SPECIAL PROCEEDING
filed has exclusive jurisdiction to decide
Is a remedy by which a party seeks to establish a
status, right of particular fact.
SETTLEMENT OF ESTATE OF DECEASED PERSONS
RULE 73. VENUE AND PROCESS
The RTC has jurisdiction over proceedings for the
settlement of the estate of a deceased person
where the GROSS VALUE of the estate exceeds
300K outside MM, 400K within MM. less than 300k,
MTC.
VENUE
If a resident, venue lies with the RTC or MTC where
the decedent resided at the time of his death.
If non-resident, venue is the RTC/MTC of any place
where ha had estate.
RE: the SC has held that the writs and processes of
a probate court cannot extend outside the
Philippines.
Averment of gross value of estate in probate
petition is jurisdictional.
PREFRENTIAL JURISDICTION
- Applies only to non-resident decedent.
- It is the rule where the court first taking
cognizance of the settlement of the
estate of the decedent shall exercise
jurisdiction to the exclusion of all other
courts.
RE: the venue of probate proceeding can only be
questioned on appeal, but certiorari under R65
may be resorted to if the impropriety of the venue
(due to residence or location of estate) appears on
the record.
If settlement of estate is filed in 2 or more courts
- The court in which the case was first
the issue of venue.
RE:
When the marriage is dissolved by the death of the
HUSBAND or WIFE, the community property shall
be INVENTORIED, ADMINISTERED, LIQUIDATED,
and the deaths thereof paid, in the testate or
intestate proceedings of the deceased spouse.
If both spouses have died, the conjugal partnership
shall be liquidated in the testate or intestate
proceedings of either.
RULE 74. SUMMARY SETTLEMENT OF ESTATES
The MTC has jurisdiction over a petition for
summary settlement whose gross value does not
exceed 10,000 pesos. Testate or intestate.
The court may proceed summarily without the
appointment of an executor or administrator
Extrajudicial settlement of estates
Requirements:
1. The decedent left no will and no debts.
2. The heirs are all of age or the minors are
represented by their judicial or legal
representatives for the purpose.
Procedure: PSA
1. Public instrument filed with the register of
deeds, and should they disagree, they may
do so in an ordinary action of partition.
2. Affidavit of self-adjudication if there is only
one heir.
3. File a bond with the register of deeds in an
amount equivalent to the value of the
personal property involved.
4. Published once a week for 3 consecutive
weeks. 1 X 3
RE: thereof, since it is the registration that gives
constructive notice to third persons of the existing
Personal property- the instrument is presented not
settlement of estate.
for registration but for file purposes only.
If the estate includes real property- then the
instrument should be registered pursuant to In case of unregistered land and other property,
Section 86 of the Property Registration Decree. the 2-year period is reckoned from the settlement
and distribution of the estate in accordance with S4
RE:
R74.
The extrajudicial settlement shall not be binding
RE:
upon nay person who has not participated therein
or had no notice thereof. If on the date of the expiration of 2-year lien, the
person authorized to file a claim is a MIPO minor,
RE:
mentally incapacitated, is in prison, or OUTSIDE OF
The bond is required only if there is personal THE PHILIPPINES, he may present his claim within
property in the decedent’s estate. It is not required one year after such disability is removed.
if the decedent left only real property since in such
case it is the lien under S4 R74 which would serve
as protection to the heirs or persons entitled to the REMEDY if the 2-year period under S4 R74 had
estate. expired.
BOND - Action for RECONVEYANCE based on
implied trust under Art. 1456 of the civil
1. Filed simultaneously and
code, brought within 10 years from the
2. Condition precedent to the filing of the
registration of the title.
public instrument, or stipulation in the
- If the property is acquired through
action for partition, or the affidavit in
fraud, the person obtaining it is by force
the register of deeds.
of law considered as trustee of an
RE: implied trust for the benefit of the
person from whom the property comes.
The bond and real estate shall remain charged with
a liability to creditors, heirs, or other persons for a NOTE: BAR Q AND A
period of 2 years after such distribution,
No extrajudicial settlement shall be binding upon
notwithstanding any transfers of real estate that
any person who has not participated therein or had
may have been made.
no notice thereof.
NOTE: After the 2-year lien annotated by the
NOTE: BAR Q AND A
Register of deeds, and no claim of any creditor,
heir, or other person exists, the register of deeds Under the law on partition, the estate of a
shall cancel the 2-year lien noted on the title deceased person may properly be partitioned since
without the necessity of a court order. a co-ownership has arisen among the deceased’s
heirs, provided that the deceased died intestate
and left no debts.
RE: COMMENCEMENT OF 2-YEAR PERIOD
In the case of registered land, the period is deemed
to comment not from the date of the execution of
the instrument but from the date of registration
RULE 76. ALLOWANCE OF DISALLOWANCE OF WILL
SC has held that writs and processes of a probate
court cannot extend outside the Philippines.
RE: In a petition for probate of a will of a non-
resident, the petition should allege the
jurisdictional fact that the testator left estate
within the Philippines.
Re:
No newspaper publication shall be made where the
petition for probate has been filed by the testator
himself.
If the testator asks for the allowance of his own
will, personal notice shall be sent only to the
compulsory heirs. NO NEWSPAPER publication shall
be made.
