings:
a.IN REM- binds whole world, publication as a requirement
Why the need to probate will?
-For reasons of public policy
oR75 S1, stating that no will shall pass either real or personal property unless it is proved and allowed in
the proper court
IF you divide a property outside of probate proceedings, and there is a will, the division is VOID
b.Imprescriptible
In case of intestate estate proceedings, partition, basta kapag may lumabas na nag-iwan pala ng last will
and testament ang decedent, then the probate proceedings shall prevail, and the former shall be held in
abeyance
What is a WILL?
-Formal written disposition of a person allowing for the distribution of his properties and rights
according to his intention, to take effect after his death
Understand the concept in relation to the following:
-Declaratory relief
-Parol evidence rule

SPECIAL PROCEEDINGS
oIncludes WILLS- the will itself only is the one available, no modification as far as real estate is
concerned
Probate of a will
2 kinds of Will
1.Notarial Will
2.Holographic Will
Obligation of executor to deliver the same 20 days after such death
If he refuses, administrator with a will annexed shall be appointed
(NOTE: NCC provisions)
Hence, failure to comply with NCC requirement is a ground for disallowance of a will
Example: when executed and attested not in conformity of the requisites provided for by law
PROCEDURAL REQUIREMENTS:
I.Custodian to deliver the will to the court within 20 days after knowing of testators death (75 2)
II.20 days after knowledge of death or knowledge of being named executor, executor to present will to
the court having jurisdiction (75 3)
III.Petition for allowance filed (76 1) see below, WHO MAY FILE
IV.
Contents of Petition:
(76 2)
-Jurisdictional facts
-Names, ages, residents of heirs, devisees, legatees
-Probative value and character of the estate
-Name of the person for whom letters are prayed
-Name of the person having custody of the will if not yet delivered to the court
V.Court to fix time and place for proving the will
VI. Notice to be published 3 weeks
successively (76 3)
VII.
Notice for time and place for
proving

the will to heirs, legatees, devisees
of

testator, executor if not the
petitioner,

co executors not petitioning 20
days

before hearing by mail or 10 days
by
personal service
VIII. Prove Due execution of the Will
-The will was executed in compliance with formalities
-Testator was of sound and disposing mind at the time of making the will
-No vitiation of consent by duress, fear, threats
-Not procured by undue and improper influence or pressure on the part of the beneficiary or of some
other person for his benefit
-Signature of testator is genuine, not procured by fraud or trick, testator

SPECIAL PROCEEDINGS

intended that what he signed is his last
will
and testatement
IX. Hearing under the following rules: (see:
Rule 76)
Uncontested notarial will
-At least one subscribing witness to testify that the will is executed as required by law
The testimony of at least 1 subscribing witness only if such witness testifies that the will is executed as is
required by law
when none of the subscribing witnesses resides in the province but the deposition of one or more of
them can be taken elsewhere, the court may, on motion, direct it to be taken, and may authorize a
photographic copy of the will to be made and to be presented to the witnesses on his examination, who
may be asked the same questions with respect to it, and to the handwriting of the testator and others,
as would be pertinent and competent if the original will were present
-Outside province, deposition (R76 S7)
if the subscribing witnesses are dead, insane, or none of them resides in the Philippines, the court may
admit the testimony of other witnesses to prove the sanity of the testator and the due execution of the
will. And as evidence of execution of the will, it may admit proof of the handwriting of the testator and
of the subscribing witnesses or of any of them
-Dead, etc, other witnesses can testify (R76 S8)
Uncontested holographic will
-1 subscribing witness who knows the handwriting and signature of testator
-If none, expert testimony may be taken
at least 1 witness who knows the handwriting and signature of the testator explicitly declare that the
signature and the will are in the testators handwriting
in the absence of such witness, and if the court deems necessary, expert witness may be resorted to
Contested notarial will
-All subscribing witnesses plus notary public
-If absent, sufficiently show as far by testimony
-If all are dead, etc, other witness or expert witness may be availed or presented (Expert witness as
exception to opinion Rule under Rule 130)
all subscribing witnesses and the notary public, if present in the Philippines and not insane, must be
produced and examined, and the death, absence, or insanity of any one of them must be shown to the
court
if all or some of the witnesses are present in the Philippines but outside the province where the will has
been filed, their deposition must be taken
if any or all of the witnesses testify against the due execution of the will or do not remember having
attested to it, or are of doubtful credibility, the will may be allowed if the court is satisfied from the
testimony of other witnesses and all the evidence presented that the will was executed and attested in
the manner required by law
Contested holographic will
-3 witnesses who knows the handwriting and signature of testator
o IMPT: prove signature- or else, ground for disallowance of a will
-If none, expert testimony may be taken
Hence, pag 2 lang, e di petition denied!
allowed if at least 3 witnesses who know the handwriting of the testator explicitly declare that the will
and the signature are in the handwriting of the testator

SPECIAL PROCEEDINGS
in the absence of any competent witness, and if the court deems it necessary, expert testimony may be
resorted to
Notarial Will
-With attestation clause
oNon compliance therewith, patay ka... may problema ka sa petition
Who may file petition for probate of a will?
1.Testator himself (in case of ante mortem probate)
2.Executor
3.Devisee
4.Legatee
5.Any person interested in a will
6.Any creditor
Filed before MTC or RTC
IF testator is the one who filed, what is the quantum of proof required?
-Testimony niya?
o Pwede
If a will is probated, it is valid as far as due execution is concerned.
Once a decision is made, it is conclusive, and can no longer be questioned
What are the powers of the probate court?
1.Distribute shares
2.Determine who are the legal heirs
3.Issue warrants and processes to secure attendance of witnesses
4.Determine and rule upon issues relating to settlement of the estate, such as administration,
liquidation, and distribution of the estate
5.Determine the following:
a.Who are the heirs of decedent
b.Recognition of a natural child
c.Validity of disinheritance effected by testator
d.Status of a woman who claims to be the lawful wife of decedent
e.Validity of waiver of hereditary heirs
f.Status of each heir
g.Whatever property in the inventory is conjugal or exclusive property of deceased spouse
h.Matters incidental or collateral to the settlement and distribution of the estate
As a general rule, the probate court has no power to determine issues of ownership, except: (non
conclusive/Disputable Presumption under Rule 131)
a.For including property in inventory without prejudice to final determination in a separate action
b.When all parties are heirs and they submit issue of ownership to the probate court provided that the
rights of the parties are not prejudiced
c.Question is one of collation or advancement
d.When the parties consent to assumption of jurisdiction by the probate court and the rights of third
parties are not impaired
To Determine the following questions:
a.Who are the heirs of decedent
b.Recognition of a natural child

SPECIAL PROCEEDINGS
c.Validity of disinheritance effected by testator
d.Status of a woman who claims to be the lawful wife of decedent
e.Validity of waiver of hereditary heirs
f.Status of each heir
g.Whatever property in the inventory is conjugal or exclusive property of deceased spouse
h.Matters incidental or collateral to the settlement and distribution of the estate
Grounds for disallowance of a will (important: lumalabas sa Bar):
Rule 76 S9
1.if the will is not executed and attested as required by law
2.if the testator is insane or otherwise mentally incapable to make a will
3.if the will was executed under duress or under the influence of fear or threats
4.if the will was procured by undue and improper influence, on the part of the beneficiary or of some
other person for his benefit
5.if the signature of the testator was procured by fraud or trick, and he did not intend that the
instrument should be his will at the time of fixing his signature
In case of lost or destroyed will, no probate, except as provided in R76 S6: (note this, lumalabas to sa
bar) SECONDARY EVIDENCE as exception to the Best Evidence Rule
1.Execution and validity of the will by the testator be established
2.That the will is proven to have been in existence at the time of the death of testator or is shown to
have been accidently
or fraudulently destroyed during the lifetime of testator without his knowledge
3.Its provisions are clearly and distinctly proved by at least 2 credible witnesses
How to / Who can prove due execution, genuiness?
Pursuant to rules of evidence:
1.By persons or witnesses present when executed
2.By notary public
3.By any person present during execution of the will
NOTE that proving lost or destroyed will is exception to best evidence rule
-Lost or destroyed will in accordance with R130 S3, prohibiting presentation of secondary evidence
A petition for probate of a will is an initiatory pleading
If the parties subsequently file a petition for letters testamentary or of administration, is it considered as
initiatory pleading?
NO! It is considered as continuation of probate of a will, hence, there is no need for petition against non
forum shopping
Is oral partition valid between surviving heirs?
As amongst the heirs, valid amongst themselves. But in order to bind third persons, for purposes of
registration, the partition must be in a public

SPECIAL PROCEEDINGS
instrument to be valid as to registration. If not in a public instrument, then not valid as to registration.
Probate of a will,
-There is need for appointment of executor, if with a will
-If no will, then administrator
Can there be administrator in case there is a will?
YES!
In 2 instances:
-When executor refused to accept the trust, or
-The executor is disqualified
Called, ADMINISTRATOR WITH A WILL ANNEXED
Who can be appointed executor or administrator?
Order of preference in appointment of regular administrator or executor:
1.Surviving spouse
2.Next of kin
3.Any person interested in the will, or creditor
4.Any person the court may appoint
Remedies in case of adverse decisions in:
Appointment of regular administrator- APPEAL
-Because appointment is final and executory
Appointment of special administrator- CERTIORARI RULE 65
-Because appointment is interlocutory in character
REPROBATE OF A WILL (note: lumalabas to sa bar)
Rule 77
-Will probated abroad is not automatically allowed in the Philippines
o Hence, the need for petition for reprobate of a will
How to prove?
-Copy of the will duly probated by court of competent jurisdiction in the foreign country
-Duly allege the law on probate proceedings in the foreign country, allege in the body of the petition for
reprobate, duly authenticated
Requisites:
1.Due execution of the will in accordance with foreign laws
2.Testator is domiciled in a foreign country
3.Will is admitted to probate in such country
4.Foreign court or tribunal is a probate court
5.Law of the foreign country on procedure and allowance of the will
R77 in relation to Rule 39 S48 (Effect of foreign judgment) and Processual Presumption
A probate of will abroad is considered as foreign judgment, hence, the need for petition for reprobate to
be considered binding and enforceable upon our courts
Requisites to be appointed:
EXECUTOR: (Rule 78 S4)
-Named in the will

