The Rule On Writ of Amparo Page 1 of 38: Stupendously Hazel

Dear Steph and Queenie,
This is not the final written report. Gi compile lang

nako ang tanan topics researched by our groupmates
para naa mo reference sa script. Final written report will
be done after mahimo ang script kay para kabalo ko
unsay ibutang sa WR. And diba we are not going to
tackle everthing kung unsa ang naa sa syllabus ni Judge
P? kay naa man gud sub topics na wala na include sa
ato groupmates but naa pod sila gi include na mga
subtopics na wala sa syllabus. Kayo na po ang bahala.
Aaaaand last na jud, please pud diay ko include kung
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del
The rule on writ of amparo Page 1 of 38 stupendously hazel

THE RULE ON THE WRIT OF AMPARO
What is the writ of amparo?
It is a remedy available to any person whose right to life, liberty, and security has
been violated or is threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
The writ covers extralegal killings and enforced disappearances or threats
thereof.
What rule governs petitions for and the issuance of a writ of amparo?
It is governed by A.M. No. 07-9-12-SC known as The Rule on the Writ of
Amparo, which was approved by the Supreme Court on September 25, 2007 and
took effect on October 24, 2007.
What is the Supreme Court’s basis in issuing the Rule?
The Rule was drafted pursuant to the Supreme Court’s constitutional power to
promulgate rules for the protection and enforcement of constitutional rights
(Constitution, Art. VIII, Sec. 5[5]).
Who may file a petition for the issuance of a writ of amparo?
The petition may be filed by the aggrieved party or by any qualified person or
entity in the following order:
(1) Any member of the immediate family, namely: the spouse, children and
parents of the aggrieved party;
(2) Any ascendant, descendant or collateral relative of the aggrieved party within
the fourth civil degree of consanguinity or affinity, in default of those mentioned in
the preceding paragraph; or
(3) Any concerned citizen, organization, association or institution, if there is no
known member of the immediate family or relative of the aggrieved party.
Where to file the petition.
The petition may be filed on any day and at any time with the Regional Trial
Court of the place where the threat, act or omission was committed or where any
of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the
Supreme Court, or any justice of such courts. The writ shall be enforceable
anywhere in the Philippines.
Is there docket or filing fees for the petition?
There is NO docket and other fees for the petition. The court, justice or judge
shall docket the petition and act upon it immediately.

What are the required contents of the petition?
The petition shall be signed and verified and shall allege the following:
(1) Personal circumstances of the petitioner;
(2) Name and personal circumstances of the respondent responsible for the
threat, act or omission (If the name is unknown or uncertain, the respondent may be
described by an assumed appellation);
(3) Right to life, liberty and security of the aggrieved party violated or threatened
with violation and how such threat or violation is committed with the attendant
circumstances detailed in supporting affidavits;
(4) The investigation conducted, if any, specifying the names, personal
circumstances, and addresses of the investigating authority or individuals, as well as the
manner and conduct of the investigation, together with any report;
(5) The actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person responsible for the
threat, act or omission; and
(6) The relief prayed for.
When is the writ of amparo issued?
The writ is served on the respondent by a judicial officer or by a person deputized
by the court, justice or judge who shall retain a copy on which to make a return of
service.
In case the writ cannot be served personally on the respondent, the rules on
substituted service shall apply.
What should the respondent do after being served with the writ?
Within seventy-two (72) hours after service of the writ, the respondent shall file a
verified written return together with supporting affidavits which shall, among other
things, contain the following:
(1) The lawful defenses to show that the respondent did not violate or threaten
with violation the right to life, liberty and security of the aggrieved party, through any act
or omission;
(2) The steps or actions taken by the respondent to determine the fate or
whereabouts of the aggrieved party and the person or persons responsible for the
threat, act or omission;
(3) All relevant information in the possession of the respondent pertaining to the
threat, act or omission against the aggrieved party; and

(4) If the respondent is a public official or employee, the return shall further state
the actions that have been or will still be taken:
(a) to verify the identity of the aggrieved party;
(b) to recover and preserve evidence related to the death or disappearance of
the person identified in the petition which may aid in the prosecution of the person or
persons responsible;
(c) to identify witnesses and obtain statements from them concerning the death
or disappearance;
(d) to determine the cause, manner, location and time of death or disappearance
as well as any pattern or practice that may have brought about the death or
disappearance;
(e) to identify and apprehend the person or persons involved in the death or
disappearance; and
(f) to bring the suspected offenders before a competent court.
The return shall also state other matters relevant to the investigation, its
resolution and the prosecution of the case.
A general denial of the allegations in the petition shall not be allowed.
All defenses shall be raised in the return, otherwise, they shall be deemed
waived.
What happens if the respondent fails to file return?
The court, justice or judge shall proceed to hear the petition ex parte.
What is the nature of the hearing on the petition?
The hearing on the petition shall be summary. However, the court, justice or
judge may call for a preliminary conference to simplify the issues and determine
the possibility of obtaining stipulations and admissions from the parties. The
hearing shall be from day to day until completed and given the same priority as
petitions for habeas corpus.
What are the interim reliefs available to the petitioner?
Upon filing of the petition or at anytime before final judgment, the court, justice or
judge may grant any of the following reliefs:
(a) Temporary Protection Order. – The court, justice or judge, upon motion or
motu proprio, may order that the petitioner or the aggrieved party and any
member of the immediate family be protected in a government agency or by an
accredited person or private institution capable of keeping and securing their
safety. If the petitioner is an organization, association or institution, the protection
may be extended to the officers involved.

(b) Inspection Order. — The court, justice or judge, may order any person in
possession or control of land or other property, to permit entry for the purpose of
inspecting, measuring, surveying, or photographing the property or any relevant
object or operation thereon. The motion shall state the places to be inspected. It
shall be supported by affidavits or testimonies of witnesses having personal
knowledge of the enforced disappearance or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security or of the privileged
nature of the information, the court, hearing may be conducted in chambers to
determine the merit of the opposition. The movant must show that the inspection
order is necessary to establish the right of the aggrieved party. The inspection
order shall specify the persons authorized to make the inspection and the date,
time, place and manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties. The order shall expire
five (5) days after the date of its issuance, unless extended for justifiable
reasons.
(c) Production Order. – The court, justice or judge, upon verified motion and after
due hearing, may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or
contain evidence relevant to the petition or the return, to produce and permit their
inspection, copying or photographing by or on behalf of the movant. The motion
may be opposed on the ground of national security or of the privileged nature of
the information, in which case the court, justice or judge may conduct a hearing
in chambers to determine the merit of the opposition. The court, justice or judge
shall prescribe other conditions to protect the constitutional rights of all the
parties.
What is the required burden of proof and standard of diligence?
The parties shall establish their claims by substantial evidence. The respondent
who is a private individual or entity must prove that ordinary diligence as required
by applicable laws, rules and regulations was observed in the performance of
duty. The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and regulations was
observed in the performance of duty.
Can the respondent invoke the presumption that official duty has been regularly
performed?
The respondent public official or employee cannot invoke the presumption that
official duty has been regularly performed to evade responsibility or liability.

