Beruflich Dokumente
Kultur Dokumente
Q: Distinguish an Ordinary action and Special Civil Action from a special proceeding.
A:
Ordinary Action
Special Proceeding
Heard by
jurisdiction
Adversarial
Not adversarial
courts
of
limited
Rules 73-90
Settlement of Estate
of Deceased Persons
Jurisdiction
Venue
1.
2.
1.
Rule 91
Escheat
RTC
163
Rule 98
Trustees
Rule 101
Hospitalization
insane person
Rule 103
Change of name
Rule 108
Rule 107
A.M. No.
00-8-10-SC
Rule 104
RA 9048
of
RTC
Cancellation
or
correction of entries
in the civil registry
Declaration
of
absence and death
Corporate
rehabilitation
Voluntary dissolution
of corporation
Administrative
correction
of
entry/change of first
name or nickname
RTC
RTC
RTC
SEC
Local
civil
general
registry/Consul
Guardianship
Domestic Adoption
Rescission
Adoption
Inter-country
Adoption
RTC
of
civil
Family Court
Family Court
Rule 99
Custody of Minors
Family Court
Rule 105
Judicial Approval of
Voluntary
Recognition of Minor
Natural Children
Family Court
Family
Code
Summary
Proceedings
1.
2.
R.A. 8369
3.
Rule 102
164
Petitions
on
Foster care and
Temporary
Custody
Declaration
of
Nullity
of
Marriage
Cases
of
Domestic
Violence Against
Women
and
Children
Habeas Corpus
Family Court
SPECIAL PROCEDINGS
A.M. No.
03-04-04SC
Habeas Corpus in
Relation to Custody of
Minors
A.M. No.
07-9-12-SC
Writ of Amparo
A.M. No.
08-1-16-SC
A.M. No.
09-6-8-SC
Writ of Kalikasan
SC or any stations of CA
A.M.
No.02-1110-SC
A.M. No.
02-11-11SC
Declaration of nullity
of void
marriage/Annulment
of marriage
Legal Separation
Family Court
Family Court
None
165
Interested parties
The minor if above 14 years of age/incompetent
himself/Interested parties on the property of the ward.
General or special notice may be given.
Biological parents/Solicitor General
Adopter
Biological parents, if any/guardian
Biological parents/guardian if any
To the person to which the writ is directed
Respondent
Respondent
Respondent
Respondent and interested party
Solicitor General/Public Prosecutor
City/Provincial Prosecutor/ Respondent
City/Provincial prosecutor/ Respondent
None
166
Non-Resident
Court of the province/city
wherein he had the
estate
SPECIAL PROCEDINGS
2. VENUE IN JUDICIAL SETTLEMENT OF ESTATE
Q: What is venue?
A: Under the Rules of Court, the province where the
estate of the deceased shall be settled (Cuenco v.
CA, G.R. No. L-24742, October 26, 1973)
Q: Is venue waivable?
A: Yes. Wrong venue is a waivable procedural
defect, and such waiver may occur by laches where
a party had been served notice of the filing of the
probate petition for a year and allowed the
proceedings to continue for such time before filing
a motion to dismiss.
Note: Jurisdiction under Rule 73 does not relate to
jurisdiction per se but to venue. Hence institution in
the court where the decedent is neither an inhabitant
nor had his estate may be waived (Uriarte v. CFI, G.R.
Nos. L-21938-39, May 29, 1970).
the
Principle
of
Preferential
A:
GR: The court first taking cognizance of the
settlement of the estate of the decedent shall
exercise jurisdiction to the exclusion of all
other courts (Sec. 1 of Rule 73.)
The probate court acquires jurisdiction from
the moment the petition for the settlement of
estate is filed with said court. It cannot be
divested of such jurisdiction by the subsequent
acts of the parties as by entering into
extrajudicial partition of the estate (Sandoval
167
2.
3.
2.
168
4.
