a) In legal and intestate succession, the adopter(s)
ADOPTION and the adoptee shall have reciprocal rights of
➔ Adoption is a juridical act, a proceeding in rem,
which creates between the two persons a
relationship similar to that which results from
legitimate paternity and filiation.
➔ An act which endows a child with legitimate status.
➔ The relationship established by adoption is limited
to the adopting parent, and does not extend to his
other relatives, except as provided by law.
Thus, the adopted child cannot be considered as a
relative of the ascendants and collaterals of the
adopting parents, nor of the legitimate children
which they may have after the adoption, except that
the law imposes certain impediments to marriage
by reason of adoption.
The adopted is an heir of the adopter but not of the
relatives of the adopter.
➔ Publication is jurisdictional and required to bind the
whole world.
➔ Adoption decree cannot be assailed collaterally in a
proceeding for the settlement of a decedent’s
estate.
Simulation of child’s birth in lieu of adoption
→ Mere registration of a child in his or her birth
certificate as the child of the supposed parents
is NOT a valid adoption. It does not confer
upon the child the status of an adopted child
and the legal rights of such child.
DOMESTIC ADOPTION ACT
EFFECTS OF ADOPTION
Transfer of parental authority – except in cases where
the biological parent is the spouse of the adopter, the
parental authority of the biological parents shall
terminate and the same shall be vested in the adopters.
Legitimacy – the adoptee shall be considered the
legitimate son/daughter of the adopter(s) for all intents
and purposes and as such is entitled to all the rights and
obligations provided by law to legitimate
sons/daughters born to them without discrimination of
any kind.
Successional rights
succession without distinction from legitimate
filiation;
b) However, if the adoptee and his/her biological
parent(s) had left a will, the law on testamentary
succession shall govern;
c) The adoptee remains an intestate heir of
his/her biological parent.
Issuance of new certificate and first name and
surname of adoptee
a) The adoption decree shall state the name by
which the child is to be known. An amended
certificate of birth shall be issued by the Civil
Registry attesting to the fact that the adoptee
is the child of the adopter(s) by being
registered with his/her surname;
b) The original certificate of birth shall be stamped
“cancelled” with the annotation of the issuance
of an amended birth certificate in its place and
shall be sealed in the civil registry records. The
new birth certificate to be issued to the
adoptee shall not bear any notation that it is an
amended issue;
c) All records, books, and papers relating to the
adoption cases in the files of the court, the
DSWD, or any other agency or institution
participating in the adoption proceedings shall
be kept strictly confidential and the court may
order its release under the following conditions
only: (1) the disclosure of the information to a
third person is necessary for purposes
connected with or arising out of the adoption;
(2) the disclosure will be for the best interest of
the adoptee; and (3) the court may restrict the
purposes for which it may be used.
RESCISSION OF ADOPTION OF THE ADOPTEE
Adoption shall not be subject to rescission by the
adopter. However, the adopter may disinherit the
adoptee for causes provided in Article 919 of the Civil
Code.
Grounds for rescission:
a) Repeated physical and verbal maltreatment by
the adopter(s) despite having undergone
counselling;
b) Attempt on the life of the adoptee;
c) Sexual assault or violence; or
d) Abandonment and failure to comply with
parental obligations.
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Prescriptive period: citizen permanently residing abroad where the petition
is filed, the supervised trial custody is undertaken, and
a) If incapacitated – within five (5) years after he
the decree of adoption is issued in the Philippines.
reaches the age of majority;
b) If incompetent at the time of the adoption –
within five (5) years after recovery from such WHEN ALLOWED
incompetency
➔ Inter-country adoptions are allowed when the same
shall prove beneficial to the child‘s best interests,
Venue
and shall serve and protect his/her fundamental
→ Where the adoptee resides. rights.
➔ It is allowed when all the requirements and
Effects of Rescission standards set forth under RA 8043 are complied
with.
1) Parental authority of the adoptee‘s biological
parent(s), if known, or the legal custody of the
DSWD shall be restored if the adoptee is still a INTER-COUNTRY ADOPTION AS THE LAST RESORT
minor or incapacitated;
The Board shall ensure that all the possibilities for
2) Reciprocal rights and obligations of the
adoption of the child under the Family Code have been
adopter(s) and the adoptee to each other shall
exhausted and that the inter-country adoption is in the
be extinguished;
best interest of the child.
3) Cancellation of the amended certificate of birth
No child shall be matched to a foreign adoptive family
of the adoptee and restoration of his/her
unless it is satisfactorily shown that the child cannot be
original birth certificate; and
adopted locally.
4) Succession rights shall revert to its status prior
to adoption, but only as of the date of
judgment of judicial rescission. Vested rights FINANCIAL QUALIFICATION FOR ADOPTION
acquired prior to judicial rescission shall be
Since the primary consideration in adoption is the best
respected.
interest of the child, it follows that the financial capacity
of prospective parents should also be carefully
evaluated and considered. Certainly, the adopter should
INTER-COUNTRY ADOPTION be in the position to support the would-be
child/children, in keeping with the means of the family.
Inter-Country Adoption refers to the socio-legal process
of adopting a Filipino child by a foreigner or a Filipino

DOMESTIC ADOPTION INTER-COUNTRY ADOPTION

Applies to domestic adoption of Filipino children, where Applies to adoption of a Filipino child in a foreign country,
the entire adoption process beginning from the filing of where the petition for adoption is filed, the supervised
the petition up to the issuance of the adoption decree trial custody is undertaken and the decree of adoption is
takes place in the Philippines. issued outside of the Philippines.

Judicial proceeding Extrajudicial proceeding

WHO MAY ADOPT

A. FILIPINO CITIZENS A. FILIPINO CITIZENS
1) Of legal age; 1) Permanent resident of a foreign country;
2) In possession of full civil capacity and legal rights; 2) Has the capacity to act and assume all rights and
responsibilities of parental authority under
3) Of good moral character;
Philippine laws;
4) Has not been convicted of any crime involving
3) Has undergone the appropriate counseling from
moral turpitude;
an accredited counselor in country of domicile;

2
 5) Emotionally and psychologically capable of
caring for children;
6) In a position to support and care for his/her
children in keeping with the means of the family;
7) At least 16 years older than the adoptee but this
latter requirement may be waived if (a) the
adopter is the biological parent of the adoptee;
or (b) the adopter is the spouse of the adoptee‘s
parent; and
8) Permanent resident of the Philippines.
B. ALIENS
1) Same qualifications as above, and in addition:
2) His/her country has diplomatic relations with the
Republic of the Philippines;
3) His/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter;
4) Has been living in the Philippines for at least 3
continuous years prior to the filing of the
application for adoption and maintains such
residence until the adoption decree is entered;
and
5) Has been certified by his/her diplomatic or
consular office or any appropriate government
agency that he/she has the legal capacity to
adopt in his/her country.
 The requirements on residency and certification
of alien’s qualification to adopt in his country
may be waived for:
i. a former Filipino citizens seeks to adopt
a relative within the 4th degree of
consanguinity or affinity;
ii. one seeks to adopt the legitimate
son/daughter of his/her Filipino spouse;
iii. one who is married to a Filipino citizen
and seeks to adopt a relative within the
4th degree of consanguinity or affinity
of the Filipino spouse.
4) Has not been convicted of a crime involving
moral turpitude;
5) Eligible to adopt under Philippine laws;
6) In a position to provide the proper care and
support and to give the necessary moral values
and example to all his children, including the
child to be adopted;
7) Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the UN
Convention on Rights of the Child, and to abide
by the rules and regulations issued to implement
the provisions of the ICAA;
8) Residing in a country with whom the Philippines
has diplomatic relations and whose government
maintains a similarly authorized and accredited
agency and that adoption is allowed in that
country;
9) Possesses all the qualifications and none of the
disqualifications provided in the ICAA and in
other applicable Philippine laws;
10) At least 27 years of age at the time of the
application; and
11) At least 16 years older than the child to be
adopted at the time of application, unless (a)
adopted is the parent by nature of the child to
be adopted; or (b) adopter is the spouse of the
parent by nature of the child to be adopted.
B. ALIENS
1) At least 27 years of age at the time of the
application;
2) At least 16 years older than the child to be
adopted at the time of application unless the
adopter is the parent by nature of the child to be
adopted or the spouse of such parent;
3) Has the capacity to act and assume all rights and
responsibilities of parental authority under his
national laws;
4) Has undergone the appropriate counseling from
an accredited counselor in his/her country;
5) Has not been convicted of a crime involving
moral turpitude;
6) Eligible to adopt under his/her national law;
7) In a position to provide the proper care and
support and to give the necessary moral values
and example to all his children, including the
child to be adopted;
8) Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the UN
Convention on the Rights of the Child, and to
3
 abide by the rules and regulations issued to
implement the provisions of the ICAA;
9) Comes from a country with whom the Philippines
has diplomatic relations and whose government
maintains a similarly authorized and accredited
agency and that adoption is allowed under
his/her national laws; and
10) 10) Possesses all the qualifications and none of
the disqualifications provided in the ICAA and in
other applicable Philippine laws.

