SPECIAL PROCEEDINGS

Rule 106-109
Group 9

Members:
Tee, Mark
Urot, Dave
Villacastin, Franklin
Villoga, Kyle
Yntig, Krista
 Rule 106

CONSTITUTION OF FAMILY
HOME
THIS RULE IS DEEMED REPEALED BY THE FAMILY CODE.
What is a Family Home?

The family home, constituted

jointly by the husband and the
wife or by an unmarried head of
the family, is the dwelling house
where they and their family
reside, and the land on which it
is situated. (Art. 152, Family
Code)
Constitution of Family Home

 The Family Home is deemed

constituted on a house and
lot from the time it is
occupied as a family
residence
 There is no need to constitute
the same judicially or
extrajudicially as required in
the Civil Code.
Guidelines in the Constitution of the
Family Home
 Family Home is deemed constituted from
the time of actual occupation as a family
residence;
 Only one (1) Family Home may be
constituted;
 Must be owned by the person constituting
it; Must be permanent;
 Same rule applies to both valid and
voidable marriages and even to
common law spouses;
 It continues despite death of one,
both spouses, or an unmarried head
of the family for 10 years or as long
as there is a minor beneficiary
The heirs cannot partition
the same unless the court
finds compelling reasons
therefor.

This rule shall apply

regardless of whoever
owns the property or
constituted the Family
Home.
May a Family Home be established on
property held in Co-ownership with
third
NO.
persons?
A family home is generally exempt from execution, provided it was
duly constituted.
The family home must be established on the properties of:
(a) the absolute community; or
(b) the conjugal partnership; or
(c ) the exclusive property of either spouse with the consent of the
other.
It cannot be established on property held in co-ownership with third
persons.
General Rule:
Except:
The family 1. For non-payment of taxes;

home is 2. For debts incurred prior to the constitution of the

family home;
exempt from 3. For debts secured by mortgages on the premises
before or after such constitution; and
execution, 4. For debts due to laborers, mechanics, architects,
forced sale or builders, materialmen and others who have rendered
service or furnished material for the construction of the
attachment building.
 Actual value of the family home
shall not exceed, at the time of its
constitution
 P300,000 in urban  In any event, if the value
areas, and of the currency changes
 P200,000 in rural after the adoption of this
areas; code, the value most
favorable for the
 Or such amounts as constitution of a family
may be fixed by home shall be the basis
law. of evaluation.
Rules for the family home to be
exempted from execution
1. Family home was
constructed before the
effectivity of the Family
Code or before August 3,
1988
-must be constituted as a
family home either
judicially or extrajudicially.
2. Family home
constructed after the
effectivity of the Family
Code on August 3, 1988
- automatically deemed to
be a family home and lasts
as long as any of its
beneficiaries actually
resides therein.
Continuation....

3. Family residences which were not judicially or extrajudicially

constituted as a family home prior to the effectivity of the Family Code,
but were existing thereafter

- are considered as family homes by operation of law and are

prospectively entitled to the benefits accorded to a family home
under the Family Code.
End
 Section 1. Appointment of representative. — When a person disappears from his domicile, his
whereabouts being unknown, and without having left an agent to administer his property, or the
power conferred upon the agent has expired, any interested party, relative or friend may petition
the RTC of the place where the absentee resided before his disappearance, for the appointment
of a person to represent him provisionally in all that may be necessary.
 In the City of Manila, the petition shall be filed in the Juvenile and Domestic Relations Court.
 Section 2. Declaration of absence; who may petition. — After the lapse of two (2)
years from his disapperance 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 administrative may be applied for by any of the
following:
 (a) The spouse present;
 (b) The heirs instituted in a will, who may present an authentic copy of the same.
 (c) The 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
 Section 3. Contents of petition. — The petition for the appointment of a
representative, or for the declaration of absence and the appointment of a trustee
or an administrator, must show the following:
 (a) The jurisdictional facts;
 (b) The names, ages, and residences of the heirs instituted in the will, copy of which
shall be presented, and of the relatives who would succeed by the law of intestacy;
 (c) The names and residences of creditors and others who may have any adverse
interest over the property of the absentee; (d) The probable value, location and
character of the property belonging to the absentee
 Section 7. 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
 Section 8. Termination of administration. — The trusteeship or administration of the
property of the absentee shall cease upon order of the court in any of the following
cases:
 (a) When the absentee appears personally or by means of an agent;
 (b) When the death of the absentee is proved and his testate or intestate heirs
appear;
 (c) When a third person appears, showing by a proper document that he has
acquired the absentee's property by purchase or other title.
 In these cases the trustee or administrator shall cease in the performance of his
office, and the property shall be placed at the disposal of whose may have a right
thereto.
 RULE 108
Cancellation or Correction of Entries in the Civil Registry
 Section 2 of Rule 108
Entries subject to the cancellation or correction
• Upon good and valid grounds, the following entries in the civil
register may be cancelled or corrected;
• Births
• Marriages
• Deaths
• Legal separatioons
• Judgments of annulments of marriage
• Judgments declearing marriages void from the beginning
• Legitimations
• Adoptions
• Acknowledgments of natural children
• Naturalization
• Election loss or recover of citizenship
• Civil interdiction
• Judicial determination of filiation
• Voluntary emancipation of a minor
• Changes of name
 Court who has jurisdiction over a petition filed
under rule 108