SPECIAL PROCEEDINGS
-The will is proved and allowed
-Testator is competent, accepts the trust, and gives bond
ADMINISTRATOR (Rule 79 S2)
-Competent
-Appointed by the court
-Files petition for letters of administrationo Jurisdictional facts
o Names, ages, residences of heirs, creditors
o Probative value and character of the estate
o Name of person for whom letters are prayed
Powers of E or RA (R84 S1-3)
-Have access to, examine and take copies of books and papers relating to partnership in case of
deceased partner
-Examine and make invoices of property belonging to the partnership in case of deceased partner
-Maintain in tenantable repairs, houses, other structures and fences and deliver the same in such repair
to heirs or devisees when instructed to do so by the court
-Make improvement on properties under administration with necessary court approval except for
necessary repairs
-Possess and manage the estate when necessary for payment of debts, for payment of expenses of
administration
As far as Executor or REGULAR ADMINISTRATOR is concerned (N/A to special administrator, who are
disqualified to serve as such? (R78 S1)
To question, file comment or opposition to the petition, if denied, then as far as they are concerned,
decision is final and executory, hence, APPEAL is the proper remedy
1.Minor
2.Non resident
3.One who in the opinion of the court is unable to exercise the duties of a trust by reason of:
a.Drunkenness
b.Improvidence
c.Want of understanding
d.Want of integrity
e.Conviction of an offense involving moral turpitude
So, lasenggo- disqualified
Drug addict- disqualified (Bakit? Hmmm... pwedeng pumasok to sa improvidence ah... )
Convicted of dishonesty, or with issues about it- disqualified
Convicted of crime INVOLVING MORAL TURPITUDE
What is moral turpitude?
-an act of baseness, vileness, depravity in the private and social duties which a man owes his fellow
men, to society in general, contrary to the accepted and customary rule of right and duty between man
and woman or conduct contrary to justice, honesty, modesty, or good morals (Herrera, p.81)
o basta act contrary to justice, honesty, modesty, or good morals
What are crimes involving moral turpitude?
HINDI LAHAT AH!
Key: basta may PANLOLOKONG INVOLVED (kasi to be Executor or Administrator, involves position of
trust and confidence)
1.estafa

SPECIAL PROCEEDINGS
2.falsification of public documents
3.perjury
Rape? NO!!!! Ano bang kinalaman ng rape sa pagiging executor or administrator ng estate????!!!
NOTE HOWEVER, na above disqualifications apply only to appointment of REGULAR ADMINISTRATOR,
not to appointment of special administrator.
Removal of Executor or Administrator, GROUNDS: (Rule 82 S2)
-neglect to render accounts within 1 year and when required by the court
-neglect to settle the estate according to the Rules
-neglect to perform order or judgment of the court or duty provided by Rules of Court
-absconding
-insanity, incapability, or unsuitability of discharging trust
NOT ABSOLUTE!
Other grounds:
1.Death
2.Resignation, etc
Special Administrator
Instances when appointed:
1.delay in appointment of executor or administrator
2.delay in appeals in main case
3.when the executor or regular administrator is claimant of the estate he represents
(in case of opposition on appointment/appointment of special administrator, if denied, certiorari is
proper remedy, because order of appointment is interlocutory [R65 rel to R41 S1])
Powers of SA: (80 2)
-possess and charge of goods, chattels, rights, credits, estate
-preserve the properties
-commence and maintain suits
-sell only perishable properties or properties ordered sold by court
-pay debts only as may be ordered by the court
-submit inventory and render accounting
Requisites in case of Executor or Administrator:
1.File Bond- required
Is there any instance when executor or administrator is exempt from filing bond?
YES!
-When provided by testator in his last will and testament that filing of bond is not needed
Executor or administrator was appointed, here comes heir, now, can the heir file petition for
appointment of his person as administrator?
NO!!!! Unless there is ground for removal of executor or administrator, di pwede basta mag file

SPECIAL PROCEEDINGS
yung heir ng petition for his appointment as administrator
In case of Adverse Decision- appeal from the order of appointment (pag regular administrator)
Rule 83 INVENTORIES
To be made within not mandatory period of 3 mos from the grant of letters testamentary or letters of
administration (S1)
Articles not subject: (S2)
1.wearing apparel of surviving spouse and minor children
2.marriage bed and bedding
3.provisions and other articles as will necessarily be consumed in subsistence of the family of the
deceased
Question on rentals. Can it be filed by mere motion?
NO!!! Executor or administrator must file action against lessee by way of independent action
-because property is not yet included in
estate of deceased
o Reason why file a claim against 3rdperson by Executor orAdministrator
Can Executor or Administrator be made to testify to those matters relating to executor by deceased
before his death?
(Related to Rules on Evidence)
NO!!!! Because disqualified to testify
Except:
1.When executor is cross examined on those matters
Principle of Dead Mans Statute (Rule 130 S23)- reason for disqualification
REQUISITES (Rule 130 S23):
-Witness is a
o party or
oassignor of a party
to a case of persons in whose behalf a case is prosecuted
-action is against
oexecutor or
o administrator or
oother representative of deceased person or
operson of unsound mind
-subject matter of the action is
oclaim or
odemand against
estate of deceased person or
against person of unsound mind
-testimony refers to
oany matter of fact which occurred before the death of such deceased person or before such person of
unsound mind
Rationale: declarant cannot be cross examined, lips are sealed forever by death
Purpose: designed to close lips of party plaintiff when death permanently closed lips of party defendant
in order to remove from surviving party the temptation to give false testimony and possibility of
fictitious claims against deceased
NOTE: Waivable
If testified to, with right to cross examine

SPECIAL PROCEEDINGS
If not, then waived
Principle of Statute of Non Claims
-Claim by a person against the estate of deceased which should be made not less than 6 months nor
more than 12 months since first publication of allowance of the will
o Letters testamentary issued, first publication
After such order, allow claimants to file, or else, barred forever, EXCEPT:
-Belated claims (not claim not filed within original period fixed by court, extended for not higher than 1
month from order allowing belated claims)
Claims against the Estate: (relate to Rule 3 S16, Rule 3 S20if dismissed, file under Rule 86)
1.Claim which survives death
a.Arising from contract, express or implied
b.Note S20 R3 in relation to Special Proceedings
c.May be claimed against estate of the deceased
2.Funeral expenses
3.Expenses for last illness of decedent
4.R111 S4- death after arraignment (interrelate the aforesaid provisions)
a.Aka LIABILITY ARISING FROM DELICT
Criminal action- impliedly instituted civil action (Rule 87 in relation to Rule 111, death before
arraignment/after arraignment)
Specific claims against estate (Rule 86 S5):
-For recovery of money not secured by him
-Money claims, debts insured by decedent during lifetime arising from contract express or implied, due
or not due, contingent or not
-Claims for funeral expenses
-Claims for last illness
-Judgment of money against decedent
-Claims for taxes
-Absolute claims
-Contingent claims
Question regarding the person who died in accident, while yung nabangga niya suffered injuries. What is
the remedy of the latter?
File suit for damages, contingent claim against the estate para not barred by statute of non claims
How to file claim against estate: (Rule 86 S9)
1.File claim before clerk of court, supported by vouchers, receipts, judgment of the case
2.Serve copy thereof on executor or administrator
3.Duly supported by affidavit stating amount due and fact of no offsets
4.If claim is not due or contingent, accompanied by affidavit stating particulars
Note in relation to R68 aka Foreclosure of mortgage

SPECIAL PROCEEDINGS
Remedies of Mortgagee after death of mortgagor (Rule 86 S7):
3 remedies, avail 1, exclude others na
1.Abandon or waive the security and prosecute his claim against the estate and share in the general
distribution of the assets of the estate
2.Foreclose his mortgage or realize upon his security by action in court making the executor or
administrator a party defendant and if there is a claim for deficiency, he may file a contingent claim
against the estate within the statute of non claims
3.Rely solely on the mortgage and foreclose the same at any time within the period of the statute of
limitations but he cannot be admitted as creditor and shall not receive in the distribution of the other
assets of the estate
In short,
1.Abandon mortgage, prosecute claim against estate
2.Rely solely on mortgage and foreclose any time within period of statute of limitations
3.Foreclose mortgage, file contingent claim against estate of deceased to be able to claim deficiency
a.Pag foreclose lang, and no contingent claim
i.BARRED FROM CLAIMING DEFICIENCY! dapat, foreclose plus file contingent claim to be entitled to
deficiency
-Foreclose
-Contingent claim
oBoth must be present to be able to claim deficiency
oPay wala, wala!
Pag foreclose lang
Pag contingent claim lang
Actions against Estate of the deceased (87 S1)
-To recover real property or interest therein from the estate
-To enforce lien
-Recovery of damages for injury to petitioner or property
-For revival of money judgment
-Actions for causes which survive
How to file? Requirements (Rule 87 S10)
-Deficiency of assets in hands of E or A
-Deceased had made or attempted to make fraudulent conveyance
-Subject to would be liable to attachment on his lifetime
-E or A showed no desire to file action or fail to institute the same within a reasonable time
-With leave of court
-Bond filed
-Action in the name of executor or administrator
Hence, look at the problem:

