SPECIAL PROCEEDINGS

BY JUDGE GITO

What is a special proceeding?

A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact
(Sec. 3[b], Rule 1, RC).

Give examples of special proceedings which are outside of Section 1, Rule 72

• Summary proceeding under the Family Code

• Actions mentioned under the Family Code
• Proceedings under the Child and Youth Welfare Code, Child Abuse Act, Child Employment Act.
• Corporate rehabilitation
• Liquidation
• Writ of amparo
• Writ of habeas data

Are the rules in ordinary civil action applicable in special proceedings?

Yes, but only in the absence of applicable procedure (Section 2, Rule 72).

Is earnest effort to compromise applicable in special proceedings?

NO. Since special proceeding is not a suit or ordinary action whereby a party sues another for the
enforcement of a right or prevention of a wrong, the requirement that no suit shall be filed between the
same members of the same family unless it should appear that earnest efforts toward a compromise have
been made, but the same have failed, does not apply to a special proceeding (Vda de Manalo vs. CA, GR
No. 129242, Janaury 16, 2001).

Is certification against forum shopping required in special proceedings?

YES. Special provisions under Part II of the Rules of Court govern special proceedings; but in the absence
of special provisions, the rules provided for in Part I of the Rules governing ordinary civil actions shall be
applicable to special proceedings, as far as practicable. This means that in the absence of special
provisions, rules in ordinary actions may be applied in special proceedings as much as possible and where
doing so would not pose an obstacle to said proceedings which includes the requirement of certification
of non-forum shopping for complaints and initiatory pleadings (Sheker vs. Estate of Alice Sheker, GR No.
157912, December 13, 2007).

SETTLEMENT OF ESTATE OF DECEASED PERSONS

Does the MTC have jurisdiction over settlement of estate?

YES. Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper cases, where the value of the personal property,
estate, or amount of the demand does not exceed One hundred thousand pesos (P300,000.00) or, in
Metro Manila where such personal property, estate, or amount of the demand does not exceed Four
hundred thousand pesos (P400,000.00) exclusive of interest damages of whatever kind, attorney's fees,
litigation expenses, and costs (Section 33, BP, 129).
DON’T BE CONFUSED

Section 1. Where estate of deceased persons settled. — If the decedents is an inhabitant of the
Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or letters of
administration granted, and his estate settled, in the Court of First Instance in the province in which he
resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of First Instance
of any province in which he had estate. The court first taking cognizance of the settlement of the estate
of a decedent, shall exercise jurisdiction to the exclusion of all other courts. The jurisdiction assumed by
a court, so far as it depends on the place of residence of the decedent, or of the location of his estate,
shall not be contested in a suit or proceeding, except in an appeal from that court, in the original case, or
when the want of jurisdiction appears on the record.(Rule 72)

Please take NOTE:

Section 1, Rule 73, though it mentions “Court of First Instance” (now RTC) pertains to VENUE and not
JURISDICTION (Fule vs. CA,GR No. L-40502, November 29, 1976, 74 SCRA 200).
May a motion to dismiss for improper venue be filed in settlement of estate?

IT DEPENDS.

If improper venue is apparent on the face of the Petition, then a motion to dismiss may be filed, otherwise,
it may only be questioned in an appeal from the court in original case.

Please take NOTE:

“The jurisdiction assumed by a court, so far as it depends on the place of residence of the decedent, or of
the location of his estate, shall not be contested in a suit or proceeding, except in an appeal from that
court, in the original case, or when the want of jurisdiction appears on the record” (Section 1, Rule 73).

What is the extent of the jurisdiction of the probate court?

A probate court acting as such exercises limited jurisdiction. The said court is primarily concerned with
the administration, liquidation, and distribution of the estate. In fact the main function of a probate court
is to settle and liquidate the estate of the deceased either summarily or through the process of
administration (Uy vs. CA, March 15, 2006).

Thus it has the authority to: 1) determine heirs; 2) make a just and legal distribution of the estate (Solivio
vs. CA, February 12, 1990).

Heirs of Magdeleno Ypon vs. Ricaforte, July 8, 2013

Petitioners, filed a complaint for Cancellation of Title and Reconveyance with Damages (subject
complaint) against respondent Ricaforte. In their complaint, they alleged that Magdaleno Ypon
(Magdaleno) died intestate leaving behind parcel of land covered by certificates of title. Claiming to be
the sole heir of Magdaleno, Ricaforte executed an Affidavit of Self-Adjudication and caused the
cancellation of the certificates of title and transferred it to Ricaforte’s name to the prejudice of petitioners
who are Magdaleno's collateral relatives and successors-in-interest.

Ricaforte alleged that he is the lawful son of Magdaleno as evidenced by: (a) his certificate of Live Birth;
(b) two (2) letters from Polytechnic School; and (c) a certified true copy of his passport. Further, by way
of affirmative defense, he claimed that: (a) petitioners have no cause of action against him; (b) the
complaint fails to state a cause of action; and (c) the case is not prosecuted by the real parties-in-interest,
as there is no showing that the petitioners have been judicially declared as Magdaleno's lawful heirs.

While the foregoing allegations, if admitted to be true, would consequently warrant the reliefs sought for
in the said complaint, the rule that the determination of a decedent's lawful heirs should be made in the
corresponding special proceeding precludes the RTC, in an ordinary action for cancellation of title and
reconveyance, from granting the same. In the case of Heirs of Teofilo Gabatan v. CA, the Court, citing
several other precedents, held that the determination of who are the decedent's lawful heirs must be
made in the proper special proceeding for such purpose, and not in an ordinary suit for recovery of
ownership and/or possession, as in this case

What is the rule “Heirs of Magdaleno”?

The declaration of heirship should be ventilated in settlement of estate proceedings, and not in ordinary
civil action for reconveyance of ownership or reconveyance.

There is now a new rule:

• Treyes vs. Larlar, G.R. No. 232579, September 8, 2020

• Unless there is pending special proceeding for the settlement of the decedent’s estate or for the
determination of heirship, the compulsory or intestate heirs may commence an ordinary civil
action to declare the nullity of a deed or instrument, and for recovery of property, or any other
 action in the enforcement of their ownership rights acquired by virtue of succession, without the
necessity of s prior and separate judicial declaration of their status as such. The ruling of the trial
court shall only be in relation to the cause of action of the ordinary civil action., i.e., the
nullification of a deed or instrument, and recovery or reconveyance of property, which ruling is
binding only between and among the parties.

May the probate court pass upon title to properties claimed to be part of the estate of the deceased?

NO. Because the jurisdiction of the probate court is limited (Paciones, Jr., vs. Chuato-Ching, August 9,
2005).

HOWEVER, however if the purpose is only to determine whether such property should be included in the
inventory, then probate court can pass title on the property but the determination of ownership is not
conclusive but only provisional (Vda de Rodriguez vs. CA, July 20, 1979).

May the probate court pass upon the title of the property with finality?

IT MAY. The probate court may pass upon the issue of ownership where the interested parties are the
heirs who have all appeared in the proceeding and the rights of third parties are not impaired (Munsayac-
De Villa vs. CA, October 24, 2003)

Detailed requisites:

• Decendent dies intestate

• There is no outstanding debts at the time of settlement
• Heirs are all of legal age or minors represented by judicial guardians or legal representatives.
• The settlement is made in a public instrument duly filed with register of deeds.
• Publication of extrajudicial settlement once a week for three consecutive weeks.
• Filing of bond equivalent to the value of personal property.
How Effected?

There must be an action for partition filed by any or all of the heirs. In the said action, the parties entered
into a compromise agreement to have the estate of the deceased settlement. This compromise
agreement will have to be approved by the Court where the action for partition is pending.

Question: Suppose an extra-judicial settlement of estate was executed by the three (3) children of the
deceased. The heirs complied with all the requisites of the Rules. Within two (2) years from the
settlement and distribution of estate, a person claiming to be an heir surfaced. Can this person still
claim from the estate of the deceased?

YES. If it shall appear at any time within two (2) years after the settlement and distribution of an estate
in accordance with the provisions of either of the first two sections of this rule, that an heir or other person
has been unduly deprived of his lawful participation in the estate, such heir or such other person may
compel the settlement of the estate in the courts in the manner hereinafter provided for the purpose of
satisfying such lawful participation...... (Section 4, Rule 74)

Can a party to an extra-judicial settlement still assail its validity?

It depends.

A party who participated in the extra-judicial settlement of estate has a period of two (2) years after the
settlement and distribution to assail the validity of the extra-judicial settlement of estate.

After two years, such party is already barred (Pedrosa vs. CA, 353 SCRA 620)

PLEASE TAKE NOTE:

Section 4, Rule 74 is only applicable to persons who have participated or taken part or had notice of
extra-judicial partition (Pedrosa vs. CA, 353 SCRA 620)
There is nothing in Section 4, Rule 74 which clearly shows a statute of limitation and a bar against third
person.

It is not a bar of action against third person.

What is the remedy of an heir who is deprived of one’s share in the estate because he did not
participate, take part, or had no notice of the settlement of estate?

An heir may file an action for re-conveyance within ten (10) years, which is based on an implied trust
(Teves vs. CA, October 13, 1999). This implied or constructive trust is an obligation created by law, which
an interested person may enforce within 10 year prescriptive period. This prescriptive period shall
commence upon the issuance of a new title over the property (Marquez vs. CA, 300 SCRA 653) or from
actual notice in case of unregistered deed (Neri vs. Heirs of Uy, October 10, 2012).

What is the purpose of the probate of the will?

To determine the extrinsic validity of the will.

The extrinsic validity of the will is determined by its compliance with the requirements of the Civil Code
for the validity of the will and on the determination of whether the testator is of sound mind when he
executed the same.

What is “due execution” of the will?

It means the testator’s voluntariness of making the dispositions in the will. The testator’s capacity is also
examined on this level, which looks into the soundness of the mind of the testator.

Soundness of mind refers to knowledge of:

• Nature of estate
• Object of bounty
• Character of testamentary act

May a probate court pass upon the intrinsic validity of the will?

The general rule is that the probate court cannot inquire into the intrinsic validity of the will.

BUT: If the intrinsic defect is apparent from the will, say for instance absolute preterition, then the probate
may pass upon the intrinsic validity of the will. (Nepomuceno vs. CA; Nuguid vs Nuguid; Cayetano vs.
Leonides)
Contents of the Petition

• Section 2, Rule 76

a) The jurisdictional facts;

b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or
decedent;
c) The probable value and character of the property of the estate;
d) The name of the person for whom letters are prayed;
e) If the will has not been delivered to the court, the name of the person having custody of it.

What are the jurisdictional facts?

• “Jurisdictional facts” refer to the fact of death, his residence at the rime of his death in the
province where the probate court is sitting, or if he is an inhabitant of a foreign country, the estate
he left in such province (Palaganas vs. Palaganas, GR. No 169144, January 26, 2011)
What if the subscribing witnesses testify against the will, or failed to remember or of doubtful
credibility?

The will may still be allowed if the court is satisfied from the testimony of other witnesses and from all
the evidence presented that the will was executed and attested in the manner required by law.
Section 11, Rule 76

If the witnesses are dead, insane or do not reside in the Philippines, how may the will be proved?

Section 8, Rule 76

• The court may admit the testimony of other witnesses too the sanity of the testator and the due
execution of the will.
 • The court may also admit proof of the handwriting of the testator and of the subscribing
witnesses, or any of them.

How is a lost or destroyed will proved?

• By proving its execution and validity

• Will is shown to have been in existence at the time of the death of the testator
• It was fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge.
• The provision of the will must be proved by two credible witnesses. (Section 6, Rule 76)

May a photocopy of testator’s holographic will be presented in lieu of the original that was lost?

• Yes. Bonilla vs. Aranza, December 7, 1982

• A photostatic copy or xerox copy of the holographic will may be allowed because comparison can
be made with the standard writings of the testator.
• BUT: if there is really no copy of the holographic will, it may not be probated because then the
authenticity of the handwriting of the deceased can be determined by the probate court.

Grounds for disallowing a will (Section 9, Rule 76)

(a) If not executed and attested as required by law;

(b) If the testator was insane, or otherwise mentally incapable to make a will, at the time of its
execution;

(c) If it was executed under duress, or the influence of fear, or threats;

(d) If it was procured by undue and improper pressure and influence, on the part of the beneficiary,
or of some other person for his benefit;

(e) If the signature of the testator was procured by fraud or trick, and he did not intend that the
instrument should be his will at the time of fixing his signature thereto.

What should the Court do after the will is allowed by the Court?

