Prepared by:

Atty. Mary Jaynard P. Dionisio

REMEDIAL LAW REVIEW

General Principles

 Remedial Law
 Branch of law that prescribes the methods of
enforcing rights and obligations created by
substantive law
 Provides for a procedural system for obtaining
redress for the invasion of rights and violation of
duties
 Prescribes rules as to how suits are filed, tried and
decided upon by the courts
 SC’s Rule Making Power
 Limitations (Sec 5 (5) VIII 1987 Constitution
 Simplified and inexpensive procedure for the speedy
disposition of cases
 Uniform rules for courts of the same level
 Rules shall not diminish, increase or modify
substantive rights
 Power to amend and suspend procedural rules
 When the Rules are not applicable
 Election cases
 Land Registration
 Cadastral Cases
 Naturalization
 Insolvency Proceedings
 Other cases not provided for in the Rules
 Exception: applicable by analogy or in suppletory
character and whenever practicable and
convenient
Special proceedings
 SPECIAL PROCEEDINGS
 Remedy by which a party seeks to establish a
status, a right, or a particular fact
 Characteristics
 Non-adversarial
 Binding upon the whole world
 No cause of action
Under the Rules of Court
 Settlement of Estate
 Escheat
 Guardianship and Custody of Minors
 Trustees
 Adoption
 Rescission and Revocation of Adoption (Rule on Adoption)
 Hospitalization of Insane Persons
 Habeas Corpus
 Change of Name
 Voluntary Dissolution of Corporations (Filed with SEC)
 Judicial Approval of Voluntary Recognition of Minor Natural Children (Abolished by
the Family Code)
 Constitution of Family Home (Art 153 FC)
 Declaration of Absence and Death
 Cancellation or correction of entries in the Civil Registry
 Other Special Proceedings
 Land Registration
 Petition for Issuance of Writ of Amparo or Writ of
Habeas Data
 Liquidation Proceedings
 Special ADR Rules
Settlement of Estate

 Testate or Intestate
 Two kinds of Settlement
 Judicial Settlement
 Extrajudicial Settlement
 JURISDICTION (RA 7691)
 RTC: Gross Value of the Estate exceeds 300,000;
MM 400,000
 MTC: lower
 Exclusionary Rule/ Preferential Jurisdiction:
The Court first taking cognizance of the
settlement of the estate of the decedent shall
exercise jurisdiction to the exclusion of all
other courts
 Delivery of the will is sufficient to acquire
jurisdiction
 Exception: not applicable when the decedent
is an inhabitant of a foreign country
 VENUE: where estate is settled
 Resident: Court of the place where the decedent
resided at the time of death
 Non-resident: Court of the place where the
decedent has his estate
 Residence: personal, actual, physical habitation
 Wrong venue is a waivable procedural defect
 Challenge: question on appeal thru certiorari
under Rule 65
 PROBATE COURT JURISDICTION
 Probate: proceeding to establish the validity of a will
 Probate Jurisdiction: limited and includes only
matters relating to the settlement of estates and
probate of wills; extends to matter incidental and
collateral (selling, mortgaging or encumbering a
realty belonging to the estate)
 NOTE: title to property cannot be passed upon by the
probate court EXCEPT in the determination as to
whether or not the property should be included in
the estate but is provisional and not conclusive
 Powers and Duties of a Probate Court
 Orders the probate of the will of a decedent
 Grants letters of administration
 Supervises and controls all acts of administration
 Orders payments of lawful debts
 Authorizes sale, mortgage or encumbrance of the real
estate
 Directs the delivery of the estate to those entitled
 Issues warrants and processes in relation to the probate
 Issue warrant for the apprehension and imprisonment of
persons who defies a probate order
 SUMMARY SETTLEMENT OF ESTATE
 EJS BY AGREEMENT BETWEEN HEIRS
 Substantive Requirements
 Decedent left no will and no debts
 Heirs are all of age or minors duly represented
 Procedural Requirements
 Division of estate must be in a public instrument or
affidavit of adjudication
 Filed with the registry of deeds
 Bond equivalent to the value of personal property
 Publication
  In case of disagreement: partition
 Publication dies not bind any person who has not
participated or who had no notice thereof

