COMPARATIVE TABLE ON JURISDICTION AND VENUE IN SPECIAL PROCEEDINGS

KIND OF SPECIAL PROCEEDINGS JURISDICTION AND VENUE

1. Settle of Estate (Rule 73)
1. RTC or MTC (depending on the gross value of
the estate) of the province where the deceased
last resided.
2. In case the decedent is non-resident of the
Philippines at the time of his death, venue lies in
any province in which he had an estate

2. Escheat (Rule 91) 1. RTC of province where the deceased last

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

3. Guardianship 1. Family Court of province or city where the minor

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

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

4. The Rules of Adoption (A.M. No. 02-6-02-SC)
a. If filed under the Domestic Adoption Act
(R.A. No. 8552)
1. Family Court of province or city where
prospective adoptive parents reside.
2. If the petition is for Rescission of Adoption of the
Adoptee - Family Court of the city or province
where the adoptee resides. (Sec. 19)

b. If filed under the Inter-Country Adoption Act 1. Family Court having jurisdiction over the place
(R.A. No. 8043) where the child resides or may be found (filed by
a foreign national or Filipino citizen permanently
residing abroad).
2. It may be filed directly with the Inter-Country
Adoption Board.

5. Habeas Corpus 1. If filed with RTC, where the person is detained.

a. Habeas Corpus for illegal confinement or SC, CA, and RTC have concurrent jurisdiction.
detention (Rule 102) *The writ of habeas corpus issued by the RTC shall
be enforceable only within its judicial region (Sec.
21, B.P. Blg. 129).

b. Habeas Corpus for custody of minors (A.M.
No. 03-04-04 SC)
1. Family courts have exclusive jurisdiction (Family
Courts Act of 1997 [R.A. No. 8309]).
2. Under the Rule on Custody of Minors and Writ of
Habeas Corpus in relation to Custody of Minors
(A.M. No. 03-04-04-SC), the petition may be
filed with SC, CA or any of its members, and, if
so granted, the writ shall be enforceable
anywhere in the Philippines.
 6. Amparo (A.M. No. 07-9-12-SC) SC, CA and Sandiganbayan, RTC
If with the RTC:
The place where the threat, act or omission was
committed or any of its elements occured. (Sec. 3)

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

8. Change of Name (Rule 103) RTC of the province where the petitioner resides.
(Sec. 1)

9. Absentees (Rule 107) RTC of place where absentee resided before his
disappearance. (Sec. 1)

DISTINGUISH EXTRAJUDICIAL SETTLEMENT UNDER SECTION 1 FROM SUMMARY

SETTLEMENT OF ESTATES OF SMALL VALUE UNDER SECTION 2 OF RULE 74.

The distinctions are as follows:

EXTRAJUDICIAL SETTLEMENT SUMMARY SETTLEMENT

1. Does not require court intervention Requires summary court adjudication.

2. The value of the estate is immaterial. Applicable where the gross value of the estate is
P10,000.00. The amount is jurisdictional.

3. Allowed only in intestate succession. Allowed in both testate and intestate estates.

4. Proper when there are no outstanding debts of Available even if there are debts.
the estate at the time of the settlement.

5. Instituted by agreement of all heirs. Instituted by any interested party and even by a
creditor of the estate, without the consent of all the
heirs.

B. DISTINCTIONS BETWEEN R.A. NO. 8552 AND R.A. NO. 8043

Adoption Laws Republic Act No. 8552 Republic Act No. 8043

Short Title Domestic Adoption Act of 1998 Inter-Country Adoption Act of

1995

Kind Judicial Adoption Extrajudicial Adoption

Promulgation February 25, 1998 June 7, 1995

Coverage R.A. No. 8552 amended Articles R.A. No. 8043, on the other hand,
183 up to 193 of the Family Code governs the adoption of Filipinos
of the Philippines and is the by foreigners, and is implemented
governing law for Filipino citizens by the Inter-Country Adoption
adoption other Filipinos (whether Board.
relatives or strangers) with some
exceptions. Rescission of
adoption is no longer allowed
under R.A. No. 8552.

Definition of Child “Child” is a person below eighteen Child means a person below
(18) years of age. fifteen (15) years of age unless
sooner emancipated by law.