WHO MAY BE ADOPTED

The following may be adopted: Only a legally free child may be adopted.
a) Any person below eighteen (18) years of age who Requisites:
has been administratively or judicially declared
a) Below 15 years of age; and
available for adoption;
b) Has been voluntarily or involuntarily committed
b) The legitimate son/daughter of one spouse by
to the DSWD in accordance with PD 603
the other spouse;
c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
d) A person of legal age if, prior to the adoption,
said person has been consistently considered
and treated by the adopter(s) as his/her own
child since minority;
e) A child whose adoption has been previously
rescinded; or
f) A child whose biological or adoptive parent(s)
has died; Provided, That no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s) (Section 8)

REQUIREMENT OF JOINT ADOPTION BY SPOUSES

General rule: husband and wife shall jointly adopt; If the adopter is married, his/her spouse must jointly file
otherwise, the adoption shall not be allowed. for the adoption.
Exceptions:
1) If one spouse seeks to adopt the legitimate
son/daughter of the other;
2) If one spouse seeks to adopt his/her own
illegitimate son/daughter but the other spouse
must give his/her consent;
3) 3) If the spouses are legally separated from each
other.

WHOSE CONSENT IS NECESSARY TO THE ADOPTION

Written consent of the following to the adoption is
required, in the form of affidavit:
1) adoptee, if 10 years of age or over;
2) biological parent/s of the child, if known, or the
legal guardian, or the proper government
1) Written consent of biological or adopted
children above 10 years of age, in the form of
sworn statement is required to be attached to
the application to be filed with the FC or ICAB;
2) 2) If a satisfactory pre-adoptive relationship is
formed between the applicant and the child, the

4
 instrumentality which has legal custody of the written consent to the adoption executed by the
child; DSWD is required.
3) legitimate and adopted sons or daughters, 10
years of age or over, of the adopter/s and
adoptee, if any;
4) illegitimate sons/daughters, 10 years of age of
over, of the adopter if living with said adopter
and the latter‘s spouse, if any;
5) 5) spouse, if any, of the person adopting or to be
adopted.

WHERE TO FILE
Family Court of the place where the adopter resides Either in:
a) Family Court having jurisdiction over the place
where the child resides or may be found, or
b) Inter-Country Adoption Board (ICAB) through an
intermediate agency, whether governmental or
an authorized and accredited agency, in the
country of the prospective adoptive parents.

PROCEDURE
✓ Petition for adoption may include prayer for change After filing:
of name, rectification of simulated birth or
a) if filed in the FC, court determines sufficiency of
declaration that the child is a foundling, abandoned,
petition in respect to form and substance, after
dependent or neglected child.
which, petition is transmitted to ICAB;
b) if petition is already with ICAB, it conducts
After filing: The petition shall not be set for hearing
matching of the applicant with an adoptive child;
without a case study report by a licensed social worker.
c) after matchmaking, the child is personally
fetched by the applicant for the trial custody
Supervised Trial Custody:
which takes place outside of the Philippines.
a) Temporary parental authority is vested in
prospective adopter;
Supervised Trial Custody:
b) Period is at least 6 months, but may be reduced
by the court motu propio or upon motion; a) This process takes place outside of the country
and under the supervision of the foreign
c) If adopter is alien, the law mandatorily requires
adoption agency;
completion of the 6-month trial custody and may
not be reduced, except if: b) For a period of 6 months;

1. a former Filipino citizen seeks to adopt a c) If unsuccessful, ICAB shall look for another
relative within 4th degree of consanguinity prospective applicant. Repatriation of the child is
or affinity; to be resorted only as a last resort;

2. one seeks to adopt the legitimate d) d) If successful, ICAB transmits a written consent
son/daughter of his/her Filipino spouse; for the adoption to be executed by the DSWD,
and the applicant then files a petition for
3. one who is married to a Filipino citizen and
adoption in his/her country.
seeks to adopt jointly with his/her spouse a
relative within the 4th degree of
consanguinity or affinity of the Filipino
spouse.

