GUARDIANSHIP

VENUE:
------> Residence of M or I (Rule 92, Section1).
------>Situs of property (if non-resident).

BY WHOM:
RESIDENT (Rule 93, Section 2)
1. -------> Relative, friend, other person on behalf of M or I with no parent or
legal guardian; minor 14 years old up; DSWD; DOH for insane who needs
to be hospitalized.

NON-RESIDENT (Rule 93, Section 6)
------> Relative, friend, anyone interested in his estate.

PARENTS (Rule 93, Section 7)

------> Property of child under Parental Authority.
2K or less = automatic = parents NO COURT AUTHORITY
NEEDED
more than 2K = parents FILE PET.

NOTICE:
------> Persons interested (Rule 93, Section 3) = relatives, persons
having M or I in their care (Section 2 [c]) + minor 14 years old up.
------> Final judgments: LCR + RD (Section 8).

DUTIES: (Rule 96)

1) Pay debts (Section 2).
2) Collect debts, settle accounts, appear in court (Section 3).
3) Inventory 3 months. (Section 7) cf Rule 94, Section 1(a).
4) Manage (Section1[b]).
5) Accounting 1 year (Section 8) cf Rule 94, Section 1(c).
6) Secure court approval for sale/encumbrance (Rule 95, Section 1).

BOND: (Rule 94)

TERMINATION:
------> Emancipation, marriage of M/competence of I
------> Removal: insanity
incapacity
unsuitable
mismanagement
------> Resignation
------> Death
 TRUSTEES

VENUE:
------> Where will is probated: Rule 73, Section 1.
Place of residence at time of death.
Situs of property (if non-resident).
------> Other written instrument.
Situs of property affected (Rule 98, Section 1)
regardless of residence.

BY WHOM:
------> Court motu propio after notice (Rule 98, Sections 2 and 3).
------> Any interested person under the will (Section1).
------> Trustee appointed abroad (Section 4).
------> Trustee appointed in the will (Section 1).

NOTICE:
------> Notice to all persons interested (Sections 2, 3, and 4).

DUTIES: (Section 6: Conditions of bond)

1) Inventory (Par. 9) no period
2) Manage (Par. b)
3) Accounting (Par. c) 1 year.
4) Settle accounts + deliver residue (Paragraph d)
5) Secure court approval for sale/encumbrance (Section 9)
6)
BOND: Rule 98, Section 5

TERMINATION: Rule 98, Section 8

------>who may petition: parties beneficially interested
------>removal : insanity
incapacity
unsuitable
------>resignation


ADOPTION
Domestic (A.M. No. 02-6-02-SC)

VENUE:
------> residence of adopters (Section 6)

BY WHOM: (Section 4)
------> Filipino
 --- legal age = full civil capacity + legal rights.
--- good moral character, has not been convicted of a crime
involving moral turpitude.
--- capable of caring for children.
--- at least 16 years older than the adoptee.
--- can support all children
------> Alien >>> ALL qualifications for citizens + diplomatic relations,
---- Residence at least three continuous (3)years.
---- Certified legal capacity to adopt in own country.
---- Government allows the adoptee to enter country.

------> Guardian : AFTER termination of Guardianship and clearance of

accounts.

(if Husband and Wife: Jointly)

RESCISSION: (Section 19)

------> Adoptee not adopter = power to disinherit (Art. 919 NCC)

VENUE: Residence of adoptee.

TIME: (Section 21) Five years from majority.

INTER-COUNTRY ADOPTION
(R.A. No. 8043 Inter-Country Adoption Act of 1995)

VENUE: (Section 28)

------> FC where M resides or may be found
------> ICA Board directly

BY WHOM: (Section 28)

------> Alien.
------> Filipino permanently residing abroad.

COURT ACTION: (Section 32)

------> If petition sufficient in form and substance = transmit to ICA Bd.
 CHANGE OF NAME
Rule 103

WHO: (Section 1, cf., Section 2)

------>A person desiring change of name or anyone in his
behalf.

WHERE: (Section 1, cf., Section 2[a])

------>RTC where petitioner resides at least 3 years before
filing.

WHAT TO ALLEGE: (Section 2)

1.) Residence at least 3 years prior to filing.
2.) Cause for change sought.
3.) Name asked for.

PROCEDURE: (Sections 3 to 6)
1.) Court finds petition sufficient in form and substance.
2.) Set hearing = ORDER.
a.) Date shall NOT be within 30 days prior to an
election.
b.) Date shall NOT be within 4 months after the last
publication.
3.) Publication - 3 successive weeks.
4.) Hearing Any interested person.
OSG or fiscal for the government.
5.) Judgment Jurisdictional requirements
Proof of truth of allegations.
Reasonable cause for change.
6.) Service of Judgment Parties, LCR, NSO, Civil Registrar,
OSG.
 CANCELLATION OR CORRECTION OF ENTRY
Rule 108

WHO: (Section 1)
------> Any person interested in an act, event, order or decree
concerning the civil status of a person that is recorded in the Civil
Register.

WHERE: (Section 1)
------> RTC where Civil Registry is located.

WHAT MAY BE CANCELLED OR CORRECTED: (Section 2)

Entries about: a.) births; b.) marriages; c.) deaths; d.) legal
separation; e.) annulments of marriage; f.) declaration of nullity of
marriage; g.) legitimations; h.) adoptions; i.) acknowledgments; j.)
naturalization; k.) election, loss or recovery of citizenship; l.) civil
interdiction; m.) judicial determination of filiation; n.) voluntary
emancipation of a minor; o.) change of name.

PARTIES TO IMPLEAD: (Section 3)

------> Local Civil Registrar.
------> Any person who has or claims an interest which would
be affected.

PROCEDURE: (Sections 4 to 7)
1.) Order of hearing.
2.) Notice to LCR and interested persons, OSG or fiscal.
3.) Publication of Order of hearing for 3 consecutive weeks
4.) Opposition within 15 days from notice or last date of
publication.
5.) Order: Either a.) Dismiss or b.) Grant cancellation or
correction.
6.) Service of Order: Parties, LCR, NSO/CRG, OSG/fiscal.
1.)

ADMINISTRATIVE CORRECTION
(RA 9048, as amended by RA 10172)

GENERAL RULE: Correction of entry in Civil Register by judicial

order (Section 1)

EXCEPT: Administrative correction by LCR of:

1.) Clerical or typographical errors.
2.) Change of first name or nickname.
3.) Day and/or month in date of birth.
4.) Sex (Section 1).
5.) Misspelled name or place of birth (Section 2[3]).
6.) Or the like.

------> Visible to the eyes or obvious to the understanding AND can

be changed or corrected only by reference to other existing records.
------> Harmless and innocuous
------> Does not involve nationality, age, status.

WHERE: (Section 3)
------> LCR where record to be corrected is kept.
------> Due to distance, LCR where petitioner is residing.
 ------> Non-resident Filipinos, Philippine Consulate.

WHO: (Section 3)
------> Any person having direct and personal interest.

PROCEDURE: (Section 5)
1.) Affidavit = petition and supporting documents.
------>Page of register to be corrected.
------> 2 documents, public or private, showing correct entry.
------>Other documents required.
2.) Published for 2 consecutive weeks.
3.) Posting by LCR for 10 consecutive days.
4.) Decision within 5 working days after completion of posting and
publication.
5.) CRG has 10 days from receipt to impugn the decision.
6.) If CRG does not impugn, decision final and executory.
7.) If LCR or Consul denies, appeal to CRG or court.