VERIFICATION & CERTIFICATION

I, (NAME), single, of legal age, Filipino and a resident of Morning Glory St., Quezon City, after
having been duly sworn to in accordance with law, do hereby depose and state that:

1. I am the Petitioner in the foregoing Petition and I have caused the preparation of the same, the
contents of which are all true and correct to the best of my personal knowledge, information and
belief;

2. I certify that neither have I commenced nor is there any pending Petition of similar nature
before any court, tribunal or quasi-judicial agency, and if I should hereafter learn that the same or

similar Petition has been filed or is pending in any court, tribunal or quasi-judicial agency, I shall
report the fact within five (5) days therefrom to this Honorable Court.
3. The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation.

4. The factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery.
Quezon City, Philippines, October 23, 2021.

WHERE TO FILE COMPLAINT FOR SUM OF MONEY?

- where the plaintiff or any of the principal plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in the case of a non-resident defendant
where he may be found, at the election of the plaintiff.

JURISDICTION IN A COLLECTION SUIT

The Metropolitan Trial Courts (MeTC) shall have exclusive jurisdiction over payment of money
where the value of the claim does not exceed Four Hundred Thousand Pesos (P400, 000.00),
exclusive of costs and interest. In this case, the claim shall be prosecuted under the Revised
Rules of Procedure for Small Claims Cases. (As amended by OCA Circular No. 45-2019, effective
01 April 2019.)

The Metropolitan Trial Courts shall have exclusive jurisdiction over payment of money where
the value of the claim exceeds Three hundred thousand pesos (P300, 000.00) but does not
exceed Four hundred thousand pesos (P400, 000.00). In this case, the collection suit is
considered as an ordinary civil action which shall be prosecuted under the Revised Rules of Civil
Procedure.

The Municipal Trial Courts (MTCs), Municipal Trial Courts in Cities (MTCCs), and Municipal
Circuit Trial Courts (MCTCs) shall have exclusive jurisdiction over payment of money where the
value of the claim, exclusive of costs and interest, does not exceed Three Hundred Thousand
Pesos (P300, 000.00). The same shall be prosecuted under the Revised Rules of Procedure for
Small Claims Cases. (As amended by OCA Circular No. 45-2019, effective 01 April 2019.)

If it exceeds the jurisdictional amount (Four hundred thousand pesos (P400, 000.00) in MeTCs,
and Three hundred thousand pesos (P300, 000.00) in MTCs, MTCCs, and MCTCs), the Regional
Trial Court shall have exclusive jurisdiction.

ELEMENTS OF THEFT

Article 308 the essential elements of theft are

(1) the taking of personal property;
(2) the property belongs to another;
(3) the taking away was done with intent of gain;
(4) the taking away was done without the consent of the owner; and
(5) the taking away is accomplished without violence or intimidation against person or
force upon things

ELEMENTS OF UNLAWFUL DETAINER

A requisite for a valid cause of action in an unlawful detainer case is that possession
must be originally lawful, and such possession must have turned unlawful only upon the
expiration of the right to possess. It must be shown that the possession was initially lawful;
hence, the basis of such lawful possession must be established. If, as in this case, the claim is
that such possession is by mere tolerance of the plaintiff, the acts of tolerance must be proved.

Where to file: The actions for ejectment shall only be instituted and tried in the Metropolitan
Trial Court or Municipal Trial Court where the real property involved or a portion thereof, is
situated.

ELEMENTS OF FORCIBLE ENTRY

For a forcible entry suit to prosper, the plaintiff must allege and prove: (1) prior physical
possession of the property; and (2) unlawful deprivation of it by the defendant through force,
intimidation, strategy, threat or stealth.
As in any civil case, the burden of proof lies with the complainants (the respondents in
this case) who must establish their case by preponderance of evidence. In the present case, the
respondents sufficiently alleged and proved the required elements.

