SPECIAL PROCEEDINGS

SETTLEMENT OF ESTATE OF DECEASED PERSONS (RULES 73-91)
SP RULE RULE 73 (Venue and Process) PURPOSE To settle the estate of a deceased person GROUNDS JURISDICTION Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila) Section 1. NO COURT INTERVENTION IS NEEDED. All that is required is division of estate in public instrument or affidavit of adjudication, filed with the proper Registry of Deeds, publication once a week for 3 consecutive weeks and bond equivalent to personal property. Section 2. MTC. Section 2. RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate) VENUE RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate) PERSONS WHO CAN FILE TESTATE SUCCESSION – executor or administrator with a will annexed HEIRS CREDITORS

RULE 74 (Summary Settlement of Estates) 1) Extra-judicial settlement of estate (Section 1) 2) Summary settlement of estates of small value (Section 2)

To achieve a speedy settlement of the estate of the decedent without having to appoint an administrator or executor

Section 1. (applicable only in intestate succession) SUBSTANTIVE – 1) The decedent left no will 2) No debts 3) The heirs are all of age or the minors are represented by their judicial or legal representatives duly authorized for the purpose. PROCEDURAL – 1) Division of the estate must be in a public instrument or by affidavit of selfadjudication in case of a sole heir 2) Filed with the proper ROD 3) Publication of notice

Section 1. ALL HEIRS agree to the extrajudicial settlement Section 2, ANY interested party even by a creditor of the estate without the consent of all heirs.

of the fact of extrajudicial settlement once a week for three consecutive weeks 4) Bond filed equivalent to the value of personal property. Section 2. (either testate or intestate) 1) Gross value of the estate must not exceed P10,000 2) with or without debts 3) Bond to be determined by the court 4) Publication of notice once a week for three consecutive weeks.

RULE 75 ( Production of Will, Allowance of Will Necessary)

To safeguard the rights of the decedent as well as those who shall inherit from him

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila)

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

The CUSTODIAN of the will must deliver it to the court or the executor within 20 days after he learns of the death of the testator. The executor of the will shall, within 20 days after he knows of the testator’s death or after he knows that he is named an executor if he knows it after the testator’s death shall present the will to the court and signify in writing his acceptance or refusal of the trust. EXECUTOR DEVISEE OR LEGATEE named in the will PERSON INTERESTED in the estate (someone who would be benefited by the estate such as an heir, or one who has a claim against the estate such as a creditor)

RULE 76 (Allowance or Disallowance of Will)

To prove in a court a document purporting to be the last will and testament of a deceased person in order that it may be officially

Grounds for allowance: 1) that the will was executed strictly in accordance with the formalities required by law 2) That the testator was

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

recognized as registered and its provisions carried out insofar as they are in accordance with the law.

of sound and disposing mind when he executed the will 3) That there was no vitiation of consent through duress, fear or threats 4) That it was not procured by undue or improper pressure or influence on the part of the beneficiary or some other person for his benefit 5) That the signature of the testator is genuine Grounds disallowance: for

Metro Manila) TESTATOR HIMSELF during his lifetime ANY CREDITOR -

1) If not executed and attested as required by law 2) If the testator was insane or otherwise mentally incapable of making a will at the time of its execution 3) If it was executed under duress or the influence of fear or threats 4) 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 5) If the signature of the testator is procured by fraud or trick and he never intended that the instrument should be his will at the time of fixing

RULE 77 (Allowance of Will Proved Outside of Philippines and Administration of Estate Thereunder)

To facilitate the re-probate of a will probated in a foreign country

his signature thereto. Grounds to prove: 1) That the testator was domiciled in a foreign country 2) That the will has been admitted to probate in such country 3) That the foreign court was, under the laws of said foreign country, a probate court with jurisdiction over the proceedings 4) The law on probate procedure in said foreign country and proof of compliance therewith 5) The legal requirements in said foreign country for the valid execution of the will.

