Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

Land Title evidence of right of owner or extent of his interest, by which means he can maintain
control and as a rule assert right to exclusive possession and enjoyment of property.
Deed instrument in writing which any real estate or interest therein is created, alienated,
mortgaged or assigned or by which title to any real estate may be affected in law or equity.
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
Types of estates:

1. Freehold estate indicates title of ownership.

a. Fee simple absolute title; conferred without limitation, qualification or restriction

b. Fee tail pass title to grantee & his heirs

c. Life state held for duration of life of grantee

2. Less than freehold estate a right short of title

a. Estate for years lease for a period agreed upon, lessor retains ownership of land

b. Tenancy from period to period lease running from month to month or year to year with
automatic renewal

c. Tenancy at will person is permitted to occupy land of another without stipulation as to period

3 Stages of Development of Legal System of Transferring Titles:

1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
Registration guarantees the title
Recording does not guarantee the title; need to examine other docs
Purpose of Registration:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
Modes of Acquiring Land Titles:
1. Title by public grant conveyance of public land by government to a private individual
2. Title by acquisitive prescription open, continuous, exclusive, notorious possession of a property
3. Title by accretion alluvion
 4. Title by reclamation filling of submerged land by deliberate act and reclaiming title thereto;
government
5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance
6. Title by involuntary alienation no consent from owner of land; forcible acquisition by state
7. Title by descent or devise hereditary succession to the estate of deceased owner
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers;
not transferable except by hereditary succession

Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL CHARACTERISTICS

Advantages:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the
fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours instead of a matter
of days
Purpose of Torrens Law: quiet title to land once registered, owner might rest secure
Persons Bound When Title Not Registered:
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
Procedure in Land Registration Case:
1. Survey of land by Bureau of lands or duly licensed private surveyor
2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by RTC
4. Clerk of court to transmit to Land Registration Authority the application, date of initial hearing
& other pertinent docs
5. Publication of notice of filing of application, date & place of hearing in OG and in newspaper of
general circulation
6. Service of notice contiguous owners, occupants & those who have interest in property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
9. Promulgation of judgment by court
 10. Issuance of decree by RTC decision; Instruct land registration authority to issue decree of
confirmation & registration
11. Entry of decree of registration in Land Titles Administration
12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration book & issuance of the owners duplicate
original certificate of title of the applicant by the Land registration Authority upon payment of
prescribed fees.

CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS

Who may Apply:
1. Those in open, continuous, exclusive, notorious possession of patrimonial property of state
under bona fide claim of ownership since June 12, 1945 or earlier
2. Those who acquired ownership of private land by prescription
3. Those who acquired ownership of private lands by right of accretion
4. Those who acquired ownership in any manner provided for by law
Limitation to Ownership of Land by Corporation:
1. Private lands
2. At least 60% Filipino to acquire private land
3. Restricted as to extent reasonably necessary to enable it to carry out purpose which it was
created
4. If engaged in agricultural restricted to 1,024 ha.
5. Patrimonial property of state
6. Lease for 25 years renewable
7. Limited to 1,000 ha.
8. Apply to both Filipinos & foreign cos.
Form & Contents of Application:
1. In writing & signed by applicant or person duly authorized
2. Description of land
3. Citizenship
4. Civil status
5. Full names & address of occupants & adjoining owners
What to Accompany Application:
1. Tracing cloth plan duly approved by the Director of Lands
2. 3 copies of technical descriptions
3. 3 copies of surveyors certificate
4. All original muniments of title
5. 4 copies of certificate by city/provincial treasurer of assessed value of land
Amendments Allowed & Not Allowed
1. Substantial change in boundaries or increase in area new technical description necessary need
new publication & notice
2. Substitution of name of new owner file motion with court
3. Decrease the area file motion in court
Muniment of Title instruments or written evidences which applicant hold or posses to enable
him to substantiate & prove title to his estate
Transaction Took Place Before Issuance of Decree:
1. Record instrument in Register of Deeds in same manner as if no application was made
2. Present instrument to RTC, motion praying that same be considered in relation to the pending
application
Transaction Took Place after Issuance of Decree:
Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT.

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT

Notice in conspicuous place in land & bulletin board of municipality 14 days before hearing
Hearing within 7 days after publication in OG

25 90 days from date of order

To Whom Notice must be Sent:

1. City/municipal mayor & provincial governor
2. Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries,
Director of Mines
3. Adjoining owners & those who have rights or interest thereto
Requisites of Opposition:
1. Set forth objections to the application
2. State interest claimed by oppositor
General Default
If no person appears and answers within time prescribed
Special Default
Party appears at initial hearing without having filed an answer and ask court for time to file
answer but failed to do so within period allowed.

CHAPTER 5: HEARING & DECREE

Who Conducts Hearing:
1. RTC
2. Refer to referee commissioner
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for judicial
confirmation of Imperfect title under the Public land act
There exist a title to be confirmed
Land applied for belongs to the state
Court may dismiss without prejudice to file new application
Dismiss with prejudice
 Risk to have application denied without losing land
Risk involves loss of land

CHAPTER 6: JUDGMENT & DECREE

Decree issued by land registration authority containing technical description of land; issued
after finality of judgment
1. Decrees dismissing application
2. Decrees of confirmation and registration
Final after 1 year after decree
Unless there in innocent purchaser for value
Subject only to appeal
Once final, cannot be subject to attack, deemed conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected
Amendment after 1 year is allowed creation or extinguishment of new rights; inclusion of new
owners not allowed
Judgment decision of court constituting its opinion after taking into consideration the evidence
submitted
Writ of Possession order to sheriff to deliver the land to the successful party litigant; no
prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
When Writ may not Issue:
Person entered into property after decree- non claimant; had been there for 10 years
Means to Recover Possession:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
Res Judicata:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
Remedies Available to Aggrieved Party in Registration Proceedings:
1. Motion for new trial must be brought within 15 days from notice of judgment
2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded
3. Newly discovered evidence which could not be discovered & produced at trial
4. Evidence insufficient to justify decision, decision is against the law
5. Appeal must be brought 15 days from notice of judgment
 6. Review of decree of registration available to party deprived of day in court; became non-party
due to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts
intended to deceive; will no longer prosper if already transferred to innocent purchaser for
value
7. Plaintiff is owner of land registered in name of defendant
8. Registration procured through actual fraud
9. Property has not issued to innocent purchaser for value
10. Action is filed within 1 year after issuance of decree of registration
11. Relief from judgment 60 days 6 months after entry of order; available to party to case, FAME;
after judgment; person deprived of right is party to case
12. Reconveyance action in personam; available so long as property not passed yet to innocent
purchaser for value; bad faith or with notice of defect
13. Recovery for damages
14. Person is wrongfully deprived of his land by registration in name of another actual or
constructive fraud
15. No negligence on his part
16. Barred/ precluded from bringing an action
17. Action for compensation has not prescribed