 TWO YEAR PRESCRIPTIVE PERIOD: there is a

disputable presumption that the decedent left no
debts if no creditor files a petition for letters of
administration within two years from the debt of
the decedent
 AFFIDAVIT OF SELF-ADJUDICATION BY SOLE
HEIR
 EJS by sole heir shall be done in a public instrument
and filed with ROD
 If there is only one heir, he may adjudicate to himself
the entire estate by an affidavit filed with the ROD
 If a person misrepresents himself as the only heir:
implied/constructive trust is created
 If a person does not have knowledge of the extra-
judicial partition he is not bound
 SUMMARY SETTLEMENT OF ESTATE OF SMALL
VALUE
 Requisites
 Petition
 Gross value of the estate (testate/intestate) not more
than 10,000 (allege in the petition)
 Publication of notice of hearing
 Notice to interested persons
 Bond: amount fixed by court
 If all requisites are met, Court may proceed summarily
without appointment of executor/administrator
 REMEDIES OF AGGRIEVED PARTY
 Claim against the bond (74, 4)
 Petition for Relief (38-FAME); within 60 days after
learning of the judgment
 Reopening by intervention (with leave of court);
anytime before rendition of judgment but within 2 years
 Action to annul settlement within 2 years
 Rescission in case of pretirition
 Action for reconveyance within 10 years
 Action to annul extrajudicial settlement; does not
prescribe
PROBATE OF A WILL

 Probate proceedings are in rem

 Notice by publication is a pre-requisite
 Judgment is binding upon everybody even
against the State
 Probate of a will having jurisdiction is
conclusive as to its execution and validity
 Mandatory and imprescriptible
 PRODUCTION OF THE WILL
 Custodian of the Will: who is in custody of the will;
shall deliver the same to the court within 20 days
after knowledge of death
 Executor of the Will: the person named in the will
to be such; who shall signify to the court his
acceptance or refusal of the trust
 Neglect of duty: fines
 JUDICIAL PROCEEDINGS
 Filing of the initiatory pleading
 Notice of hearing
 Probate proper (allowance or disallowance)
 Issuance of Letters Testamentary or Administration
 Filing and approval of claims against estate
 Payment of debts
 Determination of heirs and distribution
 Closure
 ALLOWANCE OR DISALLOWANCE
 CONTENTS for Allowance
 Jurisdictional facts
 Name/age/residence of the heir, legatee and devisee
 Value and character of the estate property
 Name of person of whom the letters are prayed
 Name of person in custody of the will if the same has not
been delivered
 No defect shall render void the allowance of the will
 Conflict between dates in the instrument does not
invalidate the will
 GROUNDS for Disallowance
 Non compliance with the formalities required by law
 Insanity or mental incapacity of the testator at the time of the
execution of the will
 Will executed thru F, I, UI or T (affects the free will)
 Procured by undue, improper pressure or influence form the
beneficiary or other person
 Signature of testator was procured by fraud or trick
 Testator acted by mistake and did not intend that the instrument
signed should be his will at the time of affixing his signature
 Grounds are exclusive
 If the will is disallowed: intestate proceedings
 NOTARIAL WILL
 If uncontested, allowance is allowed on the
testimony of one of the subscribing witnesses
 If contested, all the subscribing witnesses and the
notary public must be presented
 If lost or destroyed
 Prove the execution and validity
 Existence of the will at the time of death or proof of its
loss or destruction
 Testimony of two credible witnesses
 Photocopy of the will
 HOLOGRAPHIC WILL:
 If uncontested: allowed if one witness who knows the
handwriting and signature of the testator and who explicitly
declares that the same are that of the testator’s; if the
testator himself probates his holographic will his affirmation
is sufficient evidence of the genuineness and due execution
 If contested: allowed if 3 witnesses who knows the signature
and handwriting can attest or expert testimony
 If lost or destroyed
 Same as the notarial will
 Photocopy of the holographic will is admissible
 REPROBATE
 A will allowed/probated in a foreign country may be
allowed, filed and recorded
 Jurisdiction will de]end on the gross value of the
estate (RTC or MTC)
 Requirements
 File a duly authenticated copy of the will
 Fix of the place and time for hearing
 Prove the necessary allegations
 File and record the certificate of allowance
 Grant letters testamentary/administration
 LETTERS TESTAMENTARY
 Issued to the executor named in the will
 Executor: person named in the will task to
administer the decedent’s estate and to carry out
the provisions of the will
 LETTERS OF ADMINISTRATION
 Issued when no executor, is incompetent, refused
or no bond
 Administrator: appointed by the court to
administer the estate of a decedent
 Incompetent to serve as executor or
administrator
 Minor
 Non-resident
 Unfit to execute the duties of the trust by reason
of: drunkenness, improvidence, want of
understanding or integrity or by reason of
conviction of an offense involving moral turpitude
 Order of Preference (Letters of
Administration)
 Surviving spouse
 Next of kin
 Surviving spouse and next of kin
 Person appointed by the surviving spouse or next of
kin
 Principal creditors
 Person selected by the court
 Preference may be disregarded by the Court
 Special Administrator
 Appointed
 when there is delay in granting letters testamentary
or of administration
 if executor or administrator has a claim against the
estate being represented
 Shall take possession and charge of the estate and
preserve the same for the executor or
administrator; may sell perishable or other
property as ordered by the court;
 Bond: performance or fidelity bond intended to
indemnify creditors and heirs and to assure the
performance of the trust
 Conditions
 Inventory
 Administration
 Accounting
 Performance of Court Orders
 Even if the testator directs the executor to serve
without a bond, the court may require posting in case
of change of circumstances or other sufficient cause
 Removal of Executor/Administrator
 Grounds
 Neglect in the performance court orders
 Abscond
 Neglect in accounting and settlement
 Insanity
 Unsuitable to discharge the trust
 CLAIMS AGAINST THE ESTATE
 All persons having money claims against the decedent
 Those arising from implied or express contract
 Claims for expenses of the last sickness of the decedent
 Funeral expenses
 Judgment for money against decedent
 Publication of the notice is necessary
 Posting
 Claims: 6 to 12 mos from the date of first publication (Statute of
Non-Claims)
 Belated claims: 1 mo from the order
 Claims not among those enumerated shall be filed against the
executor or administrator
 Actions Against Executor/Administrator
 Recover real property or personal from the estate
 Enforce lien on real or personal property
 Recover damages for an injury to person or property
 How
 Delivery of the claim with vouchers to the coc
 Serve copy to the E/A
 E/A has 15 days to answer
 Trial
 Judgment is appealable
 PAYMENT OF DEBTS
 If Estate is Sufficient (Order of Preference)
 From portion or property designated in the will
 From personal property
 From real property
 Deficiency shall be met by contributions (devisees,
legatees or heirs in possession of portions of the
estate before the debts)
 If Estate is Insufficient
 Debts shall be paid according to the occurrence and
preference credits
 If all creditors belonging to one class cannot be paid
in full, then all of them will suffer a reduction in
proportion to the creditor’s claim
 If appealed: Court may suspend the payment or
order distribution to those whose claims are
allowed
 DISTRIBUTION AND PARTITION
 LIQUIDATION: determination of all assets of the
estate and payment of all debts and expenses
 PROJECT OF PARTITION: order of distribution of
residue is made by the court upon application and
after hearing and notice (after payment of debts
and other expenses) EXCEPT if the distributee
gives a bond; title to property is vested from the
finality of the distribution
 HEIR NOT GVEN HIS SHARE: file a motion with
the probate court for delivery of his share; if the
proceeding has been closed, file a motion for
reopening within the prescriptive period
 PROBATE COURT ISSUE A WRIT OF
EXECUTION: satisfy the contributive share of
those who are in prior possession; enforce payment
of expenses of partition and satisfy cost when a
person is cited for examination in the proceedings
(Gen. Rule: It cannot issue a writ of execution)
 CLOSURE: after payment of debts and distribution
ESCHEAT