When should the court render a decision?
The court shall render judgment within ten (10) days from the time the petition is
submitted for decision. If the allegations in the petition are proven by substantial
evidence, the court shall grant the privilege of the writ and such reliefs as may be
proper and appropriate; otherwise, the privilege shall be denied.
What happens if the court cannot proceed due to a valid cause, such as the
failure of petitioner or witnesses to appear due to threats on their lives?
The court shall not dismiss the petition, but shall archive it. The amparo court
may, on its own or upon motion by any party, order the revival of the petition
when ready for further proceedings. The petition shall be dismissed with
prejudice upon failure to prosecute the case after the lapse of two (2) years from
notice to the petitioner of the order archiving the case.
Does the filing of the petition bar the filing of separate criminal, civil or
administrative actions?
No. However, when a criminal action has been commenced, no separate petition
for the writ shall be filed, but the reliefs under the writ shall be available by motion
in the criminal case, and the procedure under this Rule shall govern the
disposition of the reliefs available under the writ of amparo.
When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to
a petition for a writ of amparo, the latter shall be consolidated with the criminal
action. After consolidation, the procedure under this Rule shall continue to apply
to the disposition of the reliefs in the petition.
How does the writ of amparo address the limitations of the remedy of habeas
corpus?
The petition for habeas corpus is not to be used as a means of obtaining
evidence on the whereabouts of a person, or as a means of finding out who has
specifically abducted or caused the disappearance of a certain person. Thus,
petitions for habeas corpus are not granted when the respondents deny custody
of an allegedly detained person and the petitioner fails to establish the fact of
detention by competent and convincing evidence.
Under the Rule on the Writ of Amparo, inspection order and production order
may be availed.

The respondent has to disclose what has been done by him to determine the fate
or whereabouts of the aggrieved party and the person or persons responsible for
the threat, act or omission and what information the respondent has in this
regard.
If the respondent is a government official, he must state what further
actions he will take to verify the identity of the aggrieved party, recover and
preserve evidence related to the death or disappearance; identify witnesses and
obtain statements from them; determine the cause, manner, location and time of
death or disappearance, as well as any pattern or practice that may have brought
about the death or disappearance; identify and apprehend the suspects, and
bring the suspects before a competent court.
What are the other distinctions of the writ of amparo from the writ of habeas
corpus?
The required contents of the petition;
Contents of the return;
Required burden of proof;
Docket or filing fees;
Interim reliefs are available in writ of amparo;
Required contents of the petition

The petition for a writ of amparo allege the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent;
(c) The right to life, liberty and security of the aggrieved party violated
or threatened with violation;
(d) The investigation conducted, if any;
(e) The actions and recourses taken by the petitioner to determine the
fate or whereabouts of the aggrieved party and the identity of the person
responsible for the threat, act or omission; and
(f) The relief prayed for.
The petition for a writ of habeas corpus shall set forth:

(a) That the person in whose behalf the application is made is
imprisoned or restrained of his liberty;
(b) The officer or name of the person by whom he is so imprisoned or
restrained; or, if both are unknown or uncertain, such officer or person may be
described by an assumed appellation, and the person who is served with the writ
shall be deemed the person intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such person, if it
can be procured without impairing the efficiency of the remedy; or, if the
imprisonment or restraint is without any legal authority, such fact shall appear.
Contents of the return;

For writ of amparo:
(a) The lawful defenses of the respondent showing that he did not
violate or threaten with violation the right to life, liberty and security of the
aggrieved party;
(b) The steps or actions taken by the respondent to determine the fate
or whereabouts of the aggrieved party and the persons responsible for the threat,
act or omission;
(c) All relevant information in the possession of the respondent
pertaining to the threat, act or omission against the aggrieved party; and
(d) If the respondent is a public official or employee, the return shall further
state the actions that have been or will still be taken:
to verify the identity of the aggrieved party;
to recover and preserve evidence related to the death or
disappearance of the person;
to identify witnesses and obtain statements from them;
to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have
brought about the death or disappearance;
to identify and apprehend the persons involved in the death or
disappearance;
to bring the suspected offenders before a competent court.

For writ of habeas corpus:
When the person to be produced is imprisoned or restrained by an officer,
the person who makes the return shall state therein, and in other cases the
person in whose custody the prisoner is found shall state, in writing to the court
or judge before whom the writ is returnable, plainly and unequivocably:
(a) Whether he has or has not the party in his custody or power, or under
restraint;
(b) If he has the party in his custody or power, or under restraint, the authority
and the true and whole cause thereof, set forth at large, with a copy of the writ,
order, execution, or other process, if any, upon which the party is held;
(c) If the party is in his custody or power or is restrained by him, and is not
produced, particularly the nature and gravity of the sickness or infirmity of such
party by reason of which he cannot, without danger, be brought before the court
or judge;
(d) If he has had the party in his custody or power, or under restraint, and has
transferred such custody or restraint to another, particularly to whom, at what
time, for what cause, and by what authority such transfer was made.
Required burden of proof
Writ of Amparo:
The parties shall establish their claims by substantial evidence. The respondent
who is a private individual or entity must prove that ordinary diligence as required
by applicable laws, rules and regulations was observed in the performance of
duty. The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and regulations was
observed in the performance of duty.
Writ of Habeas Corpus:

The parties shall establish their claims by clear and convincing evidence and
each party must prove his own affirmative allegations.
However, where the standard and prescribed procedure in effecting the release
has not been followed, then the burden of proving by clear and convincing
evidence the alleged release is shifted to the respondents. Release is an
affirmative defense and "each party must prove his own affirmative allegations,"[
just as the burden of proof of self-defense in a killing rests on the accused.

Moreover, evidence of release lies particularly within respondents' power.”
(Dizon et al., vs Vicente Eduardo et al., G.R. No. L-59118, March 3, 1988)
Docket or filing fees

Writ of amparo:
There is NO docket and other lawful fees for the petition. The court, justice or
judge shall docket the petition and act upon it immediately.
Writ of Habeas Corpus:
The proceedings upon a writ of habeas corpus shall be recorded by the clerk of
the court, and upon the final disposition of such proceedings the court or judge
shall make such order as to costs as the case requires. The fees of officers and
witnesses shall be included in the costs taxed, but no officer or person shall have
the right to demand payment in advance of any fees to which he is entitled by
virtue of the proceedings. When a person confined under color of proceedings in
a criminal case is discharged, the costs shall be taxed against the Republic of the
Philippines, and paid out of its Treasury; when a person in custody by virtue or
under color of proceedings in a civil case is discharged, the costs shall be taxed
against him, or against the person who signed the application for the writ, or
both, as the court shall direct.
Interim reliefs are available in writ of amparo
Temporary Protection Order
Inspection Order
Production Order
Witness Protection Order
May the President be held accountable under the Rule on the Writ of Amparo
pursuant to the Command Responsibility Doctrine?
Under current Philippine law and jurisprudence, the President cannot be held
accountable because of the presidential immunity from suit. However, under
international laws, primarily the Geneva Convention of 1977 and the Treaty of
Rome, which adopted the Command Responsibility Doctrine, the President may
be held accountable when the following elements are met:

Legal elements of the Command Responsibility Doctrine
Superior-subordinate relationship
- Applies to both civilian and military superiors
- No formal subordination is required
- Perpetrator need not be the direct subordinate; command
responsibility applies to every commander, at every level in the
chain of command
- What matters is “effective control,” which means “the material
ability to prevent and
punish criminal conduct”
Knowledge or reason to know that crimes were about to be or were being
committed (“knew or had reason to know”)
- May be shown through circumstantial evidence
- Actual knowledge, through:
 Reports to the superior
 Number, type, and scope of crimes
 Number and type of troops involved
 Location of accused relative the crimes
- “Reason to know”
Information available to the superior that would warrant further inquiry; is there a “real
and present risk”?
Factors include:
Criminal reputation of troops
Violent or unstable character
Level of training
Failure to prevent or punish - Superior must take all the “necessary and
reasonable means” that could be taken given the degree of effective control over
the subordinates

HABEAS DATA
Queeni Joy T. Faelnar & John Martin Go
Habeas Data as a Legal Notion

“The writ of habeas data is a relatively new legal notion compared to the traditional writ
of habeas corpus and the recently promulgated writ of amparo. Habeas data literally
means ‘you should have the data,’ and is defined by Latin American legal scholars as a
writ ‘designed to protect through a petition or complaint, the image, privacy, honor,
information self-determination and freedom of information of a person.’”
The Philippine Habeas Data

The Rule on Habeas Data, promulgated by the Supreme Court on January 22, 2008
through AM 08-1-16 was born in the midst of worsening human rights condition in the
country through extra-judicial killings, enforced disappearance and torture.
“Habeas data was, therefore, promulgated within the context of government compilation
of information on individuals on the basis of non-transparent and credible sources
promoting fear among many that the said information will be used and abused to harass
legitimate dissenters. It was issued at the time that efforts to impose a national ID
system has fanned fears among human rights advocates of government’s attempt to
establish an Orwellian ‘big brother’ to stifle dissent.”
What is the nature and scope of the Philippine Habeas data?

Section 1 of the Rule on the Writ of Habeas Data provides that:
The writ of habeas data is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or omission of a public
official or employee, or a private individual or entity engaged in the gathering, collecting
or storing of data or information regarding the person, family, home and
correspondence of the aggrieved party.
The writ of habeas data is an independent and summary remedy designed to protect
the image, privacy, honor, information, and freedom of information of an individual, and
to provide a forum to enforce one’s right to the truth and to informational privacy.
It seeks to protect a person’s right to control information regarding oneself, particularly
in instances in which suchinformation is being collected through unlawful means in
order to achieve unlawful ends.

It must be emphasized that in order for the privilege of the writ to be granted, there must
exist a nexus between the right to privacy on the one hand, and the right to life, liberty
or security on the other.
Essentially, habeas data allows families of victims of enforced disappearance to petition
the courts to compel government and security officials to allow access to documents
about the missing person.
The rule [as to parties] allows any individual to file the petition on the ground that “his
right to privacy in life, liberty or security is violated or threatened.”
This provision may be interpreted to refer to an act or omission which violates or
threatens the right to privacy of an individual which in turn, results in violating or
threatening his or her right to life, liberty or security.
Note that under the Rule, the respondent may be:
i. A public official or employee; or
ii. A private individual or entity, who is engaged in the gathering, collecting, or storing of
data “regarding the person, family, home and correspondence.”
The writ of habeas data cannot be invoked in labor disputes where there is no unlawful
violation of the right to life, liberty, or security.12 Habeas data, also, cannot be invoked
when respondents in the petition for issuance of the writ are not gathering, collecting, or
storing data or information.
Who has standing to file the petition?

Section 2 provides that it is the “aggrieved party” who has standing to file the Petition:
Sec. 2 Any aggrieved party may file a petition for the writ of habeas data. However, in
cases of extra-judicial killings and enforced disappearance, the petition may be filed by:
(a) any member of the immediate family of the aggrieved party, namely: the spouse,
children or parents; or
(b) any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph.
If a petition is filed, therefore, on the basis that the violation or threats to the right to
privacy is related to or results or may result in extra-judicial killing or enforced
disappearance, the petition may be filed by third parties. In this situation, it is important
to allege the threat of extrajudicial killing or enforced disappearance in the petition in
order to grant third parties the standing to file the petition. Note that unlike in Amparo,
human rights organizations or institutions are no longer allowed to file the petition,
possibly in recognition of the privacy aspect of a habeas data petition.

Where to file a Petition for a writ of habeas data?
Section 3 of the Rule on Habeas Data provides:
The petition may be filed with the Regional Trial Court where the petitioner or
respondent resides, or that which has jurisdiction over the place where the data or
information is gathered, collected or stored, at the option of the petitioner.
The petition may also be filed with the Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data files of government offices.
Thus, under Section 3, the petition may be filed, at the “option of the petitioner”, with:
i. The “regional trial court where the respondent or petitioner resides.”
ii. The regional trial court which has jurisdiction over the place “where the data or
information is gathered, collected or stored.”
iii. The Supreme Court, Court of Appeals or the Sandiganbayan when the action
“concerns public data files of government offices.’
If the petition involves ‘public data files of government offices’ [which is interpreted to
mean that the respondent is a government personnel or official in charge of a public
registry’] the petitioner is allowed three options for venue including the filing before the
Supreme Court.
Otherwise, the petitioner’s venue is restricted to the Regional Trial Courts.
Can a petition be filed before a Justice of the Supreme Court, Sandiganbayan or
the Court of Appeals?
Reading Section 4 [and even Section 14], it seems that it may be filed [by implication]
before a justice of a collegial tribunal:
Section 4. Where Returnable/Enforceable. –
xxx
When issued by the Supreme Court or any of its justices, it may be returnable before
such Court or any justice thereof, or before the Court of Appeals or the Sandiganbayan,
or any of its justices or to any Regional Trial Court of the place where the petitioner or
respondent resides, or that which has jurisdiction over the place where the data or
information is gathered, collected or stored.
Notwithstanding the venue chosen, the writ is enforceable “anywhere in the Philippines.”
The hearing on the writ is summary in nature.

Under Section 14, however, the court, justice or judge may call for a preliminary
conference to simplify the issues and determine the possibility of obtaining stipulations
and admission from the parties.
How much is the docket fee for the filing of the Petition?
Section 5 states that:
No docket and other lawful fees are required from an indigent petitioner. The petition of
the indigent shall be docketed and acted upon immediately without prejudice to the
subsequent submission of proof of indigency not later than 15 days from the filing of the
petition.
The Petitioner may, therefore, file the petition and submit proof of indigency later.
Should the court find the proof insufficient, it is hoped that the court merely orders the
payment of docket fees rather than dismissing the petition.
What should the Petition contain ?

Section 6 of the Rule provides that:
Sec. 6 A verified petition for a writ of habeas data should contain:
(a) the personal circumstances of the petitioner and the respondent;
(b) the manner the right to privacy is violated or threatened and how it affects the
right to life, liberty or security of the aggrieved party;
(c) the actions and recourses taken by the petitioner to secure the data or
information:
(d) the location of the files, registers or databases, the government office and the
person in charge, in possession or in control of the data or information, if known;
(e) the reliefs prayed for, which may include the updating, rectification, suppression
or destruction of the database or information or files kept by the respondent. In case
of threats, the relief may include a prayer for an order enjoining the act complained
of; and
(f) such other relevant reliefs as are just and equitable.
Firstly, the petition must be verified.
Secondly, the Petition must show the connection between the threatening or
violation of the right to privacy and the petitioner’s right to life, liberty or property.