CHAPTER 7: CERTIFICATE OF TITLE

Torrens Title certificate of ownership issued under the Torrens System of registration by the
government through road naming & declaring owner in fee simple of property described therein
free from all liens except those expressly noted.
Process:
1. Within 15 days from finality of order of judgment directing registration of title court to order
Land registration Admin to issue decree of registration and certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT signed by
Administrator, entered & file decree of registration in LRA
4. Send to Register of Deeds original & duplicate of title & certificate for entry in his registration
book
5. Enter in record book, dated, signed, numbered & sealed take effect upon date of entry
6. Register of Deeds to send notice to registered owner ready for delivery after payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order.
Action for Partition, Splitting or Consolidation of Titles:
1. Splitting or consolidation ordinary Register of Deeds level, no court involved
2. Subdivision plan approval of NHA, final approval of LRA, then Register of Deeds to issue
memorandum that streets not to be disposed except by way of donation to govt. shall be
effected without approval of NHA.
Annotations at Back of Certificate need court order; otherwise null & void
 CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
Operative Act registration by owner; deed not registered binding only between parties
Process of Registration:
1. File instrument creating or transferring interest and certificate of title with Register of Deeds
2. Owners duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
Voluntary dealings
Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings
No presentation required; sufficient that annotation in entry book is sufficient
Formal requisites of a deed:
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation:

a. Register of Deeds to keep an entry book day book

b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year,
month, day, time, minute of reception of instrument; Registered from time of entry

c. Fees of 5 bucks per document to be paid within 15 days

d. Note memorandum & sign & issuance of certificate

e. Documents are numbered & indexed & indorsed with reference to certificate of title public
records

f. Subject to reasonable regulation

Cost borne by vendor.

CHAPTER 9: REAL ESTATE MORTGAGE

Real Estate Mortgage real property/real rights secures fulfillment of an obligation
Kinds:
1. Conventional agreed upon by parties
2. Legal Created by operation of law
3. Judicial results from a judgment
4. Equitable pacto de retro in form but mortgage in essence
Essential Requisites:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
Special Characteristics:
1. Subject matter is realty
2. Real right attaches to property wherever it is & whoever holds it
3. Accessory presupposes existence of valid principal obligation; cannot stand alone
4. Indivisibility even if debt is divisible; mortgage is not
5. Inseparability mortgage lien is inseparable from property
6. Retention of possession mortgagor retains possession
Pacto de Retro Equitable Mortgage
1. Price of sale with right to repurchase is usually inadequate
2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another instrument extending period /granting
new period is executed
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
6. Real intention of parties is that transaction shall secure payment of debt or fulfillment of other
obligation
Real Mortgage Chattel Mortgage

Subject matter is real property Subject matter is movable

May be in private document provided there

Public document only is affidavit of good faith

Right of redemption for 1 year No right of redemption

Deficiency can be recovered Deficiency cannot be recovered

Execution & Registration

1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon registration
3. Present deed of mortgage together with owners duplicate
4. Payment of fees
5. Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum
date, time of filing, signature, file number assigned to deed
6. Register of Deeds to note on deed the date & time of filing & reference to volume & page of
registration book in which it was registered
7. No duplicate need be issued
Subject Matter
Real property plus all its accessions unless contrary is stipulated
Future property without legal effect
Future improvements deemed included
Fruits & rents of mortgaged property deemed included
Continuing credit secured by mortgage valid
Forms:
1. Private document void & inexistent
2. Public instrument but not recorded binding between parties but not 3rd persons without notice
3. Public document & registered valid & binding to 3rd parties
May Mortgage be Registered Without Duplicate Title: Yes
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered
owner:
1. Stating that mortgage has been registered
2. Requesting that owners duplicate be produced so that memorandum be made thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may
enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
1. May be further alienated stipulation to contrary is void
Assignment must also be registered since registration is operative act to affect land
If not recorded valid as to parties but not to 3rd parties, right not protected against somebody
who registers & procures better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
1. May be further mortgaged stipulation to contrary is void
1. Pactum commisorium not allowed
1. Property is mortgaged
2. There is stipulation for automatic appropriation
1. Discharge
Execute public document canceling or releasing mortgaged in form prescribed by law
Present instrument with Register of Deeds where land lies together with owners duplicate for
registration
Memorandum of cancellation is annotated on duplicate & original
When Mortgagor Dies
1. Abandon security & prosecute his claim by sharing in general distribution of assets of the estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
Parties in Foreclosure Suit: all persons claiming interest subordinate in right to mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property lies
Foreclosure

1. JUDICIAL
 Mortgagee to petition in court for foreclosure
Court to render order for debtor to pay sum due within 90 days and if not paid from date of
service, property be sold at public auction
Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial foreclosure
File with Register of Deeds final decree of court confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of mortgagor not to be cancelled but
memorandum shall be entered upon the certificate duplicate & original
After expiry of 1 year redemption period & no redemption, title is consolidated to new owner
Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
If there is redemption, memorandum to be annotated on certificate of title

2. EXTRA-JUDICIAL

Allowed only if stipulation between party authorizes extra-judicial foreclosure

Cannot be made legally outside of city where land lies
Publication required: post notices for 20 days in 3 public places where property lies & if property
is more than P400.00, publication must be for 3 consecutive weeks in news paper of general
circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding
3,000.00
Registration of sale in Register of Deeds:
1. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly
stating the date, time, place of sale, names of creditor & debtor, description of property, name
of highest bidder, selling price
2. Present in Register of Deeds where land lies
3. Memorandum on back of certificate is made
4. After expiration of 1 year of redemption period title is consolidated if no redemption
exercised: purchaser to file with Register of Deeds the deed of sale & sworn statement attesting
to fact that there is no redemption
5. New certificate of title issued in favor of vendee
6. If redeemed notice of redemption shall be registered & accomplished by way of memorandum
on proper certificate of title
Right of Redemption
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
To be exercised within 1 year after registration of sale
Right to Deficiency allowed

CHAPTER 10: CHATTEL MORTGAGE

Chattel Mortgaged personal property is registered with Register of Deeds to secure performance
of an obligation
Subject Matter: movables
Deed of Mortgage:
Requires only description to enable parties & other persons to identify the subject matter
Registration of Chattel Mortgage
1. Execution of document
2. Payment of fees
3. Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages &
other instruments relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed form the essential contents of the
instrument in the Chattel Mortgage Register (complementary process)
Effect of Registration:
1. Creates a lien attaches to the property whoever holds it; binding on subsequent purchasers
2. Constructive notice
Sale of Chattel Without Consent of Mortgagee void; criminal act
Effect of Failure to Register:
Valid between parties but void against 3rd persons
If instead of registration, it is delivered it shall be a pledge & not chattel mortgage (if no
chattel mortgage deed executed)
Actual knowledge is same effect as registration
Affidavit of Good Faith: Statement That
1. Mortgaged is made to secure obligation specified
2. Valid & just obligation
3. Not entered into for purpose of fraud
Effect of Absence of Affidavit of Good Faith:
Vitiates mortgage as against creditors & subsequent encumbrances
Valid as between parties
No need to be in public document
Assignment of Mortgage
No need to be registered, permissive only & not mandatory
Cancellation of Chattel Mortgage
Mortgagee to execute a discharge of the mortgage in manner provided by law
Foreclosure of Mortgage
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where property is to be sold
designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
 4. 30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been
recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
7. Cost of sale
8. Amount of obligation
9. Subsequent mortgages
10. Balance mortgagor
Recovery of Deficiency: Allowed