COURT THAT ISSUES DECREE OF ADOPTION

Family court Foreign court

5

SPECIAL WRITS
WRIT OF HABEAS CORPUS
➔ The writ of habeas corpus shall extend to all cases
of illegal confinement or detention by which any
person is deprived of his liberty, or by which the
rightful custody of any person is withheld from the
person entitled thereto.
➔ A petition for the issuance of a writ of habeas
corpus is a special proceeding governed by Rule
102 of the Revised Rules of Court. The objective of
the writ is to determine whether the
confinement or detention is valid or lawful. If it
is, the writ cannot be issued. What is to be inquired
into is the legality of his detention as of, at the
earliest, the filing of the application for the writ of
habeas corpus, for even if the detention is at its
inception illegal, it may, by reason of some
supervening events, such as the instances
mentioned in Sec. 4 of Rule 102, be no longer illegal
at the time of the filing of the application.
➔ Habeas corpus may not be used as a means of
obtaining evidence on the whereabouts of a
person, or as a means of finding out who has
specifically abducted or caused the disappearance
of a certain person.
➔ The writs of habeas corpus and certiorari may be
ancillary to each other where necessary to give
effect to the supervisory powers of the higher
courts. A writ of habeas corpus reaches the body
and the jurisdictional matters, but not the record. A
writ of certiorari reaches the record but not the
body. Hence, a writ of habeas corpus may be used
with the writ of certiorari for the purpose of review.
➔ The general rule is that the release, whether
permanent or temporary, of a detained person
renders the petition for habeas corpus moot and
academic, unless there are restraints attached to
his release which precludes freedom of action, in
which case the Court can still inquire into the nature
of his involuntary restraint.
➔ This writ may issue even if another remedy which is
less effective may be availed of – failure by accused
to perfect his appeal before the CA does not
preclude recourse to the writ. The writ may be
granted upon a judgment already final.
ORDER TO PRODUCE BODY NOT A GRANT OF THE
REMEDY OF HABEAS CORPUS
In a habeas corpus petition, the order to present an
individual before the court is a preliminary step in the
hearing of the petition. The respondent must produce
the person and explain the cause of his detention.
However, this order is not a ruling on the propriety of
the remedy or on the substantive matters covered by
the remedy. Thus, the Court’s order to the Court of
Appeals to conduct a factual hearing was not an
affirmation of the propriety of the remedy of habeas
corpus.
WHEN NOT APPLICABLE
a) For asserting or vindicating denial of right to bail;
b) For correcting errors in appreciation of facts or
appreciation of law – where the trial court had no
jurisdiction over the cause, over the person of the
accused, and to impose the penalty provided for by
law, the mistake committed by the trial court, in the
appreciation of the facts and/or in the appreciation
of the law cannot be corrected by habeas corpus;
c) Once a person detained is duly charged in court, he
may no longer file a petition for habeas corpus. His
remedy would be to quash the information or
warrant.
WHEN WRIT DISALLOWED/DISCHARGED
If it appears that the person alleged to be restrained of
his liberty is in the custody of an officer under process
issued by a court or judge or by virtue of a judgment or
order of a court of record, and that the court or judge
had jurisdiction to issue the process, render the
judgment, or make the order, the writ shall not be
allowed; or if the jurisdiction appears after the writ is
allowed, the person shall not be discharged by reason
of any informality or defect in the process, judgment, or
order. Nor shall anything in this rule be held to authorize
the discharge of a person charged with or convicted of
an offense in the Philippines, or of a person suffering
imprisonment under lawful judgment.
WRIT OF HABEAS CORPUS CANNOT BE ISSUED
ONCE THE PERSON IS CHARGED WITH A CRIMINAL
OFFENSE
The remedy of habeas corpus has one objective: to
inquire into the cause of detention of a person, and if
found illegal, the court orders the release of the
detainee. If, however, the detention is proven lawful,
then the habeas corpus proceedings terminate.
HABEAS CORPUS AS A POST-CONVICTION REMEDY
6
As a post-conviction remedy, it may be allowed when,
as a consequence of a judicial proceeding, any of the
following exceptional circumstances is attendant:
1) there has been a deprivation of a constitutional
right resulting in the restraint of a person;
2) the court had no jurisdiction to impose the
sentence; or
3) the imposed penalty has been excessive, thus
voiding the sentence as to such excess.
RETROACTIVE EFFECT OF FAVORABLE LAW
Where a decision is already final, the appropriate
remedy of accused to secure release from prison is
petition for habeas corpus.
THE WRIT OF HABEAS CORPUS IS DIFFERENT
FROM THE FINAL DECISION ON THE PETITION FOR
THE ISSUANCE OF THE WRIT.
It is the writ that commands the production of the body
of the person allegedly restrained of his or her liberty.
On the other hand, it is in the final decision where a
court determines the legality of the restraint.
Between the issuance of the writ and the final decision
on the petition for its issuance, it is the issuance of the
writ that is essential. The issuance of the writ sets in
motion the speedy judicial inquiry on the legality of any
deprivation of liberty. Courts shall liberally issue writs of
habeas corpus even if the petition for its issuance "on
[its] face [is] devoid of merit[.]" Although the privilege of
the writ of habeas corpus may be suspended in cases of
invasion, rebellion, or when the public safety requires it,
the writ itself may not be suspended.
HABEAS CORPUS IN CUSTODY CASES
Habeas corpus may be resorted to in cases where
rightful custody is withheld from a person entitled
thereto.
The general rule is that parents should have the custody
over their minor children. However, the State has the
right to intervene where the parents treat them cruelly
and abusively.
A judicial guardian may file a petition of habeas corpus.
WRIT OF AMPARO
➔ The privilege of the writ of amparo is a remedy
available to victims of extra-judicial killings and
enforced disappearances or threats of similar
nature, regardless of whether the perpetrator of the
unlawful act or omission is a public official or
employee or a private individual.
➔ The privilege of the Writ of Amparo should be
distinguished from the actual order called the Writ
of Amparo. The privilege includes availment of the
entire procedure outlined in A.M. No. 07-9-12-SC,
the Rule on the Writ of Amparo.
➔ It is not a writ to protect concerns that are purely
property or commercial. Neither is it a writ that we
shall issue on amorphous and uncertain grounds.
➔ The petitioner in an amparo case has the burden of
proving by substantial evidence the indispensable
element of government participation. A writ of
amparo is not a proper remedy if there is no
government participation.
➔ Writ of amparo cannot be issued in cases where the
alleged threat to life, liberty and security has ceased
and no longer imminent or continuing.
DIFFERENCES BETWEEN AMPARO AND SEARCH
WARRANT
The production order under the Amparo Rule should
not be confused with a search warrant or law
enforcement under Art. III, Sec. 2 of the Constitution.
The Constitutional provision is a protection of the
people from the unreasonable intrusion of the
government, not a protection of the government from
the demand of the people as such respondents. Instead,
the amparo production order may be limited to the
production of documents or things under Sec. 1, Rule
27 of the Rules of Civil Procedure.
WRIT OF HABEAS DATA
➔ provides a judicial remedy to protect a person’s
right to control information regarding oneself,
particularly in instances where such information is
being collected through unlawful means in order to
achieve unlawful ends.
➔ It seeks to protect a person’s right to control
information regarding oneself, particularly in
instances in which such information is being
collected through unlawful means in order to
achieve unlawful ends.
➔ In order for the privilege of the writ to be granted,
there must exist a nexus between the right to
privacy on the one hand, and the right to life, liberty
or security on the other.
7
➔ Section 6 of the Rule on the Writ of Habeas Data
requires material allegations of ultimate facts in a
petition for the issuance of a writ of habeas data.
➔ An indispensable requirement before the privilege
of the writ may be extended is the showing, at least
by substantial evidence, of an actual or threatened
violation of the right to privacy in life, liberty or
security of the victim.
➔ It is not a writ to protect concerns that are purely
property or commercial. Neither is it a writ that we
shall issue on amorphous and uncertain grounds.
INSTANCES WHEN PETITION BE HEARD IN
CHAMBERS
A hearing in chambers may be conducted where the
respondent invokes the defense that the release of the
data or information in question shall compromise
national security or state secrets, or when the data or
information cannot be divulged to the public due to its
nature or privileged character.
WRIT OF KALIKASAN
➔ The writ is a extraordinary remedy available to a
natural or juridical person, entity authorized by law,
people’s organization, non-governmental
organization, or any public interest group
accredited by or registered with any government
agency, on behalf of persons whose constitutional
right to a balanced and healthful ecology is
violated, or threatened with violation by an unlawful
act or omission of a public official or employee, or
private individual or entity, involving environmental
damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more
cities or provinces.
➔ Those who may file for this remedy must represent
the inhabitants prejudiced by the environmental
damage subject of the writ to be filed with the SC
or CA. The applicant is exempted from payment of
docket fees.
CONTENTS OF THE VERIFIED PETITION
1) The personal circumstances of the petitioner
2) The name and personal circumstances of the
respondent or if the name and personal
circumstances are unknown and uncertain, the
respondent may be described by an assumed
appellation
3) The environmental law, rule or regulation
violated or threatened to be violated, the act or
omission complained of, and the
environmental damage of such magnitude as
to prejudice the life, health or property of
inhabitants in two or more cities or provinces
4) All relevant and material evidence consisting of
the affidavits of witnesses, documentary
evidence, scientific or other expert studies, and
if possible, object evidence
5) The certification of petitioner under oath that:
a. Petitioner has not commenced any
action or filed any claim involving the
same issues in any court, tribunal or
quasi-judicial agency, and no such
other action or claim is pending
therein
b. If there is such other pending action or
claim, a complete statement of its
present status;
c. if petitioner should learn that the same
or similar action or claim has been filed
or is pending, petitioner shall report to
the court that fact within five (5) days
therefrom; and
6) The reliefs prayed for which may include a
prayer for the issuance of a TEPO.
PROCEDURE
Where to file:
The petition shall be filed with the Supreme Court or
with any of the stations of the Court of Appeals.
Issuance of the Writ:
Within three (3) days from the date of filing of the
petition, if the petition is sufficient in form and
substance, the court shall give an order issuing the writ
and requiring the respondent to file a verified return as
provided in Section 8 of this Rule.
The clerk of court shall forthwith issue the writ under the
seal of the court including the issuance of a cease and
desist order and other temporary reliefs effective until
further order.
How the Writ is Served
The writ shall be served upon the respondent by a court
officer or any person deputized by the court, who shall
retain a copy on which to make a return of service.
8
In case the writ cannot be served personally, the rule on
substituted service shall apply.
CONTENTS OF THE RETURN
Within a non-extendible period of ten (10) days after
service of the writ, the respondent shall file a verified
return which shall contain all defenses to show that
respondent did not:
a) violate or
b) threaten to violate, or
c) allow the violation of any environmental law,
rule or regulation or
d) commit any act resulting to environmental
damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or
more cities or provinces.
All defenses not raised in the return shall be deemed
waived.
The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support of
the defense of the respondent.
A general denial of allegations in the petition shall be
considered as an admission thereof.
PROHIBITED PLEADINGS AND MOTIONS
1) Motion to dismiss
2) Motion for extension of time to file return
3) Motion for postponement
4) Motion for a bill of particulars
5) Counterclaim or cross-claim
6) Third-party complaint
7) Reply
8) Motion to declare respondent in default
DISCOVERY MEASURES
A party may file a verified motion for the following
reliefs:
a) Ocular Inspection - The motion must show
that an ocular inspection order is necessary to
establish the magnitude of the violation or the
threat as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces. It shall state in detail the place or
places to be inspected. It shall be supported by
affidavits of witnesses having personal
knowledge of the violation or threatened
violation of environmental law.
After hearing, the court may order any person
in possession or control of a designated land or
other property to permit entry for the purpose
of inspecting or photographing the property or
any relevant object or operation thereon. The
order shall specify the person or persons
authorized to make the inspection and the
date, time, place and manner of making the
inspection and may prescribe other conditions
to protect the constitutional rights of all parties.
b) Production or inspection of documents or
things - The motion must show that a
production order is necessary to establish the
magnitude of the violation or the threat as to
prejudice the life, health or property of
inhabitants in two or more cities or provinces.
After hearing, the court may order any person
in possession, custody or control of any
designated documents, papers, books,
accounts, letters, photographs, objects or
tangible things, or objects in digitized or
electronic form, which constitute or contain
evidence relevant to the petition or the return,
to produce and permit their inspection,
copying or photographing by or on behalf of
the movant. The production order shall specify
the person or persons authorized to make the
production and the date, time, place and
manner of making the inspection or production
and may prescribe other conditions to protect
the constitutional rights of all parties.
JUDGMENT
Within sixty (60) days from the time the petition is
submited for decision, the court shall render judgment
granting or denying the privilege of the writ of kalikasan.
Period to appeal from the judgment:
Within fifteen (15) days from the date of notice of the
adverse judgment or denial of motion for
reconsideration, any party may appeal to the Supreme
Court under Rule 45 of the Rules of Court. The appeal
may raise questions of fact.
Separate actions filed after the filing of a petition for
issuance of writ of kalikasan:
The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate civil,
criminal or administrative actions.
9
WRIT OF HABEAS CORPUS
A remedy available to any person, it
covers cases of illegal confinement
or detention by which any person is
deprived of his liberty, or by which
the rightful custody of any person
is
withheld from the person entitled
thereto.
By the party for whose relief it is
intended, or by some person on his
behalf.
➢ RTC (where detainee is detained)
o enforceable within its
area of jurisdiction.
➢ CA or SC
o enforceable anywhere
in the Philippines
Forthwith when a petition therefor is
presented and it appears that the
writ ought to issue.
WRIT OF AMPARO
A remedy available to any person
whose right to life, liberty and
security is violated or threatened
with violation by an unlawful act or
omission of a public official or
employee, or of a private individual or
entity. The writ covers extrajudicial
killings and enforced disappearances
or threats thereof. It is a form of
constitutional relief.
WHO MAY FILE THE PETITION
(In order):
a) Any member of the immediate
family: spouse, children and
parents of the aggrieved party;
b) Any ascendant, descendant or
collateral relative of aggrieved
party within the 4th civil degree of
consanguinity or affinity;
c) Any concerned citizen,
organization, association
institution, if no known member of
immediate family.
Filing by the aggrieved party suspends
the right of all other authorized person
to file such petition.
WHERE TO FILE THE PETITION
➢ SC, CA and Sandiganbayan;
➢ RTC of the place where the threat,
act or omission was committed or
any of its elements occurred.
Writ is enforceable anywhere in the
Philippines.
Petitioner is exempted to pay docket
and other lawful fees.
WHEN ISSUED
Immediately if on its face it ought to
be issued; Served immediately;
Summary hearing set not later than
seven (7) days from date of issuance
WRIT OF HABEAS DATA
A remedy available to any person
whose right to privacy in life,
liberty or security is violated or
threatened by an unlawful act or
omission of a public official or
employee, or of a private individual
or entity engaged in the gathering,
collecting or storing of data or
information regarding the person,
family, home and correspondence of
the aggrieved party.
(In order):
a) Any member of the immediate
family: spouse, children and
parents of the aggrieved party;
b) b) Any ascendant, descendant
or collateral relative of
aggrieved party within the 4th
civil degree of consanguinity or
affinity.
or
➢ SC, CA and and Sandiganbayan;
➢ RTC:
1. Where petitioner resides; or
2. Where respondent resides;
3. Which has jurisdiction over
the place where data or
information is gathered,
etc.
✓ All at the option of
petitioner.
Writ is also enforceable anywhere in
the Philippines.
Indigent petitioner is exempted to
pay docket and other lawful fees.
Immediately if on its face it ought to
be issued; Served within 3 days from
issuance; Summary hearing set not
10
 later than ten (10) work days from
date of issuance.