SPECIAL PROCEEDINGS
Actions to be filed by executor or administrator against third person for estate of deceased:
-Person suspected of having conveyed property, ask third person to appear before it and examine him
(87 6)
-To recover property, rights, interests, debts, where there is deficiency or assets in the hands of E or A
(87 9)
-Ask third person with portion of estate of deceased to render full accounting of money, goods, chattel,
etc
Conditions for payment of Claims (Rule 88)
-Order by court of sale or exchange, proceeds to satisfy debts and expenses
-Exhaust personal property of deceased, then the realty, in the following instances:
o Personal estate not sufficient for that purpose
oSale of personalty to the detriment of participants
Case filed against Executor or administrator in another court, and without consent of the probate court,
the executor or administrator entered into compromise agreement. Pwede?
NO!!!
-File claim against estate of deceased muna, and that is the only time that the compromise can be
approved by the probate court
Notice of lis pendens
-Notice with the purpose of notifying subsequent buyers in case of title to or possession of real property
Is notice of lis pendens needed to secure?
NO NEED!!!
-Property is already included in the settlement, secured by probate court
Sale, Encumbrance of Property of Estate: (Rule 89)-
(no property of estate may be sold without court approval)
1.Petition before the court by E or A
2.Notice to heirs, devisees, legatees
3.Court approval of sale of property of estate a. Pag wala, bawal
Hence, Executor or Administrator cannot just enter into compromise agreements
4.Court order to sell realty to pay debts and legacies
NOTE: Creditors can stop the sale by giving bond fixed by the court to pay debts and legacies
When sale of property of decedent may be effected/instances/requirements: (Rule 89)
-Personal estate (S1)
o Pay debts and expenses of administration
o Pay legacies
oCover expenses for preservation of the estate
-Real Estate (S2)

SPECIAL PROCEEDINGS
o Personal estate insufficient to pay obligations
oSale of personal estate may injure business
oTestator has not made sufficient provisions for payment of debts, legacies, expenses
oDeceased is under contract to deed real property to beneficiaries
-(S4)
oWhen beneficial to heirs, devisees, legatees, interested persons
oEstate of deceased in foreign country is not sufficient to pay debts and expenses
-(S6)
oEstate acquired on execution or foreclosure sale when beneficial to heirs, devisees, legatees, other
interested persons
Executor or administrator, in case of sale, is required to file written petition setting forth: (R89 S7)
-Debts due from settlement
-Expenses of administration
-Legacies
-Value of personal estate
-Situation of estate
-Other facts showing sale as necessary or beneficial
Requirement for advanced distribution of property:
Rule 90 S1
Distributee to give bond conditioned for payment of debts, funeral expenses, expenses for
administration, allowance of widow, inheritance tax
(E)
ESCHEAT (Rule 91)
What is escheat?
-Proceedings whereby a decedent who died intestate (without will), and without heirs, but left property,
the latter shall become property of the estate upon his death
Is it the same as reversion (R91 S5)?
-NO
oThe essence, however, is the same, but, reversion is filed by state to recover property of a person
unlawfully acquired in violation of the Constitution, AMLA, Plunder Law, or the Anti Graft law
R91 S1- escheat
By verified petition filed by Sol Gen or Representative, stating the ff matters:
-Decedent died intestate
-No heirs or persons by law entitled to the same
-Decedent left real or personal properties
-Decedent is a resident of the province of last residence or if a non resident, has property in the courts
jurisdiction
Rule 91 S2
Hearing to be conducted not higher than 6 months from entry of order, copy of order to be published
once a week for 6 consecutive weeks in a newspaper of general circulation
Rule 91 S3
Effects of declaration of Escheat:
Resident decedent

SPECIAL PROCEEDINGS
-Personal estate to be assigned to municipality or city of last residence
-Real estate to be assigned to municipality or city where it may be found
Non resident decedent
-Whole estate to be assigned to municipality or city where found, for benefit of public schools and
charitable institutions and centers in said cities or municipalities
NOTE: Expropriation- different from escheat and revesion (See notes on civil procedure)
Jurisdiction / Venue of Escheat proceedings:
RTC or MTC (depends upon gross value of the estate) of the place where the decedent last resided
before his death or if a non resident, where his estate is situated (Rule 91 S1)
Escheat Expropriation Reversion
Decedent died Payment of just Concerns
without a will, compensation property for
no heirs, but public use
with property
Remedies of heir unlawfully deprived (file within 5 years from judgment or else, forever barred):
1.Recover the properties escheated from the city or municipality
2.Recover proceeds of the sale of the property from the city or municipality (if sold by the city or
municipality)
In case of adverse decision on escheat, Remedy:
-APPEAL (Record on Appeal 30 days- relate to Rules 40 and 41)
(G)
GUARDIANSHIP
(Rules 92-97, Guardianship of Incompetents; AM 3-
2-5, Guardianship of Minors)
What is guardianship?
-Special proceeding whereby the property of the ward is administered by a person appointed by the
court
Guardian
-A person appointed by court or by law to administer the property of the ward
Jurisdiction and Venue:
In case of Guardianship of minor: (AM 3-2-5 S3)
-Family Court where the minor actually resides or where the property situated ifnon-resident minor (in
relation to RA 8369 aka Family Courts Act of 1997)
In case of Guardianship of incompetent: (Rule 92 S1)
-RTC of the place of residence of incompetent person or if a resident of a foreign country, where the
property or portion thereof is situated
Who may petition for guardianship?
In case of minor: (for purpose of managing affairs or properties)
S2, AM 03-02-05-SC
1.Relative
-Parent
-Guardian

SPECIAL PROCEEDINGS
-Brother or sister
2.Other person in behalf of minor - Actual custodian
3.Minor himself, if he is 14 years of age or over
In case of incompetent:
Rule 93 S1 (if incompetent is a resident)
1.Relative
2.Friend
3.Other person in behalf of an incompetent who has no parents or lawful guardian
4.Secretary of Health in case of insane person who should be hospitalized or in favour of an isolated
leper
Rule 93 S6 (if incompetent is a non resident)
1.Relative
2.Friend of such person
3.Any person interested in his estate, in expectancy or otherwise
4.Secretary of Health in case of insane minor who needs to be hospitalized
Note that pursuant to the Domestic Adoption Act (S7 DAA), the ward may be adopted by the Guardian
after termination of Guardianship
Kinds of Guardians
1.Natural Guardian- parents of ward
2.Guardian ad litem- appointed for specific purpose
3.Judicial Guardian- appointed to manage affairs or properties of the ward
Who are minors? Incompetents?
Minors:
Any person below 18 years of age
Incompetents:
-Suffering from civil interdiction
-Hospitalized lepers
-Prodigals
-Deaf and dumb who are unable to read and write
-Of unsound mind, even though with lucid interval
-Not of unsound mind, but by reason of age, disease, weak mind, other similar diseases, cannot take
care of the property without outside aid, becoming an easy prey to deceit and exploitation
Who can be guardians of a minor?
(S16, Rules on Guardianship of minors)
-Parents
-Surviving grandparents or if several, court to select taking into account all relevant considerations
-Oldest brother or sister,
-Actual custodian,
oIn the latter 2, higher than 21 y o, unless unfit or disqualified
-Any other person the court may deem sufficient

SPECIAL PROCEEDINGS
Duties of a guardian:
-Give bond
-Render inventory
-Faithfully execute duties of trust
-Render accounting of estate and interests
-Settle debts
-Deliver estate, effects, moneys to persons lawfully entitled thereto
-Perform all orders of the court required by him to be performed
-Care and custody of ward, management of estate, or both
-Pay debts of ward out of personal property or income of real property
-Settle all accounts, sue for, receive debts with court approval
-Appear for and represent ward in all actions and special proceedings
-Manage estate of ward without waste, apply income and profits for best interests of the ward
-If income is insufficient for purposes, sell or encumber real estate when authorized by court to do so,
apply proceeds for maintenance of the ward
Requirements for sale or disposition of properties of the ward:
AM 3-2-5 (minors); Rule 95 (incompetents)
-Verified petition stating:
oIncome of estate sufficient for maintenance of ward
oFor benefit of ward that real estate be sold and proceeds used
-If sale beneficial to ward, court to order next of kin and other persons to appear and show cause why
prayer should not be granted
-Hearing of proofs and allegations, refuse or grant prayer
o If beneficial to ward, order sale, proceeds for maintenance of ward and family
o Specify cause why sale is beneficial, order estate to be sold at private or public sale
-Original bond to stand as security for property appropriated with proceeds, but judge may require
additional bond as condition for granting proceeds of the sale
-Court to invest proceeds of sales and encumbrances
Grounds for termination of Guardianship:
(S25- Minors)
-Ward has come of age,
-Ward died
(97 1- Incompetents)
-Competency of ward is judicially determined
-Guardianship is no longer necessary
-Death of guardian
-Death of ward
Grounds for removal/resignation of guardian:
(S24- Minors; (97 2-Incompetents)
-Guardian becomes insane, or otherwise incapable of discharging his trust
-Guardian becomes unsuitable
-Wasted or mismanaged wards properties