Section 13, Rule 76

• The judge shall issue a certificate of allowance of the will which must be signed by the judge and
attested by the seal of the court;

• The clerk must record and file the certificate of allowance.

• The will must be recorded in the register of deeds of the province where the land is located.
Is it necessary that the will executed in foreign country be probated first in that country before it may
be probated here in the Philippines?

• No. It is not required.

• Our laws do not prohibit the probate of wills executed by the foreigners abroad although the
same have not as yet been probated and allowed in the countries of their execution. A foreign
will can be given legal effects in our jurisdiction. Article 816 of the Civil Code states that the will
of an alien who is abroad produces effect in the Philippines if made in accordance with the
formalities prescribed by the law of the place where he resides, or according to the formalities
observed in his country (Palaganas vs. Palaganas, G.R. No 169144, January 26, 2011)

What are the effects of admission foreign will?

a) The court shall grant letters testamentary or letters of administration with the will annexed.
b) The said letters shall not extend only to the testator’s estate located in the Philippines.
c) The estate shall be disposed of following the will after just debts and expenses of administration
are paid.
d) Any residue shall disposed of as provided for estates in the Philippines belonging to persons who
do not reside in the country. (Section 4, Rule 77)

Who are authorized to serve as executor or administrator?

Section 1, Rule 78

• ONE WHO IS NOT:

(a) A minor;
(b) Not a resident of the Philippines; and
(c) Is in opinion of the court unfit to execute the duties of the trust by reason of drunkenness,
improvidence, or want of understanding or integrity, or by reason of conviction of an offense
involving moral turpitude.

Who is an executor?

An executor is a person nominated by the testator in his will to carry out his direction and request thereof
and to dispose of the property according to his testamentary provisions after his death.

Who is an administrator?

An administrator is a person appointed by the court of probate to administer and settle intestate estates
and testate estates of the deceased and where no executor is named, or the executor named is
incompetent, refuses the trust or fails to give a bond.

To whom shall letters testamentary be issued?

SECTION 4. Letters Testamentary Issued When Will Allowed. — When a will has been proved and
allowed, the court shall issue letters testamentary thereon to the person named as executor therein, if
he is competent, accepts the trust, and gives bond as required by these rules. (Rule 78)

To whom shall letters administration be issued?

If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail
to give bond, or a person dies intestate, administration shall be granted:

(a) To the surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of
the court, or to such person as such surviving husband or wife, or next of kin, requests to have
appointed, if competent and willing to serve;
 (b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by
them, be incompetent or unwilling, or if the husband or widow, or next of kin, neglect for thirty
days after the death of the person to apply for administration or to request that administration
be granted to some other person, it may be granted to one or more of the principal creditors if
competent and willing to serve;

(c) If there is no such creditor competent and willing to serve, it may be granted to such other person
as the court may select.

PLEASE TAKE NOTE:

In determining who should be appointed as administrator, the primary consideration is the interest in
the said estate of the one to be appointed.

THUS, There must be a strong, valid and sufficient reason to ignore the preference (Gabriel vs. CA, GR.
No. 101512, August 7, 1992)

May co-adminstrators be appointed?

Yes, under the following instances:

(1) To have the benefits of their judgment and perhaps at all times to have different interests
represented;
(2) Where justice and equity demand that opposing parties or factions be represented in the
management of the estate of the deceased;
(3) Where the estate is large or, from any cause, an intricate and perplexing one to settle;
(4) To have all interested persons satisfied and the representatives to work in harmony for the best
interests of the estate;
(5) When a person entitled to the administration of an estate desires to have another competent
person associated with him in the office (Suntay III vs. Conjuanco-Suntay, October 10, 2012)

Meaning of “next of kin:”

The “next of kin” has been defined as those persons who are entitled under the statute of distribution to
the decedent’s property. It is generally said that “the nearest of kin, whose interest in the estate is more
preponderant, is preferred in the choice of administrator. Among members of a class the strongest ground
for preference is the amount or preponderance of interest. As between next of kin, the nearest of kin is
to be preferred.” (Ventura vs. Ventura, GR No. L-26306, April 27, 1988)
Meaning of “interested party”

An “interested party” in estate proceedings, is one who would be benefited in the estate, such as an heir,
or one who has claim against the estate, such as creditor (Quaizon vs. Belen, GR 189121, July 31, 2013)

When may a special administrator be appointed?

When there is delay in granting letters testamentary or of administration by any cause including an
appeal from the allowance or disallowance of a will, the court may appoint a special administrator to
take possession and charge of the estate of the deceased until the questions causing the delay are decided
and executors or administrators appointed (Sec. 1, Rule 80).

What are the instances when special administrator may be appointed?

• When there is delay in granting letters testamentary or of administration by any cause including
an appeal from the allowance or disallowance of a will (Section 1, Rule 80)

• When the executor or administrator or administrator is a claimant against the estate he

represents (Section 6, Rule 86)

What are the powers of administration?

• Power to possess and manage the estate of the deceased to pay debts and expenses of
administration (Section 2, Rule 84)
• Access to, examine and take copies of books and papers relating to the partnership business, and
examine and make such invoices of the property belonging to such partnership (Section 2, Rule
84)

• To compromise with the debtor of the decedent ( Section 4, Rule 87)

What are the grounds for removing administrator? (Section 2, Rule 82)

a) Neglects to render his account and settle the estate according to law;

b) Neglects to perform an order or judgment of the court, or a duty expressly provided by these rules

c) Aabsconds

d) Becomes insane, or otherwise incapable or insuitable to discharge the trust.

 Claims against the Estate(Rule 86)

Section 1.Notice to creditors to be issued by court. — Immediately after granting letters testamentary or
of administration, the court shall issue a notice requiring all persons having money claims against the
decedent to file them in the office of the clerk of said court.

Within what period should the claim be filed?

Section 2. Time within which claims shall be filed. — In the notice provided in the preceding section, the
court shall estate the time for the filing of claims against the estate, which shall not be more than twelve
(12) not less than six (6) months after the date of the first publication of the notice. However, at any
time before an order of distribution is entered, on application of a creditor who has failed to file his claim
within the previously limited, the court may, for cause shown and on such terms as are equitable, allow
such claim to be filed within a time not exceeding one (1) month.

PLEASE TAKE NOTE:

Section 2, Rule 86 is what we call: STATUTES OF NON-CLAIMS

What is the statute of non-claims?

It is a period fixed for the filing of claims against the estate, such that claims not filed within said period
are barred forever. It is subject to the following guidelines:

1. Period fixed must not be less than 6 months nor more than 12 months from the date of the first
publication.

2. Such period is mandatory.

3. The statute on non-claims supersedes the statute of limitation.

PLEASE TAKE NOTE:

There are two exceptions to the statute of non-claims:

• First, the creditor may apply with the court for a new period not exceeding one month before the
entry of order of distribution for good cause shown (Sec. 2, Rule 86).

• Second, creditor can set up his claim as a counterclaim in an action filed by the executor or
administrator (Sec. 5, Rule 86).

Problem 1

After an administrator was appointed by the Court, the Court where the settlement of estate was pending,
issued an order requiring all claimants to the estate of the deceased to file their claims within seven (7)
months from the date of the first publication of said Order. Creditor A was not able to file his claim within
said period. Would it still be possible for Creditor A to file his claim?

ANSWER:

Section 2, Rule 86

Yes. Under Section 2, Rule 86, at any time before an order of distribution is entered, on application of a
creditor who has failed to file his claim within the previously limited, the court may, for cause shown and
on such terms as are equitable, allow such claim to be filed within a time not exceeding one (1) month.
What are the claims that must be filed?

Section 5.Claims which must be filed under the notice. If not filed, barred; exceptions. — All claims for
money against the decedent, arising from contract, express or implied, whether the same be due, not
due, or contingent, all claims for funeral expenses and expense for the last sickness of the decedent,
and judgment for money against the decedent, must be filed within the time limited in the notice;
otherwise they are barred forever, except that they may be set forth as counterclaims in any action that
the executor or administrator may bring against the claimants

Problem 2

The administrator of the estate of Don Mariano filed a collection suit against Lito. During his lifetime
however, Don Mariano was indebted to Lito. Unfortunately, Lito was not able to file his claim within the
time set by the Court. Would it be possible for Lito to still claim his credit from the estate of Don
Mariano?

Answer

Yes, it is still possible for Lito to claim his credit from the estate of Don Mariano. Under Section 5, Rule 86,
the claim of the creditor may be set up a counterclaim instead of filing it as an independent claim in the
settlement of estate court.

Section 5 Rule 86 must be related to Section 20, Rule 3

Section 20.Action and contractual money claims. When the action is for recovery of money arising from
contract, express or implied, and the defendant dies before entry of final judgment in the court in which
the action was pending at the time of such death, it shall not be dismissed but shall instead be allowed
to continue until entry of final judgment. A favourable judgment obtained by the plaintiff therein shall
be enforced in the manner especially provided in these Rules for prosecuting claims against the estate
of a deceased person.

Problem 3

D during his lifetime contracted a loan with PNB. D was not able to pay the loan. PNB filed a collection suit
against D. While the case was pending, D died. Will the collection suit filed by PNB be dismissed on account
of the death of D? Should there be a final judgment already, may this judgment be executed?

Answer

1. NO. Under Section 20, Rule 3, when the action is for recovery of money arising from contract, express
or implied, and the defendant dies before entry of final judgment in the court in which the action was
pending at the time of such death, it shall not be dismissed but shall instead be allowed to continue until
entry of final judgment. A favourable judgment obtained by the plaintiff therein shall be enforced in the
manner especially provided in these Rules for prosecuting claims against the estate of a deceased person.
Answer 2

The judgment may not be executed. Under Section 5, Rule 86, a favourable judgment obtained by the
plaintiff shall be enforced in the settlement of estate of the decedent.

Metrobank vs. Absolute Management Co., GR No. 170498, January 9, 2013

• SCHI filed a complaint for sum of money against AMC for the advance payment against AMC for
the advance payment it made for the purchase of pieces of wood which AMC failed to deliver.
Chua was the GM of AMC. Apparently, SHCI issued crossed Metrobank checks in favour of AMC.
AMC discovered that the checks which SHCI issued to it, were given to Chua and the latter
deposited it to his account. Meanwhile, Chua died and a settlement of his estate was instituted.

• AMC filed an answer alleging that it did not receive any amount from SHCI and it had no
knowledge of the Chua’s transaction with SHCI. AMC also filed a third party complaint against
Metrobank. Meanwhile, Metrobank filed a fourth party complaint against the Estate of Chua on
the basis of an “implied contract” as it that mandates recovery of what as been improperly paid.

• Does the ordinary court has jurisdiction to entertain the fourth party complaint filed by
Metrobank?

Answer:

No. The claim should be filed in the settlement of the estate court.

A distinctive character of Metrobank’s fourth-party complaint is its contingent nature- the claim depends
on the possibility that Metrobank would be adjudges liable to AMC, a future event that may or may not
happen. This characteristic umistakably marks the complaint as a contingent one that must be included
in the claims falling under the terms of Section 5, Rule 86 of the Rules of Court.

Where should the claim for damages arising from breach of contract of transportation be filed?

• It should be filed in the settlement of estate court.

• This is clear from the ruling of the Supreme Court in Bautista vs. De Guzman, G.R. No L-28298,
November 25, 183.

• The Court ruled: The liability of the late Rosendo de Guzman arose from the breach of obligations
under the contract oof carriage between him and the unfortunate passenger. The obligations are
spelled out by law but the liability arose from a breach of contractual obligations. The resulting
claim is a money claim

How is judgment for money against the deceased be enforced?

• It should be filed in the settlement of estate court.

• When the judgment in a civil case has become final and executory, execution is not a proper
remedy to enforce payment; the claimant should present the claim before the probate court
(Domingo vs, Garlitos, June 29, 1963)

Rule 86, Section 7. Mortgage debt due from estate. — A creditor holding a claim against the deceased
secured by mortgage or other collateral security, may

1. abandon the security and prosecute his claim in the manner provided in this rule, and share in the
general distribution of the assets of the estate; or

2.he may foreclose his mortgage or realize upon his security, by action in court, making the executor or
administrator a party defendant, and if there is a judgment for a deficiency, after the sale of the
mortgaged premises, or the property pledged, in the foreclosure or other proceeding to realize upon the
security, he may claim his deficiency judgment in the manner provided in the preceding section or

3.he may rely upon his mortgage or other security alone, and foreclosure the same at any time within the
period of the statute of limitations, and in that event he shall not be admitted as a creditor, and shall
receive no share in the distribution of the other assets of estate; but nothing herein contained shall
prohibit the executor or administrator from redeeming the property mortgaged or pledged, by paying the
debt for which it is held as security, under the direction of the court, if the court shall adjudge it to be for
the best interest of the estate that such redemption shall be made.