RE: Jurisdiction of court
PUBLICATION is sufficient and personal notice is
not necessary when the addresses of the heirs,
legatees, devisees, and the executor are NOT
KNOWN or the addresses given in the petition is
wrong.
PERSONAL SERVICE if such addresses are known,
personal and individual notice to them is
mandatory and jurisdictional.
NOTE: IF THE AUTHENTICITY OF THE WILL IS IN
QUESTION, the presentation of 3 witnesses is
mandatory.
RE:
The SC has held that to contest a will means to
challenge the authenticity thereof, if the will was
challenged not on the basis of its authenticity but
for something else, such as undue influence and
lack of testamentary intent, the testimony of 1
competent witness was held sufficient.
PROOF IN CASE OF LOST OR DESTROYED WILL
Notarial will
Foundational evidence on:
1. The execution and validity of the will, and
the probate of the will would become a
useless ceremony.
2. The existence of the will at the time of the
testator’s death, or that the same was
fraudulently or accidentally destroyed
during the testator’s lifetime without his
knowledge.
Secondary evidence will be admitted.
At least two credible witnesses by which the
provisions of the will are clearly and distinctly
proved.
A photocopy of the will is admissible.
Holographic will
Foundational evidence: same with notarial
Secondary evidence: SC has held that a photocopy
is admissible to prove a lost or destroyed
holographic will. Testimonial evidence however is
not admissible as secondary evidence because of
the risk of fraud or mistake.
NOTE:
During the probate stage, the court can pass only
upon the extrinsic validity of the will, W/N the will
complied with the formalities prescribed by the law
and whether the testator had testamentary
capacity.
Exception:
1. Where the defect of the will is apparent on
its face.
2. Where the parties agree that the intrinsic
validity be first determined.
Note: preterition applies only to inadvertent
omission in the will.
RULE 86: CLAIM AGAINST THE ESTATE Claimant must show good cause for the delayed
filing.
The following are money claims:
2. When the administrator or executor brings
1. All claims for money against the decedent,
an action against the claimant. In such a
arising from contract, express or implied,
case the claimant may raise the money
whether the same be due, not due, or
claim as a counterclaim, even if beyond the
contingent.
statute of non-claims.
2. All claims for funeral expenses
3. All claims for expenses for the last sickness Under Rule 86. A judgment for money should
of the decedent; and be filed as a money claim with the probate
4. Judgment for money against the decedent. court.
Note: The SC has held that a money claim cannot be
enforced by a writ of execution but should
Claims for money which are founded on tort or
instead be filed as a money claim.
crime are not money claims and should thus be
filed against the executor/ administrator or against A favorable judgment in a contractual money
the heirs. claim shall be enforced in the manner especially
provided in the Rules for prosecuting claims
Note: a quasi-contract is considered as a
against the estate of a deceased person.
contractual money claim.
Note:
RE:
S20 R3. Upon the death of the defendant in a
The notice shall require all persons having money
contractual money claim before the entry of
claims against the decedent to file them in the
judgment, the case shall not be dismissed but
office of the COC. Such time shall not be less than 6
shall be allowed to continue until final
months nor more than 12 months after the date of
judgment.
first publication of the notice. This period is also
known as the statue of non-claims.
NOTE: if a money claim is not filed within the RE:
statue of non-clams, they are barred forever.
S5 R86
RE: a money claim arising from contract should be
A contractual money claim, whether due or not
filed within the Statue of Non-Claims otherwise
due, or contingent, should be filed within the
they are barred forever.
Statute of non-claims otherwise the same if
Exceptions to the Statue of non-claims barred forever.
1. Tardy claim. At any time before an order of When the heirs may sue ULP
distribution is entered, on application of a
1. If the executor or administrator is
creditor who has failed to file his claim
UNWILLING or refuses to bring suit.
within the statute of non-claims, for cause
2. When LETTERS testamentary or of
shown, and on such terms as are equitable,
administration have not yet been issued.
allow such claim to be filed within a time
3. When the executor/ administrator is alleged
not exceeding one month from the order of
to have PARTICIPATED in the act complaint
the court allowing t he filing of such
of and he is made a party-defendant.
particular claim. S2 R86
 RULE 88. PAYMENT OF THE DEBTS OF THE
ESTATE
Order in which estate charged for payment of
debts (PDRC)
1. Designated in will
2. Personal estate
3. Real estate
4. Contributive shares.
- When heirs become personally liable.
Heirs who enter into possession of possession of
portions of the estate before the debts and
expenses have been settled and paid become
liable to contribute for the payment of such debts
and expenses.
RULE 89: SALES, MORTGAGES, AND OTHER
ENCUMBRANCES OF PROPERTY OF DECEDENT.
Probate court may authorize the E/A to sell the
whole or part of the real or personal estate,
even if not necessary to pay debts, legacies, or
administration expenses, when such sale will be
BENEFICIAL to the heirs and interested persons.
EXCEPT if inconsistent with will.
RULE 90: DISTRIBUTION AND PARTITION OF
THE ESTATE
When the marriage is dissolved by the death of
the husband or wife, the community property
or the conjugal partnership shall be liquidated
in the same proceedings for the settlement of
the estate of the deceased spouse.
If both spouses have died, the liquidation may
be effected in the estate proceedings of either.
RE: s1 R 90
If there is controversy as to who are the lawful
heirs, such controversy shall be heard and
decided as in ordinary cases.