SPECIAL PROCEDINGS
3. Supervises and controls all acts of
administration
4. Hears and approves claims against the
estate of the deceased
5. Orders payment of lawful debts
6. Authorizes sale, mortgage or any
encumbrance of real estate
7. Orders the payment of taxes and other
charges
8. Directs the delivery of the estate to those
entitled thereto.
A:
A:
To pass upon the issue regarding:
1. Validity of the will (i.e. formalities
required by law)
2. Distribute shares
3. Determine who are the legal heirs
4. Issue warrants and processes to secure
attendance of witnesses
5. Determine and rule upon issues relating
to settlement of the estate, such as
administration,
liquidation,
and
distribution of the estate
6. Determine the following:
a. Heirs of the decedent;
b. Recognition of natural child;
c. Validity of disinheritance effected by
testator;
d. Status of a woman who claims to be
the lawful wife of the decedent ;
e. Validity if waiver of hereditary heirs;
f. Status of each heir;
g. Whatever property in the inventory is
conjugal or exclusive property of
deceased spouse; or
h. Matters incidental or collateral to the
settlement and distribution of the
estate.
B.
A. EXTRAJUDICIAL
SETTLEMENT
AGREEMENT BETWEEN THE HEIRS
BY
SUMMARY SETTLEMENT
OF ESTATE OF SMALL
VALUE
Requires summary
adjudication
Gross value of the estate
must not exceed P10,000
169
Q: What is a bond?
Hearing to be held not less than 1 month nor more
than 3 months from the date of last publication of
notice
2.
2.
3.
4.
170
A:
1.
SPECIAL PROCEDINGS
of satisfying such lawful participation. (Sec. 4, Rule
74)
2.
3.
4.
5.
6.
7.
8.
Amount is jurisdictional;
Summary settlement of estate of small value
is allowed in both testate and intestate
estates;
Available even if there are debts as the court
will make provisions for the payment
thereof.
In accordance with B.P. Blg. 129, the
jurisdiction is vested to the Municipal Trial
Courts.
Instituted by any interested party and even
by a dredirtor of the estate, without the
consent of all the heirs.
The date for hearing, shall be set by court
not less than 1 month nor more than 3
months from date of publication of last
notice and the order of hearing be published
once a week for 3 consecutive weeks in a
newspaper of general circulation.
Notice shall be served upon such interested
persons as the court may direct.
Bond in an amount fixed by the court (not
value of the personal property) conditioned
upon payment of just claims under sec. 4.
171
2.
3.
Q: What are the remedies of the aggrieved party in summary or extrajudicial settlement of the estate?
A:
CLAIM AGAINST THE BOND OR
REAL ESTATE
OF
REOPENING BY INTERVENTION IN
SUMMARY SETTLEMENT
Should be brought within 2 years after settlement and distribution of the estate
It must be availed of within 5 years from the time the right of action accrues.
(Art. 1149, NCC)
Also applicable in judicial proceedings
GR: It is based on an implied or constructive trust which prescribes in 10 years
from the date of registration or date of issuance of certificate of title or from
actual discovery of fraud if the registration was made in bad faith.
XPN: If the plaintiff is in possession of the property and did not pass to innocent
purchaser for value and good faith, action is imprescriptible. (Marquez v. CA,
G.R. No. 125715, Dec. 29, 1998) Also applicable in judicial proceedings.
Upon motion of a person who either:
a. Has a legal interest in the matter in litigation;
b. Has such legal interest in the success of either of the parties, or an interest
against both; or
c. Is so situated as to be adversely affected by the distribution of property in
the custody of the court or of an officer.
Note: May be availed of after judgment but before its finality or appeal by the
aggrieved party.
On grounds of fraud, accident, mistake, and excusable negligence within 60 days
after petitioner learns of the judgment, final order or other proceeding to be set
aside, and not more than 6 months after such judgment or final order was
entered. (Rule 38.) Also applicable in judicial proceedings.