CHAPTER 11: LEASE

Lease one of parties deliver possession of property to another who is obliged to pay rent for use
of such property.
Registration of Lease
1. File with Register of Deeds the instrument creating lease together with Owners Duplicate of
certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
When Prohibition in Mortgaged Property as regards Subsequent Conveyances, etc.: Leasehold
cannot be registered in the title thereof.
Effect of Registration:
1. Creates a real right but without prejudice to rights of 3 rd persons
2. If not registered valid as between parties but not to 3rd persons without notice
Registration lessor not required to initiate; lessee shall initiate
Aliens:
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
Who Else May Register: Builder in Good Faith

CHAPTER 12: TRUSTS & POWERS OF ATTORNEY

Trust obligation of a person to whom legal title to property is transferred to hold the property
according to confidence reposed in him
2 Kinds:
1. Expressed need to be in writing; cannot be proved by parole evidence
2. Implied exist by operation of law; can be proved by parole evidence
3. Property is bought but paid by another party
4. Donation is made but donee have no beneficial interest thereon
5. Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
6. Land passes by succession to a person but legal title is put in anothers name
 7. 2 persons purchase property but placed only in ones name
8. Guardian uses funds of ward to buy property
9. Property is acquired thru mistake or fraud
Power of Attorney authority granted to a person to dispose ones property.
Trust Differentiated from Power of Attorney
1. Trust has 3 parties while power of attorney has 2 parties
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal
Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust with description of land &
reference to number of certificate shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the trust
Appointment of Trustee by Court
Certified copy of decree shall be presented to Register of Deeds & surrender duplicate
certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds

ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST

Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon repudiation

CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND

Involuntary Dealings transactions affecting land in which cooperation of registered owner is not
needed: it may even be against his will
Attachment
A writ issued at the institution or during progress of an action commanding the sheriff to attach
the property, rights, credits or effects of the defendant to satisfy demands of the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed
with Register of Deeds where land lies, containing number of certificate of title of land to be
affected or description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or name of person
whom property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to registered owner by mail stating that
there has been registration & requesting him to produce duplicate so that memorandum be
made
5. If owner neglects or refuses Register of Deeds shall report matter to court
 6. Court after notice shall enter an order to owner to surrender certificate at time & place to be
named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register of
Deeds produces effect of registration already.
Effect of Registration of Attachment:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments one that is earlier in registration is preferred
4. If not registered actual knowledge is same as registration
Duty of Register of Deeds
Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or possible future interest in land
3. Unless: heir
Properties Exempt From Execution: Family Home
Attachment How continued, reduced or discharged
Any method sufficient in law
Document to be registered
1. EXECUTION SALE
To enforce a lien of any description on registered land, any execution or affidavit to enforce
such lien shall be filed with Register of Deeds where land lies
Register in registration book & memorandum upon proper certificate of title as adverse claim or
as an encumbrance
To determine preferential rights between 2 liens: priority of registration of attachment
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to be
heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a public &
conspicuous place in place wherein property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their rights: due
process must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
Procedure of Registration of Tax Sale:
1. Officers return shall be submitted to Register of Deeds together with duplicate title
2. Register in registration book
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance
4. After period of redemption has expired & no redemption (2 years from registration of auction
sale) cancellation of title & issuance of new one
 5. Before cancellation, notice shall be sent to registered owner: to surrender title & show cause
why it shall not be cancelled
Actual Knowledge is Equivalent to Registration
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom acquired, how acquired,
no of certificate of land, name of registered owner, description of land in which right/interest is
claimed signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same claimant

CHAPTER 14: REGISTRATION OF LIS PENDENS

Purpose: keep subject matter within the power of the court until the entry of final judgment
Therefore creates merely a contingency & not a liens
Effect of Registration:
1. Impossibility of alienating the property in dispute during the pendency of the suit may be
alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued
Cancellation of Lis Pendens:
1. Before final judgment court may order cancellation after showing that notice I sonly for
purpose of molesting an adverse party or it is not necessary to protect rights of party who
caused it to be registered
2. Register of Deeds may also cancel by verified petition of party who caused such registration
3. Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is
registered
Notice of Lis Pendens is an Involuntary Transaction
Sufficient that there is entry in day book
Other Parties who Need to Register:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
Duty of the officer serving notice to file copy of notice to Register of Deeds where the property
of debtor lies
Assignee elected or appointed by court shall be entitled to entry of new certificate of registered
land upon presentment of copy of assignment with bankrupts certificate of title (duplicate)
New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
Judgment / Order Vacating Insolvency Proceedings
Order shall also be registered
 Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate
2. GOVERNMENT IN EMINENT DOMAIN
Copy of judgment file in Register of Deeds which states description of property, certificate
number, interest expropriated, nature of public use
Memorandum shall be made or new certificate of title shall be issued

CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE

When Owner of Property Dies testate or intestate,
Administrator shall file with Register of Deeds registration of property in his name to be vested
with ownership as trustee so he can sell, etc, convey, etc
Not necessary if already empowered in the will
When Judicial Proceeding Not Necessary
Heirs may partition estate immediately & no need to be burdened with cost/expenses of an
administrator
1. In absence of debts
2. Heirs are all of legal age
Partition / Settlement of Estate
1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed with
Register of Deeds
Each owner to gave separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name
upon presentment of order confirming sale
2. EXTRAJUDICIAL
3. Decedent died intestate
4. No debts
5. Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of Deeds
If disagree with each other, file in court ordinary action for partition
If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with
Register of Deeds
If there is movables involved, bond to be filed equivalent to value of property as certified under
oath by parties conditioned upon payment if any just claim which may be filed by creditor within
2 years after distribution
Publication in newspaper of general circulation for 3 weeks; not binding to those without notice
Final after 2 years
Oral Partition, When Deemed Valid
In provinces when person dies leaving property not covered by Torrens system to avoid legal
expenses, heirs make a list of property, pay off debts & assign to each
Statute of frauds do not operate because it is not a conveyance but a separation of property
and designation of part which belongs to them
Wills and Letters of Administration
 Executor required to file with Register of Deeds a certified copy of his letters of administration
or the will if there is a will in order that Register of Deeds may register upon certificate a
memorandum with reference to file no & date of filing
Court Authority Needed in Order to Sell
1. May be dispensed with if will empowers him sell
2. Without authority first secured, heir may sell subject to result of pending administration

CHAPTER 16: ASSURANCE FUND

State creates a fund for the compensation of persons injured by divesting/cutting off of rights
due to the indefensibility of title; following that act of registration is operative act by which
State transfers title; created to relieve innocent persons from harshness of doctrine that
certificate of title is conclusive evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to Register of Deeds
based on assessed value of land as contribution to assurance fund; if no assessment yet, sworn
declaration of 2 disinterested persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000,
excess shall be paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget.
Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage
by loss of land; in short he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
1. Omission, mistake, misfeasance of Register of Deeds or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence, omission of Register of Deeds, etc
Register of Deeds and National Treasurer as defendants; Sol-Gen must appear
2. Private persons involved should also be impleaded
Liability:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights of plaintiff to go against other parties or
securities
Measure of Damages:
 Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other
funds available to Treasury even if not appropriated
Where and When to File Action against Assurance Fund:
1. Any court of competent jurisdiction RTC in city where property lies or resident of plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned has additional 2 years after disability is removed to
file action notwithstanding expiration of regular period

CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

1. Lost Duplicate Certificate
Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum that it is issued
in place of lost certificate (duplicate)
If false statement: complex crime of estafa thru falsification of public document
2. Adverse claim in registered land
Whoever claims a better right or interest in a land adverse to the registered owner shall make
written statement alleging his right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because no access
Contracts of lease, contract to sell but prescription and money claims are not allowed
Purpose: measure designed to protect the interest of a person over a property where
registration is not provided for by the land registration act; serve as notice and warning to
persons subsequently dealing on said land
Different with lis pendens: permanent; can only be removed after hearing is done but adverse
claim is only for 30 days: lis pendens notice that property is in litigation; adverse claim;
somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order

3. Petition Seeking Surrender of Duplicate Title

 In voluntary and involuntary conveyances when duplicate cannot be produced, petition in court
may be filed to compel surrender of certificate of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate; new
certificate shall contain annotation re annulment of old certificate

4. Amendment and Alteration of Certificate of Title

A certificate of title cannot be altered, amended except in direct proceeding in court; summary
proceeding
Entries in registration books also not allowed to be altered except by order of the court
Grounds:
1. New interest not appearing on the instrument have been created
2. Interest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered land has dissolved and has not conveyed the property within
3 years after its dissolution
What corrections are permitted in title (which does not include lands included in original;
technical description as long as original decree of registration will not be reopened and rights or
interest of persons not impaired; old survey was incorrect; substitution of name of registered
owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes

5. Reconstitution of original certificate of tile

As consequence of war records have been destroyed
When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days
before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Lack of essential data fatal

6. Transaction evidenced by lost document how registered

Register of Deeds forbidden to effect registration of lost or destroyed documents
Steps by interested parties:
 1. Procure authenticated copy of lost or destroyed instrument
2. Secure an order from court

CHAPTER 18: FEES, OFFENSES, PENALTIES

In connection with original and subsequent registration of lands payable to Clerk of court,
Register of Deeds, sheriff
Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees
due payable within next 15 days
Offenses:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years
or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of
Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of Deeds is forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not
encumbered; deceitful disposition of property as free from encumbrance: imprisonment of 3
years or fine not exceeding 2,00 or both at discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS

Public Lands all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable public agricultural land
Public land may be alienated, conveyed to private person.
Procedure:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does not take effect as
conveyance if unregistered, it is registration which is operative act of conveying land; evidence
of authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the purview of the
Torrens system
Nature of Title to Public Lands conveyed: Indefeasible and Conclusive
 In absence of registration, title to public land is not perfected and therefore not indefeasible
In case of 2 titles obtained on same date one procured thru decree of registration is superior
than patent issued by director of lands
2 titles procured by one person one from homestead patent, one from judicial decree & sold to
2 diff persons, one who bought it for value and in good faith & one who register first shall have
preference.
Classification of Land of Public Domain:
Classification is exclusive prerogative of executive & not by judiciary
Anyone who applies for confirmation of imperfect title has burden of proof to overcome the
presumption that the land sought to be registered forms part of public domain (Regalian
doctrine).
Under the Constitution:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
Under the Public Land Act:
1. Alienable/disposable
2. Agricultural
3. Residential, commercial, industrial
4. Educational, charitable
5. Town sites and for public and quasi-public uses
6. Timber lands inalienable
7. Mineral lands inalienable
If patent or title is issued void ab initio for lack of jurisdiction
Not subject to acquisitive prescription; even if in possession for long time, will not ripen into
ownership
Except: mineral lands and forest lands acquired before inauguration of Commonwealth in
November 15, 1935; vested rights which are protected.
Fishponds

Before: included in definition of agriculture, conversion of agricultural land to fishponds does not
change character of land

Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased
from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of
judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
Modes of Alienating Public Lands:
1. Homestead settlement
 2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of
public lands to encourage people to cultivate; government furnishes the applicant with tolls plus
cash allowance to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public land thru
open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership
since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive
title, without default on their part provided they have occupied since their application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title;
can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance
of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of distribution of public lands may arise & this
must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration
does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable agricultural land to destitute
citizens for their home and cultivation
 As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for
speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee &
approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
Homesteader
If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit

CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS

Purpose:
Another means to bring lands under operation of Torrens System
Ordinary registration is slow for lack of initiative on part of landowners, innovation was
conceived to hasten and accelerate registration
Government initiates that all lands within a stated region are up for registration whether or
not owners are interested to settle their titles
Nature of Proceedings:
In rem
No defendant & no plaintiff
Compulsory
Procedure:
1. Cadastral survey
In opinion of Phil president pursuant to requirement of public interest, title of land within a
specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
 Director gives notice to persons claiming interest in lands & to gen public of day of survey
published in OG and posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2. Filing of petition
After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. Publication of notice of hearing
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation &
copy mailed to person whose address is known & other copies posted in conspicuous place
designated bylaw
4. Filing of answer
Any person claiming interest in any part of lands subject to petition is required to file answer
Answer must give the ff details:
1. Age of claimant
2. Cadastral number of lot claimed
3. Name of barrio or municipality where lot is located
4. Name of owners of adjoining lots
5. If in possession & without grant no of years in possession
6. If not in possession state interest claimed
7. If assessed of taxation assessed value
8. Any encumbrances affecting said lots
9. Hearing of case
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6. Decision
Claimants are notified of decision
7. Issuance of decree and certificate of title
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such certificate
Nature of Title Covered by 2 Acts:
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
Land Already Registered
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
 Revision of decree allowed when substantial rights are not impaired; what is prohibited is
registered land to be registered again in name of another
Jurisdiction subsist to all incidental matters
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
CADASTRAL ORDINARY

Party
Initiating Government Private Individual

Subject Matter Private and Public Private Lands

Government does not assert

ownershipInterested only in
Ownership settlement of titles Ownership is Asserted

Government undertakes survey and

Survey advances expenses On account of owner

Applicant has another chance to

In absence of successful claimant, claim is dismissal is without
As to risk property goes to government prejudice

When can Cadastral Proceedings may be Opened

10 years up to Dec 31, 1968
Unable to file their claim even while in possession granted right to petition for reopening of
proceedings provided such were not alienated, leased or disposed by government
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver Possession
Provisions of land registration act applicable to cadastral proceedings

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3 rd person
prior to registration (limited effect to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal

Source:
Civil Law (Land Titles) Memory Aid
Ateneo Central Bar Operations 2001
Domestic Adoption
1. What is Adoption?

Adoption is a juridical act which creates between two persons a relationship similar to that which
results from legitimate paternity and filiation. (4 Valverde 473)

2. What is Domestic Adoption?

Domestic Adoption is an adoption proceeding which is not inter-country. An inter-country adoption is

an adoption proceeding which involves the adoption of a Filipino child by foreign nationals and Filipino
citizens who are permanently residing abroad.