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila)

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

EXECUTOR DEVISEE OR LEGATEE named in the will PERSON INTERESTED in the estate (someone who would be benefited by the estate such as an heir, or one who has a claim against the estate such as a creditor) TESTATOR HIMSELF during his lifetime ANY CREDITOR -

RULE 78 (Letters Testamentary and of Administration, When and To Whom Issued)

To better safeguard the estate of the decedent, the payment of its debts and the proper distribution of the remaining estate to those entitled to it, by appointing a competent executor or administrator

Any COMPETENT person may serve as executor or administrator INCOMPETENT EXECUTORS OR ADMINISTRATORS: 1) minor 2) non-resident 3) One who in the opinion of the court is unfit to exercise the duties of the trust by reason of drunkenness, improvidence, want of understanding or integrity, conviction of an offense involving moral turpitude

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila)

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

Executor – Nominated by the testator and appointed by the court. Administrator – Appointed by the court in case the testator did not appoint an executor or the executor refused appointment (administration with a will annexed) or if the will was disallowed or if the person did not make a will (intestate succession). see Order of Preference granting Letters Administration in of

RULE 79 (Opposing Issuance of Letters Testamentary, Petition and Contest for Letters of Administration)

To determine who is rightfully entitled to administration

4) The executor of an executor cannot administer the estate of the first testator 1) Incompetence 2) Preferential right of the heir under Section 6, Rule 78

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila) Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila) Probate Court

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate RESIDENT (whether citizen or

Any person interested in the will (he must have a material and direct interest, not one that is only indirect or contingent.

RULE 80 (Special Administrator)

RULE

81

(Bonds

of

Executors

and

To safeguard the estate of the decedent pending the determination of a competent person to be granted administration of the estate. To ensure the

1) Delay in granting of letters by any cause including appeal in the probate of the will 2) Executor is a claimant of the estate he represents

Administrators)

faithful performance his duties

of

(MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila) Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila)

not) – Court of the province or city where he resides at the time of death)

RULE 82 (Revocation of Administration, Death, Resignation, and Removal of Executors and Administrators)

To protect the interests of the decedent and his estate, as well as his heirs by removing those who are unfit to administer

To remove and EXECUTOR: 1) Neglect to render accounts (within 1 year and when required by the court) 2) Neglect to settle estate according to these Rules 3) Neglect to perform an order or judgment of the court or a duty expressly provided by these Rules 4) Insanity or incapability or unsuitability to discharge the trust. To remove an ADMINISTRATOR: 1) Adverse interest of an administrator to that of the state 2) Physical inability and consequent unsuitability to manage the estate 3) False representation by an administrator in securing his appointment Financial need in keeping with the means of those entitled to give it, and those who are to rightfully receive it.

NON-RESIDENT (Court of the province wherein he had his estate RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

Rule 83 (Inventory and Appraisal Provision for Support of Family)

To provide financial support to those who need it pending the settlement of the estate and the delivery of the shares to those

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

1) Legitimate Surviving Spouse 2) Children of the decedent

RULE 84 (General Provisions and Duties of Executors and Administrators)

entitled to it To serve as guidelines for executors and administrators to follow

Metro Manila) Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate) RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

RULE 85 (Accountability and Compensation of Executors and Administrators)

To serve guidelines executors administrators follow

as for and to

RULE 86 (Claims Against Estate)

For the speedy settlement of the affairs of the deceased person and early delivery of the property of the estate into the hands of the persons entitled to receive it.

When accountable: 1) If an executor or administrator neglects or unreasonably delays to raise money by collecting the debts or selling the real or personal estate of the decedent 2) Neglects to pay over the money he has in his hands 3) The value of the estate is lessened 4) Unnecessary cost or interest accrues 5) The persons interested suffer loss Actions that DON’T SURVIVE: 1) money claims 2) debts incurred by the deceased during his lifetime arising from contract 3) claims for funeral expenses or for the last illness of the decedent 4) judgment for money against decedent Actions that SURVIVE the death of the decedent:

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

CREDITORS

RULE 87 (Actions by and Against Executors)

For the speedy settlement of the affairs of the

Probate Court (MTC if gross value of the estate does

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the

Creditor of the estate see requisites for filing

deceased person and early delivery of the property of the estate into the hands of the persons entitled to receive it.