CONTENTS OF VERIFIED PETITION

a) That the person in whose behalf
the application is made is
imprisoned or restrained of his
liberty;
b) The officer or name of the
person by whom he is so
imprisoned or restrained; or, if
both are unknown or uncertain,
such officer or person may be
described by an assumed
appellation, and the person who
is served with the writ shall be
deemed the person intended;
c) The place where he is so
imprisoned or restrained, if
known;
d) A copy of the commitment or
cause of detention of such
person, if it can be procured
without impairing the efficiency
of the remedy; or, if the
imprisonment or restraint is
without any legal authority, such
fact shall appear.
a) Personal circumstances of a) Personal circumstances of
petitioner and of respondent petitioner and respondent;
responsible for the threat, act or
b) The manner the right to privacy
omission;
is violated or threatened and
b) Violated or threatened right to life, how it affects the right to life,
liberty and security of aggrieved liberty or security of aggrieved
party, and how committed with party;
attendance circumstances
c) Actions and recourses taken by
detailed in supporting affidavits;
petitioner to secure the data or
c) Investigation conducted, information;
specifying names, personal
d) Location of files, registers or
circumstances and addresses of
databases, government office,
investigating authority or
and the person in charge, in
individuals, as well as manner and
possession or in control of the
conduct of investigation together
data or information, if known;
with any report;
e) Reliefs prayed for, which may
d) Actions and recourses taken by
include the updating,
petitioner to determine the fate or
rectification, suppression or
whereabouts of aggrieved party
destruction of the database or
and identity of person responsible
information or files kept by
for the threat, act or omission; and
respondent;
e) The relief prayed for.
f) In case of threats, relief may
f) May include general prayer for include a prayer for an order
other just and equitable reliefs. enjoining the act complained of;
and
g) Such other reliefs as are just and
equitable.

a) Whether he has or has not the
party in his custody or power, or
under restraint;
b) If he has the party in his custody
or power, or under restraint, the
authority and the true and whole
cause thereof, set forth at large,
with a copy of the writ, order,
execution, or other process, if
any, upon which the party is
held;
c) If the party is in his custody or
power or is restrained by him,
and is not produced, particularly
the nature and gravity of the
sickness or infirmity of such
party by reason of which he
cannot, without danger, be
brought before the court or
judge;
CONTENTS OF RETURN
Within 72 hours after service of the
writ, respondent shall file a verified
written return together with the
supporting affidavits, which shall
contain:
a) Lawful defenses;
b) Steps or actions taken to
determine whereabouts of
aggrieved party;
c) All relevant information
pertaining to threat, act or
omission against aggrieved
party;
d) If respondent is a public
official or employee, further
state:
1. verify the identity
aggrieved;
a) Lawful defenses such as national
security, state secrets, privileged
communications, confidentiality
of source of information;
b) Disclosure of data/info about
petitioner, nature of data/info,
purpose of collection;
c) Steps or actions taken by
respondent to ensure security
and confidentiality of data or
information;
d) Currency and accuracy of data
or information;
e) Other allegations relevant to
resolution of the proceedings.
of
* A general denial of the allegations
in the petition is not allowed.

11
d) If he has had the party in his 2. recover and preserve
custody or power, or under evidence related to death
restraint, and has transferred or disappearance of
such custody or restraint to person identified in
another, particularly to whom, at petition;
what time, for what cause, and
3. identify witnesses and
by what authority such transfer
their statements;
was made.
4. determine cause,
manner, location and
time of death or
disappearance as well as
pattern or practice;
5. identify and apprehend
person/s involved in the
death/disappearance;
6. bring suspected
offenders before a
competent court.

Signed and shall also be sworn to if
the prisoner is not produced
FILING OF RETURN
Verified written return within 5 work
days from service of writ
➢ cannot be extended except on
highly meritorious grounds
Verified written return within 5 days
from service of writ
➢ may be reasonably extended by
the court for justifiable grounds

EFFECT OF FAILURE TO FILE RETURN

The court, justice or judge shall
proceed to hear the petition ex parte.
The court, justice or judge shall
proceed to hear the petition ex
parte, granting the petitioner such
relief as the petition may warrant
unless the court in its discretion
requires petitioner to submit
evidence.

PROCEDURE FOR HEARING

The hearing on the petition shall be The hearing on the petition shall be
summary. However the court, justice or summary. However the court, justice
judge may call for a preliminary or judge may call for a preliminary
conference to simplify the issues and conference to simplify the issues and
determine the possibility of obtaining determine the possibility of
stipulations and admissions from the obtaining stipulations and
parties. admissions from the parties.
The hearing shall be from day to day
until completed and given the same
priority as petitions for habeas corpus.