3. I am a mother of five children and expecting another one on the way. My sister cannot
bear children. Due to financial difficulties, I offered my sister the idea of adopting my sixth
child. My sister agreed. After I gave birth to a child, we executed a notarized Adoption
Agreement. Was the adoption valid?

No, adoption proceedings in the Philippines are always judicial. A mere agreement between the
adopter and the biological parents of the child without a judicial decree is not valid. (Rule 99, Rules
of Court) To establish the relation, the statutory requirements must be strictly carried out, otherwise,
the adoption is an absolute nullity. (Lazatin v. Campos, 92 SCRA 250)

4. Who may adopt?

1) Any Filipino citizen who is of legal age, possessing full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least sixteen years older than the person to be
adopted, and who is in a position to support and care for his/her children in keeping with the means of
the family;
2) Any alien who possesses the same qualifications above stated for Filipino nationals, provided:
a) The alien's country has diplomatic relations with the Republic of the Philippines;
b) The alien has been living in the Philippines for at least three (3) continuous years prior to the filing
of the application for adopted and maintains such residence until the adoption decree is entered;
c) The alien has been certified by the diplomatic or consular office or any appropriate government
agency that he/she has legal capacity to adopt in his/her country;
d) That the alien's government allows the adoptee to enter the alien's country as his/her son or
daughter. (Section 7, RA 8552)

5. Who may be adopted?

(a) Any person below eighteen (18) years of age who has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has been consistently considered and
treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died: Provided, that no proceedings shall be
initiated within six (6) months from the time of death of said parent(s). (Section 8, RA 8552)

6. Who is a child declared available for adoption?

A child who has been voluntarily or involuntarily committed to the Department of Social Welfare and
Development (DSWD) or to a duly licensed and accredited child-placing or child-caring agency, freed
of the parental authority of his/her biological parents or guardian or adopters in case of rescission of
adoption.
7. My husband, A, and I are best friends with our neighbors, B and C. They have a child, E.
Whenever B and C are out of town on business trips, they leave E with us. A is an OFW
working in Dubai. During B and C's trip to the US, their plane met an accident and both of
them died. Since A is out of the country, I filed a petition to adopt E. I attached to the
petition A's Affidavit of Consent. Will the petition prosper?
No, the petition will not prosper. The rule is that the husband and wife must jointly adopt save for
certain exceptions. (Section 7(4), New Rule on Adoption) This is mandatory because they both
shall exercise joint parental authority over the adopted. Since an adopted child will be elevated to the
level of a legitimate child, it is natural to require that the spouses adopt jointly. The Affidavit of
Consent alone of the other spouse will not suffice to prove the latter's consent to the adoption. (In re:
Petition for Adoption of Michelle and Michael Lim, GR Nos. 168992-93, 21 May 2009)

8. What are the instances when the husband or the wife may adopt on his or her own?

Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other; or
(3) When the spouses are legally separated.

9. Whose consent is necessary to the adoption?

The written consent of the following is required:

(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted. (Section 9, RA 8552)

10. What is the procedure for domestic adoption?

A petition shall be filed at the Family Court of the province or city where the prospective adoptive
parents reside. (Section 6, New Rule on Adoption) Thereafter, an Order shall be issued by the
Court that includes a directive for the publication of the Petition on a newspaper of general circulation
and a directive for the court social worker to conduct a home study report.

The Court-appointed social worker shall thereafter conduct the home study and submit the report.
During the hearing, the petitioner and the adoptee must personally appear and the former must
testify before the presiding judge of the court. (Section 12-14, New Rule on Adoption)

11. What must the Petition contain?

The Petition must be verified and must allege the jurisdictional facts and that the petitioner
possesses all the qualifications laid out in Section 7(1) of RA 8552. A certification of non-forum
shopping shall be included therein.

If the adopter is the legal guardian of the adoptee, the Petition must allege that the guardianship
has been terminated and the guardian had cleared his financial accountabilities.

If the adopter is married, the spouse must be a co-petitioner for joint adoption except for
circumstances enumerated in Number 10. (Section 7, New Rule on Adoption)

12. Will the contents of the Petition be the same if the petitioner is a foreigner?

In addition to the requirements discussed in Number 13, the Petition must also allege that the alien
possesses all the requirements laid out in Section 7(b) of RA 8552 (refer to Number 4(2)).
13. Are there any documents that I should produce to support my Petition for adoption?

Yes, the following documents shall be annexed to the Petition:

(1) The birth or baptismal certificate and school records showing the name, age and residence of the
adoptee;
(2) Affidavit of Consent of the following persons:
a) The adoptee, if he/she is 10 years old or older;
b) The biological parents of the adoptee or the legal guardian or the child-placement agency, child-
caring agency or the government instrumentality which has legal custody of the child;
c) The legitimate and adopted children of the adopter and the adoptee who are 10 years old or older;
d) The illegitimate children of the adopter who are living with him and who are 10 years old or older;
e) The spouse of the adopter or adoptee
(3) The child study report on the adoptee and his biological parents;
(4) If the petitioner is an alien, the certification from his diplomatic or consular office certifying the
requirement in Section 7(c) and (d) of RA 8552
(5) Home study Report on the adopters;
(6) The decree of annulment, nullity or legal separation of the adopter, if any (Section 11, New Rule
on Adoption)

14. What if I would also like to change my prospective child's last name so that he could
carry my last name?

If a change of name shall be included in your Petition's prayer, such cause must also be specifically
stated at the heading. The heading of the initiatory pleading must state whether the petition contains
an application for change of name, rectification of simulated birth, voluntary or involuntary
commitment of children, or declaration of child as abandoned, dependent or neglected.

15. When will a Decree of Adoption be issued?

A Decree of Adoption shall be issued when the Court is satisfied that the adoption shall redound to
the best interest of the adoptee after considering the evidence adduced by the petitioner and the
results of the supervised trial custody. The decree shall take effect as of the date the original petition
was filed.

16. What are the effects of adoption?

All legal ties between the biological parents and the adoptee shall cease and be vested upon the
adopter/s. The adoptee shall be considered the legitimate child of the adopters and shall be entitled to
all the rights and obligations of a legitimate child. In addition, the adopted child/children shall inherit
the same or equal to that of the legitimate children's share in the adopter's estate should the latter die
intestate. (Section 16-18, RA 8552)

17. My husband and I adopted A since his parents died and he has no known living relatives
anymore. We did not know A that much but his parents are very close to us. He seemed like
a sweet and charming boy. However, after only 2 months with us, A became rebellious and
spoiled. He disrespects us and tells us that we are not his true parents anyway. May we
rescind the adoption and place him in an orphanage instead?

No, you may not rescind the adoption. Adoption is for the best interest of the child therefore it
cannot be subject to rescission by the adopter. An adopter's recourse would be to disinherit the
adoptee based on any ground provided in Article 919 of the Civil Code. However, your circumstance
does not fall in any of the grounds provided therein.