Illustration

The decedent, during his lifetime, obtained a loan from the bank. The loan is secured by a real estate
mortgage. Roberto, one of the heirs, was appointed as the administrator of the estate of the decedent.
The settlement court issued notice for all the claimants to file their claims. No one filed a claim, including
the bank. The heirs of Roberto agreed to a partition without first paying the bank. Later, the bank
foreclosed the real estate mortgaged, sold the property in a public auction which declared the bank as
the highest bidder. However, there was deficiency. Thus, the bank filed against the estate in the
settlement court. Should the claim be entertained?

No, because having foreclosed the mortgage, it relied on the security and waived the right to claim the
deficiency. (Heirs of Maglasang vs. Metrobank September 23, 2013)

Rule 86, Section 7.Mortgage debt due from estate. — A creditor holding a claim against the deceased
secured by mortgage or other collateral security, may

1. abandon the security and prosecute his claim in the manner provided in this rule, and share in the
general distribution of the assets of the estate; or

2. he may foreclose his mortgage or realize upon his security, by action in court, making the executor
or administrator a party defendant, and if there is a judgment for a deficiency, after the sale of
the mortgaged premises, or the property pledged, in the foreclosure or other proceeding to
realize upon the security, he may claim his deficiency judgment in the manner provided in the
preceding section or

3. he may rely upon his mortgage or other security alone, and foreclosure the same at any time
within the period of the statute of limitations, and in that event he shall not be admitted as a
creditor, and shall receive no share in the distribution of the other assets of estate; but nothing
herein contained shall prohibit the executor or administrator from redeeming the property
mortgaged or pledged, by paying the debt for which it is held as security, under the direction of
the court, if the court shall adjudge it to be for the best interest of the estate that such redemption
shall be made.
What is the procedure if the executor or administrator has a claim against the estate?

• If the executor or administrator has a claim against the estate he represents, he shall give notice
thereof, in writing, to the court, and the court shall appoint a special administrator, who shall, in
the adjustment of such claim, have the same power and be subject to the same liability as the
general administrator or executor in the settlement of other claims. The court may order the
executor or administrator necessary funds to defend such claim (Section 8, Rule 86)

Section 1, Rule 87 must be related to Section 16, Rule 3

Section 16, Rule 3 Death of party; duty of counsel. — Whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30)
days after such death of the fact thereof, and to give the name and address of his legal representative or
representatives. Failure of counsel to comply with his duty shall be a ground for disciplinary action.The
heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor
heirs.

Problem 4

While D was driving his car, he hit C, a pedestrian causing the latter’s permanent disability. C filed a case
for damages against D. While the case is pending, D died.

(1) Will the case be dismissed?

(2) Supposing there is already a final judgment, how would you execute the judgment?

Answer 1

The case will not be dismissed on account of the death of D. This is an action which survives as it is an
action to recover damages for an injury to person which may be brought against the executor or
administrator under Section 1, Rule 87. Instead of being dismissed, the deceased party will be substituted
by the heirs of the decedent if executor or administrator had not yet been appointed.

Answer 2

The judgment may be executed through execution of the same against the estate of D. It is not necessary
to have such claim be filed in the estate proceedings of the deceased because it is something which may
be enforced against the estate through executor or administrator.

May a creditor bring action in the name of the executor or administrator?

• There is deficiency of assets in the hands of the hand of the executor or administrator for the
payment of debts

• The deceased during his lifetime had made a fraudulent conveyance of his real or personal
property

• The subject of the conveyance would be liable to attachment by anyone of them during his
lifetime

• Executor or administrator has no intention to file

• Motion for leave is granted

• Bond is filed by the creditor

• Action must be in the name of the executor or administrator (Section 10, Rule 87)

When may distribution and partition be made? (Section1 Rule 90)

When the debts, funeral expenses, expenses of administration, the allowance of the widow and
inheritance tax have been paid.
Can there be distribution without payment of the charges and claims against the estate (Section 1 Rule
90)

Yes, when the distributes or any of them gives a bond conditioned upon payment of said obligation.

Section 1. Rule 90 When order for distribution of residue made. — When the debts, funeral charges,
and expenses of administration, the allowance to the widow, and inheritance tax, if any, chargeable to
the estate in accordance with law, have been paid, the court, on the application of the executor or
administrator, or of a person interested in the estate, and after hearing upon notice, shall assign the
residue of the estate to the persons entitled to the same, naming them and the proportions, or parts, to
which each is entitled, and such persons may demand and recover their respective shares from the
executor or administrator, or any other person having the same in his possession. If there is a controversy
before the court as to who are the lawful heirs of the deceased person or as the distributive shares to
which each person is entitled under the law, the controversy shall be heard and decided as in ordinary
cases.

When is a settlement of estate deemed terminated?

It is the order of distribution directing the delivery of the residue of the estate to the persons entitled
thereto that brings to a close the intestate proceedings, puts an end to the administration and relieves
the administrator of his duty. (PCIB vs Escolin), March 29, 1974

Anticipated Bar Problem

With approval of the project of partition and the distribution of the residue of the estate to the heirs, the
court declared the settlement of estate closed and terminated. One of the heirs surfaced. Obviously, he
was not included in the project of partition.

(1) What is the remedy of such heir?

(2) May such heir file an independent action to annul such order of partition?

Answer 1

Such heir may file a motion for the re-opening of intestate proceedings. In Quion vs. Claridad, 74 Phil.
100, it was held that the intestate proceedings although closed and terminated can still be re-opened
within the prescriptive period upon petition therefore of the preterited heir.

Alternative Answer

Such heir has lost his remedy. In Divinagracia vs. Rovina, 72 SCRA 307, The SC ruled that the probate court
erred in reopening the intestate proceeding, a proceeding in rem of which the petitioner is deemed to
have a constructive notice. The order of closing it was already final and executory. The closure order
cannot be disturbed anymore.

Answer 2

No. An independent action will not prosper. In Solivio vs. CA, 182 SCRA 119, the SC ruled that the filing of
a separate action is improper. To allow such is to interfere with the probate proceedings with the court
of equal jurisdiction.

Instances when the probate court may issue writ of execution

• To satisfy the contributive shares of the devisees, legatees and heirs in possession of the decedent
assets (Sec. 6, Rule 88)

• To enforce payment of expenses of partition (Sec. 3, Rule 90)

 • To satisfy the cost when a person is cited for examination (Sec. 13, Rule 142)

Rule 91, Escheats

Escheat is a proceeding whereby the state, by virtue of its sovereignty, steps in and claims the real or
personal property of a person who dies intestate leaving no heir. (Republic vs. Court of Appeals, and
Solano, G.R. No. 143483, January 31, 2002).

Rule 91, Escheats

Escheat is a proceeding whereby the state, by virtue of its sovereignty, steps in and claims the real or
personal property of a person who dies intestate leaving no heir. (Republic vs. Court of Appeals, and
Solano, G.R. No. 143483, January 31, 2002).

Requisites for Escheat (Section 1, Rule 91)

1. That the person died intestate

2. That he left no heirs or persons entitled by law to the estate

3. That deceased left properties

Who may file the petition?

• It must be initiated by the OSG.

• All interested parties, such as actual occupants and the adjacent owners shall be personally
notified of the proceedings and given the opportunity to present their valid claims. (Tan vs. City
of Davao, Sept. 26, 1988)

• “Interested party” is any person alleging to have a direct or interest in the property sought to be
escheated. (Republic vs. Court of Appeals, and Solano, G.R. No. 143483, January 31, 2002)
May the court declare a person presumptively dead in an escheat proceeding?

YES. Vicente Tan vs. City of Davao, September 29, 1988

The Court of Appeals did not err in affirming the trial court's ruling that Dominga Garcia and her heirs may
be presumed dead in the escheat proceedings as they are, in effect, proceedings to settle her estate.
Indeed, while a petition instituted for the sole purpose of securing a judicial declaration that a person is
presumptively dead cannot be entertained if that were the only question or matter involved in the case,
the courts are not barred from declaring an absentee presumptively dead as an incident of, or in
connection with, an action or proceeding for the settlement of the intestate estate of such absentee.

Deceased A’s property was escheated by the State. Within five (5) years from the date of judgment, an
heir appeared.

1. What is the remedy of this heir?

2. What will be the effect of his appearance?

Sec. 4, Rule 91

If a devisee, legatee, heir, widow, widower or other person entitled to such estate appears and files a
claim thereto with the court within five (5) years from the date of such judgment, such person shall have
possession of and title to the same, or if sold, the municipality or city shall be accountable to him for the
proceeds, after deducting reasonable charges for the care of the estate; but a claim not made within said
time shall be forever barred.

Sec. 7, Article XII

Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to
individuals, corporations or associations qualified to acquire or hold land of public domain.

Sec. 5, Rule 91

Until otherwise provided by law, actions for reversion or escheat of properties alienated in violation of
the Constitution or of any statute shall be governed by this rule, except that the action shall be instituted
in the province where the land lies in whole or in part.
 Rule 92 to 97 GUARDIANSHIP
Concept

It is a trust relation in which one person called a “guardian” acts for another called “ward” whom the law
regards as incapable of managing his own affairs.

Purpose

To safeguard the rights and interests of minor and incompetent persons such that the Courts should be
vigilant to see that the rights of such persons are properly protected.

Legal Guardian

A legal guardian is such by provision of law without need for judicial appointment.

•Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In case of disagreement,
the father's decision shall prevail, unless there is a judicial order to the contrary (Family Code).

Guardian Ad Litem

Guardian ad litem is a competent person appointed by the court for the purpose of a particular action or
proceeding involving a minor.

Judicial Guardian

Judicial guardian is a person appointed by the Court for the persons, property or both of the ward to
represent the latter in all acts and litigations.
Guardianship of Incompetents

Who are incompetents?

1. Persons suffering the penalty of civil interdiction Hospitalized lepers

2. Prodigals
3. Deaf and dumb who are unable to read and write,
4. Those who are of unsound mind, even though they have lucid intervals
5. Persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar
causes, cannot, without outside aid, take care of themselves and manage their property,
becoming thereby an easy prey for deceit and exploitation (Sec. 2, Rule 92)

Appointment of Guardian

Who may petition for appointment of guardian for resident?

1. Any relative, friend, or other person on behalf of a (resident minor) or incompetent who
has no parent or lawful guardian,

2. or (the minor himself if fourteen years of age) or over, may petition the court having
jurisdiction for the appointment of a general guardian for the person or estate, or both, of
such (minor) or incompetent.

3. An officer of the Federal Administration of the United States in the Philippines may
also file a petition in favor of a ward thereof, and the

4. Director of Health, in favor of an insane person who should be hospitalized, or in favor

of an isolated leper. (Sec. 1, Rule 93)

Contents of the Petition

1. Jurisdictional facts;
 2. Facts of incompetency
3. Names, age and residences of the relatives of incompetents, or person having the care of
incompetent;
4. Probable value or character his estate;
5. Name of the person for whom letter of guardianship are prayed for

• (Section 2, Rule 93)

Procedure

1. Court shall set the hearing and will issue notice (Section 3, Rule 93)
2. Interested party may file an opposition (Section 4)
3. Hearing on the merits (Section 5)
4. Issuance of letters of guardianship (Section 5)

PLEASE TAKE NOTE: “Publication is not requires in a Petition for Appointment of Guardian.”

Who may petition for appointment of guardian for non- resident?

1. Any relative or

2. friend of such person, or

3. any one interested in his estate, in expectancy or otherwise, may petition a court having
jurisdiction for the appointment of a guardian for the estate, and if, after notice given to
such person and in such manner as the court deems proper, by publication or otherwise,
and hearing, the court is satisfied that such non-resident is a (minor) or incompetent
rendering a guardian necessary or convenient, it may appoint a guardian for such estate.
(Sec. 6, Rule 93)

Grounds for Opposition

Section 4.Opposition to petition. — Any interested person may, by filing a written opposition, contest
the petition on the ground of (majority of the alleged minor), competency of the alleged incompetent, or
the insuitability of the person for whom letters are prayed, and may pray that the petition be dismissed,
or that letters of guardianship issue to himself, or to any suitable person named in the opposition.

Bond of Guardian

1. Bond to be given before the letters of guardianship is issued (Sec. 1, Rule 94)

2. Bond is subject to the following conditions:

• To make and return inventory of property within three (3) months

• To faithfully execute the duties of his trust
• To render true and just account of all the estate of his ward

When new bond may be required

Section 2.When new bond may be required and old sureties discharged. — Whenever it is deemed
necessary, the court may require a new bond to be given by the guardian, and may discharge the sureties
on the old bond from further liability, after due notice to interested persons, when no injury can result
therefrom to those interested in the estate (Rule 94).

