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8/18/2019 speciale August 2015 http://slidepdf.com/reader/full/speciale-august-2015 1/100  SPECIAL PROCEEDINGS  Bar Review Guide 2015  Justice Magdangal M. de Leon 1. Distinction between civil action and special proceedings a. Civil action – action by which a party sues another for enforcement or protection of a riht! or prevention or redress of a wron.  b. "pecial proceedin – remedy by which a party see#s to establish a status! riht or a particular fact. $nder "ection %! Rule 1 of the 1&&' Revised Rules of Court! a civil action is defined as one by which a party sues another for the enforcement or protection of a riht! or the prevention or redress of a wron while a special proceedin is a remedy by which a party see#s to establish a status! a riht! or a particular fact. (t is then decisively clear that the declaration of heirship can be made only in a special proceedin inasmuch as the petitioners here are see#in the establishment of a status or riht . (Heirs of Ypon vs. Ricafrente, G.R. No. 19868, Jul! 8, "1#) 2. Nature of special proceedings – initially non*adversarial in nature+ in the course of proceedins! there may be oppositors. GENERAL PROISION Rule 72 Subject matter and Applicability of General Rules Sec. 1. Subject matter of special proceedings. 1. Rules '%*'5 ) 2. Rules ',*-1 ) "ettlement of state of %. Rules -2*-, ) /eceased ersons . Rules -'*&0 ) 5. Rule &1 scheat ,. .3. 4o. 0%*02*05*"C Guardianship of 3inors 3ay 1! 200%) '. Rules &2*&' Guardianship of (ncompetents -. Rule &- 6rustees &. .3. 4o. 02*0,*02*"C doption and Custody of 3inors uust 22! 2002) 10. Rule 101 7ospitali8ation of (nsane ersons 11. Rule 102 7abeas Corpus 12. Rule 10% Chane of 4ame 1%. Rule 10 9oluntary /issolution of  Corporations /eemed repealed by the Corporation Code! 6itle :(9! "ecs. 11'*122) 1. Rule 105 ;udicial pproval of 9oluntary Reconition of 3inor  4atural Children

Transcript of speciale August 2015

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  SPECIAL PROCEEDINGS  Bar Review Guide 2015  Justice Magdangal M. de Leon

1. Distinction between civil action and special proceedings

a. Civil action – action by which a party sues another for enforcement or protection of a riht! or prevention or redress of a wron.

  b. "pecial proceedin – remedy by which a party see#s to establish astatus! riht or a particular fact.

• $nder "ection %! Rule 1 of the 1&&' Revised Rules of Court! a civil action is defined as

one by which a party sues another for the enforcement or protection of a riht! or theprevention or redress of a wron while a special proceedin is a remedy by which aparty see#s to establish a status! a riht! or a particular fact. (t is then decisively clearthat the declaration of heirship can be made only in a special proceedin inasmuch as

the petitioners here are see#in the establishment of a status or riht. (Heirs of Yponvs. Ricafrente, G.R. No. 19868, Jul! 8, "1#)

2. Nature of special proceedings – initially non*adversarial in nature+ in the course of 

proceedins! there may be oppositors.

GENERAL PROISION

Rule 72Subject matter and Applicabilityof General Rules

Sec. 1. Subject matter of special proceedings.

1. Rules '%*'5 )2. Rules ',*-1 ) "ettlement of state of  %. Rules -2*-, ) /eceased ersons. Rules -'*&0 )5. Rule &1 scheat,. .3. 4o. 0%*02*05*"C Guardianship of 3inors

3ay 1! 200%)'. Rules &2*&' Guardianship of (ncompetents-. Rule &- 6rustees&. .3. 4o. 02*0,*02*"C doption and Custody of 3inors

uust 22! 2002)10. Rule 101 7ospitali8ation of (nsane ersons11. Rule 102 7abeas Corpus12. Rule 10% Chane of 4ame1%. Rule 10 9oluntary /issolution of  

 Corporations/eemed repealed by theCorporation Code!6itle :(9! "ecs. 11'*122)

1. Rule 105 ;udicial pproval of 9oluntaryReconition of 3inor 

  4atural Children

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15. Rule 10, Constitution of <amily 7ome  /eemed repealed by the

<amily Code! rts. 252*25%)1,. Rule 10' bsentees1'. Rule 10- Cancellation or Correction of

ntries1-. Rule 10& ppeals in "pecial roceedins

• Special Proceedings !nder arious Laws

1. "ummary proceedins under the <amily Code

2. ctions mentioned in the <amily Courts ct of 1&&' R -%,&)

- declaration of absolute nullity of void marriaes and annulment of voidablemarriaes

- leal separation

- provisional orders on support! custody of minor children and administration of common property

- violence aainst women and their children and protection orders 

%. roceedins under= Child > ?outh @elfare Code / 10-%)Child buse ct R ',10)

Child mployment ct R ',5-)- declaration of status as abandoned! dependent or nelected children

- voluntary or involuntary commitment of children

- suspension! termination or restoration of parental authority

. /omestic and (nter*country adoption5. etition for corporate rehabilitation,. etition for writ of amparo'. etition for writ of habeas data-. rbitration

• Rules in civil actions applicable to special proceedings

Sec. 2. Applicability of rules of civil actions.$n t%e a&sence of special rules, t%e rules provided for in ordinar! actions s%all 

&e, as far as practica&le, applica&le to special proceedings.

1. Rule 1' overnin dismissal of actions by plaintiff in civil actions

'entura vs. 'entura! "ept. 2! 1&,&)

2. Rules reardin=

- preparation! filin and service of applications! motions! and other papers

- omnibus motions

- subpoena

- computation of time- motion for new trial

- discovery

- trial before commissioners

- procedure of appeal (ernande) vs. Maravilla! 10 "CR 5-& A1&,)

3. Rule %% reardin udment on demurrer to evidence

Matute vs. *+! 2, "CR ',- A1&,&)

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  (n the absence of special provisions! rules in ordinary actions may be applied in specialproceedins as much as possible and where doin so would not pose an obstacle to saidproceedins. 4owhere in the Rules of Court does it cateorically say that rules in ordinaryactions are inapplicable or merely suppletory to special proceedins. rovisions of the Rulesof Court reDuirin a certification of non*forum shoppin for complaints and initiatory pleadins!a written eEplanation for non*personal service and filin! and the payment of filin fees for money claims aainst an estate would not in any way obstruct probate proceedins! thus! theyare applicable to special proceedins such as the settlement of the estate of a deceasedperson.  %e-er versus state of +lice %e-er ! G.R. 4o. 15'&12 /ec 1%! 200')

A. Settlement of Estate of Deceased Persons, Venue andProcess

•  rt. '''! Civil Code – rihts to succession are transmitted from the moment of death

of the decedent. 

6his is only from the substantive aspect. <rom the RFC/$R aspect! there arecertain procedures that must be observed before actual transmission of the property! but rihtsof the heirs retroact from the moment of death.

  6he riht of respondentHs predecessors over the subect property is more than sufficientto uphold respondentHs riht to possession over the same. RespondentHs riht to the propertywas vested in her alon with her siblins from the moment of their fatherHs death. s heir!respondent had the riht to the possession of the property! which is one of the attributes of ownership. "uch rihts are enforced and protected from encroachments made or attemptedbefore the udicial declaration since respondent acDuired hereditary rihts even before udicialdeclaration in testate or intestate proceedins./un!i versus (actor . G.R. 4o. 1'25'! ;une%0! 200&)

  rticle ''' of the Civil Code declares that the successional rihts are transmitted fromthe moment of death of the decedent. ccordinly! upon nastaciaHs death! her childrenacDuired leal title to her estate which title includes her shareholdins in Ienith)! and they are!prior to the estateHs partition! deemed co*owners thereof. 6his status as co*owners! however!does not immediately and necessarily ma#e them stoc#holders of the corporation. $nless anduntil there is compliance with "ection ,% of the Corporation Code on the manner of transferrinshares! the heirs do not become reistered stoc#holders of the corporation. Reyes vs. R6C of 3a#ati! Branch 12! G.R. 4o. 1,5'! uust 11! 200-)

1. Which court has jurisdiction

• Settle"ent of estate

  6he determination of which court eEercises urisdiction over matters of probate dependsupon the GRF"" 9$ of the estate of the decedent. Rule '%! "ec. 1 is deemed amendedby B 12&! as amended by R ',&1  0Li vs. *+, G.R. 4o. 12'15! ;anuary 2! 2000)!7ence! the court may be the 36C or R6C. (f more than %00!00.00J00!00.00 – R6C.

#inds of settle"ent based on t$e %OR& of settle"ent'

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1. Etraudicial settlement Rule '! "ec. 1)2. "ummary settlement of estates of small value Rule '! "ec. 2)%. ;udicial settlement throuh letters testamentary or letters of administration with or 

without the will anneEed Rules '%! '5*&0)

 2. Venue in judicial settlement of estates

  Rule 73  V!" A!# $R%&SS 

Sec. 1.'(ere estate of deceased persons settled (

1. (f residin in hilippines at time of death! whether citi8en or not! court of C F<R"(/4C.

2. (f residin in a forein country – court of 4? C @7R 7 7/ "66.

3. 9enue may be assailed only when the estate proceedins are brouht up on

appeal or if a plain readin of the records of the case will immediately show that

venue was improperly laid. 7owever! the fact that the estate proceedins are

initiated neither in the decedentHs residence nor where the decedentHs estate is

located is not urisdictional and "a) be waived if not raised  2riarte v. *ourt of 

(irst $nstance! G.R. 4os. *21&%-*%&! 3ay 2&! 1&'0).

4. Court first ta#in coni8ance of settlement of estate of a decedent shall eEercise urisdiction 6F 67 :C$"(F4 of all other courts.

  * subect to preferential urisdiction of court where 6"66 proceedins are filed.

5. ;urisdiction assumed by a court dependin on  * place of residence of decedent! or   * location of estate  shall 4F6 B CF46"6/ in a suit or proceedin!

• eEcept in an appeal from that court! or 

• when want of urisdiction appears in the record

• NO*ES'

1. 6erm KresidesL refers to Kactual or physicalL residence! as distinuished from Kleal

residenceL or Kdomicile.L

  6here is a distinction between KresidenceL for purposes of election laws andKresidenceL for purposes of fiEin the venue of actions. (n election cases! KresidenceLand KdomicileL are treated as synonymous terms! that is! the fiEed permanent residenceto which when absent! one has the intention of returnin. 7owever! for purposes of fiEin venue under the Rules of Court! the KresidenceL of a person is his personal!

actual or physical habitation! or actual residence or place of abode! which may notnecessarily be his leal residence or domicile provided he resides therein withcontinuity and consistency. 7ence! it is possible that a person may have his residencein one place and domicile in another.  an Luis vs. an Luis! G.R. 4o. 1%%'%!<ebruary ,! 200')

2. "ec. 1! Rule '% prescribin court where decedentHs estate shall be settled – a) place of 

residence or b) where his estate is located! relates to 94$ and not urisdiction.

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  %. @here two proceedins filed! one intestate! the other testate – illustrative cases onwhich courts should have KurisdictionL=

R3/R4 '. L3N$5+ G.R.4o. *5550&! pril 2'! 1&-) – intestate in C<(

3anila Branch 20! testate reprobate) in C<( 3anila! Branch %-. Rulin= priority tosecond branch of same court C<( 3anila). a. robate of will 34/6FR?*anomalous that estate of person who died testate should be settled in intestateproceedins. b. (ntestate case should be CF4"F(/6/ with testate proceedin* ;ude assined to testate proceedin should continue hearin the two cases.

2R$+R4 '. *($ 3( NGR3 3**. G.R. 4os. *21&%-*%&! 3ay 2&! 1&'0) –

intestate in 4eros court! testate in 3anila court. Rulin= priority to first court.etitioner in 3anila court should have submitted will for probate to 4eros court!either in separate special proceedin or motion. 6estate proceedin ta#esprecedence over intestate proceedin. (f in the course of intestate proceedin! it isfound that decedent left a will! proceedin for probate of will should RCintestate proceedin.

*2N*3 '. *+ G.R. 4o.*2'2! Fctober 2,! 1&'%) – intestate in Cebu

court! testate in MC court. Rulin= priority to second court. <irst court! upon learninthat petition for probate has been presented in another court! may /C(4 6F6N CFG4(I4C of and 7F/ (4 B?4C petition before it! and instead

/<R to second court. (f the will is admitted to probate! it will definitely /C(4to ta#e coni8ance.

Eplain difference between $riarte and Cuenco rulins – (n $riarte! there was showinthat petitioner in probate proceedin #new before filin of petition in 3anila that there wasalready intestate proceedin in 4eros.

Sec. 2.'(ere estate settled upon dissolution of marriage 

  creditor cannot sue survivin spouse of a decedent in an ordinary proceedin for collection of sum of money chareable aainst the conual property. roper remedy – file aclaim in the settlement of estate of the decedent. Reason= upon death of one spouse! powersof administration of survivin spouse ceases and is passed to administrator appointed byprobate court in the settlement proceedins.  +lipio vs. *+! %1 "CR 1 A2000)

 PRES!&P*ION O% DEA*+

  Sec. )( <or purposes of settlement of his estate! a person shall be  presumed dead if absent and unheard of for the periods fiEed in the Civil

Code. (f the absentee turns out to be alive! he shall be entitled to the balance of   his estate after payment of all his debts. 6he balance may be recovered by

motion in the same proceedin.

$nder the Civil Code! absence of seven years! it bein un#nown whether or not the absentee

lives! is sufficient for the presumption of death to arise for all purposes eEcept for succession(( rticle %&0! Civil Code)

General Rule ,  person is dead for the purpose of settlin his estate if he has been missinfor ten 10) years. rticle %&0! Civil Code )

E-ception * 7owever! if the absentee disappeared after the ae of '5 years! an absence of five 5) years is sufficient for the openin of succession.