PROHIBITED MOTIONS/PLEADINGS
a) Motion to Dismiss a) Motion to Dismiss
b) Motion for extension of time to b) Motion for extension of time to
file return, opposition, affidavit, file return, opposition, affidavit,
position paper and other position paper and other
pleadings; pleadings;
c) Dilatory motion for c) Dilatory motion for
postponement; postponement;

12
 d) Motion for a bill of particulars; d) Motion for a bill of particulars;
e) Counterclaim or cross-claim; e) Counterclaim or cross-claim;
f) Third-party complaint; f) Third-party complaint;
g) Reply; g) Reply;
h) Motion to declare respondent in h) Motion to declare respondent in
default; default;
i) Intervention; i) Intervention;
j) Memorandum; j) Memorandum;
k) Motion for reconsideration of k) Motion for reconsideration of
interlocutory orders or interim interlocutory orders or interim
relief orders; and relief orders; and
l) Petition for certiorari, mandamus l) Petition for certiorari,
or prohibition against any mandamus or prohibition
interlocutory order. against any interlocutory order.

INTERIF RELIEFS
a) Temporary Protection Order –
protected in a government agency
of by an accredited person or
private institution capable of
keeping and securing their safety;
b) Inspection Order – with a lifetime
of 5 days which may be extended,
may be opposed on the ground of
national security or privileged
information, allows entry into and
inspect, measure, survey or
photograph the property;
c) Production Order – to require
respondents to produce and
permit inspection, copying or
photographing of documents,
papers, books, accounts, letters,
photographs, objects or tangible
things that contain evidence.
d) Witness Protection Order – the
court may refer the witnessed to
the DOJ

EFFECT OF FILING A CRIMINAL ACTION

A criminal action first filed excludes the
filing of the writ; relief shall be by
motion in the criminal case. A criminal
case filed subsequently shall be
consolidated with the petition for the
writ of amparo.
A criminal action first filed excludes
the filing of the writ; relief shall be by
motion in the criminal case; A
criminal case filed subsequently shall
be consolidated with the petition for
the writ of habeas data.

When the court or judge has
examined into the cause of caption
and restraint of the prisoner, and is
satisfied that he is unlawfully
imprisoned or restrained, he shall
JUDGMENT
The court shall render judgment within
ten (10) days from the time the
petition is submitted for decision. If
the allegations in the petition are
proven by substantial evidence, the
The court shall render judgment
within 10 days from the time the
petition is submitted for decision. If
the allegations are proven by
substantial evidence, the court shall
13
forthwith order his discharge from
confinement, but such discharge
shall not be effective until a copy of
the order has been served on the
officer or person detaining the
prisoner. If the officer or person
detaining the prisoner does not
desire to appeal, the prisoner shall be
forthwith released.
An appeal in habeas corpus cases
shall be perfected by filing with the
clerk of court or the judge, within 48
hours from notice of judgment, a
notice of appeal.
A writ of habeas corpus does not lie
where petitioner has the remedy of
appeal or certiorari because it will not
be permitted to perform the
functions of a writ of error or appeal
for the purpose of reviewing mere
errors or irregularities in the
proceedings of a court having
jurisdiction over the person and the
subject matter.
court shall grant the privilege of the enjoin the act complained of, or the
writ and such reliefs as may be proper deletion, destruction, or rectification
and appropriate; otherwise, the of the erroneous data or information
privilege shall be denied. and grant other reliefs as may be just
and equitable; otherwise the
privilege shall be denied.
APPEAL
Rule 45 by petition for review on Any party may appeal the decision
certiorari with peculiar features: within 5 working days from the final
judgment or order to the SC by way
1. Appeal may raise questions of
of Petition for Review on Certiorari
fact or law or both;
under Rule 45 on pure questions of
2. Period of appeal shall be 5 law and facts or both, to be given the
working days from the date of same priority as habeas corpus and
notice of the adverse amparo cases.
judgment;
3. Same priority as habeas
corpus cases.
14
 rights and duties where none exists before. Neither
CHANGE OF NAME would it affect a person’s legal capacity, civil status
or citizenship.

RULE 103 ILLEGITIMATE CHILD NOW ALLOWED TO USE

SURNAME OF FATHER
➔ It is proceeding in rem and as such, strict
compliance with jurisdictional requirements, Illegitimate children shall use the surname of their
particularly on publication, is essential in order to mother, unless their father recognizes their filiation, in
vest the court with jurisdiction therefor. For this which case they may bear their father’s surname. It is
purpose, the only name that may be changed is the only when the illegitimate child is legitimated or
true or official name as recorded in the civil register. acknowledged by the father in a public or private
handwritten document that he bears both his mother’s
➔ A name given to a person in the church records, or surname as his middle name and his father’s surname as
elsewhere or by which he is known in the his surname.
community — when it variance with that entered in
the civil register — is an official and cannot be Article 176 of the Family Code, as amended by RA 9255,
recognized as his real name. gives illegitimate children the right to decide if they
want to use the surname of their father or not.
➔ Failure to include the true name of the party whose
name is sought to be changed, in the title of the RA 9048
petition and of the notices published in connection
therewith precludes the court from obtaining
➔ Under the said law jurisdiction over applications for
jurisdiction to entertain the same.
change of first name is now primarily lodged with
administrative officers.
Failure to include the name sought to be adopted
in the title of the petition and consequently in the
➔ The law now excludes the change of first name from
notices published in the newspapers is a substantial
the coverage of Rule 103 “until and unless an
jurisdictional infirmity.
administrative petition for change of name is first
filed and subsequently denied” and removes
Ultimately, the petitioner must include both his true
“correction or changing of clerical errors and entries
name and the name prayed for in his petition,
of the civil register from the ambit of Rule 108.”
otherwise, the court does not acquire jurisdiction
over the petition.
➔ What is left for the scope of operation of the rules
or substantial changes and corrections in entries of
➔ In granting or denying petitions for change of
the civil register. Ultimately, the remedy and the
name, the question of proper and reasonable cause
proceedings regulating change of first name are
is left to the sound discretion of the court.
primarily administrative in nature, not judicial.
➔ Courts are precluded from granting a petition for
change of name when such changes would affect RULE 108
paternity and filiation.
➔ The obvious effect of RA 9048 is merely to make
➔ A person's name cannot be changed on the ground
possible the administrative correction of clerical or
of sex reassignment.
typographical errors or change of first name or
nickname in entries in the civil register, leaving to
➔ Where the person is biologically or naturally
Rule 108 the correction of substantial changes in
intersex, the determining factor in his gender
the civil registry, in appropriate adversarial
classification would be what the individual, having
proceedings.
reached the age of majority, with good reason,
thinks of his or her sex. In this case, the change of
RA 9048 now embodies the summary procedure,
name is allowed.
while Rule 108 is for the appropriate adversary
proceeding.
➔ A mere change of name would not cause in one’s
existing family relations, nor create new family

