SPECIAL PROCEEDINGS

AN OUTLINE IN PRESENTATION
SPECIAL PROCEEDINGS
Subject Matters of Special Proceedings: CATCH AGED SHARC (Rules
72 109)
(a) CHANGE OF NAME
(B) ADOPTION
(C) TRUSTEES
(D) CONSTITUTION OF FAMILY HOME
(E) HOSPITALIZATION OF INSANE PERSONS
(F) ABSENCE AND DEATH, DECLARATION OF
(G) GUARDIANSHIP AND CUSTODY OF CHILDREN
(H) ESCHEAT
(I) (VOLUNTARY) DISSOLUTION OF CORPORATION
(J) SETTLEMENT OF ESTATE OF DECEASED PERSONS
(K) HABEAS CORPUS
(L) (JUDICIAL) APPROVAL OF VOLUNTARY RECOGNITION OF MINOR
NATURAL CHILDREN
(M) RESCISSION AND REVOCATION OF ADOPTION
(N) CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL
REGISTRY
CHANGE OF NAME (RULE 103)

Writ ofhabeas corpusis a writ

which has been esteemed to the
best and only sufficient defense
of personal freedom having for its
object the speedy release by
judicial decree of persons who are
illegally restrained of their liberty,
or illegally detained from the
control of those who are entitled
to their custody(Ballentines Law
Dictionary, 2ndEdition; Nava vs.
Gatmaitan, 90 Phil. 172).
CHANGE OF NAME (RULE 103)

Rule 103 RA 9048 Rule 108

Petition should be Petitions filed with Verified petition filed
filed in the RTC the city or municipal in the RTC where the
where the civil registrar, or with corresponding Civil
petitioner resides consul general for Registry is located
citizens living abroad

Civil Registrar is Civil Registrar is an

not a party. indispensable party.
Solicitor General If not made a party,
to be notified by proceedings are null
service of a copy and void. Reason: he
of petition. is interested party in
protecting the
integrity of public
documents. Solicitor
General must also be
notified by service of
a copy of the
petition.
CHANGE OF NAME (RULE 103)
Rule 103 RA 9048 Rule 108
Petition is filed by Verified petition in the By a person
the person desiring form of affidavit is interested in any acts,
to change his name filed by any person event, order or decree
having direct and
personal interest in
the correction
Involves change of Involves first name All cancellation or
name only and nickname correction of entries
of: (a) births; (b)
marriages; (c) deaths;
(d) legal separation;
(e) judgments or
annulments of
marriage; (f)
judgments declaring
marriages void from
the beginning; (g)
legitimations; (h)
adoptions; (i)
acknowledgments of
natural children; (j)
naturalizations; (k)
election, loss or
recovery of
citizenship; (l) civil
interdiction; (m)
CHANGE OF NAME (RULE 103)
Rule 103 RA 9048 Rule 108
Involves Involves clerical or Substantial and
substantial typographical errors adversary if change
changes affects the civil
status, citizenship or
nationality of a
party; Summary if
involves mere
clerical
errors(Republic vs.
Valencia, 141 SCRA
462).
Grounds:(a) Grounds:a) First Grounds:Cancellatio
Name is name or nickname n or correction of
ridiculous, is found to be entries of: (a) births;
dishonorable or ridiculous, tainted (b) marriages; (c)
extremely difficult with dishonor or deaths; (d) legal
to write or extremely difficult to separation; (e)
pronounce; write or pronounce; judgments or
(b) Change is a b) The first annulments of
legal consequence name or nickname marriage; (f)
of legitimation or has been habitually judgments declaring
adoption; and continuous used marriages void from
by petitioner the beginning; (g)
publicly known by legitimations; (h)
that first name or adoptions;.
 CHANGE OF NAME (RULE 103)
Rule 103 RA 9048 Rule 108
Grounds (c) Grounds:a) First Grounds:Cancellation
Change will avoid name or nickname is or correction of
confusion; found to be entries of: (a) births;
(d) One has ridiculous, tainted (b) marriages; (c)
continuously used with dishonor or deaths; (d) legal
and been known extremely difficult to separation; (e)
since childhood by a write or pronounce; judgments or
Filipino name and b) The first name annulments of
was unaware of alien or nickname has been marriage; (f)
parentage;(e) habitually and judgments declaring
Change is based on a continuous used by marriages void from
sincere desire to petitioner publicly the beginning; (g)
adopt a Filipino name known by that first legitimations; (h)
to erase signs of name or nickname in adoptions; (i)
former alienage, all the community; acknowledgments of
in good faith and natural children; (j)
without prejudice to c) Change will naturalizations; (k)
anybody; and (f) avoid confusion. election, loss or
Surname causes recovery of
embarrassment and citizenship; (l) civil
there is no showing interdiction; (m)
that the desired judicial determination
change of name was of filiation; (n)
for a fraudulent voluntary
purpose, or that the emancipation of a
change of name minor; and (o)
CHANGE OF NAME (RULE 103)
Rule 103 RA 9048 Rule 108
Order for Petition shall be Order shall also be
hearing to be published at least published once a
published once once a week for two week for three
a week for consecutive weeks in consecutive weeks in
three a newspaper of a newspaper of
consecutive generalcirculation.Al general circulation in
weeks in a soto be posted in a the province, and
newspaper of conspicuous place for court shall cause
general ten consecutive reasonable notice to
circulation in days. persons named in the
the province. petition.

