DEAN GEMY LITO L.

FESTIN
1.DEFINE SPECIAL
PROCEEDING.

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 It is an application to establish the status or
right of a party or a particular fact or any remedy
other than an ordinary suit in a court of justice.

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2. DISTINGUISH CIVIL ACTION
FROM SPECIAL PROCEEDING.

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1. A special proceeding under the same rule
provides that it is a remedy by which a party seeks
to establish a status, a right or a particular fact.

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 3. IS A PETITION FOR
DECLARATION OF PRESUMPTIVE
DEATH A SPECIAL PROCEEDING?

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 A petition for declaration of presumptive death
is not included in the enumerations falling as a
subject matter of a special proceeding under
Section 1 Rule72.

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4. ARE THE RULES IN CIVIL
ACTIONS APPLICABLE IN
SPECIAL PROCEEDINGS?

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 Yes, in the absence of special provisions, the
rules provided for in ordinary actions shall be, as
far as practicable, applicable in special proceedings.
(Section 2, Rule 72 of the Rules of Court)

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5. ALAN JOSEPH A. SHEKER v.
ESTATE OF ALICE O. SHEKER,
VICTORIA S. MEDINA

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DOCTRINE: Provisions of the Rules of Court
requiring a certification of non-forum shopping for
complaints and initiatory pleadings, a written
explanation for non-personal service and filing, and
the payment of filing fees for money claims against
an estate would not in any way obstruct probate
proceedings, thus, they are applicable to special
proceedings such as the settlement of the estate of
a deceased person as in the present case.

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 1. WHICH COURT HAS
JURISDICTION OVER PROBATE
PROCEEDING?

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 Pursuant to R.A. 7691, the question as to which
court shall exercise jurisdiction over probate
proceedings depends upon the gross value of the
estate of the decedent.

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2. WHERE IS VENUE IN THE
SETTLEMENT OF ESTATE
PROCEEDING?

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 The residence of the decedent at the time of his
death is determinative of the venue of the
proceeding.

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 3. WHAT IS THE NATURE OF
THE PROCEEDINGS OF
SETTLEMENT OF THE ESTATE?

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 The settlement of a decedent’s estate is a
proceeding in rem which is binding against the
whole world. All persons having interest in the
subject matter involved, whether they were notified
or not, are equally bound. (Philippine Savings Bank
v. Lantin, 124 SCRA 483)

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 1. IF A PERSON HAD NO
KNOWLEDGE OR HAD NOT
PARTICIPATED IN THE
EXTRAJUDICIAL SETTLEMENT, IS
HE BOUND THEREBY BY REASON
OF CONSTRUCTIVE NOTICE OF
PUBLICATION?

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 No. Publication in this case does not constitute
constructive notice. Extrajudicial Settlement of
Estates under Section 1 of Rule 74 is an ex parte
proceeding, and the rule plainly states that persons
who do not participate or had no notice of an
extrajudicial settlement will not be bound thereby,
and contemplates a notice that has been sent out or
issued before any deed of settlement or partition is
agreed upon, and not after such an agreement has
already been executed

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1. IS ALLOWANCE OF A WILL
NECESSARY?

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 Yes, the allowance of a will is necessary. Section
1 of Rule 75 is explicit, “No will shall pass either real
or personal estate unless it is proved and allowed in
the proper court.”

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2. IS THE PROBATE OF A WILL
MANDATORY?

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 Yes. The probate of a will is mandatory.
(Baluyot v. Panio, L-42088, 71 SCRA 86)

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3. DOES A WILL HAVE FORCE
AND EFFECT EVEN IF NOT
PROBATED?

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 No. Until admitted to probate, a will has no
effect and no right can be claimed thereunder.
(Pascual v. Court of Appeals, 409 SCRA 105)

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4. MAY A PROBATE COURT
PASS UPON THE INTRINSIC
VALIDITY OF A WILL?

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 No. In a special proceeding for the probate of a
will, the issue by and large is restricted to the
extrinsic validity of the will, i.e. whether the
testator, being of sound mind, freely executed the
will in accordance with the formalities prescribed
by law. As a rule, the question of ownership is an
extraneous matter which the probate court cannot
resolve with finality. (Pastor Jr. v. CA, 122 SCRA 185)

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5. IS A PROBATE COURT A
COURT OF LIMITED
JURISDICTION?

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 Yes. A probate court is a court of limited
jurisdiction. As such, it may only determine and
rule upon issues that relate to settlement of the
estate of deceased person such as the
administration, liquidation and distribution of the
estate.

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1. WHO MAY PETITION?

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a. Any executor, devisee, or legatee named in a will,
or

b. Any other person interested in the estate

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 2. WHO IS A “PERSON
INTERESTED IN THE ESTATE”?

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AMELIA GARCIA-QUIAZON V. MA. LOURDES
BELEN (G.R. NO. 189121, JULY 31, 2013)

DOCTRINE: An “interested party”, in estate

proceedings, is one who would be benefited in the
estate, such as an heir, or one who has a claim
against the estate, such as a creditor. Also, in estate
proceedings, the phrase “next of kin” refers to those
whose relationship with the decedent is such that
they are entitled to share in the estate as
distributees

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1. WHO ARE INCOMPETENT TO
SERVE AS EXECUTORS OR
ADMINISTRATORS?

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 Under the Rule, no person is competent to
serve as executor or administrator who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to
execute the duties of the trust by reason of
drunkenness, improvidence, or want of
understanding or integrity, or by reason of
conviction of an offense involving moral turpitude.

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1. WHAT IS THE ROLE OF A
SPECIAL ADMINISTRATOR?

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 The principal object of the appointment of a
temporary administrator is to preserve the estate
until it can pass to the hands of a person fully
authorized to administer it for the benefit of
creditors and heirs, pursuant to Section 2 f Rule 80
of the Rules of Court. (Ocampo v. Ocampo, et. Al.,
G.R. 187879, Jult 5, 2010)

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 1. AS A RULE, HEIRS HAVE NO
STANDING IN COURT TO SUE FOR
THE RECOVERY OF THE ESTATE
REPRESENTED BY AN EXECUTOR OR
ADMINISTRATOR DURING
PENDENCY OF ADMINISTRATIVE
PROCEEDINGS. CITE EXCEPTIONS, IF
THERE IS ANY.
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 The heirs have no standing in court to sue for
the recovery of property of the estate represented
by an executor or administrator. However, the heirs
may sue in the following instances:
a. If the executor or administrator is unwilling
to bring suit;
b. When the executor or administrator is made
a party defendant where he is alleged to have
participated in the act complained of.