A prior determination of heirship in a separate
special proceeding is no longer required before
an heir can file an ordinary civil action to
enforce ownership rights acquired by virtue of
succession. Treyes vs. larlar
But, if there is a pending probate proceeding, a
separate action for declaration of heirship is
not proper.
RE:
Matters relating to the right of filiation and
heirship must be ventilated in the proper
probate court in a special proceeding instituted
precisely for the purpose of determining such
rights. Not in an ordinary civil action.
Re:
Where there is a pending probate proceeding.
A separate action for the declaration of heirs is
not proper.
The order for distribution is appealable by filing
a notice of appeal and record on appeal within
30 days.
An order approving the project of partition
which had already become final may no longer
be amended by the probate court even if
erroneous.
Order of closure
Issued by the probate court after payment of
all debts and the delivery of the estate to the
heirs.
The probate court loses jurisdiction upon
payment of all debts and delivery of the estate
to the heirs.
The order of closure may be appealed since it is
a final order which affects the substantial rights
of the person appealing.
Notice of appeal taken within 15 days.
ESCHEAT
It is the special proceeding instituted by the Sol
Gen or his representative on behalf of the
republic to obtain title over the personal or real
estate of a person who dies INTESTATE leaving
NO HEIR or person entitled to the same.
RTC which he last resided - regardless of the
value of the estate.
1x 6 in a newspaper of general circulation in the
province.
An heir entitled to the estate may recover the
same after its escheat provided that the claim is
filed within 5 years from the date of judgment.
In such a case the claimant shall have title to
and possession of the property.
Art. 1014 of the civil code states “within 5 years
from the date the property was delivered to the
state. Since this is a prescriptive not a
reglementary period, art. 1014, a substantive
law, should prevail.
RULE 92. GUARDIANSHIP (VENUE)
2 kinds of persons who may be put under
guardianship:
1. Minors
2. Incompetents
Under the Rule on Guardianship of Minors
Who are incompetents:
1. Suffering civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and dumb who are unable to read and
write
5. Unsound mind even though with lucid
intervals
6. Weak mind, age, disease, or other similar
causes (WADO) cannot, without outside aid,
take care of themselves and manage their
property, becoming thereby an easy prey
for deceit and exploitation.
JURISDICTION AND VENUE
Guardianship over incompetents
1. RTC of the place where the incompetent
resides.
- If non-resident: RTC of the place where
the incompetent’s property or part
thereof is situated.
Guardianship over minors
-RTC of the place where the minor resides.
- if non-resident: RTC of the place where the
minor’s property or part thereof is situated.
NOTE: MTC has no longer jurisdiction over
guardianship proceedings except where the minor
or incompetent is a party to an action in the RTC,
the latter may appoint guardian ad litem.
RULE 93: Appointment of guardians
Any relative, friend, or other person on behalf of an
incompetent who has no parent or lawful guardian.
In case of a minor:
1. Any relative or other person on behalf of
minor.
2. The minor himself, if 14 years of age and
above.
3. Secretary of DSWD and by the Sec. of health
in the case of an insane minor who needs to
be hospitalized.
Petition must be verified.
Grounds for the appointment:
1. Death, continued absence, or incapacity of
his parents.
2. Suspension, deprivation or termination of
parental authority.
3. Remarriage of his surviving parent, if the
latter is found unsuitable to exercise
parental authority.
4. When the best interest of the minor so
requires.
RE:
Where the person liable to be put under
guardianship resides abroad but has estate in
the Philippines, the court may direct that notice
be given by publication or otherwise.
RE: no case study report is required in
proceedings for guardianship of incompetents.
In the case of guardianship over a minor, a case
study report is required.
The social worker may intervene on behalf of
the minor if he finds that the petition for
guardianship should be denied.
Re: in guardianship over minors, the
prospective ward SHALL be presented to the
court.
Incompetent, must be present if able to attend,
and it must be shown that the required notice
has been given.
RULE 96. GENERAL POWERS AND DUTIES OF
GUARDIANS
A guardian has full authority to take possession
of the property of the ward and to perform all
acts necessary for its management, and bring
and defend such actions as may be needed for
this purpose.
Re:
Every guardian must pay the ward’s just debts
out of his personal estate and the income if his
real estate.
In case of insufficiency, the guardian may pay
out the ward’s real estate after obtaining a
court order for its sale or encumbrance.
NOTE:
The guardianship court may not resolve the issue of
title to the property because such an issue should
be threshed out in a separate ordinary action.
Except: where the ward’s title to the property is
CLEAR AND INDISPUTABLE in which case the
guardianship court may issue an order directing its
delivery or return to the guardian.
RULE 97: TERMINATION OF GUARDIANSHIP
1. Competent and
2. No longer necessary
Motu proprio or upon verified motion of any
person allowed to file a guardianship may
terminate the guardianship on the ground that the
ward has become of age or died.
RULE 102. HABEAS CORPUS
Writ of habeas corpus shall extend to all cases of
1. illegal confinement or detention 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.
CONCURRENT JURISDICTION over a petition for
writ of habeas corpus
SC, CA, Sandiganbayan (in aid of appellate
jurisdiction) and the RTC.
MTC has special jurisdiction in the absence of all
the RTC judges in the province or city.