1) Recovery of real or personal property or any interest therein from the estate 2) Action to recover damages for any injury to person or property real or personal

not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila

time of death) NON-RESIDENT (Court of the province wherein he had his estate)

Executor or Administrator in behalf of the estate

RULE 88 (Payment of the Debts of the Estate)

RULE 89 (Sales, Mortgages and Encumbrances of Property of Decedent)

other

For the speedy settlement of the affairs of the deceased person and early delivery of the property of the estate into the hands of the persons entitled to receive it. To safeguard the rights of the heirs, who are the presumptive owners of the property, and therefore cannot be deprived of such property except in accordance with law

Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila Grounds for personalty: sale of Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

1) To pay debts and expenses of administration 2) To pay legacies 3) To cover expenses for the preservation of the estate For realty: 1) personal estate is not sufficient to pay debts, expenses of administration, and legacies 2) if the sale of personal estate may injure the business or other interests of those interested in the estate 3) if the testator has not made sufficient

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

Executors or administrators, upon application by them

provision for payment of such debts, expenses and legacies

4) if the deceased during his lifetime held real property in trust for another person RULE 90 (Distribution and Partition of the Estate) To effect the wishes of the decedent and distribute the estate accordingly After: 1) payment of debts 2) funeral expenses 3) expenses for administration 4) allowance of the widow 5) inheritance tax Grounds: 1) Person died intestate 2) he left no heirs or persons by law entitled to the same 3) the deceased left properties Probate Court (MTC if gross value of the estate does not exceed P300,000, or P400,000 if in Metro Manila); (RTC if gross value of the estate exceeds P300,000 or P400,000 if in Metro Manila Regional Trial Court RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate) EXECUTOR ADMINISTRATOR INTERESTED PERSON

RULE 91 (Escheat)

The State, being the last intestate heir, and the source of all properties, acquires real or personal property of a deceased person in the Philippines, who dies without leaving any will or legal heirs.

RESIDENT (whether citizen or not) – Court of the province or city where he resides at the time of death) NON-RESIDENT (Court of the province wherein he had his estate)

Solicitor General or his representative in behalf of the Philippines

GUARDIANSHIP OF INCOMPETENTS WHO ARE NOT MINORS (RULE 92 TO RULE 97) GUARDIANSHIP OF MINORS (A.M. No. 03-02-05-SC)
SP RULE RULE 92 (Venue) PURPOSE To safeguard the rights and interests of incompetent persons GROUNDS 1) those suffering from penalty of civil interdiction 2) hospitalized lepers 3) prodigals 4) deaf and dumb who are unable to read and write 5) those of unsound mind although they may have lucid intervals 6) persons not of unsound mind but by reason of disease, weak mind and other similar causes, cannot without outside aid take care of themselves and manage their property. 1) those suffering from penalty of civil interdiction 2) hospitalized lepers 3) prodigals 4) deaf and dumb who are unable to read and write 5) those of unsound mind although they may have lucid intervals 6) persons not of unsound mind but by reason of disease, weak mind and other similar causes, cannot without outside aid take care of themselves and manage their property. JURISDICTION Regional Trial Court VENUE Resident – place of residence Non-resident – place property is located where PERSONS WHO CAN FILE 1) any relative 2) friend 3) Other person on behalf of the resident incompetent who has no parents or lawful guardian 4) The Director of Health in favor of an insane person who should be hospitalized or in favor of an isolated leper.

RULE 93 guardian)

(Appointment

of

To safeguard the rights and interests of incompetent persons

Regional Trial Court

Resident – place of residence Non-resident – place property is located where

1) any relative 2) friend 3) Other person on behalf of the resident incompetent who has no parents or lawful guardian 4) The Director of Health in favor of an insane person who should be hospitalized or in favor of an isolated leper.