 Proceeding whereby the real and personal

property of a deceased person in the
Philippines become the property of the state
upon his death, without leaving any will or legal
heirs
 Special proceeding instituted by the Sol Gen in
behalf of the Republic to obtain title over the
personal or real estate of a person who dies
intestate leaving no heir or person entitled to
the same
 FILING
 When: when a person dies intestate, leaving no heir or
person entitled to the decedent’s real or personal property
 Who: the Sol Gen or his representative
 Where: RTC of the province where the deceased last
resided or which he had estate
 INSTANCES
 Rule 91
 Reversion Proceedings: sale in violation of the constitution
 Unclaimed Balances Act (dormant accounts for 10 years)
 Requisites
 A person died intestate
 He left no heirs or any person entitled
 The deceased left properties
 If petition is sufficient in form and substance; order
publication (6 consecutive weeks); set hearing
 Escheated Property shall be assigned to:
 Personal: municipality or city where the decedent last
resided
 Real Property: municipality or city in which it is situated
 Use of Escheated Property: for the benefit of public
schools, public charitable institutions and centers
within the city/municipality
 Who may file a claim of escheated estate
 Devisee
 Legatee
 Heir
 Widow/Widower
 Any person entitled to the estate
 When: within 5 years from the date of judgment
otherwise it will be barred forever
GUARDIANSHIP