On the ground of fraud which should be filed within 4 years from the discovery
of fraud.
If the order of closure has already become final and executory, the heir must file
an independent civil action of accion reinvidicatoria to recover his deprived
share.
Note: It must be brought within 10 years from the time the right of action
accrues. [Art. 1144(c)]
Also applicable in judicial proceedings.
After the lapse of two years an ordinary action may be instituted against the
distributees within the statute of limitations but not against the bond.
172
SPECIAL PROCEDINGS
C. PRODUCTION AND PROBATE OF WILL
1. NATURE OF PROBATE PROCEEDING
2.
Q: What is probate?
A: Probate is the act of proving before a competent
court the due execution of a will by a person
possessed of testamentary capacity, as well as the
approval thereof by said court, (also known as
Allowance of Will).
3.
4.
3. IMPRESCRIPTIBLE- because of the public policy
to obey the will of the testator
5.
A:
1.
A:
2.
3.
4.
173
Holographic
will
A:
1. Jurisdictional facts:
I. death of the testator and
II. his residence at the time of his death
III. if non- resident, the province where the
estate was left
2. The names, ages and residences of the
heirs, legatees and devisees of the testator
or decedent.
3. The probable value and character of the
property of the estate.
4. The name of the persons for whom letters
are prayed.
5. The name of the person having custody of
the will if it has not been delivered to the
court.
NOTE: But no defect in the petition shall render void
the allowance of the will or the issuance of letters
testamentary or of administration with the will
annexed.
Notarial
will
174
Contested
At least one
witness who
knows the
handwriting and
signature of the
testator explicitly
declares that the
will and
signature are in
the handwriting
of the testator.
(Sec. 5, Rule 76)
1.
2.
SPECIAL PROCEDINGS
Q: What proof is necessary if the testator himself
files the petition for probate of his holographic will
and no contest is filed?
2.
3.
A: The fact that he affirms that the holographic will
and the signature are in his own handwriting shall
be sufficient evidence of the genuineness and due
execution thereof. (Sec. 12, Rule 76)
4.
5.
1.
2.
3.
4.
5.
6.
7.
175
2.
3.
A:
1.
2.
3.
2.
3.
E.
2.
3.
2.
3.
A:
1.
176
Minor;
REMEDIAL LAW TEAM:
ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES
SPECIAL PROCEDINGS
Note: Co-administrators may be appointed for the
benefit of the estate and those interested therein
(Matute v. CA, G.R. No. 26751, Jan. 31, 1969).
2.
3.
4.
5.
1.
2.
2.
3.
177
powers
of
an
6.
A:
7.
1.
2.
3.
4.
5.
SPECIAL
ADMINISTRATOR
Order of Appointment is
interlocutory and hence
not appealable
Cannot pay the debts of
the estate
Appointed when there is
delay in granting letters
testamentary
or
administration
1.
2.
A:
1.
2.
3.
4.
5.
178
SPECIAL PROCEDINGS
the appointment of a special administrator.
(Herrera, Vol. III-A, p. 99, 2005 ed.)
2.
Q: Does the order of preference in the
appointment of regular administrators apply to
the appointment of special administrators?
A: No, but such order of preference may be
followed by the judge in the exercise of sound
discretion (Matias v. Gonzales, G.R. No. L- 13391,
May 25, 1960).
A:
1.
A:
1.
2.
3.
4.
5.
2.
3.
4.
5.
1. Death;
2. Resignation;
3. An administrator who disbursed funds of
the estate without judicial approval.
(Cotia vs. Jimenez, 104 Phil. 960);
4. False representation by an administrator
in securing his appointment (Cabarubbias
vs. Dizon, 76 Phil. 209);
5. An administrator who holds an interest
adverse to that of the estate or by his
conduct showing his unfitness to
discharge the trust (Garcia vs. Vasquez, 32
SCRA 490);
6. An administrator who has the physical
inability and consequent unsuitability to
manage the estate (De Borja vs. Tan, 93
Phil. 167).