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• 7owever! the probate court has urisdiction to a) determine heirs – separate action for

declaration of heirs not proper olivio vs. *+! G.R. 4o. -%- <ebruary 12! 1&&0) andb) distribute estate.

• (t is within the urisdiction of the probate court to approve the sale of properties of a

deceased person by his prospective heirs before final adudication+ to determine whoare the heirs of the decedent+ the reconition of a natural child+ the status of a womanclaimin to be the leal wife of the decedent+ the leality of disinheritance of an heir bythe testator+ and to pass upon the validity of a waiver of hereditary rihts Roero vs.*ourt of +ppeals! G.R. No. 1889"1, +pril 18, "1" ) 

• etitioners alleed that they are the lawful heirs of 3adaleno and based on thesame! prayed that the ffidavit of "elf*dudication eEecuted by Gaudioso bedeclared null and void and that the transfer certificates of title issued in the latterHsfavor be cancelled. @hile the foreoin alleations! if admitted to be true! wouldconseDuently warrant the reliefs souht for in the said complaint! the rule that thedetermination of a decedentHs lawful heirs should be made in the correspondinspecial proceedin precludes the R6C! in an ordinary action for cancellation of titleand reconveyance! from rantin the same.  By way of eEception! the need toinstitute a separate special proceedin for the determination of heirship may bedispensed with for the sa#e of practicality! as when the parties in the civil case hadvoluntarily submitted the issue to the trial court and already presented their evidence reardin the issue of heirship! and the R6C had conseDuently rendered

 udment thereon! or when a special proceedin had been instituted but had beenfinally closed and terminated! and hence! cannot be re*opened. (Heirs of Ypon vs.Ricafrente, G.R. No. 19868, Jul! 8, "1#)

• 3atters relatin to the rihts of filiation and heirship must be ventilated in the proper

probate court in a special proceedin instituted precisely for the purpose of determininsuch rihts. Joa7uino vs. Re!es! G.R. 4o. 15,5! ;uly 1%! 200! % "CR 2,0).

• Muestions as to who are the heirs of the decedent! proof of filiation of illeitimate

children and the determination of the estate of the latter and claims thereto should beventilated in the proper probate court or in a special proceedin instituted for thepurpose and cannot be adudicated in the instant ordinary civil action which is for

recovery of ownership and possession.  +gapa! vs. alang * G.R. 4o. 11,,,-! ;uly 2-!1&&')

• OOO6here appears to be onl) one parcel of land being clai"ed b) t$e contending

parties  as their inheritance from ;uan Gabatan. It would be "ore practical todispense wit$ a separate special proceeding for t$e deter"ination of t$e statusof respondent as t$e sole $eir of /uan Gabatan5 specially in liht of the fact that theparties to Civil Case 4o. -&*0&2! had voluntarily submitted the issue to the R6C and

already presented their evidence reardin the issue of heirship in these proceedin .Ga&atan vs. *ourt of +ppeals! G.R. 4o. 15020,! 3arch 1%! 200&) * 6/C

• 6he urisdiction of the probate court eEtends to matters incidental or collateral to the

settlement and distribution of the estate! such as the determination of the status of each heir and whether the property in the inventory is conual or eEclusive property of the deceased spouse.  +gtarap vs. +gtarap! G.R. No. 199, June 8, "11)

• (n the eEercise of probate urisdiction. the court may issue warrants and process

necessary to compel the attendance of witnesses or to carry into effect their ordersand udments! and all other powers ranted to them by law Rule '%! "ec. %).

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 #. Summar$ Settlement of Estates

1. Extrajudicial settlement $ a%reement et"een heirs, "henallo"ed

  Rule 7)* Sec. 1. +trajudicial settlement by agreement bet,een t(e (eirs

• RE6!ISI*ES O% E7*RA/!DICIAL SE**LE&EN*

1. /ecedent dies intestate2. 4o outstandin debts at time of settlementO%. 7eirs all of leal ae or minors represented by udicial uardians or lealrepresentatives. "ettlement made in public instrument duly filed with Reister of /eeds5. ublication in newspaper of eneral circulation in the province once a wee# for % consecutive wee#s,. Bond eDuivalent to value of personal property posted with Reister of /eedsOO

  O resumed that decedent left no debts if no creditor filed petition for letters of administrationwithin 2 years after death of decedent.

  OO 8ond reDuired only when personal property is involved in the eEtraudicial settlement. Realestate is subect to lien in favor of creditors! heirs or other persons for 2 years from distributionof estate! notwithstandin any transfers of real estate that may have been made "ec. %! Rule'). 

• R6(F4 for "ec. 1! Rule ' – when person dies without havin obliations

to be paid! his heirs are not bound to submit property for udicial administration! whichis always lon and costly 2tulo vs. asion! ,, hil. %02).

• (< 7(R" /("GR – ordinary action for partition.

• (< F4? F4 7(R – affidavit of self*adudication.

<((4G F< :6R;$/(C( "66346 @(67 RG("6R F< //"

RM$(R/ – whether by public instrument! affidavit! stipulation in pendinaction for partition.

   ac# of reistration of eEtraudicial settlement does not affect its validity

when there are no creditors or rihts of creditors are not involved 'da. de Re!esvs. *+! 1&& "CR ,, 1&&1).

/"(6 (6" $B(C6(F4! eEtraudicial settlement 4F6 B(4/(4G on any

person who has not participated therein or who had no notice thereof "ec.1! last par.! Rule '+ apilo vs. *+! 101 hil. '1 A1&5-).

• E-tra4udicial settle"ent 9 on w$o" binding

Bindin only on those who participated or $ad notice of the settlement.  6he procedure outlined in "ection 1 of Rule ' is an eE parte proceedin. 6he ruleplainly states! however! that persons w$o do not participate or $ad no notice of ane-tra4udicial settle"ent will not be  bound t$ereb). 6he publication of the settlementdoes not constitute constructive notice to the heirs who had no #nowlede or did not ta#e

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part in it because the same was notice after the fact of eEecution. 0*ua vs. 'argas, G.R. 4o.15,5%,! Fctober %1! 200,)

  *$e publication of t$e settle"ent does not constitute constructive notice to t$e$eirs w$o $ad no :nowledge or did not ta:e part in it because t$e sa"e was noticeafter t$e fact of e-ecution. 6he reDuirement of publication is eared for the protection of creditors and was never intended to deprive heirs of their lawful participation in thedecedentHs estate. pouses 4iro vs. Heirs of *u!os! G.R. 4o. 1,1220! ;uly %0! 200-2

  2. &"o'$ear prescripti(e period

•  ction to annul deed of eEtraudicial settlement – "ec. ! Rule ' provides a twoyear prescriptive period 1) to persons who have participated or ta:en part  or $adnotice of the eEtraudicial partition! and 2) when the provisions of "ec. 1 of Rule 'have been strictly complied with – that all  persons or $eirs of the decedent haveta:en part in the eEtraudicial settlement or are represented by themselves or throuhuardians edrosa vs. *+! %5% "CR ,20 A2001).

 

3. A)da(it of self'adjudication $ sole heir 

 dudication by an heir of the decedentHs entire estate to himself by means of anaffidavit is allowed only if he is the sole heir to the estate 5elgado vda. de 5e la Rosa vs.Heirs of Marciana Rustia vda. de 5aian! -0 "CR %% A200,).

  Respondent! believin rihtly or wronly that she was the sole heir to ortualHs estate!eEecuted on <ebruary 15! 1&-- the Duestioned ffidavit of dudication under the secondsentence of Rule '! "ection 1 of the Revised Rules of Court. "aid rule is an eEception tothe eneral rule that when a person dies leavin a property! it should be udiciallyadministered and the competent court should appoint a Dualified administrator! in the order established in "ec. ,! Rule '- in case the deceased left no will! or in case he did! he failedto name an eEecutor therein. 0ortugal vs. ortugal/eltran* G.R.4o. 155555! uust 1,!2005 :

 "ince ;osefa /elado had heirs other than Guillermo Rustia! Guillermo could not have

validly adudicated ;osefaHs estate all to himself. Rule '! "ection 1 of the Rules of Court

is clear. dudication by an heir of the decedentHs entire estate to himself by means of anaffidavit is allowed only if he is the sole $eir  to the estate. 0$n t%e Matter of t%e $ntestatestate of 5elgado, G.R. 4o. 155'%%! ;anuary 2'! 200,

  !. Summar$ settlement of estates of small (alue, "hen  allo"ed

/istinction between eEtraudicial settlement ") and summary settlement of estates of small value "")=

1. "*no court intervention""*udicial adudication althouh summary

2. "*value of estate immaterial""*applies only where ross value not more than 10!000.00

%. "*allowed only in intestate succession""*both testate and intestate

. "*no outstandin debts of estate at time of settlement""*even if there are debts

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 *. +emedies of a%%rie(ed parties after extrajudicial settlementof estate

  6he remedy of an heir who did not participate in! or had no #nowlede of! the eEtraudicialpartition is to file an action for reconveyance.

Prescriptive period for  non,participants  Remedy of an heir who did not participate in! or had no #nowlede of! the eEtraudicial

partition ** file an action for reconve)ance. rescriptive period for non*participants – *EN 3EARS! because an action for reconveyance based on implied or constructive trust! bein an

obliation created by law! prescribes in 10 years rt. 11! par. 2! Civil Code)  4eves vs. *ourt of +ppeals! 

G.R. 4o. 10&&,% Fctober 1%! 1&&&

  6he period starts from issuance of title over the property Mar7ue) vs. *+! %00 "CR ,5%A1&&-). Constructive trusts under rt. 15, are established to prevent unust enrichment. (nMar7ue) ! husband eEecuted affidavit of self*adudication without includin the children 

6he rulin in Gerona vs. 5e Gu)an! 11 "CR 15% 1&,)! cited in edrosa vs. *+,! thatprescriptive period for non*participants is years from discovery of fraud! i.e.! when deed wasfiled with Reister of /eeds and new title issued! is not applicable! because the same wasbased on the old Code of Civil rocedure "ec. %! which overned prescription). 6he Geronadoctrine was abandoned in +erol vs. /agu&aran! 15 "CR %&, 1&-') and reiterated in

*aro vs. *+! 1-0 "CR 01 1&-&) and Mar7ue) vs. *+.

  Re"ed) of annul"ent of e-tra4udicial settle"ent and title issued pursuant t$ereto  6he  deed of eEtraudicial partition eEecuted without includin some of the heirs! who had no

#nowlede of and consent to the same! is fraudulent and vicious . 6he deed of settlement made bypetitioners was invalid because it eEcluded respondents who were entitled to eDual shares in thesubect property. $nder the rule! no eEtraudicial settlement shall be bindin upon any person whohas not participated therein or had no notice thereof.

 s the R6C nullified the /eed of Etraudicial "ettlement of state mon 7eirs with @aiver of Rihts eEecuted by petitioners and the title issued in accordance therewith! the order of partition of the land subect of the settlement in accordance with the laws on intestate succession is proper

Reillo vs. an Jose, G.R. No. 166#9#, June 18, "9 

I"prescriptibilit) of action to annul fraudulent e-tra4udicial settle"ent  $nDuestionably! the /eed of Etra*udicial artition is invalid insofar as it affects the leitimateshare pertainin to the defendant*appellee in the property in Duestion. 1avvphi1 6here can be no Duestionthat the /eed of Etra*udicial artition was fraudulently obtained. 7ence! an action to set it asideon the round of fraud could be instituted.

6he deed of eEtra*udicial partition in the case at bar bein invalid! the action to have it annulleddoes not prescribe.

  0/autista vs. /autista, G.R. No. 16;;6, +ugust #, ":

 /autista and earlier  rulins were based on rticle 110 of the Civil Code=

  K6he action or defense for the declaration of the ineEistence of a contract does notprescribe.L

 mon the contracts that are ineEistent and void from the beinnin under rticle 10& are  K2) 6hose which are absolutely simulated or fictitious.L

  /autista was reiterated in the later case of Neri =  (n the eEecution of the Etra*;udicial "ettlement of the state with bsolute /eed of "ale infavor of spouses $y! all the heirs of nunciacion should have participated. Considerin thatutropia and 9ictoria were admittedly eEcluded and that then minors Rosa and /oulas werenot properly represented therein! the settlement was not valid and bindin upon them andconseDuently! a total nullity

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  Fn the issue of prescription! the Court arees with petitioners that the present action hasnot prescribed in so far as it see#s to annul the eEtraudicial settlement of the estate. 6heprescriptive period of 2 years provided in "ection 1 Rule ' of the Rules of Court rec#onedfrom the eEecution of the eEtraudicial settlement finds no application to petitioners who weredeprived of their lawful participation in the subect estate. Besides! an Paction or defense for the declaration of the ineEistence of a contract does not prescribeP in accordance with rticle110 of the Civil Code. Neri vs. Heirs of 2!, G.R. No. 19<#66, 3cto&er 1, "1"  :

 Action to recover propert) not i"prescriptible' 

7owever! the action to recover property held in trust prescribes after 10 years from the timethe cause of action accrues! which is from the time of actual notice in case of unreistereddeed. (n this case! utropia! 9ictoria and /oulas claimed to have #nowlede of theeEtraudicial settlement with sale after the death of their father! nriDue! in 1&& which spouses$y failed to refute. 7ence! the complaint filed in 1&&' was well within the prescriptive period of 10 yea  Neri vs. Heirs of 2!, G.R. No. 19<#66, 3cto&er 1, "1":

  Different ruling , action for reconve)ance i"prescriptible if conve)ance co"plained of was null in void ab initio'

  (n actions for reconveyance of the property predicated on the fact that the conveyancecomplained of was null and void a& initio! a claim of prescription of action would beunavailin.6he action or defense for the declaration of the ineEistence of a contract does notprescribe. $ng=ug4iro vs. *asals! G.R. 4o. 1%'1-! uust 20! 2001+ 5ualiang vs. er&an!G.R. 4F. 1551%%! <ebruary 21! 200'+ Maca&a&&ad vs. Masirag ! G.R. 4o. 1,12%'! ;anuary1! 200&)

  @hat is the effect of the issuance of 6C6s in the name of petitionersQ (n other words! doesthe issuance of the certificates of titles convert the action to one of reconveyance of titled landwhich! under settled urisprudence! prescribes in ten 10) yearsQ

  recedents say it does not+ t$e action re"ains i"prescriptible! the issuance of thecertificates of titles notwithstandin.  Maca&a&&ad vs. Masirag ! G.R. 4o. 1,12%'! ;anuary 1! 200&)

 Additional e-ception to prescription of actions – when plaintiff! the leal owner! and notthe defendant reistered owner! is in possession of the land to be reconveyed. "aid action!when based on fraud! is imprescriptible as lon as the land has not passed to an innocent

purchaser for value Heirs of  aludares vs. *+! 20 "CR 5). Remedy of eEcluded heir when land has passed to an innocent purchaser for value – claim

for damaes aainst the heirs responsible for the fraudulent eEclusion.  >+ vs. (ernande) ! G.R. 4o. 1%-&'1! ;une ,! 2001)

 

. Production and Proate of Will

  Rule 7-   $roduction of ,ill*

 Allo,ance of ,ill necessary 

1. llowance of will is conclusive as to its due eEecution.