Thirdly, it seems from the provision that the petitioner must alleged in the petition if
he or she has made attempts to secure the data or have it amended or destroyed
before the filing of a petition. This is interpreted by the writer to be an optional
requirement, particularly since the petitioner may not know who in particular controls
the data.
It must be noted that the location of the file and the name of the person in charge
must be alleged in the petition only if ‘known’ to the petitioner. The rule therefore
allows for a petition to prosper even if the specific location or respondent is not
exactly known.
Lastly, the reliefs must categorically state what is prayed for. Considering that
knowledge of the actual content may not be available to the petitioner upon filing, the
Petitioner may ask for the destruction of the entire file available or those portions
which violate or threatens his or her right to privacy.
When is a writ issued ?

Section 7 states that :
Sec. 7 Issuance of the writ—Upon the filing of the petition, the court, justice or judge
shall immediately order the issuance of the writ if on its face it ought to issue. The
clerk shall issue the writ under the seal of the court and cause it to be served within
three (3) days from its issuance; or in case of urgent necessity, the justice or judge
may issue the writ under his or her hand, and may deputize any officer or person to
serve it.
The writ shall also set the date and time for summary hearing of the petition which
shall not be later than ten (10) work days from the date of issuance.
The rule requires courts to ‘immediately’ issue a writ if, from the ‘face’ of the petition,
itought to issue. Although no period for the issuance of the writ was set by the rule, it
is expected that the writ should issue forthwith since all the court is required to look
into is simply if it ought to issue ‘on its face’.
Under Section 9, in case the “writ cannot be served personally on the respondent,
the rules on substituted service shall apply”26. Section 8 provides for penalties for
the Clerk of Court or the deputized person who refuses to serve the writ.
May a petition for habeas data be filed if there is a pending criminal action?
No28, but a motion may be filed in the court hearing the criminal case as provided
under Sec. 22, to wit:

Sec. 22 -- When a criminal action has been commenced, no separate petition for the
writ shall be filed. The reliefs under the writ shall be available to the aggrieved party
by motion in the criminal case. The procedure under this rule shall govern the
disposition of the reliefs available under the writ of habeas data.29
What if a criminal and a separate civil action is filed after the petition is filed?
If a criminal action is filed subsequent to the filing of a petition for the writ, the
petition shall be consolidated with the criminal action as provided under Section. If
an independent civil action is filed separate from the criminal case, the Petition is
consolidated with the criminal action and not with the civil action.
In any case, the procedure under the rule on habeas data shall govern the
disposition of the reliefs prayed for in a “habeas data motion” filed before the court
hearing the criminal case.
What should the respondent’s Return contain?

Section 10 provides that:
Section 10—Return. The respondent shall file a verified written return together with
supporting affidavits within five work days from service of the writ, which period may
be reasonably extended by the Court for justifiable reasons. The return shall, among
other things, contain the
following:
(a) The lawful defense such as national security, state secrets, privileged
communication, confidentiality of the source of information of media and others
(b) In case of respondent in charge, in possession or in control of the said data or
information, subject of the petition:
i. a disclosure of the data or information about the petitioner, the nature of such data
or information, and the purpose for its collection;
ii. the steps or actions taken by the respondent to ensure the security and
confidentiality of the data or information; and
iii. the currency and accuracy of the data or information; and
(c) other allegations relevant to the resolution of the proceeding.
A general denial of the allegations in the petitions hall not be allowed.

How will the hearing be conducted in cases of ‘sensitive’ data?
The Court may hear the petition in chambers “where the respondent invokes the
defense that the release of the data or information in question shall compromise
national security or state secrets or when the information cannot be divulged to the
public due to its nature or privileged character”.
What if the respondent fails to make a Return?

Sec. 14—In case the respondent fails to file a return, the court, justice or judge shall
proceed to hear the petition ex parte, granting the petitioner such relief as the
petition may warrant unless the court in its discretion requires the petitioner submit
evidence.
Is there a penalty for refusing to make or making a false return?

Sec. 11 Contempt—The court, justice or judge may punish with imprisonment or fine
a respondent who commits contempt by making a false return, or refusing to make a
return or any person who otherwise disobeys or resists a lawful process or order of
the court.
Can the respondent file a pleading other than a return?

No. Section 13 enumerates prohibited pleadings such as, inter alia, motions “to
dismiss,for extension of time, dilatory motion for postponement, bill of particulars,
motion to declare respondent in default, intervention, motion for reconsideration of
interlocutory orders, Memorandum, counter claim, or reply”.
Is there a period within which the court must decide the petition? What should
the decision contain?
The rule requires the immediate issuance of the writ possibly in recognition of the
urgency of remedy39 particularly in cases involving threat to life or liberty40. Also, it is
provided in Section 16 of the Rule that the case should be resolved within ten (10) days
from the time the petition is submitted for decision, to wit:
Sec. 16 Judgment—The court shall render judgment within ten days from the time the
petition is submitted for decision. If the allegations in the petition are proven by
substantial evidence, the court shall enjoin the act complained of, or order the deletion,
destruction, or rectification of the erroneous data or information and grant other relevant
reliefs as may be just and equitable; otherwise the privilege of the writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officer as
may be designated by the court, justice or judge within five work days.
How is a decision appealed?

The decision on the merits of habeas data petition may be appealed to the Supreme
Court on questions of facts or law or both:
Sec. 19 Any party may appeal from the judgment or final order to the Supreme Court
under Rule 45. The appeal may raise questions of fact or law or both. The period of
appeal shall be five (5)days from the date of notice or judgment or final order. The
appeal shall be given the same priority as habeas corpus or amparo cases.
Conclusion
“Even if the rule allows for private individuals as respondents, the writ of habeas data
may be one of the main remedies for those whose right to life, liberty or security are
threatened or violated by acts or omission of public officials.”
More often than not, the writ is used by elected officials to harass political opponents
and to violate the constitutional rights of the citizens. It must be iterated that privilege of
this writ must be used only for furtherance of legitimate ends.
“It is hoped that the Court will give full play to the use of habeas data as a venue for
victims of human rights violations seek redress for the violations and extract
accountability for the abuse of information collected, stored and used by the State.