179
A:
1.
Q: What is a claim?
A: Claim refers to any debt or pecuniary demand
against the decedents estate.
Q: What is absolute claim?
A: It is one which, if contested between living
persons, would be the proper subject of immediate
legal action and would supply a basis of judgment
for a sum certain.
Q: What is contingent claim?
A: It is a conditional claim, which is subject to the
happening of a future uncertain event. (Buan v.
Laya, G.R. No. L-7840, Dec. 24, 1957)
180
2. STATUTE OF NON-CLAIMS
Q: What is the statute of non-claims?
A: It is a period fixed by the courts for the filing of
claims against the estate for examination and
allowance. (Herrera, Vol. III-A, p. 132, 2005 ed.)
Q: When should claims be filed?
A:
GR: Within the time fixed in the notice which
shall not be more than 12 months nor less than
6 months after the date of the first publication.
Such period once fixed by the court is
mandatory. Otherwise, the claims are barred
forever.
Note: Where an executor or administrator
commences an action, or prosecutes an action
already commenced by the deceased in his
lifetime, the debtor may set forth by answer the
SPECIAL PROCEDINGS
claims he has against the decedent, and mutual
claims may be set off against each other in such
action. (Sec. 5, Rule 86)
2.
181
182
SPECIAL PROCEDINGS
4. PAYMENT OF DEBTS
5.
6.
A: No, because:
1.
2.
2.
3.
2.
3.
4.
2.
3.
2.
3.
183
184
SPECIAL PROCEDINGS
2.
3.
4.
5.
6.
7.
Q: Discuss the process for the distribution of the residue of the estate.
A:
185
A:
GR: Order of distribution shall be made after
payments of all debts, funeral expenses,
expenses for administration, allowance of
widow and inheritance tax. (Sec. 1, Rule 90)
MOTION
TO
SET
ASIDE
THE
DISTRIBUTION- If an heir appears after
the court approved the project of
partition, the heir must file a Motion to
set aside the distribution with the court
so that the court will not proceed with
the distribution of the residue. The
probate court shall determine whether
such heir has a right to participate in the
distribution of the residue. If it is proven
that the heir has a right, the court may
order the revision of the project of
partition for its adjustment.
2.
186
SPECIAL PROCEDINGS
reglementary period, provided the order
of closure has not yet become final and
executory.
3.
XPNS:
1. To satisfy the distributive shares of the
devisees, legatees and heirs in possession
of the decedents assets;
2. To enforce payment of the expenses of
partition; and
3. To satisfy the costs when a person is cited
for examination in probate proceedings.
TRUSTEE
Accounts must be UNDER OATH and filed ANNUALLY
187
Q: Who is a trustee?
A:
1.
2.
3.
4.
5.
188
2.
3.
SPECIAL PROCEDINGS
Q: Can the possession of the trustee of the
property ripen into ownership?
A:
GR: An action to compel a trustee to convey
property registered in his name in trust for the
benefit of the cestui qui trust does not
prescribe. The trustees possession is not
adverse and therefore cannot ripen into title by
prescription.
XPN: Prescription may arise where there is
adverse possession of the property. To
constitute adverse possession, the following
must be present:
1.
2.
3.
Q: What is escheat?
A: It is a French or Norman term meaning chance or
accident. It is the reversion of property to the State
in consequence of want of any individual
competent to inherit.
1. WHEN TO FILE
Q: What are the three instances of escheat?
A:
1.
2.
3.
A:
1.
2.
3.
189
2.
3.
4.
5.
6.
7.
Hearing
Notice to relatives of the ward; and
Careful investigation as to the necessity
and propriety of the proposed action
(Section 5)
190
3.
4.
SPECIAL PROCEDINGS
3. RULE ON GUARDIANSHIP OVER MINOR
A:
1.