RULE 94 ( Bonds of Guardians)

For the protection of the property of the incompetent to the end that he may be assured of an honest administration of his

Regional Trial Court

Resident – place of residence Non-resident – place property is located where

Guardian

funds RULE 95 (Selling and Encumbering Property of Ward) 1) When the income fo the estate is insufficient to maintain the ward and his family 2) When it appears that it is for the benefit of the ward To safeguard the rights of the ward by providing limitations and guidelines for the guardians to follow To relinquish guardianship over the ward and throw him back as a responsible member of society who is able to manage his own affairs Regional Trial Court Resident – place of residence Non-resident – place property is located Regional Trial Court where Guardian

RULE 96 (General Powers and Duties of Guardians)

Resident – place of residence Non-resident – place where property is located Resident – place of residence Non-resident – place property is located where

RULE 97 (Termination Guardianship)

of

1) competency of the ward has been judicially determined 2) guardianship is no longer necessary 3) death of guardian 4) death of ward -------5) insanity of guardian 6) incapability or unsuitability to discharge functions 7) wastage or mismanagement of the property of the ward 8) failure to render an account or make a return within 30 days after it was due 1) Death, continued absence, or incapacity of his parents 2) Suspension, termination, or deprivation of parental authority 3) Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental authority 4) When the best interests of the minor so require

Regional Trial Court

1) person who has been declared incompetent 2) guardian 3) relative 4) friend

A.M. No. 03-02-05-SC

To better protect the interests of the minor, taking into consideration their tenderness of age and mental vulnerability

Family Court (RTC)

RESIDENT – where he resides NON-RESIDENT –where his property or any part thereof is situated

1) relative 2) other person on behalf of an minor 3) minor himself if 14 years of age or over 4) the Secretary of Health in case of an insane minor who needs to be hospitalized.

Trustees (Rule 98)
SP RULE PURPOSE GROUND JURISDICTION VENUE PERSONS WHO CAN FILE

RULE 98 (Trustees)

To carry into effect a will where the testator omitted to appoint a trustee in the Philippines and other written instruments where the trustee therein declines, resigns, dies or is removed before accomplishment of the trust

Regional Trial Court

Court where will was allowed, if it be allowed in the Philippines, otherwise by the Court of the province in which the property or some portion thereof affected by the trust is situated

Executor or Administrator or person appointed as trustee in the instrument

ADOPTION, DOMESTIC and INTERNATIONAL
ADOPTION DOMESTIC PURPOSE The promotion of the welfare of the child and the enhancement of his opportunities for a useful and happy life, and every intendment is sustained to promote that objective. GROUNDS JURISDICTION Family Court VENUE Residence of adoptive parents PERSONS WHO CAN FILE 1) FILIPINO CITIZEN: a. of legal age b. in possession of full civil capacity and legal rights c. good moral character d. has not been convicted of any crime involving moral turpitude e. emotionally and psychologically capable of caring for children f. at least 16 years older than the adoptee g. in a position to support and care for his/her children in keeping with the means of the family 2) ALIEN: a. all above qualifications b. that his country has diplomatic relations with the Philippines c. he has been living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption d. maintains residence until the

adoption decree is entered e. certified to have legal capacity to adopt by his country f. that his government allows the adoptee to enter his country as his adopted child 3) GUARDIAN with respect to the ward after the termination of the guardianship and clearance of his financial accountabilities 1) Any alien or Filipino citizen permanently residing abroad who are at least 27 years of age 2) Other requirements same as with RA 8552

I NTER-COUNTRY

The promotion of the welfare of the child and the enhancement of his opportunities for a useful and happy life, and every intendment is sustained to promote that objective.