• Regional Trial Court where the corresponding civil registry is located.

 FOX v. The Philippine
Statistics Authority and the
Office of the solicitor
general
G.R. No. 233520, March 6, 2019
 Facts:

• Zion Pearl was born in Canada on June 27, 2015 to a Filipino mother, Roice,
and Canadian father. A Record of Birth was submitted to the Philippine
Statistics Authority (PSA) in Manila. PSA, unfortunately, erroneously
recorded Zion’s year of birth as “2016” instead of “2015.” Roice filed before
the RTC of Davao City, where she was a resident, a Petition for correction of
Zion’s Record of Birth under Rule 108 of the Rules of Court, impleading (a)
the PSA, and (b) Office of the Solicitor General (OSG).
 Issue:

• WON the RTC was correct in motu proprio dismissing the petition for
correction of entry on the ground of lack of jurisdiction.
 Ruling:

• YES.
• First, the RTC of Davao City is not the proper venue of the instant Petition.
The fact of birth of Zion was recorded directly before the PSA in Manila and
not to any local civil registrar. Consequently, the Petition should have been
filed before the RTC in Manila pursuant to Section 1 of Rule 108 of the Rules
of Court. Given that Rule 108 pertains to a special proceeding, the specific
provisions stated thereunder, particularly on venue, must be observed in
order to vest the court with jurisdiction.
• Second, the Petition failed to implead the civil registrar. The local civil
registrar is an indispensable party for which no final determination of the
case can be reached. The consequence of such failure to implead is that the
RTC will not acquire jurisdiction over the case or, if proceedings were
conducted, to render the same null and void.
 Who may file petition for the cancellation or
correction of entries in the civil registry

• Any person interested in any act, event, order or decree concerning the civil
status of persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry relating
thereto, with the Court of First Instance of the province where the
corresponding civil registry is located.
 The parties that must be impleaded in the
proceeding and the parties that may oppose
• Parties that must be impleaded
• Civil Registrar
• All persons who have or claim any interest which would be affected thereby
• Parties that may oppose
• Civil Registrar
• Any person having or claiming any interest under the entry whose cancellation or
correction is sought
 How may correction be effected

• First is without judicial authority, an administrative proceeding (RA. No.

9048)
• It may be filed with the local civil registrar’s office of the city or municipality
where the record sough to be corrected is kept
• If residing abroad, then with the nearest Philippine Consulate.
• The petition may be denid if the error is not clerical or typographical or it
affects the civl status of a person.
• The Second is trhough judicial procceding governed by Rule 108
• Only clerical and substantial errors
• Substantial errors, it required that the proceeding is adversarial and not in
summary. This means that among others that the petition must be verified,
should implead the civil registrar and all persons who have or claim any
interest which would be affected thereby.
 Clerical Error

• A cleric error is one which is visible to the eye or obvious to the

understanding; an error made by the clerk or transcriber, a mistake in
copying or writing, or some harmless or innocuous change such as
correction of a name that is merely misspelled or a misstatement of the
occupation of the parties.
 Rule 108 can be Summary or Adversary

• It may either be summary or adversary in character.