 Power of protective authority given by law and

imposed on an individual who is free and in the
enjoyment of right, over one whose weakness on
account of his age or other infirmity rendering
him unable to protect himself
 GUARDIAN: person in whom the law has
entrusted the custody and control of the person
or estate or both of an infant, insane or other
person incapable of managing his own affairs
 WARD: person under guardianship
 Kinds of Guardians
 Of the person
 Of the Property
 General Guardian: appointed by court to have care
and custody of the person and his property
 Legal: deemed as guardians without need of
appointment
 Guardian ad litem: appointed by the court in an
action in court
 Judicial: appointed by the court in pursuance to law
 Where to File: RTC
 Guardianship of person or estate of an
incompetent; where the incompetent person
resides
 If incompetent resides outside of the Philippines;
where the property of the incompetent is located
 Who may petition
 Any relative
 Friend
 Other person in behalf of resident incompetent who has no parent or
lawful guardian
 DOH Sec: in favor of an insane person who should be hospitalized or
of an isolated leper
 Opposition: any interested person
 Competency of the alleged incompetent
 Unsuitability of the person for whom letters are prayed
 Relief
 Dismissal of petition
 Letters of guardianship be issued to the oppositor
 Incompetents
 Persons suffering the penalty of civil interdiction
 Hospitalized lepers
 Prodigals (with a morbid mind and a disposition to
spend or waste the estate so as to expose his family to
want or deprived his forced heirs of their inheritance)
 Deaf and dumb who are unable to read and write
 Unsound mind even with lucid intervals
 Those by reason of age, disease, weak mind or other
causes cannot without outside aid take care of
themselves and manage their property
 Powers and Duties of Guardians
 Pay the wards just debts
 Settle all ward’s accounts
 Manage the ward’s estate frugally and without
waste
 Render an inventory of the ward’s estate
 Render accounting
 Assent to an estate partition when authorized by
the court
RULE ON GUARDIANSHIP OVER MINORS

AM NO. 03-02-05-SC

 Applies to petitions for guardianship over the

person, or property or both of a minor,
including incompetent minors
 This rule is suppletory to the provisions of
guardianship in the FC
 F/M jointly exercise legal guardianship over
person and property of their unemancipated
common child without need of court appointment
 For Residents: any relative or other person on
behalf of a minor or the minor himself if 14 years
or over may petition the FC for the appointment
of general guardian where the minor resides
 Non-Residents: any relative or friend or anyone
interested in the property on the minor may file
before the FC where the property is located
 Grounds
 Death, continued absence or incapacity of parents
 Suspension, deprivation or termination of
parental authority
 Remarriage of his surviving parent who is found to
be suitable to exercise parental authority
 When the best interest of the minor so requires
 Qualification of Guardians
 Moral character
 Physical, mental and psychological condition
 Financial status
 Relationship of trust with the minor
 Availability to exercise the powers and duties
during the period of guardianship
 Lack of conflict of interest with the minor
 Ability to manage the property of the minor
 Order of Preference
 Surviving grandparent
 Oldest brother or sister over 21
 Actual custodian of the minor over 21
 Any other person, who in the sound discretion of
the court, would serve the best interest of the
child
 Grounds for Opposition of Petition
 Reaching of majority age
 Unsuitability of persons for whom letters are
prayed
 When Guardian can sell/encumber property
 If property is insufficient to maintain and educate
the ward
 If it is for the ward’s benefit
 Grounds for Removal/Resignation of Guardian
 Becomes insane or otherwise incapable of
discharging his trust
 Found to be unsuitable
 Wasted or mismanaged the property of the ward
 Failed to render an account or make return
 Resignation for justifiable causes
 Grounds for termination
 Ward has come of age
 Ward has died
TRUSTEES

 Trust: fiduciary relationship concerning

property whereby confidence is reposed upon
a person who hold legal title over the
property and deals with it for the benefit of
another
 Trustee: the person in whom confidence is
reposed as regards property for the benefit of
another
 When a trustee may be appointed
 Under a will - where the testator has omitted in his
will to appoint a trustee in the Philippines
 Under a written instrument - when a trustee
declines, resigns, dies or is removed before the
object s of trust are accomplished and no
adequate provision is made as to supplying
vacancy
 Bond Conditions
 Inventory
 Management and disposition
 Account
 Settlement of Accounts
 Accounts of trustees are under oath
 Notice to and consent of the beneficiary are
not essential for the creation of the trust for
appointment under a will
ADOPTION