Who may adopt? The following may adopt: An alien or a Filipino citizen
(a) Any Filipino citizen; permanently residing abroad may
(b) Any alien possessing the file an application for inter-country
same qualifications as above adoption of a Filipino child.
stated for Filipino nationals;
(c) The guardian with respect to
the ward.
Qualifications Filipino Citizen
(a) Legal age, in possession of
full civil capacity and legal
rights
(b) Of good moral character, has
not been convicted of any
crime involving moral
turpitude;
(c) Emotionally and
psychologically capable of
caring for children; and
(d) At least sixteen (16) years
older than the adoptee
(waived when the adopter is
the adoptee, or is the spouse
of the adoptee’s parent).
Alien
(a) Same as the qualifications of (d) Has not been convicted of a
Filipino citizen;
(b) His/her country has diplomatic
relations with the Republic of (e) Is eligible to adopt under
the Philippines;
(c) That he/she has been living in (f) Is in a position to provide the
the Philippines for at least
three (3) continuous years
prior to the filing of the
application for adoption and
maintains such residence until
the adoption decree is
entered;
(d) He/she 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;
and
(e) His/her government allows the
adoptee to enter his/her
country as his/her adopted
son/daughter.
(a) Is at least twenty-seven (27)
years of age and at least
sixteen (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;
(b) If married, his/her spouse
must jointly file for the
adoption;
(c) Has the capacity to act and
assume all rights and
responsibilities of parental
authority under his national
laws, and has undergone the
appropriate counseling from
an accredited counselor in
his/her country;
crime involving moral
turpitude;
his/her national law;
proper care and support and
to give the necessary moral
values and example to all his
children, including the child to
be adopted;
(g) Agrees to uphold the basic
rights of the child as embodied
under Philippine laws, the
U.N. Convention on the Rights
of the Child, and to abide by
the rules and regulations
issued to implement the
provisions of this Act;
(h) 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
(i) Possesses all the
qualifications and non of the
disqualifications provided
herein and in other applicable
Philippine laws. (Sec. 9)
Residency and certification of the
alien’s qualification to adopt in
his/her country may be waived for
the following:
(i) A former Filipino citizen who
seeks to adopt a relative
within the fourth (4th) degree
of consanguinity or affinity;
(ii) One who seeks to adopt the
legitimate son/daughter of
his/her Filipino spouse;
(iii) If one spouse seeks to adopt
his/her own illegitimate
son/daughter: Provided,
however, That the other
spouse has signified his/her
consent thereto; and
(iv) If the spouses are legally
separated from each other.

In case husband and wife jointly

adopt, or one spouse adopts the
illegitimate son/daughter of the
other, joint parental authority shall
be exercised by the spouses.

Guardian

Only after the termination of the

guardianship and clearance of
his/her financial accountabilities
(Sec. 7)
Who may be adopted?
Where to File the Application?
What may be included in the
petition?
Is there a need to include
income tax returns, police
clearance, character reference,
family picture, birth certificate
of adopter?
What law will apply when a
foreigner who is married to a
Filipino citizen seeks to adopt
jointly with his/her spouse a
relative within the fourth degree
of consanguinity or affinity of
the Filipino spouse?
The following may be adopted: Only a legally free child may be
(a) Any person below eighteen the subject of inter-country
(18) years of age who has adoption. (Sec. 8)
been administratively or
judicially declared available for
adoption;
(b) The legitimate son/daughter of
one spouse by 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 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). (Sec. 8)
Family Court of the place where RTC having jurisdiction over the
the adopter resides child, or with the Inter-Country
Adoption Board, through an
intermediate agency, whether
governmental or an authorized
and accredited agency, in the
country of the prospective
adoptive parents. (Sec. 10)
May include prayer for change of Only petition for adoption.
name, rectification of simulated
birth or declaration that the child is
a foundling, abandoned,
dependent or neglected child
Not required Required to be annexed to the
petition
R.A. No. 8552 will apply. R.A. No. 8043 does not apply.
Supervised Trial Custody Supervised trial custody period in
the Philippines for at least six (6)
months (court may reduce period
or exempt parties from trial
custody). (Sec. 12)
Supervised trial custody period in
the Philippines for at least six (6)
months. (Sec. 14)

Penalty for any government Shall automatically suffer Same. (Sec. 17)
official, employee or suspension until the resolution of
functionary who shall be found the case.
guilty of violating any of the
provisions of this adoption
laws

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

WRIT OF HABEAS CORPUS AMPARO HABEAS DATA

LEGAL BASIS The Rule was drafted Same Same

pursuant to the Supreme
Court’s constitutional
power to promulgate
ruled for the protection
and enforcement of
constitutional rights.
(Constitution, Art. VIII,
Sec. 5[5])