• It summary when the correction sought to be made is mere clerical, except
first name which is governed by RA. No. 9048
• It is adversary where the rectification affects civil status, citizenship, or
nationality of a party. It is deemed to be substantial and the procedure to be
adopted is adversary.
 Adversary proceeding

• Is defined as one having opposing parties; contested, as distinguished from

an ex parte application, one of which the party seeking relief has given legal
warning to the other party, and afforded the latter an opportunity to
combat it.
• Availed of when it is involved in substantial errors in a civil registry
 Ramon Corpus Tan v. Office
of the Local Civil Registrar of
Manila and the Philippine
Statistics Authority
GR. No. 211435 April 10, 2019
 Facts:

• This is a Petition for Review on Certiorari... a special proceeding for correction of entry in the civil registry
under Rule 108 of the Revised Rules of Court filed by herein petitioner.

• In his Amended Petition, petitioner alleged that he was born on November 13, 1965 at St. Paul Hospital in
the City of Manila; that his birth was duly registered in the civil registry of Manila; that he had been using his
real name "Ramon Corpuz Tan" during his lifetime; that when he later secured a copy of his Certificate of
Live Birth, he discovered that his name was entered as "Ramon Corpus Tan Ko" instead of his true and
correct name which is "Ramon Corpuz Tan"; that the aforesaid material errors and mistakes in the entries of
his Certificate of Live Birth were due to inadvertence and error of the hospital personnel who prepared the
subject certificate; that "Ko," which was the first name of his father, was inadvertently included in his last
name; and that the mistake was not immediately rectified because he only discovered the same, after
having his own children.
 ISSUE:

• WON it is a Clerical error or substantial change.

 RULING:

• The correction sought by petitioner involves a substantial change, not a mere

clerical error.
• In this case, the alleged error could not be considered a clerical error or a readily
apparent mistake. Contrary to petitioner’s claim, the correction sought would
definitely have an effect on his filiation with the person named in his Certificate of
live birth verily, the “correction” of petitioner’s name from “Ramon Corpus Tan Ko”
to “Ramon Corpuz Tan” would necessarily affect not only his name, but also the
names of his parents as entered in his Certificate of Live Birth.
RULE 108
CANCELLATION
OR
CORRECTION
OF ENTRIES IN
THE CIVIL
REGISTRY

SECTIONS 4,5,6 & 7.

RULE 108 SECTION 4.

Notice and publication. — Upon the filing of the petition, the court shall, by an order, fix the time and
place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named
in the petition. The court shall also cause the order to be published once a week for three (3) consecutive
weeks in a newspaper of general circulation in the province.
RULE 108 SECTION 5.

Opposition. — The civil registrar and any person having or claiming any interest under the entry whose
cancellation or correction is sought may, within fifteen (15) days from notice of the petition, or from the last
date of publication of such notice, file his opposition thereto.
 REPUBLIC V. LUGSANAY-UY, G.R. NO. 198010 (2013)

A reading of Sections 4 and 5 shows that the Rules mandate two sets of notices to different potential
oppositors, one given to the persons named in the petition and another given to other persons who
are not named in the petition but nonetheless may be considered interested or affected parties (i.e.
creditors).

Summons must, therefore, be served not for the purpose of vesting the courts with jurisdiction but to
comply with the requirements of fair play and due process to afford the person concerned the opportunity to
protect his interest if he so chooses
PERIOD TO FILE THE OPPOSITION

Within 15 days from notice of petition, or from last date of publication of notice [Sec. 5, Rule 108]
EFFECT OF FAILURE TO IMPLEAD AND NOTIFY THE
AFFECTED OR INTERESTED PARTIES

A petition which seeks the correction of entries in the birth certificate pertaining to first name, surname and
citizenship is not merely clerical. When the corrections will result in changes in the status from “legitimate”
to “illegitimate” and the citizenship from “Chinese” to “Filipino”, the petitioner should have impleaded not
only the local civil registrar but also her parents and siblings as they are affected by the changes or
corrections. It is clear therefore that when the petition for cancellation or correction of an entry in the civil
register involves substantial and controversial alterations, including those on citizenship, legitimacy or
paternity or filiation, or legitimacy of marriage, a strict compliance with the requirements of Rule 108 is
mandated, failing in which the petition must be dismissed. (Republic v. Lagunsay Uy, G.R. No.
198010)
SUCH FAILURE, HOWEVER, MAY BE CURED