Entry is correct Entry is incorrect. Cancellation or

but petitioner correction of correct
desires to or incorrect entries
change the
entry
An appropriate An appropriate An appropriate
adversary administrative summary or
proceeding proceeding. adversary proceeding
depending on effects
CHANGE OF NAME (RULE 103)
Rule 103 RA 9048 Rule 108
Involves Involves clerical or Substantial and
substantial typographical adversary if change
changes errors affects the civil status,
citizenship or
nationality of a party;
Summary if involves
mere clerical
errors(Republic vs.
Valencia, 141 SCRA
462).
Appeal may be In case denied by Appeal may be availed
availed of if the city or of if judgment or final
judgment or final municipal civil order rendered affects
order rendered registrar or the substantial rights of
affects consul general, person appealing, to
substantial rights petitioner may the RTC or to the CA.
of person either appeal the
appealing. decision to the civil
register general or
file appropriate
petition with proper
court by petition for
review under Rule
43.
 CHANGE OF NAME (RULE 103)

Grounds for change of name

(g) When the name is ridiculous, dishonorable or
extremely difficult to write or pronounce;
(h) When the change is a legal consequence of
legitimation or adoption;
(i) When the change will avoid confusion;
(j) When one has continuously used and been
known since childhood by a Filipino name and was
unaware of alien parentage;
(k) When the change is based on a sincere desire to
adopt a Filipino name to erase signs of former
alienage, all in good faith and without prejudice to
anybody; and
(l) When the surname causes embarrassment and
there is no showing that the desired change of name
 ABSENTEES (RULE 107)

(1) Stages of absence:

(a) provisional absence
(b) declaration of absence
(c) presumption of death

Purpose of the Rule

(1) The purpose of the Rule is to allow the court to
appoint an administrator or representative to take care
of the property of the person who is sought to be
judicially declared absent. It also aims to have the
court appoint the present spouse as administrator or
administratrix of the absent spouses properties, or for
the separation of properties of the spouses.
ABSENTEES (RULE 107)

Who may file;

(1) The following may file an application for the

declaration of absence of a person:
(a) Spouse present;
(b) Heirs instituted in a will, who may present an
authentic copy of the same;
(c) 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. 2).
 ABSENTEES (RULE 107)
WHEN TO FILE
(2) 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(Sec. 2).
(3) 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
CANCELLATION/CORRECTION(RULE 108)

Entries subject to cancellation or correction

under Rule 108, in relation to RA 9048
(1) Upon good and valid grounds, the following
entries in the civil register may be cancelled or
corrected: (a) births; (b) marriages; (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 (a) changes of
name(Sec. 2, Rule 108).
CANCELLATION/CORRECTION(RULE 108)

The petition for change of first names or

nicknames may be allowed when such
names or nicknames are ridiculous, tainted
with dishonor or extremely difficult to write
or pronounce; or the new name or
nickname has been used habitually and
continuously petitioner and has been
publicly known by that first name or
nickname in the community; or the change
will avoid confusion(Sec. 4, RA 9048).
APPEALS IN SPEC. PROCEEDINGS (RULE 109)

Judgments and orders for which appeal may be taken

(1) An interested person may appeal in special proceedings from an
order or judgment rendered by a Court of First Instance or a Juvenile
and Domestic Relations Court, where such order or judgment:
(a) Allows or disallows a will;
(b) Determines who are the lawful heirs of a deceased person, or the
distributive share of the estate to which such person is entitled;
(c) Allows or disallows, in whole or in part, any claim against the
estate of a deceased person, or any claim presented on behalf of the
estate in offset to a claim against it;
(d) Settles the account of an executor, administrator, trustee or
guardian;
(e) Constitutes, in proceedings relating to the settlement of the estate
of a deceased person, or the administration of a trustee or guardian, a
final determination in the lower court of the rights of the party
appealing, except that no appeal shall be allowed from the appointment
of a special administrator; and
(f) Is the final order or judgment rendered in the case, and affects the
substantial rights of the person appealing, unless it be an order
granting or denying a motion for a new trial or for reconsideration(Sec.
APPEALS IN SPEC. PROCEEDINGS (RULE 109)

When to appeal

Appeals in special proceedings

necessitate a record on appeal as
the original record should remain
with the trial court, hence the
reglementary period of thirty (30)
days is provided for the perfection
of appeals in special proceedings.
APPEALS IN SPEC. PROCEEDINGS (RULE 109)

MODES OF APPEAL
(1) While under the concept in ordinary civil actions some of the
orders stated in Sec. 1 may be considered interlocutory, the nature
of special proceedings declares them as appealable orders, as
exceptions to the provisions of Sec., Rule 41. Thus:
(a)Ordinary appeal.The appeal to the CA in cases decided by
the RTC in the exercise of its original jurisdiction shall be taken by
filing a notice of appeal with the court which rendered the judgment
or final order appealed from and serving a copy thereof upon the
adverse party. No record on appeal shall be required except in
special proceedings and other cases of multiple or separate appeals
where the law or the Rules so require. In such cases, the record on
appeal shall be filed and served in like manner.
(b)Petition for review. The appeal to the CA in cases decided by
the RTC in the exercise of its appellate jurisdiction shall be by
petition for review in accordance with Rule 42.
(c)Petition for review on certiorari. In all cases where only
questions of law are raised or involved, the appeal shall be to the
APPEALS IN SPEC. PROCEEDINGS (RULE 109)

Rule on Advance Distribution

Notwithstanding a pending controversy or appeal

in proceedings to settle the estate of a decedent,
the court may, in its discretion and upon such
terms as it may deem proper and just, permit that
such part of the estate as may not be affected by
the controversy or appeal be distributed among
the heirs or legatees, upon compliance with the
conditions set forth in Rule 90 of these rules(Sec.
2).