Special Proceedings Project - 2nd Sem 2018-2019

COMPILATION OF MATTERS ON
SPECIAL PROCEEDINGS
This compilation is prepared by the students under the 1st Section of Special
Proceedings course subject for the 2nd Semester of AY 2018-2019.
Professor:
ATTY. BONNA SORIANO
Date:
March 17, 2019

Class List and Assignments
Group 1: Recent Cases on Special Procedures

 Abejuela, Gladys Merr
 Abis, Rotcelyn A.
 Abudante, Joel P.
 Alapag, Hazel O.
 Algunas, Kemberly M.
 Almonte, Rosa Lynne V.
 Banaag, Mary Jerome S.
 Banas, Chit Leonelle Isaiah R.
Group 2: Jurisdiction, Venue and Flow Chart for Special Procedures

 Baquiano, Mia B.
 Basir, Monaifah T.
 Batugan, Abdul Razaak D.
 Batugan, Nor-Rashid D.
 Bollozos, Kenneth Andrew R.
 Cacayan, Gines C.
 Cadag, Kenneth James P.
 Cahanap, Myra Mae M.
 Cantiveros, Lhey Ainesyl F.
Group 3: Compilation of the 2010 to 2018 Bar Questions and Answers on

Special Proceedings
 Cavalida, Joan Allene R.
 Delatado, Joan M.
 Ditona, Ray Adrian P.
 Dy, Rudy Jr. S.
 Eguia, Ezra Eve S.
 Empinado, Yenyen O.
 Gacus, Georgia Dawn C.
 Garces, Atheena Rose
 Gurar, Sittie Salma L.
Group 4: Differentiation and Comparison among Writ of Habeas Corpus

(regular and on the custody of minors), Writ of Habeas Data, and Writ of
Amparo
 Ismael, Amilkhan P.
 Madrono, Kathleen A.
Compilations on Special Proceedings

2nd Semester, AY 2018-2019
 Marcial, Edwin Jr. V.
 Neri, Hazel May T.
 Ong, Christine Rey A.
 Paler, Mark Harold S.
 Quina, Alyssa Gabriela L.
 Quitos, Mark Oliver V.
 Rabuya, Joba Rizal Rowercris L.
Group 5: Differentiation and Comparison among Rules on Change of Name,

Rules on Cancellation/Correction of Entries in the Civil Registry, and the
Clerical Error Act
 Ramos, Ray Josef D.
 Recososa, Ralfh Waldo T.
 Roa, Ma. Alyssa D.
 Sabuero, Edni Chris A.
 Sultan, Jabber
 Talon, Jaber D.
 Tocalo, John Mark S.
 Ungab, Jonathan L.
 Vicariato, Justy Lou M.

New Cases on Special Proceedings
Title: Lolita Bas Capablanca vs. Heirs of Pedro Bas

Locator: G.R. No. 224144
Date Promulgated: June 28, 2017
Prevailing Doctrine: there is no legal precept or established rule which
imposes the necessity of a previous legal declaration regarding their status
as heirs to an intestate on those who, being of age and with legal capacity,
consider themselves the legal heirs of a person, in order that they may
maintain an action arising out of a right which belonged to their ancestor.
Statement of Facts:
Andres Bas (Andres) and Pedro Bas (Pedro) acquired Lot 2535 located in
"Biasong, Dumlog, Talisay, Cebu with an area of 6,120 square meters. On
November 28, 1939, Pedro sold to Faustina Manreal - Balorio(Faustina).
After the death of Faustina and her husband, their heirs executed a
notarized Extra-Judicial Declaration of Heirs and Deed of Absolute and the
subject land was conveyed to one (1) of their heirs, Alejandra Balorio
(Alejandra).Alejandra sold the land through a Deed of Absolute Sale dated
June 13, 1967 to Edith N. Deen, who in turn sold it to Atty. Eddy A. Deen
(Atty. Deen) on March 21, 1968.Later after Atty Deen’s death, his heirs
executed an Additional ExtraJudicial Settlement with Absolute Deed of Sale,
which sold the land for P10,000.00 to Norberto B. Bas (Norberto)
On December 15, 1995, Norberto died without a will and was succeeded
by his niece and only heir, Lolita Bas Capablanca (Lolita), who learned that a
Transfer Certificate of Title (TCT) No. T-96676 dated June 6, 1996 was issued
in the names of Andres and Pedro on the basis of a reconstituted Deed of
Conveyance No. 96-00004.
In October 1996, Josefina Bas Espinosa (Josefina) represented the Heirs

of Pedro Bas to file a complaint for Clarification of Ownership of Lot 2535
against Lolita before the Lupong Tagapamayapa of Barangay Biasong, Talisay,
Cebu. The conflict between the parties was not resolved and resulted to the
issuance of a Certification to file Action. On December 16, 1996, a notarized
Partition Agreement of Real Property, Quitclaim and Waiver of Rights was
executed between the heirs of Andres and Lolita, representing Norberto,
whereby they partitioned Lot 2535 among themselves.
Lolita sought to register her portion in Lot 2535 but was denied by the
Register of Deeds of Cebu, citing the need for a court order. Lolita then

learned that TCT No. T-96676 had been partially cancelled and TCT Nos. T-
100181, T-100182, T-100183, and T-100185 had been issued in the name of
the Heirs of Pedro Bas.
Issue(s):
Whether there should be a separate proceeding for a declaration of

heirship in order to resolve Lolita’s action for cancellation of titles of the
property.
Ruling:
No judicial declaration of heirship is necessary in order that an heir

may assert his or her right to the property of the deceased.
The right to assert a cause of action as an heir, although he has not

been judicially declared to be so, if duly proven, is well settled in this
jurisdiction. This is upon the theory that the property of a deceased person,
both real and personal, becomes the property of the heir by the mere fact of
death of his predecessor in interest, and as such he can deal with it in
precisely the same way in which the deceased could have dealt, subject only
to the limitations which by law or by contract may be imposed upon the
deceased himself. Thus, it has been held that "[t]here is no legal precept or
established rule which imposes the necessity of a previous legal declaration
regarding their status as heirs to an intestate on those who, being of age and
with legal capacity, consider themselves the legal heirs of a person, in order
that they may maintain an action arising out of a right which belonged to
their ancestor.

Title: Spouses Reyes vs. Spouses Chung
Date Promulgated: September 13, 2017
Doctrine: In an extrajudicial foreclosure of real property, the purchaser
becomes the absolute owner if no redemption is made. If the purchaser is a
third party who acquired the property after the redemption period, a
hearing must be conducted to determine whether possession over the
subject property is still with the mortgagor or is already in the possession of
a another party holding the same adversely to the defaulting debtor or
mortgagor.

Date Promulgated: April 05, 2017
Doctrine: There was no need to refer the dispute between the parties herein
to the barangay for conciliation pursuant to the Katarungang
Pambarangay Law. It bears stressing that only individuals may be parties to
barangay conciliation proceedings either as complainants or respondents.
Complaints by or against corporations, partnerships or other juridical
entities may not be filed with, received or acted upon by the barangay for
conciliation.The Estate of Vipa, which is the complainant below, is a juridical
entity that has a personality. Thus, there is no necessity to bring the dispute
to the barangay for conciliation prior to filing of the complaint for unlawful
detainer with the MTCC.
Statement of Facts:
Vipa Fernandez Lahaylahay (Vipa) is the registered owner of a parcel

of land situated in Lopez Jaena Street, Jaro, Iloilo City covered by Transfer
Certificate of Title No. T-26576 (subject property). Vipa and her husband,
Levi Lahaylahay (Levi), have two children – Grace Joy Somosierra (Grace Joy)
and Jill Frances Lahaylahay (Jill Frances).
Sometime in 1990, a contract of lease was executed between Vipa

and Rafael Uy (Rafael) over the subject property and the improvements
thereon, pursuant to which, Rafael bound himself to pay Vipa, as
consideration for the lease of the property, the amount of P3,000.00 per
month, with a provision for a 10% increase every year thereafter.
On March 5, 1994, Vipa died leaving no will or testament whatsoever.

Grace Joy became the de facto administrator of the estate of Vipa. After
Vipa's death, Levi lived in Aklan.
In June 1998, Rafael stopped paying the monthly rents. Consequently,

on June 12, 2003, the Estate of Vipa, through Grace Joy, filed a complaint for
unlawful detainer with the Municipal Trial Court in Cities (MTCC) of Iloilo City
against Rafael. It was alleged therein that, as of June 1998, Rafael was
already bound to pay rent at the amount of P3,300.00 per month and that
his last payment was made in May 1998. Accordingly, at the time of the
filing of the Complaint, Rafael's unpaid rents amounted to P271,150.00. The
Estate of Vipa claimed that despite repeated demands, Rafael refused to pay
the rents due.
Issue(s):

Is there a need to refer the dispute between the parties herein to the
barangay for conciliation pursuant to the Katarungang Pambarangay Law?
Is the issue of ownership is allowed to be raised during on appeal?
Decision:
(1)
Rafael's claim that the complaint below should have been dismissed
since Grace Joy has no authority to represent the Estate of Vipa and that
there was lack of prior barangay conciliation is untenable. Unlawful detainer
cases are covered by the Rules on Summary Procedure. Section 5 of the
1991 Revised Rules on Summary Procedure provides that affirmative and
negative defenses not pleaded in the answer shall be deemed waived,
except lack of jurisdiction over the subject matter.
Rafael failed to plead in the answer he filed with the MTCC that Grace
Joy has no authority to represent the Estate of Vipa. Neither did he raise
therein the lack of barangay conciliation between the parties herein prior to
the filing of the complaint for unlawful detainer. Accordingly, the foregoing
defenses are already deemed waived.
In any case, the issue of the supposed lack of authority of Grace Joy to
represent the Estate of Vipa had already been rendered moot with the RTC's
appointment of Grace Joy as the administrator of the Estate of Vipa in
Special Proceedings No. 6910.
Also, there was no need to refer the dispute between the parties
herein to the barangay for conciliation pursuant to the Katarungang
Pambarangay Law. It bears stressing that only individuals may be parties to
barangay conciliation proceedings either as complainants or respondents.
Complaints by or against corporations, partnerships or other juridical
entities may not be filed with, received or acted upon by the barangay for
conciliation. The Estate of Vipa, which is the complainant below, is a juridical
entity that has a personality, which is separate and distinct from that of
Grace Joy.Thus, there is no necessity to bring the dispute to the barangay for
conciliation prior to filing of the complaint for unlawful detainer with the
MTCC.
(2)

The records show that Rafael raised the issue of ownership only for
the first time on appeal; hence, the RTC erred in deciding the appeal before
it on the findings that part of the subject premises is owned by petitioners,
allegedly having bought the same from Levi, the husband of Vipa.
The Court is not unmindful that in forcible entry and unlawful detainer
cases, the MTC may rule on the issue of ownership in order to determine
the issue of possession. However, the issue of ownership must be raised by
the defendant on the earliest opportunity; otherwise, it is already deemed
waived. Moreover, the instant case was covered by the Rules on Summary
Procedure, which expressly provide that affirmative and negative defenses
not pleaded therein shall be deemed waived, except for lack of jurisdiction
over the subject matter. Thus, the RTC erred in resolving the issue of
ownership for the first time on appeal.
It is true that fair play, justice, and due process dictate that parties
should not raise for the first time on appeal issues that they could have
raised but never did during trial. However, before a party may be barred
from raising an issue for the first time on appeal, it is imperative that the
issue could have been raised during the trial. What escaped the appellate
court's attention is that the sale of the one-half undivided share in the
subject property to Rafael was consummated only on December 29, 2005,
more than two years after Rafael filed with the MTCC his answer to the
complaint for unlawful detainer on July 18, 2003. Obviously, Rafael could not
have raised his acquisition of Levi's share in the subject property as an
affirmative defense in the answer he filed with the MTCC.