How to claim on the bond executed by the guardian in case the guardian failed to perform his obligation
for the bond was issued

Section 3.Bonds to be filed. Actions thereon. — Every bond given by a guardian shall be filed in the office
of the clerk of the court, and, in case of the breach of a condition thereof, may be prosecuted in the same
proceeding or in a separate action for the use and benefit of the ward or of any other person legally
interested in the estate (Rule 94).

Selling and Encumbering the Property of the Ward

• The property of the ward can only be sold or encumbered upon petition to be filed by the guardian
in the Court which issued letters of guardianship

• The sale or encumbrance must be for the benefit of the ward which benefit must be shown to the
Court (Section 1, Rule 95)

Please take NOTE:

It is not necessary for the grant of authority to the guardian to sell the estate of the ward to state that the
income “is insufficient to maintain the ward and his family or to maintain and educate the ward when
minor.” It is enough, as other alternative of the law provides, that “it appears to the satisfaction of the
court that it is for the benefit of the ward and his real estate or some part thereof should be sold, and the
proceeds thereof put out at interest, or invested in some productive security” (Pardo de Tavera vs. El
Hogar Filipino, GR No. L-5893, February 28, 1956).

Procedure

A Petition should be filed by the guardian (Sec. 1, Rule 95)

1. Court shall issue an order directing the next of kin of the ward, or all person interested in the state
of the ward to appear on the day and time set by the Court (Sec. 2, Rule 95)

2. The petitioner and next of kin or any other interested person will be heard (Sec. 3, Rule 95)

3. The Court will either grant or deny the petition (Sec. 4, Rule 95)

Please take NOTE:

No order of sale granted in pursuance of this section shall continue in force more than one (1) year after
granting the same, without a sale being had (Sec. 4, Rule 95).

Powers and Duties of Guardians

1. Basic obligation of the guardian is to have care and custody of the person of his ward, and the
management of his estate. (Sec. 1, Rule 96)

2. Pay the debts of the ward out of his personal estate (Sec. 2, Rule 96)

3. Settle accounts, collect debts, and prosecute and defend suit for the ward (Sec. 3, Rule 96)

4. To manage the estate frugally (Sec. 4, Rule 96)

5. To make inventory and accounting (Sec. 6, Rule 96)

What action is to be taken if a person is suspected of embezzling or concealing property of the ward?

Section 6.Proceedings when the person suspected of embezzling or concealing property of ward. —
Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the
estate of the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled,
concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the
ward or his estate, the court may cite the suspected person to appear for examination touching such
money, goods, interest, or instrument, and make such orders as will secure the estate against such
embezzlement, concealment or conveyance (Rule 96).
Please take NOTE:

A guardianship court only has the power to cite such person to obtain information on the property.
Generally, the guardianship court exercising special and limited jurisdiction cannot actually order the
delivery of the property of the ward found to be embezzled, concealed or conveyed. Only in extreme case
where the property of the ward or where his title thereto has been judicially decided, may the court direct
its delivery to the guardian (Parco vs. CA, GR L-33152, January 30, 1982, citing Cui vs. Piccio).

Termination of Guardianship

1. When the person is no longer incompetent (Sec. 1, Rule 97)

2. When the guardian is removed or resigned (Sec. 2, Rule 97)

3. Grounds for removal:

4. Insanity

5. Incapable of discharging his trust or unsuitable therefore

6. Mismanagement

Guardianship of Minor
(A.M. 03-02-05-SC)

The Rule is applicable to petition for guardianship of the person or property of the minor (Sec. 1)

• Parents are the legal guardians of the minor without necessity of court appointment (Sec. 1)

• But: they have to file bond in accordance with Sec. 16.

• Vancil vs. Belmes, June 19, 2001

Who between the mother and paternal grandmother should be the guardian of the minor?

It is the mother pursuant to Article 211 of the FC

Who may file the Petition? (Section 2)

1.Relative
2. Other person on behalf of the minor
3. Minor, himself, if fourteen (14) years or over.
4. DSWD or DOH for insane minor who needs to be hospitalized.

Venue and Jurisdiction (Section 3)

1. Family Court of the province or city where the minor resides;

2. If the minor resides in foreign country, in the Family Court of the province or city where his
property is located.

Grounds

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;
or

4. When the best interests of the minor so require.

Qualification

1. Moral character;
2. Physical, mental and psychological condition;
3. Financial status
4. Relationship of trust with the minor;
5. Availability to exercise the powers and duties of a guardian for the full period of the guardianship;
6. Lack of conflict of interest with the minor; and
7. Ability to manage the property of the minor (Section 5)

Please take NOTE:

In Vancil vs. Belmes, G.R. No. 132223, June 19, 2001, the SC held that courts should not appoint persons
as guardians who are not within the jurisdiction of our courts for they will find it difficult to protect the
wards.

Procedure

1. Filing of Petition (Sec. 7)

2. Setting of time and notice of hearing through the Court’s Order (Sec. 8)
3. Order case study Report (Sec. 9)
4. Opposition to petition (Sec 10)
5. Hearing of Petition and Opposition (Sec. 11)
6. Filing of bond (Sec. 14)
7. Decision (Sec. 11)
8. Final Decision shall be sent to LCR and RD (Sec. 13)
9. If non-resident, petition may be filed with any relative or friend or any person interested in the
estate (Sec. 12)
Grounds for Termination (Section 24)

1. Ward is of legal age already

2. Death of the ward
3. Motu propio or verified motion

Rule 98 – Trustees
What situation is Rule 98 applicable

• Rule 98 applies when an express trust is created by a will or written instrument.

• For instance, if there is a property which under the provision of the will should be held in trust for
a certain period and for a stated purpose, then, a trustee may be appointed by the Court.

What is trust?

• A trust is a confidence reposed in one person, called the trustee, for the benefit of another called
the cestui que trust, with respect to the property held by the former for the benefit of the latter.

ADOPTION
(A.M. No. 02-6-02-SC)

Who may adopt?

1. Any Filipino citizen 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; who is 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 children in keeping with the means of the
family (Section 4 (1)).

• Please Take Note:

The requirement of a 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.

2. Any alien possessing the same qualification as above-stated for Filipino nationals. Provided:

a) His country has diplomatic relations with the Republic of the Philippines;
 b) That he has been living in the Philippines for at least three (3) continuous years prior to the
filing of the petition for adoption and maintains such residence until the adoption decree is
entered;

c) He has been certified by his diplomatic or consular office or, any appropriate government
agency to have the legal capacity to adopt in his country and that his government allows the
adoptee to enter his country as his adopted child.

When residency or required certification be waived?

• The requirements on residency and certification of the alien’s qualification to adopt in his country
may be waived for the following:

• A former filipino citizens who seeks to adopt a relative within the fourth (4 th) degree of
consanguinity or affinity; or

• One who seeks to adopt the legitimate child of his Filipino spouse; or

• One who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within
the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.

3. The guardian with respect to the ward after the termination of the guardianship and clearance of
his financial accountabilities (Section 4)

Husband and Wife required to adopt jointly: Exceptions:

• Husband and wife shall jointly adopt, except in the following cases:

a) If one spouse seeks to adopt the legitimate child of one spouse by the other spouse by the other
spouse; or

b) If one spouse seeks to adopt his own illegitimate child. Provided however, that the other spouse
has signified his consent thereto; or

c) If the spouses are legally separated from each other.

Who may be adopted?

(1) Any person below eighteen (18) years of age who has been voluntarily committed to the
Department under Article 154,155 and 156 of PD No. 603 or judicially declared available for
adoption;

(2) The legitimate child of one spouse, by the other spouse;

(3) An illegitimate child by a qualified adopter to raise the status of the former to that of legitimacy;

(4) A person of legal age regardless of civil status, if prior to the adoption, said person has been
consistently considered and treated by the adopters as their own child since minority;

(5) A child whose adoption has been previously rescinded; or

(6) A child whose biological or adoptive parents have died: Provided, that no proceedings shall be
initiated within six (6) months from the time of death of said parents.

(7) A child not otherwise disqualified by law or these rules. (Section 5)

What is the venue in adoption?

Section 6. Venue - petition for adoption shall be filed with the Family Court of the province or city where
the prospective adoptive parents reside.

What are the effect of adoption?

• It makes a child, whether related or not to the adopter, possess in general, the rights are accorded
to a legitimate child (In the matter of Adoption of Stephanie Nathy Astorga Garcia, 494 Phil 515)

• It effects this new status of relationship between the child and its adoptive parents;

• It changes the name of the adoptee

• It confers on the adoptee a title to the rights and privileges, such as support and successional
rights.

May adoption be rescinded?

Yes. Adoption may be rescinded.

Please take Note:

• Adopter cannot rescind the adoption. It may only be rescinded by the adoptee (Section 19)

Venue Rescission

Section 20. Venue - The petition shall be filed with the Family Court of the city or province where the
adoptee resides.

B. INTER-COUNTRY ADOPTION

When may inter-country adoption applicable

• Inter-country adoption applies to the adoption of a Filipino child by foreign nationals and Filipino
citizens permanently residing abroad.

Who may be adopted under inter-country adoption?

• Only a legal free child may be the subject of inter-country adoption. By definition, a legally-free
child means a child who has been voluntarily or involuntarily committed to the DSWD, in
accordance with the Child and Youth Welfare Code (Suzuki vs. OSG GR No, 212302)
Where shall petition be filed?

• A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen
permanently residing abroad with the family Court having jurisdiction over the place where the
child resides or may be found (Section 28)

• It may be filed directly with the Inter-Country Adoption Board (Section 28).

What should the Family Court do with the Petition under Inter-Country adoption?

• The court after finding that the petition is sufficient in form and substance and a proper case for
inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption
Board for appropriate action (Section 32)

SUZUKI VS. OSG, R.R. No. 212302 September 2, 2020

• Petitioner was the son of Suzuki, a Japanese national and Lorie, a Filipina who were married in
the Philippines. Petitioner was registered as a Filipino. Suzuki and Lorie divorced. Later, Lorie
married another Japanese man, Hayashi. Hayashi adopted Petitioner in Japan when the latter
was 16 years old.

• Petitioner, when he was already 26 years old, filed a Petition for Judicial recognition of his foreign
adoption decree. It was denied by the RTC on the ground that there are only two (2) ways by
which a Filipino child may be adopted: 1) under inter-country adoption; and 2) under domestic
adoption.

• The decision of the RTC is not correct.

• It is an established international legal principle that final judgment of foreign courts of

competent jurisdiction are reciprocal respected and rendered efficacious subject to certain
condition that vary in different countries. “In the recognition of foreign judgments. Philippine
courts are incompetent to substitute their judgment on how a case was decided under foreign
law.” They are limited to the question of whether to extend the effect of the foreign judgment
in the Philippines. Thus, in a foreign judgment relating to the status of adoption involving a
citizen of a foreign country. Philippine courts will only decide whether to extend its effect to the
Filipino party.

Rule 102- Habeas Corpus

What is the coverage of the writ of habeas corpus?

Deprivation of liberty

Deprivation of the rightful custody of any person from the person entitled thereto

Writ may be availed of under exceptional circumstances:

1. There has been a deprivation of a constitutional right resulting in the restraint of a person;

2. The court has no jurisdiction to impose the sentence;

3. Imposed penalty has been excessive as to such excess (Go vs. Dimagiba, June 21, 2005)

Who may grant the writ?

Supreme Court (Section 5, Article VIII, 1987 Constitution) Or any member thereof (Sec. 2, Rule 102)
 • Writ issued by SC is enforceable anywhere in the Philippines, (id.)

• Returnable before the SC, or any member thereof, or before the CA or any member thereof, or
the RTC or any Judge thereof. (id.)

Court of Appeals (Section 9, B.P. 129) Or any member thereof, (Sec. 2, Rule 102)

1. Writ issued by CA is enforceable anywhere in the Philippines, (id.)

2. Returnable before the CA or any member thereof, or the RTC or any Judge thereof. (id.)

Regional Trial Court (Section 21, B.P. 129)

1. Or any judge thereof (Sec. 2, Rule 102)

2. Writ issued by RTC is enforceable within its judicial region, (id.)

3. Returnable before the judge thereof, (id.)

Sandiganbayan (Section 4 (c), par. 4, R.A. 8049, amended by RA10660)

• The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the
writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs
and processes in aid of its appellate jurisdiction and over petitions of similar nature, including
quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986:

• Provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

What are the form and contents of Petition?