SPECIAL PROCEEDINGS
Rules 103 & 108; RA 9048
By Olive Cachapero
RULE 103 RULE 108 RA 9048

Title Change of name (name which Cancellation or correction of Correct a clerical or typographical
appears in the civil register) entries in the civil registry error in an entry and/or change of
first name or nickname
Nature Adversarial;
  Adversarial;  Summary;
judicial;
  judicial  administrative; No judicial order
substantial change
  Substantial error necessary
in rem – to vest jurisdiction, comply
  Clerical/typographical error; change of
with all the requirements first name or nickname - changes or
 not a matter of right but of judicial corrections of a harmless and
discretion and a privilege innocuous nature
Petitioner All natural persons regardless of Any person interested in any act, Any person having direct and
status, including domiciled aliens event, order or decree concerning personal interest in the correction of
the civil status of persons which a clerical or typographical error
has been recorded in the civil
register
Parties a) the civil registrar and The city/municipal civil registrar,

b) all persons who have or claim Consul General, including the Clerk
any interest which would be of the Shari'a Court in his capacity as
affected thereby shall be made District or Circuit Registrar of
parties to the proceeding. Muslim Marriages, Divorces,
Revocations of Divorces and
Conversions, are hereby authorized to
correct clerical or typographical error
and to change first name or nickname
in the civil register.
Subject  First name, entries in the civil register i)
may clerical or typographical errors and
matter  nickname, be cancelled or corrected: ii) change of first name or nickname
 middle name, a) births;
 surname b) marriage;
c) deaths;
d) legal separations;
e) judgments of annulments of
marriage;
f) judgments declaring marriages
void from the beginning;
g) legitimations;
h) adoptions;
i) acknowledgments of natural
children;
j) naturalization;
k) election, loss or recovery of
citizenship;
l) civil interdiction;
m) judicial determination of
filiation;
n) voluntary emancipation of a
minor; and
o) changes of name.
Venue 1) RTC of the province in which he RTC of the province where the1) with the local civil registry office of
resides, or, corresponding civil registry is the city or municipality where the
2) in the City of Manila, to the located. record being sought to be corrected or
Juvenile and Domestic Relations changed is kept.
Court.
2) In case the petitioner has already
migrated to another place in the
country - the petition may be filed, in
person, with the local civil registrar of
the place where the interested party is
presently residing or domiciled.

3) Citizens of the Philippines who are
presently residing or domiciled in
foreign countries may file their
petition, in person, with the nearest
Philippine Consulates.
Contents of
a) That the petitioner has been a bona The affidavit shall set forth
Petition or fide resident of the province where i) facts necessary to establish the
affidavit the petition is filed for at least 3 merits of the petition and
years prior to the date of such filing; ii) shall show affirmatively that the
b) The cause for which the change of petitioner is competent to testify to
the petitioner's name is sought; the matters stated.
c) The name asked for. iii) The petitioner shall state the
particular erroneous entry or entries,
which are sought to be corrected
and/or the change sought to be made.
Form A petition for change of name shall a verified petition for the The verified petition shall be in the
be signed and verified by the person cancellation or correction of any form of an affidavit, subscribed and
desiring his name changed, or some entry relating thereto sworn to before any person
other person on his behalf, authorized by the law to administer
oaths.
Notice, Court shall direct that a copy of the Court shall cause reasonable Sec. 9
Publication order be published before the notice thereof to be given to the
& posting hearing at least once a week for 3 persons named in the petition.
successive weeks in some (publication is sufficient to
newspaper of general circulation include all interested parties.)
published in the province, as the
court shall deem best.
The court shall also cause the
order to be published once a
week for 3 consecutive weeks in a
newspaper of general circulation
in the province.
Hearing The date set for the hearing shall not
be within 30 days prior to an
election nor within 4 month after
the last publication of the notice.
Oppositor 1) Any interested person 1) The civil registrar and Non-adversarial

2) The Solicitor General or the proper 2) any person having or claiming
provincial or city fiscal shall appear any interest under the entry
on behalf of the Government of the whose cancellation or correction
Republic. is sought
within fifteen (15) days from
notice of the petition, or from the
last date of publication of such
notice, file his opposition thereto.
Grounds 1) when the name is ridiculous, 1. The petitioner finds the first name or
tainted with dishonor, or is nickname to be ridiculous, tainted
extremely difficult to write or with dishonor or extremely difficult to
pronounce; write or pronounce.
2) when the request for change is a 2. The new first name or nickname has
consequence of a change of status, been habitually and continuously
such as when a natural child is used by the petitioner and he has
acknowledged or legitimated; and been publicly known by that by that
3) when the change is necessary to first name or nickname in the
avoid confusion, community: or
4) having continuously used and had 3. The change will avoid confusion.
been known since childhood by a
Filipino name, unaware of her alien
parentage;
5) a sincere desire to adopt a Filipino
name to erase signs of a former
alienage, al in good faith and
without prejudicing surname causes

embarrassment and here is no
showing the desired change of name
was for a fraudulent purpose or that
it would prejudice public interest.
Judgment that such name be changed in court may either dismiss the When the petition for a change of first
accordance with the prayer of the petition or issue an order name is approved by the C/MCR or
petition. granting the cancellation or CG or D/CR and such decision has
correction prayed for. not been impugned by the CRG, the
change shall be reflected in the birth
certificate by way of marginal
annotation.
Service of Judgments or orders – shall be In either case (dismissed or
judgment furnished the civil registrar of the granted), a certified copy of the
municipality or city where the court judgment shall be served upon
issuing the same is situated, who the civil registrar concerned who
shall forthwithenter the same in shall annotated the same in his
the civil register record.
Example Adopted child’s change of surname Illegitimacy
Sex
Nationality/citizenship
Civil status
NOTES
RULE 103
 Lack of verification – not jurisdictional; only renders the pleading fatally defective (which may be corrected) hence warrants dismissal
of the petition
 The petition must be filed by the person desiring to change his/her name, even if it may be signed and verified by some other person
(example mother of a minor. The minor would have to file the petition herself when she reaches the age of majority)
 All names or aliases must appear in the caption of the petition – omission is fatal to the petition
 Purpose of publication: to apprise the public of the pendency of the petition so that those who may know of any legal objection to it
might come forward with the iformation in order to determine the fitness of the petitioner…” (jurisdictional)
 A petition to change the name of an infant should be granted only where to do so is clearly for the best interest of the child (petition
filed by the mother)
 Insufficient grounds for change of name:
 Separation of spouses
 No proof of prejudice by use of official name
 Mere use and known y different name
 No proof hat true name evokes derisive laughter
RULE108
 Applies only to substantial changes and corrections in entries in the civil register. Under Rep. Act No. 9048, a correction in the civil
registry involving the change of sex is not a mere clerical or typographical error. It is a substantial change for which the applicable
procedure is Rule 108 of the Rules of Court.
 Note: Te correction should not imply a change of status but a mere rectification of error; there must be no increase or diminution of
substantive right
 The child may not collaterally impugn his legitimacy as entered in the register in an action of partition (purpose: declare him
illegitimate); but he may file this petitioner mother is not the latter’s child at all)
 A clerical error is one which is visible to the eyes or obvious to the understanding; an error made by a clerk or a transcriber; a
mistake in copying or writing, or a harmless change such as a correction of name that is clearly misspelled or of a misstatement of
the occupation of the parent. Substantial or contentious alterations may be allowed only in adversarial proceedings, in which all
interested parties are impleaded and due process is properly observed.
 Period to file petition: from discovery of error
 Purpose of proceedings: establish the status or right of a party, or a particular fact
 The recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as the object of special proceedings (such as
that in Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or a particular fact. Moreover, Rule 108 of
the Rules of Court can serve as the appropriate adversarial proceeding by which the applicability of the foreign judgment can be
measured and tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