GOVERNING LAW Rule 102 A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC

DEFINITION “Habeas Corpus” is a It is a remedy available It is a remedy available

Latin phrase which to any person whose to any person whose
literally means “you have right to life, liberty, and right to privacy in life,
the body.” Basically, it security has been liberty, and security is
isa writ directed to the violated or is threatened violated or threatened by
person detaining with violation by an an unlawful act or
another, commanding unlawful act or omission omission of a public
him to produce the body of a public official or official or employee, or of
of the prisoner at a employee, or of a private a private individual or
designated time and individual or entity. The entity engaged in the
place, with the day and writ covers extralegal gathering, collecting or
cause of his capture and killings and enforced storing of data or
detention, to do, submit disappearances or information regarding the
to, and receive threats thereof. person, family, home,
whatsoever the court or and correspondence of
judge awarding the writ the aggrieved party.
shall consider in that
behalf.
REMEDY FOR Section 1
To all cases of illegal
confinement or
detention:
1. By which any person
is deprived of his
liberty; or
2. By which the rightful
custody of any
person is withheld
from the person
entitled thereto.
Section 1
To any person whose
right to life, liberty, and
security is violated or
threatened with violation
by an unlawful act or
omission of a public
official or employee, or of
a private individual or
entity.
Section 1
To any person whose
right to privacy in life,
liberty and security is
violated or threatened
with violation by an
unlawful act or omission
of a public official or
employee, or of a private
individual or entity
engaged in:
1. Gathering
2. Collecting
3. Storing of data or
information regarding
the person family,
home, and
correspondence of
the aggrieved party.

EFFECTIVITY The Rule took effect on 1 The Rule took effect on The Rule took effect on 2
July 1997. 24 October 2007. February 2008.

PETITIONER Section 3 Section 2 Section 2

By the party for whose
relief it is intended, or by
some other person in his
behalf.
By the aggrieved party,
or by any qualified
person or entity in the
order provided in Section
2.
General rule:
The aggrieved party
Except:
In cases of extralegal
killings and enforced
disappearances:
1. Immediate family;
2. In default of No. 1,
ascendant,
descendant or
collateral relative
within the 4th civil
degree of
consanguinity or
affinity.

VENUE Section 2 Section 3 1. Where the petitioner

Where the plaintiff SC, CA, and SB: resides;
resides or where the Manila; 2. Where the
defendant resides, or in RTC of the place where respondent resides;
the case of non-resident the threat, act or 3. Which has
defendant, where he omission was committed jurisdiction over the
may be found, at the or any of its elements place where data or
election of the plaintiff occured. information is
gathered, etc.
All at the option of the
petitioner.

EXTENT OF SC, CA, and SB: Anywhere in the Anywhere in the

ENFORCEABILITY anywhere in the Philippines Philippines
Philippines
RTC: only within its
judicial district

WHEN TO FILE Section 2 Section 3

On any day and at any On any day and at any
time time
DOCKET FEES AND
OTHER LAWFUL FEES
REQUISITES OF Section 3
PETITION Signed and verified
ISSUANCE OF THE Section 5 Section 6
WRIT When it appears, it ought When in its face ought to
to be issued immediately issue immediately
SUMMARY HEARING Section 12
Hearing on return
MANNER OF SERVICE Section 7
Service of the writ shall
be made by leaving the
original with the person
whom it is directed and
preserving a copy on
which to make return of
service. If that person
cannot be found, or was
not the prisoner in
custody then the service
shall be made on any
person having or
exercising such custody.
CONTENTS OF Section 10
RETURN Signed and shall also be
sworn to if the prisoner is
not produced.
Section 4 Section 5
Exempt Exemption only applies
to an indigent petitioner.
Section 5 Section 6
Signed and verified Verified written petition
Section 7
When in its face ought to
issue immediately
However, there should
be service within three
days.
Section 6 Section 7
Not later than 7 days Not later than 10 days
from the date of its from the date of its
issuance issuance.
Section 8 Section 9
If the writ cannot be If the writ cannot be
served personally on the served personally on the
respondent, the rules on respondent, the rules on
substituted service shall substituted service shall
apply. apply.
Section 9 Section 9
Verified written return - Verified written return -
period to file cannot be may be reasonably
extended except on extended by the court for
highly meritorious justifiable grounds;
ground;
PENALTIES Section 16 Section 7 Section 8 and 11
Clerk of a court who 1. Clerk of court who Same with Writ of
refuses to issue the writ; refuses to issue the Amparo
Person to whom writ is writ;
directed, who neglects or 2. Deputized person
refuses to obey or make who refuses to serve
return of the same the same;
according to the Penalty = contempt
command thereof, or without prejudice to other
makes false return disciplinary actions.
thereof, refuses to
deliver to the person Section 16
demanding, within six (6) 1. Respondent who
hours after the demand refuses to make a
of a true copy of the return, or makes a
warrant or order of false return;
commitment. 2. Any person who
Penalties: disobeys or resists a
a. forfeit to the party lawful process or
aggrieved the sum of order of the court.
one thousand pesos, Penalties:
to be recovered in a a. Contempt;
proper action; b. Imprisonment;
b. contempt. c. Fine.