• The petition must be signed and verified by a party for whose relief it is intended or some person
on behalf of the person in whose behalf the petition is filed.

• Must contain the following:

(a) That the person in whose behalf the application is made is imprisoned or restrained on his liberty;
(b) The officer or name of the person by whom he is so imprisoned or restrained; or, if both are
unknown or uncertain, such officer or person may be described by an assumed appellation, and
the person who is served with the writ shall be deemed the person intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such person, if it can be procured without
impairing the efficiency of the remedy; or, if the imprisonment or restraint is without any legal
authority, such fact shall appear.

OCA VS. JUDGE PERELLO, A.M. No. RTJ-05-1952

• A judge cannot grant a writ of habeas corpus without the pertinent copies of detention and
judgment of conviction. To do so would be contrary to the provision of Section 3(d), Rule 102.
Instances where the writ are not allowed

If the person is under custody by virtue of the process issued by the court or judge

1. By virtue of a judgment or order of a court of record which has jurisdiction to issue the process,
render judgment or make order;

2. If the person is charged;

3. If the person is convicted;

4. If the person is suffering imprisonment under lawful judgment.(Section 4, Rule 102)

Reason

Under Section 1, Rule 102, the writ of habeas corpus extends to all cases of illegal confinement or
detention by which any person is deprived of his liberty, or by which the rightful custody of any person is
withheld from the person entitled thereto.

The remedy has one objective: to inquire into the cause of detention of a person, and if found illegal, the
court orders the release of the detainee. If, however, the detention is proven lawful, the habeas corpus
proceedings terminates (In the matter of Petition for Habeas Corpus of Kunting, April 19, 2006).

Problem 1

Carla filed a complaint before the police station for rape against Louie allegedly committed three (3)
months ago. Louie was invited for questioning in the police station regarding the complaint filed by Carla,
to which Louie acceded. However, instead of being just questioned, Louie was detained. Louie protested
the arrest. Consequently, through his lawyer, Louie filed a Petition for Writ of Habeas Corpus before the
Regional Trial Court against the police officers who detained him.

Meanwhile, an Information for rape was filed against Louie. Thus, the Court where the case was raffled
issued a commitment order to transfer the custody of the accused from the police station to the BJMP.

With this development, would it be proper for the Court to grant the Petitioner for Writ of Habeas
Corpus?

Answer

No. It is not proper for the Court to grant the Petition for Writ of Habeas Corpus.

• Section 4, Rule 102 provides for the instances where the writ shall not be allowed. One of which
is when the person is under custody by virtue of the process issued by the court or judge. In this
case, the Louie is under custody because of the case filed against him in court and the
commitment order issued by the same court. Thus, there is legal ground to detain Louie.

• "[T]he filing of charges, and the issuance of the corresponding warrant of arrest, against a person
invalidly detained will cure the defect of that detention or at least deny him the right to be
released because of such defect.“ (Sanchez vs. Demetriou, 227 SCRA 627 [1993]).

Problem 2

Facts: Atty. Dalaig, head of the legal department of Comelec was killed. PO1 Ampatuan was identified as
the perpetrator. Accordingly, he was arrested and subjected to an inquest proceedings. Meanwhile, an
administrative case for grave misconduct was filed against PO1 Ampatuan. The Chief PNP, on account of
the administrative complaint filed against him, subjected PO1 Ampatuan to a restrictive custody.
Meanwhile, the Prosecutor’s Office recommended further investigation on the criminal case filed against
PO1 Ampatuan and ordered his release. He was not released by the PNP.

Will writ of habeas corpus lie?

Answer

Writ of Habeas Corpus will not lie.

The restrictive custody of PO1 Ampatuan is valid and in accordance with law. Restrictive custody of the
members of the PNP facing administrative charges may be placed under restrictive custody under RA 6975
as amended by RA 8551.

Therefore, the confinement of PO1 Ampatuan is by virtue of the authority of the law. (Ampatuan vs.
Macaraig, G.R. No. 142497, June 29, 2010)

Velasco vs. CA, 245 SCRA 677

Even granting that a person was illegally arrested, still the petition for a writ of habeas corpus will not
prosper because his detention has become legal by virtue of the filing before the trial court of the
complaint against him and by the issuance of the order denying the accused’s motion to dismiss or grant
bail and granting the motion of the prosecution for the issuance of a hold departure order. The order
qualifies as a process within the meaning of Section 4, Rule 102.

What happen if the petition is sufficient in form and substance?

SECTION 5.When the Writ Must Be Granted and Issued. — A court or judge authorized to grant the writ
must, when a petition therefor is presented and it appears that the writ ought to issue, grant the same
forthwith, and immediately thereupon the clerk of the court shall issue the writ under the seal of the
court; or in case of emergency, the judge may issue the writ under his own hand, and may depute any
officer or person to serve it.

Duty to make a “return”

SECTION 8. How Writ Executed and Returned. — The officer to whom the writ is directed shall convey
the person so imprisoned or restrained, and named in the writ, before the judge allowing the writ, or, in
case of his absence or disability, before some other judge of the same court, on the day specified in the
writ, unless, from sickness or infirmity of the person directed to be produced, such person cannot, without
danger, be brought before the court or judge; and the officer shall make due return of the writ, together
with the day and the cause of the caption and restraint of such person according to the command thereof.

Contents of the Return Section 10

(a) Whether he has or has not the party in his custody or power, or under restraint;
 (b) If he has the party in his custody or power, or under restraint, the authority and the true and
whole cause thereof, set forth at large, with a copy of the writ, order, execution, or other process,
if any, upon which the party is held;

(c) If the party is in his custody or power or is restrained by him, and is not produced, particularly the
nature and gravity of the sickness or infirmity of such party by reason of which he cannot, without
danger, be brought before the court or judge;

(d) If he has had the party in his custody or power, or under restraint, and has transferred such
custody or restraint to another, particularly to whom, at what time, for what cause, and by what
authority such transfer was made.

Preemptory writ of habeas corpus vs. writ of preliminary citation

• A peremptory writ of habeas corpus is written document unconditionally commanding the

respondent to have the body of detained person before the court at a time and place specified
therein. This is different from a writ of preliminary citation, which requires the respondent to
appear and show cause why peremptory writs should not be granted (In the Matter of the
Petition for Habeas Corpus of Alejano vs. Cabuay G.R. No. 160792, August 25, 2005).

• In habeas corpus petition, the order to present an individual before the court is a preliminary step
in the hearing petition. The respondent must produce the person and explain the cause of his
detention. However, this order is not a ruling on the propriety of the remedy or on the substantive
matter covered by the remedy. Thus, the order to produce the body is not equivalent to the grant
of writ of habeas corpus (In the Matter of the Petition for Habeas Corpus of Alejano vs. Cabuay,
GR. No. 160792, August 25, 2005)

What to do after the “return” is filed

1. Hearing in accordance with Section 12.

2. Sufficiency of return

When the Return Evidence, and When Only a Plea. — If it appears that the prisoner is in custody under
a warrant of commitment in pursuance of law, the return shall be considered prima facie evidence of the
cause of restraint; but if he is restrained of his liberty by any alleged private authority, the return shall be
considered only as a plea of the facts therein set forth, and the party claiming the custody must prove
such facts. (Section 13)

How to appeal the decision?

Section 3, Rule 41

•Period of ordinary appeal; appeal in habeas corpus cases. — The appeal shall be taken within fifteen
(15) days from notice of the judgment or final order appealed from. Where a record on appeal is required,
the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the
judgment or final order. However, an appeal in habeas corpus cases shall be taken within forty-eight (48)
hours from notice of the judgment or final order appealed from.

Writ vs. Privilege of the Writ of Habeas Corpus

• A writ of habeas corpus is issued by the Court after finding that the petition is sufficient in form
and substance. It is an order commanding the person who has custody of the person detained or
an officer commanding him to bring the person detained before the court on the designated time
and place.
 • The privilege of the writ of habeas corpus is issued after the return is filed and a hearing was
conducted. If the Court finds the person is illegally detained or whose custody is being possessed
by a person who is not authorized by law, the petition will be granted and the privilege of the writ
of habeas corpus will be issued.

Habeas Corpus Involving Custody of Minor

A.M. NO. 03-04-04-SC, APRIL 22, 2003

•RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS

Section 20

• Petition for writ of habeas corpus. — A verified petition for a writ of habeas corpus involving
custody of minors shall be filed with the Family Court. The writ shall be enforceable within its
judicial region to which the Family Court belongs.

• However, the petition may be filed with the regular court in the absence of the presiding judge of
the Family Court, provided, however, that the regular court shall refer the case to the Family Court
as soon as its presiding judge returns to duty.

• The petition may also be filed with the appropriate regular courts in places where there are no
Family Courts.

• The writ issued by the Family Court or the regular court shall be enforceable in the judicial region
where they belong.

• The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its
members and, if so granted, the writ shall be enforceable anywhere in the Philippines. The writ
may be made returnable to a Family Court or to any regular court within the region where the
petitioner resides or where the minor may be found for hearing and decision on the merits.

A. M. No. 07-9-12-SC Rule on the Writ of Amparo

Section 1, Amparo Rule

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and
security is violated or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity.

The writ shall cover extralegal killings and enforced disappearances or threats thereof.

To whom shall the remedy of amparo available?

Available to any person whose right to life, liberty and security is violated or threatened with violation
by an unlawful act or omission of a public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats thereof. (Sec. 1)

Nature of Amparo as a Remedy

• It is preventive in that it breaks the exception of impunity in the commission of these offenses,
and it is curative in that it facilitates the subsequent punishment of perpetrators by inevitably
leading to subsequent investigation and action ( Rodriguez vs. Arroyo G.R. 191805, April 16 2013)

Extralegal killings and enforced disappearance

• Extralegal killings are killings committed without due process of law, i.e. without legal safeguards
or judicial proceedings.

• Enforced disappearance has been defined by the Court as the arrest, detention, abduction, or
any other form of deprivation of liberty by agents of the State or by a persons or groups of person
acting with the authorization, support or acquiescence of the State, followed by a refusal to
acknowledge the deprivation of liberty by concealment of the fate or whereabouts of the
disappeared person, which place such a person outside the protection of the law (Mamba vs.
Bueno, GR No. 191416, 7 February 2017)

What is the intention of the Rule?

• The writ of amparo was originally conceived as a response to the extraordinary rise in the
number of killings and enforced disappearance, and to the perceived lack of available and
effective remedies to address these extraordinary concerns. It is intended to address violations
of or threats to the rights to life, liberty and security, as an extraordinary and independent
 remedy beyond those available under the prevailing Rules (Castillo vs. Cruz G.R. No 182165,
November 25, 2009)

PLEASE TAKE NOTE: Writ of Amparo is not the proper remedy if there is no government participation.

SPOUSES SANTIAGO VS. TULFO, G.R. NO 205039, October 21, 2015

• Ramon Tulfo and Raymark engaged in a brawl. As a result, the Tulfo brothers aired on their TV
Program comments and expletives threatening retaliation against Spouses Santiago.
Consequently, spouses Saantiago filed a Petition for Writ of Amparo against the Tulfo’s. The
latter filed a Motion to Dismiss. Spouses Santiago opposed the motion on the ground that it is a
prohibited pleading.
• Should the motion to dismissed be granted?

• Yes. It should be granted.

• The Supreme Court ruled that there is no showing in the Petition that there is extra-judicial killing
or enforced disappearance the way they are understood under the Rules on Writ of Amparo.
Simply put, there is no showing in the Petition that there is government involvement otr
participation. The SC said:

• The petition is merely anchored on a broad invocation of respondent’s purported violation of

their right to life and security carried out by private individuals without any showing of direct or
indirect government participation. Thus, it is apparent that their amparo petition fails outside
the purview of A.M. No. 07-9-12-sc and perforce must fail.

Canlas vs. Napico Homeowners Assn. June 5, 2008

• Petitioners are being demolished from their dwellings. They filed the petition against the
“unprincipled land official” to hold them accountable for their participation in the issuances of
alleged fraudulent and spurious title.

• The threatened demolition of a dwelling by virtue of a final judgment of the court, which in this
case was affirmed with finality by this Court in G.R. Nos. 177448, 180768, 177701, 177038, is not
included among the enumeration of rights as stated in the above-quoted Section 1 for which the
remedy of a writ of amparo is made available. Their claim to their dwelling, assuming they still
have any despite the final and executory judgment adverse to them, does not constitute right to
life, liberty and security. There is, therefore, no legal basis for the issuance of the writ of amparo.