15
 Rule 103
(Change of name)
Change of full name or family name
(substantial corrections)
➢ Correction of clerical or
typographical errors in any entry
in civil registry documents,
except corrections involving
change in sex, age, nationality,
and status of a person; and
➢ Change of person’s first name or
nickname in his or her civil
registry.
A person desiring to change his
name.
Petition should be filed in the RTC of
the province in which petitioner
resided for 3 years prior to filing.
a) That petitioner has been a bona
fide resident of the province
where the petition is filed for at
RA 9048
(Clerical Error Act)
SUBJECT MATTER
Change of first name or nickname and
correction of civil registry entries
(only typographical or clerical errors)
COVERAGE
➢ correction of clerical or
typographical errors in the civil
registry, including correction of
date of birth and sex; and
➢ change of first name or nickname
in the civil registry
WHO MAY FILE
Any person having direct and
personal interest in the correction of
a clerical or typographical error in an
entry and/or change of first name or
nickname.
WHERE TO FILE
1. Local civil registry office of the
city or municipality where the
record being sought to be
corrected or changed is kept;
2. Local civil registrar of the place
where the interested party is
presently residing or domiciled;
3. Philippine Consulate for citizens
living abroad
CONTENTS OF PETITION
a) Facts necessary to establish the
merits of petition;
b) Particular erroneous entry or
entries, which are sought to be
RULE 108
(Cancellation or correction of
entries in the civil registry)
Cancellation or correction of civil
registry entries (substantial
corrections)
Cancellation or correction of entries
of:
a) births;
b) marriages;
c) deaths;
d) legal separation;
e) judgments or annulments of
marriage;
f) judgments declaring marriages
void from the beginning;
g) legitimations;
h) adoptions;
i) acknowledgments of natural
children;
j) naturalizations;
k) election, loss or recovery of
citizenship;
l) civil interdiction;
m) judicial determination of filiation;
n) voluntary emancipation of a
minor; and
o) changes of name.
Any person interested in any act,
event, order or decree concerning the
civil status of persons which has been
recorded in the civil register.
Verified petition filed in the RTC
where the corresponding Civil
Registry is located.
16
 least three (3) years prior to the
date of such filing;
b) The cause for which the change
of petitioner's name is sought;
c) The name asked for. (Section 2)
a) Name is ridiculous, dishonorable
or extremely difficult to write or
pronounce;
b) Change is a legal consequence
of legitimation or adoption;
c) Change will avoid confusion;
d) One has continuously used and
been known since childhood by
a Filipino name and was unaware
of alien parentage;
e) Change is based on a sincere
desire to adopt a Filipino name
to erase signs of former
alienage, all in good faith and
without prejudice to anybody;
and
f) Surname causes embarrassment
and there is no showing that the
desired change of name was for
a fraudulent purpose, or that the
change of name would prejudice
public interest.
➢ Judicial Proceeding
➢ Hearing is necessary
corrected and/or the change
sought to be made. Petition shall
be supported by the following
documents:
1. A certified true machine
copy of the certificate or
of the page of the
registry book containing
the entry or entries
sought to be corrected
or changed;
2. At least two (2) public or
private documents
showing the correct
entry or entries upon
which the correction or
change shall be based;
and
3. Other documents
GROUNDS
a) Petitioner finds the first name or Upon good and valid grounds
nickname to be ridiculous,
tainted with dishonor or
extremely difficult to write or
pronounce;
b) The new first name or nickname
has been habitually and
continuous used by petitioner
and he has been publicly known
by that first name or nickname in
the community;
c) Change will avoid confusion.
NATURE OF PROCEEDING
➢ Administrative Proceeding ➢ Judicial Proceeding
➢ No hearing required. ➢ Hearing is necessary.
➢ Adversarial in nature because
involves substantial changes and
affects the status of an individual
NOTICE AND PUBLICATION
17
Notice of hearing to be published
once a week for three consecutive
weeks in a newspaper of general
circulation in the province
WHO PARTICIPATES ON THE PART OF THE GOVERNMENT
The Solicitor General or the proper
provincial or city fiscal shall appear
on behalf of the Government of the
Republic.
Court of Appeals under Rule 41
Petition shall be published at least
once a week for two consecutive
weeks in a newspaper of general
circulation. (Publish the whole
affidavit)
Also, to be posted in a conspicuous
place for ten consecutive days.
The Civil Registrar or Consul
WHERE TO FILE AN APPEAL
Civil Registrar General under Sec. 7 or
Court of Appeals under Rule 43
Notice of hearing shall also be
published once a week for three
consecutive weeks in a newspaper of
general circulation in the province,
and court shall cause reasonable
notice to persons named in the
petition
Civil Registrar is an indispensable
party. If not made a party,
proceedings are null and void.
Reason: he is interested party in
protecting the integrity of public
documents. Solicitor General must
also be notified by service of a copy
of the petition.
Court of Appeals under Rule 41
18

ABSENTEES
Rule 107
PURPOSE OF THE RULE
The purpose of the Rule is to allow the court to appoint
an administrator or representative to take care of the
property of the person who is sought to be judicially
declared absent. It also aims to have the court appoint
the present spouse as administrator or administratrix of
the absent spouse‘s properties, or for the separation of
properties of the spouses.
A petition under Rule 107 may only be initiated when
the absentee had left properties that need to be
administered by a representative.
PROVISIONAL REPRESENTATIVE
When a person disappears from his domicile, his
whereabouts being unknown, and without having left
an agent to administer property or the power conferred
on the agent has expired — an interested party,
relative, or friend may file a petition in the RTC of the
place where the absentee resided before disappearance
to appoint a person to represent him provisionally in all
that may be necessary.
DECLARATION OF ABSENCE; WHO MAY PETITION
After the lapse of two (2) years from his disappearance
and without any news about the absentee or since the
receipt of the last news, or of five (5) years in case the
absentee has left a person in charge of the
administration of his property, the declaration of his
absence and appointment of a trustee or administrator
may be applied for.
The following may file an application for the declaration
of absence of a person:
a) Spouse present;
b) Heirs instituted in a will, who may present an
authentic copy of the same;
c) Relatives who would succeed by the law of
intestacy; and
d) Those who have over the property of the
absentee some right subordinated to the
condition of his death.
WHO MAY BE APPOINTED
In the appointment of a representative, the spouse
present shall be preferred when there is no legal
separation.
If the absentee left no spouse, or if the spouse present
is a minor or otherwise incompetent, any competent
person may be appointed by the court.
In case of declaration of absence, the trustee or
administrator of the absentee's property shall be
appointed in accordance with the preceding paragraph.
DECLARATION OF PRESUMPTIVE DEATH
No independent action for declaration of presumption
of death – presumption may arise and be invoked in an
action or special proceeding.
EXCEPTION – petition for declaration of
presumptive death for purpose of remarriage:
➔ Under Art. 41 of Family Code, for purpose of
present spouse contracting a second marriage, he
must file summary proceeding for declaration of
presumptive death of the absentee, without
prejudice to the latter’s reappearance.
Period of absence of spouse before subsequent
marriage
o 4 consecutive years – well founded belief that
absent spouse already dead.
o 2 years – danger of death under circumstances
set forth in Art. 391 of the Civil Code.
➔ Before a judicial declaration of presumptive death
can be obtained, it must be shown that the absent
spouse had been absent for four (4) consecutive
years and the present spouse had a well founded
belief that the absent spouse was already dead.
The well founded belief in the absentee’s death
requires the present spouse to prove that his/her
belief was the result of diligent and reasonable
efforts to locate the absent spouse and that based
on these efforts and inquiries he/she believes that
under the circumstances, the absent spouse is
already dead. The mere absence of the spouse for
such periods under the law, lack of any news that
such absentee spouse is still alive, failure to
communicate, or general presumption of absence
under the Civil Code would not suffice.
19
 JUDICIAL REVIEW OF DECLARATION OF d) Settles the account of an
ABSENCE
e)
➔ A petition for certiorari under Rule 65 is the
proper remedy to challenge the decision of a
lower court declaring a person presumptively
dead. Since the said decision pursuant to
Article 41 of the Family Code is immediately
final and executory, the Court of Appeals has
no jurisdiction to entertain a notice of appeal
f)
pertaining to such judgment. Instead the losing
party may file a petition for certiorari with the
Court of Appeals on the ground that the trial
court committed grave abuse of discretion
amounting to lack of jurisdiction.
executor,
administrator, trustee or guardian;
Constitutes, in proceedings relating to the
settlement of the estate of a deceased person,
or the administration of a trustee or guardian,
a final determination in the lower court of the
rights of the party appealing, except that no
appeal shall be allowed from the appointment
of a special administrator; and
Is the final order or judgment rendered in the
case, and affects the substantial rights of the
person appealing, unless it be an order
granting or denying a motion for a new trial or
for reconsideration.