SPECIAL PROCEEDINGS
-Failed to render accounting or make a return for 30 days when due
Remedies in case of mismanagement of properties:
(S24- Minor; 97 2- Incompetent)
-Ask court for removal of guardian
-Require guardian to surrender properties of ward to person lawfully entitled thereto
-Ward can ask for resignation of guardian
CUSTODY OF MINORS IN RELATION TO HABEAS
CORPUS
AM 3-4-4-SC
The remedy of Habeas Corpus is available in issues regarding as to who between 2 persons (usually,
spouses) is entitled to have custody over a child
-File habeas corpus in such case
Distinguish this from Rule 102, because in Custody of Minors in relation to habeas corpus, the issue is
specific, while Habeas Corpus under Rule 102 extends to all cases of illegal confinement
Jurisdiction/Venue: (S3)
Family Court of the place where the minor resides
(NOTE: Can also be filed with MTC, RTC, CA, SC [?])
Mother and grandparents, or husband and wife. Who has better right to custody of the child?
-In case of children below 7 years old, custody must be given to the mother except if the mother is unfit
because of immorality
Who may file petition for custody of minors?
S2, AM 03-04-04-SC
Any person claiming such right, such as:
(S13)
1.Both parents jointly
2.Either parent, taking into account all relevant considerations, especially the choice of the minor over 7
years of age and of sufficient discernment, unless the parent chosen is unfit
3.Grandparent, or if several grandparents, grandparent chosen by the minor over 7 years of age and of
sufficient discernment, unless the grandparent chosen is unfit or disqualified
4.Eldest brother or sister over 21 years of age, unless he or she is unfit or disqualified
5.Actual custodian of the minor over 21 years of age, unless the former is unfit or disqualified
6.Any other person or institution the court may deem suitable to provide proper care and guidance for
the minor
Grounds for denial of Petition:
-Existing threat or danger of physical, mental, sexual, emotional violations
-Prejudicial to health, safety, welfare
-Petitioner with history of child or spousal abuse

SPECIAL PROCEEDINGS
-Habitual alcoholism or drug addiction
-Marital misconduct
-Unfitness of petitioner
Protection orders:
(S17) requiring any person,
1.To stay away from home, school, business or place of employment of the minor, other parent, or any
other party, or from any other specific place designated by the court
2.To cease and desist from harassing, intimidating, or threatening such minor or the other parent or any
person to whom custody of the minor is awarded
3.To refrain from acts of commission or omission that create an unreasonable risk to the health, safety,
or welfare of the minor
4.To permit a parent, or a party entitled to visitation by a court order or a separation agreement, to visit
the minor at stated periods
5.To permit a designated party to enter the residence during a specified period of time in order to take
personal belongings not contested in a proceeding pending with the Family Court
6.To comply with such orders as are necessary for the protection of the minor
(include those provisional remedies under Rules 57- 61 of the Rules of Court)
(T)
TRUSTEESHIP
(Rule 98)
Trust
-A confidence imposed in one person, called the trustee, for the benefit of another, called the cestui que
trust, with respect to property held by the former for the benefit of the latter
o Will by trustor- trustee to hold property for beneficiary
WILL- LWT, written document
Here, there is trustor, trustee, beneficiary, the trustee to perform acts in the will of the trustor for the
beneficiary
Jurisdiction/Venue:
(Rule 98 S1)
MTC or RTC depending on the gross value of the estate of the place where the will is probated, or if
a non-resident, where the estate is found
Elements constituting a Trust:
(De Leon, p. 664)
1.Competent trustor and trustee
2.Ascertainable trust res
3.Sufficiently certain beneficiaries
Requisites for trusteeship:
1.Trust reposed between trustor and trustee
2.With sufficiently certain beneficiaries
3.Trust res / subject matter
4.Act to be performed by trustee
5.Beneficiary
6.Work of trustor creating trusteeship
Illustration: father (trustor) deposits money for son in bank, bank being the trustee. Bank cannot release
the proceeds to the son (beneficiary) the money until he turns 20 years old.

SPECIAL PROCEEDINGS
(A)
ADOPTION
(RA 8552- DAA; RA8043- ICAA; AM 2-6-2- Rules on Adoption)
Adoption
-A juridical act, proceeding in rem, which creates between 2 persons a relationship similar to that which
results from legitimate paternity and filiation
Kinds of adoption:
1.Domestic Adoption (governed by RA 8552)
2.Inter Country Adoption (governed by RA 8043)
Jurisdiction / Venue
1.DA- Family court where the adoptive parents reside
2.ICA- ICAB or the Family Court where the minor resides
Who may adopt? Requirements? Who may be adopted?
DAA
1.Filipino Citizen
-Of legal age
-In possession of full civil capacity and legal rights
-Of good moral character
-Not convicted of any crime involving moral turpitude
-Emotionally and psychologically capable of caring for children
-At least 16 years older than adoptee
oEXCEPT:
If adopter is biological parent of adoptee
If adopter is the spouse of the adoptive parent
-In a position to support and care for his or her children in keeping with the means of the family
2.Alien
-Possessing the same qualifications as Filipino nationals
-His or her country has diplomatic relations with the Republic of the Philippines
-Living in the Philippines for at least 3 continuous years prior to the filing of the petition for adoption
and maintains such residence until the adoption decree is entered
oEXCEPT:
If adopter is former
Filipino citizen seeking to adopt relative within 4th civil degree of consanguinity or affinity
Adopter seeks to adopt LC of Filipino spouse
Married to Filipino citizen and seeks to adopt jointly with his or her spouse a relative within the 4th civil
degree of consanguinity or affinit5y of Filipino spouse
-Certified by his or her diplomatic or consular office or any appropriate agency that he or she has legal
capacity to adopt in his or her country
oEXCEPT:
If adopter is former
Filipino citizen seeking to adopt relative within 4th civil degree of consanguinity or affinity
Adopter seeks to adopt LC of Filipino spouse

SPECIAL PROCEEDINGS
Married to Filipino citizen and seeks to adopt jointly
with his or her spouse a relative within the 4th civil degree of consanguinity or affinit5y of Filipino
spouse
-His or her government allows the adoptee to enter his or her country as his or her adopted son or
daughter
3.Guardian
-With respect to ward after termination of guardianship and clearance of his or her financial
accountabilities
ICAA
1.Alien permanently residing abroad
2.Filipino citizen permanently residing abroad
-At least 27 years of age and at least 16 years older than child to be adopted at the time of the
application unless
o Adopter is parent by nature of child to be adopted
-If married, his or her spouse must jointly file for the adoption
-Has capacity to act and assume all rights and responsibilities of parental authority under his national
laws and has undergone appropriate counselling from an accredited counsellor in his or her country
-Not convicted of crime involving moral turpitude
-Is eligible to adopt under his or her national law
-In a position to provide the proper care and support to give the necessary moral values and example to
all his children including the child to be adopted
-Agrees to uphold basic rights of the child as embodied under Philippine laws, UN Convention on the
Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this
Act
-Comes from a country with whom the Philippines has diplomatic relations, and whose government
maintains a similarly authorized and accredited agency and that adoption is allowed under his or her
national laws
-Possesses all the qualifications and none of the disqualifications provided therein and in other
applicable Philippine laws
Who may be adopted?
DAA
1.Any person below 18 years of age who has been administratively and judicially declared available for
adoption
2.Legitimate son or daughter of one spouse by the other spouse
3.Illegitimate son or daughter by a qualified adopter to improve his or her status to that of legitimacy
4.Person of legal age if, prior to the adoption, said person has consistently been considered and treated
by the adopters as his or her own child since minority
5.Child whose adoption has been previously rescinded

SPECIAL PROCEEDINGS
6.Child whose biological or adoptive parents died, provided, that no proceedings shall be initiated within
6 months from time of death of said parents
ICAA
1.Only a legally free child
Notes:
Correction of simulated birth may be filed simultaneously with petition for adoption
Simulated Birth (note: crime to)
oSa certificate of live birth, inilagay, hindi ang biological parents
-Hence, in correction of simulated birth, make the corrections
Same is true with change of name which can also be filed simultaneously with petition for adoption.
Who are the following?
Abandoned Child
Neglected Child
Voluntarily Committed Child
Involuntarily Committed Child
Dependent Child
Section 3 of the Rules on Adoption (AM 02-06-02)provides for the following definitions:
Abandoned Child
-a child who has no proper parental care or guardianship or whose parents, guardian, or whose parents
have deserted him for a
period of at least 6 continuous months and has been judicially declared as such
Neglected Child- iniiwan sa bahay bahay, sa tapat ng gate (unsure if pertaining to this or to abandoned
child)
-a child whose basic needs have been deliberately not attended to or inadequately attended to,
physically or emotionally, by his parents or guardian
Voluntarily committed child
-a child whose parents knowingly and willingly relinquish parental authority over him in favour of the
Department
Involuntarily committed child- mga asa Boys Town
-a child whose parents, known or unknown, have been permanently and judicially deprived of parental
authority over him due to abandonment; substantial, continuous, or repeated neglect and abuse; or
incompetence to discharge parental authorities
Dependent Child
-one who is without a parent, guardian, or custodian or one whose parents, guardian, or other custodian
for good cause desires to be relieved of his care and custody and is dependent upon the public for
support
Effect of adoption decree:
-Adoptee will use surname of adoptive parents
-Entitle adoptee to successional rights, equivalent to legitimate child
-Grant adoptee rights and privileges of legitimate child