On the other hand, the adoptee, who is at least 18 years old or assisted by the Department of
Social Welfare and Development (DSWD) or his guardian or counsel if he is a minor or incapacitated,
may rescind the adoption by filing a verified petition for such purpose. The adoptee may rescind the
adoption based on the following grounds when committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;
2attempt on the life of the adoptee;
3)sexual assault or violence; or
4)abandonment or failure to comply with parental obligations. (Section 19, New
Rule on Adoption)
 The Lawphil Project - Arellano Law Foundation
NEW RULE ON ADOPTION

RULE ON ADOPTION

A. DOMESTIC ADOPTION

Section 1. Applicability of the Rule. This Rule covers the domestic adoption of Filipino
children.

Section 2. Objectives. (a) The best interests of the child shall be the paramount consideration in
all matters relating to his care, custody and adoption, in accordance with Philippine laws, the
United Nations (UN) Convention on the Rights of the Child, UN Declaration on Social and
Legal Principles Relating to the Protection and Welfare of Children with Special Reference to
Foster Placement and Adoption, Nationally and Internationally, and the Hague Convention on
the Protection of Children and Cooperation in Respect of Inter-country Adoption.

(b) The State shall provide alternative protection and assistance through foster care or
adoption for every child who is a foundling, neglected, orphaned, or abandoned. To this
end, the State shall:

(i) ensure that every child remains under the care and custody of his parents and is
provided with love, care, understanding and security for the full and harmonious
development of his personality. Only when such efforts prove insufficient and no
appropriate placement or adoption within the childs extended family is available
shall adoption by an unrelated person be considered.

(ii) safeguard the biological parents from making hasty decisions in relinquishing
their parental authority over their child;

(iii) prevent the child from unnecessary separation from his biological parents;

(iv) conduct public information and educational campaigns to promote a positive

environment for adoption;

(v) ensure that government and private sector agencies have the capacity to handle
adoption inquiries, process domestic adoption applications and offer adoption-
related services including, but not limited to, parent preparation and post-adoption
education and counseling;

(vi) encourage domestic adoption so as to preserve the childs identity and culture
in his native land, and only when this is not available shall inter-country adoption
be considered as a last resort; and
 (vii) protect adoptive parents from attempts to disturb their parental authority and
custody over their adopted child.

Any voluntary or involuntary termination of parental authority shall be administratively

or judicially declared so as to establish the status of the child as legally available for
adoption and his custody transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited child-placing or child-caring agency,
which entity shall be authorized to take steps for the permanent placement of the child.

Section 3. Definition of Terms. For purposes of this Rule:

(a) Child is a person below eighteen (18) years of age at the time of the filing of the
petition for adoption.

(b) A child legally available for adoption refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-
placing or child-caring agency, freed of the parental authority of his biological parents, or
in case of rescission of adoption, his guardian or adopter(s).

(c) Voluntarily committed child is one whose parents knowingly and willingly
relinquish parental authority over him in favor of the Department.

(d) Involuntarily committed child is one 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 responsibilities.

(e) Foundling refers to a deserted or abandoned infant or child whose parents, guardian
or relatives are unknown; or a child committed to an orphanage or charitable or similar
institution with unknown facts of birth and parentage and registered in the Civil Register
as a foundling.

(f) Abandoned child refers to one who has no proper parental care or guardianship or
whose parents have deserted him for a period of at least six (6) continuous months and
has been judicially declared as such.

(g) Dependent child refers to 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.

(h) Neglected child is one whose basic needs have been deliberately not attended to or
inadequately attended to, physically or emotionally, by his parents or guardian.

(i) Physical neglect occurs when the child is malnourished, ill-clad and without proper
shelter.
 (j) Emotional neglect exists when a child is raped, seduced, maltreated, exploited,
overworked or made to work under conditions not conducive to good health or made to
beg in the streets or public places, or placed in moral danger, or exposed to drugs,
alcohol, gambling, prostitution and other vices.

(k) Child-placement agency refers to an agency duly licensed and accredited by the
Department to provide comprehensive child welfare services including, but not limited
to, receiving applications for adoption, evaluating the prospective adoptive parents and
preparing the adoption home study report.

(l) Child-caring agency refers to an agency duly licensed and accredited by the
Department that provides 24-hour residential care services for abandoned, orphaned,
neglected or voluntarily committed children.

(m) Department refers to the Department of Social Welfare and Development.

(n) Deed of Voluntary Commitment refers to the written and notarized instrument
relinquishing parental authority and committing the child to the care and custody of the
Department executed by the childs biological parents or in their absence, mental
incapacity or death, by the childs legal guardian, to be witnessed by an authorized
representative of the Department after counseling and other services have been made
available to encourage the biological parents to keep the child.

(o) Child Study Report refers to a study made by the court social worker of the childs
legal status, placement history, psychological, social, spiritual, medical, ethno-cultural
background and that of his biological family needed in determining the most appropriate
placement for him.

(p) Home Study Report refers to a study made by the court social worker of the
motivation and capacity of the prospective adoptive parents to provide a home that meets
the needs of a child.

(q) Supervised trial custody refers to the period of time during which a social worker
oversees the adjustment and emotional readiness of both adopters and adoptee in
stabilizing their filial relationship.

(r) Licensed Social Worker refers to one who possesses a degree in bachelor of science
in social work as a minimum educational requirement and who has passed the
government licensure examination for social workers as required by Republic Act No.
4373.

(s) Simulation of birth is the tampering of the civil registry to make it appear in the
birth records that a certain child was born to a person who is not his biological mother,
thus causing such child to lose his true identity and status.

(t) Biological Parents refer to the childs mother and father by nature.
(u) Pre-Adoption Services refer to psycho-social services provided by professionally-
trained social workers of the Department, the social services units of local governments,
private and government health facilities, Family Courts, licensed and accredited child-
caring and child-placement agencies and other individuals or entities involved in
adoption as authorized by the Department.

(v) Residence means a persons actual stay in the Philippines for three (3) continuous
years immediately prior to the filing of a petition for adoption and which is maintained
until the adoption decree is entered. Temporary absences for professional, business,
health, or emergency reasons not exceeding sixty (60) days in one (1) year does not break
the continuity requirement.

(w) Alien refers to any person, not a Filipino citizen, who enters and remains in the
Philippines and is in possession of a valid passport or travel documents and visa.

Section 4. Who may adopt. The following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights,
of good moral character, has not been convicted of any crime involving moral turpitude;
who is emotionally and psychologically capable of caring for children, at least sixteen
(16) years older than the adoptee, and who is in a position to support and care for 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; or

(ii) one who seeks to adopt the legitimate child of his Filipino spouse; or

(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.
 Husband and wife shall jointly adopt, except in the following cases:

(i) if one spouse seeks to adopt the legitimate child of one spouse by the other
spouse; or

(ii) if one spouse seeks to adopt his own illegitimate child: Provided, however,
That the other spouse has signified his consent thereto; or

(iii) if the spouses are legally separated from each other.

In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the
other, joint parental authority shall be exercised by the spouses.