2.
3.
4.
5.
A:
1. Any relative;
2. Other person on behalf of the minor;
3. Minor himself is 14 years of age; or
4. Secretary of Social Welfare and
Development AND by the Secretary of Health in
case of insane minor who needs to be hospitalized.
(Section 2, AM-03-02-05-SC)
Q: Is court appointment necessary to enable the
father and the mother to exercise joint legal
guardianship over the person and property of
minor?
A: No. The father and the mother shall jointly
exercise legal guardianship over the person and
property of their minor without the necessity of a
court appointment. In such case, this Rule shall be
suppletory to the provisions of the Family Code on
Guardianship (Section 1, AM -03-02-05-SC)
Q: What would the court do if an issue arises as to
who has the better right or title to the properties
conveyed in the guardianship proceeding?
A:
GR: The issue should be threshed out in a
separate ordinary action as it is beyond the
jurisdiction of the guardianship court.
XPN: When the wards right or title to the
property is clear and undisputable, the
guardianship court may issue an order directing
its delivery or return.
6.
7.
Moral character;
Physical, mental, and psychological
condition;
Financial status;
Relationship of trust with the minor;
Availability to exercise the powers and
duties of a guardian for the full period of
the guardianship;
Lack of conflict of interest with the minor;
and
Ability to manage the property of the
minor (Sec. 5, A.M. No. 03-02-05-SC).
A:
A:
1.
2.
3.
4.
1.
2.
191
Jurisdiction
192
DOMESTIC
Family Court where adopter resides
INTER-COUNTRY
Inter-Country Adoption Board
(Petition may also be filed with Family Court
where adoptee resides; FC to endorse petition
to ICAB)
A foreigner must meet the following
requirements in order to be qualified to adopt
in the Philippines under the Inter-Country
Adoption Act:
a) GR: at least twenty-seven (27) years of
age and at least sixteen (16) years older
than the child to be adopted, at the time
SPECIAL PROCEDINGS
his children in keeping with the means of the
family. The requirement of a 16-year difference
between the age of the adopter and adoptee
may be waived when the adopter is the
biological parent of the adoptee or is the
spouse of the adoptees parent;
2) Any alien possessing the same qualifications
as above-stated for Filipino nationals: Provided,
That his country has diplomatic relations with
the Republic of the Philippines, that he has
been living in the Philippines for at least three
(3) continuous years prior to the filing of the
petition for adoption and maintains such
residence until the adoption decree is entered,
that he has been certified by his diplomatic or
consular office or any appropriate government
agency to have the legal capacity to adopt in his
country, and that his government allows the
adoptee to enter his country as his adopted
child. Provided, further, That the requirements
on residency and certification of the aliens
qualification to adopt in his country may be
waived for the following:
(i) A former Filipino citizen who seeks
to adopt a relative within the fourth
(4th) degree of consanguinity or
affinity;
(ii) One who seeks to adopt the
legitimate child of his Filipino
spouse;
(iii) One who is married to a Filipino
citizen and seeks to adopt jointly
with his spouse a relative within the
fourth (4th) degree of consanguinity
or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after
the termination of the guardianship and
clearance of his financial accountabilities.
of application;
XPN: if the adopter is the parent by nature
of the child to be adopted or the spouse
of such parent, he/she is not required to
meet the above age requirement;
b) If married, his/her spouse must jointly file
for the adoption;
c) With capacity to act and assume all rights
and responsibilities of parental authority
under his national laws, and has
undergone the appropriate counseling
from an accredited counselor in his/her
country;
d) Not convicted of a crime involving moral
turpitude;
e) Eligible to adopt under his/her national
law;
f) In a position to provide the proper care
and support and to give the necessary
moral values and example to all his
children, including the child to be
adopted;
g) Agrees to uphold the basic rights of the
child as embodied under Philippine family
laws, the U.N. Convention on the Rights of
the Child, and to abide by the rules and
regulations issued to implement the
provisions of this Act;
h) 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/her
national laws; and
i) Possesses all the qualifications and none
of the disqualifications provided herein
and in other applicable Philippine laws.