 Adoption: a judirical act which creates

between the two persons a relationship
similar to that which results from legitimate
paternity and filiation

Domestic Adoption Act (RA 9552 and A.M. 02-

06-02-SC)
 Jurisdiction/Venue:
 Domestic: FC of the province or city where the
prospective adoptive parents reside
 Inter-country: FC of the place where the adoptee
resides or Inter-Country Adoption Board (Sec 10
RA 8043)
 Rescission: FC of the place where the adoptee
resides
 Qualifications of the adopter (Who may adopt)
 Effects of adoption:
 Adopter exercise parental authority
 Legal ties between the biological parents and the
adoptee is severed except when biological parent is
spouse of adopter
 Adoptee is considered legitimate child
 Adopters shall have reciprocal rights of succession
without distinction from legitimate filiation
*Decree of adoption shall have retroactive effect from the
time of the filing of the original petition
 Rescission
 Grounds:
 Repeated physical violence and verbal
maltreatment by the adopter despite having
undergone counselling
 Attempt on the life of the adoptee
 Sexual assault or violence
 Abandonment or failure to comply wit parental
obligations
 Who files:
 Adoptee: over 18 years of age
 Guardian or counsel if adoptee is over 18 but
incapacitated
 Venue: FC where the adoptee resides
 When to file: within 5 years from reaching the
age of majority or after recovery from
incompetency
 Effects of rescission
 Parental authority of biological parent or legal
custody of DSWD is restored
 Reciprocal rights is extinguished
 Vested rights acquired prior to rescission is respected
 Successional rights reverts to its status prior to
adoption
 Adoptee shall use the name stated in his original birth
or foundling certificate
 LCR his original birth or foundling certificate
 Inter-Country Adoption: procedure whereby a
foreigner or a Filipino permanently residing abroad can
adopt a child who cannot be placed in a foster or an
adoptive family or cannot in any suitable manner be
cared for in the Philippines
 When allowed:
 When the same shall prove the child’s best interest and
protect their fundamental rights
 Until all possibilities of for adoption of the child under the
Family Code have been exhausted
 When all the requirements and standards set forth under RA
8043 are complied with
 Who maybe adopted:
 Only a child legally available for domestic
adoption may be subject of inter-country adoption
 A child under the ICAA is defined as any person
below 15 years of age (Sec 19)
“Best interest of the minor” standard: refers to
the totality of the circumstances and
conditions which are most congenial to the
survival, protection, and security of the minor
Habeas Corpus

 Writ of Habeas Corpus: is an order of the court

requiring the person to whom it is issued to
produce the person alleged to be restrained of his
liberty or whose rightful custody has been withheld
and to justify such person’s detention or custody
 Extends to all cases of illegal confinement or detention
 To obtain immediate relief from illegal confinement
 Object of the writ is to inquire into the legality of the
detention and if the detention is found to be illegal, to
require the release of the detainee (Mangila v Pangilinan
GR 160739, 2013)
 Concurrent Jurisdiction:
 SC: enforceable anywhere in the Philippines and
made returnable before any court
 CA: enforceable anywhere in the Philippines and
made returnable before any court
 Sandiganbayan: in aid of appellate jurisdcition
 RTC: enforceable only within his judicial district
returnable only to itself
 MTC: in the absence of all RTC in a province or
city; may hear and decide petitions
 Not Proper/Available:
 Asserting or vindicating denial of right to bail
 Correcting errors in appreciation of facts or law
 When detained and duly charged before the
court(quash information)
 When illegally detained, remedy is the quashal of
the warrant of arrest
 Quantum of Evidence: preponderance of
evidence
 WHC in relation to Minors (AM 03-04-04-SC)
 Where to File: FC, SC and the CA
 Who may file: “any person claiming custody”
 Unlawful deprivation of the custody of a minor
 Which parent shall have custody of the minor
amidst annulment, nullity or legal separation
 Temporary visitation rights
Writ of Amparo