WHEN DEFENSES MAY none none Section 12

BE HEARD IN May be heard in
CHAMBERS chambers

PROHIBITED Section 11 Section 13

PLEADINGS AND a. Motion to dismiss; a. Motion to dismiss;
MOTIONS b. Motion for extension b. Motion for extension
of time to file return, of time to file
opposition, affidavits, opposition, affidavit,
position paper and position paper and
other pleadings; other pleadings;
c. Dilatory motion for c. Dilatory motion for
postponement; postponement;
d. Motion for a bill of d. Motion for a bill of
particulars; particulars;
e. Counterclaim or e. Counterclaim or
cross-claim; cross-claim;
f. Third-party f. Third-party
complaint; complaint;
g. Reply; g. Reply;
h. Motion to declare h. Motion to declare
respondent in respondent in
default; default;
i. Intervention; i. Intervention;
j. Memorandum; j. Memorandum;
k. Motion for k. Motion for
reconsideration of reconsideration of
interlocutory orders interlocutory orders
or interim relief or interim relief
orders; and orders; and
l. Petition for certiorari, l. Petition for certiorari,
mandamus or mandamus or
prohibition against prohibition against
any interlocutory any interlocutory
order. order.
EFFECT OF FAILURE Section 12
TO FILE A RETURN In case the respondent
fails to file a return, the
court, justice or Judge
shall proceed to hear the
petition ex parte
Section 14
In case the respondent
fails to file a return, 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 the petitioner to
sumbit evidence

SUMMARY HEARING Section 13 Section 15

The hearing on the petition The same with Writ of
shall be summary. Amparo
However, the court, justice
or judge may call for a
preliminary conference to
simplify the issues and
determine the possibility of
obtaining stipulations and
admissions from the
parties.

The hearing shall be from

day to day until completed
and give the same priority
as petition for habeas
corpus
INTERIM RELIEFS Section 12 Section 14
1.unless for good cause A.Temporary Protection
shown, the hearing is Order.
adjourned, in which - the court, justice or
event the court shall judge, upon motion or
make an order for the motu proprio, may
safekeeping of the order that the
person imprisoned or petitioner or the
restrained as the aggrieved party and any
nature of the case member of the
requires; immediate family be
2.The court or judge protected in a
must be made government agency or
satisfied that the by an accredited person
person’s illness is so or private institution
grave that it cannot be capable of keeping and
produced without any securing their safety. If
danger the petitioner is an
organization,
association or
institution referred to in
Section 3© of the Rule,
the protection may be
extended to the officers
involved.

The Supreme Court

shall accredit the
person and private
institution that shall
extend temporary
protection to the
petitioner of the
aggrived party and any
member of the
immediate family, in
accordance with
guidelines which it shall
issue.

The accredited person

and private institution
shall comply with the
rules and conditions
that may be imposed by
the court, justice or
judge.

b. Inspection Order
- The court, justice of
judge upon verified
motion and after due
hearing, may order any
person in possession of
control of a designated
land or other property,
to permit entry for the
purpose if inspecting,
measuring, surveying,
or operation thereon.
The motion shall state
in detail the place or
places to be inspected.
It shall be supported by
affidavits or testimonies
of witnesses having
personal knowledge of
the enforced
disappearance or
whereabouts of the
aggrieved party. It the
motion is opposed on
the ground of national
security or of the
privileged nature of the
information, the court,
justice, or judge may
conduct a hearing in
chambers to determine
the merit of the
opposition. The movant
must show that the
inspection order is
necessary to establish
the right of the
aggrieved party alleged
to be threatened or
violated. The inspection
order shall specify the
person or persons
authorized to make the
inspection and the
date, time, place and
manner of making the
inspection and may
prescribe other
conditions to protect
the constitutional right
of all parties. The order
shall expire five (5) days
after the date of its
issuance, unless
extended for justifiable
reasons.