SPECIAL PROCEEDINGS
IF adoption is rescinded (see below), then revert back to old status before adoption decree
Abandoned / Neglected Child
-Before, file petition for declaration of abandonment
-Ngayon, declaration of abandonment together with adoption may be filed in one petition
NOTE that in adoption: BEST INTERESTS / WELFARE OF THE CHILD
Petitioner needs to prove he is physically, mentally, financially capable to adopt
A person of legal age can be adopted
In case of adoption of minor,
-Biological parent to issue affidavit of consent without which the petition for adoption shall not be
allowed
-Can also join in petition for adoption, petition for change of name designated by minor, using surname
of adoptive parents state in the petition
Inter Country Adoption
-Important that there be diplomatic ties between the 2 countries, or else, petition cannot be granted
ICAB
- Under the Office of the President / DSWDo Asa Legarda / Mendiola, Manila
Annexes to petition for ICA:
-Written and officially translated in English:
1.Birth certificate of petitioner
2.Marriage contract, or, if not married anymore, divorce decree or judgment dissolving the marriage
3.Sworn statement of consent of petitioners biological or adopted children under 10 years of age
4.Physical, medical, psychological evaluation of petitioner duly certified by duly licensed physician and
psychologist
5.ITR or any document showing current financial capability of petitioner
6.Police clearance of petitioner issued within 6 months following filing of petition
7.Character reference from local church / minister, petitioners employer and a member of the
immediate community who have known petitioner for at least 5 years
8.Full body postcard size pictures of petitioner and his immediate family taken at least 6 months before
the filing of the petition
(R)
RESCISSION/REVOCATION OF ADOPTION
(RA 8552- DAA)
Grounds:
1.Repeated physical or verbal maltreatment by adopter despite having undergone counselling

SPECIAL PROCEEDINGS
2.Attempt on life of adoptee
3.Sexual assault or violence on the adoptee
4.Abandonment or failure to comply with parental obligations
Jurisdiction / Venue:
Family Court which rendered decree of adoption
Who may file? (ONLY the ADOPTEE)
-Adoptee above 18 y o
-If a minor, with DSWD assistance
-If higher than 18, but incapacitated, assisted by guardian or counsel
When filed?
Within 5 years after reaching age of majority or if incapacitated at the time of adoption, within 5 years
after recovering from the incompetency
Effects of Rescission or Revocation of Adoption:
1.Reinstate former name or surname
2.Reinstate former succession rights
3.All rights and privileges granted by adoption will be removed
4.Paternity and filiation relationship created between adopter and adoptee shall likewise be removed
Can adoptive parents file for rescission of adoption?
NO! Because adoption is for the best interests of the adoptee
What then can be the remedy of adoptive parents?
Disinherit the adoptee
(H) HOSPITALIZATION OF INSANE PERSONS
(Rule 101)
(pag nakakita kayo ng tumatawa mag isa at walang dahilan, alam nyo na ang gagawin)
Jurisdiction / venue:
RTC of the place where the insane may be found
Who may file?
Regional Director of DOH
Hospitalization of Physical and Mental
Insane Persons examination of persons
Governed by Rule 101 Governed by Rule 28
Special proceeding Mode of discovery
File a petition File a motion
Filed by Regional Any party may avail of
Director of DOH
In hospitalization of insane, walang issue, sira ulo lang talaga; sa PME, issue is such PME
Insane Person
-A person whose condition of the mind is so impaired in function or so deranged as to

SPECIAL PROCEEDINGS
induce a deviation from normal conduct of the person so afflicted
Effect of granting petition:
R101 S3
Upon satisfactory proof, in open court on the date fixed in the order, that the commitment applied for is
for the public welfare or for the welfare of the insane person, and that his relatives are unable for any
reason to take proper custody and care for him,
-The court shall order his commitment to such hospital or other place for the insane as may be
recommended by the Director of Health
-The court shall make proper provisions for the custody of property or money belonging to the insane
until a guardian be properly appointed
Adverse decision, remedy:
-Record of appeal within 30 days from notice of judgment or final order
(H)
HABEAS CORPUS
(Rule 102)
+
WRIT OF AMPARO (AM 7-9-12-SC)
+
WRIT OF HABEAS DATA
(AM 8-1-16-SC)
CONSTITUTIONAL BASIS:
A8 S5 P5
The Supreme Court shall promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the IBP, and
legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi judicial
bodies shall remain effective unless disapproved by the Supreme Court.
A3 S15
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
or when public safety requires it.
A7 S18 P3
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision within 30 days from its filing.
Habeas Corpus/Writ of Habeas Corpus:
Habeas Corpus
-is a Latin phrase which literally means, you have the body (Festin, Special Proceedings, p. 146)
What is WRIT OF HABEAS CORPUS?
-Bouviers Law Dictionary defined it as a writ directed to the person detaining another and commanding
him to produce the body of the prisoner at a certain time and place, with the day and cause of his
caption and

SPECIAL PROCEEDINGS
detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider
in that behalf. (Beda Memory Aid in Remedial Law, p. 172)
JURISDICTION/VENUE of HABEAS CORPUS:
-RTC of the place where the detained is committed
-*MTC (see above venue) in the event of absence of all RTC Judges in the place, or if there is no RTC in
that place
o In the above 2, enforceable only within their respective territorial jurisdictions
o Returnable in RTC
-CA
-Supreme Court
oIn the higher 2 courts, enforceable throughout the Phils
oReturnable in CA, SC, any justice or in RTC
-Sandiganbayan
oPerson detaining is a public official
Note the distinctions between the HC, Amparo, Data! (2009 Bar)
(SEE ATTACMENTS)
Writ of Habeas Corpus, under Rule 102, applies to all kinds of illegal restraint (ACTUAL RESTRAINT)
1.Illegal detention (detention without cause)
2.Detention under invalid law
3.Service of sentence in excess of what the law imposes
(Differentiate from AM 3-4-4)
When can the writ of habeas corpus not be issued?
1.When detained under lawful cause
2.In case of invasion or rebellion or when public safety requires it, under A3 S15 of 1987 Constitution
3.When in case of invasion or rebellion, when public safety requires it, for a period not exceeding 60
days, under A7 S18, 1987 Constitution
4.If jurisdiction of the court to try the person detained appears after the writ is allowed
5.If the person is in custody of an officer under process issued by a court or by virtue of a judgment or
order of a court of record which has jurisdiction to issue the process, render the judgment, or make the
order
6.If the person is charged or convicted of an offense in the Philippines
7.If the person is suffering imprisonment under lawful judgment
8.In case of 3 day detention of a suspect for 3 days without charge, pursuant to S18 of RA93712 aka
Human Security Act
9.When person is serving final sentence imposed by court
Note that writ of Habeas Corpus is a kind ofamparoamparo libertad
-Because it is for the protection of personal freedom / constitutional right against illegal confinement

SPECIAL PROCEEDINGS
Amparo / Writ of Amparo (as differentiated from writ of Habeas Corpus as amparo)
-The constitutional remedy in case of violation or attempted violation to right to life, liberty, security,
committed by public official or employee, or a private individual or entity
Habeas Data
-Constitutional remedy against violation of right to life, liberty, or property of a person, committed by
person or government official tasked with collection of information or data
Remedy in case of adverse decision in Habeas Corpus
Appeal within 48 HOURS!!!
Note that regarding this matter, originally, the Rules of Court says nothing. In the subsequent case of Hui
vs Rodriguez, the period became 15 days from notice of judgment. But in a SC resolution dated January
21, 2001, Rule 41 S3 was amended, and the 48 hour period was stated.
NOTE: Even if there is defect in form and substance in petition for habeas corpus, OK LANG... because
life, liberty is at stake
Remedy in case of adverse decision in writ of amparo / writ of habeas data
Petition for review under Rule 45 raising questions of fact or questions of law, within 5 working days
What are the kinds of amparo?
1.Amparo Libertad / Liberty Amparo
-Amparo for the protection of personal freedoms, equivalent to the writ of habeas corpus
2.Amparo Contra Leyes / Constitutionality Amparo
-Amparo for the judicial review of constitutionality of statutes
3.Amparo Casacion / Judicial Amparo
-Amparo for the judicial review of the constitutionality of a judicial decisions made by courts
4.Amparo administrativo / Administrative Amparo
-Amparo for the judicial review of administrative decisions made by administrative bodies
5.Amparo Agrario / Agrarian Amparo
-Amparo for the protection of peasants rights derived from the agrarian reform laws / processes
Origin of amparo: Yucatan, Mexico, 1941 (to protect as stated in the Mexican Constitution)
Mexico, 1941
Stated in the Mexican Constitution, which means to protect
Petition for writ of amparo:
Requirements:
S5- Contents of the petition
The petition shall be signed and verified and shall allege the following:

SPECIAL PROCEEDINGS
a.The personal circumstances of petitioner
b.Name and personal circumstances of the respondent responsible for the threat, act, or omission, or,
a.if the name is unknown or uncertain,
i.the respondent may be described by an assumed appellation
c.The right to
a.life,
b.liberty,
c.and security
i.of an aggrieved party violated or threatened with violation by
1.an unlawful act or omission of the respondent, and
how such threat or violation is committed with the attendant circumstances detailed in supporting
affidavits
d.The investigation conducted, if any,
a.specifying the
i.names,
ii.personal circumstances, and
iii.addresses of the investigating authority or individuals, as well as
iv.the manner and conduct of the investigation, together with any report
e.The actions and recourses taken by the petitioner
a.to determine the fate or whereabouts of the aggrieved party and
b.the identity of the person responsible for the threat, act, or omission, and
f.The relief prayed for
The petition may include a general prayer for just and equitable reliefs.
Habeas data
-Information or data written, tends to threaten violation of constitutional right to life, liberty or
property, and may be ordered destroyed by the court
Protection orders / interim reliefs in writ of amparo:
1.Temporary Protection order
2.Inspection order (to inspect premises relative to extrajudicial killings and enforced disappearances )
3.Production order (to produce documents related to extrajudicial killing and enforced disappearance)
4.Witness protection order
Writ of amparo is not a substitute for lost appeal or certiorari
-Dapat, there is violation or threat of violation to life, liberty, security, as was ruled in Masangkay vs AFP
Chief of Staff
A group of squatters live in land occupied by X. X filed ejectment suit against them for illegal possession
of property. The decision became final and executory. X applied for writ of demolition from the court,
which was granted. The squatters filed writ of amparo, alleging threatened violation of their right to
security. Are they correct?