Title: Sps. Pascual vs. First Consolidated Rural Bank - Bohol
Locator: GR. No. 202597
Date Promulgated: February 8, 2017
Doctrine: The rule only spells out that unless the motion for such judgment
has earlier been filed the pre-trial may be the occasion in which the court
considers the propriety of rendering judgment on the pleadings or summary
judgment. If no such motion was earlier filed, the pre-trial judge may then
indicate to the proper party to initiate the rendition of such judgment by
filing the necessary motion. Indeed, such motion is required by either Rule
34 (Judgment on the Pleadings) or Rule 35 (Summary Judgment) of the Rules
of Court. The pre-trial judge cannot motu proprio render the judgment on
the pleadings or summary judgment. In the case of the motion for summary
judgment, the adverse party is entitled to counter the motion.
Statement of Facts:
On February 14, 2011, the petitioners filed a petition for annulment of

judgment in the Court of Appeals (CA) in order to nullify and set aside the
decision rendered in Special Proceedings Case No. 4577 by the Regional Trial
Court in Butuan City (RTC) ordering the cancellation of their notice of lis
pendens recorded in Transfer Certificate of Title No. RT-42190 of the
Register of Deeds of Butuan City. On November 16, 2011, the CA
promulgated the first assailed resolution dismissing the petition for
annulment of judgment.
Considering that a Petition for Annulment of Judgment is an original

action before the Court of Appeals, pre-trial is mandatory, per Section 6 of
Rule 47 of the Rules of Court, whereby the failure of the plaintiff to appear
would mean dismissal of the action with prejudice. The filing of a pre-trial
brief has the same import.
The Supreme Court has invariably ruled that while "litigation is not a
game of technicalities," it is equally important that every case must be
prosecuted in accordance with the procedure to insure an orderly and
speedy administration of justice.
Hence, this appeal by petition for review on certiorari.
Issue(s):

Whether or not the court erred in its decision of dismissing the action
with prejudice due to petitioner’s failure to appear during the Preliminary
Conference.
Ruling:
The petitioners received the assailed resolution of November 16, 2011

on November 24, 2011. The CA actually received the motion on December
12, 2011. Considering that Section 1 (d) of Rule III of the 2009 Internal Rules
of the Court of Appeals provided that motions sent through private
messengerial services are deemed filed on the date of the CA's actual
receipt of the same, the motion was already filed out of time by December
12, 2011. Needless to remind, the running of the period of appeal of the
final resolution promulgated on November 16, 2011 was not stopped,
rendering the assailed resolution final and executory by operation of law.14
To be clear, the rule only spells out that unless the motion for such
judgment has earlier been filed the pre-trial may be the occasion in which
the court considers the propriety of rendering judgment on the pleadings or
summary judgment. If no such motion was earlier filed, the pre-trial judge
may then indicate to the proper party to initiate the rendition of such
judgment by filing the necessary motion. Indeed, such motion is required by
either Rule 34 (Judgment on the Pleadings) or Rule 35 (Summary Judgment)
of the Rules of Court. The pre-trial judge cannot motu proprio render the
judgment on the pleadings or summary judgment. In the case of the motion
for summary judgment, the adverse party is entitled to counter the motion.

Title: Estate of Honorio Poblador, JR. vs. Rosario l. Manzano
Date Promulgated: June 19, 2017
Doctrine: Remedial law: Criminal Procedure: “The acquittal of the accused
does not automatically preclude a judgment against him on the civil aspect
of the case. It is a fundamental rule that “the acquittal of he accused does
not automatically preclude a judgment against him on the civil aspect of the
case. The extinction of the penal action does not carry with it the extinction
of the civil liability where: a) the acquittal is based on reasonable doubt as
only preponderance of evidence is required; b) the court declares that the
liability of the accused is only civil; and c) the civil liability of the accused
does not arise from or is not based upon the crime of which the accused is
acquitted. However, the civil action based on delict may be deemed
extinguished if there is a finding on the final judgment in the criminal action
that the prosecution absolutely failed to prove the guilt of the accused, or
the act or omission from which the civil liability may arise did not exist, or
where the accused did not commit the acts or omission imputed to him”
Statement of Facts:
Petitioner (Estate of Honorio Poblador, Jr) was the subject of

settlement proceedings in Special Proceedings No. 9984 before the Regional
Trial Court of Pasig City (Probate Court). Among its properties was one share
of stock in Wack-Wack Golf and Country Club, Inc. (Wack-Wack Share)
covered by membership Certificate No. 3759 issued on September 17,
1974.
On May 1996 Elsa A. Poblador was authorized by the Probate court as

the administratrix of certain properties of petitioner (Estate of Honorio
Poblador, Jr) including his shares in Wack-Wack golf course. Elsa instructed
Rafael, one of the heirs of Honorio Poblador to look for potential buyers.
Rafael engaged the services of Rosario Manzano, a broker of Metroland
Holdings Incorporated. The property was sold to Metroland Holdings for the
amount of ₱18,000,000.00 which it paid ₱15,200,000.00 through a check
and the balance of ₱2,800,000.00 was allegedly given to Manzano for the
payment of the taxes.
On October 1996 the sale of the shares were annulled by the Probate
Court. Thus, Elsa returned to Moreland the ₱15,200,000.00 and asked the
BIR for a refund of the paid taxes. Meanwhile, Rafael, through an accountant
allegedly requested Manzano for an accounting of the ₱2,800,000.00 she
received on behalf of petitioner. In response, Manzano faxed documents

requested by petitioner but when examined, there was a discrepancy in said
documents as it was found that the amount paid was only ₱80,000.00
instead of ₱1,480,000.00. This led to the filing, on December 8, 1999, of an
Information for the crime of estafa against Manzano.
Issue:
The core issue in this case is whether or not the CA erred in denying
petitioner's appeal on the civil liability ex delicto of Manzano (respondent)
Ruling:
Our laws penalize criminal fraud which causes damage capable of

pecuniary estimation through estafa under Article 315 of the Revised Penal
Code. In general, the elements of estafa are: (1) That the accused defrauded
another (a) by abuse of confidence, or (b) by means of deceit; and (2) that
damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person.
In this case, the Court agrees with the findings of both the R TC and
the CA that the prosecution failed to prove all the elements
of estafa through misappropriation as defined in, and penalized under,
paragraph 1 (b ), [Article 315] of the [RPC]. As the RTC aptly noted, Rafael,
as the representative of herein petitioner, very well knew of and concurred
with the entire arrangement, including those which had to be made with the
BIR. In fact, petitioner itself admitted that it received the full amount of
₱15,200,000.00 - the full amount to which it was entitled to under the terms
of the sale of the Wack-Wack Share. For these reasons, petitioner could not
claim that it was deceived. Thus, absent the element of fraud, there could be
no misappropriation or conversion to speak of that would justify the charge
of Estafa and, with it, the alleged civil liability ex delicto.
Further, prosecution failed to establish that fraud or bad faith was

present. Petitioner failed to show that Manzano personally received the
₱2,800,000.00 from petitioner with the duty to hold it in trust for or to make
delivery to the latter. In fact, Rafael admitted that he did not even know who
actually paid the taxes to the BIR, and that Manzano's name did not appear
in the documents pertaining to the payment of the capital gains tax and
documentary stamp tax.

Title: In the Matter of Petition for Cancellation of Certificates of Live Birth of
Yuhares Jan Barcelote Tinitigan and Avee Kynna Noelle Barcelote Tinitigan
Jonna Karla Baguio Barcelote, vs. Republic of the Philippines, Ricky O.
Tinitigan, and Local Civil Registrar, Davao city
Date Promulgated: August 7, 2017
Doctrine: Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in
conformity with this Code. However, illegitimate children may use the
surname of their father if their filiation has been expressly recognized by
their father through the record of birth appearing in the civil register, or
when an admission in a public document or private handwritten instrument
is made by the father. Provided, the father has the right to institute an
action before the regular courts to prove non-filiation during his lifetime.
Thus, it is mandatory that the mother of an illegitimate child signs the

birth certificate of her child in all cases, irrespective of whether the father
recognizes the child as his or not.
Statement of Facts:
On 24 June 2008, petitioner Jonna Karla Barcelote bore a child out of

wedlock with a married man named Ricky O. Tinitigan (Tinitigan) in her
relative's residence in Sibulan, Santa Cruz, Davao del Sur. She was not able
to register the birth of their child, whom she named Yohan Grace Barcelote,
because she did not give birth in a hospital. To hide her relationship with
Tinitigan, she remained in Santa Cruz, Davao del Sur while Tinitigan lived
with his legitimate family in Davao City and would only visit her. On 24
August 2011, she bore another child with Tinitigan, whom she named as
Joshua Miguel Barcelote. Again, she did not register his birth to avoid
humiliation, ridicule, and possible criminal charges. Thereafter, she lost
contact with Tinitigan and she returned to Davao City.
When her first child needed a certificate of live birth for school
admission, Barcelote finally decided to register the births of both children.
She, then, returned to Santa Cruz, Davao del Sur to register their births. The
Local Civil Registrar of Santa Cruz approved the late registration of the births
of Yohan Grace Barcelote and Joshua Miguel Barcelote, with Registry Nos.
2012-1344 and 2012-1335, respectively, after submitting proof that the
National Statistics Office (NSO) has no record of both births on file.