•  rt. '-%! Civil Code defines a will as= an act whereby a person is permitted with

the formalities prescribed by law to control to a certain deree the disposition of hisestate to ta#e effect after his death.

  etitioner should reali8e that the allowance of $er $usband;s will is conclusive onl)as to its due e-ecution( 6he authority of the probate court is limited to ascertainin

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whether the testator! bein of sound mind! freely eEecuted the will in accordance with theformalities prescribed by law. 6hus! petitionerHs claim of title to the properties formin partof her husbandHs estate should be settled in an ordinary action before the reular courts.Nittsc%er vs. Nittsc%er ! G.R. 4o. 1,05%0! 4ovember 20! 200')

2. robate of will special proceedin to establish the validity of a will) is 34/6FR?.robate of the will is mandatory "ec. 1! Rule '5) and therefore ta#es precedence over 

intestate proceedins.1. 6he law enoins probate of the will and public policy reDuires it. $nless will is

probated and notice iven to the whole world! riht of a person to dispose of hisproperty by will may be rendered nuatory Maninang vs. *+! 11 "CR '-A1&-2).

. 6he /eed of /onation which is one of mortis causa! not havin followed the formalities of a will! is void and transmitted no riht to petitionersH mother. But even assumin that theformalities were observed! since it was not probated! no riht to ot 4os. ,' and ,', wastransmitted to 3aria.  +luad vs. +luad ! G.R. 4o. 1',&%! Fctober 1'! 200-

2. (n testate succession! no valid partition amon heirs until after will has beenprobated Ralla vs. Judge 2ntalan! 1'2 "CR -5- A1&-&).

%. resentation of will cannot be dispensed with on the round of "6F because

public policy reDuires that a will should be probated (ernande) vs. 5iagui&a! 21"CR 2- A1&,').

 

1. -ature of proate proceedin%

• PRO8A*E CO!R* DOES NO* LOO# IN*O IN*RINSIC ALIDI*3

GENERAL R!LE= robate courtHs authority is limited only to eEtrinsic validity of thewill! i.e.=

a. due eEecution – voluntariness

b. testatorHs testamentary capacity – sound mindc. compliance with formal reDuisites or solemnities

1. (ntrinsic validity of the will normally comes after court declares that will has been dulyauthenticated.

2. Court at this stae of the proceedins is not called upon to rule on intrinsic validity or leality of the provisions of the will Nuguid vs. Nuguid ! 1' "CR & A1&,,+ Maninang vs. *+, supra).

E7CEP*IONS'

1. (n eEceptional instances! courts not powerless to pass upon certain provisions of willwhich it may declare invalid even as it upholds eEtrinsic validity of will  +=ero vs. *a!2%, "CR -- A1&&).

2. robate court may only disreard passin on eEtrinsic validity of will where intrinsicvalidity apparent on face of will Maninang vs. *+, supra)

%. robate of will miht become idle ceremony if on its face it appears intrinsically void.

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. (n Nuguid ! court ruled that will was intrinsically invalid as it completely preterited parentsof the testator.

 a. reterition – annuls institution of heirsb. /isinheritance – annuls institution of heirs as to portion of estate which disinherited

heirs have been illeally deprived 

2. Who ma$ petition for proate persons entitled to notice

  Rule 7   Allo,ance or #isallo,ance of 'ill 

Sec. 1. '(o may petition for allo,ance of ,ill.

• .+O 

1. Eecutor2. eatee – need not be a relative of decedent%. /evisee – need not be a relative of decedent. Fther interested person * heir+ creditor 5. 6estator – durin his lifetime

• .+EN – at any time after death of testator – not subect to bar by statute of 

limitations and does not prescribe! since it is reDuired by public policy.

• .+ERE 9 court havin urisdiction 

• .+A* 9 petition to have will allowed whether=

a. will in possession of petitioner or notb. will lostc. will destroyed

  /!RISDIC*ION +O. AC6!IRED

a. ttachin of mere copy of will sufficient – anneEin of oriinal of will to thepetition is not urisdictional reDuirement.

b. /elivery of will sufficient even if no petition filed – under "ec. %! Rule ',! Kwhena will is delivered to the court!L court could otu proprio ta#e steps to fiE time and place for provin the will! issue correspondin notices.

• Onl) :nown $eirs5 legatees and devisees entitled to personal notice

  Rule 7* Sec. )./eirs* devisees* legatees and e+ecutor to be notified by mail or personally.

1. 4otice of time and place of hearin should be addressed to

a. desinated or #nown heirs! leatees and devisees  b. person named as eEecutor if he is not petitioner)

c. person named as co*eEecutor not petitionin

2. residin in the hilippines%. at their places of residence! if #nown. ersonal service – at least 10 days before hearin5. 3ailed service – at least 20 days before hearin

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,. (< 6"66FR as#s for allowance of his own will – notice shall be sent only to hisCF3$"FR? 7(R".

• Notice to Designated +eirs5 Legatees and Devisees /urisdictional – when they are

#nown 4/ their places of residence are #nown 5e +rran) vs. Galing ! 1,1 "CR,2-).

  4otice is reDuired to be personally iven to #nown heirs! leatees! and devisees of thetestator. A"ec. ! Rule ',! Rules of Court. perusal of the will shows that respondent wasinstituted as the sole heir of the decedent. etitioners! as nephews and nieces of thedecedent! are neither compulsory nor testate heirs who are entitled to be notified of theprobate proceedins under the Rules. Respondent had no leal obliation to mentionpetitioners in the petition for probate! or to personally notify them of the same. 0+la&an vs.*+, G.R. 4o. 15,021! "eptember 2%! 2005).

D. Allo"ance or Disalllo"ance of "ill

  1. ontents of petition for allo"ance of "ill

  Rule 7* Sec. 2. &ontents of petition.

  a. ;urisdictional facts=1. that a person has died leavin a will+ and

  2. the testator at the time of death is a resident within the territorial urisdiction of thecourt+ or 

  %. the testator is a non*resident at the time of death but left property within theterritorial urisdiction of the court

  b. names! aes and residences of the heirs! leatees and devisees of the testator or decedent

  c. probable value and character of the property of the estate  d. 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 havin custody

thereof  

Rule 7* Sec. 3. &ourt to appoint time for proving t(e ,ill. !otice t(ereof to be publis(ed.

  Notice and +earing< Publication

1. fter will delivered to! or petition for allowance of will filed in court havin urisdiction!court –

a. shall fiE time and place for provin will – when all concerned may appear to contestallowance thereof.

b. cause notice of such time and place to be $B("7/ % wee#s successively innewspaper of eneral circulation in the province.

2. 4F 4@"R $B(C6(F4 – where petition for probate filed by 6"66FRhimself.

  Probate of .ill is In Re"

• 4otice by publication as prereDuisite to allowance of will is CF4"6R$C6(9

4F6(C to the whole world. 

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• @hen probate is ranted! the udment is bindin upon everybody! even aainst

the state.

  Probate /!RISDIC*IONAL 

@ithout publication of petition! proceedins for settlement of estate is 9F(/ andshould be 44$/.

 Rule 7* Sec. -. $roof of (earing. '(at sufficient in absence of contest.

• EIDENCE IN*ROD!CED A* PRO8A*E O% .ILL

1. ublication

2. 4otice of hearin served on #nown heirs! leatees! devisees! etc. if places of residence#nown

%. 6estimony of subscribin witnesses

α. $ncontested – one witness sufficient

β. Contested – all subscribin witnesses and

notary wills eEecuted under Civil Code)other witnesses under certain conditions)

. 7oloraphic willa. $ncontested – at least one witness who #nows handwritin and sinature of 

testator+ eEpert testimony in the absence of competent witness)b. Contested – at least % witnesses who #now handwritin of testator+ eEpert

testimony in the absence of competent witness)

5. 7oloraphic will – testator himself as petitioner 

α. Contested – contestant has burden of disprovin enuineness and due eEecution

β. $ncontested – testator must affirm that will and sinature are in his own handwritin

 

• Substantial Co"pliance Rule

 (f will eEecuted in substantial compliance with formalities of law! and possibility of bad

faith obviated – it should be admitted to probate 5e Jesus vs. 5e Jesus! 1% "CR 25).

2. /rounds for disallo"in% "ill

  Rule 7* Sec. 0. Grounds for disallo,ing ,ill.

=( Legal for"alities

α. not eEecuted and attested as reDuired by law

>( *esta"entar) capacit)β. testator insane or otherwise mentally incapable to ma#e will at time of eEecution

?( Due e-ecution

χ. eEecuted under duress! or the influence of fear! or threats

δ. procured by undue and improper pressure and influence on the part of the

beneficiary! or some other person! for his benefit.

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ε. sinature of testator procured by fraud or tric# and he did not intend that the

instrument be his will at time of fiEin his sinature

φ. testator acted &! ista-e or did not intend t%at instruent &e signed or s%ould &e

%is ?ill at t%e tie of affi@ing %is signature rt. %-&! Civil Code)

• Grounds for Disallowance of .ill E-clusive

  ists in "ec. &! Rule ', and rt. %-& are :C$"(9 – 4F F67R GRF$4/ can serveto disallow a will.

  Eample= (f testator fails to sin and date some dispositions in holoraphic will! it affects

only the validity of the dispositions! but not the whole will. Ec. (f unauthenticated alterations!cancellations or insertions are made on the /6 of will of on testatorHs "(G46$R  +=erovs. *+, supra).

• Separate wills "a) be probated 4ointl) 'da. de ere) vs. 4olete! 2%2 "CR '22

A1&&).

3. +eproate +e0uisites efore "ill pro(ed outside allo"ed in thePhilippines eects of proate

  Rule 77   Allo,ance of ,ill proved outside of p(ilippines

and administration of estate t(ereunder 

Sec. 1. 'ill proved outside of t(e $(ilippines may be allo,ed (ere.

• 9(/4C 4C""R? <FR RRFB6 F< @( or will probated outside the

hilippines=

1. due eEecution of will in accordance with forein laws2. testator has domicile in forein country and not hilippines%. will has been admitted to probate in such country. fact that forein court is a probate court5. law of the forein country on procedure and allowance of wills

'da. de ere) vs. 4olete, supra)

• Reprobate of will

@hile forein laws do not prove themselves in our urisdiction and our courts are notauthori8ed to ta#e udicial notice of them+ however! petitioner! as ancillary administrator of 

 udreyHs estate! was duty*bound to introduce in evidence the pertinent law of the "tate of 3aryland.  +nc%eta vs. Guerse!5ala!gon! G.R. 4o. 1%&-,-! ;une -! 200,)

  person who see#s to reprobate a will eEecuted in a forein country must prove the lawsand procedure of that forein country on wills. s forein laws do not prove themselves and

our courts do not ta#e udicial notice of them! the petitioner in the probate proceedins has theburden to prove introduce evidence of such forein law.

 +nc%eta vs. Guerse!5ala!gon, G.R.4o. 1%&-,-! ;une -! 200,). 

Courts will presume that the forein law is the same as local law followin the doctrine of 

processual presumption in the absence of proof of the applicable forein law. @here a forein

law is not pleaded or! even if pleaded! is not proved! the presumption is that the forein law is

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the same as hilippine law. +4*$ 3verseas *orporation vs. tc%in! G.R. 4o. 1'-551! Fctober 

11! 2010)

P!8LICA*ION AND NO*ICE RE6!IRED  Compliance with "ecs. % and of Rule ',! re publication and notice by mail or personallyto #nown heirs! leatees and devisees of testator resident in the hilippines and to eEecutor!if he is not the petitioner! reDuired also in wills for reprobate 'da. de ere) vs. 4olete).

  E%%EC* O% REPRO8A*E  @hen the will is allowed! it shall have the same effect as if oriinally proved and

allowed in such court Rule ''! "ec. %).6he letters testamentary or of administration ranted shall eEtend to all of the estate of 

the testator in the hilippines. fter payment of ust debts and eEpenses of administration!the estate shall be disposed of accordin to such will! so far as such will may operate upon itRule ''! "ec. ).