Note:
The writ issued by the SC and CA may be made
returnable before a RTC for hearing and decision
on the merits.
Once the superior court makes the writ returnable
to a lower court as allowed by the Rules of Court,
the lower court designated does not thereby
become merely a recommendatory body, whose
findings and conclusions are devoid of effect.
The decision on the petition for habeas corpus is a
decision of the lower court, not of the superior
court. Hence the RTC’s decision should be appealed
to the CA.
SANDIGANBAYAN has jurisdiction to issue writ of
habeas corpus only in aid of its appellate
jurisdiction.
ENFORCEABILITY OF THE WRIT
Writs issued by the SC, CA, and SANDIGANBAYAN
are enforceable anywhere in the Philippines.
Those issued by the RTC and MTC are enforceable
only within the judicial region to which they
belong.
RE: a petition which is deficient in form may be
entertained so long as its allegations sufficiently
make out a case for habeas corpus.
WHO MAY FILE THE WRIT
1. The party whose relief it is intended or
2. By some other person on his behalf.
In a habeas corpus proceeding, any person may
apply for the writ on behalf of the aggrieved party.
RE: Actual physical restrained is required.
When is the writ of habeas corpus not allowed:
1. Custody of an officer under process issued
by a court or judge; or
2. By virtue of a judgment or order of a court
of record, and that court or judge had
jurisdiction to issue the process, render the
judgment, or make the order, the writ shall
not be allowed.
RE: A writ of habeas corpus may no longer be
issued if the person allegedly deprived of liberty is
restrained under a lawful process or order of the
court.
The writ may be availed of as post-conviction
remedy:
1. There has been a deprivation of a
constitutional right in the restraint of a
person;
Where a deprivation of a constitutional right is
established, the court that rendered the
judgment is deemed ousted of jurisdiction and
habeas corpus is the remedy to assail the
legality of the detention.
2. The court has no jurisdiction to impose the
sentence or
3. An excessive penalty has been imposed, as
such sentence is void as to such excess.
Petition for a writ of habeas corpus involving
custody of minors:
The petition for custody of minors shall be filed
with the family court of the province or city where
the petitioner resides or where the minor may be
found. – such a petition may be filed with any of
the proper FCs/RTCs within the judicial region
where enforcement thereof is sought.
NOTE:
Service is not required in a habeas corpus petition.
A writ of habeas corpus plays a role comparable to
a summons in ordinary civil actions, in that the
court acquires jurisdiction over the person of the
respondent upon service of the writ.
RE: where both parents have joint custody of a
child, the writ may be availed of by the father is he
is deprived of right to see his child.
A habeas corpus case involving a minor is not
limited to the production of the minor before the
court. The main purpose is to determine who has
rightful custody over the child. The court should
still proceed to determine who should have the
rightful custody of the child.
RE: APPEAL by filing a notice of appeal
48 hours from notice of the judgment or final
order.
The day of the act or event is excluded and the
date of performance is included.
If MR filed and denied, the movant has a fresh 48
hours from notice of the denial.
RULE ON THE WRIT OF AMPARO
A remedy available to any person whose right to
life, liberty and security has been violated or is
threatened with violation by a public official or
employee or a private individual or entity.
Covers:
1. Extralegal killings and
2. Enforced disappearance or
3. Any threats thereof.
Direct or indirect governmental participation is
an indispensable element.
Note: proof of disappearance alone is not enough.
Where to FILE:
With the RTC of the place where the act, or
omission was committed or any of its elements
occurred, or the Sandiganbayan, CA, SC, or any
justices thereof.
NO DOCKET FEELS- exempt
Who may file:
The petition may be filed by the aggrieved party or
by any qualified person or entity in the following
order: IRC
1. Immediate family of aggrieved party:
spouse, children and parents.
2. Ascendant, descendant, or relative within
4th degree, in default of 1.
3. Concerned citizen or organization if no
known immediate family member or
relative of the aggrieved party.
ENFORCEABILITY:
It may be enforced anywhere in the Philippines.
Contents:
Verified petition
Respondent’s return:
The respondent shall file a verified return within 5
working days after service of the writ. The period
to file a return cannot be extended except on
highly meritorious grounds.
EFFECTS OF FAILURE TO FILE THE RETURN
1. The respondent waives any defense that he
may have had. Under S10 RWA, all defenses
shall be raised in the return otherwise they
shall be deemed waived.
2. The court shall proceed to hear the petition
ex parte.
3. The court may cite for CONTEMPT a
respondent who refuses to make a return.
INTERIM RELIEFS available in a writ of amparo case:
PWIT
Upon the filing of the petition or at anytime before
final judgment
1. TRO. Motu proprio or upon motion
2. IO. Upon verified motion and after due
hearing
3. PO. Upon verified motion and after due
hearing
4. WPO. Upon motion or motu proprio.
Note: interim reliefs can only be granted before a
final adjudication of the case is made.
Procedure for hearing:
Summary hearing. The court may, however, hold a
preliminary conference to simplify issues and
obtain stipulations and admissions from the
parties.
APPEAL:
SC under Rule 45.
Period of appeal is 5 working days from notice of
the adverse judgment.
MR on the judgment itself is allowed.
QUANTUM OF PROOF:
Substantial evidence or that amount of relevant
evidence which a reasonable mind might accept as
adequate to support a conclusion.