Family Court

Place where the child resides or he may be found

PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS (RULE 101) HABEAS CORPUS (RULE 102) WRIT OF AMPARO (A.M. NO. 07-9-12-SC) WRIT OF HABEAS DATA (A.M. NO. 08-1-16-SC) CHANGE OF NAME (RULE 103) ABSENTEES (RULE 107) CANCELLATION OR CORRECTION OF ENTRIES IN CIVIL REGISTRY (RULE 108)
SP RULE RULE 101 (Proceedings for Hospitalization of Insane Persons) PURPOSE To safeguard the interests of the insane by placing them in a place where they can be treated, even against their will GROUNDS 1) Director of Health is of the opinion that the commitment of the person alleged to be insane is for public welfare or for the welfare of said person 2) Such person or the one having charge of his is opposed to his being taken to a hospital or asylum 1) There has been a deprivation JURISDICTION Regional Trial Court VENUE Province where the person alleged to be insane is found PERSONS WHO CAN FILE Director of Health with the assistance of city or provincial fiscal

RULE 102 (Habeas Corpus)

To fix the status of a person; to

Regional Trial Court, Court of

RTC:

1) party whose relief it is

inquire into the manner of involuntary restraint as distinguished from voluntary and retrieve a person therefrom if such restraint is illegal

WRIT OF AMPARO (A.M. NO. 07-9-12-SC)

To protect life, liberty, and security, and encompasses both actual and threatened violation of Human Rights

of a constitutional right resulting in the restraint of a person 2) The court had no jurisdiction to impose the sentence 3) An excessive penalty has been imposed as such sentence is void as to the excess 4) Where the law is amended as when the penalty is lowered 5) Denial of right to a speedy trial 6) Where the results of postconviction DNA testing are favorable to the accused 1) Life, liberty and security is violated 2) Life, liberty and security is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

Appeals, Supreme (concurrent jurisdiction)

Court

Where petitioner resides where he may be found

or

intended 2) Some other person on his behalf

Sandiganbayan, if in aid of its appellate jurisdiction Family Courts, exclusive jurisdiction to issue writs of habeas corpus involving custody of minors Special cases: MTC, when there is no available RTC judge. Regional Trial Court, Court of Appeals, Supreme Court, Sandiganbayan

CA, SC, Sandiganbayan: NO VENUE , anywhere it can be found, enforceable anywhere in the Philippines Family Court: where petitioner resides or where the minor may be found MTC: Same venue with RTC RTC: Where the threat, act or omission was committed or any of its elements occurred CA, SC, Sandiganbayan: NO VENUE; file where it may be found, enforceable anywhere in the Philippines

1) the aggrieved party or by any qualified person or entity in the following order: a. any member of the immediate family namely: the spouse, children and parents of the aggrieved party 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 c. any concerned citizen, organization, association or institution if there is no known member of the immediate family or relative of the aggrieved party 1) Any aggrieved party may file a petition for the writ of habeas data. 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

WRIT OF HABEAS DATA (A.M. No. 08-1-16-SC)

To protect a person’s right to privacy in life, liberty or security

1) The right to privacy in life, liberty or security is violated 2) The right to privacy in life, liberty or security is 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

Regional Trial Court, Court of Appeals, Sandiganbayan, Supreme Court

RTC: 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 CA, SB, SC:

information regarding the person, family, home and correspondence of the aggrieved party

Where the action concerns public data files of government offices.

RULE 103 (Change of Name)

To correct a first name or last name

RULE 107 (Absentees)

To appoint an administrator over the properties of the absentee.

1) Name is ridiculous, tainted with dishonor or extremely difficult to write or pronounce 2) Habitual and continuous use and has been known since childhood by a Filipino name, unaware of her alien parentage 3) A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody 4) Consequence of change of status 5) Necessity to avoid confusion 1) A person disappears from his domicile and his whereabouts are unkown and without having left an agent to administer his property 2) The power of the agent has expired 1) To correct clerical or innocuous errors 2) To correct substantial errors when and in which case appropriate adversarial proceedings are taken

Regional Trial Court

Province where the petitioner has been residing for 3 years prior to the filing of the petition

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. Person desiring his name changed or some other person on his behalf

Regional Trial Court

RULE 108 (Cancellation or Correction of Entries in the Civil Registry

To correct a typographical error

Regional Trial Court

Province where the corresponding civil registrar is located

1) Spouse present 2) The heirs instituted in a will 3) relatives who would succeed by law of intestacy 4) those who have over the property of the absentee some right subordinated to the condition of his death. Any person interested in any act, event, order or decree concerning the civil status of persons recorded in the civil registry

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