Supervised
Custody
Trial
193
for
Who may
adopted
be
May include
1. Prayer for change of name
2. Rectification of simulated birth
3. Declaration that child is abandoned,
dependent or neglected child or foundling
1. Any child legally declared available for
adoption
2. Legitimate or illegitimate child of a spouse
3. Person of legal age
Supporting
Documents
Publication
Where to
application
file
2. DOMESTIC ADOPTION
a. EFFECTS OF ADOPTION
Q: What are the effects of adoption?
A:
1.
2.
3.
194
N/A
1.
2.
3.
4.
5.
N/A
SPECIAL PROCEDINGS
b. INSTANCES WHEN ADOPTION MAY BE
RESCINDED
Q: What are the grounds for rescission of
adoption?
2.
3.
2.
3.
4.
5.
4.
5.
6.
7.
8.
9.
195
2.
3.
4.
A:
1.
2.
1.
Note: To justify the grant of the petition, the restraint
of liberty must be an illegal and involuntary
deprivation of freedom of action. The illegal restraint
196
2.
SPECIAL PROCEDINGS
3.
4.
2.
3.
4.
5.
197
2.
3.
198
3.
SPECIAL PROCEDINGS
4.
5.
2.
3.
Q: When is a child not allowed to be separated
from the mother?
4.
5.
6.
7.
8.
9.
199
3.
200
SPECIAL PROCEDINGS
Q: What are enforced disappearances?
A: An arrest, detention or abduction of a person by
a government official or organized groups or private
individual acting with the direct or indirect
acquiescence of the government; the refusal of the
State to disclose the fate or whereabouts of the
person concerned or a refusal to acknowledge the
deprivation of liberty which places such persons
outside the protection of law. (Secretary of National
Defense v. Manalo, G.R. No. 180906, Oct. 7, 2008)
1. COVERAGE
Q: What is the scope of the Writ of amparo?
1.
2.
3.
5. CONTENTS OF RETURN
Q: What is the content of the verified return?
A: Within seventy-two (72) hours after service of
the writ, the respondent shall file a verified written
return together with supporting affidavits which
shall, among other things, contain the following:
201
2.
3.
4.
5.
202
SPECIAL PROCEDINGS
12. INTERIM RELIEFS AVAILABLE TO PETITIONER AND RESPONDENT
Q: What are interim reliefs available?
A:
1.
2.
3.
4.
PETITIONER
Temporary protection order;
Inspection order;
Production order;
Witness protection order. (Sec. 14)
Temporary
Protection Order
HOW INITIATED
Upon motion or motu proprio
Inspection Order
Production Order
Witness
Protection Order
RESPONDENT
1.
2.
Inspection order;
Production order. (Sec. 15)
203
2.
5. CONTENTS OF PETITION
Q: What are the contents of the verified petition?
A:
1.
2.
3.
204
5.
6.
SPECIAL PROCEDINGS
6. CONTENTS OF RETURN
A:
1.
2.
3.
2.
8. CONSOLIDATION
Q: What happens when a criminal and/or civil
action is filed after the filing of the petition for
writ of habeas data?
AMPARO
To protect
HABEAS DATA
Literal interpretation
You have the data
KALIKASAN
It is a Filipino word which
means nature in English
205
Rule 102
Writ directed to
the
person
detaining another,
commanding him
to produce the
body
of
the
prisoner
at
a
designated
time
and place, with the
day and cause of
his capture and
detention, to do,
submit to, and
receive whatsoever
the court or judge
awarding the writ
shall consider in
that behalf.