Note:
Hearsay is admissible in writ of amparo case
NOTE: when a criminal action has been
commenced, no separate petition for the writ shall
be filed and that the reliefs under the writ shall be
available by motion in the criminal case.
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 in the
criminal action.
Consolidation of the case shall not be applicable to
independent civil actions.
Decisions in writ of amparo and writ of habeas
corpus cases are immediately final and executory.
PROHIBITED PLEADING
1. Motion to dismiss on whatever ground
2. MR of interlocutory orders are prohibited
- MR of final orders or judgments are
allowed.
RULE ON THE WRIT OF HABEAS DATA
A remedy available to any person whose right to
privacy in life, liberty and 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 or
storing of data or information regarding the
person, family, home and correspondence of the
aggrieved party.
Petition must adequately show that there exists a
nexus between right to privacy on the one hand,
and the right to LLS on the other.
RE: NO EXPECTION OF PRIVACY FOR A CONVICT.
Where to file:
1. RTC where petitioner or respondent resides
or that which has jurisdiction over the place
where the data or information is gathered
or stored, at petitioner’s option.
2. With the Sandiganbayan, CA, and the SC if
the petition concerns public data files of
government offices.
Enforceability:
Anywhere in the Philippines.
Who may file:
The aggrieved party. If EKED, the petition may be
filed by a member of the aggrieved party’s
immediate family (SPC) or in default thereof by a
relative within 4th civil degree.
Contents:
1. Verified petition
Respondent’s Return:
Verified return together with supporting affidavits
within 5 working days after service of the writ.
APPEAL: To the SC under Rule 45, period to appeal shall be consolidated with the criminal
is 5 working days from the notice of adverse action.
judgment. 3. When a criminal action and a separate civil
action are filed subsequent to a petition a
The appeal may raise questions of fact or law or
petition for a writ of amparo, the latter shall
both.
be consolidated with the criminal action.
Neypes rule applicable to a writ of amparo case.
APPLIES TO RWA as well.
-fresh 5 working days after the denial of MR
Decision is IMMEDIATELY EXECUTORY without
or MNT.
prejudice to appeal.
QUANTUM OF PROOF: Substantial evidence
That amount of relevant evidence which a
RULE 103. CHANGE OF NAME
reasonable mind might accept as adequate to
support a conclusion. Note: the official name of a person is that which is
stated in the civil registry, not the name by which
Basic minimum test: RC
he was baptized or by which he has been known in
Technical rules of evidence not strictly observed in the community.
a writ of amparo case.
Jurisdiction: RTC
RELEVANCE of the evidence to the issue at hand
Venue: RTC of the place where the petitioner
and its CONSISTENCY with all other pieces of
resides.
adduced evidence.
Note:
Thus, hearsay is allowed.
Alien can file a petition for change of name
provided he is domiciled in the Philippines.
Effects of failure to file a return: EC
COVERS:
1. The court shall proceed to hear the petition
1. Change of surname and middle name
ex parte
2. The court may cite for contempt a Note:
respondent who refuses to make a return.
Change of first name or nickname, the governing
Procedure for hearing: law is RA 9048 which authorizes the local civil
registrar or the consul general to effect such
Summary hearing.
change.
Note:
Note:
MR of final order or judgement is allowed.
If what a petitioner seeks to do is simply to correct
The effect of the filing of a criminal action: a typographical or clerical error in the entry of her
name, then the procedure to be followed is Rule
1. When a criminal action has been
108 and not Rule 103.
commenced, no separate petition for writ
shall be filed. The reliefs under the writ shall 103 is a proceeding in rem.
be available by motion in the criminal case.
2. When a criminal action is filed after the
filing of the petition for the writ, the latter
Contents of the petition for change of name: and his aliases or other names, and should recite
the name sought to be adopted.
Verified petition by the person desiring to change
his name, or some other person in his behalf, and The fact that aliases were mentioned in the body of
shall set forth: the petition itself is of no moment.
1. That the petitioner has been a bona fide RE: In R103, the LRC need not be impleaded in a
resident of the province where the petition petition for change of name.
is filed for at least 3 years prior to the date
of such filing;
2. The cause RULE 108. CANCELLATION OR CORRECTION OF
3. The name asked for ENTRIES IN THE CIVIL REGISTRY.
1 x 3 consecutive weeks in some newspaper of
general circulation.
STATUTORY BASIS
The contents are jurisdictional.
No entry in a civil register shall be changed or
Valid grounds: DR DACUL corrected, without a judicial order.
1. When the name is ridiculous, dishonorable, Who may file:
or extremely difficult to write or pronounce.
Any person interested in an act, event, order or
2. When the change results as a legal
decree concerning the civil status of persons which
consequence, as in legitimation;
has been recorded in the civil register, may file a
3. When the change will avoid confusion;
verified petition for the cancellation or correction
4. When the petitioner has been using a name
of any entry relating thereto.
for school purposes and his school records
are in such name, then his name in the civil
registry may be changed to the name that
RE:
he has been using.
5. A sincere desire to adopt a filipino name to Clerical or typographical errors may be corrected
erase signs of former alienage. administratively by the city or municipal civil
registrar or the consul general pursuant to RA
Grounds are not exclusive.
9048.
RE: change of name must be for proper and
Jurisdiction: RTC
reasonable cause.