E. etters &estamentar$ and of Administration

  Rule 7   etters testamentary and of administration* ,(en and to ,(om issued 

  Sec. 1. '(o are incompetent to serve as e+ecutors or administrators

• :C$6FR – person named in the will to administer decedentHs estate to carry out

provisions thereof 

•  /3(4("6R6FR – person appointed by the court to administer the estate

•  dministrator need not be an heir – can be a straner to the deceased! such as a

creditor.

  GRO!NDS %OR INCO&PE*ENCE

1. 3inority2. 4on*residence

%. $nfitnessa. drun#ennessb. incompetencec. want of understandind. want of interitye. conviction of offense involvin moral turpitude anythin done contrary to ustice!

honesty! ood morals)

• Courts may refuse to appoint a person as eEecutor or administrator on round

of $4"$(6B4"" – adverse interest or hostile to those immediatelyinterested in the estate Li vs. 5ia)Maillares! 1- "CR %'1 A1&,,).

<ailure to file an income taE returnL is not a crime involvin moral turpitude because themere omission is already a violation reardless of the fraudulent intent or willfulness of theindividual. Repu&lic vs. Marcos! G.R. 4o. 1%0%'1! uust ! 200&)

  LE**ERS *ES*A&EN*AR3 ISS!ED .+EN .ILL ALLO.ED Rule '-! "ec. )  @hen the will is proved and allowed! the court shall issue 66R"6"6346R? thereon to the person named as :C$6FR therein! if he is **

  a. competent  b. accepts the trust and

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  c. ives bond

1. When and to "hom letters of administration %ranted

  Rule 7* Sec. . '(en and to ,(om letters of administration granted 

• .$en ad"inistration granted

1 4o eEecutor named in will ) letters of adinistration2 EecutorJs isJare)= ) ?it% ?ill anne@ed 

a. (ncompetent

- 3inor - 4on*resident

- $nfitb. Refuse the trustc. <ail to ive bond

% erson dies intestate ) letters of adinistration @ill void and not allowed )

2. rder of preference

Order of preference in appoint"ent of ad"inistrator Rule '-! "ec. ,)

1. survivin spouse – partner in conual partnership and heir of deceased  2. neEt of #in

• &eaning of ne-t of :in

 Fn the matter of appointment osf administrator of the estate of the deceased! the

survivin spouse is preferred over the neEt of #in of the decedent. @hen the law spea#s of KneEt of #inL! the reference is to those who are entitled! under the statute of distribution! to thedecedentHs property+ one whose relationship is such that he is entitled to share in the estate asdistributed! or! in short! an heir. (n resolvin! therefore! the issue of whether an applicant for letters of administration is a neEt of #in or an heir of the decedent! the probate court perforcehas to determine and pass upon the issue of filiation. separate action will only result in amultiplicity of suits. 0+ngeles vs. Magla!a! G.R. 4o. 15%'&-! "eptember 2! 2005 :

%. person reDuested by spouse or neEt of #in  . principal creditors

α. if spouse or neEt of #in is incompetent or unwillin or 

β. nelects for %0 days after death of decedent to apply for administration! or to

reDuest that administration be ranted to some other person

5. other person selected by court – if no creditor competent or willin 

6he order of preference in the appointment of a reular administrator as provided in theafore*Duoted provision does not apply to the selection of a special administrator. 6hepreference under "ection ,! Rule '- of the Rules of Court for the neEt of #in refers to theappointment of a reular administrator! and not of a special administrator! as the appointmentof the latter lies entirely in the discretion of the court! and is not appealable(  4ot beinappealable! the only remedy aainst the appointment of a special administrator is Certiorariunder Rule ,5 of the Rules of Court. 4an vs. Gedorio, Jr .! G.R. 4o. 1,,520! 3arch 1! 200-)

 

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• Court "a) re4ect order of preference

  @hile survivin spouse is entitled to preference in the appointment! circumstancesmiht warrant his reection and appointment of someone else! at the discretion of the court (

• Interest in estate as principal consideration

  (n the appointment of an administrator! the principal consideration is the interest in theestate of the one to be appointed.

6hose who will reap benefit of a wise! speedy and economical administration or will

suffer conseDuences of waste! improvidence or mismanaement – have the 7(G7"6(46R"6 and 3F"6 (4<$46( 3F6(9 to administer estate correctly Gon)ales vs. +guinaldo! 1&0 "CR 112 A1&&0).

6he order of preference does not rule out the appointment of co*administrators!especially in cases where ustice and eDuity demand that opposin parties or factions berepresented in the manaement of the estate.

3. pposition to issuance of letters testamentar$ simultaneous4lin% of petition for administration

  Rule 70

  %pposing issuance of letters testamentary* petition and contestfor letters of administration

• LE**ERS *ES*A&EN*AR3 – issued to eEecutor 

• LE**ERS O% AD&INIS*RA*ION .I*+ .ILL ANNE7ED 9 ranted to administrator 

when there is no eEecutor named in will! or eEecutor is incompetent! refuses trust or fails to ive bond.

• LE**ERS O% AD&INIS*RA*ION – ranted to administrator in intestate proceedins.

  Sec. 1. %pposition to issuance of letters testamentary. Simultaneous petition for 

administration 

 ny person interested in a will may oppose in writin the issuance of letterstestamentary to persons named as eEecutors! and at the same time file petition for letters of administration with will anneEed.

3eanin of Kinterested person@ – one who would be benefited by the estate heir)! or one who has a clai" aainst the estate creditor). (nterest must be 36R( and /(RC6!not merely indirect or continent agunsin vs. Linda!ag ! , "CR -').

  n Kinterested personL has been defined as one w$o would be benefited by theestate! such as an heir! or one w$o $as a clai" aainst the estate! such as a creditor. 6he

interest must be material and direct! and not merely indirect or continent an Luis vs. anLuis! G.R. 4o. 1%%'%! <ebruary ,! 200')

  @here the riht of the person filin a petition for the issuance of letters of administration is dependent on a fact which has not been established or worse! can no loner be established! such continent interest does not ma#e her an interested party. 4a!ag ve.4a!agGallor ! G.R. 4o. 1',-0! 3arch 2! 200-)

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Sec. 2 &ontents of petition for letters of administration

  6he 4urisdictional facts reDuired in a petition for issuance of letters of administration are=1) the death of the testator+ 2) residence at the time of death in the province where theprobate court is located+ and %) if the decedent was a non*resident! the fact of bein aresident of a forein country and that the decedent has left an estate in the province where thecourt is sittin. Garcia vda. de Chua vs. Court of ppeals! G.R. 4o. 11,-%5 3arch 5! 1&&-)

P!8LICA*ION AND NO*ICE RE6!IRED "ec. %! Rule '&)

  ublication and notice of hearin per "ec. %! Rule ',) urisdictional.

   lso! notice to K#nown heirs and creditors of the decedent! and to any other person believedto have an interest in the estateL per "ec. ! Rule ',) if names and addresses are #nown 5e

 +rran) vs. Galing ).

!. Po"ers and duties of executors and administrators restrictionson their po"ers

 owers=

  a. ossess and manae estate of the deceased to pay debts and eEpenses of administration. Rule -! "ec. 2)  b. Eecutor or administrator of estate of a deceased partner) 7ave access to! eEamine

and ta#e copies of! boo#s and papers relatin to the partnership business! andeEamine and ma#e invoices of the property belonin to such partnership (bid.! "ec.1).

  c. @ith the approval of the court! to compound or compromise with a debtor of thedeceased Rule -'! "ec. )

  /uties  a. 3aintain the estate in tenantable repair! and.

 b. /eliver the same to the heirs or devisees when directed by the court. Rule -!"ec. %)

6he administrator may only deliver properties of the estate to the heirs after payment of 

the debts! funeral chares and other eEpenses aainst the estate! eEcept whenauthori8ed by the court ilverio, Jr. vs. *ourt of +ppeals! G.R. 4o. 1'-&%%! "eptember 1,! 200&)

 *. Appointment of special administrator

  Rule    Special administrator 

• .+EN IS SPECIAL AD&INIS*RA*OR APPOIN*ED

1. @hen there is dela) in rantin letters testamentary or of administration b) an)

cause  * includin appeal from allowance or disallowance of will

2. court may appoint special administrator to ta#e possession and chare of the estateof the deceased

%. untila. Duestions causin delay decided or 

  b. eEecutors or administrators appointed

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  6he appointment of a special administrator is ustified only when there is delay inrantin letters! testamentary in case the decedent leaves behind a will) or administrative inthe event that the decedent leaves behind no will! as in the etition at bar) occasioned by anycause. 6he principal obect of the appointment of a temporary administrator is to preserve t$eestate until it can pass into the hands of a person fully authori8ed to administer it for thebenefit of creditors and heirs. 4an vs. Gedorio, Jr .! G.R. 4o. 1,,520! 3arch 1! 200-)

•P!8LICA*ION AND NO*ICE RE6!IRED

ven in the appointment of a special administrator! same urisdictional reDuirementsunder "ec. %! Rule '&.

• ORDER APPOIN*ING SPECIAL AD&INIS*RA*OR NO* APPEALA8LE

  Frder appointin special administrator interlocutory in nature and mere incident in the udicial proceedins! hence not appealable. 6he remedy is a petition for certiorari.

( Manungas vs. Loreto! G.R. 4o. 1&%1,1! uust 22! 2011)

5. /rounds for remo(al of administrator

  Rule 2   Revocation of Administration*#eat(*  Resignation and Removal of +ecutors

and Administrators

Sec. 1. Administration revo4ed if ,ill discovered. $roceedings t(ereon.

1. (f after letters of administration have been ranted as if decedent died intestate! his willis RF9/ 4/ F@/ by the court!

2. letters of administration shall be R9FN/ and all powers thereunder cease.%. dministrator shall forthwith

a. surrender letters to the court andb. render his account within such time as the court directs

. roceedins for issuance of letters testamentary or of administration will follow.

Sec. 2. &ourt may remove or accept resignation of e+ecutor or administrator.  $roceedings upon deat(* resignation* or removal.

  Concernin complaints aainst the eneral competence of the administrator! theproper remedy is to see# the removal of the administrator in accordance with "ection 2! Rule-2. @hile the provision is silent as to who may see# with the court the removal of theadministrator! a creditor! even a continent one! would have the personality to see# such relief.

 fter all! the interest of the creditor in the estate relates to the preservation of sufficient assetsto answer for the debt! and the eneral competence or ood faith of the administrator isnecessary to fulfill such purpose. Hilado vs. *ourt of +ppeals! G.R. 4o. 1,10-! 3ay -! 200&)

  Sec. 3. Acts before revocation* resignation* or removal to be valid.

 Effect of revocation5 resignation or re"oval of e-ecutor or ad"inistrator on $is

previous acts  – lawful acts shall have same validity as if no revocation! resination or removal.

  .+A* *O DO .I*+ PROCEEDINGS 9 DISCRE*IONAR3 .I*+ CO!R*

  @hether intestate proceedins already commenced should be discontinued and a newproceedin under a separate number and title should be constituted – entirely a 366R F<

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<FR3 and lies within "F$4/ /("CR6(F4 of court. /oes not preudice substantial rihts of heirs and creditors $ntestate state of Aolfson! 5 "CR %-1).

 6. laims A%ainst the Estate

  Rule    &laims against state

• Notice to creditors 9 immediately after rantin letters testamentary or of 

administration! court shall issue

- 4F6(C reDuirin all persons havin 3F4? C(3" aainst the estate

- to <( them in the office of the cler# of court "ec. 1).

  1. &ime "ithin "hich claims shall e 4led exception

• *i"e for filing clai"s 9 not more than 12 months nor less than ,

months after date of <(R"6 $B(C6(F4 of the notice "ec. 2). 

• New period allowed "ec. 2! second sentence)

 t any time before order of distribution is entered! creditor who failed to file his claimwithin the time set may move to be allowed to file such claim. Court may for ood cause

shown and on such terms as are ust allow such claim to be filed within a period 4F6:C/(4G F4 3F467.  Fne month does not commence from eEpiration of the oriinal period for filin claims. (tbeins from the date of the order of the court allowin said filin Barredo vs. C! , "CR,20).

  2. Statute of -on'laims

• Statute of Non,Clai"s 0SNC2 9 the period fiEed for the filin of claims  aainst

the estate(

1. eriod fiEed by probate court must not be less than , months nor more than 12 months

from the date of first publication of the notice.2. "uch period once fiEed by the court is 34/6FR? – it cannot be shortened.

eE. eriod fiEed within , months%. "4C supersedes statute of limitations – even if claim has not yet prescribed! it may be

barred by "4C.

• Ruling spirit of our probate law 9 "/? "66346 of the estate of 

deceased persons for the benefit of CR/(6FR" and those entitled to the R"(/$by way of (47R(64C or GC? after the debts and eEpenses of administrationhave been (/ i-at vs. 'illanueva! 5' hil. -,).

• Publication of notice to creditors "ec. %)

  (mmediately after notice to creditors is issued! eEecutor or administrator shall cause *

1. publication of said notice % wee#s successively in newspaper of eneral circulation inthe province! and

2. postin for the same period in

α. public places in the province and

β. 2 public places in the municipality where decedent last resided

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  P!8LICA*ION O% NO*ICE *O CREDI*ORS CONS*R!C*IE NO*ICE *O *+E.+OLE .ORLD

  7ence! creditor cannot be permitted to file his claim beyond the period fiEed in the noticeon the round that he had no #nowlede of the administration proceedins 'illanueva vs.N/! & "CR 15).

• Clai"s t$at "ust be filed "ec. 5)

1. Claims for money aainst the decedent arisin from contract5  eEpress or 

implied! whether due! not due or continent

2. Claims for funeral eEpenses and eEpenses for last sic#ness of decedent3. ;udment for money aainst decedent

a. 6he udment must be presented as a claim aainst the estate where the udment debtor dies before levy on eEecution of his properties vangelista vs. Larovedra! %- "CR %'&).b. @hen the action is for recovery of money arisin from contract! and defendantdies before entry of final udment! it shall not be dismissed but shall be allowed tocontinue until entry of final udment. favorable udment obtained by plaintiff shall be enforced under Rule -, Rule %! "ec. 20).