However, upon submission of the copies of the late registration of the
births to the NSO, Barcelote was informed that there were two certificates
of live birth (subject birth certificates) with the same name of the mother
and the years of birth of the children in their office.
Thus, Barcelote filed a petition with the RTC for the cancellation of the
subject birth certificates registered by Tinitigan without her knowledge and
participation, and for containing erroneous entries.
After complying with the jurisdictional requirements, Barcelote was

allowed to present evidence ex parte. In her testimony, Barcelote reiterated
her allegations in the petition and emphasized that the subject birth
certificates were registered by her children's biological father, Tinitigan,
without her knowledge. She also testified that the subject birth certificates
reflected wrong entries, but she did not present any other evidence.
On 28 February 2013, the RTC ruled in favor of Barcelote and ordered

the cancellation of the subject birth certificates.
The RTC ruled that the subject birth certificates are legally infirm,
because they were registered unilaterally by Tinitigan without the
knowledge and signature of Barcelote in violation of Section 5, Act No. 3753.
The RTC also held that the subject birth certificates contain void and illegal
entries, because the children use the surname of Tinitigan, contrary to the
mandate of Article 176 of the Family Code stating that illegitimate children
shall use the surname of their mother.
On 5 March 2015, the CA reversed and set aside the decision of the
RTC. The CA ruled that the registrations of the children's births, caused by
Tinitigan and certified by a registered midwife, Erlinda Padilla, were valid
under Act No. 3753, and such registrations did not require the consent of
Barcelote. The CA further ruled that the children can legally and validly use
the surname of Tinitigan, since Republic Act No. (RA) 9255, amending Article
176 of the Family Code, allows illegitimate children to use the surname of
their father if the latter had expressly recognized them through the record
of birth appearing in the civil register,. such as in this case where Barcelote
admitted that Tinitigan personally registered the children's births and affixed
his surname on the subject birth certificates.
Issue(s):
Whether an illegitimate child shall use the surname of the mother

Whether it is mandatory that the mother of an illegitimate child sign
the birth certificate.
Ruling:
(1)
Prior to its amendment, Article 176 of the Family Code11 reads:
Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in
conformity with this Code. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child. Except for this
modification, all other provisions in the Civil Code governing successional
rights shall remain in force.
Upon the effectivity of RA 9255,13 the provision that illegitimate

children shall use the surname and shall be under the parental authority of
their mother was retained, with an added provision that they may use the
surname of their father if their filiation has been expressly recognized by
their father. Thus, Article 176 of the Family Code, as amended by RA 9255,
provides:
Illegitimate children shall use the surname and shall be under

the parental authority of their mother, and shall be entitled to
support in conformity with this Code. However, illegitimate children
may use the surname of their father if their filiation has been
expressly recognized by their father through the record of birth
appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the father.
Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime. The legitime
of each illegitimate child shall consist of one-half of the legitime of a
legitimate child.
The law is clear that illegitimate children shall use the surname and
shall be under the parental authority of their mother. The use of the word
"shall" underscores its mandatory character. The discretion on the part of
the illegitimate child to use the surname of the father is conditional upon
proof of compliance with RA 9255 and its IRR.
Since the undisputed facts show that the children were born outside a
valid marriage after 3 August 1988, specifically in June 2008 and August
2011, respectively, then they are the illegitimate children of Tinitigan and

Barcelote. The children shall use the surname of their mother, Barcelote.
The entry in the subject birth certificates as to the surname of the children is
therefore incorrect; their surname should have been "Barcelote" and not
"Tinitigan."
(2)
In case of an illegitimate child, the birth certificate shall be signed and

sworn to jointly by the parents of the infant or only the mother if the father
refuses.
In the latter case, it shall not be permissible to state or reveal in the

document the name of the father who refuses to acknowledge the child, or
to give therein any information by which such father could be identified.
Thus, it is mandatory that the mother of an illegitimate child signs the

birth certificate of her child in all cases, irrespective of whether the father
recognizes the child as his or not. The only legally known parent of an
illegitimate child, by the fact of illegitimacy, is the mother of the child who
conclusively carries the blood of the mother.21 Thus, this provision ensures
that individuals are not falsely named as parents.22
The mother must sign and agree to the information entered in the
birth certificate because she has the parental authority and custody of the
illegitimate child.
Since it appears on the face of the subject birth certificates that the
mother did not sign the documents, the local civil registrar had no authority
to register the subject birth certificates. Under the IRR of Act No. 3753, the
civil registrar shall see to it that the Certificate of Live Birth presented for
registration is properly and completely filled up, and the entries are
correct.26 In case the entries are found incomplete or incorrect, the civil
registrar shall require the person concerned to fill up the document
completely or to correct the entries, as the case may be.27
Clearly, the subject birth certificates were not executed consistent

with the provisions of the law respecting the registration of birth of
illegitimate children.1âwphi1 Aside from the fact that the entry in the
subject birth certificates as to the surname of the children is incorrect since
it should have been that of the mother, the subject birth certificates are also
incomplete as they lacked the signature of the mother.
Acts executed against the provisions of mandatory or prohibitory laws

shall be void.28 In Babiera v. Catotal, 29 we declared as void and cancelled a

birth certificate, which showed that the mother was already 54 years old at
the time of the child's birth and which was not signed either by the civil
registrar or by the supposed mother.
Accordingly, we declare the subject birth certificates void and order

their cancellation for being registered against the mandatory provisions of
the Family Code requiring the use of the mother's surname for her
illegitimate children and Act No. 3753 requiring the signature of the mother
in her children's birth certificates.

VENUE AND JURISDICTION OF SPECIAL PROCEEDINGS
Rules Special Proceeding Jurisdiction Venue

Rule 73-90 Settlement of Estate of RTC – when the gross value of 1. If resident of the Philippines
Deceased Persons the estate exceeds Php 300,000 (whether citizen or alien) –
if outside Metro Manila or if it Court of the province/city
exceeds P400,000 if within where the deceased resides at
Metro Manila the time of death
MTC – when the gross value of 2. If non-resident – Court of any

the estate is Php 300,000 or less province/city wherein he had
if outside Metro Manila or Php estate (Sec. 1, Rule 73)
400,000 or less if within Metro
Manila (Sec. 3, RA 7691)
Note: MTC jurisdiction is

exclusive of interest, damages of
whatever kind, attorney’s fees,
litigation expenses and costs

Rule 91 Escheat RTC (Sec. 1, Rule 91) 1. Ordinary escheat
proceedings: RTC
a. If resident – place where the
deceased last resided; or
b. If non-resident – place
where the estate is located
(Sec. 1)
2. Reversion of land to the State

for violation of the
Constitution – RTC where the
land lies in whole or in part
(Sec. 5)
3. Unclaimed deposits (for 10

years) – RTC of the
city/province where the bank is
located
Note
Note: All banks located in one
(1) province where the court is
located may be made party-
defendant in an action.

Rules 92-97; A.M. No. Guardianship Family Court – In case minors 1. If residents – place where
03-02-05-SC (Sec. 3, A.M. No. 03-02-05-SC) minor/incompetent resides; or
RTC – In cases of incompetents 2. If non-resident – place where

other than minors (Sec. 1, Rule minor/incompetent has
92) property
Rule 98 Trustees RTC – when the gross value of Where the will was allowed or
the estate exceeds Php 300,000 where the property or portion
if outside Metro Manila or if it thereof, affected by the trust is
exceeds P400,000 if within situated (Sec. 1)
Metro Manila
MTC - when the gross value of

the estate is Php 300,000 or less
if outside Metro Manila or Php
400,000 or less if within Metro
Manila (Sec. 3, RA 7691)
Rule 103 Change of name RTC (Sec. 1) Where petitioner resides for at
least three (3) years prior to the
filing of the petition
Rule 108 Cancellation or RTC (Sec. 1) Where the corresponding civil
correction of entries in registry is located
the civil registry

RA 9048 as amended 1. Administrative Local Civil Registry/Consul Local civil registry office where
by RA No. 10172 correction of General (Sec. 3) the record is kept/where the
effective August 15, entry/change of first interested party is presently
2012 name or nickname residing or domiciled
2. Correction of date of In case petitioner has already

birth with regard to day migrated to another place in
and month of birth but the country – with the local civil
not the year of birth registrar of the place where the
interested party is presently
3. Change of sex of a residing or domiciled
person where it is
patently clear that there Citizens of the Philippines who
was a clerical or are presently residing or
typographical error or domiciled in foreign countries –
mistake in the entry with the nearest Philippine
Consulates
4. Clerical or
typographical errors
which can be corrected
by the civil registry
Rule 107 Declaration of absence RTC (Sec. 1) Where the absentee resided
and death before his disappearance

A.M. No. 00-8-10-SC Corporate rehabilitation RTC designated as commercial Where principal office of the
court debtor as specified in the
articles of incorporation
Where the principal office of

the corporation, partnership or
association is registered in the
SEC as Metro Manila – RTC of
the city or municipality where
the head office is located
A joint petition by a group of

companies – RTC which has
jurisdiction over the principal
office of the parent company,
as specified in its Articles of
Incorporation (Sec. 2)
BP 68 (Corporation Voluntary dissolution of SEC (Sec. 118-120, Corporation Where principal office of
Code) corporation Code) corporation is situated
Rule 101 Hospitalization of insane RTC (Sec. 1) Where such insane person may
person be found (Sec. 1)

A.M. No. 02-06-02-SC Domestic Adoption Family Court (Sec. 6) Where the adopter resides
A.M. No. 02-06-02-SC Rescission of Adoption Family Court (Sec. 20) Where the adoptee resides
A.M. No. 02-06-02-SC Inter-country Adoption Family Court or the Inter- Place where the child resides or
Country Adoption Board (Sec. may be found
28)
It may be filed directly with the
Inter-Country Adoption Board
(Sec. 28)
A.M. No. 03-04-04-SC Custody of Minors Family Court (Sec. 3) Where petitioner resides or
where the minor may be found
Rule 105 Judicial Approval of Family Court (Sec. 1) Where the child resides
Voluntary Recognition
of Minor Natural
Children
A.M. No. 02-11-10-SC Declaration of nullity of Family Court (Sec. 3[b]) Where petitioner or respondent
void marriage/nnulment has been residing for at least six
of marriage (6) months prior to the date of
filing
In case of non-resident
respondent, where he may be
found, at the election of the

petitioner. (Sec. 4)
A.M. No. 02-11-11-SC Legal Separation Family Court (Sec. 2[c]) Where petitioner or respondent
has been residing for at least six
(6) months prior to the date of
filing
In case of non-resident
found, at the election of the
petitioner
Art. 40, Family Code Petition for judicial RTC Where the petitioner resides
permission to marry
Family Code Summary Proceedings Family Court (Sec. 5, RA 8369) Where the petitioner resides or
where the child resides if it
involves minors
RA 8369 Actions mentioned in the Family Courts Act