Venue: place where the corresponding civil
RE: Julian Lin Carulasan Wang the court denied the
registry is located.
change of middle name, accordingly, the petitioner
must not only show PROPER and COMPELLING NOTE:
REASON but also that he will be PREJUDICED by the
Venue is not jurisdictional but procedural. Courts
use of his true name.
may not motu proprio dismiss the case on the
ground of improper venue.
RE:
SC has held that the caption of the petition
as published must contain the applicant’s name,
Parties:
When cancellation or correction of an entry in the
civil register is sought, IL
1. The local civil registrar and
2. All persons who have or claim any interest
which would be affected thereby shall be
made parties to the proceeding.
1x 3 for 3 consecutive weeks in a newspaper of
general circulation in the province.
Effect if the civil registrar and affected persons are
not impleaded:
- The failure to implead the civil registrar
and the parties who would naturally and
legally be affected by the grant of the
petition would render the proceedings
and the judgment void.
OPPOSITION:
The civil registrar and any person having or
claiming any interest under the entry whose
cancellation or correction is sought may, within 15
days from notice of the petition, or from the last
date of publication of such notice, file his
opposition of such notice, file his opposition
thereto.
RE: In a special proceeding for correction of entry
under R108, the trial court has no jurisdiction to
nullify marriages and to rule on legitimacy and
filiation.
NOTE:
The recognition of the foreign divorce decree may
be made in a R108 proceeding itself, as the object
of special proceedings is precisely to establish the
status or right of a party or a particular fact.
Example: petition for cancellation of entry of
marriage under Rule 108 with a prayer for judicial
recognition of foreign divorce judgment.
SC has held that a foreign divorce decree must first
be recognized before it can be given effect. The SC
stated that the recognition may be prayed for in
the petition for cancellation of the marriage entry
under R 108.
RE:
Rule 108 may be availed of to cancel entries in a
fake marriage contract. There is no need to file a
petition for declaration of nullity of marriage with
the family court since there was no marriage to
speak of in the first place.
NOTE:
Petition for change of name and correction of entry
may be joined in one proceeding if the change of
name and correction of entry are based on the
same underlying facts or logically connected to
each other and provided that all the requirements
of R103 and R108 are complied with.
RA 9048
Administrative change of first name or nickname
and correction of clerical or typographical errors.
Provided, however, that no correction must involve
the change of AGE, NATIONALITY, or STATUS. NAS
Includes:
1. Change in the sex where it is patently clear
that there was clerical or typographical
error or mistake in the entry. The petition
to correct entry of sex must be
accompanied by a certification of an
accredited govt physician that the
petitioner has not undergone sex change or
sex transplant.
2. Change of the DATE and MONTH in the
birthdate.
An entry in a civil register may not be changed or
corrected without judicial order, except:
1. Clerical or typographical error and
2. Change of first name or nickname
3. Change of the day and month in the date of
birth or sex of a person where It is patently
 clear that there was a clerical or
typographical error.
DOCTRINE OF PRIMARY JURISDICTION CANNOT BE
WAIVED. However, where Republic raised the lack
of primary jurisdiction only before SC, it was
estopped to invoke such ground.
- Can be raised at any time.
RA 9048 took effect on April 22, 2001.
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
in the civil register may file, in person, a verified
petition with the local civil registry where the
record being sought to be corrected or changed is
kept.
Filipino citizens abroad:
They may file their petition, in person, with the
nearest Philippine consulate.
Note: former filipinos presently residing or
domiciled abroad cannot avail of this provision.
RE: May be availed of only once. (ONE-
AVAILMENT RULE)
Grounds for change of first name or nickname:
1. The first name or nickname is ridiculous,
tainted with dishonor or extremely difficult
to write or pronounce.
2. The new first name or nickname has been
habitually and continuously used by the
petitioner and he has been publicly known
by that first name or nickname in the
community; or
3. The change will avoid confusion.
Grounds are exclusive.
PUBLICATION: Required for change of first name or
nickname, change of the sex or a person.
1 x 2 in a newspaper of general circulation.
Note: publication is not required for clerical or
typographical error, except where the erroneous
entry is of the date and month of the birth date or
of the sex of a person.
Remedy if denied by the LCR or CG or availment for
the second time:
1. Appeal the decision to the civil registrar
general or
2. File appropriate petition with the proper
court/ RTC.
Filed within 10 working days from notice.

Hence if a person has availed of a petition for

correction of clerical error or typographical error
RA RA R103 R108
under RA 9048 and he wants to correct another
9048 9048
clerical or typographical error, he should file a CFN CCT
petition with the RTC under R108. JOSIE 1 2
However, if a person has filed a petition for TO
correction of clerical or typographical errors, he JOSE
can still avail of a petition for change of first name BABY 1 2
BOT TO
or nickname, and vice versa.
JOSE
JURISDICTION under RA 9048 as amended REYES 1 2
TO
- Local Civil Registrar or the consul REYNES
general. CRUZ HERE
- Or RTC if availing for the 2nd time. TO
REYNES

RULES OF PROCEDURE FOR ENVIRONMENTAL
CASES
Scope and applicability
Civil and Criminal actions before MTCs and RTCs
involving enforcement or violations of
environmental laws, rules and regulations.
Actions under the RPEC
1. Environmental civil action
2. Citizen suit
3. Petition for writ of kalikasan
4. Petition for writ of continuing mandamus
5. Criminal actions
Who can file an environmental civil action?