• &one) clai"s against a deceased debtor 

 

1. "ection 5 of Rule -, of the Rules of Court eEpressly allows the prosecution of moneyclaims arisin from a contract aainst the estate of a deceased debtor. 6hose claims are notactually eEtinuished. @hat is eEtinuished is only the oblieeHs action or suit filed before thecourt! which is not then actin as a probate court. (n the present case! whatever monetaryliabilities or obliations "antos had under his contracts with respondent were notintransmissible by their nature! by stipulation! or by provision of law. 7ence! his death did notresult in the eEtinuishment of those obliations or liabilities! which merely passed on to hisestate. /eath is not a defense that he or his estate can set up to wipe out the obliations under the performance bond. 0trong%old $nsurance *opan!, $nc. vs. Repu&lic+sa%i Glass*orporation, G.R. No. 1<;61, June, "6:

2. 6he deceased 4umeriano Bautista was a passener in a public utility eepney owned bythe deceased Rosendo de Gu8man and whose driver was uenio 3edrano. (t was avehicular accident involvin the eep which caused the death of 4umeriano. 6he civil liabilityaduded in the criminal case! and for which Rosendo de Gu8man or his estate becamesubsidiary liable! is plainly a money claim. ny direct liability of Rosendo de Gu8man or hisestate! for damaes for the death of the passener 4umeriano! is not a claim for damaes forinury to person! which should be filed under "ection 1! Rule -'. Rosendo de Gu8man was notpersonally responsible for the death of 4umeriano. 6he claim of the heirs of 4umeriano is onearisin from the contract of transportation. claim for damaes arisin from breach of contractis within the purview of "ection 5! Rule -,. 6he claim of plaintiff heirs of 4umeriano shouldhave been presented in the udicial proceedins for the settlement of the estate of Rosendo de

Gu8man and! not havin been so presented! has already been barred. /autista vs. 5e

Gu)an! G.R. No. L"8"98 Nove&er ";, 198#)

%.. RespondentsH monetary claim shall be overned by "ection 20 then "ection 21)! Rule %(n relation to "ection 5! Rule -, of the Rules of Court. 6hus! said money claims must be filedaainst the estate of petitioner 3elencio Gabriel.  0Ga&riel vs. /ilon, G.R. No. 1<6989,(e&ruar! , ":

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• 3ust be filed within the time limited in the notice! otherwise they are BRR/

<FR9R.

  Eception – may be set forth as CF$46RC(3" in any action eEecutor or administrator may brin aainst the claimants.Rule -,! "ec. 5)

• Rationale= 1) to protect the estate of the deceased by informin the eEecutor or 

administrator of the claims aainst it! thus enablin him to eEamine each claim and todetermine whether it is a proper one which should be allowed+ 2) speedy settlement of affairs of deceased+ and %) early delivery of property to distributes! leatees! or heirs2nion /an- of t%e %ilippines vs. anti&aBe) ! G.R. 4o. 1&&2,! <ebruary 2%! 2005).

  money claim aainst an estate is more a#in to a motion for creditors claims to bereconi8ed and ta#en into consideration in the proper disposition of the properties of theestate.

  money claim is only an incidental matter in the main action for the settlement of thedecedents estate+ more so if the claim is continent since the claimant cannot even institute aseparate action for a mere continent claim. 7ence! herein petitioners continent moneyclaim! not bein an initiatory pleadin! does not reDuire a certification aainst non*forumshoppin.%e-er vs. state of +lice %e- er! G.R. 4o. 15'&12! /ecember 1%! 200')

• Fnly 3F4? C(3" may be presented in the testate or intestate proceedins.

• 4F6 3F4? C(3" but only those arisin upon a liability contracted by

decedent before his death. 

• Claims arisin after his death cannot be presented :C6

  * funeral eEpenses* eEpenses for last sic#ness

 4.B. Claims arisin after decedentHs death may be allowed as eEpenses of 

administration.

• Enu"eration e-clusive 9 refers onl) to contractual "one) clai"s

Fnly claims for money! debt or interest thereon! arisin from contract can be presentedin the testate or intestate proceedins. 

• Clai"s w$ic$ survive deat$ of accused

Claim for civil liability survives notwithstandin death of accused if the same may alsobe based on a source of obliation other than delict contract! law! Duasi*contract! Duasi*delict)

  "eparate civil action may be enforced either aainst

a. state of accused contract)

b. EecutorJ administrator law! Duasi*contract! Duasi*delict)  eople vs. /a!otas! 2%, "CR 2%& A1&&).

  Civil actions for tort or Duasi*delict do not fall within the class of claims to be filed under the notice to creditors reDuired under Rule -,. 6hese actions! bein civil! survive the death of 

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the decedent and may be commenced aainst the administrator pursuant to "ection 1! Rule-'.. 0Hilado vs. *ourt of +ppeals! G.R. 4o. 1,10-! 3ay -! 200&)

• E-ecution of final 4udg"ent not proper re"ed) but filing of clai"

@hen udment in a civil case has become final and eEecutory! eEecution not proper remedy to enforce payment+ claimant should R"46 C(3 before probate court 5oingovs. Garlitos! ;une 2&! 1&,%).

• &anda"us not available 9 immediate payment of claim by the administrator is 4F6

366R F< R(G76 c%aus vs. /lanco! 1'& "CR '0 A1&-5).

• Ordinar) action for collection not allowed  Nacar vs. Nistal ! 11& "CR 2&)

• /udg"ent appealable 0Sec( =?2 9 udment of the court approvin or disapprovin a

claim is B as in ordinary actions

PROCED!RE %OR %ILING O% CLAI&S "ec. &)

  1. /eliverin the claim with the necessary vouchers to the cler# of court and by servin acopy on the eEecutorJadministrator   2. n affidavit must support such claim! statin the amount ustly due! that no paymentshave been made thereon which are not credited and that there are no offsets to the same.

Answer of E-ecutorAd"inistrator   @ithin fifteen 15) days after service of a copy of the claim on the eEecutor or administrator!he shall file his answer admittin or denyin the claim.  $pon the filin of an answer to a claim! or eEpiration of the time for such filin! the claimshall be set for trial with notice to both parties.

3. laim of executor or administrator a%ainst the estate 

Rule -,! "ec. -  1. (f the eEecutor or administrator has a claim aainst the estate he represents!

2. he shall ive notice thereof! in writin! to the court  %. the court shall appoint a special administrator! and

. the special administrator shall! in the adustment of such claim! have the samepower and be subect to the same liability as the eneral administrator or eEecutor inthe settlement of the estate

<rom an estate proceedin perspective! the "pecial dministratorHs commission is no lessa claim aainst the estate than a claim that third parties may ma#e. EEE 6he rulin on theeEtent of the "pecial dministratorHs commission – effectively! a claim by the specialadministrator aainst the estate – is the lower courtHs last word on the matter and one that isappealable. /riones vs. Henson*ru) ! G.R. 4o. 15&1%0! uust 22! 200-)

SOLIDAR3 O8LIGA*ION O% DECEDEN* AND &OR*GAGE DE8* D!E %RO& *+EES*A*E@here the obliation of the decedent is solidary with another debtor! the claim shall be filedaainst the decedent as if he were the only debtor. withoutpreudice to the riht of the estate to recover contribution from the other debtor. (n a ointobliation of the decedent! the claim shall be confined to the portion belonin to him. "ec.,)

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Creditor +olding a Clai" against t$e Deceased Secured b) &ortgage or Ot$er Collateral Securit) 9 7e may  1. bandon the security and prosecute his claim aainst the estate and share in the eneraldistribution of the assets of thereof+  2. <oreclose his mortae or reali8e upon his security by action in court! ma#in theeEecutor or administrator a party defendant and if there is udment for deficiency! he may filea continent claim aainst the estate within the statute of non*claims+  %. Rely solely on his mortae and foreclose udicial or eEtraudicial) the same at anytimewithin the period of the statute of limitations but he cannot be admitted as creditor and shallnot receive in the distribution of the other assets of the estate. "ec. ')

6hese remedies are distinct! independent and mutually eEclusive from each other+

thus! the election of one effectively bars the eEercise of the others.6he plain result of adoptin the last mode of foreclosure is that the creditor waives his riht to recover any deficiency from the estate. "ection '! Rule -, overns the parameters and theeEtent to which a claim may be advanced aainst the estate! whereas ct 4o. %1%5sets out the specific procedure to be followed when the creditor subseDuentlychooses the third option – specifically! that of eEtra*udicially foreclosin real property

belonin to the estate. Maglasang vs. Manila /an-ing *orporation , G.R. No.11"6, epte&er "#, "1#)

/!DG&EN* APPEALA8LE6he udment of the court approvin or disapprovin a claim shall be appealable."ec. 1%).

 !. Pa$ment of dets

  Rule    $ayment of debts of t(e estate

Sec. 1. #ebts paid in full if estate sufficient 

(f

a) after hearin all money claims aainst the estate! andb) after ascertainin the amount of such claimsthere are sufficient assets to pay the debts!the eEecutor or administrator shall pay the samewithin the time limited for that purpose

Sec. 2. $art of estate from ,(ic( debt paid ,(en provision made by ,ill.

Sec. 7. %rder of payment if estate insolvent  (f assets which can be appropriated for payment of debts are not sufficient! the eEecutor or 

administrator shall pay the debts aainst the estate! observin preference of credits under rts.

105&! 22%&*2251 of Civil Code

If Estate is Sufficient

General rule' 6he payment of the debts of the estate must be ta#en by order of preference)=1. <rom the portion or property desinated in the will+2. <rom the personal property! and%. <rom the real property.

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(f there is still a deficiency! it shall be met by contributions by devisees! leatees! or heirs whohave been in possession of portions of the estate B<FR debts and eEpenses have beensettled and paid."ecs. 1*%! ,).

E-ceptions' Instances .$en Realt) Can 8e C$arged %irst'1. @hen the personal property is not sufficient. "ection %! Rule --)2. @here the sale of personal personalty would be detrimental to the participants everyone)of the estate. "ection %! Rule --)%. @hen sale of personal property may inure the business or interests of those interested inthe estate. "ection 2! Rule -&). @hen the testator has not made sufficient provision for payment of suchdebtsJeEpensesJleacies. "ection 2! Rule -&)5. @hen the decedent was! in his lifetime! under contract! bindin in law! to deed realproperty to beneficiary. "ection -! Rule -&),. @hen the decedent durin his lifetime held real property in trust for another person."ection &! Rule -&)

ReBuisites for E-ceptions to Ensue' 1. pplication by eEecutorJadministrator2. @ritten notice to persons interested%. 7earin

6he "3 principles apply if the debt of the estate is in another country.

• *I&E %OR PA3ING DE8*S "ecs. 15 > 1,)

1. EecutorJadministrator allowed to pay debts and leacies) for a period notmore than 1 year.2. Etendible on application of eEecutorJ administrator and after notice andhearin) – not eEceedin , months for a sinle eEtension.%. @hole period allowed to oriinal eEecutorJadministrator shall not eEceed 2years.. "uccessor of dead eEecutorJadministrator may have time eEtended on noticenot eEceedin , months at a time and not eEceedin , months beyond the timeallowed to oriinal eEecutorJadministrator.

Sec. . &ourt to fi+ contributive s(ares ,(ere devisees* legatees or (eirs (avebeen in possession.

1. @here devisees! legatees or heirs have entered into possession or the estate before

debts and eEpenses settled and paid! and

2. have become liable to contribute for payment of such debts and eEpenses!

3. Court may! after hearin! order settlement of their several liabilities and order how

much and in what manner each person shall contribute and may issue eEecution ascircumstances reDuire. 

4F6= 6his provision clearly authori8es eEecution to enforce payment of the debts of the estate. Legac) is not a debt of t$e estate – leatees are amon those aainst whomeEecution is authori8ed to be issued astor vs. *+! 122 "CR --5 A1&-%).

Compare to= Rule --! "ecs. 15 > 1,Rule -&! "ecs. 1*5! ' a)

  referrin to payment of debts andJor legacies 

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  s ruled in astor, ordered payment of leacy violative of rule reDuirin prior liDuidationof estate determination of assets of estate and payment of debts and eEpenses) beforeapportionment and distributed of residue amon heirs+ leatees and devisees. 

Correct rule= "ec. 1 of Rule &0 does not include legacies as amon those that shouldbe paid before order of distribution – only debts! funeral chares! eEpenses of administration!allowance to widow and inheritance taE. 

 fter debts and eEpenses of administration paid! residue iven to heirs and thoseentitled by way of inheritance or legac)  Mag&anua vs. +-ol ! '2 hil. 5,'). urpose of administration – distribution of residue amon heirs and legatees after payment of debts andeEpenses Lu)on uret! vs. Cue&rar ! 12' "CR %01).

• .rit of e-ecution not proper procedure for pa)"ent of debts and e-penses of 

ad"inistration

$pon motion of the administrator with notice to all heirs! leatees and devisees residinin the hilippines! court shall order sale of personal property or sale or mortae of realproperty of the deceased to pay debts and eEpenses of administration out of the proceeds of the sale or mortae.

E-ception'  where devisees! leatees or heirs have entered into possession of their respective portions in the estate prior to settlement and payment of debts and eEpenses "ee"ec. ,! Rule -- above).

Pa)"ent of Contingent Clai"s "ecs. > 5)

CON*INGEN* CLAI& – Claim that is subect to the happenin of a future uncertain event.