1. Petitions on Foster Family Court Where petitioner or respondent
care and Temporary has been residing for at least six
Custody (6) months prior to the date of
filing
2. Declaration of Nullity
of Marriage In case of non-resident
3. Cases of Domestic found, at the election of the
Violence Against petitioner
Women and Children
Rule 102 Habeas Corpus SC, CA, RTC, MTC in the province Where the aggrieved party is
or city in case there is no RTC detained (RTC)
judge; SB only in aid of its
appellate jurisdiction (Sec. 2)
A.M. No. 03-04-04-SC Habeas Corpus in Family Court, CA, SC (Sec. 20) Where the petitioner resides or
Relation to Custody of where the minor may be found
Minors Note
Note: A petition may be filed
with the regular court in the
absence of the presiding judge of
the Family Court, provided,
however, that the regular court
shall refer the case to the Family
Court as soon as its presiding
judge returns to duty

A.M. No. 07-9-12-SC Writ of Amparo RTC, SB, CA or SC or any justice Where the threat, act or
thereof (Sec. 3) omission was committed or any
of its elements occurred
A.M. No. 08-1-16 Writ of habeas data RTC, SB, CA or SC or any justice Where the petitioner or
thereof (Sec. 3) 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
A.M. No. 09-6-8-SC Writ of Kalikasan SC or any stations of CA (Sec. 3) Where the unlawful act,
omission or threat was
committed

PROCEDURE IN EXTRAJUDICIAL SETTLEMENT BY AGREEMENT
BETWEEN/AMONG HEIRS
Division of estate in a public instrument or

affidavit of adjudication
The public instrument or affidavit of

adjudication must be filed with the proper
Registry of Deeds.
simultaneously, a bond equivalent to the

value of the personal property shall be filed
with the proper Registry of Deeds.
Publication of notice of the fact of extrajudicial

settlement once a week for 3 consecutive
weeks in a newspaper of general circulation.

SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE
Petition for summary settlement with an allegation that the

gross value of the estate does not exceed P10,000.00
A bond in the amount fixed by the court is filed.
Publication of petition once (1) a week for three (3) consecutive

weeks in a newspaper of general circulation in the province
(and such other notice to interested persons as the court may
direct).
Hearing on the petition must be held not less than a month nor
more than three (3) months from the date of last publication of
notice.
Court may proceed summarily and even without the

appointment of an executor and administrator (EXECAD). The
court may also:
1) Admit the will to probate

2) Determine the heirs and the persons legally entitled to
participate in the estate
3) Order the payment of debts, if any.
Heirs, in their own right, who are of lawful age and legal
capacity, or by their legal guardians or trustees, may
receive and enter into possession of the portion of the
estate awarded to them.

PROCEDURE IN JUDICIAL SETTLEMENT OF ESTATE
Petition for Probate of Will, if any (ROC Rule 75-76)
Court order fixing the time and place for probate.
Publication of hearing for three (3) consecutive weeks.

Notice shall also be given to the designated/known heirs,
legatees and devisees, and the executor if the one
petitioning for allowance of the will is not the executor.
Issuance of the Certificate of Allowance of the Will
EXECAD would give a bond in the amount as the court

directs.
Issuance of Letters of Testamentary/Administration (A

special administrator may be appointed)
Issuance of the Notice for Filing of Claims to the

Creditors
Publication and posting of Notice for Filing Claims
Filing of Claims (ROC, Rule 86)
Issuance of Order of Payment or Sale of Properties
Payment of Claims: Sale/ Mortgage/ Encumbrance of

Estate Properties
Distribution of remainder, if any (But this can be made

even before payment if heirs file bond).

CLAIMS AGAINST THE ESTATE
The claim, supported by necessary vouchers, affidavits and

other papers, is filed with the Clerk of Court, and a copy is
served on the EXECAD
Within fifteen (15) days after the service of a copy of the claim,
the EXECAD shall file his answer admitting or denying the
claim, specifically, or stating that he has no knowledge
sufficient to enable him to admit or deny specifically.
If the decedent has any claim against the claimant, the

EXECAD, shall, in his answer, allege that claim offset,
otherwise it shall be barred forever.
A copy of the answer shall be served by the EXECAD upon

the claimant
Where the fraudulent conveyance was made by the

deceased in his lifetime to his EXECAD, any creditor may
bring the action in the name of all the creditors and, in such
a case, leave of court and posting of bond are not
necessary.

GUARDIANSHIP FOR INCOMPETENTS WHO ARE NOT MINORS
Petition for Appointment of Guardian (Rule 93)
Resident Ward Non-resident Ward
Notice of Court-ordered time and place of hearing
Resident Ward – reasonable Non-resident ward – notice

notice to persons mentioned by publication or otherwise,
in the petition as the court deems proper
(Sec. 6, Rule 93)
(Sec. 3, Rule 93)
Opposition, if any. In writing but need not be verified. (Sec.

4, Rule 93)
Hearing and Appointment; Letter of Guardianship (Sec. 5,

Rule 93)
Filing of Bond
Service of Judgment on the Local Civil Registrar
Termination of Guardianship

PROCEDURE FOR APPOINTMENT OF TRUSTEES UNDER Rule 98
Allowance of the instrument creating the trust (Probate of will)
Petition by the executor / administrator or the person appointed

as trustee in the instrument
Notice to all interested persons
Appointment of the trustee by the court
Filing of bond by the trustee

PROCEDURE FOR DOMESTIC ADOPTION UNDER A.M. No. 02-6-02-SC
Petition for Domestic Adoption
Order of Hearing by the Court
Child and Home Study Reports by the Social Worker
Hearing on the Petition for Adoption
Supervised Trial Custody
Adoption Decree issued by the Court

PROCEDURE FOR THE HOSPITALIZATION OF INSANE PERSONS
Petition for Commitment in the RTC
Court order fixing the date and place for hearing and ordering
the Sheriff to produce the alleged insane person in the hearing
Service of Notice of the Court Order to the alleged insane

person and to the person who has custody of him/her
Hearing on the petition
Judgment granting/denying the petition

PROCEDURE FOR THE ISSUANCE OF WRIT OF HABEAS CORPUS
Petition alleging the illegal confinement or detention
Issuance of the writ by the court having jurisdiction
Service of the writ by leaving the original with the person to

whom it is directed and preserving a copy on which to
make return of service
Hearing by the court
Recommitment, bail or discharge of the detained person
Execution of the writ by delivering the body of the person

detained to the court and return of service

PROCEDURE FOR CHANGE OF NAME UNDER RULE 103
Petition for Change of Name
Court order fixing the date and place of hearing
Publication of the court order fixing the date and place of

hearing, at least once a week for 3 successive weeks in a
newspaper of general circulation
Judgment granting/denying the change of name. Copy of

the judgment shall be served upon the civil registrar, who
shall annotate the same.

PROCEDURE IN THE RULE ON ABSENTEES
Petition for Appointment of Representative
Application for Declaration of absence and appointment of

Trustee or Administrator
Termination of Administration/Trusteeship

PROCEDURE FOR CANCELLATION OR CORRECTION OF ENTRIES
UNDER RULE 108
Petition for Cancellation or Correction of any entry relating to an

act, event order or decree concerning the civil status
Publication of court order at least once a week for three (3)

successive weeks in a newspaper of general circulation,
with reasonable notice given to persons named in the
petition.
Filing of opposition by the civil registrar and any person

having claim/interest under the entry whose
cancellation/correction is sought, within fifteen (15) days
from notice of the petition or from the last date of
publication of notice
Judgment granting/denying the petition. Copy of the

judgment shall be served upon the civil registrar, who shall
annotate the same

PROCEDURE FOR CANCELLATION OR CORRECTION OF ENTRIES
UNDER RULE 108
Petition for Cancellation or Correction of any entry relating to an

act, event order or decree concerning the civil status
Publication of court order at least once a week for three (3)

successive weeks in a newspaper of general circulation,
with reasonable notice given to persons named in the
petition.
Filing of opposition by the civil registrar and any person

having claim/interest under the entry whose
cancellation/correction is sought, within fifteen (15) days
from notice of the petition or from the last date of
publication of notice
Judgment granting/denying the petition. Copy of the

judgment shall be served upon the civil registrar, who shall
annotate the same

RULE 103
CHANGE OF NAME
Petition for Change of Name
Publication of the court order fixing the date and place of hearing, at
least once a week for 3 successive weeks in a newspaper of general
circulation
Judgment granting/denying the change of name. Copy of the
Hearing
judgment shall be served upon of
thethe Petition
civil registrar, who shall annotate
the same.

RULES ON DOMESTIC ADOPTION
(Secs. 1-25, A.M. No. 02-6-02)
Petition for Domestic Adoption
Order of Hearing by the court
Child and Home Study Reports by the Social Worker
Hearing on the Petition for Adoption

Supervised Trial Custody
Adoption Decree issued by the court

RULE 101
PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS
Petition for commitment filed in the RTC
Court order fixing the date and place for hearing and ordering the
Sheriff to produce the alleged insane person in the hearing
Service of Notice of the Court

Judgment Order to the the
granting/denying alleged insane person and
Petition
to the person who has custody of him/her
Hearing on the Petition

PROCEDURES IN THE RULE ON ABSENTEES
Petition for Appointment of Representative
Application for Declaration of absence and appointment of Trustee or

Administrator
Termination of Administration/Trusteeship

SPECIAL PROCEEDINGS
2010-2018 Bar Questions and Answers
2010
Question 14:
Czarina died single. She left all her properties by will to her friend
Duqueza. In the will, Czarina stated that she did not recognize Marco as
an adopted son because of his disrespectful conduct towards her.
Duqueza soon instituted an action for probate of Czarina’s will. Marco,

on the other hand, instituted intestate proceedings. Both actions were
consolidated before the RTC of Pasig. On motion of Marco, Duqueza’s
petition was ordered dismissed on the ground that the will was void for
depriving him of his legitime. Argue for Duqueza. (5%)
Suggested Answer:
The petition for probate of Czarina’s will, as filed by Duqueza should

not be dismissed by mere motion of Marco who instituted intestate
proceedings. The law favor testacy of intestacy, hence,the probate of the
will cannot be dispensed with. (See Sec. 5, Rule 75) Thus, unless the will
which shows the obvious intent to disinherit Marco, is probated, the right
of a person to dispose of his property is rendered nugatory. (See Seanio
vs Reyes, GR. Nos. 140371-72) Besides, the authority of the probate
court is generally limited only to a determination of the extrinsic validity
of the will. In this case, Marco questioned the intrinsic validity of the will.
Question 16:

Pedrillo, a Fil-Am permanent resident of Los Angeles, California at the
time of his death, bequeathed to Winston a sum of money to purchase
an annuity.
Upon Pedrillo’s demise, his will was duly probated in Los Angeles and
the specified sum in the will was in fact used to purchase an annuity with
XYZ of Hong Kong so that Winston would receive the equivalent of US
1000 dollars per month for the next 15 years.
Wanting to receive of principal amount of the annuity, Winston files

for the probate of Pedrillo’s will in the Makati-RTC. As prayed for, the
court names Winston as administrator of the estate.
Winston now files in the Makati RTC, a motion to compel XYZ to

account for all sums in its possession forming part of Pedrillo’s estate.
Rule on the motion. (5%)
Suggested Answer:
The motion should be denied. Makati RTC has no jurisdiction over XYZ
of Hongkong. The Letters of Administration granted to Winston only
covers all Pedrillo’s estate in the Philippines. (Sec.4, Rule 77) This cannot
cover annuities in Hong Kong.
At the outset, Makati RTC should not have taken cognizance of the
petition filed by Winston, because the will does not cover any property of
Pedrillo located here in the Philippines.
2012
Multiple Choice:
1. In settlement proceedings, appeal may be taken from an:
a. order appointing a special administrator;
b. order appointing an administrator;
c. order of an administrator to recover property of the estate;

d. Order to include or exclude property from the estate.
2. Under the Rules on the Writ of Amparo, interim relief orders may be
issued by the Court except:
a. production order;
b. witness protection order;
c. hold departure order;
d. temporary protection order.
4. In default of parents, the court may appoint a guardian for a minor

giving first preference to:
a. an older brother or sister who is over 18 years old.
b. the actual custodian over 21 years old.
c. a paternal grandparent
d. an uncle or aunt over 21 years old.
7. A wants to file a Petition for Writ of Habeas Data against the AFP in
connection with threats to his life allegedly made by AFP intelligence
officers. A needs copies of AFP highly classified intelligence reports
collected by Sgt. Santos who is from AFP. A can file his petition with:
a. RTC where AFP is located
located;
b. RTC where Sgt. Santos resides;
c. Supreme Court;
d. Court of Appeals.
24. The statute of "non-claims" requires that:

a. claims against the estate be published by the creditors.
b. money claims be filed with the clerk of court within the time
prescribed by the rules.
c. claims of an executor or administrator against the estate be
filed with the special administrator.
d. within two (2) years after settlement and distribution of the
estate, an heir unduly deprived of participation in the estate
may compel the re-settlement of the estate.

30. Which of the following is not a Special Proceeding?
a. Absentees;
b. Escheat;
c. Change of First Name;
d. Constitution of Family Home.
74. A person entitled to the estate of a deceased person escheated in

favor of the State has:
a. 5 years from date of judgment to file a claim.
b. 2 years from date of judgment to file a claim.
c. 5 years from date of registration of the judgment to file a claim.
d. 2 years from date of registration of the judgment to file a claim.
76. A special administrator may be appointed by a court when:

a. the executor cannot post a bond.
b. the executor fails to render an account.
c. regular administrator has a claim against estate he represents.
d. a Motion for Reconsideration is filed with respect to a decision
disallowing probate of a will.
84. A and B adopted their nephew. They filed an action for revocation of
the adoption on May 1, 1998 on the ground that their nephew neglected
them. Based on the Rules of Domestic Adoption, the judge must:
a. advise A and B to just disinherit the nephew.
b. disallow the revocation.
c. refer the petition to the DSWD.
d. grant the petition after hearing.
Essay:
X. c. What are the jurisdictional facts that must be alleged in a petition

for probate of a will? How do you bring before the court these
jurisdictional facts? (3%)

Suggested Answer:
The jurisdictional facts in a probate proceedings are the death of the

decedent, his residence at the time of his death in the province of where
the probate court is sitting, or if he is an inhabitant of a foreign country,
his leaving his estate in such province.
2014
Question 2:
Johnny, a naturalized citizen of the United States of America (USA) but

formerly a Filipino citizen, executed a notarial will in accordance with the
laws of the State of California, USA. Johnny, at the time of his death, was
survived by his niece Anastacia, an American citizen residing at the
condominium unit of Johnny located at Fort Bonifacio, Taguig City; a younger
brother, Bartolome, who manages Johnny’s fish pond in Lingayen,
Pangasinan; and a younger sister, Christina, who manages Johnny’s rental
condominium units in Makati City. Johnny’s entire estate which he inherited
from his parents is valued at P200 million. Johnny appointed Anastacia as
executrix of his will. (4%)
(A) Can Johnny’s notarial will be probated before the proper court in the
Philippines?
(B) Is Anastacia qualified to be the executrix of Johnny’s notarial will?
Suggested Answer:
A. Yes, the formal validity of a will is governed also by the national law of
the decedent. (Article 817, Civil Code).

A will proved and allowed in a foreign country, according to the laws of
such country, may be allowed, filed, and recorded by the proper Regional
Trial Court in the Philippines. (S1 R77).
Yes. Johnny’s notarial will can be probated before the proper court in the
Philippines.
A foreign will can be given legal effects in our jurisdiction. Article 816 of
the Civil Code states that the will of an alien who is abroad produces effect
in the Philippines if made in accordance with the formalities prescribed by
law of the place where he resides, or according to the formalities observed
in his country (Palaganas vs. Palaganas, G.R. No. 169144, January 26, 2011,
Abad, J.)
B. Yes, assuming that Anastacia is of legal age, she is qualified to be an

executor although an alien because she is a resident of the Philippines. (S1
R78).
Alternative Answer:
Yes. Anastacia is qualified.
Under the rules, the following persons are incompetent to serve as

executor or administrator: (a) a minor; (b) not a resident of the Philippines;
and 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. (Section 1,
Rule 78, Rules of Court)
While Anastacia is an American citizen, she is nonetheless a resident of

the Philippines. Accordingly, Anastacia is not disqualified because there is no
prohibition against an alien residing in the Philippines to serve as an
executor of an estate.
Question 12:

Mary Jane met Shiela May at the recruitment agency where they both
applied for overseas employment. They exchanged pleasantries, including
details of their personal circumstances. Fortunately, Mary Jane was
deployed to work as front desk receptionist at a hotel in Abu Dhabi where
she met Sultan Ahmed who proposed marriage, to which she readily
accepted. Unfortunately for Shiela May, she was not deployed to work
abroad, and this made her envious of Mary Jane.
Mary Jane returned to the Philippines to prepare for her wedding. She
secured from the National Statistics Office (NSO) a Certificate of No
Marriage. It turned out from the NSO records that Mary Jane had previously
contracted marriage with John Starr, a British citizen, which she never did.
The purported marriage between Mary Jane and John Starr contained all the
required pertinent details on Mary Jane. Mary Jane later on learned that
Shiela May is the best friend of John Starr.
As a lawyer, Mary Jane seeks your advice on her predicament. What legal
remedy will you avail to enable Mary Jane to contract marriage with Sultan
Ahmed? (4%)
Suggested Answer:
The legal remedy I would avail to enable Mary Jane to contract marriage
with Sultan Ahmed is to file a petition under Rule 108 to cancel entries in the
marriage contract between John Starr and Mary Jane, particularly the
portion and entries thereon relating to the wife.
Rule 108 may be availed of to cancel erroneous or invalid entries in the

Civil Registry. Here the entry of Mary Jane as the wife of John Starr is clearly
erroneous and invalid as she never contracted marriage with anybody, much
less John Starr. There is no need to file a petition for declaration of nullity of
marriage since there was no marriage to speak of in the first place, the
marriage contract being a sham contract. (Republic v. Olaybar, 10 February
2014, Peralta, J.).

Another Suggested Answer:
I will file a Petition for correction or cancellation of entry under Rule 108
of the Rules of Court.
A Petition for correction or cancellation of entry under Rule 108 may be

filed by Mary Jane because what she sought to be corrected is only the
record of such marriage in the Civil Registry Office in order to reflect the
truth as set forth by the evidence, and not the nullification of marriage as
there was no marriage on the first place. (Republic of the Philippines vs.
Merlinda L. Olaybar, G.R. No. 189538, February 10, 2014, Peralta, J.
Alternative Answer:
I will file a Petition for declaration of nullity of marriage.
A petition for correction or cancellation of an entry in the civil registry

cannot substitute an action to invalidate a marriage. A direct action for
declaration of nullity or annulment of marriage is necessary to prevent the
circumvention of the jurisdiction of the Family Courts (RA 8369), and the
substantive and procedural safeguards of marriage under the Family Code,
A.M. No. 02-11-10-SC and other related laws.
Accordingly, a trial court has no jurisdiction to nullify marriages in a

special proceeding for cancellation or correction of entry under Rule 108 of
the Rules of Court. The validity of marriage can only be questioned in a
direct action to nullify the same. (Minoru Fujiki vs. Maria Paz Galela Marinay,
G.R. No. 196049, June 26, 2013)
Question 20:

Tom Wallis filed with the Regional Trial Court (RTC) a Petition for
Declaration of Nullity of his marriage with Debi Wallis on the ground of
psychological incapacity of the latter. Before filing the petition, Tom
Wallis had told Debi Wallis that he wanted the annulment of their marriage
because he was already fed up with her irrational and eccentric behaviour.
However, in the petition for declaration of nullity of marriage, the correct
residential address of Debi Wallis was deliberately not alleged and instead,
the residential address of their married son was stated. Summons was
served by substituted service at the address stated in the petition. For
failure to file an answer, Debi Wallis was declared in default and Tom
Wallis presented evidence ex-parte. The RTC rendered judgment declaring
the marriage null and void on the ground of psychological incapacity of Debi
Wallis. Three (3) years after the RTC judgment was rendered, Debi Wallis got
hold of a copy thereof and wanted to have the RTC judgment reversed and
set aside.
If you are the lawyer of Debi Wallis, what judicial remedy or remedies will
you take? Discuss and specify the ground or grounds for said remedy or
remedies. (5%)
Suggested Answer:
If I were the lawyer of Debi Wallis, the judicial remedy I would take is to
file with the Court of Appeals an action for annulment of the RTC judgment
under Rule 47. An action for annulment of judgment may be resorted to
since the remedies of appeal and petition for relief are no longer available
through no fault of Debi Wallis. (S1 R47).
The ground for annulment of judgment would be lack of

jurisdiction. Lack of jurisdiction also covers lack of jurisdiction over the
person of the defendant since the judgment would be void. (1 FLORENZ D.
REGALADO, REMEDIAL LAW COMPENDIUM 558 [7th rev. ed., 3rd printing]).
Here the court did not acquire jurisdiction over the person of Debi since
there was no valid substituted service of summons. Substituted service of

summons should have been made at Debi’s residence. (S7 R14). Hence the
judgment of the RTC was void. Since the judgment is void, the petition for
annulment thereof is imprescriptible. (S3 R47)
Furthermore, default judgments are not allowed in declaration of nullity

of marriage. (S3[e] R9). Hence the trial court’s rendition of a default
judgment was made with grave abuse of discretion amounting to lack of
jurisdiction.
Question 28:
A was adopted by B and C when A was only a toddler. Later on in

life, A filed with the Regional Trial Court (RTC) a petition for change of name
under Rule 103 of the Rules of Court, as he wanted to reassume the
surname of his natural parents because the surname of his adoptive parents
sounded offensive and was seriously affecting his business and social life.
The adoptive parents gave their consent to the petition for change of
name. May A file a petition for change of name? If the RTC grants the
petition for change of name, what, if any, will be the effect on the respective
relations of A with his adoptive parents and with his natural parents?
Discuss. (4%)
Suggested Answer:
Yes, A may file a petition for change of name. Changing name on the
ground that it is offensive and seriously affects the petitioner’s business and
social life is a valid ground especially where the adoptive parents had given
their consent.
The grant of the petition will not change A’s relations with his adoptive
and natural parents. The Supreme Court has held that change of name
under Rule 103 affects only the name and not the status of the
petitioner. (Republic v. CA, 21 May 1992).