Any real party in interest, including the government
and juridical entities authorized by law, may file
such action.
A citizen suit may be filed by any filipino citizen in
representation of others, including minors or
generations yet unborn, to enforce rights or
obligations under environmental laws.
RE: a real party in interest need not be a Filipino
citizen, but only a Filipino citizen can bring a
citizen suit.
Filing fees in environmental civil action
Pleadings and motions allowed under RPEC:
3CA RID
1. Verified complaint
2. Verified answer w/c may include
compulsory CC and Cross-claims
3. Motion for intervention
4. Motion for discovery
5. Motion for reconsideration of judgment
Motion for POSTPONEMENT, MNT, Petition for
relief from judgment shall be allowed in highly
meritorious cases or to prevent a manifest
miscarriage of justice.
NOTE: Permissive counterclaims are not allowed
under the RPEC but compulsory counterclaims are.
ANSWER: verified answer within 15 days from
service of summons.
Prohibited pleadings
1. Motion to dismiss
2. Motion for a bill of particulars
3. Motion for extension of time to file
pleadings, except to file answer, the
extension not to exceed 15 days.
4. Motion to declare the defendant in default
5. Reply and rejoinder and
6. Third party complaint.

- The payment of filing and other legal Case shall be referred to mediation:
fees by the plaintiff shall be deferred
At the start of the pre-trial conference, the
until after judgment unless the plaintiff
court shall inquire from the parties if they have
is allowed to litigate as an indigent. It
settled; otherwise, the court shall immediately
shall constitute a first lien on the
refer the parties or their counsel, if authorized by
judgment award. Same with CITIZEN
their clients, to the Phil. Mediation Center unit for
SUIT.
mediation.
NOTE: Only the SC can issue a TRO or WPI against
- If not available, the court shall refer the
lawful actions of government agencies that
case to the COC or legal researcher for
enforce environmental laws or prevent violations
mediation.
thereof.
Consent Decree
- Refers to a judicially-approved
settlement between concerned parties
based on public interest and public
policy to protect and preserve the
environment.
EPO
- refers to an order issued by the court directing or
enjoining any person or government agency to
perform or desist from performing an act in order
to protect, preserve or rehabilitate the
environment.
TEPO- if it appears from the verified complaint with
a prayer for the issuance of an EPO that the matter
is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury.
The EJ of the multi-sala court before raffle or the
presiding judge of a single-sala court as the case
may be, may issue ex parte a TEPO effective for
only 72 hours from date of the receipt of the TEPO
by the party or person enjoined.
- May be extended until the termination
of the case.
- Applicant is exempted from posting a
bond.
Reliefs that may be granted in a citizen suit (PARS)
1. Protection, preservation or rehabilitation of
the environment.
2. Attorney’s fees, costs of suit and other
litigation expenses. ACL
3. Submission of a rehab/ restoration
program.
4. Contribution to a special trust fund.
- No DAMAGES except ACL can be
awarded in a citizen suit. The only
recourse of a party or person who
wished to recover damages for injury
suffered is to file a separate action.
Environmental Civil Action under S4 R2.
A person who suffers damage or injury arising from
an environment prejudice which is also the same
subject of a citizen suit can file a separate action
under S4 R2 to recover for his personal injury.
Here, a citizen suit can take place simultaneously
with the filing of an individual complaint.
JUDGMENT: Immediately executory
- Judgment directing the protection,
preservation or rehabilitation of the
environment is executory pending
appeal.
WRIT OF CONTINUING MANDAMUS MAY ISSUE IN
Environmental Civil action or Citizen Suit
- In the judgment, the court may convert
the TEPO to a permanent EPO or issue a
writ of continuing mandamus directing
the performance of acts which shall be
effective until the judgment is fully
satisfied.
ECA S4.R2 Citizen Suit S5R2
MTC/ RTC- depending RTC
on the amount of
damages
Brought by any real Brought by filipino
party in interest citizen in
representation of
others.
Plaintiff may recover Damages to plaintiff
damages not only ACL. limited to ACL.
Prod Principle
Under the clean air act and the Ecological Solid
Waste Mgt Act, a condition precedent for the filing
of a CITIZEN SUIT is that 30-day notice had been
given to the public officer and the alleged violator
and no action was taken thereon.
- In a citizen suit under the Ecological
solid waste mgt act, the court may
award moral damages.
- In a citizen suit under the clean air act,
the court may award damages.
Strategic Lawsuit against Public Participation WRIT OF KALIKASAN
A legal action filed to harass or stifle any legal The writ is available in an environmental case
recourse that any person, institution, or the involving environmental damage of such
government has taken or may take in the magnitude as to prejudice the life, health, or
enforcement of environmental laws, protection of property of the inhabitants in two or more cities or
the environment or assertion of environmental provinces.
rights.
where to file?
SLAPP may be retaliatory or pre-emptive.
The verified petition shall be filed with the
SLAPP- Back Counterclaim; affirmative defense that SUPREME COURT or with any of the stations of the
the case if a SLAPP; and, by way of counterclaim, CA. the petitioner shall be exempt from the
pray for damages, atty.’s fees and costs of suit. payment of docket fees.