 A remedy available to those whose right to

life, liberty and security is violated or
threatened with violation of any unlawful act
or omission of a public official or employee or
a private individual or entity. It covers extra-
legal killings and enforced disappearance or
threat thereof.
 Extra-legal killings: committed without due
process of law
 Who may file:
 Aggrieved party
 Any qualified person or entity in the following order
 Any member of the immediate family
 Any ascendant, descendant or collateral relative of the
aggrieved w/n the 4th civil degree
 Any concerned citizen, organization, association or
institution
 Where to file:
 RTC, Sandiganbayan, CA or SC: the writ is enforceable
anywhere in the Philippines
 Interim Reliefs Available
 Temporary Protection Order: aggrieved party or
any member of the immediate family
 Inspection Order: any person in possession or
control of a designated property to permit entry
 Production Order: any person to produce and
permit inspection of documentary or object
evidence
 Witness Protection Order: refer the witnesses to
the DOJ pursuant to RA 6981
 Quantum of Proof:
 Establish claims by substantial evidence
 If respondent is a private individual or entity: prove that
ordinary diligence was observed in the performance of duty
 If public official or employee: prove that extraordinary diligence
was observed in the performance of duty
 Totality of Evidence: to consider all the pieces of
evidence adduced in their totality and to consider any
evidence otherwise inadmissible; to relevance of the
evidence to the issue at hand and its consistency with all
other pieces of adduced evidence (GR 191805, 2013)
(hearsay)
 Preclusion: the Rule shall not preclude the
filing of a separate criminal, civil or
administrative actions
 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
Writ of Habeas Data

 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 gathering,
collecting or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party. Covers
extralegal killings and enforced
disappearances (AM 081-1-16 SC)
 Who may file: any aggrieved party; any member of
the immediate family of the aggrieved party or
descendant or ascendant or collateral relative in
cases of EJK or FD
 Where to file: RTC of the place where the petitioner
resides or that which has jurisdiction over the place
where the information is gathered, collected or
stored at the option of the petitioner; SC; CA; and
Sandiganbayan: when the action concerns the
public data files of government offices
 When heard in chamber: if defense invokes that
the release of the data or information in question
shall compromise national security or state secrets,
or when the data or information cannot be divulge
in public due to its nature or privileged character
 Quantum of Proof: substantial evidence
 Consolidation: Petition for writ shall be
consolidated with the criminal action;
administrative action shall be consolidates with the
latter
Change of Name

 “No person can change his name and

surname without judicial approval. “
 Jurisdiction and Venue: RTC of the place
where the petitioner resides; in the City of
Manila; Juvenile and Domestic Relations
Court
 Entry subject to correction: substantial
changes in the name of the person
 Grounds:
 Name is ridiculous, dishonorable, or extremely difficult to
write or pronounce
 Consequence in the change of status
 To avoid confusion
 Having continuously used and been known since childhood
by a Filipino name, unaware of his alien parentage
 A sincere desire to adopt a Filipino name to erase signs of
former alienage, all in good faith and without prejudicing
anybody (GR 189476, 2011)
(it can also be granted where there is proper and reasonable
cause and where there is no showing that the petition was
motivated by fraudulent intent or that change of name will
prejudice public interest)
Cancellation or Correction of Entries in
the Civil Registry

 Who may file: any person interested in any

act, event order or decree concerning the civil
status of persons which had been recorded in
the civil register
 Where to file: RTC of the province where the
corresponding civil registry is located
 Subject for Cancellation/Correction
Births, Marriage, Deaths, Legal Separations,
Judgments of annulment of marriage,
Judgment declaring marriage void from the
beginning, Legitimations, Adoptions,
Acknowledgment of natural children,
Naturalization, Election, loss or recovery of
citizenship, Civil interdiction, Judicial
determination of filiation, Voluntary
emancipation of minor and Changes of name
RA 9048

Administrative Change of First Name or Nickname

and Correction of Clerical or Typographical Errors
(with RA 10172)
 A clerical or typographical error refers to a mistake
committed in the performance of the clerical work
in writing or copying, transcribing or typing an
entry in the civil register that is harmless and
innocuous…visible to the eyes or obvious to the
understanding and can be corrected or changed
only by reference to other existing record…
 Who may file: any person having direct and
personal interest in the correction of a clerical
error or typographical error
 Where to file: LCR of the place where the
interested party is presently residing or
domiciled; Philippine Consulate for Filipinos
residing abroad
*Can be availed only once
Absentees

 The declaration of absence has the sole

purpose of enabling the taking of necessary
precautions for the administration of the
absentee’s estate and for the court to appoint
the present spouse as administrator of the
absent spouse’s properties or for the
separation of properties of the spouses
 Rule is proper only where the absentee has
properties to be administered.
 Who may file:
 Spouse present
 Heirs instituted in a will
 Relatives who will succeed by intestacy
 Those who have some right subordinated to the
condition of his death over the absentee’s property
 When to petition:
 After 2 years: from the disappearance w/o any news from
the absentee or since the receipt of the last news about
him
 After 5 years: if he left an administrator of his property