(f the court is satisfied that a continent claim duly filed is valid! it may order theeEecutorJadministrator to retain in his hands sufficient estate to pay such continent claimwhen the same becomes absolute! or! if the estate is insolvent! sufficient to pay a portioneDual to the dividend of the other creditors.

ReBuisites for t$e Estate to be Retained to &eet Contingent Clai"s' 1. Continent claim is duly filed within the two 2) year period allowed for the creditors to

present claims+2. Court is satisfied that the claim is valid+%. 6he claim has become absolute.

Contingent Clai"s .$ic$ &ature A%*ER t$e *wo 0>2 3ear Period for %iling of Clai"s6he assets retained  in the hands of the eEecutorJadministrator! not  eEhausted in thepayment of claims! shall be distributed by the order of the court to the persons entitled to thesame.

But the assets so distributed 3? still be applied to the payment of the claim whenestablished! and the creditor may maintain an action aainst the DISTRIBUTEES to recover the

ebt! a" #$ch %#tr%b$tee# a" the%r e#tate# #ha&& be &%ab&e 'or the ebt %" roort%o" to the

e#tate the) have re#ect%ve&) rece%ve 'or* the roert) o' the ecea#e

 /. Actions $ and a%ainst Executors and Administrators

Rule 7  Actions by and against e+ecutorsand administrators

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1. Actions that ma$ e rou%ht a%ainst executors andadministrators

Sec. 1. Actions ,(ic( may and ,(ic( may not be broug(t against e+ecutor or administrator.

  Sec. 2. +ecutor or administrator may bring or defend actions ,(ic( survive.

1. 4F6 F@/ G(4"6 :C$6FR FR /3(4("6R6FR – action upon claim for 

recovery of money or debt or interest thereon.- &!S* 8E AGAINS* ES*A*E "ecs. 1! 2 > 5! Rule -,)

2. F@/ – actions which survivea. ctions to recover real or personal propert) or interest thereon! or to enforce a

lien thereon

  Civil Case 4o. 25'0 is an action for Duietin of title with damaes which is an actioninvolvin real property. (t is an action that survives pursuant to "ection 1! Rule -' as the claimis not eEtinuished by the death of a party.  aligu&a vs. alanog ! G.R. 4o. 1%%,5!/ecember ! 200-)

  Civil Case 4o. %--! which is an action for the recovery of a personal property! a motor vehicle! is an action that survives pursuant to "ection 1! Rule -' of the Rules of Court. ssuch! it is not eEtinuished by the death of a party. arsa&a vs. 'da. de 4e, G.R. 4o. 1'5&10!;uly %0! 200&)

  b. ctions to recover da"ages for an in4ur) to person or propert)! real or personal

• Eecutor or administrator may sue upon any cause of action which accrued to

the decedent durin his lifetime /a!ot vs. or&ito! %& hil. ,50).

•  ny action affectin the property rihts of a deceased which may be brouht by

or aainst him if he were alive! may be instituted and prosecuted by or aainst the

administrator! unless by its very nature! it cannot survive! because death eEtinuishessuch riht.

  Sec. 3. /eir 5and devisee6 may not sue 5e+ecutor or administrator to recover title or  possession or for damages to property6 until s(are assigned.

  Before distribution is made or before any residue #nown – heirs and devisees have 4FC$" F< C6(F4 aainst the administrator for recovery of property left by the deceasedLao vs. 5ee! &0 hil. -,-).

• .$en $eirs "a) file action in court

 General rule= heirs have no leal standin to sue for recovery or protection of property

rihts of the deceased. 

Eceptions= 

1. endin the filin of administration proceedins – under rt! '''! rihts tosuccession are transmitted from the moment of death of the decedent.

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2. dministration proceedins have already been commenced but administrator has not yet been appointed.%. Eecutor or administrator is unwillin or refuses to brin suit.. dministrator is alleed to have participated in the act complained of and he ismade a party defendant.

 Sec. . mbelement before letters issued.

• Double value rule

  (f before rant of letters testamentary or of administration! a person embe88les or alienates money or property of the deceased – liable to an action in favor of eEecutorJadministrator for /F$B 67 9$ of the property sold! embe88led or alienated(

3. +e0uisites efore creditor ma$ rin% an action for reco(er$ of propert$ fraudulentl$ con(e$ed $ the deceased

  Sec. 1. '(en creditor may bring action. ien for costs.

  @hen there is1. /eficiency of assets

  2. /eceased in his lifetime had made or attempted such a conveyance with intent todefraud creditors or to avoid any riht! debt or duty) as stated in "ec. &! and

%. Eecutor or administrator has not commenced the action provided in "ec. & entitledropert! fraudulentl! conve!ed &! t%e deceased a! &e recovered. A%en e@ecutor or adinistrator ust &ring action:

 ny creditor of the estate may! with the permission of the court! commence and

prosecute to final udment! in t$e na"e of t$e e-ecutor or ad"inistrator ! a li#eaction for the recovery of the subect of the conveyance or attempted reconveyance for the benefit of the creditors.

o Creditor should file a BF4/ eEecuted to the eEecutor or administrator!

in an amount approved by the ude! conditioned to indemnify the eEecutor or administrator aainst the costs and eEpenses incurred by reason of such action.o   Creditor shall have a (4 upon any udment recovered by him for 

reasonable costs and eEpenses

@hen conveyance or attempted conveyance made by deceased in his lifetime in favor of the eEecutor or administrator! action shall be in t$e na"e of all t$e creditors and

  permission of the court and filin of bond not necessary 

7. Distriution and Partition

  Rule 0   #istribution and partition of estate

  Sec. 1. '(en order for distribution of residue made

• General rule= distribution of the residue to persons entitled thereto after notice and

hearin and after payment of –a. debtsb. funeral charesc. eEpenses of administrationd. allowance to widowe. inheritance taE

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Eception= distribution before payment of obliations provided distributees iveBF4/ conditioned for payment thereof within such time as court directs.

  1. i0uidation

 • ReBuisites before distribution of estate

  1. iDuidation * determination of all assets of the estate and payment of all debts andeEpenses

  2. /eclaration of heirs – to determine to whom residue of the estate should bedistributed. "eparate action for declaration of heirs not proper.

  6he Reional 6rial Court in the instant case! actin in its eneral urisdiction! is devoidof authority to render an adudication and resolve the issue of advancement of the realproperty in favor of herein petitioner 4atcher! inasmuch as Civil Case 4o. '10'5 for reconveyance and annulment of title with damaes is not! to our mind! the proper vehicle tothresh out said Duestion.

6he net estate of the decedent must be ascertained! by deductin all payableobliations and chares from the value of the property owned by the deceased at the time of his death+ then! all donations subect to collation would be added to it @ith the partible estatethus determined! the leitime of the compulsory heir or heirs can be established+ and only thencan it be ascertained whether or not a donation had preudiced the leitimes. 0Heirs of 5oronioversus Heirs of 5oronio! G.R. 4o. 1,&5! /ecember 2'! 200')

 2. Project of partition

 .+EN PRO8A*E CO!R* LOSES /!RISDIC*ION 

roect of partition – 6owards the end of the proceedins in a settlement of estate petition!a proect of partition is usually prepared and presented to the court. 6he proect of partition is aRFF" for distribution of the hereditary estimates and determines the persons entitledthereto 3oran! Comments on the Rules of Court! 1&&' ed.! 9ol. %! pp. ,--*,-&)

  <inality of approval of proect of partition by itself does 4F6 6R3(46 probateproceedin 4i&ol vs. *ano! 1 "CR 12'1).

  robate court loses urisdiction of an estate under administration only <6R

payment of all debts and remainin estate /(9R/ to heirs entitled toreceive the same Guilas vs. Judge of *($ of apanga! % "CR 111)

   udicial partition is not final and conclusive and does not prevent the heirs from brinin

an action to obtain his share! provided the prescriptive period has not closed Mari vs. /onilla!-% "CR 11%').

  *$e R*C of &a:ati5 acting as a special co""ercial court5 $as no 4urisdiction tosettle5 partition5 and distribute t$e estate of a deceased(

  probate court has the power to enforce an accountin as a necessary means to its

authority to determine the properties included in the inventory of the estate to be administered!divided up! and distributed. Beyond this! the determination of title or ownership over thesubect shares whether belonin to nastacia or Fscar) may be conclusively settled by theprobate court as a Duestion of collation or advancement. Re!es vs. R4* Ma-ati ! Branch 12!G.R. 4o. 1,5'! uust 11! 200-)

  Partial distribution of t$e estate s$ould not $ave been allowed( *$ere was nodeter"ination on sufficienc) of assets or absence of an) outstanding obligations of t$eestate of t$e late Ra)"ond *riviere "ade b) t$e R*C in t$is case(   (n fact! there is a

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pendin claim by C4 aainst the estate! and the amount thereof eEceeds the value of theentire estate. Cuas%a +nc%eta ena and Nolasco La? 3ffice vs. L*N *onstruction *orp. !G.R. 4o. 1'-'%! uust 2,! 200-)

  lthouh the riht of an heir over the property of the decedent is inchoate as lon as theestate has not been fully settled and partitioned! the law allows a co*owner to eEercise rihts of ownership over such inchoate riht.  Fnce an action for the settlement of an estate is filed with the court! the properties includedtherein are under the control of the intestate court. nd not even the administrator may ta#epossession of any property that is part of the estate without the prior authority of the Court.ilverio, Jr. vs. *ourt of +ppeals! G.R. 4o. 1'-&%%! "eptember 1,! 200&)

3. +emed$ of heir entitled to residue ut not %i(en his share 

6o demand his share throuh *

a. a proper motion in the same probate or administration proceedins! FRb. motion to reopen if it had already been closed! and not throuh an independent

action which would be tried by another court or ude which miht reverse adecision or order of the probate court already final and eEecuted and reshuffleproperties lon ao distributed and disposed of Guilas vs. Judge of *($ of apanga, infra).

 

<our cases illustrate the proper remedyD 'da de Lope) vs. Lope) G.R. 4o. *2%&15

"eptember 2-! 1&'0), 5ivinagracia vs. Rovira G.R. 4o. *2,15 uust 10! 1&',), Guillas vs.

Judge of *($ of apanga L"669;, Januar! #1, 19" ) and Heirs of Jesus (ran vs. alas. G.R. 4o. *5%5, ;une 25! 1&&2)

• ope  compared to #ivinagracia =

Both involved the issue of the relementary period within which 4F4*R6(" to thepartition! heir! devisee or any person interested in the estate! can reopen the case. 

Conclusion – if proceedin already closed! motion to reopen may be filed by a non*party deprived of his lawful participation! as lon as it is within %0 days now 15 days) or beforeorder closin the proceedins becomes final.

• Guilas compared to 8ran=

  Both involved R6(" who have not received their shares.

Conclusion – parties to partition areement who have not received their shares can filea motion for eEecution within 5 ?R". But if other rounds such as forery of will are raised!final udment cannot be attac#ed eEcept throuh a separate action. 6he validity of a final

 udment can be assailed throuh a petition for relief under Rule %-! annulment of udment

under Rule '! and petition for certiorari under Rule ,5! assumin the udment is void for want of urisdiction.

RE&ED3 O% PRE*ERI*ED +EIR

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6he intestate proceedins! althouh closed and terminated! can still be opened within theprescriptive period upon petition by the preterited heir olivio vs. *+! G.R. 4o. -%-<ebruary 12! 1&&0

rescriptive period – 10 years. ction upon an obliation created by law must be brouhtwithin 10 years from the time the riht of action accrues rt. 11! Civil Code).

!. 8nstances "hen proate court ma$ issue "rit of execution

   s a eneral rule! a probate court cannot issue a writ of eEecution.  Eceptions=  1. 6o satisfy the distributive shares of devisees! leatees and heirs in possession of the

decedentHs assets  2. 6o enforce payment of the eEpenses of partition  %! 6o satisfy the costs when a person is cited for eEamination in probate proceedins

SEEN S*AGES IN SE**LE&EN* O% ES*A*E

1. etition2. 7earin

%. Court Frder . Claims ainst state5. ayment of /ebts of state,. /istribution and artition of state'. Closin

  SE**LE&EN* O% ES*A*E  S*AGES 

PE*I*ION

*estate Intestate

%iling of petition %iling of petitionfor allowance for issuance of  of will 9 b) e-ecutor5 letters of  devisee5 legatee5 ad"inistration ,ot$er interested person person0Rule 5 Secs( = >2 0Rule F5 Sec( >2 

Order setting petition for $earing

  Notice of $earing

=( Publication of notice for t$ree consecutive wee:s

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0Rule 5 Sec( ?2

>( Notice b) "ail or personall)to designated or :nown $eirs5legatees5 devisees5 e-ecutor 0Rule 5 Sec( 12<

:nown $eirs5 creditors5ot$er interested persons0Rule F5 Sec( ?2

  II

  +EARING

Proof of notice of $earing0Rule 5 Sec( 20Rule F5 Sec( 2

  Evidence for petitioner 

=( Deat$ of decedent>( Residence at ti"e of deat$

*esti"on)ies of Decedent left no will or  subscribing t$ere is no co"petentwitnesses and willing e-ecutor  0Rule Secs( ==2 0Rule F5 Sec( 2

 Petitioner is Bualified for  appoint"ent0Rule H5 Secs( = 2

Proof w$entestator is petitioner 0Rule 5 Sec( =>2

  Evidence for Oppositor 

%ile grounds for contest0Rule 5 Sec( =2

  III

  CO!R* ORDER

Order or decision allowing

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will or ad"itting it to probate