While there may be cases where the Court held that the failure to implead and notify the affected or
interested parties may be cured by the publication of the notice of hearing, earnest efforts were made by
petitioners in bringing to court all possible interested parties. Such failure was likewise excused where the
interested parties themselves initiated the corrections proceedings; when there is no actual or presumptive
awareness of the existence of the interested parties; or when a party is inadvertently left out. (Republic v.
Lagunsay Uy, G.R. No. 198010)
RULE 108

 Section 6. Expediting proceedings. — The court in which the proceeding is brought may make orders
expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of
the parties pending such proceedings.
 Section 7. Order. — After hearing, the court may either dismiss the petition or issue an order granting
the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be
served upon the civil registrar concerned who shall annotated the same in his record.
SILVERIO V. REPUBLIC, G.R. NO. 174689

RA 9048 now governs the change of first name. It vests the power and authority to entertain petitions for
change of first name to the city or municipal civil registrar or consul general concerned. Under the law,
therefore, jurisdiction over applications for change of first name is now primarily lodged with the
aforementioned administrative officers. The intent and effect of the law is to exclude the change of first
name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation or Correction of Entries in
the Civil Registry) of the Rules of Court, until and unless an administrative petition for change of name is
first filed and subsequently denied

It means that the local civil registrar has primary, not exclusive, jurisdiction over such petitions for correction
of clerical errors and change of first name or nickname
DIFFERENCES AND SIMILARITIES BETWEEN RULE 103 AND 108

 1) Under Rule 103, full name may be changed while in Rule 108 only clerical and substantial errors may
be corrected;
 2) Under Rule 103, the petition must be filed with the Regional Trial Court where the petitioner resides
while under Rule 108, the verified petition must be filed with the Regional Trial Court where the
corresponding civil registry is located;
 3) Under Rule 103, the Solicitor General must be notified by service of a copy of the petition while in
Rule 108, the Civil Registrar concerned is made a party in the petition as a respondent. The Solicitor
General must likewise be notified by service of a copy of the petition;
DIFFERENCE AND SIMILARITIES BETWEEN RULE 103 AND 108

 4) Under Rule 103, the petitioner is the person who desires to change his name while in Rule 108, the
petitioner may be any person who has interest in any act, event, order or decree;
 5) In both cases, publication of the order for hearing once a week for three (3) consecutive weeks is
necessary. However, in Rule 108, it is further required that the court shall cause reasonable notice to
persons named in the petition;
 6) In both cases, service of judgment shall be made upon the civil registry concerned
 Rule 109
Appeals in Special
Proceedings
WHO MAY APPEAL?

• An interested person may appeal in special proceedings from an order or

judgment rendered by the court. The interest of the person must be material
and direct, not merely indirect or contingent, Unless the party has such
material and direct interest, he is precluded from appealing an order or
judgment of the court.
WHO MAY APPEAL?

• Any person legally interested in any order, decree, or judgment of a probate

court in the exercise of its jurisdiction in special proceedings in the
settlement of the estates of deceased persons, may appeal from such order,
decree, or judgment, when such order, decree, or judgment constitutes a
final determination of the rights of the appellants, and the appeal shall affect
every order, decree, or judgment appealed from, and not merely the interest
which the appellants may have therein.
SEC.1 Orders or judgments from which appeals
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;
(d) Settles the account of an executor, administrator, trustee or guardian;
(e) 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​
(f) 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.
WHAT IS THE NATURE OF APPEAL?

The right to appeal is a mere statutory privilege, and should be exercise only in
the manner prescribed by law. The statutory nature of the right to appeal
requires the one who avails himself of it to strictly comply with the other
statures or rules that are considered indispensable interdictions against
needless delays and for an orderly discharge of judicial business.
 Advance distribution in special proceedings Sec.2

Notwithstanding a pending controversy or appeal in proceedings to settle the estate

of a decedent, the court may, in its discretion and upon such terms as it may deem
proper and just, permit that such part of the estate may not be affected by the
controversy or appeal be distributed among the heirs or legatees, upon compliance
with the conditions set forth in Rule 90 (Distribution and Partition of the Estate) of
this rules.