2015
Question 9:
Hades, an American citizen, through a dating website, got acquainted

with Persephone, a Filipina. Hades came to the Philippines and proceeded to
Baguio City where Persephone resides. Hades and Persephone contracted
marriage, solemnized by the Metropolitan Trial Court judge of Makati City.
After the wedding, Hades flew back to California, United States of America,
to wind up his business affairs. On his return to the Philippines, Hades
discovered that Persephone had an illicit affair with Phanes. Immediately,
Hades returned to the United States and was able to obtain a valid divorce
decree from the Superior Court of the County of San Mateo, California, a
court of competent jurisdiction against Persephone. Hades desires to marry
Hestia, also a Filipina, whom he met at Baccus Grill in Pasay City.
a.) As Hades' lawyer, what petition should you file in order that your
client can avoid prosecution for bigamy if he desires to marry Hestia? (2%)
b.) In what court should you file the petition? (1 %)
c.) What is the essential requisite that you must comply with for the
purpose of establishing jurisdictional facts before the court can hear the
petition? (3%)
Suggested Answers:
a) As Hade’s lawyer, I would file a petition for cancellation of entry of

marriage under Rule 108 with prayer for recognition of foreign divorce
judgment.
In a case involving similar facts, the Supreme Court held that a foreign
divorce decree must first be recognized before it can be given effect. The
Supreme Court stated that the recognition may be prayed for in the petition

for cancellation of the marriage entry under Rule 108. (Corpuz v. Sto. Tomas,
628 SCRA 266).
b) I would file the petition in the regional trial court of Makati City,
where the corresponding civil registry is located. (Section 1 of Rule 108).
c) For the Rule 108 petition, the jurisdictional facts are the following:
1. Joinder of the local civil registrar and all persons who have or claim
any interest which would be affected by petition.
2. Notice of the order of hearing to the persons named in the petition.
3. Publication of the order of hearing in a newspaper of general
circulation in the province.
Question 12:
Hercules was walking near a police station when a police officer signaled
for him to approach. As soon as Hercules came near, the police officer
frisked him but the latter found no contraband. The police officer told
Hercules to get inside the police station. Inside the police station, Hercules
asked the police officer, "Sir, may problema po ba?" Instead of replying, the
police officer locked up Hercules inside the police station jail.
a.) What is the remedy available to Hercules to secure his immediate

release from detention? (2%)
b.) If Hercules filed with the Ombudsman a complaint for warrantless

search, as counsel for the police officer, what defense will you raise for
the dismissal of the complaint? (3%)
c.) c.) If Hercules opts to file a civil action against the police officer, will
he have a cause of action? (3%)
Suggested Answers:

a) The remedy available to Hercules to secure his immediate release
from detention is a petition for writ of habeas corpus.
Under Rule 102, the writ of habeas corpus is available in cases of illegal
detention. Section 5 of Rule 102 provides that a court or judge authorized
to grant the writ must, when the petition therefor is presented and it
appears that the writ ought to issue, grant the same forthwith, and
immediately thereupon the clerk of court shall issue the writ or in case of
emergency, the judge may issue the writ under his own hand and may
depute any officer or person to serve it. The court or judge before whom
the writ is returned must immediately proceed to hear and examine the
return. (Section 12, Rule 102).
b) I will raise the defense that the warrantless search was authorized as
a “stop and frisk.”
“Stop and frisk” is the right of a police officer to stop a citizen on the
street, interrogate him and pat him for weapons and contraband whenever
he observes unusual conduct which leads him to conclude that criminal
activity may be afoot. (Terry v. Ohio, 392 U.S. 1).
c) Yes. Hercules will have a cause of action.
Under Article 32(4) of the Civil Code, any public officer who violates the
right of a person to freedom from arbitrary or illegal detention shall be liable
to the latter for damages. The action to recover damages is an independent
civil action.
Here Hercules was illegally detained as there was no probable cause to

arrest him without warrant.
Question 15:
Water Builders, a construction company based in Makati City, entered

into a construction agreement with Super Powers, Inc., an energy company

based in Manila, for the construction of a mini hydro electric plant. Water
Builders failed to complete the project within the stipulated duration. Super
Powers cancelled the contract. Water Builders filed a request for arbitration
with the Construction Industry Arbitration Commission (CIAC). After due
proceedings, CIAC rendered judgment in favor of Super Powers, Inc.
ordering Water Builders to pay the former P 10 million, the full amount of
the down payment paid, and P2 million by way of liquidated damages.
Dissatisfied with the CIAC's judgment, Water Builders, pursuant to the
Special Rules of Court on Alternative Dispute Resolution (ADR Rules) filed
with the RTC of Pasay City a petition to vacate the arbitral award. Super
Powers, Inc., in its opposition, moved to dismiss the petition, invoking the
ADR Rules, on the ground of improper venue as neither of the parties were
doing business in Pasay City.
Should Water Builders' petition be dismissed? (3%)
Suggested Answer:
Yes. Water Builders’ petition should be dismissed.
Under Rule 11.3 of the Special ADR Rules, the petition for vacation of a
domestic arbitral award may be filed with the Regional Trial Court having
jurisdiction over the place in which one of the parties is doing business,
where any of the parties reside or where arbitration proceedings were
conducted.
Here neither of the parties were doing business in Pasay City nor was
there a showing that arbitration proceedings were conducted in Pasay City.
Question 18:
The residents of Mt. Ahohoy, headed by Masigasig, formed a

nongovernmental organization - Alyansa Laban sa Minahan sa Ahohoy
(ALMA) to protest the mining operations of Oro Negro Mining in the
mountain. ALMA members picketed daily at the entrance of the mining site

blocking the ingress and egress of trucks and equipment of Oro Negro,
hampering its operations. Masigasig had an altercation with Mapusok arising
from the complaint of the mining engineer of Oro Negro that one of their
trucks was destroyed by ALMA members.
Mapusok is the leader of the Association of Peace Keepers of Ahohoy

(APKA), a civilian volunteer organization serving as auxiliary force of the local
police to maintain peace and order in the area. Subsequently, Masigasig
disappeared. Mayumi, the wife of Masigasig, and the members of ALMA
searched for Masigasig, but all their efforts proved futile. Mapagmatyag, a
member of ALMA, learned from Maingay, a member of APKA, during their
binge drinking that Masigasig was abducted by other members of APKA, on
order of Mapusok. Mayumi and ALMA sought the assistance of the local
police to search for Masigasig, but they refused to extend their cooperation.
Immediately, Mayumi filed with the RTC, a petition for the issuance of
the writ of amparo against Mapusok and APKA. ALMA also filed a petition for
the issuance of the writ of amparo with the Court of Appeals against
Mapusok and APKA. Respondents Mapusok and APKA, in their Return filed
with the RTC, raised among their defenses that they are not agents of the
State; hence, cannot be impleaded as respondents in an amparo petition.
a.) Is their defense tenable? (3%)
Respondents Mapusok and APKA, in their Return filed with the Court of
Appeals, raised as their defense that the petition should be dismissed on the
ground that ALMA cannot file the petition because of the earlier petition
filed by Mayumi with the RTC.
b.) Are respondents correct in raising their defense? (3%)
c.) Mayumi later filed separate criminal and civil actions against Mapusok.
How will the cases affect the amparo petition she earlier filed? (1 %)
Suggested Answers:

a) No, the defense of Mapusok and APKA that they are not agents of the
State and hence cannot be impleaded as respondents in an amparo petition
is not tenable.
The writ of amparo is available in cases where the enforced or

involuntary disappearance of a persons is with the authorization, support or
acquiescence of the State. (See Sec. 3[g] of R.A. No. 9851 and Navia v.
Pardico, 19 June 2012, e.b.).
Here Mapusok and APKA may be considered as acting with the support
or at least the acquiescence of the State since APKA serves as an auxiliary
force of the police and the police refused to assist in the search for
Masigasig.
b) Yes, respondents are correct in raising their defense.
Under Section 2(c) of the Rule on the Writ of Amparo, the filing of a
petition by an authorized party on behalf of the aggrieved party suspends
the right of all others, observing the order in Section 2 of the Rule on the
Writ of Amparo.
Here the petition for writ of amparo had earlier been filed by the spouse
of the aggrieved party Masigasig. Thus, it suspends the right of all others,
including ALMA, to file the petition.
c) The amparo petition shall be consolidated with the criminal

action. (Section 23, Rule on the Writ of Amparo).
2016
Question 13:
The officers of "Ang Kapaligiran ay Alagaan, Inc." engaged your services

to file an action against ABC Mining Corporation which is engaged in mining

operations in Sta. Cruz, Marinduque. ABC used highly toxic chemicals in
extracting gold. ABC's toxic mine tailings were accidentally released from its
storage dams and were discharged into the rivers of said town. The mine
tailings found their way to Calancan Bay and allegedly to the waters of
nearby Romblon and Quezon. The damage to the crops and loss of earnings
were estimated at P1 Billion. Damage to the environment is estimated at P1
Billion. As lawyer for the organization, you are requested to explain the
advantages derived from a petition for writ of kalikasan before the Supreme
Court over a complaint for damages before the RTC of Marinduque or vice-
versa. What action will you recommend? Explain. (5%)
Suggested Answer:
I will recommend the filing of a Petition for the issuance of a writ of

kalikasan. The following are the advantages of such a petition over a civil
complaint for damages.
First, there will be no issue regarding the legal standing or legal capacity
of the Ang Kapaligiran ay Alagaan Inc.” (AKAI) to file the action. Section 1,
Rule 7 of the Rules of Procedure for Environmental Cases (RPEC) provides
that the writ of kalikasan is available to a people’s organization, non-
governmental organization, or any public interest group. On the other hand,
the legal capacity of AKAI to file an action for damages in behalf of its
members may be questioned since a corporation has a personality separate
from that of its members.
Secondly, the petitioner in a petition for writ of kalikasan is exempt from

the payment of docket fees unlike in a civil complaint for damages.
Thirdly in a petition for writ of kalikasan, the petitioners may avail of the
precautionary principle in environmental cases which provides that when
human activities may lead to threats of serious and irreversible damage to
the environment that is scientifically plausible but uncertain, action shall be
taken to avoid or diminish that threat. In effect, the precautionary principle
shifts the burden of evidence of harm away from those likely to suffer harm

and onto those desiring to change the status quo. In a civil complaint for
damages, the burden of proof to show damages is on the plaintiff.
Finally, the judgment is a writ of kalikasan case is immediately executory

unlike in a civil complaint for damages.
The advantage of the civil complaint for damages is that the court may
award damages to the Petitioners for the injury suffered which is not the
case in a petition for writ of kalikasan. At any rate a person who avails of
the Writ of Kalikasan may also file a separate suit for the recovery of
damages.
Question 15:
Chika sued Gringo, a Venezuelan, for a sum of money. The Metropolitan

