RULE 105

Judicial Approval of Voluntary Recognition of Minor Natural Children

Section 1. Venue. — Where judicial approval of a voluntary recognition of a minor natural child is
required, such child or his parents shall obtain the same by filing a petition to that effect with the
Court of First Instance of the province in which the child resides. In the City of Manila, the petition
shall be filed in the Juvenile and Domestic Relations Court.

Section 2. Contents of petition. — The petition for judicial approval of a voluntary recognition of a
minor natural child shall contain the following allegations:

(a) The jurisdictional facts;

(b) The names and residences of the parents who acknowledged the child, or of either of
them, and their compulsory heirs, and the person or persons with whom the child lives;

(c) The fact that the recognition made by the parent or parents took place in a statement
before a court of record or in an authentic writing, copy of the statement or writing being
attached to the petition.

Section 3. Order for hearing. — Upon the filing of the petition, the court, by an order reciting the
purpose of the same, shall fix the date and place for the hearing thereof, which date shall not be
more than six (6) months after the entry of the order, and shall, moreover, cause a copy of the order
to be served personally or by mail upon the interested parties, and published once a week for three
(3) consecutive weeks, in a newspaper or newspaper of general circulation in the province.

Section 4. Opposition. — Any interested party must, within fifteen (15) days from the service, or
from the last date of publication, of the order referred to in the next preceding section, file his
opposition to the petition, stating the grounds or reasons therefor.

Section 5. Judgment. — If, from the evidence presented during the hearing, the court is satisfied
that the recognition of the minor natural child was willingly and voluntarily made by he parent or
parents concerned, and that the recognition is for the best interest of the child, it shall render
judgment granting judicial approval of such recognition.

Section 6. Service of judgment upon civil registrar. — A copy of the judgment rendered in
accordance with the preceding section shall be served upon the civil registrar whose duty it shall be
to enter the same in the register.

RULE 106

Constitution of Family Home

Section 1. Who may constitute. — The head of a family owning a house and the land on which it is
situated may constitute the same into a family home by filing a verified petition to that effect with the
Court of First Instance of the province or city where the property is located. In the City of Manila, the
petition shall be filed in the Juvenile and Domestic Relations Court.
When there is danger that a person obliged to give support may lose his or her fortune because of
grave mismanagement or on account of riotous living, his or her spouse, if any, and a majority of
those entitled to be supported by him or by her may petition the Court of First Instance for the
creation of the family home.

Section 2. Contents of petition. — The petition shall contain the following particulars:

(a) Description of the property;

(b) An estimate of its actual value;

(c) A statement that the petitioner is actually residing in the premises;

(d) The encumbrances thereon;

(e) The names and addresses of all the creditors of the petitioner or head of the family and of
all mortgages and other persons who have an interest in the property;

(f) The names of all the beneficiaries of the family home.

Section 3. Notice and publication. — The court shall notify the creditors, mortgagees and all other
persons who have an interest in the estate, of the filing of the petition, causing copies thereof to be
served upon them, and published once a week for three (3) consecutive weeks in a newspaper of
general circulation. The petition shall, moreover, be caused to be posted in a conspicuous place in
the parcel of land mentioned therein, and also in a conspicuous place of the municipal building of the
municipality or city in which the land is situated, for at least fourteen (14) days prior to the day of the
hearing.

Section 4. Objection and date of hearing. — In the notice and publication required in the preceding
section, the court shall require the interested parties to file their objection to the petition within a
period of not less than thirty (30) days from receipt of notice or from the date of last publication, and
shall fix the date and time of the hearing of the petition.

Section 5. Order. — After hearing, if the court finds that the actual value of the proposed family
home does not exceed twenty thousand pesos, or thirty thousand pesos in chartered cities, and that
no third person is prejudiced thereby, or that creditors have given sufficient security for their credits,
the petition shall be approved.

Section 6. Registration of order. — A certified copy of the order of the court approving the
establishment of the family home shall be furnished the register of deeds who shall record the same
in the registry of property.