SPECIAL PROCEEDINGS
NO!!! As was ruled in Masangkay vs AFP Chief of Staff, writ of amparo is not a substitute for lost appeal
or certiorari. Hence, the squatters should have filed appeal of adverse decision with the proper court.
Peremptory writ of Preliminary citation
habeas corpus / writ of
habeas corpus
Writ addressed to a Order of court directing
person in custody or person in custody of
detaining another to another to show cause
produce the body of the why the writ of habeas
prisoner at a certain
time corpus should not issue
and place designated
therein Here, the arrest is not
illegal
Here, the arrest is (may
be) illegal (most
likely)
Preliminary Citation
-a citation issued by the court to the government officer having the person in his custody to show cause
why the writ of
habeas corpus should not issue
o The issuance of preliminary citation arises in instances when the said person is detained under
governmental authority and the illegality of his detention is not patent from the petition for the writ.
Further notes:
Pag hindi pwede ang writ of habeas corpus, go with amparo
If there is a pending criminal case, you can file amparo with the same criminal case
72-hour rule (NOTE)
If not extrajudicial, not enforced disappearance, will amparo apply? (MAY RECENT CASE DITO)
If the clerk of court did not immediately issue writ of amparo, pwede siya ma-contempt
Prohibited Pleadings under Writ of Amparo/Habeas Data:
(S11- Amparo; S13- Data)
The following pleadings and motions are prohibited:
a.Motion to dismiss
b.Motion for extension of time to file return, opposition, affidavit, position paper, and other pleadings
c.Dilatory motion for postponement
d.Motion for a bill of particulars
e.Counterclaim or cross claim
f.Third party complaint
g.Reply
h.Motion to declare respondent in default
i.Intervention
j.Memorandum
k.Motion for reconsideration of interlocutory orders or interim relief orders and
l.Petition for certiorari, mandamus, or prohibition against any interlocutory order
(FOR FURTHER DISTINCTIONS, see attachments/tables)

SPECIAL PROCEEDINGS
(C)
CHANGE OF NAME (Rule 103)
+
(C)
CANCELLATION OR CORRECTION OF ENTRIES IN THE
CIVIL REGISTRY (Rule 108)
+
CLERICAL ERROR ACT (RA 9048)
(For further distinctions, see attachment)
Change of Name
-Filed with RTC where petitioner resides
Grounds:
1.Name is ridiculous, tainted with dishonour, extremely difficult to write or pronounce
2.Consequence of change of status, such as in legitimation or adoption (or revocation of adoption to
revert back to original name)
3.Having continuously used and been known since childhood by a Filipino name, unaware of alien
parentage
4.Sincere desire to adopt a Filipino name to erase signs of former parentage, all in good faith and
without prejudicing anybody
5.Necessity to avoid confusion
6.When surname causes embarrassment, and there is no showing that the desired change of name is for
fraudulent purpose or would prejudice public interest
Note that the Change of Name should not be for the purpose of circumventing liability.
Change of Name Correction of Entry
Rule 103 Rule 108
Note that under Rule 108, what is sought to be corrected in the Civil Registry is not the name, except
that if what is sought to be corrected is first name or nickname, the governing rule is the Clerical Error
Act or RA9048, by filing affidavit with the Civil Registry where registered, and if residing abroad, before
the nearest Philippine consulate.
Rule 103 RA 9048
Judicial administrative

Rule 108 RA 9048
Substantial changes for Clerical errors in entry,
correction of entries in
plus change of first
name
the Civil Register or nickname
Rule 108 was applied in the case of RP vs Cagandahan and Silverio vs Republic
In Silverio vs Republic, Rommel had sex change due to sex change / operation, he sought to change
name from Rommel to a female name, and wanted sex reassignment from male to female, so he filed
for change of name under RA 9048 and correction of entries in the civil register. (BAWAL under RA9048)
-The SC denied it
o Sex reassignment- bawal

SPECIAL PROCEEDINGS
No law allows it
Change of 1st name not falling under the grounds in RA 9048
However, in the Cagandahan case, Jennifer Cagandahan had 2 sex organs, male and female, even
hormones niya dalawa. So, she sought change of name from Jennifer to Jeff and her sex from female to
male.
-The SC allowed it
-By nature, she had 2 sexes, both male and female,
o Hence, she should not be deprived of right to choose whether to be a man or a woman, because it was
there by nature
Change of name from Jennifer to Jeff- governed by RA9048
Change of sex from female to male- governed by R108
However, even with RA 9048, the court is not divested with right to entertain petition for correction of
entries with respect to substantial corrections
Grounds for correction of entries under R108:
1.Births
2.Marriages
3.Deaths
4.Legal separations
5.Judgment of annulment of marriage
6.Judgment declaring marriage void ab initio
7.Legitimations
8.Adoptions
9.Acknowledgment of natural children
10.Naturalization
11.Election, loss, recovery of citizenship
12.civil interdiction
13.judicial determination of filiation
14.voluntary emancipation of minor
15.change of name (1st name / nickname under RA9048)
These are substantial entries, which can be changed upon good and valid grounds by way of petition.
Jurisdiction / Venue: RTC where Civil Register is Located (Rule 108)
NOTE:
Principle of Sexual Reassignment (Silverio Case)
Principle of Intersex (Cagandahan Case)
(SEE ATTACHMENT FOR FURTHER DISTINCTIONS on 103, 108, 9048)

Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
(V)
VOLUNTARY DISSOLUTION OF CORPORATIONS
(Now governed by CORPORATION CODE,S118-119, BP68)
The provisions of the Rules of Court regarding this is repealed by the provisions of the Corporation Code
Contemplates different modes in different situations: With Creditors OR Without Creditors
Modes:
1.Derivative suit
-Suit filed by minority stockholders for and in behalf of the corporation
2.Shortening lifetime of the corporation by amendment of the Articles of Incorporation
3.Quo Warranto
4.Dissolution of de facto corporation not registered with SEC- (administrative)

(J)
JUDICIAL DECLARATION OF MINOR NATURAL
CHILDREN
(NOW governed by FAMILY CODE)
This provision no longer applies now, because of the Family Code providing that there are only 3 kinds of
children:
o Legitimate childreno Illegitimate children
oLegitimated children
Legitimate and legitimated children, under rules of succession, are entitled to
successional rights, being the 1st in priority
Illegitimate children are entitled to of that to be inherited by legitimate children and legitimated
children
Legitimated- parents are not married, without legal impediment, if they become married, you become
legitimated
Provided, after August 3, 1988 (effectivity of the
Family Code)

SPECIAL PROCEEDINGS
(C)
CONSTITUTION OF THE FAMILY HOME
(post-Aug 3, 1988- FAMILY CODE; before, Rule 106)
FAMILY HOME
-Actual residence of spouses or head of the family and their beneficiaries
There is no need to constitute Family Home judicially
-The Family Code states that a Family Home is constituted automatically once they reside there,
provided,
o That the question given in the facts of the case does not provide for constitution prior to August 3,
1988 (effectivity of Family Code)
If so, then there is a need to constitute it judicially
But beyond August 3, 1988, deemed constituted from the time it is occupied as family residence
Why the need to constitute?
-Because a Family Home is exempted from execution, forced sale, attachment, up to extent of 1M pesos
o Example: Family Home is worth 10M
Hence, exempted from forced, sale, attachment is 1M
9M less obligations and reimbursements, will
revert back to owner of the Family Home
Instances when is Family Home not exempt from execution, forced sale, attachment:
1.Non-payment of taxes
2.Debts incurred prior to the constitution of the Family Home
3.For debts incurred by mortgages on the premises, before or after such constitution
4.For debts due to labourers, mechanics, architects, builders, materialsmen, and others who have
rendered service or furnished material for the construction of the building
Can the family home be subject to partition?
As long as there is minor beneificiary residing in the Family Home after the death of the spouses, the
family home cannot be subject to partition
A152 of the Family Code provides that a Family Home, constituted jointly by the husband and the wife
or an unmarried head of a family, is the dwelling house where they and their family reside, and the land
on which it is situated.
What is Actual Residence?
It is defined in the case of Garcia vs Fule as the personal, actual, physical habitation of a person, actual
residence or place of abode.
Who are the beneficiaries of a Family Home?