➔ The proper remedy for a judicial declaration of
presumptive death obtained by extrinsic fraud
is an action to annul the judgment, not the
filing of an affidavit of reappearance.
Annulment of judgment is the remedy when
the judgment, order, or resolution has become
final, and the remedies of new trial, appeal and
petition for relief and other appropriate
remedies are no longer available through no
fault of the petitioner. The filing of an
affidavit of reappearance is not the proper
remedy when the person declared
presumptively dead has never been absent.
Such affidavit would not suffice to nullify the
effects of the declaration of presumptive death
and the subsequent marriage.
WHEN TO APPEAL; SUMMARY OF PERIODS TO
APPEAL
A. Special Proceedings
→ In appeals by notice of appeal, 15 days
from notice of the order or judgment
appealed from.
→ Where record on appeal is required,
appellant shall file a notice of appeal
and a record on appeal within 30 days
from notice of the order or judgment
appealed.
B. Writ of Habeas Corpus

→ 48 hours from service of judgment

C. Writ of Amparo
APPEALS IN SPECIAL PROCEEDING
→ 5 working days from notice of
Rule 109
judgment

JUDGMENTS AND ORDERS FOR WHICH APPEAL D. Writ of Habeas Data

MAY BE TAKEN
An interested person may appeal in special proceedings
from an order or judgment rendered by a Court of First
Instance or a Juvenile and Domestic Relations Court,
where such order or judgment:
a) Allows or disallows a will;
b) Determines who are the lawful heirs of a
deceased person, or the distributive share of
the estate to which such person is entitled;
c) Allows or disallows, in whole or in part, any
claim against the estate of a deceased person,
or any claim presented on behalf of the estate
in offset to a claim against it;
→ 5 working days from notice of
judgment
E. Writ of Kalikasan
→ 15 days from notice of judgment or
denial of motion for reconsideration.
MODES OF APPEAL
Rules 40, 41, 42 and 45 apply in conformity with Rule 72,
Sec. 2 (applicability of rules of civil actions). If it is an
ordinary appeal under Rules 40 or 41, and the special
proceedings are subject to multiple appeals, like
settlement of estates, the appeal period is 30 days, a
notice of appeal and record on appeal being required.

20
Rationale for multiple appeals  Rule 90, Sec. 1 - Distribution before
payment of obligations is allowed
Multiple appeals are permitted in special proceedings provided distributees give BOND
as a practical recognition of the possibility that material conditioned for payment thereof
issues maybe finally determined at various stages of the within such time as court directs.
special proceedings.

The rationale behind allowing more than one appeal in

the same case is to enable the rest of the case to
proceed in the event that a separate and distinct issue LEGAL SEPARATION,
is resolved by the court and held to be final. In this
multi-appeal mode, the probate court loses jurisdiction
ANNULMENT, AND DECLARATION
only over the subject matter of the appeal but retains OF NULLITY OF MARRIAGE
jurisdiction over the special proceeding from which the
appeal was taken for purposes of further remedies the
parties may avail of. LEGAL SEPARATION

Where multi-appeals are allowed, a separate petition for

certiorari may be allowed on an interlocutory aspect of WHO MAY AND WHEN TO FILE
the case that is separate and distinct as an issue from
the aspect of the case that has been adjudged with A petition for legal separation may be filed only by the
finality by the lower court. husband or the wife, as the case may be within five years
from the time of the occurrence of any of the grounds.
When record on appeal required
GROUNDS
Record of appeal is required only in cases where
multiple appeals may arise.
1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a
Record an appeal is not required in all special
common child, or a child of the petitioner;
proceedings, but only in settlement of estate.
2) Physical violence or moral pressure to compel
In other special proceedings, such as adoption the petitioner to change religious or political
guardianship, habeas corpus, change of name and affiliation;
correction of entry, a record of appeal is not necessary
3) Attempt of respondent to corrupt or induce the
because there are no multiple or separate appeals
petitioner, a common child, or a child of the
therein. In those cases, there is only one stage. Once the
petitioner, to engage in prostitution, or
court decides the case, there is nothing left for the court
connivance in such corruption or inducement;
to do.
4) Final judgment sentencing the respondent to
Republic vs Nishina – Rule 109 contemplates multiple imprisonment of more than six years, even if
appeals during the pendency of special proceedings. A pardoned;
record on appeal – in addition to the notice of appeal –
5) Drug addiction or habitual alcoholism of the
is thus required to be filed as the original records of the
respondent;
case should remain with the trial court to enable the rest
of the case to proceed in the event that a separate and 6) Lesbianism or homosexuality of the
distinct issue is resolved by said court and held to be respondent;
final.
7) Contracting by the respondent of a subsequent
bigamous marriage, whether in or outside the
RULE ON ADVANCE DISTRIBUTION Philippines;
8) Sexual infidelity or perversion of the
Notwithstanding a pending controversy or appeal in
respondent;
proceedings to settle the estate of a decedent, the court
may, in its discretion and upon such terms as it may 9) Attempt on the life of petitioner by the
deem proper and just, permit that such part of the respondent; or
estate as may be affected by the controversy or appeal
10) Abandonment of petitioner by respondent
be distributed among the heirs or legatees, upon
without justifiable cause for more than one
compliance with the conditions set forth in Rule 90.
year.