WHERE TO FILE PETITION FOR LEGAL SEPARATION

The petition is filed with the Regional Trial Court. Cases involving marriage and family
matters will be raffled only to designated Family Courts. This will take about a week. After the
raffle, the petition will be forwarded to the selected court.
The petitioner shall serve a copy of the petition on the Office of the Solicitor General (OSG) and
the Office of the City or Provincial Prosecutor (OCP/OPP), within 5 days from the date of its
filing and submit to the court proof of such service within the same period.

After the filing of the petition for legal separation, the spouses shall be entitled to live
separately from each other.

Cooling-Off Period. An action for legal separation shall in no case be tried before 6 months shall
have elapsed since the filing of the petition.

DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGE

(a) Who may file. - A petition for declaration of absolute nullity of void marriage may be filed
solely by the husband or the wife. (n)

(b) Where to file. - The petition shal be filed in the Family Court.

(c) Imprecriptibility of action or defense. - An Action or defense for the declaration of absolute
nullity of void marriage shall not prescribe.

(d) 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.

PETITION FOR ANNULMENT OF VOIDABLE MARRIAGES

(a) 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 a 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 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.

(b) Where to file. - The petition shall be filed in the Family Court.

Venue. - The petition shall be filed in the Family Court of the province or city where the
petitioner or the respondent has been residing for at least six months prior to the date of filing,
or in the case of a non-resident respondent, where he may be found in the Philippines at the
election of the petitioner.

ADULTERY
Only the husband can lodge the criminal case with the Office of the City Prosecutor.
Furthermore, the husband must sue both his wife and the paramour. Otherwise, the complaint
will be dismissed.

PRENUPTIAL AGREEMENT
Registration of s prenuptial agreement in the Philippines is done at the Civil Registry of
the City or Municipality which issued the marriage license. Before registration is caused, the
prenup is brought before a Notary Public for notarization.

ADOPTION
Who may adopt under the Domestic Adoption Act? Any Filipino citizen may adopt
What are the qualifications of an adopter?
The adopter must be a Filipino citizen;
He must be of legal age;
In possession of full civil capacity and legal rights;
Of good moral character;
Has not been convicted of any crime involving moral turpitude;
Emotionally and psychologically capable of caring for children;
At least sixteen (16) years older than the adoptee, and
Who is in a position to support and care for his/her children in keeping with the means of the
family.
The requirement of sixteen (16) year difference between the age of the adopter and adoptee
may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the
adoptee’s parent.

Can an alien be an adopter under the Domestic Adoption Act?

Yes. Any alien possessing the same qualifications as above stated for Filipino nationals, plus the
following additional requirements:

His/her country has diplomatic relations with the Republic of the Philippines;
He/she has been living in 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
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
His/her government allows the adoptee to enter his/her country as his/her adopted
son/daughter.

Can the residency requirement be waived? Yes. The requirements on residency and
certification of the alien’s qualification to adopt in his/her country may be waived for the
following:

A former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or
The guardian with respect to the ward after the termination of the guardianship and clearance
of his/her financial accountabilities.

As a general rule, husband and wife shall jointly adopt. What are the exceptions?

if one spouse seeks to adopt the legitimate son/daughter of the other; or

if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that
the other spouse has signified his/her consent thereto; or
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.

Who may be adopted? The following may be adopted:

Any person below eighteen (18) years of age who has been administratively or judicially
declared available for adoption;
The legitimate son/daughter of one spouse by the other spouse;
An illegitimate son/daughter by a qualified adopter to improve his/her status to that of
legitimacy;
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;
A child whose adoption has been previously rescinded; or
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).

Whose consent is necessary to the adoption?

The written consent of the following to the adoption is hereby required:

The adoptee, if ten (10) years of age or over;

The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and
adoptee, if any;
The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said
adopter and the latter’s spouse, if any; and
The spouse, if any, of the person adopting or to be adopted.

What is the procedure on adoption?