Trial Court of Manila (MeTC) rendered a decision ordering Gringo to pay
Chika P50,000.00 plus legal interest. During its pendency of the appeal
before the RTC, Gringo died of acute hemorrhagic pancreatitis. Atty.
Perfecto, counsel of Gringo, filed a manifestation attaching the death
certificate of Gringo and informing the RTC that he cannot substitute the
heirs since Gringo did not disclose any information on his family. As counsel
for Chika, what remedy can you recommend to your client so the case can
move forward and she can eventually recover her money? Explain. (5%)
Suggested Answer:
The remedy I can recommend to my client Chika is to file a petition for

settlement of the estate of Gringo and for the appointment of an
administrator. Chika as a creditor is an interested person who can file the
petition for settlement of Gringo’s estate. Once the administrator is
appointed, I will move that the administrator be substituted as the
defendant. I will also file my claim against Gringo as a contingent claim in
the probate proceedings pursuant to Rule 86 of the Rules of Court.
Question 16:

Tristan filed a suit with the RTC of Pasay against Arthur King and/or Estate
of Arthur King for reconveyance of a lot declared in the name of Arthur King
under TCT No. 1234. The complaint alleged that "on account Arthur King's
residence abroad up to the present and the uncertainty of whether he is still
alive or dead, he or his estate may be served with summons by publication."
Summons was published and nobody filed any responsive pleading within
sixty (60) days therefrom. Upon motion, defendants were declared in
default and judgment was rendered declaring Tristan as legal owner and
ordering defendants to reconvey said lot to Tristan.
Jojo, the court-designated administrator of Arthur King's estate, filed a

petition for annulment of judgment before the CA praying that the decision
in favor of Tristan be declared null and void for lack of jurisdiction. He claims
that the action filed by Tristan is an action in personam and that the court
did not acquire jurisdiction over defendants Arthur King and/or his estate.
On the other hand, Tristan claims that the suit is an action in rem or at least
an action quasi in rem. Is the RTC judge correct in ordering service of
summons by publication? Explain. (5%)
Suggested Answer:
Yes, the RTC judge is correct in ordering service of summons by

publication.
Under S15 R14, extraterritorial service, which includes service by

publication, may be availed of in actions the subject of which is property
within the Philippines in which the defendant has or claims a lien or interest
or in which the relief demanded consists in excluding the defendant from
any interest therein.
Here the action for reconveyance has for its subject a real property in the
Philippines in the defendant’s name and in which the relief sought is to
annul the defendant’s title and vest it in the plaintiff.

While Jojo is correct is saying that the action for reconveyance is in
personam (Republic v. CA, 315 SCRA 600, 606), the test of whether an action
is covered by S15 R14 is not its technical characterization as in rem or quasi
in rem but whether it is among those mentioned in S15 R14. (See Baltazar v.
Court of Appeals, 168 SCRA 354, 363).
2018
Question 20:
Dominic was appointed special administrator of the Estate of Dakota

Dragon. Delton, husband of Dakota, together with their five (5) children,
opposed appointment of Dominic claiming that he (Dominic) was just a
stepbrother of Dakota. After giving Dominic the chance to comment, the
court issued an Order affirming the appoint of Dominic.
a. What is the remedy available to the oppositors?
b. If there are no qualified heirs, can the government initiate escheat

proceedings over the assets of the deceased? To whom, in particular,
shall the estate of the deceased go and for whose benefit?
Suggested answers (The Bar question somehow is void because of

vagueness: Domingo to Dominic, but we presumed that such question is
correct, therefore below are the suggested answers):
a. The oppositors should file a petition for certiorari under Rule 65, not
appeal under Rule 109.

b. The court will assign the personal estate to the municipality or city
where the decedent last resided in the Philippines.
Question 21:
The municipality of Danao, Cebu was quiet and peaceful town until a
group of miners from Denmark visited the area and discovered that it was
rich in nickel. In partnership with the municipal mayor, the Danish miners
had to flatten 10 hectares of forest land by cutting all the trees before
starting their mining operations. The local DENR, together with the Samahan
Laban sa Sumisira sa Kalikasan, filed a petition for writ of kalikasan against
the municipal mayor and the Danish miners in the RTC of Cebu.
(a) Is the petition within the jurisdiction of the RTC of Cebu?
(b) What is the Precautionary Principle?
Suggested answers:
a. No. The Petition for Writ of Kalikasan is not within the jurisdiction of
the RTC of Cebu. The Rules of Procedure for Environmental Cases provide
that when it comes to a Petition for Writ of Kalikasan it should be filed
before CA or SC only and not before the RTC. In addition, the action of filing
such petition, in the instant case, will not prosper because the same can only
be applicable when it involves an environmental damage affecting TWO or
MORE cities or provinces, which is not attendant in the instant case.
b. Precautionary principle is when human activities may lead to threats

of serious and irreversible damage to the environment that is scientifically
plausible but uncertain, actions shall be taken to avoid or diminish threat
considering the constitutional right of the people to a balanced and
healthful ecology.

DISTINCTION AMONG HABEAS CORPUS, HABEAS DATA AND WRIT OF AMPARO
HABEAS CORPUS HABEAS DATA WRIT OF AMPARO

Writ directed to the person Remedy available to any Remedy available to any
detaining another, person whose right to person whose right to life,
commanding him to privacy in life, liberty or liberty, and security is
produce the body of the security is violated or violated or threatened
prisoner at a designated threatened by an with violation by an
time and place, with the day unlawful act or omission unlawful act or omission
and cause of his capture and of a public official or of a public official or
DESCRIPTION detention, to do, submit to, employee, or of a private employee, or of a private
and receive whatsoever the individual or entity individual or entity.
court or judge awarding the engaged in the gathering,
writ shall consider in that collecting, or information
behalf. regarding the person,
family, home and
correspondence of the
aggrieved party.
Involves the right to liberty It protects the image, Involves the right to life,
of and rightful custody by privacy, honor, liberty, and security of the
the aggrieved party. information, self- aggrieved party and
SCOPE
determination and covers extralegal killings
freedom of information of and enforced
a person. disappearance.

SC, CA RTC, MTC in the RTC, SB CA or SC or any RTC, SB, CA or SC or any
province or city in case there justice thereof. justice thereof.
JURISDICTION is no RTC judge; SB only in
aid of its appellate
jurisdiction.
Where the aggrieved party is Where the petitioner or Where the threat, act or
detained. respondent resides or omission was committed
that which has jurisdiction or any of its element
over the place where the occurred.
VENUE
data or information is
gathered, collected or
stored, at the option of
the petitioner.
1.Party for whose relief it is 1.Any aggrieved party; In the following order:
intended; or 2.However, in cases 1. Any member of the
of extralegal killings immediate family.
2.Any person on his behalf. and enforced 2. Any ascendants, or
disappearances; collateral relative of
WHO MAY FILE A a. Any member of the aggrieved party
PETITION the immediate family. within the 4th civil
b. Any ascendant, degree of
descendant, or consanguinity or
collateral relative of affinity.
the aggrieved party 3. Any concerned citizen,
within the 4th civil organization

degree of association or
consanguinity institution.
On the day specified in the The respondent shall file Within 5 working days
writ. a verified written return after service of the writ,
together with supporting the respondent shall file a
affidavits within 5 verified written return
WHERE TO FILE
working days from service together with supporting
RETURN
of the writ, which period affidavits.
may be reasonably
extended by the court of
justifiable reason.
May or may not be an Public official or Public official or
officer employee or a private employee or a private
individual or entity individual or entity.
engaged in the gathering,
collecting or storing of
RESPONDENT
data or information
regarding the person,
family, home and
correspondence of the
aggrieved party.

DIFFERENCES BETWEEN HABEAS CORPUS (RULE 102 OF THE RULES OF COURT) AND
RULE ON CUSTODY AND HABEAS CORPUS FOR MINORS (A.M. 03-04-04)
RULE ON CUSTODY AND HABEAS

HABEAS CORPUS (RULE 102) CORPUS FOR MINORS (A.M 03-04-
04)
 Right to liberty Petition for the rightful custody of
Rights Involved  Rightful custody of the minor
aggrieved party.
Actual violation of the aggrieved Unlawful deprivation of rightful
party’s right to liberty, or rightful custody, or A minor being kept
custody. from a parent by the other parent
(e.g. which parent shall have the
Situations Applicable
care and custody of a minor, when
such parent is in the midst of
nullity or legal separation
proceedings.)
Party for whose relief it is Any person claiming rightful
custody - this covers:
Party Authorized to File intended or by some person in
 Unlawful deprivation of the
his behalf.
custody of a minor.