Certificate of allowanceattac$ed to prove will0Rule 5 Sec( =?2

Order for issuanceof letters testa"entar)0Rule H5 Sec( 12

Order for issuance of letters of ad"inistration0Rule F5 Sec( 2

Issuance of letters b) cler: of court

Oat$ of e-ecutor or ad"inistrator 

%iling of e-ecutor or ad"inistrator;s bond0Rule H=5 Sec( =2

%iling of inventor) wit$in ? "os(0Rule H=5 Sec( =JaK2

Accounting wit$in = )ear 0Rule H=5 Sec( = JcK<Rule H5 Sec( H2

Actions b) or against e-ecutor or ad"inistrator 0Rule H2

  I

  CLAI&S AGAINS* ES*A*E

Notice of filing of clai"s 9

ti"e for filing not "ore t$an  => "os( nor less t$an "os(  fro" first publication

0Rule H5 Secs( = >2

Publication of noticefor ? consecutive wee:s

  and posting

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0Rule H5 Secs( ? 12

%iling of clai" and answer t$ereto0Rule H5 Secs( F =2

*rial of contested clai"0Rule H5 Sec( =>2

/udg"ent approving or   disapproving clai"

0Rule H5 Sec( =?2

 

  PA3&EN* O% DE8*S O% ES*A*E

  Debts paid in full if estate sufficient0Rule HH5 Sec( =2

  Order of pa)"ent if estate insolvent0Rule HH5 Sec( 2

  Order for pa)"ent of debts0Rule HH5 Sec( ==2

  *i"e for pa)"ent not to e-ceed= )ear5 e-tendible for = "ore )ear 0Rule HH5 Sec( =2

  Sales5 "ortgages and ot$er encu"brancesof propert) of decedent for pa)ingdebts( etc(0Rule HF2

 

I

  DIS*RI8!*ION AND PAR*I*ION O% ES*A*E

  Rule F

  Approval of final accounting  and pro4ect of partition

  Actual distribution or deliver) to  $eirs of t$eir respective s$ares

 

II

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  CLOSING

  Order declaring proceedings closed  and ter"inated

  ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

 8. &rustees 

Rule 0   9rustees

Sec. 1. '(en trustee appointed 

1. trustee necessary to carry into effect the provisions of aa. @illb. @ritten instrument

2. shall be appointed by the R6C in which the will is allowed! or %. R6C of the province in which the property or some portion thereof affected by

the trust is situated

• *rust defined

  trust is a confidence reposed in one person! called the trustee! for the benefit of another called the cestui Bue trust! with respect to property held by the former for the benefitof the latter (

• E-ercise of sound 4udg"ent b) t$e court in t$e appoint"ent of a trustee

  lthouh the will does not name a trustee! the probate court eEercises sound udment

in appointin a trustee to carry into effect the provisions of the will – where a trust is actuallycreated by the will by the provision that certain of the property shall be #ept toether undisposed durin a fiEed period and for a stated purpose Loren)o v. osadas! , hil. %5%).

• AcBuiring t$e trust b) prescription

  trustee may acDuire the trust estate by prescription provided there is a repudiation of the trust! such repudiation bein open! clear and uneDuivocal! #nown to the cestui 7ui trust alinas vs. 4ua)on! 55 hil. '2&).

  Rule &- applies only to e-press trust! one which is created by will or written instrument!and not to an implied trust! which is deducible from the nature of the transaction as a matter of intent! or which are superinduced on the transaction by operation of law as matters of eDuity!independent of the particular intention of the parties FHao vs Co Co Chit! 220 "CR ,5,).

1. Distin%uished from executor9administrator

    trustee! li#e an eEecutor or administrator! holds an office of trust! particularly when thetrustee acts as such under udicial authority. /istinction= 1) duties of eEecutors or administrators are fiEed andJor limited by law while those of the trustee of an eEpress trust areusually overned by the intention of the trustor or the parties! if established by contract+ 2)duties of trustees may cover a wider rane than those of eEecutors or administrators of theestate of deceased persons.  +raneta vs. ere) ! G.R. 4os. *1,1-5*-,! 3ay %1! 1&,2).

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2. onditions of the ond

6he trustee must file a bond in an amount fiEed by the court payable to the Government of the hilippines. <ailure to do so shall be cosidered as declinin or resinin the trust.Conditions of the bond=

  1. 3a#e and return to the court a true inventory of all real and personal estate that atthe time of the inventory shall have come to his possession or #nowlede

  2. 3anae and dispose of all such estate accordin to law and the will of the testator or provisions of the instrument or order under which he was appointed

  %. Render a true account of the property in his hands

  . t the eEpiration of the trust! settle his accounts in court and pay over and deliver all the estate remainin in his hands! or due from him on such settlement! to the personor persons entitled thereto

3. /rounds for remo(al and resi%nation of a trustee

  6he court may remove a trustee on the followin rounds=  1. 6he removal appears essential in the interest of the petitioners  2. 6he trustee is insane  %. 6he trustee is otherwise incapable of discharin the trust or is evidently unsuitable

to act as one  trustee! whether appointed by the court or under a written instrument! may resin his

trust if it appears to the court proper so allow such resination 

!. Extent of authorit$ of trustee

 a. 6he powers of a trustee appointed by a hilippine court cannot eEtend beyond the

confines of the territory of the Republic of the hilippines. 6his is based on the principle that hisauthority cannot eEtend beyond the urisdiction of the country under whose courts he wasappointed.  b. (n the eEecution of trusts! the trustee is bound to comply with the directions containedin the trust instrument definin the eEtent and limits of his authority! and the nature of his power and duties.

 :. Escheat

Rule 01  sc(eat 

• Esc$eat defined

scheat is a proceedin whereby the real and personal property of a deceased personin the hilippines! who died without leavin any will or leal heirs! become the property of thestate upon his death.

Nature of Esc$eat Proceedings

- rests on the principle of ultimate ownership by the state of all property within its urisdiction.

Parties in Esc$eat Proceedings

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 n escheat proceedin is initiated by the overnment throuh the "olicitor General. llinterested parties! especially the 

* actual occupants and* adacent lot owners

shall be personally notified of the proceedin and iven opportunity to present their validclaims+ otherwise! it will be reverted to the state.

1. When to 4le

  2. +e0uisites for 4lin% of petition

ReBuisites for filing petition for esc$eat1. person died intestate2. he left properties in the hilippines%. he left no heirs or persons entitled to the same.

• .$ere to file

  Reional 6rial Court of the place where the deceased was resident! or in which hehad estste! if he was a nonresident.

• Parties in a petition for esc$eat

  scheat proceedin must be initiated by the "olicitor General. ll interested parties!especially the actual occupant and the adacent lot owners shall be personally notifiedof the proceedins and iven the opportunity to present their vaid claims! otherwise theproperty will be reverted to the "tate 4an vs. *it! of 5avao! G.R. 4o. *%'!"eptember 2,! 1&--).

 

• Notice and Publication "ec. 2! Rule &1)

1. /ate of hearin not more than , months after entry of order.  2. ublication of order at least once a wee# for , consecutive wee#s in newspaper of 

eneral circulation in the province. 

Publication 4urisdictional

ublication of the notice of hearin is a urisdictional reDuisite! non*compliance withwhich affects the validity of the proceedins 5ivino v. Hilario! ,2 hil. &2,).

• Esc$eat of unclai"ed balances

 $nclaimed balances which include credits or deposits of money! bullion! security or other 

evidence of indebtedness of any #ind! and interest thereon with ban#s in favor of any personunheard from for a period of ten 10) years of more! toether with the interest and proceedsthereof shall be deposited with the (nsular Government of the hilippines as the hilippineeislature may direct ct 4o. %&%,! $nclaimed Balances ct! "ec. 1)   ction to recover unclaimed balances shall be commenced by the "olicitor General in anaction for escheat in the name of the eople of the hilippines in the Reional 6rial Court of the province where the ban# is located! in which shall be oined as parties the ban# and suchcreditors or depositors. ll or any member of such creditors or depositors or ban#s! may beincluded in one action. (d.! "ec. %+ Republic vs. Court of <irst (nstance of 3anila and res..RoEas Rural Ban#! (nc.! G.R. 4o. *%0%-1! uust %0! 1&--)

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 3. +emed$ of respondent a%ainst petition period for 4lin% a claim

  Re"ed) of respondent against esc$eat petition

3otion to dismiss for failure to state a cause of action. where petition for escheat does notstate facts which entitle petitioner to the remedy prayed for Go oco Grocer! vs. acific /iscuit  *o.! ,5 hil. %+ Rep. vs, N/! G.R. 4o. *1,01,! /ec. %0! 1&,1)+ or other rounds for dismissal under the rules Municipal *ouncil of an edro, Laguna vs. *olegio de an Jose !,5 hil. %1-).

  %iling of clai" to estate "ec. ! Rule &1)

1. /evisee! leatee! widow! widower or other person entitled to such estate who2. appears and files claim thereto within )ears from date of udment

4ote= 5*year period is prescribed to encourae would*be claimants to be punctilious inassertin their claims! otherwise they may lose them forever in a final udment.)

%. shall have possession and title thereto or if sold! municipality or city accountable to himfor proceeds! after deductin reasonable chares of care of estate.

. Claim not made within said time barred forever.

 K. Guardianship

Guardians$ip – a trust relation in which one person acts for another whom the law reards asincapable of manain his own affairs. 6he person who acts is called the uardian and theincompetent is called the ward.

 

• 8asis of Guardians$ip arens atriae)

 @here minors are involved! the "tate acts as parens patriae. (t is the duty of protectin

the rihts of persons or individuals who because of ae or incapability are in an unfavorableposition vis*S*vis other parties.

• Purpose of Guardians$ip

"afeuard the rihts and interests of minors and incompetent persons Courts should beviilant to see that the rihts of such persons are properly protected.

• Guardian – a 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 manain hisown affairs.

1. /eneral po"ers and duties of %uardians 

a. Care and custody of person of the ward and

  b. 3anaement of his estate! or   c. 3anaement of his estate only  d. 6he uardian of the estate of a non*resident shall have the manaement of his estatewithin the hilippines! and no other court than that in which such uardian was appointed shallhave urisdiction over the uardianship "ec. 1! Rule &,)

#INDS O% G!ARDIANS 

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1) Legal Guardian – such by provision of law without the need for udicial appointment! as inthe case of the parents over the persons of their minor children! or in his absence the mother!with respect to the property of the minor children not eEceedin 50!000 in value+ 2)Guardian ad lite"! who is a competent person appointed by the court for purposes of aparticular action or proceedin involvin a minor+ %) the /udicial guardian! or a personappointed by the court for the person andJor property of the ward to represent the latter in allcivil acts and litiation .

• Parents as guardians

 @hen the property of the child under parental authority is worth 2!000.00 or less! the

father or the mother! without the necessity of court appointment! shall be his leal uardian.@hen the property of the child is worth more than 2!000.00! the father or the mother shall beconsidered uardian of the childHs property! with the duties and obliations of uardians under these Rules! and shall file the petition reDuired by "ection 2 hereof. <or ood reasons! thecourt may! however! appoint another suitable person."ec. '! Rule &%)

• 8ond of parents as guardians of propert) of "inor . *

(f the mar#et value of the property or the annual income of the child eEceeds 50!000.00!the parent concerned shall furnish a bond in such amount as the court may determine! but inno case less than 10T of the value of such property or annual income! to uarantee theperformance of the obliations prescribed for eneral uardians. 0 "ec. 1,! RG3)

 2. onditions of the ond of the %uardian

  a) @ithin % months after the issuance of letters of uardianship ma#e inventory of all theproperty+ b) faithfully eEecute the duties of the trust+ c) render a true and ust account of allthe property of the ward+ and d) perform all orders of the court "ec. 1! Rule &)

3. +ule on %uardianship o(er minors

•Governing rule on guardians$ip of "inors

Guardianship of minors as distinuished from KincompetentsL other than minority is nowoverned by the R$ F4 G$R/(4"7( F< 3(4FR" .3. 4o. 00%*0%*05*"C)! effective

3ay 1! 200%. 6his was promulated by the "upreme Court pursuant to the <amily Courts ctof 1&&' R -%,&). which vested in the <amily Courts eEclusive urisdiction on uardianship of minors.

"ections 1 and 2' of the RG3 ma#e it clear that it shall apply only to petitions for uardianship over the person! property or both! of a minor. etitions for uardianship of incompetents who are not minors shall continue to be overned by Rules &2*&' and heard andtried by reular Reional 6rial Courts. 

Rules &2*&' may therefore be deemed modified by the RG3.

 side from the RG3! the "upreme Court also issued the followin rules pursuant to the <amilyCourts ct=

1. Rule on Eamination of a Child @itness .3. 4o. 00**0'*"C)! effective /ecember 15!  20002. Rule on ;uveniles in Conflict with the aw .3.4o. 02*1*1-*"C)! effective pril 15!

2002%. Rule on Commitment of Children .3. 4o. 02*1*1&*"C)! effective pril 15! 2002. Rule on /omestic and (nter*Country doption .3.4o. 02*,*02*"C)! effective uust

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  22! 20025. Rule on /eclaration of bsolute 4ullity of 9oid 3arriaes and nnulment of 9oidable  .3. 4o. 02*11*10*"C)! effective 3arch 15! 200%,. Rule on eal "eparation .3. 4o. 02*11*11*"C)! effective 3arch 15! 200%'. Rule on rovisional Frders .3. 4o. 02*11*12*"C)! effetive 3arch 15! 200%-. Rule on Custody of 3inors and @rit of 7abeas Corpus in Relation to 3inors .3.