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 2. WHAT IS THE THIRD
EXCEPTION ENUNCIATED BY
THE SUPREME COURT IN THE
CASE OF TEODORA A.
RIOFERIO, ET AL. v. CA (G.R.
NO. 129008, JANUARY 13,
2004)?
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 The rule that the heirs have no legal standing to
sue for the recovery of property of the estate during
the pendency of administration proceedings has
three exceptions, the third being when there is no
appointed administrator such as in this case

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1. WHAT IS THE CONCEPT OF
ESCHEAT?

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 It is a proceeding whereby the real and personal
property of a deceased person become the property
of the State upon his death without leaving a will or
legal heirs.

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 2. Venue?

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 A petition to declare as escheated a parcel of land
owned by a resident of the Philippines who died
intestate and without heirs or persons entitled to the
property is to be filed at the place where the deceased
person last resided.

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GUARDIANSHIP

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PART I. AS PROVIDED UNDER
THE RULES OF COURT.

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 Rules 92 to 97 of the Rules of Court limit its
application only to guardianship of incompetents
who are not minors pursuant to AM No. 03-02-05 SC.

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 PART II. UNDER
ADMINISTRATIVE CIRCULAR
N0. 03-02-05-SC OTHERWISE
KNOWN AS “THE RULE ON
GUARDIANSHIP OF MINORS.”

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 This rule which became effective on May 1, 2003,
governs guardianship of minors.

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1. WHICH COURT HAS
JURISDICTION OVER
GUARDIANSHIP
PROCEEDINGS?

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 In guardianship proceedings involving
incompetents who are not minors, the Regional
Trial Court where he resides has jurisdiction
pursuant to the provisions of Batas Pambansa 129 as
amended.

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2. WHERE IS THE VENUE OF
GUARDIANSHIP CASES?

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 Venue is the place of residence of the minor or
incompetent person.

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 1. ENUMERATE THE FACTORS
CONSIDERED IN APPOINTING A
GUARDIAN.

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 The factors taken into account in the selection
of a suitable guardian are:

a. the financial situation,

b. the physical condition,
c. the sound judgment,
d. prudence and trustworthiness,
e. the moral character and conduct, and the present
and past history of a prospective appointee, as well
as the probability of his being able to exercise the
powers and duties of guardian for the full period
during which guardianship is necessary. (Francisco
v. CA, 127 SCRA 371).
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1. WHAT ARE THE GENERAL
POWERS AND DUTIES OF A
GUARDIAN?

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 The general powers and duties of a guardian are as follows:

a. Have the care and custody of the person of the ward, and
the management of his estate, or the management of the estate
only, as the case may be (Section 1);
b. Pay the debts of ward (Section 2);
c. Settle accounts, collect debts and appear in actions for
ward (Section 4);
d. Manage the estate of the ward frugally, and apply the
proceeds to maintenance of the ward (Section 4);
e. Render verified inventory within 3 months after his
appointment and annually thereafter upon application of
interested persons (Section 7);
f. Must present his account to the court for settlement and
allowance (Section 8).

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“THE BEST INTEREST OF THE
CHILD”
-a Primary Consideration

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1. The principle of “best interest of the child”
pervades Philippine cases involving adoption,
guardianship, support, personal status, minors in
conflict with the law, and child custody.

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2. In these cases, it has long been recognized that
in choosing the parent to whom custody is given,
the welfare of the minors should always be the
paramount consideration.

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“TENDER-AGE PRESUMPTION”

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1. There is express statutory recognition that, as a
general rule, a mother is to be preferred in
awarding custody of children under the age of
seven. The caveat in Article 213 of the Family Code
cannot be ignored, except when the court finds
cause to order otherwise.

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2. The so-called “tender-age presumption” under
Article 213 of the Family Code may be overcome only
by compelling evidence of the mother’s unfitness.

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 PART II. UNDER
ADMINISTRATIVE CIRCULAR
N0. 03-02-05-SC
RULE ON GUARDIANSHIP OF
MINORS

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 1.10 WHAT IS THE ORDER OF
PREFERENCE IN APPOINTING A
GUARDIAN, IN DEFAULT OF
PARENTS OR A COURT-
APPOINTED GUARDIAN
PURSUANT TO SECTION 6?
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 The order of preference shall be as follows:
— the surviving grandparent and in case several
grandparents survive, the court shall select any of
them taking into account all relevant
considerations;
— the oldest brother or sister of the minor over
twenty-one years of age, unless unfit or
disqualified;
— the actual custodian of the minor over twenty-
one years of age, unless unfit or disqualified; and
— any other person, who in the sound discretion
of the court, would serve the best interests of the
minor.
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 ADOPTION

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 1.WHICH COURT HAS
JURISDICTION AND VENUE
OVER DOMESTIC ADOPTION
CASES?

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 According to Section 6 of the Rules of Adoption,
the petition for adoption shall be filed with the
Family Court of the province or city where the
prospective adoptive parents reside.

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 2. WHAT ARE THE LEGAL
EFFECTS OF AN ADOPTION
DECREE?

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 Adoption has, thus, the following effects:
(1) sever all legal ties between the biological parent
(s) and the adoptee, except when the biological
parent is the spouse of the adopter;
(2) deem the adoptee as a legitimate child of the
adopter; and
(3) give adopter and adoptee reciprocal rights and
obligations arising from the relationship of parent
and child, including but not limited to: (i) the right
of the adopter to choose the name the child is to be
known; and (ii) the right of the adopter and the
adoptee to be legal and compulsory heirs of each
other.
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3. RESCISSION OF ADOPTION.

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ISABELITA S. LAHOM v. JOSE MELVIN SIBULO
(G.R. No. 143989)
DOCTRINE: While R.A. No. 8552 has unqualifiedly
withdrawn from an adopter a consequential right to rescind the
adoption decree even in cases where the adoption might clearly
turn out to be undesirable, it remains, nevertheless, the bounden
duty of the Court to apply the law. Dura lex sed lex would be the
hackneyed truism that those caught in the law have to live with.
It is still noteworthy, however, that an adopter, while barred
from severing the legal ties of adoption, can always for valid
reasons cause the forfeiture of certain benefits otherwise
accruing to an undeserving child. For instance, upon the grounds
recognized by law, an adopter may deny to an adopted child his
legitime and, by a will and testament, may freely exclude him
from having a share in the disposable portion of his estate.’’

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1. CASES WHERE HABEAS
CORPUS IS EXTENDED.

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 Under Section 1, the writ of habeas corpus shall
extend to all cases of illegal confinement or
detention by which any person is deprived of his
liberty, or by which the rightful custody of any
person is withheld from the person entitled thereto
except as otherwise expressly provided by law.

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2. MAY A WIFE SECURE A WRIT
OF HABEAS CORPUS TO
COMPEL HER HUSBAND TO
LIVE WITH HER IN CONJUGAL
BLISS?