RA 9048
 The correction of clerical or typographical error shall be availed of only once with respect to a particular entry or entries in the same
civil registry record. However, with regard to the change of first name or nickname in the birth certificate, the privilege shall be
availed of only once subject to Rule 12 hereunder.
Examples
 But if your birth certificate shows Ma. Cecilia instead of Maria Cecilia – cannot be corrected under 9048, it is not typographical error.
You have to avail of Art. 103
 Corpuz and Corpus or Gutierrez and Gutierres – not typographical errors
 Another example: First name is Enrile and family name is Teodoro (baliktad diba?). If interchanged, it is not innocuous. If it affects
business relations or otherwise rights and obligations, you have to go to 108
 The error is innocuous. (ex. Date of birth is 1989 but what appears is 1889; a woman gave birth when she was 35yo but what appears is
she gave birth when she was 5yo) – clearly typographical error
The Supreme Court has enumerated the grounds for change of name in the case of Republic of
the Philippines vs Magpayo (G.R. No. 189476, February 2, 2011), which are the following:
a) When the name is ridiculous, dishonorable or extremely difficult to write or pronounce;
(b) When the change results as a legal consequence such as legitimation;
(c) When the change will avoid confusion;
(d) When one has continuously used and been known since childhood by a Filipino name, and
was unaware of alien parentage;
(e) A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith
and without prejudicing anybody; and
(f) When the surname causes embarrassment and there is no showing that the desired change of
name was for a fraudulent purpose or that the change of name would prejudice public interest.

Q. Absentees
1. Purpose of the rule
2. Who may file; when to file
PURPOSE OF THE RULE:So that through a petition an administrator may be appointed

over the properties of the absentee. But, if absentee left no properties, such petition is
unnecessary.
WHO MAY FILE:the declaration of his absence and appointment of a trustee or

administrator may be applied for by any of the following (section 2, Rule 107):
(a) The spouse present;
(b) The heirs instituted in a will, who may present an authentic copy of the same;
(c) The relatives who would succeed by the law of intestacy; and
(d) Those who have over the property of the absentee some right subordinated to the
condition of his death.
WHEN TO FILE:
1. After the lapse of two (2) years from:
a. his disappearance and without any news about the absentee or
b. since the receipt of the last news, or
2. of five (5) years in case the absentee has left a person in charge of the
administration of his property,
ADDITIONAL FACTS:
 “Special Proceeding” - A special proceeding is a remedy by which a party seeks

to establish a status, a right, or a particular fact.
 Grounds for Termination of the Administration:

1. Absentee personally appears through an agent;
2. Absentee’s death is proven and heirs appear; and
3. Third person appears showing that he acquired title over the property of the
absentee
 General Rule: There is no independent action for declaration of presumption of

death
Exception: When there is a need for declaration of presumptive death for
purposes of marriage under Article 41 of the Family Code
 Special proceeding to file under Rule 107: “Declaration of Absence and Death”
 Where to file: RTC where absentee resided before his disappearance

RULE 107 : ABSENTEES
Sec. 1. Appointment of representative. - When a person disappears from his domicile,
his whereabouts being unknown, and without having left an agent to administer his
property, or the power conferred upon the agent has expired, any interested party,
relative or friend, may petition the Court of First Instance of the place where the
absentee resided before his disappearance for the appointment of a person to represent
him provisionally in all that may be necessary. In the City of Manila, the petition shall be
filed in the Juvenile and Domestic Relations Court.
Sec. 2. Declaration of absence; who may petition. - After the lapse of two (2) years from
his disappearance and without any news about the absentee or since the receipt of the
last news, or of five (5) years in case the absentee has left a person in charge of the
administration of his property, the declaration of his absence and appointment of a
trustee or administrator may be applied for by any of the following:
(a) The spouse present;
(b) The heirs instituted in a will, who may present an authentic copy of the same;
(c) The relatives who would succeed by the law of intestacy; and
(d) Those who have over the property of the absentee some right subordinated to the
condition of his death.
Sec. 3. Contents of petition. - The petition for the appointment of a representative, or for
the declaration of absence and the appointment of a trustee or an administrator, must

show the following:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs instituted in the will, copy of which
shall be presented, and of the relatives who would succeed by the law of intestacy;
(c) The names and residences of creditors and others who may have any adverse
interest over the property of the absentee;
(d) The probable value, location and character of the property belonging to the
absentee.
Sec. 4. Time of hearing; notice and publication thereof. - When a petition for the
appointment of a representative, or for the declaration of absence and the appointment
of a trustee or administrator, is filed, the court shall fix a date and place for the hearing
thereof where all concerned may appear to contest the petition.
Copies of the notice of the time and place fixed for the hearing shall be served upon the
known heirs, legatees, devisees, creditors and other interested persons, at least ten
(10) days before the day of the hearing, and shall be published once a week for three
(3) consecutive weeks prior to the time designated for the hearing, in a newspaper of
general circulation in the province or city where the absentee resides, as the court shall
deem best.
Sec. 5. Opposition. - Anyone appearing to contest the petition shall state in writing his
grounds therefor, and served a copy thereof on the petitioner and other interested
parties on or before the date designated for the hearing.
Sec. 6. Proof at hearing; order. - At the hearing, compliance with the provisions of
section 4 of this rule must first be shown. Upon satisfactory proof of the allegations in
the petition, the court shall issue an order granting the same and appointing the
representative, trustee or administrator for the absentee. The judge shall take the
necessary measures to safeguard the rights and interests of the absentee and shall
specify the powers, obligations and remuneration of his representative, trustee or
administrator, regulating them by the rules concerning guardians.
In case of declaration of absence, the same shall not take effect until six (6) months
after its publication in a newspaper of general circulation designated by the court and in
the Official Gazette.
Sec. 7. Who may be appointed. - In the appointment of a representative, the spouse

present shall be preferred when there is no legal separation. If the absentee left no
spouse, or if the spouse present is a minor or otherwise incompetent, any competent
person may be appointed by the court.

In case of declaration of absence, the trustee or administrator of the absentee's property
shall be appointed in accordance with the preceding paragraph.
Sec. 8. Termination of administration. - The trusteeship or administration of the property

of the absentee shall cease upon order of the court in any of the following cases:
(a) When the absentee appears personally or by means of an agent;
(b) When the death of the absentee is proved and his testate or intestate heirs appear;
(c) When a third person appears, showing by a proper document that he has acquired
the absentee's property by purchase or other title.
In these cases the trustee or administrator shall cease in the performance of his office,
and the property shall be placed at the disposal of those who may have a right thereto.
RULE 107
Q: In declaration of absence, when should petition be file?
A: After two years from his disappearance and without any news from the absentee or
of the last news about the absentee. After five years, if he left an administrator of his
property.