Section 5. Who may be adopted. The following may be adopted:

(1) Any person below eighteen (18) years of age who has been voluntarily committed to
the Department under Articles 154, 155 and 156 of P.D. No. 603 or judicially declared
available for adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child, by a qualified adopter to raise the status of the former to that of
legitimacy;

(4) A person of legal age regardless of civil status, if, prior to the adoption, said person
has been consistently considered and treated by the adopters as their own child since
minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, That no
proceedings shall be initiated within six (6) months from the time of death of said
parents.

(7) A child not otherwise disqualified by law or these rules.

Section 6. Venue. The petition for adoption shall be filed with the Family Court of the province
or city where the prospective adoptive parents reside.

Section 7. Contents of the Petition. The petition shall be verified and specifically state at the
heading of the initiatory pleading whether the petition contains an application for change of
name, rectification of simulated birth, voluntary or involuntary commitment of children, or
declaration of child as abandoned, dependent or neglected.

1) If the adopter is a Filipino citizen, the petition shall allege the following:
 (a) The jurisdictional facts;

(b) That the petitioner is of legal age, in possession of full civil capacity and legal
rights; is of good moral character; has not been convicted of any crime involving
moral turpitude; is emotionally and psychologically capable of caring for
children; is at least sixteen (16) years older than the adoptee, unless the adopter is
the biological parent of the adoptee or is the spouse of the adoptees parent; and is
in a position to support and care for his children in keeping with the means of the
family and has undergone pre-adoption services as required by Section 4 of
Republic Act No. 8552.

2) If the adopter is an alien, the petition shall allege the following:

(a) The jurisdictional facts;

(b) Sub-paragraph 1(b) above;

(c) That his country has diplomatic relations with the Republic of the Philippines;

(d) 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 his government allows the adoptee to enter his country as his adopted child
and reside there permanently as an adopted child; and

(e) That he has been living in the Philippines for at least three (3) continuous
years prior to the filing of the petition and he maintains such residence until the
adoption decree is entered.

The requirements of certification of the aliens qualification to adopt in his

country and of residency may be waived if the alien:

(i) is a former Filipino citizen who seeks to adopt a relative within the
fourth degree of consanguinity or affinity; or

(ii) seeks to adopt the legitimate child of his Filipino spouse; or

(iii) is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth degree of consanguinity or affinity of
the Filipino spouse.

3) If the adopter is the legal guardian of the adoptee, the petition shall allege that
guardianship had been terminated and the guardian had cleared his financial
accountabilities.

4) If the adopter is married, the spouse shall be a co-petitioner for joint adoption except
if:
 (a) one spouse seeks to adopt the legitimate child of the other, or

(b) if one spouse seeks to adopt his own illegitimate child and the other spouse
signified written consent thereto, or

(c) if the spouses are legally separated from each other.

5) If the adoptee is a foundling, the petition shall allege the entries which should appear
in his birth certificate, such as name of child, date of birth, place of birth, if known; sex,
name and citizenship of adoptive mother and father, and the date and place of their
marriage.

6) If the petition prays for a change of name, it shall also state the cause or reason for the
change of name.

In all petitions, it shall be alleged:

(a) The first name, surname or names, age and residence of the adoptee as shown
by his record of birth, baptismal or foundling certificate and school records.

(b) That the adoptee is not disqualified by law to be adopted.

(c) The probable value and character of the estate of the adoptee.

(d) The first name, surname or names by which the adoptee is to be known and
registered in the Civil Registry.

A certification of non-forum shopping shall be included pursuant to Section 5, Rule 7 of

the 1997 Rules of Civil Procedure.

Section 8. Rectification of Simulated Birth. In case the petition also seeks rectification of a
simulated of birth, it shall allege that:

(a) Petitioner is applying for rectification of a simulated birth;

(b) The simulation of birth was made prior to the date of effectivity of Republic Act No.
8552 and the application for rectification of the birth registration and the petition for
adoption were filed within five years from said date;

(c) The petitioner made the simulation of birth for the best interests of the adoptee; and

(d) The adoptee has been consistently considered and treated by petitioner as his own
child.

Section 9. Adoption of a foundling, an abandoned, dependent or neglected child. In case the

adoptee is a foundling, an abandoned, dependent or neglected child, the petition shall allege:
 (a) The facts showing that the child is a foundling, abandoned, dependent or neglected;

(b) The names of the parents, if known, and their residence. If the child has no known or
living parents, then the name and residence of the guardian, if any;

(c) The name of the duly licensed child-placement agency or individual under whose care
the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to give its
consent.

Section 10. Change of name. In case the petition also prays for change of name, the title or
caption must contain:

(a) The registered name of the child;

(b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

Section 11. Annexes to the Petition. The following documents shall be attached to the petition:

A. Birth, baptismal or foundling certificate, as the case may be, and school records
showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

1. The adoptee, if ten (10) years of age or over;

2. The biological parents of the child, if known, or the legal guardian, or the child-
placement agency, child-caring agency, or the proper government instrumentality
which has legal custody of the child;

3. The legitimate and adopted children of the adopter and of the adoptee, if any,
who are ten (10) years of age or over;

4. The illegitimate children of the adopter living with him who are ten (10) years
of age or over; and

5. The spouse, if any, of the adopter or adoptee.

C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any

appropriate government agency that he has the legal capacity to adopt in his country and
 that his government allows the adoptee to enter his country as his own adopted child
unless exempted under Section 4(2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but
qualified to adopt, the home study report by a foreign adoption agency duly accredited by
the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of the
biological parents of the adoptee, if any.

Section 12. Order of Hearing. If the petition and attachments are sufficient in form and
substance, the court shall issue an order which shall contain the following:

(1) the registered name of the adoptee in the birth certificate and the names by which the
adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of
the issuance of the order and shall direct that a copy thereof be published before the date
of hearing at least once a week for three successive weeks in a newspaper of general
circulation in the province or city where the court is situated; Provided, that in case of
application for change of name, the date set for hearing shall not be within four (4)
months after the last publication of the notice nor within thirty (30) days prior to an
election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

(5) a directive to the social worker of the court, the social service office of the local
government unit or any child-placing or child-caring agency, or the Department to
prepare and submit child and home study reports before the hearing if such reports had
not been attached to the petition due to unavailability at the time of the filing of the latter;
and

(6) a directive to the social worker of the court to conduct counseling sessions with the
biological parents on the matter of adoption of the adoptee and submit her report before
the date of hearing.

At the discretion of the court, copies of the order of hearing shall also be furnished the Office of
the Solicitor General through the provincial or city prosecutor, the Department and the biological
parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General
shall be mandatory.
Section 13. Child and Home Study Reports. In preparing the child study report on the adoptee,
the concerned social worker shall verify with the Civil Registry the real identity and registered
name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall
be the responsibility of the social worker to register the adoptee and secure a certificate of
foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the
documents in support thereof are valid and authentic, that the adopter has sincere intentions and
that the adoption shall inure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and
that his government allows the adoptee to enter his country as his adopted child in the absence of
the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are grounds to deny the
petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the
petitioner.

Section 14. Hearing. Upon satisfactory proof that the order of hearing has been published and
jurisdictional requirements have been complied with, the court shall proceed to hear the petition.
The petitioner and the adoptee must personally appear and the former must testify before the
presiding judge of the court on the date set for hearing.