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 The answer is no.
a. Marital rights including coverture and living in conjugal
dwelling may not be enforced by the extraordinary writ of habeas
corpus. A writ of habeas corpus extends to all cases of illegal
confinement or detention, or by which the rightful custody of a
person is withheld from the one entitled thereto.
b. No court is empowered as a judicial authority to compel a
husband to live with his wife. Coverture cannot be enforced by
compulsion of a writ of habeas corpus carried out by sheriifs or
any other mesne process. This is a matter beyond judicial
authority and is best left to the man and woman’s free choice.
Ilusorio vs. Bildner, G.R. No. 139789, 332 SCRA, May 12, 2000
c. To justify the grant of the petition, the restraint of liberty
must be an illegal and involuntary deprivation of freedom of
action. The illegal restraint of liberty must be actual and effective,
not merely nominal or moral. (Erlinda K. Ilusorio v. Erlinda I. Bildner
and Sylvia K. Ilusorio, G.R. No. 139808 May 12, 2000)
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3. CAN A HUSBAND REFUSE TO
SEE HIS WIFE WITHOUT
THREAT OF ANY PENALTY
ATTACHED TO THE EXERCISE OF
HIS RIGHT?

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 Yes, in case the husband refuses to see his wife
for private reasons, he is at liberty to do so without
threat of any penalty attached to the exercise of his
right.

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 4. ARE THERE INSTANCES
WHERE A WRIT OF HABEAS
CORPUS MAY BE ISSUED EVEN
IF THE DETENTION IS BY
VIRTUE OF A JUDGMENT?

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 Yes, the rule that habeas corpus may not be
availed of if the detention is by virtue of a valid
judgment is not absolute.

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 The writ may be allowed as a post-conviction
remedy when the proceedings leading to the
conviction were attended by any of the following
exceptional circumstances:
1. there was a deprivation of a constitutional right
resulting in the restraint of a person;
2. the court had no jurisdiction to impose the
sentence; or
3. the imposed penalty was excessive, thus
voiding the sentence as to such excess. (Samuel
Barredo y Golani v. Hon. Vicente Vinarao, Director,
Bureau of Corrections, G.R. No. 168728, August 02, 2007)

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5. MAY HABEAS CORPUS BE
RESORTED TO WHERE
RIGHTFUL CUSTODY IS
WITHHELD FROM A PERSON
ENTITLED THERETO?

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 Habeas corpus may be resorted to in cases
where rightful custody is withheld from a person
entitled thereto under Article 211 of the Family
Code.

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 6. IS A MOTION FOR
EXECUTION NECESSARY TO
EFFECT A HABEAS CORPUS
DECISION?

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 No, there is no need to file a motion for
execution for habeas corpus decision. Since the
right to life, liberty and security of a person is at
stake, the proceedings should not be delayed and
execution of any decision thereon must be
expedited as soon as possible since any form of
delay, may jeopardize the very rights these writs
seek to immediately protect (Lt. Colonel Rogelio Boac,
et al. v. Erlinda T. Cadapan, et al., G.R. Nos. 184461-62,
184495,187109, May 31, 2011)

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 1. ENUMERATE THE
REQUISITES FOR THE GRANT
OF THE WRIT OF HABEAS
CORPUS INVOLVING CUSTODY
OF MINORS?

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 The requisites for the valid grant of the writ
where rightful custody over a minor is withheld
from a person lawfully entitled therein are as
follows:
1. The petitioner has the right of custody over the
minor child;
2. The rightful custody over the minor is being
withheld by the respondent;
3. That it serves the best interest of the minor
child to be in the custody of the petitioner rather
than with the respondent.

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 1. DEFINITION OF
“EXTRALEGAL KILLINGS”.

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 "Extralegal killings" are killings committed
without due process of law, i.e., without legal
safeguards or judicial proceedings.

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2. DEFINITION OF "ENFORCED
DISAPPEARANCES".

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 They are "attended by the following
characteristics: an arrest, detention or abduction of
a person by a government official or organized
groups or private individuals acting with the direct
or indirect acquiescence of the government; the
refusal of the State to disclose the fate or
whereabouts of the person concerned or a refusal to
acknowledge the deprivation of liberty which places
such persons outside the protection of the law.

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 3. IS GOVERNMENT
INVOLVEMENT IN THE
DISAPPERANCE AN
INDISPENSABLE ELEMENT?

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 Yes, under Section 1 of A.M. No. 07-9-12-SC, a
Writ of Amparo may lie against a private individual
or entity. But even if the person sought to be held
accountable or responsible in an Amparo petition is
a private individual or entity, still, government
involvement in the disappearance remains an
indispensable element.

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 1. IN THE MATTER OF THE
PETITION FOR THE WRIT OF
AMPARO AND HABEAS DATA IN
FAVOR OF NORIEL H. RODRIGUEZ
V. GLORIA MACAPAGAL-ARROYO,
GEN. VICTOR S. IBRADO, ET.AL,
G.R. NO. 191805 APRIL 16, 2013
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 DOCTRINE: In the instant case, this Court rules
that respondents in G.R. No. 191805 are responsible
or accountable for the violation of Rodriguez’s right
to life, liberty and security on account of their
abject failure to conduct a fair and effective official
investigation of his ordeal in the hands of the
military.

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2. LOURDES D. RUBRICO, ET AL.
v. GLORIA MACAPAGAL-
ARROYO, ET AL.
G.R. No. 183871, February 18,
2010

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DOCTRINES:
a. If command responsibility were to be invoked and
applied to these proceedings, it should, at most, be
only to determine the author who, at the first instance,
is accountable for, and has the duty to address, the
disappearance and harassments complained of, so as
to enable the Court to devise remedial measures that
may be appropriate under the premises to protect
rights covered by the Writ of Amparo.
b. However, the determination should not be pursued
to fix criminal liability on respondents preparatory to
criminal prosecution, or as a prelude to administrative
disciplinary proceedings under existing
administrative issuances, if there be any.
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3. REV. FR. ROBERT P. REYES v.
CA, SECRETARY RAUL
GONZALEZ, ET AL., G. R. No.
182161, December 3, 2009

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DOCTRINE: Here, the restriction on petitioner’s
right to travel as a consequence of the pendency of
the criminal case filed against him was not
unlawful. Petitioner also failed to establish that his
right to travel was impaired in the manner and to
the extent that it amounted to a serious violation of
his right to life, liberty, and security, for which there
exists no readily available legal recourse or remedy.

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 4. THE SECRETARY OF
NATIONAL DEFENSE v.
RAYMOND and REYNALDO
MANALO, G.R. No. 180906,
October 7, 2008

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DOCTRINE: Nonetheless, the circumstances of
respondents’ abduction, detention, torture and
escape reasonably support a conclusion that there
is an apparent threat that they will again be
abducted, tortured, and this time, even executed.
These constitute threats to their liberty, security,
and life, actionable through a petition for a Writ of
Amparo.