Governing rule
A.M. No. 08-1-16-SC
Description
Remedy available to any person
whose right to privacy in life, liberty
or security is violated or threatened
by an unlawful act or omission of a
public official or employee, or of a
private individual or entity engaged
in the gathering, collecting, or
storing of data or information
regarding the person, family, home
and correspondence of the
aggrieved party.
Coverage
Involves the right
to liberty of and
rightful custody by
the aggrieved
party.
Constitutional right to a
balanced and healthful
ecology.
Rights violated
There is an actual
violation of the
aggrieved partys
right.
There is an actual or
threatened violation of
the aggrieved partys
right.
Habeas Corpus
1.
2.
206
Amparo
There is an actual or
threatened violation of ones
right to a healthful and
balanced ecology involving
environmental damage.
Habeas Data
Who may file a petition
In the following order:
1. Any aggrieved party;
1. Any member of the
2. However, in cases of extralegal
immediate family
killings
and
enforced
2. Any
ascendant,
disappearances:
descendant,
or
a. Any member of the
collateral relative of
immediate family
the aggrieved party
b. Any
ascendant,
th
within the 4 civil
descendant, or collateral
degree
of
relative of the aggrieved
consanguinity
or
party within the 4th civil
affinity
degree of consanguinity
3. Any concerned citizen,
or affinity
organization,
Kalikasan
A
natural
or
juridical
person,
entity authorized
by law, peoples
organization, nongovernmental
organization,
or
any public interest
group accredited
by or registered
with
any
government
agency.
SPECIAL PROCEDINGS
association
institution
If granted by SC or CA:
enforceable anywhere In
the Philippines;
or
Respondent
Public official or employee or a
private individual or entity engaged
Public official or employee in the gathering, collecting or storing
or a private individual or
of data or information regarding the
entity.
person, family, home and
correspondence of the aggrieved
party.
Enforceability of the writ
If granted by RTC:
enforceable only within
the judicial district
Public official or
employee, private
individual or entity.
Enforceable
anywhere in the
Philippines
Docket fees
Payment is required
Note: Rule on indigent
petitioner applies.
Served upon the person to
whom it is directed, and if
not found or has not the
prisoner in his custody, to
the other person having or
exercising such custody
Payment is required.
Petitioner is exempted
from payment
Petitioner is
exempted from
payment
Habeas Corpus
If granted by the SC or
CA: returnable before
the court or any
member or before RTC
or any judge thereof;
If granted by RTC:
returnable before such
court
Respondent
Respondent
Respondent
Habeas Data
Return
If issued by RTC: returnable
If issued by RTC: returnable
before such court;
before such court;
If issued by SB or CA or any
of their justices:
returnable before such
court or to any RTC of the
place where the threat, act
or omission was
committed or any of its
elements occurred;
If issued by SC or any of its
justices: returnable before
such court, or before SB,
If issued by SB or CA or any of
their justices: returnable
before such court or to any
RTC of the place where the
petitioner or respondent
resides or that which has
jurisdiction over the place
where the data or
information is gathered,
collected or stored;
Kalikasan
207
Habeas Corpus
Amparo
Habeas Data
Prohibited pleadings
1.
2.
None
Motion to dismiss;
Motion for extension of time to file opposition,
affidavit, position paper and other pleadings;
3. Dilatory motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross - claim;
6. Third - party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or
interim relief orders; and
12. Petition for certiorari, mandamus or prohibition
against any interlocutory order.
Kalikasan
1.
2.
3.
4.
5.
6.
7.
8.
Motion to dismiss;
Motion for extension of
time to file return;
Motion for
postponement;
Motion for a bill of
particulars;
Counterclaim or crossclaim;
Third-party complaint;
Reply; and
Motion to declare
respondent in default.
Note: In writ of amparo, one rare instance where the SB, notwithstanding its status as a special court, is vested with
jurisdiction co-equal with SC, CA and RTC. Take note that CTA, albeit acting as a special court being in the same rank of
CA and SB, is not vested with jurisdiction to issue writ of amparo.