Cancellation or Correction of Entries in the Civil Registrar
Who may file? Section 1 of Rule 108- any person interested in any act, event, order, or
decree concerning the civil status of persons.
RA 9048 modified Rule 108 which allows correction or change of entries involving
clerical or typographical errors. No need for judicial order. Procedure is summary
Rule 108 now only applies to substantial changes and correction which requires the
filling of verified petition before the RTC of the province where the corresponding civil
registrar is located. The procedure is adversary.
Rule 103 vs 108- Rule 103 is with regard change of name, while Rule 108 governs
cancellation or correction.
Entries that can be corrected or cancelled: Births, marriages, deaths, legal

separation, Judgement of annulment of marriage, judgement declaring marriages void
ab initio, legitimations, adoptions acknowledgement of natural children, naturalization,
election loss or recovery of citizenship, civil interdiction, judicial determination of filiation,
voluntary emancipation of a minor, and change of name.
Parties involved are: the Civil Registrar and all persons who have or claim interest
which would be affected thereby.
Action for Cancellation or Correction of Entries in the Civil Registrar is an action in rem.
Jurisdiction over the parties is acquired through the notice by publication.
In a Petition for Cancellation or Correction of Entries in the Civil Registrar (before the
RTC), opposition against the petition should be made within 15 days.
A Certified copy of the judgement of the RTC shall be served upon the Civil Registrar
concerned for annotation in the records.

APPEALS IN SPECIAL PROCEEDINGS
(RULE 109)
JUDGMENTS AND ORDERS FROM WHICH APPEAL MAY BE TAKE
When such order or judgment:
1. Allows or disallows a will;

2. Determines who are the lawful heirs of a deceased person, or the distributive share
of the estate to which such person is entitled;
3. Allows or disallows, in whole or in part, any claim against the estate of a deceased
person, or any claim presented on behalf of the estate in offset to a claim against it;
4. Settles the account of an executor, administrator, trustee or guardian;
5. Constitutes, in the proceedings relating to the settlement of the estate of a deceased
person, or the administration of a trustee or guardian, a final determination in the
lower court of the rights of the party appealing, except that no appeal shall be
allowed from the appointment of a special administrator; and
6. Is the final order or judgment rendered in the case, and affects the substantial rights
of the person appealing, unless it be an order granting or denying a motion for new
trial or for reconsideration (Sec. 1, Rule 109).
NOTE: A stranger having neither material nor direct interest in a testate or intestate
estate has no right to appeal from any order issued therein (Panis v. Yangco, G.R. No.
L-29460, December 22, 1928).
When the assailed Orders granting letters testamentary in solidum to respondents were
issued by the RTC, petitioner sought to question them by filing a petition for review on
certiorari under Rule 45 of the Rules of Court. Petitioner should have appealed said
orders to the Court of Appeals under Rule 109 of the Rules of Court. Thus, the petition
must necessarily fail (Republic vs. Marcos II, G.R. No. 130371, August 4, 2009).
People who are allowed to file an appeal
1. A surety of an executor or administrator, made a party to an accounting made by

such executor or administrator, from an order approving or disapproving such
accounting.
2. An heir, legatee or devisee who has been served with notice as to a money claim
against the estate admitted by the executor or administrator, from an order of the
court approving such claim;
3. A creditor who is allowed by the court to bring an action for recovery of property; and
4. A special administrator, from an order disallowing a will (Herrera, 2005).
Interested person whose interest must be material and direct, not merely indirect or
contingent (Teodoro v. De Vat, G.R. No. L-18753, March 26, 1965).
Orders that are not appealable

1. Order directing administrator to take action to recover amount due to the estate;
2. Order made in administration proceedings relating to inclusion or exclusion of items
of property in the inventory of executor or administrator;
3. Order appointing special administrator (Sec. 1, Rule 109).
WHEN TO APPEAL
GR: The period of appeal shall be 30 days, a record on appeal being required [Sec.
2(a), Rule 41, Rules of Court].
XPN: In habeas corpus cases, the appeal therein must be filed within 48 hours from the
service of judgment. In writ of amparo and habeas data cases, the period of appeal
isfive (5) working days from the date of notice of the adverse judgment. In writ of
kalikasan, the period of appeal is within 15 days from the notice of adverse judgment or
denial of motion for reconsideration.
NOTE: Appeals in special proceedings are termed “multiple appeals.”
Appeals may be extended on meritorious grounds in special proceedings.
Rationale for multiple appeals
The rationale behind allowing more than one appeal in the same case is to enable the
rest of the case to proceed in the event that a separate and distinct issue is resolved by
the court and held to be final. In this multi-appeal mode, the probate court loses
jurisdiction only over the subject matter of the appeal but retains jurisdiction over the
special proceeding from which the appeal was taken for purposes of further remedies
the parties may avail of.
Where multi-appeals are allowed, we see no reason why a separate petition for
certiorari cannot be allowed on an interlocutory aspect of the case that is separate and
distinct as an issue from the aspect of the case that has been adjudged with finality by
the lower court. To reiterate, the matter appealed matter was the special administrator’s
commission, a charge that is effectively a claim against the estate under administration,
while the matter covered by the petition for certiorari was the appointment of an auditor
who would pass upon the special administrator’s final account. By their respective
natures, these matters can exist independently of one another and can proceed
separately as envisioned by the Rules under Rule 109 (Briones vs. Henson-Cruz, G.R.
No. 159130, August 22, 2008)
MODES OF APPEAL
1. Rule 40 (Appeal from MTC to RTC) – By filing a record on appeal and payment of
appeal fees on questions of law or fact or both (settlement of estate);

2. Rule 41 (Appeal from the RTC to CA in exercise of its original jurisdiction) – By
ordinary appeal by filing a record on appeal and payment of appeal fees on
questions of law or fact or both (settlement of estate, habeas corpus, guardianship,
trustees, absentees, change of name under Rule 103, correction/cancellation of
entries under Rule 108);
3. Rule 42 (Petition for review from the RTC to the CA in exercise of its appellate
jurisdiction) – By filing a record on appeal and payment of appeal fees on
questions of law or fact or both; (settlement of estate)
4. Rule 45 (Appeal by certiorari to the SC) – By filing of verified petition for review on
certiorari and payment of fees which shall raise questions of law only but in cases of
amparo and habeas data cases, questions of fact may also be entertained
5. Rule 65 (Petition for certiorari) – By filing of verified petition for certiorari on the
ground that the court acted without or in excess of jurisdiction or with grave abuse of
discretion.
Q: When is a Record of Appeal required?
A: Rule 109 contemplates multiple appeals during the pendency of special proceedings.
A record on appeal – in addition to the notice of appeal – is thus required to be filed as
the original records of the case should remain with the trial court to enable the rest of
the case to proceed in the event that a separate and distinct issue is resolved by said
court and held to be final (Republic vs. Nishina, G.R. No. 186053, November 15, 2010).

KATARUNGANG PAMBARANGAY LAW
Cases Covered and Subject Matter for Amicable Settlement; Exception Thereto
The lupon of each barangay shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality

thereof;
(b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine

exceeding Five thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in barangays of different cities
or municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;
(g) Such other classes of disputes which the President may determine in the
interest of Justice or upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon
under this Code are filed may, at any time before trial motu propio refer the case
to the lupon concerned for amicable settlement.
Venue.
(a) Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the lupon of said barangay.
(b) Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the larger portion thereof is situated.