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INFANT JULIAN YUSAY CARAM
v. ATTY. MARIJOY D. SEGUI,
ATTY. SALLY D. ESCUTIN, ET.
AL., G.R. No. 193652 AUGUST
05, 2014

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DOCTRINE: Since it is extant from the pleadings
filed that what is involved is the issue of child
custody and the exercise of parental rights over a
child, who, for all intents and purposes, has been
legally considered a ward of the State, the Amparo
rule cannot be properly applied.

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THE WRIT OF HABEAS DATA

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 The writ of habeas data directs the issuance
only against public officials or employees, or private
individuals or entities engaged in gathering,
collecting or storing of data or information
regarding an aggrieved party’s person, family or
home. MERALCO, Alexander Deyto and Ruben Sapitula
vs.Rosario Gopez Lim, G.R. No. 184769 October 5, 2010

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1. DEFINE WRIT OF HABEAS
DATA UNDER SECTION 1.

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 It 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 of a private
individual or entity engaged in the gathering,
collecting or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party.

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1. IS CHANGE OF NAME A
MATTER OF RIGHT?

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No, the Court has had occasion to express the view that
the State has an interest in the names borne by
individuals and entities for purposes of identification,
and that a change of name is a privilege and not a right,
so that before a person can be authorized to change his
name given him either in his certificate of birth or civil
registry, he must show proper or reasonable cause, or
any compelling reason which may justify such change.
Otherwise, the request should be denied. (In re:
Petition for change of name and/or correction/cancellation
of entry in civil registry of Julian Lin Carulasan Wang also
known as Julian Lin Wang, to be amended/corrected as
Julian Lin Wang v. Cebu City Civil Registrar, G.R. No.
159966, March 30, 2005)
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 2. WHAT ARE THE VALID
GROUNDS FOR CHANGE OF
NAME?

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 The touchstone for the grant of a change of
name is that there be ‘proper and reasonable cause’
for which the change is sought. To justify a request
for change of name, petitioner must show not only
some proper or compelling reason therefore but
also that he will be prejudiced by the use of his true
and official name.

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3. WHAT MAY CONSTITUTE AS
A PROPER GROUND FOR
OBJECTION TO CHANGE OF
NAME?

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 Essentially, a change of name does not define or
effect a change of one’s existing family relations or
in the rights and duties flowing therefrom. It does
not alter one’s legal capacity or civil status.

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4. DISCUSS THE CONSEQUENCE
OF A GRANT TO CHANGE
NAME.

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a. A mere change of name would not cause a cause in
one’s existing family relations, nor create new family
rights and duties where none exists before.

b. Neither would it affect a person’s legal capacity, civil

status or citizenship. What would be altered is the word
or group of words by which he is identified and
distinguished from the rest of his fellow men (Ang Chay
v. Republic, 34 SCRA 224).

c. A change of name granted by the court affects only

the petitioner. A separate petition for change of name
must be filed for his wife and children. (Secan kok v.
Republic, L-27621, August 30, 1973).
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IN RE: PETITION FOR CHANGE OF
NAME AND/OR CORRECTION/
CANCELLATION OF ENTRY IN
CIVIL REGISTRY OF JULIAN LIN
CARULASAN WANG v. CEBU CITY
CIVIL REGISTRAR
G.R. No. 159966,March 30, 2005
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DOCTRINE: In the case at bar, the only reason
advanced by petitioner for the dropping of his
middle name is convenience. However, how such
change of name would make his integration into
Singaporean society easier and convenient is not
clearly established. That the continued use of his
middle name would cause confusion and difficulty
does not constitute proper and reasonable cause to
drop it from his registered complete name.

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1. WHAT ARE THE REQUISITES
FOR THE DECLARATION OF
PRESUMPTIVE DEATH?

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 As noted by the Court in that case, the four requisites
for the declaration of presumptive death under the Family
Code are as follows:
a. That the absent spouse has been missing for four
consecutive years, or two consecutive years if the
disappearance occurred where there is danger of death
under the circumstance laid down in Article 391, Civil
Code;
b. That the present spouse wishes to remarry;
c. That the present spouse has a sell-founded belief that
the absentee is dead; and
d. That the present spouse files a summary proceeding for
the declaration of presumptive death of the absentee.
Republic v. Yolanda Granada, G.R. No. 187512, June 13, 2012
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2. WHAT SHOULD BE THE BASIS
OF THE WELL-FOUNDED BELIEF
THAT THE ABSENT SPOUSE IS
DEAD?

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 The belief of the present spouse must be the
result of proper and honest to goodness inquiries
and efforts to ascertain the whereabouts of the
absent spouse and whether the absent spouse is
still alive or is already dead. Whether or not the
spouse present acted on a well-founded belief of
death of the absent spouse depends upon the
inquiries to be drawn from a great many
circumstances occurring before and after the
disappearance of the absent spouse and the nature
and extent of the inquiries made by present spouse.
Yolanda Granada, G.R. 187512, June 13, 2012

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 1. WHICH COURT HAS
JURISDICTION ON PETITIONS
FILED UNDER RULE 108?

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 The verified petition must be filed before the
Regional Trial Court where the corresponding civil
registry is located.

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 2. SHOULD A PETITION FOR
THE CORRECTION OR CHANGE
OF ENTRIES IN ONE’S BIRTH
CERTIFICATE BE GRANTED BY
REASON OF “SEX CHANGE”?

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 No. Since the statutory language of the Civil
Register Law was enacted in the early 1900s and
remains unchanged, it cannot be argued that the
term “sex” as used then is something alterable
through surgery or something that allows a post-
operative male-to-female transsexual to be
included in the category “female.” Thus, there is no
legal basis for his petition for the correction or
change of entries in his birth certificate.

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 3. Rommel Jacinto Dantes
Silverio v. Republic of the
Philippines,
G.R. No. 174689, October 22,
2007).

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 4. ON THE OTHER HAND, MAY
THE COURT GRANT A PETITION
UNDER RULE 108 TO CHANGE
THE GENDER OF A PERSON
FROM “FEMALE” TO “MALE”
BY REASON OF CONGENITAL
ADRENAL HYPERPLASIA (CAH)?
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 Yes, as provided in the case of Republic v.
Cagandahan, 562 SCRA 72.

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 5. WHAT IS CONGENITAL
ADRENAL HYPERPLASIA (CAH)?

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 During the twentieth century, medicine
adopted the term “intersexuality” to apply to
human beings who cannot be classified as either
male or female. The term is now of widespread use.
An organism with intersex may have biological
characteristics of both male and female sexes.”

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 6. REPUBLIC v. JENNIFER B.
CAGANDAHAN
G.R. No. 166676, September 12,
2008

/cmm2016
 7. MAY A PETITION FOR
RECOGNITION OF A FOREIGN
JUDGMENT BE MADE UNDER
RULE 108?