P. CHANGE OF NAME
1. DIFFERENCES UNDER RULE 103, R.A. 9048 AND RULE 108
Discuss the differences among Rule 103 (Change of Name), R.A. 9048 (Administrative Correction of Clerical or
Typographical Error/Change of first name or nickname) and Rule 108 (Cancellation or Correction of Clerical or
Typographical Error).
208
SPECIAL PROCEDINGS
A:
Rule 103
R.A. 9048
Scope
Rule 108
Correction of or substantial errors
of entries in the Civil Registry/
cancellation of entries.
Nature
Verified petition.
RTC of the province where the
petitioner resides at least 3
months.
CA under Rule 41
Initiated by
Sworn affidavit.
Verified petition.
Where to file
1. Local Civil Registry office where the record
RTC where the corresponding civil
is kept;
registry is located.
2. Consul general.
Where to appeal , in case of adverse decision
Civil Registrar General under Sec. 7 or CA
CA under Rule 41
under Rule 43
Who may file
Petition is filed by the person of legal age who
must have a direct and personal interest in the
correction:
1. Owner of the record;
Any person interested in the act,
2. Owners spouse, children, parents,
event, decree or order concerning
brothers, sisters, grandparents, guardian;
the civil status of persons.
or
3. Anyone authorized by law or owner of the
record.
Who must be notified
Interested parties/Solicitor General need not be
notified.
Publication
Order for hearing in case of change of first
name/nickname shall be published once a week
for 2 consecutive weeks.
Grounds
N/A
209
1. Correction of clerical or
typographical errors in any
entry in civil registry
documents, except
corrections involving the
change in sex, age, nationality
and status of a person; and
2. Change of a person's first
name or nickname in his or
her civil registry.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Births;
Marriages;
Deaths;
Legal separations;
Judgments of annulments of
marriage;
Judgments declaring marriages
void from the beginning;
Legitimations;
Adoptions;
Acknowledgments of natural
children;
Naturalization;
Election, loss or recovery of
citizenship;
Civil interdiction;
Judicial determination of
filiation; and
Change of name. (Sec. 2)
NOTE: Clerical/typographical error refer to an obvious mistake committed in clerical work, either in writing, copying,
transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a misspelled name or place of birth
and the like, and can be corrected or changed only by reference to other existing record or records. [Sec. 2(3) of RA 9048]
Q. ABSENTEES
1. PURPOSE OF THE RULE
1.
2.
3.
4.
5.
6.
210
SPECIAL PROCEEDINGS
2. WHO MAY FILE A PETITION; WHEN TO FILE
Q: Who
absence
trustee?
A:
1.
2.
3.
4.
Spouse present;
Heirs instituted in the will;
Relatives who will succeed by intestacy;
Those who have over the property of the
absentee some right subordinated to the
condition of his death. (Sec. 2, Rule 107)
2.
A:
4.
1.
2.
3.
After 2 years:
a. From his disappearance and without
any news about the absentee; or
b. of the last news about the absentee.
After 5 years If he left an administrator
of his property. (Sec. 2, Rule 107)
5.
Births;
Marriages;
Deaths;
Legal separations;
Judgments of annulments of marriage;
Judgments declaring marriages void from
the beginning;
Legitimations;
Adoptions;
Acknowledgments of natural children;
Naturalization;
Election, loss or recovery of citizenship;
Civil interdiction;
Judicial determination of filiation; and
Change of name. (Sec. 2)
211
212
3.
4.
5.
SPECIAL PROCEEDINGS
6.
A:
1.
2.
3.
4.
5.
2. WHEN TO APPEAL
Q: When should the appeal in special proceedings
be filed?
A:
Special Proceedings
Habeas Corpus
Writ of Amparo
Writ of Habeas Data
Writ of Kalikasan
2.
3.
4.
3. MODES OF APPEAL
Q: What are the modes of appeal, how perfected
and their grounds?
213