Reyes vs. Gonzalez, Dec. 3, 2009

A case for rebellion was filed against Reyes. Consequently, a HDO was issued against him. Later, the case
filed against him was dismissed. However, the HDO was not lifted.
He filed the petition claiming that his right to travel which is included in the right to liberty is violated.

Petition dismissed.

The Court, in Secretary of National Defense et al. v. Manalo et al., made a categorical pronouncement that
the Amparo Rule in its present form is confined to these two instances of "extralegal killings" and
"enforced disappearances"

Caram vs. Segui, August 5, 2014

Petitioner Ma. Christina Yusay Caram (Christina) had an amorous relationship with Marcelino Gicano
Constantino III (Marcelino) and eventually became pregnant with the latter's child without the benefit of
marriage. After getting pregnant, Christina mislead Marcelino into believing that she had an abortion
when in fact she proceeded to complete the term of her pregnancy. During this time, she intended to
have the child adopted through Sun and Moon Home for Children (Sun and Moon) in Parañaque City to
avoid placing her family in a potentially embarrassing situation for having a second illegitimate son.

Christina gave birth to Baby Julian at Amang Rodriguez Memorial Medical Center, Marikina City. Sun and
Moon shouldered all the hospital and medical expenses. On August 13, 2009, Christina voluntarily
surrendered Baby Julian by way of a Deed of Voluntary Commitment to the DSWD. On November 26,
2009, Marcelino suffered a heart attack and died without knowing about the birth of his son. Thereafter,
during the wake, Christina disclosed to Marcelino's family that she and the deceased had a son that she
gave up for adoption due to financial distress and initial embarrassment. Marcelino's family was taken
aback by the revelation and sympathized with Christina. After the emotional revelation, they vowed to
help her recover and raise the baby. They filed an amparo case against DSWD.

Petition dismissed. His pronouncement on the coverage of the writ was further cemented in the latter
case of Lozada, Jr. v. Macapagal-Arroyo where this Court explicitly declared that as it stands, the writ of
amparo is confined only to cases of extrajudicial killings and enforced disappearances, or to threats
thereof.

Who may file?

• Aggrieved party
• Any member of the immediate family, namely: the spouse, children and parents of the aggrieved
party;

• Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity and affinity. in default of those mentioned in the preceding paragraph.

• Any concerned citizen, organization, association or institution, if there is no known member of

the immediate family or relative of the aggrieved party. ( Section 2)
Against whom it be filed?

Section 1. Petition – The petition for a writ of Amparo is a remedy available to any person whose right to
life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity.

PLEASE TAKE NOTE: Even if a person sought to be accountable or responsible in an amparo petition is a
private individual or entity, the government involvement remains an indispensable element

• There must be a state participation.

(Navia vs. Pardico, 673 SCRA 618)

ENFORCED DISAPPEARANCE

• “The arrest, detention, abduction or any other form of deprivation of liberty by agents of the
State or by persons or groups of persons acting with the authorization, support or acquiescence
of the State, followed by a refusal acknowledge the deprivation of liberty or by concealment of
the fate or whereabouts of the disappeared persons, which place such person outside the
protection of the law.”

Where to file? Section 3

• The Petition may be filed on any day and at any time with the Regional Trial Court of the place
where the threat, act, or omission was committed or any of its elements occurred, or with the
Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The writ
shall be enforceable anywhere in the Philippines.

• When issued by the Regional Trial Court or any judge thereof, the writ shall be returnable before
such court or judge.

• When issued the Sandiganbaayan or Court of Appeals or any of their justices, it may be returnable
before such court or any justice thereof, or any Regional Trial Court of the place where the threat,
act or omission was committed or any of its elements occurred.

• When issued by the Supreme Court or any of its justices, it may be returnable before such Court
or any justices thereof, or before the Sandiganbayan or the Court of Appeals or any of their
justices, or to any Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.

Contents of Petition (Section 5)

The petition shall be signed and verified and shall allege the following:

a. The personal circumstances of the petitioner;

b. The name and personal circumstances of the respondent responsible for the threat, act or
omission, or, if the name is unknown or uncertain, the respondent may be described by an
assumed appellation;
c. The right to life, liberty and security of the aggrieved party violated or threatened with violation
by an unlawful act or omission of the respondent, and how such threat or violation is committed
with the attendant circumstances detailed in supporting affidavits;
d. The investigation conducted, if any, specifying the names, personal circumstances, and addresses
of the investigating authority or individuals, as well as the manner and conduct of the
investigation, together with any report;
e. The actions and recourses taken by the petitioner to determine the fate or whereabouts of the
aggrieved party and the identity of the person responsible for the threat, act or omission; and
f. The relief prayed for.
The petition may include a general prayer for other just and equitable reliefs.

Effect of Failure to comply with Section 5; DISMISSAL

Canlas vs. Napico Homeownners, 554 SCRA 208

Castillo vs. Cruz, 605 SCRA 628

Tapuz vs. Del Rosario, 554 SCRA 768

Relaxation of the Section 5

Razon vs. Tagitis, 606 SCRA 598 – failure to attached supporting affidavits

Saez vs. Macapagal-Arroyo, 681 SCRA 678 – defective verification

Initial Action of the Court

Section 6. Issuance of the Writ. — Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the
writ under the seal of the court; or in case of urgent necessity, the justice or the judge may issue the writ
under his or her own hand, and may deputize any officer or person to serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later than
seven (7) days from the date of its issuance.

The issuance of the writ sets in motion the amparo proceedings

What is to be filed by the respondent?

Within five (5) working days - Verified written RETURN which shall contain:
• The lawful defenses to show that the respondent did not violate or threaten with violation the
right to life, liberty and security of the aggrieved party, through any act or omission;

• The steps or actions taken by the respondent to determine the fate or whereabouts of the
aggrieved party and the person or persons responsible for the threat, act or omission;

• All relevant information in the possession of the respondent pertaining to the threat, act or
omission of the aggrieved;

• If the respondent is a public official or employee, the return shall further state the actions that
have been or will still be taken:

(i) to verify the identity of the aggrieved party;

(ii) to recover and preserve evidence related to the death or disappearance of the person
identified in the petition which may aid in the prosecution of the person or persons
responsible;

(iii) to identify witnesses and obtain statements from them concerning the death or
disappearance;

(iv) to determine the cause, manner, location and time of death or disappearance as well as any
pattern or practice that may have brought about the death or disappearance;

(v) to identify and apprehend the person or persons involved in the death or disappearance; and
 (vi) to bring the suspected offenders before a competent court.

PLEASE TAKE NOTE:

THE PERIOD TO FILE A RETURN CANNOT BE EXTENDED EXCEPT ON HIGHLY MERITORIOUS GROUND.

The return shall also state other matters relevant to the investigation, its resolution and the prosecution
of the case.

A general denial of the allegations in the petition shall not be allowed.

TAKE NOTE: RETURN should be filed not an ANSWER

What is standard of totality of evidence?

It is the consideration of all the pieces of evidence adduced in their totality, and to consider any evidence
otherwise inadmissible under our usual rules to be admissible if it is consistent with the admissible
evidence adduced. In other words, it is the reduction of the rules to the most basic test of reason — i.e.,
to the relevance of the evidence to the issue at hand and its consistency with all other pieces of adduced
evidence. Thus, even hearsay evidence can be admitted if it satisfies this basic minimum test (Razon, Jr.
v. Tagitis, December 3, 2009, 606 SCRA 598)

Quantum of Evidence and Burden of Proof

• Substantial Evidence

• The respondent who is a private individual or entity must prove that ordinary diligence as required
by applicable laws, rules and regulations was observed in the performance of duty.

• The respondent who is a public official or employee must prove that extraordinary diligence as
required by applicable laws, rules and regulations was observed in the performance of duty.

• The respondent public official or employee cannot invoke the presumption that official duty has
been regularly performed to evade responsibility or liability.

Judgment

Section 18. Judgment. — The court shall render within ten (10) days from the time the petition is
submitted for decision If the allegations in the petition are proven by substantial evidence, the court shall
grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege
shall be denied.

When and where to appeal?

SECTION 19. Appeal

Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The appeal
may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the adverse judgment.

The appeal shall be given the same priority as in habeas corpus cases.

Consolidation

SECTION 23.Consolidation. — When a criminal action 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.

Effect of Filing a Criminal action

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

The procedure under this Rule shall govern the disposition of the reliefs available under the writ of
amparo.
De Lima vs. Gatdula, G.R. No. 204528, February 19, 2013

Gatdula filed a Petition for Writ of Amparo before the RTC of Manila. The case was raffled to Judge
Pampilo. Judge Pampilo issued summons to the respondents and required the latter to file an Answer.
Judge Pampilo proceeded with the hearing even without the Answer. Later he ordered the parties to
submit their respective Memorandum.

Thereafter, Judge Pampilo rendered a decision granting the issuance of the writ of amparo.De Lima,
et.al., filed a Petition for Review under Rule 45 in accordance with Section 19, of the Rule.
De Lima vs. Gatdula, G.R. No. 204528, February 19, 2013

It is initiated through a petition to be filed in a Regional Trial Court, Sandiganbayan, the Court of Appeals,
or the Supreme Court.

The judge or justice then makes an "immediate" evaluation of the facts as alleged in the petition and the
affidavits submitted "with the attendant circumstances detailed“

After evaluation, the judge has the option to issue the Writ of Amparo or immediately dismiss the case.

The court compels the respondents to appear before a court of law to show whether the grounds for more
permanent protection and interim reliefs are necessary.

The respondents are required to file a Return after the issuance of the writ through the clerk of court. The
Return serves as the responsive pleading to the petition.

There will be a summary hearing only after the Return is filed to determine the merits of the petition and
whether interim reliefs are warranted.

If the Return is not filed, the hearing will be done ex parte.

After the hearing, the court will render the judgment within ten (10) days from the time the petition is
submitted for decision.

If the allegations are proven with substantial evidence, the court shall grant the privilege of the writ and
such reliefs as may be proper and appropriate.

The privilege of the Writ of Amparo should be distinguished from the actual order called the Writ of
Amparo. The privilege includes availment of the entire procedure outlined in A.M. No. 07-9-12-SC, the
Rule on the Writ of Amparo.

After examining the petition and its attached affidavits, the Return and the evidence presented in the
summary hearing, the judgment should detail the required acts from the respondents that will mitigate,
if not totally eradicate, the violation of or the threat to the petitioner's life, liberty or security.

A. M. No. 08-1-16-SC Rule on the Writ of Habeas Data

What is writ of “Habeas Data”?

SECTION 1.Habeas Data. — The writ of habeas data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of
data or information regarding the person, family, home and correspondence of the aggrieved party.

What is the nature of the remedy?

The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security
is violated or threatened by an unlawful act or omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or storing of data or information regarding the
person, family, home and correspondence of the aggrieved party (Vivares vs. STC, September 29, 2014).

It is an independent and summary remedy designed to protect the image, privacy, honor, information,
and freedom of information and freedom of information of an individual, and to provide a forum to
enforce one’s right to the truth and to informational privacy. It seeks to protect a person’s right to control
information regarding oneself, particularly in instances in which such information is being collected
through unlawful means in order to achieve unlawful ends (Vivares vs. STC, September 29, 2014)

The writ, however, will not issue on the basis merely of an alleged unauthorized access to information
about a person. Availment of the writ requires the existence of a nexus between the right to privacy on
the one hand, and the right to life, liberty or security on the other.

NOTE: The writ of habeas data is not only confined to cases of extralegal killings and enforced
disappearances (Vivares vs. STC, September 29, 2014).

Coverage of the Rule: RIGHT TO INFORMATIONAL PRIVACY

Against whom may it be filed?

• Meaning of "engaged" in the gathering, collecting or storing of data or information.

• The provision, when taken in its proper context, as a whole, irresistibly conveys the idea that
habeas data is a protection against unlawful acts or omissions of public officials and of private
individuals or entities engaged in gathering, collecting, or storing data about the aggrieved party
and his or her correspondences, or about his or her family. Such individual or entity need not be
in the business of collecting or storing data.(Vivares vs. STC)

Who may file(Section 2)

1. Any aggrieved party may file a petition for the writ of habeas data.

2. However, in cases of extralegal killings and enforced disappearances, the petition may be filed
by:

(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children
and parents; or

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil
degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph.

Where to File
• The petition may be filed with the Regional Trial Court where the petitioner or respondent
resides, or that which has jurisdiction over the place where the data or information is gathered,
collected or stored, at the option of the petitioner.
 • The petition may also be filed with the Supreme Court or the Court of Appeals or the
Sandiganbayan when the action concerns public data files of government offices (Section 3).