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 Yes, since the recognition of a foreign judgment
only requires proof of fact of the judgment, it may be
made in a special proceeding for cancellation or
correction of entries in the civil registry under Rule
108 of the Rules of Court. Rule 1, Section 3 of the Rules
of Court provides that “[a] special proceedings is a
remedy by which a party seeks to establish a status, a
right, or a particular fact.” Rule 108 creates a remedy to
rectify facts if a person’s life which are recorded by the
State pursuant to the Civil Register Law or Act No. 3753.
These are facts of public consequence such as birth,
death, or marriage, which the State has an interest in
recording.

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 8. GERBERT CORPUS v.
DAISYLYN STO.TOMAS
G.R. No. 186571, August 11,
2010

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DOCTRINE: 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.
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 9. JENIE DELA CRUZ vs.
GARCIA, G.R. No. 177728, July
31, 2009

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DOCTRINE: In view of the pronouncements herein
made, the Court sees it fit to adopt the following
rules respecting the requirement of affixing the
signature of the acknowledging parent in any
private handwritten instrument wherein an
admission of filiation of a legitimate or illegitimate
child is made:

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1. WHAT ENTRIES IN THE CIVIL
REGISTRY ARE SUBJECT TO R.A.
9048?

/cmm2016
 No entry in a civil registry shall be changed or
corrected without a judicial order except:

1. for clerical or typographical errors of first

name; and
2. change of first name or nickname.

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2. WHICH GOVERNMENT BODY
HAS JURISDICTION TO EFFECT
CHANGE OR CORRECTION?

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 The same can be corrected or changed by
concerned city or municipal civil registrar or consul
general.

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3. IS THE CLERICAL ERROR ACT
LIMITED TO CORRECTION OF
CLERICAL OR TYPOGRAPHICAL
ERRORS ONLY?

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 No. The law is clear. It also applies to change of
first name or nickname.

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4. DOES THE CLERICAL ERROR
ACT APPLY TO CHANGE OF
FULL NAME?

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 No. Change of full name is covered by Rule 103.
The act is limited to clerical or typographical errors
and change of first name or nickname.

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5. WHERE IS THE FILING OF
THE PETITION?

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1. The petition may be filed with the local civil
registry office of the city or municipality where the
record being sought to be corrected or changed is
kept.

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2. In case the petitioner has already migrated to
another place in the country and it would not be
practical for such party, in terms of transportation
expenses, time and effort to appear in person
before the local civil registrar keeping the
documents to be corrected or changed, the petition
may be filed, in person, with the local civil registrar
of the place where the interested party is presently
residing or domiciled.

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6. ENUMERATE THE GROUNDS
FOR CHANGE OF FIRST NAME
OR NICKNAME UNDER
SECTION 4 OF THIS ACT.

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 The petition for change of first name or
nickname may be allowed in any of the following
cases:
(1) The petitioner finds the first name or nickname
to be ridiculous, tainted with dishonor or extremely
difficult to write or pronounce;
(2) The new first name or nickname has been
habitually and continuously used by the petitioner
and he has been publicly known by the first name
or nickname in the community; or
(3) The change will avoid confusion.

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7. WHAT IS THE EFFECT OF R.A.
9048 TO THE APPLICATION OF
RULE 108?

/cmm2016
 Under this new law, “clerical or typographical
errors and change of first name or nickname” may
be corrected or changed by the concerned city or
municipal registrar or consul general, without need
of any judicial order.

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8. DOES R.A. 9048 APPLY TO
CHANGE IN NATIONALITY?

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 No, Republic Act. No. 9048 provides in Section 2
(3) that a summary administrative proceeding to
correct clerical or typographical errors in a birth
certificate cannot apply to a change in nationality.

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1. WHAT ARE THE ENTRIES IN
THE BIRTH CERTIFICATE THAT
CAN BE CORRECTED?

/cmm2016
1. clerical or typographical errors and change of
first name or nickname; (R.A. 9048) and

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2. day and month in the date of birth or sex of a
person where it is patently clear that there was a
clerical or typographical error or mistake in the
entry. (R.A. 10172)

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 2. WHAT ARE THE ENTRIES IN
THE BIRTH CERTIFICATE THAT
CANNOT BE CHANGED? (SEC. 2
(3), R.A. NO. 10172)

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1. nationality;

2. age; or

3. status of the petitioner.

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 3. WHAT ARE THE
REQUIREMENTS FOR
CORRECTION OF DATE OF
BIRTH (day or month) OR THE
SEX OF THE PERSON? (SEC.5,
R.A. NO. 10172)
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 No petition for correction of erroneous entry
concerning the date of birth or the sex of a person
shall be entertained except:

/cmm2016
1. if the petition is accompanied by earliest school
record or earliest school documents such as, but
not limited to, medical records, baptismal
certificate and other documents issued by religious
authorities;
and in case of change of gender, the petition is
accompanied by a certification issued by an
accredited government physician attesting to the
fact that the petitioner has not undergone sex
change or sex transplant.

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2. The petition for change of first name or
nickname, or for correction of erroneous entry
concerning the day and month in the date of birth
or the sex of a person, as the case may be, shall be
published at least once a week for two (2)
consecutive weeks in a newspaper of general
circulation.

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 1. COMPARATIVE TABLE ON
RULE 103, RULE 108, R.A. 9048
AND R.A. 10172:

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 Rule 103 Rule 108 R.A. 9048 R.A. 10172

Name of Law Change of Name Cancellation/Correctio Clerical Error Act Amendment to R.A.
n of Entries in the Civil 9048
Registry

Subject Matter Change of full name Change or corrections Change of first name Correction of clerical
(substantial in the civil entries and nickname and or typographical
corrections) (substantial civil entries (only errors in the day and
corrections) typographical or month in the date of
clerical errors) birth or sex of a
person

Who may File A person desiring to Any person interested Any person having Same in R.A. 9048
change his name. in any act, event, order direct and personal
(Section 1) or decree concerning interest in the
the civil status of correction of a clerical
persons which has or typographical error
been recorded in the in an entry and/or
civil register. (Section change of first name
1) or nickname. (Section
3)

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 Rule 103 Rule 108 R.A. 9048 R.A. 10172

Venue RTC of the province RTC of city or province 1. Local civil registry 1. Local civil registry
in which petitioner where the office of the city or office of the city or
resides for 3 years corresponding civil municipality where municipality where
prior to filing, or, in registry is located. the record being the record being
the City of Manila, to sought to be sought to be
the Juvenile and corrected or changed corrected or changed
Domestic Relations is kept; is kept;
Court.
2.Local civil registrar
of the place where the 2.Local civil registrar
interested party is of the place where the
presently residing or interested party is
domiciled; presently residing or
domiciled;
3.Philippine
Consulate. 3.Philippine
Consulate.