- Affirmative defense shall be resolved
within 30 days after the summary
When shall the writ issue?
hearing. If the court dismisses the
action, the court may award damages, Within 3 days from the date of the filing of the
attorney’s fees and costs of suit under a petition, if the petition is sufficient in form and
counterclaim if such has been filed. The substance, the court shall give an order:
dismissal shall be with prejudice. Thus,
1. Issuing the writ and
remedy is appeal.
2. Requiring the respondent to file a
The hearing on the defense of a SLAPP shall be verified return.
summary in nature.
RE: the issuance of a writ of kalikasan does not ipso
The party seeking the dismissal of the case must facto enjoin or restrain the respondent unless a
prove by substantial evidence that his acts for the TEPO or EPO was issued.
enforcement of environmental if a legitimate
Return: 10 days
action for protection, preservation and
rehabilitation of the environment. Prohibited pleadings and motions 5M BED DP RTCC
The party filing the action assailed as a SLAPP shall 1. Motion to dismiss
prove by preponderance of evidence that the 2. Motion for extension of time to file return
action is not a SLAPP and is a valid claim. 3. Motion for postponement
4. Motion for a bill of particulars
SLAPP is a defense that may only be invoked by a
5. Motion to declare respondent in default
person who becomes a target of litigation due to
6. Counterclaim or cross-claim
his or its environmental advocacy.
7. Third-party complaint
SPECIAL CIVIL ACTION FOR THE ISSUANCE OF THE 8. Reply
WRIT OF KALIKASAN.
Re:
- Actually, special civil actions.
In exceptional cases, a writ of kalikasan may be
availed of to challenge defects in the CC provided
that:
1. The defects are causally linked or
reasonably connected to an environmental
 damage of the nature and magnitude RTC exercising jurisdiction over the territory where
contemplated under the Rules on Writ of the actionable neglect occurred. Or with the CA or
kalikasan. SC.
Re: The court cannot motu proprio dismiss if filed in
wrong venue.
Administrative appeal, not a petition for a writ of
kalikasan, is the proper remedy to assail the JUDGMENT
irregularity in the ECC’s issuance if there is no
If warranted, the court shall grant the privilege of
causal link between such irregularity and the
the writ of continuing mandamus requiring
actual/ threatened violation of the right to a
respondent to perform an act or series of acts until
balanced and healthful ecology of the magnitude
the judgment is fully satisfied and to grant such
contemplated by the RPEC.
other reliefs as may be warranted resulting from
JUDGMENT the wrongful or illegal acts of the respondent.
Within 60 days from the time the petition is The rule permits the court to retain jurisdiction
submitted for decision, the court shall render after judgment in order to ensure the successful
judgment granting or denying the privilege of the implementation of the reliefs mandated under the
writ of kalikasan. court’s decision.
Damages may not be awarded to individual ECA Plaintiff may recover
petitioners. damages
Citizen Suit Defendant may recover
REMEDY FROM JUDGMENT: damages. ACL
Within 15 days from notice of the adverse SLAPP-Back Defendant may recover
judgment or denial of motion for consideration, damages (DAC)
any party may appeal to the SC under RULE 45. The Writ of kalikasan No damages to
individual petitioners
appeal may raise question of fact.
Writ of continuing Petitioner may recover
mandamus damages

WRIT OF CONTINUING MANDAMUS

Available when government agency or officer
neglects the performance of a ministerial duty in
connection with the enforcement of an
environmental law or rule or in connection with the
violation of an environmental right.
Or when a government agency or officer unlawfully
excluded another from the use or enjoyment of an
environmental right.
Petitioner is entitled to damages sustained by
reason of the malicious neglect to perform the
ministerial duty.
Where filed:
CRIMINAL PROCEDURE
Who may file a criminal complaint for violation of
environmental laws:
1. Any offended party, peace officer or any
officer charged with the law enforcement of
an environmental law may file a complaint
before the proper officer in accordance with
the rules of court.
RE:
RPEC recognizes the possibility of intervention from
a special prosecutor even in the absence of a
private offended party.
Most environmental cases involve violations of
environmental law or damage to the environment
without an injured private person.
RE:
UNLESS the civil action has been instituted prior to
the criminal action, the reservation of the right to
institute separately the civil action shall be made
during ARRAIGNMENT.
to believe based on personal knowledge
of facts or circumstances that the
person to be arrested has committed it.
SLAPP in criminal cases
- Upon the filing of an information in
court and before arraignment, the
accused may file a motion to dismiss on
the ground that the criminal action is a
SLAPP.
- Granting a motion to dismiss bars the
refiling of a SLAPP in accordance with
the law of the case.
PRECAUTIONARY PRINCIPLE
Where there are threats of serious and irreversible
damage to the environment that is scientifically
plausible but uncertain, the court shall take actions
to avoid or diminish that threat notwithstanding
that there is a lack of full scientific certainty in
establishing a causal link between human activity
and environmental effect.

RE:
The damages awarded in cases where there is no
private offended party, less the filing fees, shall
accrue to the funds of the agency.
WARRANTLESS ARREST
1. A peace officer or
2. Individual deputized by the Gov. agency
may, without a warrant, arrest a person:

a. When, in his presence, the person to be

arrested has committed, is actually
committing or is attempting to commit
an offense; or (it is opined that a private
person may still make a warrantless
arrest)
b. When an offense has just been
committed, and he has probable cause