Where returnable

1. When the writ is issued by a Regional Trial Court or any judge thereof, it shall be returnable before
such court or judge.

2. When issued by the Court of Appeals or the Sandiganbayan or any of its justices, it may be
returnable before such court or any justice thereof, or to any Regional Trial Court of the place
where the petitioner or respondent resides, or that which has jurisdiction over the place where
the data or information is gathered, collected or stored.

3. When issued by the Supreme Court or any of its justices, it may be returnable before such Court
or any justice thereof, or before the Court of Appeals or the Sandiganbayan or any of its justices,
or to any Regional Trial Court of the place where the petitioner or respondent resides, or that
which has jurisdiction over the place where the data or information is gathered, collected or
stored (Section 4).

Where enforceable (Section 4)

The writ of habeas data shall be enforceable anywhere in the Philippines.

Action of the Court upon filing

SECTION 7. Issuance of the Writ. — Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the
writ under the seal of the court and cause it to be served within three (3) days from its issuance; or, in
case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may
deputize any officer or person to serve it. The writ shall also set the date and time for summary hearing
of the petition which shall not be later than ten (10) work days from the date of its issuance.

What should respondent file?

SECTION 10. Return; Contents. — The respondent shall file a verified written return together with
supporting affidavits within five (5) work days from service of the writ, which period may be reasonably
extended by the Court for justifiable reasons. The return shall, among other things, contain the following:

(a) The lawful defenses such as national security, state secrets, privileged communication,
confidentiality of the source of information of media and others;
 (b) In case of respondent in charge, in possession or in control of the data or information subject
of the petition:

(i) a disclosure of the data or information about the petitioner, the nature of such data
or information, and the purpose for its collection;

(ii) the steps or actions taken by the respondent to ensure the security and
confidentiality of the data or information; and

(iii) he currency and accuracy of the data or information held; and

(c) Other allegations relevant to the resolution of the proceeding.

• A general denial of the allegations in the petition shall not be allowed.

Nature of Hearing

SECTION 15.Summary Hearing. — The hearing on the petition shall be summary. 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

Judgment

SECTION 16.Judgment — The court shall render judgment within ten (10) days from the time the petition
is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court
shall enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous
data or information and grant other relevant reliefs as may be just and equitable; otherwise, the privilege
of the writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officer as may be designated
by the court, justice or judge within five (5) work days.

Appeal

SECTION 19.Appeal. — Any party may appeal from the judgment or final order to the Supreme Court
under Rule 45. The appeal may raise questions of fact or law or both.The period of appeal shall be five
(5) work days from the date of notice of the judgment or final order.The appeal shall be given the same
priority as habeas corpus and amparo cases.

Consolidation

SECTION 21. Consolidation. — When a criminal action 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 habeas data, the petition shall be consolidated with
the criminal action.

After consolidation, the procedure under this Rule shall continue to govern the disposition of the reliefs
in the petition.
Effect of Filing of a criminal action

SECTION 22. Effect of Filing of a Criminal Action. — When a criminal action has been commenced, no
separate petition for the writ shall be filed. The reliefs under the writ shall be available to an aggrieved
party by motion in the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs available under the writ of habeas
data.

Lee vs. Ilagan, October 8, 201

Facts: Ilagan and Lee were live-in-partners. Lee was able to obtain the digital camera of Ilagan. Lee found
a sex video in it. Lee confronted Ilagan about it but the latter demanded for the return of his digital
camera. Lee refused. Consequently, Ilagan banged Lee’s head against the wall. Lee filed a criminal case
for violation of RA 9262. Still, Ilagan is demanding for the return of the digital camera. Lee refused.Ilagan
filed a petition for habeas data against Lee to compel Lee to produce the camera, as well as the negative
and reproductions thereof. Will the petition prosper?

NO. As defined in Section 1 of the Habeas Data Rule, the writ of habeas data now stands as "a remedy
available to any person whose right to privacy in life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the
gathering, collecting or storing of data or information regarding the person, family, home, and
correspondence of the aggrieved party."

Thus, in order to support a petition for the issuance of such writ, Section 6 of the Habeas Data Rule
essentially requires that the petition sufficiently alleges, among others, "[t]he manner the right to privacy
is violated or threatened and how it affects the right to life, liberty or security of the aggrieved party." In
other words, the petition must adequately show that there exists a nexus between the right to privacy on
the one hand, and the right to life, liberty or security on the other.

Rule 103 - Change of Name

Venue

SECTION 1.Venue. — A person desiring to change his name shall present the petition to the Court of First
Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and Domestic
Relations Court. (Rule 103).

Grounds

(a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce;

(b) when the change results as a legal consequence, as in legitimation;

(c) when the change will avoid confusion;

(d) when one has continuously used and been known since childhood by a Filipino name, and was
unaware of alien parentage;

(e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody; and

(f) when the surname causes embarrassment and there is no showing that the desired change of
name was for a fraudulent purpose or that the change of name would prejudice public interest
(Republic v. Court of Appeals, G.R. No. 97906, 21 May 1992, 209 SCRA 189. See also Republic v.
Hernandez, G.R. No. 117209, 9 February 1996, 253 SCRA 509).
Contents of the Petition – Section 2 Rule 103

A petition for change of name shall be signed and verified by the person desiring his name changed, or
some other person on his behalf, and shall set forth:

(a) That the petitioner has been a bona fide resident of the province where the petition is filed for
at least three (3) years prior to the date of such filing;

(b) The cause for which the change of the petitioner's name is sought;

(c) The name asked for.

What does Petition under Rule 103 governs?

• Rule 103 procedurally governs judicially petitions for change of given name or surname, or both,
pursuant to Article 376 of the Civil Code. This rule provides the procedure for an independent
special proceedings in court to establish the status of a person involving his relations with others,
that is, his legal position in, or with regards to, the rest of the community. In petitions for change
of name, a person avails of a remedy to alter the designation by which he is known and called
in the community in which he lives and is best known.” When granted, a person’s identity and
interactions are affected as he bears a new “label or appellation for the convenience of the world
at large in addressing him or in speaking of, or dealing with him.” Judicial permission for a change
of name aims to prevent fraud and to ensure a record of the change by virtue of a court decree
(Republic vs. Mercadera, 652 Phil 195)

May illegitimate child use the father’s name?

YES. R.A. No. 9255 which took effect on March 19, 2004, amended Article 176 of the Family Code, allowing
illegitimate children to use the surname of their father if their filiation has been expressly recognized by
the father through a record of birth appearing in the civil register, or when an admission in a public
document or private handwritten instrument is made by the father.

May the name of a person be changed by virtue of sex reassignment?

NO. Before a person can legally change his given name, he must present proper or reasonable cause or
any compelling reason justifying such change. 19 In addition, he must show that he will be prejudiced by
the use of his true and official name. 20 In this case, he failed to show, or even allege, any prejudice that
he might suffer as a result of using his true and official name (Silverio vs. Republic, October 22, 2007).

May the name of a person be changed because of change of gender?

YES. Ultimately, we are of the view that where the person is biologically or naturally intersex (Congenital
Adrenal Hyperplasia, CAH) the determining factor in his gender classification would be what the individual,
like respondent, having reached the age of majority, with good reason thinks of his/her sex. Respondent
here thinks of himself as a male and considering that his body produces high levels of male hormones
(androgen) there is preponderant biological support for considering him as being male. Sexual
development in cases of intersex persons makes the gender classification at birth inconclusive. It is at
maturity that the gender of such persons, like respondent, is fixed. (Republic vs. Cagandahan, September
12, 2008).

RULE 108 - Cancellation or Correction of Entries in Civil Registry

Who may file petition (Section 1, Rule 108)

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.
What does petition under Rule 108 cover?

Rule 108 applies when the person is seeking to correct clerical and innocuous mistakes inhis and her
documents with the civil register. It is also governs the correction of substantial errors in the entry of
the information enumerated in Section 2 of this Rule and those affecting the civil status, citizenship,
and nationality of a person. The proceedings under this rule may either be summary, if the correction
pertains to clerical mistakes, or adversary, if it pertains to substantial errors (Republic vs. Mercadera,
652 Phil 195)

What is the nature of the proceeding under Rule108?

It is adversarial.

The philosophy behind this requirement lies in the fact that the books making up the civil register and all
documents relating thereto shall be prima facie evidence of the facts therein contained. If the entries in
the civil register could be corrected or changed through mere summary proceedings and not through
appropriate action wherein all parties who may be affected by the entries are notified or represented, the
door to fraud or other mischief would be set open, the consequence of which might be detrimental and
far reaching (Republic vs Kho, June 29, 2007, citing Labayo-Rowe v. Republic, 168 SCRA 294, 300-301).

If the indispensable or interested party is not impleaded, will it make the proceedings void?

Barco, whose minor daughter was allegedly fathered also by Gustilo, however, sought to annul the trial
court's decision, claiming that she should have been made a party to the petition for correction. Failure
to implead her deprived the RTC of jurisdiction, she contended. In dismissing Barco's petition, this Court
held that the publication of the order of hearing under Section 4 of Rule 108 cured the failure to implead
an indispensable party. Thus, publication will cure the defect (Republic vs Kho, 2007).

The procedure for change of name under Rule 103 was not followed but that of Rule 108, may change
of name be effected?

With respect to the correction in Carlito's birth certificate of his name from "Carlito John" to "Carlito", the
same was properly granted under Rule 108 of the Rules of Court. As correctly pointed out by the CA, the
cancellation or correction of entries involving changes of name falls under letter "o" of the following
provision of Section 2 of Rule 108. Hence, while the jurisdictional requirements of Rule 103 (which governs
petitions for change of name) were not complied with, observance of the provisions of Rule 108 suffices
to effect the correction sought for (Republic vs. Kho, 2007).

RA 9048 AS AMENDED BY RA 10172

SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname.

No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname, 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 or mistake in the
entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul
general in accordance with the provisions of this Act and its implementing rules and regulations.

Rule 103, Rule 108, RA 9048 as amended by RA 10172

I. A person seeking

1. To change his or her first name;

2. To correct clerical or typographical errors in the civil register;
3. To change/correct the day and/or month of his or her date of birth, and/or
4. To change/correct his or her sex, where it is patently clear that there was a clerical or
typographical error or mistake

Must first file a verified petition with the local civil registry office of the city or municipality where the
record sought to be corrected or changed is kept, in accordance with the administrative proceeding
provided under RA 9048 in relation to R.A. 10172.

A person may only avail of the appropriate judicial remedies under Rule 103 or Rule 108 in the
aforementioned entries after the petition in the administrative proceedings is filed and later denied
(Bartolome vs. Republic G.R. No. 243288, August 28, 2019)

II. A person seeking

1. To change his or her surname;

2. To change both his or her first name and surname

May file a petition for change of name under Rule 103, provided that the jurisprudential grounds
discussed in Republic vs Hernandez are present.

III. A person seeking substantial cancellations or corrections of entries in the civil registry may file a
petition for cancellation or correction of entries under Rule 108. As discussed in Lee vs Court of
Appeals and more recently in Republic vs. Cagandahan, R.A. 9048 “removed from the ambit of Rule
108 of the Rules of Court the correction of such errors. Rule 108 now applies only to substantial
changes and correction in entries in the civil register.” (Bartolome vs Republic G.R. No. 243288,
August 28, 2019)

BUT

What is sought to be corrected are both clerical errors and substantial errors, it is required to file to
petitions, one in civil registrar and the other one in court under Rule 108?

Republic vs. Ontuca GR. No. 232053, July 15, 2020

Answer: No need. It will be more prudent and judicious for Annabelle, and other persons similarly
situated, to allow the filing of a single petition under Rule 108, rather than two separate petitions before
the RTC and the local civil registrar. This will avoid multiplicity of suits and further litigation between
parties, which is offensive to the orderly administration of justice.

In any case, RA No. 9048 as amended, did not divest the trial courts of jurisdiction over petitions for
correction of clerical or typographical errors in a birth certificate. To be sure, the local civil registrars’
administrative authority to change or correct similar errors is only primary but not exclusive. The Regular
courts maintain the authority to make judicial corrections of entries in the civil registry.
 A. M. No. 09-6-8-SCRules of Procedure for Environmental Cases

Coverage

SECTION 2. Scope. — These Rules shall govern the procedure in civil, criminal and special civil actions
before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other
related laws, rules and regulations such as but not limited to the following:

Civil Procedure

Rule II – Pleadings and Parties

SECTION 1.Pleadings and Motions Allowed. — The pleadings and motions that may be filed are
complaint, answer which may include compulsory counterclaim and cross-claim, motion for intervention,
motion for discovery and motion for reconsideration of the judgment.