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 Rule 103
Contents of petition (a) That the petitioner
has been a bona fide
resident of the province
where the petition is filed
for at least three (3) years
prior to the date of such
filing;
(b) The cause for which
the change of the
petitioner’s name is
sought;
(c) The name asked for.
(Section 2)
Rule 108
(a) That the petitioner has
been a bona fide resident of
the province where the
petition is filed for at least
three (3) years prior to the date
of such filing;
(b) The cause for which the
change of the petitioner’s
name is sought;
(c) The name asked for.
(Section 2)
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R.A. 9048 R.A. 10172
(a) Facts necessary to establish (a) Facts necessary to establish the merits of the petition;
the merits of the petition;
(b) Facts that shall show affirmatively that the petitioner is
(b) particular competent to testify to the matters stated in the petition.
erroneous entry or entries, which
are sought to be corrected and/or The petition shall be supported with the following documents:
the change sought to be made.
(1) A certified true machine copy of the certificate or of the page
The petition shall be supported of the registry book containing the entry or entries sought to be
with the following documents: corrected or changed;
(1) A certified true machine copy (2) At least two (2) public or private documents showing the
of the certificate or of the page of correct entry or entries upon which the correction or change
the registry book containing the shall be based; and
entry or entries sought to be
corrected or changed; (3) Other documents which the petitioner or the city or
municipal civil registrar or the consul general may consider
(2) At least two (2) public or relevant and necessary for the approval of the petition. (Section
private documents showing the 3)
correct entry or entries upon
which the correction or change No petition for correction of erroneous entry concerning the
shall be based; and date of birth or the sex of a person shall be entertained except:
(3) Other documents which the -if the petition is accompanied by earliest school record or
petitioner or the city or municipal earliest school documents such as, but not limited to, medical
civil registrar or the consul records, baptismal certificate and other documents issued by
general may consider relevant and religious authorities;
necessary for the approval of the nor shall any entry involving change of gender corrected except:
petition. (Section 5)
- if the petition is accompanied by a certification issued by an
accredited government physician attesting to the fact that the
petitioner has not undergone sex change or sex transplant.
Furthermore, the petitioner shall submit a certification from the
appropriate law enforcement agencies that he has no pending
case or no criminal record.
 Rule 103
Grounds 1. Name is ridiculous, tainted
with dishonor and extremely
difficult to write or
pronounce;
2. Consequence of change of
status;
3. Necessity to avoid
confusion;
4. Having continuously used
and 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 former alienage all in
good faith and without
prejudicing anybody.
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Rule 108
Upon good and valid grounds,
the following entries in the
civil register may be cancelled
or corrected.
R.A. 9048
1. The petitioner finds the
first name or nickname to be
ridiculous, tainted with
dishonor or extremely
difficult to write or
pronounce;
2. The new first name or
nickname has been
habitually and continuously
used by the petitioner and
he has been publicly known
by that by that first name or
nickname in the community;
or
3. The change will avoid con-
fusion. (Section 4)
 Rule 103 Rule 108 R.A. 9048 R.A. 10172
Kind of Judicial Proceeding Summary proceeding Administrative Administrative proceeding
proceeding This can be converted to proceeding
an adversarial
proceeding if there are
substantial changes and
affect the status of an
individual.
What to File File a signed and File a verified petition File an affidavit. File an affidavit
verified petition. for the cancellation or
correction of any entry. The petition and its supporting
papers shall be filed in three (3)
copies to be distributed as
follows:

First copy-to the concerned city

or municipal civil registrar, or
the consul general;

Second copy-to the Office of

Civil Registrar General;
Third copy-to the petitioner.

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 Rule 103 Rule 108 R.A. 9048 R.A. 10172

Notice and At least once a week At least once a week for At least once a week At least once a week
Publication for three consecutive three consecutive weeks for two (2) consecutive for two (2) consecutive
weeks in some in some newspaper of weeks (publish the weeks in a newspaper
newspaper circulation general circulation whole affidavit) of general circulation
(notice of hearing) (notice of hearing)

Posting No posting No posting Duty of the civil No posting

registrar or Consul to
post the petition in a
conspicuous place for
10 consecutive days

Who participates The Solicitor General The Civil Registrar The Civil Registrar or Same in R.A. 9048
on the part of the or the proper the Consul.
Government provincial or city fiscal
shall appear on behalf
of the Government of
the Republic.

Where to appeal Appeal decision with Appeal decision with Appeal decision to the Same in R.A. 9048
the Court of Appeals. the Court of Appeals. Civil Registrar General
(head of NCSO).

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 2. COMPARATIVE TABLE ON
JURISDICTION AND VENUE IN
SPECIAL PROCEEDINGS

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 Kinds of Special Proceedings Jurisdiction and Venue

1. Settlement of Estate 1. RTC or MTC (depending on the gross value of

(Rule 73) the estate) of the province where the deceased last
resided.

2. In case the decedent is a non-resident of the

Philippines at the time of his death, venue lies in
any province in which he had an estate.

2. Escheat 1. RTC of province where the deceased last

(Rule 91) resided.
2. In case the decedent is a non-resident of the
Philippines at the time of his death, venue lies in
any province in which he had an estate.

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 Kinds of Special Proceedings Jurisdiction and Venue

3. Guardianship

a. Rule on Guardianship of Minors
(A.M. No. 03-02-05-SC)
1. Family Court of province or city where the minor
actually resides.
2. If the minor resides in a foreign country, in the
Family Court of the province or city where his
property or any part thereof is situated

b. Guardianship over incompetent

persons who are not minors under 1. RTC of the province or city where incompetent
the Rules of Court (Rules 92-97) person last resided.
2. If the incompetent person resides in a foreign
country, in the Family Court of the province or city
where his property or any part thereof is situated.

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 Kinds of Special Proceedings Jurisdiction and Venue

4. The Rules of Adoption

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

a. If filed under the Domestic 1. Family Court of province or city where

Adoption Act (R.A. 8552) prospective adoptive parents reside.
2. If the petition is for Rescission of Adoption of
the Adoptee—Family Court of the city or province
where the adoptee resides.(Sec.19)

b. If filed under the Inter-Country 1. Family Court having jurisdiction over the place
Adoption Act (R.A. 8043) where the child resides or may be found (filed by a
foreign national or Filipino citizen permanently
residing abroad).
2. It may be filed directly with the Inter-Country
Adoption Board.
/cmm2016
 Kinds of Special Proceedings Jurisdiction and Venue

5. Habeas Corpus

a. Habeas Corpus for illegal 1. If filed with RTC, where detainee is detained. SC,
confinement or detention (Rule 102) CA and RTC have concurrent jurisdiction.
*The writ of habeas corpus issued by the RTC shall
be enforceable only within its judicial region (Sec. 21,
BP 129).

b. Habeas Corpus for custody of 1. Family courts have exclusive jurisdiction (Family
minors (A.M. No. 03-04-04 SC) Courts Act of 1997 [RA 8309]).
2. Under the Rule on Custody of Minors and Writ of
Habeas Corpus in relation to Custody of Minors
(A.M. No. 03-04-04-SC), the petition may be filed
with SC, CA or any of its members, and, if so
granted, the writ shall be enforceable anywhere in
the Philippines.