In all proceedings for adoption, the court shall require proof that the biological parent(s) has
been properly counseled to prevent him/her from making hurried decisions caused by strain or
anxiety to give up the child, and to sustain that all measures to strengthen the family have been
exhausted and that any prolonged stay of the child in his/her own home will be inimical to
his/her welfare and interest.

There shall be a Case Study before Adoption Proceedings commence

No petition for adoption shall be set for hearing unless a licensed social worker of the DSWD,
the social service office of the local government unit, or any child-placing or child-caring agency
has made a case study of the adoptee, his/her biological parent(s), as well as the adopter(s),
and has submitted the report and recommendations on the matter to the court hearing such
petition.

The case study on the adoptee shall establish that he/she is legally available for adoption and
that the documents to support this fact are valid and authentic. Further, the case study of the
adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the best
interest of the child.

What is a Supervised Trial Custody?

No petition for adoption shall be finally granted until the adopter(s) has been given by the court
a supervised trial custody period for at least six (6) months within which the parties are
expected to adjust psychologically and emotionally to each other and establish a bonding
relationship. During said period, temporary parental authority shall be vested in the adopter(s).

The court, through the court social worker, monitors the relationship of the adoptive parents
and the adopted child. Periodic reports are submitted by the court social worker, who shall
ensure that the child is well-cared for and the best interests of the child are maintained.

Decree of Adoption

If, after the publication of the order of hearing has been complied with, and no opposition has
been interposed to the petition, and after consideration of the case studies, the qualifications
of the adopter(s), trial custody report and the evidence submitted, the court is convinced that
the petitioners are qualified to adopt, and that the adoption would redound to the best interest
of the adoptee, a decree of adoption shall be entered which shall be effective as of the date the
original petition was filed.

Changes in the Civil Registry Records of the Child

As an effect of the adoption, an amended certificate of birth shall be issued by the Civil Registry,
as required by the Rules of Court, attesting to the fact that the adoptee is the child of the
adopter(s) by being registered with his/her surname. 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.

What are the legal effects of an adoption decree?

As to parental authority – Except in cases where the biological parent is the spouse of the
adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the
same shall then be vested on the adopter(s).
As to 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.
To this end, the adoptee is entitled to love, guidance, and support in keeping with the means of
the family.
As to succession. – In legal and intestate succession, the adopter(s) and the adoptee shall have
reciprocal rights of succession without distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a will, the law on testamentary succession
shall govern.

Can the adopted child rescind the adoption? On what grounds?

Yes. Upon petition of the adoptee, with the assistance of the DSWD if a minor or if over
eighteen (18) years of age but is incapacitated, as guardian/counsel, the adoption may be
rescinded on any of the following grounds committed by the adopter(s):

repeated physical and verbal maltreatment by the adopter(s) despite having undergone
counseling;
attempt on the life of the adoptee;
sexual assault or violence; or
abandonment and failure to comply with parental obligations.

Can the adoptive parents rescind the adoption?

Adoption, being in the best interest of the child, is not subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the
Civil Code.

Wrong Spelling
The wrongly spelled middle name in the birth certificate should be corrected by filing a petition
for correction of clerical error under the provisions of Republic Act 9048.

Who Shall File

owner of the record
owners spouse
children
parents
brothers
sisters
grandparents
guardian
other person duly authorized by law or by the owner of the document sought to be corrected;
if owner of the record is a minor or physically or mentally incapacitated, petition may be filed
by his spouse, or any of his children, parents, brothers; sisters; grandparents, guardians, or
persons duly authorized by law.

Where to File
- If born in the Philippines
The petition shall be filed with the local civil registry office of the city or municipality where the
birth is registered.
When the petitioner had already migrated to another place within the Philippines and it would
not be practical for such party to appear in person with the civil registrar of the place of birth,
the petition may be filed with the civil registry office where he/she is currently residing
- If born abroad
If born abroad, with the Philippine Consulate where the birth was reported.