Motion for postponement, motion for new trial and petition for relief from judgment shall be allowed in
highly meritorious cases or to prevent a manifest miscarriage of justice.

Pleadings and Parties

SECTION 2.Prohibited Pleadings or Motions. — The following pleadings or motions shall not be allowed:

(a) Motion to dismiss the complaint;

(b) Motion for a bill of particulars;

(c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed
fifteen (15) days;

(d) Motion to declare the defendant in default;

(e) Reply and rejoinder; and

(f) Third party complaint.

Pleadings and Parties

SECTION 3. Verified Complaint. — The verified complaint shall contain the names of the parties, their
addresses, the cause of action and the reliefs prayed for.

The plaintiff shall attach to the verified complaint all evidence proving or supporting the cause of action
consisting of the affidavits of witnesses, documentary evidence and if possible, object evidence. The
affidavits shall be in question and answer form and shall comply with the rules of admissibility of
evidence.

The complaint shall state that it is an environmental case and the law involved. The complaint shall also
include a certification against forum shopping. If the complaint is not an environmental complaint, the
presiding judge shall refer it to the executive judge for re-raffle.

SECTION 4. Who May File. — Any real party in interest, including the government and juridical entities
authorized by law, may file a civil action involving the enforcement or violation of any environmental law.

SECTION 5. Citizen Suit. — Any Filipino citizen in representation of others, including minors or generations
yet unborn, may file an action to enforce rights or obligations under environmental laws. Upon the filing
of a citizen suit, the court shall issue an order which shall contain a brief description of the cause of action
and the reliefs prayed for, requiring all interested parties to manifest their interest to intervene in the
case within fifteen (15) days from notice thereof. The plaintiff may publish the order once in a newspaper
of a general circulation in the Philippines or furnish all affected barangays copies of said order.

SECTION 6. Service of the Complaint on the Government or Its Agencies. — Upon the filing of the
complaint, the plaintiff is required to furnish the government or the appropriate agency, although not a
party, a copy of the complaint. Proof of service upon the government or the appropriate agency shall be
attached to the complaint.

SECTION 8. Issuance of Temporary Environmental Protection Order (TEPO). — If it appears from the
verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the
matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the
executive judge of the multiple-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 seventy-two (72) hours from date of the receipt
of the TEPO by the party or person enjoined. Within said period, the court where the case is assigned,
shall conduct a summary hearing to determine whether the TEPO may be extended until the termination
of the case.

SECTION 10.Prohibition Against Temporary Restraining Order (TRO) and Preliminary Injunction. —
Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions
of government agencies that enforce environmental laws or prevent violations thereof.

Rule 5 Judgment and Execution

SECTION 1. Reliefs in a Citizen Suit. — If warranted, the court may grant to the plaintiff proper reliefs
which shall include the protection, preservation or rehabilitation of the environment and the payment of
attorney's fees, costs of suit and other litigation expenses. It may also require the violator to submit a
program of rehabilitation or restoration of the environment, the costs of which shall be borne by the
violator, or to contribute to a special trust fund for that purpose subject to the control of the court.

SECTION 2. Judgment Not Stayed by Appeal. — Any judgment directing the performance of acts for the
protection, preservation or rehabilitation of the environment shall be executory pending appeal unless
restrained by the appellate court.

SECTION 3. Permanent EPO; Writ of Continuing Mandamus. — 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.
The court may, by itself or through the appropriate government agency, monitor the execution of the
judgment and require the party concerned to submit written reports on a quarterly basis or sooner as
may be necessary, detailing the progress of the execution and satisfaction of the judgment. The other
party may, at its option, submit its comments or observations on the execution of the judgment.
Rule 6 Strategic Lawsuit Against Public Participation

SECTION 1. Strategic Lawsuit Against Public Participation (SLAPP). — A legal action filed to harass, vex,
exert undue pressure or stifle any legal recourse that any person, institution or the government has taken
or may take in the enforcement of environmental laws, protection of the environment or assertion of
environmental rights shall be treated as a SLAPP and shall be governed by these Rules.

SECTION 2.SLAPP as a Defense; How Alleged. — In a SLAPP filed against a person involved in the
enforcement of environmental laws, protection of the environment, or assertion of environmental rights,
the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported
by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for damages,
attorney's fees and costs of suit.

The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a SLAPP,
attaching evidence in support thereof, within a non-extendible period of five (5) days from receipt of
notice that an answer has been filed.

The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file an opposition
within fifteen (15) days from filing of the comment or the lapse of the period

SECTION 4. Resolution of the Defense of a SLAPP. — The affirmative defense of a SLAPP shall be resolved
within thirty (30) days after the summary hearing. If the court dismisses the action, the court may award
damages, attorney's fees and costs of suit under a counterclaim if such has been filed. The dismissal shall
be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing shall be
treated as evidence of the parties on the merits of the case. The action shall proceed in accordance with
the Rules of Court.

Rule 7 Writ of Kalikasan

SECTION 1. Nature of the Writ. — The writ is a remedy available to a natural or juridical person, entity
authorized by law, people's organization, non-governmental organization, or any public interest group
accredited by or registered with any government agency, on behalf of persons whose constitutional right
to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission
of a public official or employee, or private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

Who may file?

Natural or juridical person, entity authorized by law, people's organization, non-governmental

organization, or any public interest group accredited by or registered with any government agency, on
behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened
with violation

SECTION 2.Contents of the Petition. — The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and personal
circumstances are unknown and uncertain, the respondent may be described by an assumed
appellation;

(c) The environmental law, rule or regulation violated or threatened to be violated, the act or
omission complained of, and the environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.
 (d) All relevant and material evidence consisting of the affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or
filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no
such other action or claim is pending therein; (2) if there is such other pending action or claim, a
complete statement of its present status; (3) if petitioner should learn that the same or similar
action or claim has been filed or is pending, petitioner shall report to the court that fact within
five (5) days therefrom; and

(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

SECTION 3. Where to File. — The petition shall be filed with the Supreme Court or with any of the stations
of the Court of Appeals.

• It cannot be filed with the RTC

SECTION 5. Issuance of the Writ. — Within three (3) days from the date of filing of the petition, if the
petition is sufficient in form and substance, the court shall give an order:
(a) issuing the writ; and

(b) requiring the respondent to file a verified return as provided in Section 8 of this Rule.

The clerk of court shall forthwith issue the writ under the seal of the court including the issuance of a
cease and desist order and other temporary reliefs effective until further order.

SECTION 8.Return of Respondent; Contents. — Within a non-extendible period of ten (10) days after
service of the writ, the respondent shall file a verified return which shall contain all defenses to show that
respondent did not violate or threaten to violate, or allow the violation of any environmental law, rule
or regulation or commit any act resulting to environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two or more cities or provinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentary evidence, scientific or other expert studies,
and if possible, object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered as an admission thereof.

SECTION 9. Prohibited Pleadings and Motions. — The following pleadings and motions are prohibited:
(a)Motion to dismiss; (b)Motion for extension of time to file return; (c)Motion for postponement;
(d)Motion for a bill of particulars; (e)Counterclaim or cross-claim; (f)Third-party complaint; (g)Reply; and
(h)Motion to declare respondent in default.

SECTION 11.Hearing. — Upon receipt of the return of the respondent, the court may call a preliminary
conference to simplify the issues, determine the possibility of obtaining stipulations or admissions from
the parties, and set the petition for hearing.

The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be
given the same priority as petitions for the writs of habeas corpus, amparo and habeas data.

SECTION 15.Judgment. Within sixty (60) days from the time the petition is submitted for decision, the
court shall render judgment granting or denying the privilege of the writ of kalikasan.

Relief may be granted:

 (a) Directing respondent to permanently cease and desist from committing acts or neglecting the
performance of a duty in violation of environmental laws resulting in environmental destruction
or damage;

(b) Directing the respondent public official, government agency, private person or entity to protect,
preserve, rehabilitate or restore the environment;

(c) Directing the respondent public official, government agency, private person or entity to monitor
strict compliance with the decision and orders of the court;(d)Directing the respondent public
official, government agency, or private person or entity to make periodic reports on the execution
of the final judgment; and

(d) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or
to the protection, preservation, rehabilitation or restoration of the environment, except the
award of damages to individual petitioners.

SECTION 17. Institution of Separate Actions. — The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate civil, criminal or administrative actions.

Rule 8- Writ of Continuing Mandamus

SECTION 1.Petition for Continuing Mandamus. — When any agency or instrumentality of the government
or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a
duty resulting from an office, trust or station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or unlawfully excludes another from the use or
enjoyment of such right and there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with
certainty, attaching thereto supporting evidence, specifying that the petition concerns an environmental
law, rule or regulation, and praying that judgment be rendered commanding the respondent to do an act
or series of acts until the judgment is fully satisfied, and to pay damages sustained by the petitioner by
reason of the malicious neglect to perform the duties of the respondent, under the law, rules or
regulations. The petition shall also contain a sworn certification of non-forum shopping.

SECTION 2. Where to File the Petition. — The petition shall be filed with the Regional Trial Court exercising
jurisdiction over the territory where the actionable neglect or omission occurred or with the Court of
Appeals or the Supreme Court.

SECTION 4.Order to Comment. — If the petition is sufficient in form and substance, the court shall issue
the writ and require the respondent to comment on the petition within ten (10) days from receipt of a
copy thereof. Such order shall be served on the respondents in such manner as the court may direct,
together with a copy of the petition and any annexes thereto.

SECTION 5.Expediting Proceedings; TEPO. — The court in which the petition is filed may issue such orders
to expedite the proceedings, and it may also grant a TEPO for the preservation of the rights of the parties
pending such proceedings.

Section 6. Proceedings after comment is filed. - After the comment is filed or the time for the filing
thereof has expired, the court may hear the case which shall be summary in nature or require the parties
to submit memoranda. The petition shall be resolved without delay within sixty (60) days from the date
of the submission of the petition for resolution.

SECTION 7. Judgment. — If warranted, the court shall grant the privilege of the writ of continuing
mandamus requiring respondent to perform an act or series of acts until the judgment is fully satisfied
and to grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the
respondent. The court shall require the respondent to submit periodic reports detailing the progress
and execution of the judgment, and the court may, by itself or through a commissioner or the
appropriate government agency, evaluate and monitor compliance. The petitioner may submit its
comments or observations on the execution of the judgment.
Rule 12 Custody and disposition of Seized Items, Equipment, Paraphernalia, Conveyances and
Instrument

SECTION 1. Custody and Disposition of Seized Items. — The custody and disposition of seized items shall
be in accordance with the applicable laws or rules promulgated by the concerned government agency.

SECTION 2. Procedure. — In the absence of applicable laws or rules promulgated by the concerned
government agency, the following procedure shall be observed:

(a) The apprehending officer having initial custody and control of the seized items, equipment,
paraphernalia, conveyances and instruments shall physically inventory and whenever practicable,
photograph the same in the presence of the person from whom such items were seized.

(b) Thereafter, the apprehending officer shall submit to the issuing court the return of the search
warrant within five (5) days from date of seizure or in case of warrantless arrest, submit within
five (5) days from date of seizure, the inventory report, compliance report, photographs,
representative samples and other pertinent documents to the public prosecutor for appropriate
action.

(c) Upon motion by any interested party, the court may direct the auction sale of seized items,
equipment, paraphernalia, tools or instruments of the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation of the concerned government agency. The
sheriff shall conduct the auction.

(d) The auction sale shall be with notice to the accused, the person from whom the items were seized,
or the owner thereof and the concerned government agency.

(e) The notice of auction shall be posted in three conspicuous places in the city or municipality where
the items, equipment, paraphernalia, tools or instruments of the crime were seized.◦(f) The
proceeds shall be held in trust and deposited with the government depository bank for disposition
according to the judgment.

Rule 19 Strategic Lawsuit Against Public Participation in Criminal Cases

SECTION 2. Summary Hearing. — The hearing on the defense of a SLAPP shall be summary in nature. The
parties must submit all the available evidence in support of their respective positions. The party seeking
the dismissal of the case must prove by substantial evidence that his acts for the enforcement of
environmental law is a legitimate action for the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence
that the action is not a SLAPP.

SECTION 3. Resolution. — The court shall grant the motion if the accused establishes in the summary
hearing that the criminal case has been filed with intent to harass, vex, exert undue pressure or stifle any
legal recourse that any person, institution or the government has taken or may take in the enforcement
of environmental laws, protection of the environment or assertion of environmental rights.

If the court denies the motion, the court shall immediately proceed with the arraignment of the accused.