The court shall verify from the social worker and determine whether the biological parent has
been properly counseled against making hasty decisions caused by strain or anxiety to give up
the child; ensure that all measures to strengthen the family have been exhausted; and ascertain if
any prolonged stay of the child in his own home will be inimical to his welfare and interest.

Section 15. Supervised Trial Custody. Before issuance of the decree of adoption, the court
shall give the adopter trial custody of the adoptee for a period of at least six (6) months within
which the parties are expected to adjust psychologically and emotionally to each other and
establish a bonding relationship. The trial custody shall be monitored by the social worker of the
court, the Department, or the social service of the local government unit, or the child-placement
or child-caring agency which submitted and prepared the case studies. During said period,
temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the
parties if it finds that the same shall be for the best interests of the adoptee, stating the reasons
therefor.

An alien adopter however must complete the 6-month trial custody except the following:

a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or
 c) one who is married to a Filipino citizen and seeks to adopt jointly with his or her
spouse the latters relative within the fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a
pre-adoption placement authority issued by the Department, the court shall order that the
prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the
date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two
weeks after its termination.

Section 16. Decree of Adoption. If the supervised trial custody is satisfactory to the parties and
the court is convinced from the trial custody report and the evidence adduced that the adoption
shall redound to the best interests of the adoptee, a decree of adoption shall be issued which shall
take effect as of the date the original petition was filed even if the petitioners die before its
issuance.

The decree shall:

A. State the name by which the child is to be known and registered;

B. Order:

1) the Clerk of Court to issue to the adopter a certificate of finality upon

expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the
certificate of finality to the Civil Registrar where the child was originally
registered within thirty (30) days from receipt of the certificate of finality. In case
of change of name, the decree shall be submitted to the Civil Registrar where the
court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

a. to annotate on the adoptees original certificate of birth the decree of

adoption within thirty (30) days from receipt of the certificate of finality;

b. to issue a certificate of birth which shall not bear any notation that it is a
new or amended certificate and which shall show, among others, the
following: registry number, date of registration, name of child, sex, date of
birth, place of birth, name and citizenship of adoptive mother and father,
and the date and place of their marriage, when applicable;

c. to seal the original certificate of birth in the civil registry records which
can be opened only upon order of the court which issued the decree of
adoption; and
 d. to submit to the court issuing the decree of adoption proof of
compliance with all the foregoing within thirty days from receipt of the
decree.

If the adoptee is a foundling, the court shall order the Civil Registrar where the
foundling was registered, to annotate the decree of adoption on the foundling
certificate and a new birth certificate shall be ordered prepared by the Civil
Registrar in accordance with the decree.

Section 17. Book of Adoptions. The Clerk of Court shall keep a book of adoptions showing the
date of issuance of the decree in each case, compliance by the Civil Registrar with Section
16(B)(3) and all incidents arising after the issuance of the decree.

Section 18. Confidential Nature of Proceedings and Records. All hearings in adoption cases,
after compliance with the jurisdictional requirements shall be confidential and shall not be open
to the public. All records, books and papers relating to the adoption cases in the files of the court,
the Department, or any other agency or institution participating in the adoption proceedings shall
be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security
reasons or for purposes connected with or arising out of the adoption and will be for the best
interests of the adoptee, the court may, upon proper motion, order the necessary information to
be released, restricting the purposes for which it may be used.

Section 19. Rescission of Adoption of the Adoptee. The petition shall be verified and filed by
the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if
he is a minor, or if he is over eighteen (18) years of age but is incapacitated, by his guardian or
counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

1) repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;

2) attempt on the life of the adoptee;

3) sexual assault or violence; or

4) abandonment or failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil
Code.
 Section 20. Venue. The petition shall be filed with the Family Court of the city or province
where the adoptee resides.

Section 21. Time within which to file petition. The adoptee, if incapacitated, must file the
petition for rescission or revocation of adoption within five (5) years after he reaches the age of
majority, or if he was incompetent at the time of the adoption, within five (5) years after
recovery from such incompetency.

Section 22. Order to Answer. The court shall issue an order requiring the adverse party to
answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of
the petition shall be served on the adverse party in such manner as the court may direct.

Section 23. Judgment. If the court finds that the allegations of the petition are true, it shall
render judgment ordering the rescission of adoption, with or without costs, as justice requires.

The court shall order that the parental authority of the biological parent of the adoptee, if known,
or the legal custody of the Department shall be restored if the adoptee is still a minor or
incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee
to each other shall be extinguished.

The court shall further declare that successional rights shall revert to its status prior to adoption,
as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial
rescission shall be respected.

It shall also order the adoptee to use the name stated in his original birth or foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to
cancel the new birth certificate of the adoptee and reinstate his original birth or foundling
certificate.

Section 24. Service of Judgment. A certified true copy of the judgment together with a
certificate of finality issued by the Branch Clerk of the Court which rendered the decision in
accordance with the preceding Section shall be served by the petitioner upon the Civil Registrar
concerned within thirty (30) days from receipt of the certificate of finality. The Civil Registrar
shall forthwith enter the rescission decree in the register and submit proof of compliance to the
court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

Section 25. Repeal. - This supersedes Rule 99 on Adoption and Rule 100 of the Rules of Court.
 B. INTER-COUNTRY ADOPTION

Section 26. Applicability. The following sections apply to inter-country adoption of Filipino
children by foreign nationals and Filipino citizens permanently residing abroad.

Section 27. Objectives. The State shall:

a) consider inter-country adoption as an alternative means of child care, if the child

cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be
cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection
accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in
improper financial gain for those involved.

Section 28. Where to File Petition. A verified petition to adopt a Filipino child may be filed by
a foreign national or Filipino citizen permanently residing abroad with the Family Court having
jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Section 29. Who may be adopted. Only a child legally available for domestic adoption may be
the subject of inter-country adoption.

Section 30. Contents of Petition. The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he is at least twenty-seven
(27) years of age and at least sixteen (16) years older than the child to be adopted at the
time of application, unless the petitioner is the parent by nature of the child to be adopted
or the spouse of such parent, in which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner except when
the adoptee is a legitimate child of his spouse;

c) that he has the 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 country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

 f) that he can provide the proper care and support and instill the necessary moral values
and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine
laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in this
Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Section 31. Annexes. - The petition for adoption shall contain the following annexes written and
officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment

dissolving the marriage;

c) Sworn statement of consent of petitioners biological or adopted children above ten

(10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly

licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial capability
of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the
petitioner;

g) Character reference from the local church/minister, the petitioners employer and a
member of the immediate community who have known the petitioner for at least five (5)
years;

h) Full body postcard-size pictures of the petitioner and his immediate family taken at
least six (6) months before the filing of the petition.

Section 32. Duty of Court. The court, after finding that the petition is sufficient in form and
substance and a proper case for inter-country adoption, shall immediately transmit the petition to
the Inter-Country Adoption Board for appropriate action.
Section 33. Effectivity. - This Rule shall take effect on August 22, 2002 following its publication
in a newspaper of general circulation.