(d) Those arising at the workplace where the contending parties are employed or
at the institution where such parties are enrolled for study, shall be brought in the
barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the

punong barangay; otherwise, the same shall be deemed waived. Any legal
question which may confront the punong barangay in resolving objections to
venue herein referred to may be submitted to the Secretary of Justice, or his duly
designated representative, whose ruling thereon shall be binding.
Execution.
The amicable settlement or arbitration award may be enforced by execution by the

lupon within six (6) months from the date of the settlement. After the lapse of such time,
the settlement may be enforced by action in the appropriate city or municipal court.
Repudiation.
Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided.

Judicial Affidavit Rule
The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012
and made effective on January 1, 2013, is a procedural innovation which has the
ultimate aim of decongesting court dockets by replacing the direct testimony of parties
and witnesses in court with sworn affidavits submitted to the court and furnished to the
opposing party not later than 5 days before the pre-trial, preliminary conference, or the
scheduled hearing with respect to motions and incidents.
The JA is not a pleading nor is it a motion. The JA of the main parties are not being
marked as exhibits. However, JAs of other witnesses may be marked as exhibits (this is
more for convenience, though not in the Rules – may be subject to further clarifications
by the SC).
Functions of the Judicial Affidavit

 Take the place of direct testimonies.
 Identify and authenticate documentary or object evidence in the case.
Scope of the rule

As to kinds of cases:
All actions, proceedings, and incidents requiring the reception of evidence. Except:
small claims cases falling under A.M. 08-8-7-SC.
For criminal cases:

1. Those which the maximum penalty imposable does not exceed 6 years;
2. To their civil aspect, regardless of penalty imposed;
3. In any case where the accused agrees to the use of the rule.
As to courts:
 The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, the Municipal Circuit Trial Courts.

 Shari’a Circuit Courts, Shari’a District Courts and the Shari’a Appellate Courts.
 Regional Trial Courts.
 Sandiganbayan.
 Court of Tax Appeals.
 Court of Appeals.
 Investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippine (IBP).
 Special courts and quasi-judicial bodies, whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as their existing rules of procedure
contravene the provisions of the Judicial Affidavit Rule.
Service and filing

Period to file:
Not later than five (5) days before pre-trial or preliminary conference or the scheduled
hearing with respect to motions and incidents.
According to some legal pundits, this effectively amends the existing rules. Under
existing rules, the pre-trial brief (PTB) must be submitted not later than 3 days before
the pre-trial. But since the general practice was to attach the JA to the PTB, then that
also means that the PTB must be filed with the court in the same period as the JA.
Second view: Nowhere in the JAR does it say that the JA must be attached to the PTB.
So no amendment.
Modes of filing and service to other party:
 Personal service;
 Licensed courier service
NOTE: No mention of “service by registered mail”. Also, “licensed courier service” not
well defined by the Rules.
Contents of the Judicial Affidavit in general:

 Personal circumstance of the witness;
 Identity of the lawyer who conducted or supervised the examination of the
witness including the lawyer’s address;
 The place where the examination was held;

 A statement that the witness answered the questions under oath and that the
witness is aware that he may face criminal liability for false testimony or perjury;
 Signature of the witness over his printed name;
 A jurat with the signature of the notary public who administers the oath or an
officer who is authorized by law to administer the same.
 Attestation by the examining/supervising lawyer.
Contents of the Judicial Affidavit proper:

 Numbered questions and answers, showing personal knowledge of the facts that
the witness is testifying on;
 Questions and answers that elicit facts relevant to the issues;
 Questions and answers that identify the attached documentary and object
evidence and establish their authenticity in accordance with the Rules of Court.
 Contents of the Attestation by the Examining/Supervising lawyer:
 That he faithfully recorded or caused the recording of the questions he asked and
the corresponding answers that the witness gave;
 Neither he nor any person then present coached the witness regarding his
answers;
 A jurat with the signature of the notary public who administers the oath or an
officer who is authorized by law to administer the same.
(A false attestation will subject the erring lawyer to disciplinary actions or even
disbarment.)
Remedies if inadmissible evidence is introduced through the JA by one party

The other party may:
 Move to disqualify the witness;
 Move to strike out the said witness’s judicial affidavit;
 Move to strike out the particular portion/ answer of the JA.
Effect of Failure to Submit a Judicial Affidavit
The defaulting party is deemed to have waived his right to make a submission;
Exception:
He may be given one last chance to submit his JA if:

1. If the delay or non-submission is due to valid reasons;
2. The granting of the second chance will not unduly prejudice the opposing
party;
3. The defaulting party pays a fine ranging from P1,000.00 to P5,000.00 at the
discretion of the court.
Effect of submitting non-compliant Judicial Affidavits
NOTE: A judicial affidavit is non-compliant if it does not conform to the content

requirements provided for by the Judicial Affidavit Rule.
They are inadmissible.

Except:
The party may rectify this error by submitting a compliant Judicial Affidavit before
the hearing or trial, provided:
1. The error was due to a valid reason;

2. The granting of the chance to submit a compliant JA would not unduly
prejudice the opposing party;
3. The erring prosecutor (private or public) shall pay a fine ranging from
P1,000.00 to P5,000.00 at the discretion of the court.
Effect of the absence of the witness at the scheduled hearing
Court shall not consider the affidavit of the absent witness because of the
hearsay rule.
Except: If absence is due to valid cause/s.
Effect of the absence of the counsel at the scheduled hearing
Right to cross-examine is deemed waived.
Except: If absence is due to valid cause/s.
Applicability to pending cases

Rule: The JAR is applicable to pending cases.
If the case has already undergone pre-trial, the JAR is still applicable to the
remaining testimonies. Such remaining testimonies shall be heard via judicial
affidavits.

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Dear Steph and Queenie,

This is not the final written report. Gi compile lang

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Required contents of the petition

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Contents of the return;

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Writ of Habeas Corpus:

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Docket or filing fees

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Habeas Data as a Legal Notion

The Philippine Habeas Data

What is the nature and scope of the Philippine Habeas data?

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Who has standing to file the petition?

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The hearing on the writ is summary in nature.

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What should the Petition contain ?

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When is a writ issued ?

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What should the respondent’s Return contain?

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What if the respondent fails to make a Return?

Is there a penalty for refusing to make or making a false return?

Can the respondent file a pleading other than a return?

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How is a decision appealed?

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RULE 103 RULE 108 RA 9048

Parties a) the civil registrar and The city/municipal civil registrar,

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Oppositor 1) Any interested person 1) The civil registrar and Non-adversarial

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a) When the name is ridiculous, dishonorable or extremely difficult to write or pronounce;

(b) When the change results as a legal consequence such as legitimation;

(c) When the change will avoid confusion;

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PURPOSE OF THE RULE:So that through a petition an administrator may be appointed

WHO MAY FILE:the declaration of his absence and appointment of a trustee or

(a) The spouse present;

 “Special Proceeding” - A special proceeding is a remedy by which a party seeks

 Grounds for Termination of the Administration:

 General Rule: There is no independent action for declaration of presumption of

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(a) The spouse present;

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(a) The jurisdictional facts;

Sec. 7. Who may be appointed. - In the appointment of a representative, the spouse

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Sec. 8. Termination of administration. - The trusteeship or administration of the property

(a) When the absentee appears personally or by means of an agent;

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Entries that can be corrected or cancelled: Births, marriages, deaths, legal