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 Kinds of Special Proceedings Jurisdiction and Venue

6. Amparo (A.M. No. 07-9-12-SC) SC, CA and Sandiganbayan, RTC

If with the RTC:
The place where the threat, act or omission was
committed or any of its elements occurred.(Sec.3)

7. Habeas Data (A.M. No. 08-1-16-SC) SC, CA and Sandigabayan when the action concerns
public data files of government offices
If with the RTC:
1. where petitioner resides; or
2. where respondent resides; or
3. that which has jurisdiction over the place where
data or information is gathered, collected or stored,
at the option of petitioner. (Sec.3)

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 Kinds of Special Proceedings Jurisdiction and Venue

8. Change of name (Rule 103):

RTC of the province where the petitioner
resides.(Sec.1)
9. Absentees (Rule 107):
RTC of place where absentee resided
before his disappearance.(Sec.1)

10. Cancellation or Correction of RTC of the province where the corresponding Local
Entries (Rule 108): Civil Registrar of place is located.(Sec.1)

11. The Clerical Error Act (R.A. 9048) 1. Local civil registry office of the city or municipality
where the record being sought to be corrected or
changed is kept;

2.Local civil registrar of the place where the interested

party is presently residing or domiciled;

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3. DISTINCTION BETWEEN
WRITS OF HABEAS CORPUS,
AMPARO AND DATA:

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 WRIT OF HABEAS CORPUS
LEGAL BASIS The Rule was drafted pursuant Same
to the Supreme Court’s
constitutional power to
promulgate rules for the
protection and enforcement of
constitutional rights
(Constitution, Art. VIII, Sec.
5[5]).
GOVERNING LAW Rule 102
Definition “Habeas corpus” is a Latin
phrase which literally means
“you have the body.” Basically,
it is a writ directed to the
person detaining another,
commanding him to produce
the body of the prisoner at a
designated time and place,
with the day and cause of his
capture and detention, to do,
submit to, and receive
whatsoever the court or judge
awarding the writ shall
consider in that behalf.
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AMPARO
A.M. No. 07-9-12-SC
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.
HABEAS DATA
Same
A.M. No. 08-1-16-SC
It 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
of a private individual or
entity engaged in the
gathering, collecting or
storing of data or
information regarding the
person, family, home and
correspondence of the
aggrieved party.
 WRIT OF HABEAS CORPUS
REMEDY FOR Sec. 1
To all cases of illegal
confinement or detention:
1. By which any person is
deprived of his liberty; or
2. By which the rightful
custody of any person is
withheld from the person
entitled thereto.
EFFECTIVITY The Rule took effect on 1 July
1997.
/cmm2016
AMPARO
Sec. 1
To any person whose right to
life, liberty and security is
violated or threatened with
violation by an unlawful act
or omission of a public official
or employee, or of a private
individual or entity.
The Rule took effect on 24
October 2007.
HABEAS DATA
Sec. 1
To any person whose right
to privacy in life, liberty
and security is violated or
threatened with violation
by an unlawful act or
omission of a public
official or employee, or of a
private individual or entity
engaged in:
1. Gathering
2. Collecting
3. Storing of data or
information regarding the
person family, home and
correspondence of the
aggrieved party.
The Rule took effect on 2
February 2008.
 WRIT OF HABEAS CORPUS
PETITIONER Sec. 3
By the party for whose
relief it is intended, or by
some other person in his
behalf
VENUE Sec. 2
Where the plaintiff resides
or where the defendant
resides, or in the case of
non-resident defendant,
where he may be found, at
the election of the plaintiff.
/cmm2016
AMPARO
Sec. 2
By the aggrieved party, or by
any qualified person or
entity in the order provided
in Sec. 2
Sec. 3
SC, CA and SB: Manila;
RTC of the place where the
threat, act or omission was
committed or any of its
elements occurred.
HABEAS DATA
Sec. 2
General rule:
The aggrieved party
Except:
In cases of extralegal killings and
enforced disappearances:
1.Immediate family;
2. In default of no. 1, ascendant,
descendant or collateral relative
within the 4th civil degree of
consanguinity or affinity.
Sec. 3
SC, CA and SB: Manila;
RTC:
1. Where the petitioner resides;
2. Where the respondent resides;
3. Which has jurisdiction over the
place where data or information is
gathered etc.
All at the option of the petitioner.
 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA

EXTENT OF SC CA and SB: anywhere in the Anywhere in the Philippines Anywhere in the
ENFORCEABILITY Philippines Philippines
RTC: only within its judicial
district
WHEN TO FILE Sec. 2 Sec. 3
On any day and at any time On any day and at any time

DOCKET FEES AND Sec. 4 Sec. 5

OTHER LAWFUL Exempt Exemption only applies to
FEES an indigent petitioner only

REQUISITES OF Sec. 3 Sec. 5 Sec. 6

PETITION Signed and verified Signed and verified Verified written petition

ISSUANCE OF THE Sec. 5 Sec. 6 Sec. 7

WRIT When it appears, it ought to When it its face ought to When in its face ought to
be issued immediately issue immediately issue immediately
However there should be
service within three days

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 WRIT OF HABEAS CORPUS
SUMMARY HEARING Sec. 12
Hearing on return
HOW SERVED Sec. 7
Service of the writ shall be
made by leaving the original
with the person to whom it is
directed and preserving a copy
on which to make return of
service. If that person cannot
be found, or has not the
prisoner in custody then the
service shall be made on any
person having or exercising
such custody.
CONTENTS OF Sec. 10
RETURN Signed and shall also be sworn
to if the prisoner is not
produced.
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AMPARO
Sec. 6
Not later than 7 days from the Not later than 10 days from
date of its issuance
Sec. 8
If the writ cannot be served
personally on the respondent,
the rules on substituted
service shall apply.
Sec. 9
Verified written return
-–period to file cannot be
extended except on highly
meritorious ground;
HABEAS DATA
Sec. 7
the date of its issuance
Sec. 9
If the writ cannot be
served personally on the
respondent, the rules on
substituted service shall
apply
Sec. 9
Verified written return
-may be reasonably
extended by the court for
justifiable grounds;
 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA

PENALTIES Sec. 16 Sec. 7 Sec. 8 and 11

Clerk of a court who refuses to 1. Clerk of court who refuses to
Same with Writ of Amparo
issue the writ; issue the writ;
Person to whom a writ is 2. Deputized person
directed, who neglects or who refuses to serve the same;
refuses to obey or make return
of the same according to the Penalty = contempt without
command thereof, or makes prejudice to other disciplinary
false return thereof, refuses to actions.
deliver to the person
demanding, within six (6) Sec. 16
hours after the demand of a 1. Respondent who
true copy of the warrant or refuses to make a return, or
order of commitment: make a false return;
2. Any person who
Penalties: disobeys or resists a lawful
a. forfeit to the party process order of the court.
aggrieved the sum of one
thousand pesos, to be Penalties:
recovered in a proper action; a. Contempt;
b. contempt. b. Imprisonment;
c. Fine.