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 COOLING-OFF PERIOD
A unique feature of petitions for legal separations is the
“cooling off period,” where the case can only proceed to
trial six months after the petition is filed. No legal
separation will be granted unless the court has taken
steps toward the reconciliation of the spouses and is
fully satisfied, despite such efforts, that reconciliation is
highly improbable.
APPOINTMENT OF ADMINISTRATOR OF
CONJUGAL PROPERTIES AFTER FILING OF
PETITION
The court, in the absence of a written agreement
between the spouses, shall designate either of them or
a third person to administer the absolute community or
conjugal partnership property. The administrator
appointed by the court shall have the same powers and
duties as those of a guardian.
Implied appointment is recognized in Sabalones vs CA.
ADDITIONAL NOTES
➔ No legal separation shall be based upon a
stipulation of facts or a confession of judgment.
The petitioner must present his/her evidence
on the grounds for legal separation.
➔ If the petition is granted, the same entitles the
spouses to live separately. Their property
regime, whether absolute community or the
conjugal partnership, shall be dissolved and
liquidated, where the offending spouse will
have no right to any share of the net profits.
The offending spouse will also be disqualified
from inheriting from the innocent spouse.
➔ As the legal separation of spouses will affect
their children, custody is included in the
judgment. The custody of the minor children
shall be awarded to the innocent spouse, but
the court will also take into account all relevant
considerations, especially the choice of the
child over seven years of age, unless the parent
chosen is unfit.
➔ In case the spouses reconcile and reconsider
their legal separation, the petition shall be
dismissed upon their joint manifestation. Any
decree of legal separation already issued may
be set aside, but the separation of property and
forfeiture against the guilty spouse remain
unless the spouses agree to revive their former
property regime.
STATUS OF CHILDREN BORN/CONCEIVED BEFORE
LEGAL SEPARATION
The children are still legitimate despite the grant of the
petition.
PETITION FOR DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES
WHO MAY FILE
A petition for declaration of absolute nullity of void
marriage may be filed solely by the husband or the wife.
IMPRESCRIPTIBILITY OF ACTION OR DEFENSE:
An action or defense for the declaration of absolute
nullity of void marriage shall not prescribe.
WHAT TO ALLEGE:
A petition under Article 36 of Family Code shall specially
allege the complete facts showing the either or both
parties were psychologically incapacitated from
complying with the essential marital obligations of
marriages at the time of the celebration of marriage
even if such incapacity becomes manifest only after its
celebration.
The complete facts should allege the physical
manifestations, if any, as are indicative of psychological
incapacity at the time of the celebration of the marriage
but expert opinion need not be alleged.
GROUNDS
The declaration of nullity of marriage applies to
marriages that are null and void from the beginning
(void ab initio) due to the following causes:
1) Absence of an essential requisite of marriage —
i.e., consent and legal capacity of parties (Art.
35)
2) Psychological Incapacity (Art. 36)
3) Incestuous Marriages (Art. 37)
4) Marriages against public policy (Art. 38)
5) Bigamous Marriages (Art. 41)
PSYCHOLOGICAL INCAPACITY (ART. 36)
Psychological Incapacity contemplates the incapacity to
perform the basic marital obligations. The said
incapacity must be grave enough to be the cause of the
party’s inability to assume the essential obligations of
marriage. This inability should not be a mere refusal,
22
neglect, or difficulty to perform such obligations. The
root cause of the incapacity must be medically proven
and must be shown to be medically or clinically
incurable, such root cause must be identified as
psychological illness. Each case of Psychological
Incapacity is to be treated differently.
STATUS OF CHILDREN BORN/CONCEIVED BEFORE
DECLARATION OF NULLITY
The children are deemed illegitimate, except when the
ground for the declaration of nullity is psychological
incapacity or a void subsequent marriage under Article
53 of the FC.
FUJIKI VS MARINAY
(Nullity of marriage vis-à-vis Rule 108)
Since the recognition of a foreign judgment only
requires proof of fact of the judgment, it may be made
in a special proceeding for cancellation or correction of
entries in the civil registry under Rule 108 of the Rules
of Court. Rule 1, Section 3 of the Rules of Court provides
that "[a] special proceeding is a remedy by which a party
seeks to establish a status, a right, or a particular fact."
Rule 108 creates a remedy to rectify facts of a person’s
life which are recorded by the State pursuant to the Civil
Register Law or Act No. 3753. These are facts of public
consequence such as birth, death or marriage,66 which
the State has an interest in recording. As noted by the
Solicitor General, in Corpuz v. Sto. Tomas this Court
declared that "[t]he recognition of the foreign divorce
decree may be made in a Rule 108 proceeding itself, as
the object of special proceedings (such as that in Rule
108 of the Rules of Court) is precisely to establish the
status or right of a party or a particular fact."
In Braza v. The City Civil Registrar of Himamaylan City,
Negros Occidental, this Court held that 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. Thus, the "validity of
marriage can be questioned only in a direct action" to
nullify the marriage.
A petition for correction or cancellation of an entry in
the civil registry cannot substitute for an action to
invalidate a marriage. A direct action is necessary to
prevent circumvention of the substantive and
procedural safeguards of marriage under the Family
Code, A.M. No. 02-11-10-SC and other related laws.
Simply, a Filipino citizen cannot dissolve his marriage by
the mere expedient of changing his entry of marriage in
the civil registry.
However, this does not apply in a petition for correction
or cancellation of a civil registry entry based on the
recognition of a foreign judgment annulling a marriage
where one of the parties is a citizen of the foreign
country. There is neither circumvention of the
substantive and procedural safeguards of marriage
under Philippine law, nor of the jurisdiction of Family
Courts. A recognition of a foreign judgment is not an
action to nullify a marriage. It is an action for Philippine
courts to recognize the effectivity of a foreign judgment,
which presupposes a case which was already tried and
decided under foreign law. The procedure in A.M. No.
02-11-10-SC does not apply in a petition to recognize a
foreign judgment annulling a bigamous marriage where
one of the parties is a citizen of the foreign country.
PETITION FOR ANNULMENT OF VOIDABLE
MARRIAGES
WHO MAY FILE
The following persons may file a petition for annulment
of voidable marriage based on any of the grounds under
article 45 of the Family Code and within the period
herein indicated:
1) The contracting party whose parent, or
guardian, or person exercising substitute
parental authority did not give his or her
consent, within five years after attaining the
age of twenty-one unless, after attaining the
age of twenty-one, such party freely
cohabitated with the other as husband or wife;
or the parent, guardian or person having legal
charge of the contracting party, at any time
before such party has reached the age of
twenty-one;
2) The sane spouse who had no knowledge of the
other's insanity; or by any relative, guardian, or
person having legal charge of the insane, at any
time before the death of either party; or by the
insane spouse during the lucid interval or after
regaining sanity, provided that the petitioner,
after coming to reason, has not freely
cohabited with the other as husband or wife;
3) The injured party whose consent was obtained
by fraud, within five years after the discovery of
the fraud, provided that said party, with full
knowledge of the facts constituting the fraud,
has not freely cohabited with the other as
husband or wife;
4) The injured party whose consent was obtained
by force, intimidation, or undue influence,
within five years from the time the force
intimidation, or undue influence disappeared
or ceased, provided that the force, intimidation,
or undue influence having disappeared or
23
 ceased, said party has not thereafter freely
cohabited with the other as husband or wife;
5) The injured party where the other spouse is
physically incapable of consummating the
marriage with the other and such incapability
continues and appears to be incurable, within
five years after the celebration of marriage; and
6) The injured party where the other party was
afflicted with a sexually transmissible disease
found to be serious and appears to be
incurable, within five years after the celebration
of marriage.
GROUNDS
Art. 45 of the Family Code provides that a marriage may
be annulled for any of the following causes, existing at
the time of the marriage:
1) That the party in whose behalf it is sought to
have the marriage annulled was eighteen years
of age or over but below twenty-one, and the
marriage was solemnized without the consent
of the parents, guardian or person having
substitute parental authority over the party, in
that order, unless after attaining the age of
twenty-one, such party freely cohabited with
the other and both lived together as husband
and wife;
2) That either party was of unsound mind, unless
such party after coming to reason, freely
cohabited with the other as husband and wife;
3) That the consent of either party was obtained
by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and
wife;
4) That the consent of either party was obtained
by force, intimidation or undue influence,
unless the same having disappeared or ceased,
such party thereafter freely cohabited with the
other as husband and wife;
5) That either party was physically incapable of
consummating the marriage with the other,
and such incapacity continues and appears to
be incurable;
6) That either party was afflicted with a sexually-
transmissible disease found to be serious and
appears to be incurable.
STATUS OF CHILDREN BORN/CONCEIVED BEFORE
ANNULMENT
The children are still legitimate despite the grant of the
petition.
COMMON RULES IN LEGAL SEPARATION,
ANNULMENT, AND DECLARATION OF
NULLITY OF MARRIAGE
➔ No motion to dismiss the petition shall be
allowed except on the ground of lack of
jurisdiction over the subject matter or over the
parties; provided, however, that any other
ground that might warrant a dismissal of the
case may be raised as an affirmative defense in
an answer.
➔ If the respondent fails to file an answer, the
court shall not declare him in default.
CONTENTS AND FORM OF THE PETITION
The petition shall:
1) Allege the complete facts constituting the
cause of action.
2) State the names and ages of the common
children of the parties, specify the regime
governing their property relations, the
properties involved, and creditors, if any. If
there is no adequate provision in a written
agreement between the parties, the petitioner
may apply for a provisional order for spousal
support, custody and support of common
children, visitation rights, administration of
community or conjugal property, and other
similar matters requiring urgent action,
3) Be verified and accompanied by a certification
against forum shopping. The verification and
certification must be personally signed by the
petitioner. No petition may be filed solely by
counsel or through an attorney-in-fact. If the
petitioner is in a foreign country, the
verification and certification against forum
shopping shall be authenticated by the duly
authorized officer of the Philippine embassy or
legation, consul general, consul or vice-consul
or consular agent in said country.
4) Be filed in six copies. The petitioner shall, within
five days from such filing, furnish a copy of the
petition to the City or Provincial Prosecutor and
the creditors, if any, and submit to the court
proof of such service within the same period.
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Failure to comply with the preceding requirements REGISTRATION AND PUBLICATION OF THE
may be a ground for immediate dismissal of the DECREE; DECREE AS BEST EVIDENCE
petition.
The prevailing party shall cause the registration of the
VENUE; WHERE TO FILE Decree in the Civil Registry where the marriage was
registered, the Civil Registry of the place where the court
The petition shall be filed in the Family Court of the is situated, and in the Philippine Statistics Authority
province or city where the petitioner or the respondent (PSA). He shall report to the court compliance with this
has been residing for at least six months prior to the requirement within thirty days from receipt of the copy
date of filing, or in the case of a non-resident of the Decree.
respondent, where he may be found in the Philippines,
at the election of the petitioner. The registered Decree shall be the best evidence to
prove the legal separation, declaration of absolute
COLLUSION nullity, or annulment of marriage and shall serve as
notice to third persons concerning the properties of
petitioner and respondent.
Collusion means the agreement between husband and
wife for one of them to commit, or to appear to commit,
or to be represented in court as having committed, a
matrimonial offense, or to suppress evidence of a valid
defense, which may be express or implied from the acts
of the parties. There would be collusion if the parties
had arranged to make it appear that a matrimonial
offense had been committed although it was not, or if
the parties had connived to bring about a legal
separation or annulment, even in the absence of
grounds therefor.

In any case, the court shall order the prosecuting

attorney assigned to the case to take steps to prevent
collusion between the parties and to take care that the
evidence is not fabricated or suppressed.

ISSUANCE OF DECREE

The court shall issue the Decree after:

1. Registration of the entry of judgment granting

the petition for legal separation, declaration of
nullity, or annulment of marriage in the Civil
Registry where the marriage was celebrated
and in the Civil Registry of the place where the
Family Court is located;

2. Registration of the approved partition and

distribution of the properties of the spouses, in
the proper Register of Deeds where the real
properties are located; and

3. The delivery of the children's presumptive

legitimes in cash, property, or sound securities
in case of declaration of nullity or annulment of
marriage.

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