SPECIAL PROCEEDINGS
A154 of the Family Code provides that the following are the beneficiaries of a family home:
1.The husband and wife
2.The unmarried person who is the head of a family
3.#1 and #2s:
a.Parents
b.Ascendants
c.Descendants
d.Brothers
e.Sisters
i.Whether the relationship be legitimate or illegitimate
ii.Living upon the Family Home
iii.Depend upon the head of the family for legal support
Can a Family Home be subject of partition?
Basis:
A159, Family Code
The Family Home shall continue despite the death of one or both spouses or of the unmarried head of
the family for a period of 10 years or for as long as there is a minor beneficiary, and the heirs cannot
partition the same unless the court finds compelling reasons therefor. This rule shall apply regardless of
whoever owns the property or constituted the family home.
HENCE, it can be the subject of partition, IF, upon the death of one or both spouses or of the unmarried
head of the family, and
-the 10 year period for the continuation of the family home lapsed
-or, the minor beneficiary has already come of age
-or, there are no more debts left
Is there a need to file a petition for declaration of Family Home?
It depends on when the constitution of the Family Home will take or took place.
If the constitution took place prior to August 3, 1988, which is the effectivity of the Family Code, then
there is a need to constitute a family home judicially or extrajudicially as provided for in S1 R106.
However, if the constitution took place after the effectivity of the Family Code, then there is no need to
constitute the same judicially or extrajudicially, because A153 of the Family Code provides that a family
home is deemed constituted on a house and lot from the time it is occupied as a family residence from
the time of its constitution and so long as any of its beneficiaries actually resides therein.
(D)
DECLARATION OF ABSENCE and PRESUMPTIVE
DEATH
(Rule 107, provisions of NCC)
Declaration of Absence and Death
2 years / 5 years
Note that what is contemplated is actual, absolute whereabouts is unknown!
-Yung naglahong parang bula, hindi yung sumakabilang bahay
Declaration of presumptive death for purposes of remarriage is a special proceeding
Jurisdiction / Venue: RTC of last residence of person presumed dead, without prejudice to reappearance
of the absent spouse

SPECIAL PROCEEDINGS
-The reappearing spouse must file an affidavit of reappearance before the court granting the declaration
of presumptive
death
oEFFECTS:
2nd marriage to be declared void
Children of 2nd marriage however would remain to be legitimate
When? Who may petition? What to petition? Jurisdiction? Venue?
S1 R107 provides that when
1.a person disappears from his domicile
2.his whereabouts being unknown
3.and without having left an agent to administer his property or
4.the power conferred upon the agent has expired
An:
1.interested party
2.relative
3.friend
May petition for the appointment of a person to represent him provisionally in all that may be necessary
The petition is to be filed in:
RTC of the place where the deceased last resided before his disappearance
What are the requirements?
S2- Declaration of absence; who may petition
After
-the lapse of 2 years from his disappearance and
o without any news about the absentee or since the receipt of the last news,
-or of 5 years in case the absentee has left a person in charge of the administration of his property,
o the declaration of his absence and appointment of a trustee or administrator may be applied for by
any of the following:
a.The spouse present
b.The heirs instituted in a will, who may present an authentic copy of the same
c.The relatives who would succeed by the law of intestacy
d.Those who have over the property of the absentee some right subordinated to the condition of his
death
S3- Contents of petition
The petition for the
-appointment of a representative, or for
-the declaration of absence and the appointment of a trustee or an administrator,
o must show the following:
a.The jurisdictional facts

SPECIAL PROCEEDINGS
b.The
a.names,
b.ages,
c.and residences
i.of the heirs instituted in the will,
ii.copy of which shall be presented, and
iii.of relatives who would succeed by the law of intestacy
c.The names and residences of creditors and others who may have adverse interest over the property of
the absentee
d.The probable value, location, and character of the property belonging to the absentee
What is the purpose for declaration of absence?
1.For proper representation of the absentee in all his obligations
2.For administration of his property in his absence
What is the period?
Period to petition for declaration of absence (R107 S2):
After:
1.Lapse of 2 years from his disappearance and without any news about the absentee or since the receipt
of the last news, or
2.Of 5 years in case the absentee has left a person in charge of the administration of the property
Period for service of copies of the notice of the time and place fixed for the hearing (R107 S4):
At least 10 days before the day of the hearing, and published once a week for 3 consecutive weeks prior
to the time designated for the hearing, in a newspaper of general circulation in the province or city
where the absentee resides, as the court shall deem best.
Period when declaration of absence takes effect (107 S6):
6 months after its publication in a newspaper of general circulation designated by the Court and in the
Official Gazette.
Remedy of a person declared absent upon reappearance:
1.Open up a trust on property held by third persons
2.As to status, file an affidavit of reappearance before the RTC having jurisdiction over the petition for
declaration of absence
Effect of reappearance of absent spouse:
1.Administration of his property by the appointed administrator in case of his absence shall cease (R107
S8)
2.The property shall be placed at the disposal of those who may have a right thereto (R107 S8)
3.As to the marriage, the subsequent marriage of the present spouse shall be declared void, without
prejudice to the status of the children under the subsequent marriage to remain as legitimate, because
of having considered as conceived within a valid marriage.
a.A petition for declaration of nullity of marriage on this ground has to be filed to that effect (?)
As to the property,

SPECIAL PROCEEDINGS
1.Administration of his property by the appointed administrator in case of his absence shall cease (R107
S8)
2.The property shall be placed at the disposal of those who may have a right thereto (R107 S8)
What is the nature of a petition for declaration of presumptive death?
IN REM
-an action against a thing and not against a person, where a decision made shall be
binding not only to the parties thereto but against the whole world
o Because: with publication requirement
oAffects property rights, relations, status of persons
Do you consider declaration of presumptive death as a special proceeding?
YES!!!!! R72 S1 provides that a special proceeding is a remedy by which a party seeks to establish a
status, a right, or a particular fact. Even though Rule 72 S2 provides for enumerations of special
proceedings, such enumeration is not exclusive. Hence, because declaration of presumptive death is a
remedy by which a party seeks to establish the particular fact of presumptive death, then it is a special
proceeding even if not within the enumeration under S2 R72.
APPEALS IN SPECIAL PROCEEDINGS
(RULE 109)
30 day record on appeal (Rule 40-41)
Except:
Habeas Corpus Cases
-48 hours
o As amended by resolution of SC
What are those subject of appeal?
R109 S1
S1- ORDERS OR JUDGMENTS FROM WHICH APPEALS MAY BE TAKEN
An interested person may appeal in special proceedings from an order or judgment rendered by a RTC
or MTC, where such order or judgment:
a.allows or disallows a will
b.determines who are the lawful heirs of a deceased person, or the distributive share of the estate to
which such person is entitled
c.allows or disallows, in whole or in part, any claim against the estate of a deceased person, or any claim
presented in behalf of the estate to offset to a claim against it
d.settles the account of an executor, administrator, trustee, or guardian
e.constitutes, in the proceedings relating to the settlement of the estate of a deceased person, or the
administration of a trustee or guardian, a final determination in the lower court of the rights of the party
appealing, except that no appeal shall be allowed from the appointment of a special administrator, and
f.is the final order or judgment rendered in the case, and affects the substantial rights of the person
appealing, unless it be an order granting or denying a motion for new trial or for reconsideration

SPECIAL PROCEEDINGS
DECLARATION OF NULLITY OF MARRIAGE, ANNULMENT OF MARRIAGE, LEGAL SEPARATION
(AM
Nullity of Marriage- void ab initio including psychological incapacity, incurable, with psychological
report)
If under A36, specifically allege psychological incapacity in the body of the petition
Prejudicial Question?
DEPENDS.
Dapat, nullity first before criminal case
Civil and Criminal action
DEPENDENT PERSONALITY DISORDER:
(Ascueta vs Republic; Teh vs Teh)
-disorder of a person who cannot make decisions on his own with regard to the marriage (dependent
upon outside interference)
o (REMEMBER: mga mamas boys)
PRINCIPLE OF ANTI SOCIAL DISORDER:
-(di ko sure pano i define, basta yung asa sulok at ayaw makakita ng tao)
PROVISIONAL ORDERS:
-Spousal support
-Custody and support of common children
-Visitation rights
-Administration of ACP/CPG
-Other matters similar requiring urgent action
-Hold departure order
*File together with support order, if respondent, comment on provisional order for support
BOTH may claim psychological incapacity (RP vs Molina), even incapacitated spouse
Not necessarily appearing during celebration of marriage, but appearing after
SALIENT PROVISIONS:
S2- Petition for declaration of absolute nullity of void marriages
a.WHO MAY FILE
A petition for declaration of absolute nullity of void marriage may be filed
-solely by the husband and wife
b.WHERE TO FILE The petition shall be filed
- in the Family Court
c.IMPRESCRIPTIBILITY OF ACTION OR DEFENSE
An action or defense for the declaration of absolute nullity of void marriage
-shall not prescribe.

SPECIAL PROCEEDINGS
d.WHAT TO ALLEGE
A petition under A36 of the Family Code shall
-specially allege the complete facts showing that
o either or both parties were psychologically incapacitated from complying with the essential marital
obligations of marriages at the time of the celebration of the marriage
even if such incapacity becomes manifest only after its celebration.
The complete facts
-should allege the physical manifestations, if any,
o as are indicative of psychological incapacity at the time of the celebration of the marriage
but expert opinion need not be alleged.
S3- Petition for annulment of voidable marriages
a.WHO MAY FILE
The following persons may file a petition for annulment of voidable marriage based on any of the
grounds under A45 of the Family Code and within the period herein indicated:
1.The contracting party
a.whose parent, or guardian, or person exercising substitute parental authority
i.did not give his or her consent within 5 years after attaining the age of 21
unless after attaining the age of 21,
-such party freely cohabited with the other as husband and wife;
or the parent, guardian, or person having legal charge of the contracting party,
-at any time before such party has reached the age of 21
2.The sane spouse
a.who had no knowledge of the others insanity;
or by any relative, guardian, or person
-having legal charge of the insane,
-at any time before the death of either party;
or by the insane spouse
-during a lucid interval or
-after regaining sanity
oprovided that the petitioner, after coming to reason,
has not freely cohabited with the other as husband or wife
3.The injured party
a.whose consent was obtained by fraud,
i.within 5 years after the discovery of the fraud,
provided that said party, with full knowledge of the facts constituting the fraud,
-has not freely cohabited with the other as husband and wife
4.The injured party whose consent was obtained by force, intimidation, or undue influence,
a.within 5 years from the time the force, intimidation, or undue influence disappeared or ceased,
b.provided that the force, intimidation, or undue influence having disappeared or ceased,
i.said party has not thereafter freely cohabited with the other as husband and wife
5.The injured party