c. Production Order.
- The court, justice or
judge, upon verified
motion and after due
hearing, may order any
person in possession,
custody or control of
any designated
documents, papers,
books, accounts,
letters, photographs,
objects or tangible
things, or object in
digitized or electronic
form, which constitute
or contain evidence
relevant to the partition
or the return, to
produce and permit
their inspection,
copying or
photographing by or on
behalf of the movant.
The motion may be
opposed on the
opposed on the ground
of national security or
of the privileged nature
of the information, in
which case the court,
justice or judge may
conduct a hearing in
chambers to determine
the merit of the
opposition.

d. Witness Protection
Order.
- The court, justice or
judge upon motion or
motu proprio, may refer
the witnesses to the
Department of Justice
for admission to the
Witness Protection,
Security and Benefit
Program, pursuant to
R.A No. 6981.
The court, justice or
judge may also refer
the witnesses to other
government agencies,
or to accredit person of
private institution
capable of keeping and
securing their safety.
JUDGEMENT Section 15 Section 18 Section 16.
When the court of The court shall render Same with WOA with
judge has examined judgment within ten an addition that upon
into the cause of (10) days from the time finality, the judgment
caption and restraint of petition is submitted for shall be enforced by the
the prisoner, and is decision. If the sheriff or any lawful
satisfied that he is allegation in the officer as may be
unlawfully imprisoned petition are proven by designated by the
or restrained, he shall substantial evidence, court, justice or judge
forthwith order his the court shall grant the withing five (5) working
discharge from privilege of writ and days.
confinement, but such such reliefs as may be
discharge shall not be proper and appropriate;
effective until a copy of otherwise, the privilege
the order has been shall be denied.
served on the officer of
person detaining the
prisoner. If the officer
of person detaining the
prisoner does not
desire to appeal, the
prisoner shall be
forthwith released.
corpus amparo
APPEAL dataSection 19
Section 15 in relation to Section 19
Section 3 of the Rule 41 Rule 45 by petition for Same as WOA
and Section 39 of B.P review on certiorari
Blg. 129: with peculiar features:
48 hours from notice of 1.Appeal may raise
judgment appealed question of fact of law
from by ordinary appeal or both;
2.Petiod of appeal shall
be five (5) working
days from the date of
notice of the adverse
judgment;
3.Same priority as
habeas corpus cases.

RETURN OF SERVICE Section 17

The officer who
executed the final
judgment shall make a
verified return within
three (3) days from its
enforcement.
ARCHIVING AND Section 20
REVIVAL OF CASES The court shall not be
dismiss the petitioner,
but shall archive it, if
upon its determination
it cannot proceed for a
valid cause such as the
failure of petitioner or
witnesses to appear
due to threats on their
lives. The petition shall
be dismissed with
prejudice upon failure
to prosecute the case
after the lapse of two
(2) years from notice to
the petitioner of the
order of archiving the
case.

INSTITUTION OF Section 21 Section 20

SEPARATE ACTIONS This Rule shall not Same as WOA
preclude the filing of
separate criminal, civil
or administrative
actions.

EFFECT OF FILING Section 22. Section 21

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

CONSOLIDATION Section 23 Section 22

When a criminal action Same as WOA
is filed subsequent to
the filing of a petition
for the writ, the latter
shall be consolidated
with the criminal
action. When a criminal
action and a separate
civil action are filed
subsequent to a
petition for a Writ of
Amparo, the latter shall
be consolidated with
the criminal action
 SUBSTANTIAL RIGHTS Section 24 Section 23
This Rule shall not Difference is that in
diminish, increase, or WOA, the Constitution
modify substantive provides that law from
rights recognized and which the substantive
protected by the rights exist
Constitution.

SUPPLETORY Rule 72, Section 2 Section 25 Section 24

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

RULE 103
CHANGE OF NAME
(BAR QUESTION: 2014)
NOTE: Correlate with R.A No. 9048 where change of first name may now be effected administratively.