 Which parent shall have the
care and custody of a minor.
Respondent May or may not be an officer
1. RTC or any judge thereof 1. RTC or any judge thereof;
2. CA or any member thereof in 2. CA or any member thereof in
instances authorized by law. instances authorized by law;
3. SC or any members thereof. 3. SC or any members thereof;
Before which court or judicial
4. First level courts in the absence 4. First level courts in the absence
authority filed of RTC judges in a province or city. of RTC judges in a province or city.
5. Sandiganbayan, in aid of 5. Sandiganbayan, in aid of
appellate jurisdiction of the appellate jurisdiction of the
Sandiganbayan (RA 8249 further Sandiganbayan (RA 8249 further
expanding its jurisdiction.) expanding its jurisdiction.)
Signed, verified either by the party The verified petition shall allege
for whose relief it is intended or by the following;
some person in his behalf and shall
1. The personal circumstances of
Contents of the petition set forth:
the petitioner and of the
1. That the person in whose behalf respondent.
the application is made is
2. The name, age and present
imprisoned or restrained on his
whereabouts of the minor and his

liberty; or her relationship to the
petitioner and the respondent.
2. The officer or name of the
person by whom he is so 3. The material operative facts
imprisoned or retrained or, if both constitution deprivation of custody
are unknown or uncertain, such and
officer or person may be described
4. Such other matters which are
by an assumed appellation, and the
relevant to the custody of the
person who is served with the writ
minor.
shall be deemed the person
intended;
3. The place where he is so The verified petition shall be
imprisoned or restrained, if known; accompanied by a certificate
against forum shopping, which the
4. A copy of the commitment or
petitioner must sign personally.
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.

DIFFERENTIATE RULE 103, RULE 108, R.A. No. 9048 AND R.A. No. 10172
Rule 103 Rule 108 R.A. No. 9048 R.A. No. 10172
Name of Law Change of Name Cancellation/Correction of Clerical Error Act Amendment to R.A. No.
Entries in the Civil Registry 9048
Subject Matter Change of full name Change or Corrections in Change of first name Correction of clerical or
(substantial corrections) the civil entries (substantial and nickname and civil typographical errors in
corrections) entries (only the day and month in
typographical or clerical the date of birth or sex
errors) of a person
Who may File A person desiring to Any person interested in Any person having direct Same in R.A. No. 9048
change his name. (Sec. 1) any act, event, order or and personal interest in
decree concerning the civil the correction of a
status of persons which has clerical or typographical
been recorded in the civil error in an entry and/or
register. (Sec. 1) change of first name or
nickname. (Sec. 3)
Venue RTC of the province RTC of city or province 1. Local civil registry 1. Local civil registry
wherein the petitioner where the corresponding office of the city or office of the city or
resides for three (3) civil registry is located. municipality where the municipality where the
years prior to filing, or, in record being sought to record being sought to
the City of Manila, to the be corrected or changed be corrected or
Juvenile and Domestic is kept; changed is kept;
Relations Court.
2. Local civil registrar of 2. Local civil registrar of
the place where the the place where the
interested party is interested party is

presently residing or presently residing or
domiciled; domiciled;
3. Philippine Consulates. 3. Philippine
Consulates.
Contents of (a) That the petitioner (a) That the petitioner has (a) Facts necessary to (a) Facts necessary to
Petition has been a bona fide been a bona fide resident establish the merits of establish the merits of
resident of the province of the province where the the petition; the petition;
where the petition is petition is filed for at least
(b) Particular erroneous (b) Facts that shall show
filed for at least three (3) three (3) years prior to the
entry or entries, which affirmatively that the
years prior to the date of date of such filing;
are sought to be petitioner is competent
such filing;
(b) The cause for which the corrected and/or the to testify to the matters
(b) The cause for which change of the petitioner’s change sought to be stated in the petition.
the change of the name is sought; made.
petitioner’s name is
(c) The name asked for.
sought; The petition shall be
(Sec. 2)
The petition shall be supported with the
(c) The name asked for.
supported with the following documents:
(Sec. 2)
following documents:
(1) A certified true
(1) A certified true machine copy of the
machine copy of the certificate or of the
certificate or of the page page of the registry
of the registry book book containing the
containing the entry or entry or entries sought
entries sought to be to be corrected or
corrected or changed; changed;

(2) At least two public or (2) At least two public
private documents or private documents
showing the correct showing the correct
entry or entries upon entry or entries upon
which the correction or which the correction or
change shall be based; change shall be based;
and and
(3) Other documents (3) Other documents
which the petitioner or which the petitioner or
the city or municipal the city or municipal
civil registrar or the civil registrar or the
consul general may consul general may
consider relevant and consider relevant and
necessary for the necessary for the
approval of the petition. approval of the
(Sec. 5) petition. (Sec. 3)
No petition for
correction of erroneous
entry concerning the
date of birth or the sex
of a person shall be
entertained except:
-if the petition is
accompanied by earliest
school record or school
documents such as, but
not limited to, medical
records, baptismal

certificate and other
documents issued by
religious authorities; nor
shall any entry involving
change of gender
corrected except:
-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.
Grounds 1. Name is ridiculous, Upon good and valid 1. The petitioner finds Clerical or typographical
tainted with dishonor grounds, the following the first name or error
and extremely difficult to entries in the civil register nickname to be
write or pronounce; may be cancelled or ridiculous, tainted with
corrected. dishonor and extremely
difficult to write or

2. Consequence of pronounce;
change of status;
2. The new first name or
3. Necessity to avoid nickname has been
confusion; habitually and
continuously used by
4. Having continuously
the petitioner and he
used and been known
has been publicly known
since childhood by a
by that first name or
Filipino name, unaware
nickname in the
of her alien parentage;
community; or
5. A sincere desire to
3. The change will avoid
adopt a Filipino name to
confusion. (Sec. 4)
erase signs of former
alienage all in good faith
and without prejudicing
everybody.
Kind of Judicial Proceeding Summary Proceeding Administrative Administrative
Proceeding Proceeding Proceeding
This can be converted to an

adversarial proceeding if
there are substantial
changes and affect the
status of an individual.
What to file File a signed and verified File a verified petition for File an affidavit. File an affidavit.
petition. 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 – the
Office of the Civil
Registrar General;
Third copy – to the
petitioner.
Notice and At least once a week for At least once a week for At least once a week for At least once a week for
Publication three (3) consecutive three (3) consecutive two (2) consecutive two (2) consecutive
weeks in some weeks in some newspaper weeks (publish the weeks in a newspaper
newspaper of general of general circulation whole affidavit) of general circulation
circulation (notice of (notice of hearing)
hearing)
Posting No posting No posting Duty of the civil registrar No posting
or Consul to post the
petition in a
conspicuous place for
ten (10) consecutive
days.

Who The Solicitor General or The Civil Registrar The Civil Registrar or the Same in R.A. No. 9048
Participates on the proper provincial or Consul
the Part of the city fiscal shall appear on
Government behalf of the
Government of the
Republic.
Where to Appeal decision with the Appeal decision with the Appeal decision to the Same in R.A. No. 9048
appeal Court of Appeals Court of Appeals Civil Registrar General
(head of NCSO)
Payment of No provision as to the No provision as to the The city or municipal The city or municipal
Fees payment of fees payment of fees registrar or the consul registrar or the consul
general shall be general shall be
authorized to collect authorized to collect
reasonable fees as a reasonable fees as a
condition for accepting condition for accepting
the petition. An indigent the petition. An
petitioner shall be indigent petitioner shall
exempt from the be exempt from the
payment of said fees. payment of said fees.
The fees collected by
the city or municipal
civil registrar or the
consul general pursuant
to this Act shall accrue
to the funds of the
Local Civil Registry
Office concerned or the

Office of the Consul
General for
modernization of the
office and hiring of new
personnel and
procurement of
supplies, subject to
government accounting
and auditing rules.


Special Proceedings Project - 2nd Sem 2018-2019

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Special Proceedings Project - 2nd Sem 2018-2019

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COMPILATION OF MATTERS ON

ATTY. BONNA SORIANO

March 17, 2019

Group 1: Recent Cases on Special Procedures

Group 2: Jurisdiction, Venue and Flow Chart for Special Procedures

Group 3: Compilation of the 2010 to 2018 Bar Questions and Answers on

Group 4: Differentiation and Comparison among Writ of Habeas Corpus

Compilations on Special Proceedings

Group 5: Differentiation and Comparison among Rules on Change of Name,

Compilations on Special Proceedings

Title: Lolita Bas Capablanca vs. Heirs of Pedro Bas

In October 1996, Josefina Bas Espinosa (Josefina) represented the Heirs

Compilations on Special Proceedings

Whether there should be a separate proceeding for a declaration of

No judicial declaration of heirship is necessary in order that an heir

The right to assert a cause of action as an heir, although he has not

Compilations on Special Proceedings

Compilations on Special Proceedings

Vipa Fernandez Lahaylahay (Vipa) is the registered owner of a parcel

Sometime in 1990, a contract of lease was executed between Vipa

On March 5, 1994, Vipa died leaving no will or testament whatsoever.

In June 1998, Rafael stopped paying the monthly rents. Consequently,

Compilations on Special Proceedings

Is the issue of ownership is allowed to be raised during on appeal?

Compilations on Special Proceedings

Compilations on Special Proceedings

On February 14, 2011, the petitioners filed a petition for annulment of

Considering that a Petition for Annulment of Judgment is an original

Hence, this appeal by petition for review on certiorari.

Compilations on Special Proceedings

The petitioners received the assailed resolution of November 16, 2011

Compilations on Special Proceedings

Petitioner (Estate of Honorio Poblador, Jr) was the subject of

On May 1996 Elsa A. Poblador was authorized by the Probate court as

Compilations on Special Proceedings

Our laws penalize criminal fraud which causes damage capable of

Further, prosecution failed to establish that fraud or bad faith was

Compilations on Special Proceedings

Thus, it is mandatory that the mother of an illegitimate child signs the

On 24 June 2008, petitioner Jonna Karla Barcelote bore a child out of

Compilations on Special Proceedings

After complying with the jurisdictional requirements, Barcelote was

On 28 February 2013, the RTC ruled in favor of Barcelote and ordered

Whether an illegitimate child shall use the surname of the mother

Compilations on Special Proceedings

Prior to its amendment, Article 176 of the Family Code11 reads:

Upon the effectivity of RA 9255,13 the provision that illegitimate

Illegitimate children shall use the surname and shall be under

Compilations on Special Proceedings

In case of an illegitimate child, the birth certificate shall be signed and

In the latter case, it shall not be permissible to state or reveal in the

Thus, it is mandatory that the mother of an illegitimate child signs the

Clearly, the subject birth certificates were not executed consistent

Acts executed against the provisions of mandatory or prohibitory laws

Compilations on Special Proceedings

Accordingly, we declare the subject birth certificates void and order

Compilations on Special Proceedings

Rules Special Proceeding Jurisdiction Venue

MTC – when the gross value of 2. If non-resident – Court of any

Note: MTC jurisdiction is

Compilations on Special Proceedings

2. Reversion of land to the State

3. Unclaimed deposits (for 10

Compilations on Special Proceedings