SPECIAL PROCEEDINGS
a.where the other spouse is physically incapable of consummating the marriage with the other and
b.such incapability continues and appears to be incurable,
i.within 5 years after the celebration of the marriage, and
6.The injured party
a.where the other party was afflicted with a STD found to be serious and appears to be incurable,
i.within 5 years after the celebration of the marriage
b.WHERE TO FILE
The petition shall be filed with the Family Court
S4- Venue
The petition shall be filed in the Family Court of the province or city
-where the petitioner or the respondent has been residing for at least 6 months prior to the date of
filing,
-or in the case of a non resident respondent,o where he may be found in the
Philippines
at the election of the petitioner.
Requirements of the petition?
S5- Contents and form of petition
1.The petition shall
a.allege the complete facts constituting the cause of action
2.It shall
a.state the names and ages of the common children of the parties and
b.specify the regime governing their property relations,
c.as well as the properties involved
If there is no adequate provision in a written agreement between the parties, the petitioner may
- apply for a provisional order for ospousal support,
o the custody and support of common children,
o visitation rights,
oadministration of community or conjugal property, and
oother matters similarly requiring urgent action.
3.It must be verified and accompanied by a certification against forum shopping. The verification and
certification
a.must be signed personally by the petitioner.
No petition may be filed solely by counsel or through an atty-in-fact
If the petitioner is in a foreign country, the verification and certification against forum shopping
-shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul
general, consul or vice consul or consular agent in said country.
4.It shall be filed in 6 copies.
The petitioner shall serve a copy of the petition on
-the Office of the Solicitor General and
-the Office of the Provincial or City Prosecutor,
o within 5 days from the date of its filing and
o submit to the court proof of such service within the same period.
Failure to comply with any of the preceding requirements
-may be a ground for immediate dismissal of the petition.

SPECIAL PROCEEDINGS
What are the prohibited compromises?
S16- Prohibited Compromise
The court shall not allow compromise on prohibited matters, such as the following:
a.Civil status of persons
b.Validity of a marriage or of a legal separation
c.Any ground for legal separation
d.Future support
e.Jurisdiction of courts
f.Future legitime
Can you file motion to dismiss?
S7- Motion to Dismiss
No motion to dismiss the petition shall be allowed
- except on the ground of lack of jurisdictiono over the subject matter or
o over the parties.
Provided, however, that any other ground
- that might warrant a dismissal of the case
omay be raised as an affirmative defense in an answer.
What is the effect of failure to appear at the pre trial?
S13- Effect of failure to appear at the pre trial
a.If the petitioner fails to appear personally, a. the case shall be dismissed, unless
i.his counsel or a duly authorized representative appears in court
ii.and proves a valid excuse for the non appearance of the petitioner
b.If the respondent has filed his answer but fails to appear,
a.the court shall proceed with the pre trial and
b.require the public prosecutor to investigate the non appearance of the respondent and
c.submit within 15 days thereafter a report to the court stating whether his non appearance is due to
any collusion between the parties.
If there is no collusion,
- the court shall require the public prosecutor
oto intervene for the state during the trial on the merits
to prevent suppression or fabrication of evidence
Service of Summons, Rules:
S6- Summons
The service of summons shall be governed by Rule 14 of the Rules of Court and by the following rules:
1.When the respondent
-cannot be located at his given address or
-his whereabouts are unknown and cannot be ascertained by diligent inquiry,
o service of summons may, by leave of court,
be effected upon him by publication once a week for 2 consecutive weeks in a newspaper of general
circulation in the Philippines and in such places as the court may order.
In addition, a copy of the summons
-shall be served on the respondent at his last known address by registered mail or
o any other means the court may deem sufficient.

SPECIAL PROCEEDINGS
2.The summons to be published shall be contained in an order of the court with the following data:
a.Title of the case
b.Docket number
c.Nature of the petition
d.Principal grounds for the petition and the reliefs prayed for
e.A directive for the respondent to answer within 30 days from the last issue of publication
S8- Answer
1.The respondent shall file his answer
a.within 15 days from service of summons,
b.or within 30 days from last issue of publication in case of service of summons by publication.
The answer must be verified by the respondent himself and not by counsel or attorney in fact.
Remedies in case of adverse decision:
S20- Appeal
1.PRE CONDITION
No appeal from the decision shall be allowed
-unless the appellant has filed a motion for reconsideration or new trial
o within 15 days from notice of judgment.
2.NOTICE OF APPEAL
An aggrieved party or the Solicitor General
-may appeal from the decision by filing a Notice of Appeal
owithin 15 days from notice of the denial of the motion for reconsideration or new trial.
The appellant shall serve a copy of the notice of appeal on the adverse parties.
BASIS: Fresh period rule as provided in Neypes vs CA
Provisional Orders:
Provisional orders which can be applied (S5 AM 02- 11-10-SC):
o spousal support,
o the custody and support of common children,
o visitation rights,
oadministration of community or conjugal property, and
oother matters similarly requiring urgent action
What else?
Rule on Provisional Orders, AM 02-11-12-SC
S6- Hold Departure Order
PROTECTION ORDERS
AM 02-11-12-SC Rule on Provisional Orders in relation to RA 9262 or the Violence against Women and
Children Act
Who may issue? What are those provisional orders?
(RA 9262)
SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders

SPECIAL PROCEEDINGS
(BPOs) refer to the protection order issued by thePunong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex
parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangaywas unavailable at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct
any barangay official to effect is personal service.
The parties may be accompanied by anon-lawyer advocate in any proceeding before the Punong
Barangay.
SEC. 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to the protection
order issued by the court on the date of filing of the application after ex parte determination that such
order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act
and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO. The court shall order the immediate personal
service of the TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits
of the issuance of a PPO.
SEC. 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his
lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of
a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the
court shall allow ex parte presentation of the evidence by the applicant and render judgment on the
basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct
of a respondent even if the same was not directed against the applicant or the person for whom the
applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one
(1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due
to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each
particular time until final judgment is issued. The extended or renewed TPO may be modified
by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of the person in whose favor the order was issued.
The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the
act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.
SEC. 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal
trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the
petitioner: Provided, however, That if a family court exists in the place of residence of

SPECIAL PROCEEDINGS
the petitioner, the application shall be filed with that court.
How applied?
SEC. 11. How to Apply for a Protection Order. The application for a protection order must be in writing,
signed and verified under oath by the applicant. It may be filed as an independent action or as incidental
relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described
in this Act. A standard protection order application form, written in English with translation to the major
local languages, shall be made available to facilitate applications for protections order, and shall contain,
among other, the following information:
a.names and addresses of petitioner and respondent;
b.description of relationships between petitioner and respondent;
c.a statement of the circumstances of the abuse;
d.description of the reliefs requested by petitioner as specified in Section 8 herein;
e.request for counsel and reasons for such;
f.request for waiver of application fees until hearing; and
g.an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the application. When disclosure of the address of the victim
will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall
attest that the victim is residing in the municipality or city over which court has territorial jurisdiction,
and shall provide a mailing address for purpose of service processing.
An application for protection order filed with a court shall be considered an application for both a TPO
and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the application for protection orders in cases brought
to their attention.
Acts covered by protection orders:
(RA 9262)
SEC. 8. Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victims daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection orders
that may be issued under this Act are the barangay protection order (BPO), temporary protection order
(TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:
a.Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Section 5 of this Act;
b.Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
c.Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects

SPECIAL PROCEEDINGS
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;
d.Directing the respondent to stay away from petitioner and designated family or household member at
a distance specified by the court, and to stay away from the residence, school, place of employment, or
any specified place frequented by the petitioner and any designated family or household member;
e.Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to supervise the petitioners or
respondents removal of personal belongingness;
f.Granting a temporary or permanent custody of a child/children to the petitioner;
Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the
income or salary of the respondent to be withheld regularly by the respondents employer for the same
to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;
h.Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take appropriate action on matter;
i.Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;
j.Directing the DSWD or any appropriate agency to provide petitioner may need; and
k.Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
applying for, or the court from granting a TPO or PPO.
SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and
their children is committed through any of the following acts:
a.Causing physical harm to the woman or her child;
b.Threatening to cause the woman or her child physical harm;
c.Attempting to cause the woman or her child physical harm;
d.Placing the woman or her child in fear of imminent physical harm;
e.Attempting to compel or compelling the woman or her child to engage in conduct which the woman or
her child has the right to desist from or desist from conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting the womans or her childs freedom of movement or
conduct by force or threat of force, physical or other harm or threat of physical

SPECIAL PROCEEDINGS
or other harm, or intimidation directed against the woman or child. This shall include, but not limited to,
the following acts committed with the purpose or effect of controlling or restricting the womans or her
childs movement or conduct:
1.Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
2.Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the womans children insufficient financial support;
3.Depriving or threatening to deprive the woman or her child of a legal right;
4.Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victims own mon4ey or properties, or solely controlling the conjugal or common money,
or properties;
f.Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
g.Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
h.Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
1.Stalking or following the woman or her child in public or private places;
2.Peering in the window or lingering outside the residence of the woman or her child;
3.Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
4.Destroying the property and personal belongingness or inflicting harm to animals or pets of the
woman or her child; and
5.Engaging in any form of harassment or violence;
i.Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the womans child/children.
Effect of being a battered wife in case of the children?
RA 9262, S28
A victim who is suffering from battered woman syndrome shall not be disqualified from having custody
of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is
suffering from Battered woman syndrome.
The woman victim of violence shall be entitled to the custody and support of her child/children. Children
below seven (7) years old older but with mental or physical disabilities shall automatically be given to

the mother, with right to support, unless the court finds compelling reasons to order otherwise.
Any other protection orders? Acts?
(see above)
Venue in case of BPO?
SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by thePunong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of filing after ex
parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangaywas unavailable at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct
any barangay official to effect is personal service.
The parties may be accompanied by anon-lawyer advocate in any proceeding before the Punong
Barangay.

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