1.01. DIFFERENTIATE RULE 103, RULE 108, R.A No. 9048 AND R.A No. 10172:

The differentiation are as follows:

Rule 103 Rule 108 R.A No. 9048 R.A No. 10172

Name of Law Change of Name Cancellation/Corre Clerical Error Act Amendment to

ction of Entries in R.A No. 9048
the Civil Registry

Subject Matter Change of full Change or Change of first Correction of

name (substantial correction in the name and clerical or
correction) civil entries nickname and civil typographical
(substantial entries (only errors in the day
corrections) typographical and month in the
errors) date of birth or
sex of person

Who may File A person desiring Any person Any person having Same in R.A No.
to change his interested in any direct and 9048
name (Sec. 1) act, event, order personal interest
or decree in the correction
concerning the of a clerical or
civil status of typographical
person which has error in an entry
been recorded in and/or change of
the civil register. first name or
(Sec. 1) nickname. (Sec. 3)
Venue RTC of the RTC of city or 1.Local civil 1.Local civil
province wherein province where registry office of registry office of
the petitioner the corresponding the city of the city of
resides for three civil registry is municipality municipality
(3) years prior to located. where the record where the record
filing, or, in the being sought to being sought to
City of Manila, to be corrected of be corrected of
the Juvenile and change is kept; change is kept;
Domestic Relation
Court. 2.Local civil 2.Local civil
registrar of the registrar of the
place where the place where the
interested party interested party
is presently is presently
residing or residing or
domiciled; domiciled;

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

(2)At least two (2)At least two

public or private public or private
documents documents
showing the showing the
correct entry or correct entry or
entries upon entries upon
which the which the
correction or correction or
change shall be change shall be
based; and based; and

(3)Other (3)Other
documents which documents which
the petitioner or the petitioner or
the city or the city or
municipal civil municipal civil
registrar of the registrar of the
consul general consul general
may consider may consider
relevant and relevant and
necessary for the necessary for the
approval of the approval of the
petition. petition.
(Sec. 5) (Sec. 3)
No petition cor
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 documents
such as, but not
limited to, medical
records, baptismal
certificate and
other documents
issued by religious
authorities; not
shall any entry
involving change
of gender
corrected
except:
- if the petition is
accompanied by
certification issued
by an accredited
goverment
physician attesting
to the fact the 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 Upon good and 1.The petitioner Clerical or
ridiculous, valid ground, the find the first typographical
tainted with following entries name of error.
dishonor and in the civil nickname to be
extremely registered may be ridiculous,
difficult to write cancelled of tainted with
or pronounce; corrected. dishonor or
extremely
2.Consequence of difficult to write
change of status; or pronounce;

3.Necessity to 2.The new first

avoid confusion; name of
nickname has
4.Having been habitually
continuously and continuously
used and been used by the
known since petitioner and he
childhood by has been publicly
Filipino name, known by that
unaware of her first name or
alien parentage; nickname in the
community; or
5.A sincere desire
to adopt a 3.The change will
Filipino name to avoid confusion.
erase sights of (Sec. 4)
former alienage
all in good faith
and without
prejudicing
anybody.

Kind of Judicial Summary Administrative Administrative

Proceeding Proceeding 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 an signed and File a verified File an affidavit File an affidavit.
verified petition. petition for the
cancellation or The petiton and its
correction of any supporting papers
entry 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 Civil
Registrar General;

Third Copy - to the

petitioner.

Notice and At least once a At least once a At least once a At least once a
Publication week for three (3) week for three (3) week for two (2) week for two(2)
consecutive week consecutive week consecutive weeks consecutive weeks
in some in some (publish the whole in a newspaper of
newspaper of newspaper of affidavit) general circulation
general circulation general circulation
(notice of hearing) (notice of hearing)

Posting No posting No posting Duty of the civil No posting

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

Who Participates The Solicitor The Civil Registrar The Civil Registrar Same in R.A No.
on the Part of the General or the or the Consul. 9048
Government proper provincial
or city fiscal shall
appear on behalf
of the
Government of
the Republic

Where to Appeal Appeal decision Appeal decision Appeal decision to Same in R.A No.
with the Court of with the Court of the Civil Registrar 9048
Appeals Appeals General (head of
NCSO)
Payment of Fees No provision as to No provision as to The city or The city of
the payment of the payment of municipal registrar municipal registrar
fees fees or the consul or the consul
general shall be general shall be
authorized to authorized to
collect reasonable collect reasonable
fees as a condition fees as a condition
for accepting the for accepting the
petition. petition.
An indigent An indigent
petitioner shall be petitioner shall be
exempt from the exempt from the
payment of the payment of the
said fees. 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.