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 WRIT OF HABEAS AMPARO HABEAS DATA
CORPUS
WHEN DEFENSES none none Sec. 12
MAY BE HEARD IN May be heard in chambers
CHAMBERS
PROHIBITED Sec. 11 Sec. 13.
PLEADINGS AND (a) Motion to dismiss; (a) Motion to dismiss;
MOTIONS (b) Motion for extension of time (b) Motion for extension of
to file return, opposition, affidavits, time to file opposition, affidavit,
position paper and other pleadings; position paper and other pleadings;
(c) Dilatory motion for (c) Dilatory motion for
postponement; postponement;
(d) Motion for a bill of (d) Motion for a bill of
particulars; particulars;
(e) Counterclaim or cross-claim; (e) Counterclaim or cross-
(f) Third-party complaint; claim;
(g) Reply; (f) Third-party complaint;
(h) Motion to declare (g) Reply;
respondent in default; (h) Motion to declare
(i) Intervention; respondent in default;
(j) Memorandum; (i) Intervention;
(k) Motion for reconsideration (j) Memorandum;
of interlocutory orders or interim (k) Motion for reconsideration
relief orders; and of interlocutory orders or interim
(l) Petition for certiorari, relief orders; and
mandamus or prohibition against any (l) Petition for certiorari,
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interlocutory order. mandamus or prohibition against
 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA
EFFECT OF FAILURE Sec. 12 Sec. 14
TO FILE A RETURN In case the respondent fails to In case the respondent fails
file a return, the court, justice to file a return, the court,
or judge shall proceed to hear justice or judge shall
the petition ex parte. 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 to
submit evidence.
SUMMARY HEARING Sec. 13 Sec. 15
The hearing on the petition
Same with Writ of Amparo
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.
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WRIT OF HABEAS CORPUS AMPARO
INTERIM Sec. 12 Sec. 14
RELIEFS 1.Unless for good cause
shown, the hearing is (a) Temporary Protection Order. — The court, justice or judge, upon motion or motu proprio, may order that the petitioner
adjourned, in which or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited
event the court shall person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or
make an order for the institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved.
safe keeping of the The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the
person imprisoned or petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall
restrained as the issue. The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by
nature of the case the court, justice or judge.
requires;
2. The court or judge (b) Inspection Order. — The court, justice or judge, upon verified motion and after due hearing, may order any person in
must be satisfied that possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring,
the person’s illness is surveying, or photographing the property or any relevant object or operation thereon. The motion shall state in detail the
so grave that he cannot place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of
be produced without the enforced disappearance or whereabouts of the aggrieved party. If the motion is opposed on the ground of national
any danger security or of the privileged nature of the information, the court, justice or judge may conduct a hearing 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 alleged to be threatened or violated. The inspection order shall specify the person or 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.

(d) Witness Protection Order. — The court, justice or judge, upon motion or motu proprio, may refer the witnesses
to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic
Act No. 6981.
The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private
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institutions capable of keeping and securing their safety.
 WRIT OF HABEAS CORPUS
JUDGMENT Sec. 15
When the court or judge has
examined into the cause of
caption and restraint of the
prisoner, and is satisfied that
he is unlawfully imprisoned
or restrained, he shall
forthwith order his discharge
from confinement, but such
discharge shall not be
effective until a copy of the
order has been served on the
officer or person detaining
the prisoner. If the officer or
person detaining the
prisoner does not desire to
appeal, the prisoner shall be
forthwith released.
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AMPARO
Sec. 18
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.
HABEAS DATA
Sec. 16
Same with WOA with an
addition that upon
finality, the judgment
shall be enforced by the
sheriff or any lawful
officers as may be
designated by the court,
justice or judge within 5
working days.
 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA

APPEAL Sec. 15 in relation to Sec. 3 of Sec. 19 Sec. 19

Rule 41 and Sec. 39 of BP 129:
48 hours from notice of
judgment appealed from by
ordinary appeal
Rule 45 by petition for review Same as WOA
on certiorari with peculiar
features:
1.Appeal may raise questions
of fact or law or both;
2. Period of appeal shall
be 5 working days from the
date of notice of the adverse
judgment;
3. Same priority as
habeas corpus cases.

RETURN OF SERVICE Sec. 17

The officer who executed
the final judgment shall
make a verified return
within 3 days from its
enforcement

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 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA
APPEAL Sec. 15 in relation to Sec. 3 of Sec. 19 Sec. 19
Rule 41 and Sec. 39 of BP 129: Rule 45 by petition for review on Same as WOA
48 hours from notice of certiorari with peculiar features:
judgment appealed from by 1. Appeal may raise questions of fact or
ordinary appeal law or both;
2. Period of appeal shall be 5 working
days from the date of notice of the
adverse judgment;
3. Same priority as habeas corpus cases.

ARCHIVING AND Sec. 20

REVIVAL OF The court shall not dismiss the petition,
CASES but shall archive it, if upon its
determination it cannot proceed for a
valid cause such as the failure of
petitioner or witnesses to appear due to
threats on their lives. 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.

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 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA
INSTITUTION OF Sec. 21 Sec. 20
SEPARATE ACTIONS This Rule shall not preclude Same as WOA
the filing of separate criminal,
civil or administrative actions.

EFFECTS OF FILING Sec. 22 Sec. 21

CRIMINAL ACTION When a criminal action has Same as WOA
been commenced, no separate
petition for the writ shall be
filed. The reliefs under the
writ shall be available by
motion in the criminal case.
CONSOLIDATION Sec. 23 Sec. 22
When a criminal action is Same as WOA
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.

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 WRIT OF HABEAS CORPUS AMPARO HABEAS DATA

SUBSTANTIVE Sec. 24 Sec. 23

RIGHTS This Rule shall not diminish,
increase or modify
substantive rights recognized
and protected by the
Constitution.
Difference is that in WOA
the Constitution provides
the law from which the
substantive rights exist

SUPPLETORY Rule 72, Sec. 2 Sec. 25 Sec. 24

APPLICATION OF In the absence of special
THE RULES OF provisions, the rules provided
COURT for in ordinary actions shall
be, as far as practicable,
applicable in special
proceedings.
The Rules of Court shall Same as WOA
apply suppletorily insofar as
it is not inconsistent with this
Rule.

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THANK YOU!

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