4o. 0%*0*0*"C)! effective 3ay 15! 200%&. Rule on 9iolence ainst @omen and 6heir Childen .3. 4o. 0*10*11*"C)!

effective 4ovember 15! 200 followin the enactment of R &2,2! n ct /efinin9iolence aainst @omen and their Children! rovidin for rotective 3easures for9ictims! rescribin enalties 6herefor! and for Fther urposes! or nti*9@C( aw!effective 3arch 2'! 200)

  Minors – those below 1- years old.  $ncopetents – include

a. persons sufferin under the penalty of civil interdiction  b. hospitali8ed lepers  c. prodials  d. deaf and dumb who are unable to read and write  e. those of unsound mind! even thouh they have lucid intervals  f. persons not bein of unsound mind! but by reason of ae! disease! wea# mind!

and other similar causes! cannot! without outside aid! ta#e care of themselves andmanae their property

• .$o "a) petition for appoint"ent of guardian of inco"petent "ec. 1! Rule

&%)

  Relative! friend! or other person on behalf of incompetent who has no parent or lawfuluardian! for the appointment of a eneral uardian for the person or estate or both of suchincompetent.

• .$o "a) petition for appoint"ent of guardian of "inor "ec. 2! RG3)

 1. Relative or other person on behalf of the minor 2. 3inor himself if 1 years of ae or over 

  for the appointment of a eneral uardian over the person or property! or both! of suchminor.

 6he petition may also be filed by the "ecretary of "ocial @elfare and /evelopment and

"ecretary of 7ealth in the case of an insane minor person who needs to be hospitali8ed.

• /urisdictional facts "ec. 2! Rule &%)

1. incompetency of person for whom uardianship is souht+2. domicile

• Notice of application and $earing "ec. %2 9 NO P!8LICA*ION RE6!IRED

4otice of hearin of the petition shall be served on1. persons mentioned in the petition residin in the hilippines+2. incompetent himself

O minor if 1 years of ae or over "ec. -! RG3)

NO*ICE IS /!RISDIC*IONAL

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  "ervice of notice upon the minor if 1 years of ae or over or upon the incompetent is urisdictional. @ithout such notice! the court acDuired no urisdiction to appoint a uardianNer! vs. Loren)o! "CR %1 A1&'2).

  6he rules do not necessitate that creditors of the minor or incompetent be li#ewiseidentified and notified. 6he reason is simple= because their presence is not essential to theproceedins for appointment of a uardian. 6hey will only insist that the supposed minor or incompetent is actually capacitated to enter into contracts! so as to preserve the validity of saidcontracts and #eep the supposed minor or incompetent obliated to comply therewith. +laa!ri vs. a&ale! G.R. 4o. 1512%! pril %0! 200-)

Grounds of petition "ec. ! RG3) 1. death! continued absence! or incapacity of his parents 2. suspension! deprivation or termination of parental authority %. remarriae of his survivin parent! if the latter is found unsuitable to eEercise parental  authority. when the best interests of the minor so reDuire

.$o "a) be appointed guardian of t$e ward5 or order of preference "ec. ,. RG3)1. survivin randparent and in case several randparents survive! the court shall select any of   them ta#in into account all relevant considerations2. oldest brother or sister of the minor over 21 years of ae! unless unfit or disDualitied%. actual custodian of the minor over 21 years of ae! unless unfit or disDualified. any other person! who in the sound discretion of the court! would serve the best interests of

the minor 

. Adoption

• Nature and concept of adoption

 doption is a uridical act! a proceedin in rem which creates between two persons arelationship similar to that which results from leitimate paternity and filiation.

• Purpose of Adoption

 

 doption used to be for the benefit of the adoptor. (t was intended to afford personswho have no child of their own the consolation of havin one by creatin thru leal fiction therelation of paternity and filiation where none eEists by blood relationship. 

resent tendency – more toward the promotion of the welfare of the child! andenhancement of his opportunities for a useful and happy life.

$nder the law now in force! havin leitimate! leitimated! ac#nowleded naturalchildren or children by leal fiction is no loner a round for disDualification to adopt.

• Ob4ectives of Rule on Adoption

a. Best interests of child – paramount consideration in all matters relatin to his care!custody and adoption.

  b. 6he state shall provide alternative protection and assistance thru foster care or adoption for every child who is a foundlin! nelected! orphaned! or abandoned.

• Laws on adoption

6he prevailin laws on adoption are RA H>  /omestic doption ct of 1&&-) and RA

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H1? (nter*Country doption ct of 1&&5). Relevant also is the <amily Code EO >F! effective uust %! 1&--! which repealed the substantive provisions of / ,0% and F &1 on adoption).

  Rule on Adoption  .3. 4o. 02*,*02*"C)! or RF! effective uust 22! 2002 –Guidelines issued by the "upreme Court in petitions for adoption. 6he Rule repealed Rules&&*100. (t covers do"estic adoption "ecs. 1*25) and inter,countr) adoption "ecs. 2,*%2).

 

1. Distin%uish domestic adoption from inter'countr$ adoption

#IND Do"estic Adoption Inter,countr) Adoption

6ype of roceedin ;udicial doption Etraudicial doption

@ho may adopt 6he followin may adopt=a) ny <ilipino citi8en+b) ny alien possessin the

same Dualifications as abovestated for <ilipino nationals+

c)6he uardian with respect to

the ward.

 n alien or a <ilipino citi8enpermanently residin abroadmay file an application forinter*country adoption of a<ilipino child.

@ho may be adopted 6he followin may be adopted=a) ny person below eihteen

1-) years of ae who hasbeen administratively or

 udicially declared availablefor adoption+

b) 6he leitimate sonJdauhterof one spouse by the otherspouse+

c) n illeitimate sonJdauhter

by a Dualified adopter toimprove hisJher status to thatof leitimacy+

d) person of leal ae if! priorto the adoption! said personhas been consistentlyconsidered and treated bythe adopters) as hisJher ownchild since minority+

e) child whose adoption hasbeen previously rescinded+ or 

f) child whose bioloical or

adoptive parents) has died+rovided! 6hat noproceedins shall be initiatedwithin siE ,) months from thetime of death of saidparents) "ection -)

Fnly a leally free child maybe the subect of inter*countryadoption

@here to file application <amily Court of the place where R6C havin urisdiction over

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the adopter resides the child! or with the (nter*Country doption Board!throuh an intermediateaency! whetherovernmental or anauthori8ed and accreditedaency! in the country of theprospective adoptive parents."ection 10)

@hat petition for adoptionmay include

3ay include prayer for chane of name! rectification of simulated

birth or declaration that the childis a foundlin! abandoned!dependent or nelected child.

Fnly petition for adoption.

"upervised trial custody "upervised trial custody periodin the hilippines for at least siE,) months Court may reduceperiod or eEempt parties fromtrial custody) "ection 12)

"upervised trial custodyperiod in the hilippines for atleast siE ,) months. "ection1)

  2. Domestic Adoption

• .$o "a) adopt "ec. '! R -552+ "ec. ! RF)

  1. ny <(((4F* of leal ae* in possession of full civil capacity and leal rihts* of ood moral character * has not been convicted of any crime involvin moral turpitude* emotionally and psycholoically capable of carin for children* at least 1, yrs. older than the adopteeO may be waived when adopter is bioloical parent of adoptee or is spouse of adopteeHs parent* in a position to support and care for his children in #eepin with means of the

family.

2.  ny (4 possessin same Dualifications! subect to certain conditions.

• +!S8AND AND .I%E &!S* /OIN*L3 ADOP*"ec. '! R -552+ "ec. ! RF)

:C6(F4"=a) if one spouse see#s to adopt leitimate child of the other+b) if one spouse see#s to adopt his own illeitimate child provided the other spouses

sinified his consent thereto)

c) if the spouses are leally separated from each other.

(n case husband and wife ointly adopt or one spouse adopts the illeitimate child of the other! oint parental authority shall be eEercised by the spouses.

• enue "ec. ,! RF)

<amily court of province or city where prospective adoptive parents reside

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• .$ose consent necessar) "ec. &! R -552)

1. bioloical parents of adoptee! if #nown

  O7owever! consent of bioloical parents! even if they are #nown! is not necessary if they have B4/F4/ the child Lang vs. *+! 2&- "CR 12- A1&&-).

2. adoptee! if 10 years of ae or older 

3. leitimate or adopted children of adopter or adoptee! if 10 years of ae or older 

4. illeitimate children of adopter! if livin with him! if 10 years of ae or older 

5. spouse of adopter or adoptee

•  C$ange of na"e "ec. 10! RF)

(n case petition also prays for chane of name! title or caption must contain= 

1. reistered name of child  2. aliases of other names by which child has been #nown  %. full name by which child is to be #nown

 

• P!8LICA*ION /!RISDIC*IONAL 

 doption is action in rem – involves the status of persons.

• Decree of Adoption

  (f supervised trial custody "6("<C6FR? and  * court CF49(4C/ from trial custody report and evidence adduced that

- adoption shall redound to B"6 (46R"6" of adoptee

- /CR F< /F6(F4 issued which shall ta#e effect as of date oriinal petition filedeven if petitioners DIE before issuance

a. eects of adoption  9 parental authority! leitimacy! succession "ee "ecs. 1,*1-! R -552)

  1) <or civil purposes the adopted shall be deemed to be a leitimate child of theadoptioners and both shall acDuire the reciprocal rihts and obliations arisin from therelationship of parents and child! includin the riht of the adopted to use the surname of theadopters+ 2) 6he parental authority of the parents by nature over the adoped shall terminateand be vested in the adopters! eEcept that if the adopter is the spouse of the parents bynature of the adopted! the parental authority over the adopted shall be eEercised ointely byboth spouses+ and %) 6he adopted shall remain an intestate heir of his parents and other blood relatives. rt. 1-&! <amily Code)

• Adoption strictl) between adopter and adopted 

(f adoptin parent should die before adopted child! latter cannot represent the adopter in the inheritance from the parents and ascendants of the adopter. dopted child is not relatedto the deceased in that case because filiation created by fiction of law is eEclusive betweenadopted and adopter. By adoption! the adopters can ma#e for themselves an heir but theycannot ma#e one for their relatives.Repu&lic vs. 'alencia! G.R. 4o. *%21-1! 3arch 5! 1&-,)

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• An illegiti"ate c$ild5 upon adoption b) $er natural fat$er5 "a) use t$e surna"e

of $er natural "ot$er as $er "iddle na"e. $n t%e Matter of t%e +doption of tep%anieNat%! +storga Garcia! G.R. 4o. 1-%11! 3arch %1! 2005.)

. instances "hen adoption ma$ e rescinded

• RESCISSION O% ADOP*ION 83 ADOP*EE

  etition 9R(<(/ 

<iled by adoptee

- over 1- years of ae- with assistance of /"@/! if minor 

- by uardian or counsel! if over 1- but incapacitated  Grounds committed by /F6R=

  1. repeated physical and verbal maltreatment by adopter despite havin underonecounselin

  2. attempt on life of adoptee  %. seEual assault or violence  . abandonment or failure to comply with parental obliations

 doption! bein for best interests of child! not subect to rescission by /F6R

• enue * <amily Court of province where adoptee resides "ec. 20! RF)

• *i"e wit$in w$ic$ to file petition

 (f 3(4FR – within 5 yrs. after reachin ae of maority

  (f (4CF3646 – within 5 yrs. after recovery from incompetency.

, c. Eects of rescission of adoption  "ec. 2%! RF)

 a) parental authority of the bioloical parent of the adoptee! if #nown! or the leal custody of 

/"@/ is restored if the adoptee is still a minor or incapacitated+

b) reciprocal rihts and obliations of the adopter and adoptee to each other areeEtinuished+c) succession rihts revert to their status prior to adoption! as of the date of udment of 

rescission! but vested rihts acDuired prior to rescission are to be respectedd) court shall order adoptee to use the name stated (n the oriinal birth or foundlin

certificatee) court shall order the Civil Reistrar where the adoption decree was reistered tocancel the new birth certificate of the adoptee and reinstate the oriinal birth or foundlincertificate

3. 8nter'countr$ Adoption  a. "hen allo"ed

 (nter*country adoption of <ilipino children by forein nationals and <ilipino citi8ens

permanently residin abroad is allowed by law if such children cannot be adopted byDualified <ilipino citi8ens or aliens.

 . functions of the +& ;6amil$ ourt<

 

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    verified petition for inter*country adoption may be filed by a forein national or <ilipinociti8en permanently residin abroad with the <amily Court havin urisdiction over the placewhere the child resides or may be found. (ts functions are 1) receive the application! b)assess the Dualification of the prospective adopter and %) refer its findins! if favorable! tothe (nter*Country doption Board. 6he latter! on its own! however! can receive the oriinalapplication R -0%! "ec. 10+ Rule on doption! "ecs. 2- > %2))

 6he Inter,Countr) Adoption 8oard is the central authority in matters relatin to

inter*country adoption. (t is the policy*ma#in body for purposes of carryin out theprovisions of the law! in consultation and coordination with the /"@/! the different child*care and placement aencies! adoptive aencies as well as non*overnmental

orani8ations enaed in child care and placement activities R -0%! "ec. ).

  c. =est interest of the minor> standard

  (nter*country adoption is allowed only when the same shall prove beneficial to the childHsbest interests! and shall serve and protect hisJher fundamental rihts R -0%! "ec. 2)

 Fnly a child leally available for domestic adoption may be the subect of inter*

country adoption Rule on doption! "ec. 2&).

  %inancial Bualification in adoption

  "ince the primary consideration in adoption is the best interest of the child! it followsthat the financial capacity of prospective parents should also be carefully evaluated andconsidered. Certainly! the adopter should be in a position to support the would*be adoptedchild or children! in #eepin with the means of the family..Landingin vs. Repu&lic ! G.R. 4o.1,&-! ;une 2'! 200,)

  ?. Writ of Habeas Corpus

  Rule 12   /abeas &orpus

 • *o w$at $abeas corpus e-tends "ec. 1)

  1. ll cases of illeal confinement of detention  2. by which any person is deprived of his liberty! or   %. by which the rihtful custody of any person is withheld from the person entitledthereto

• Purpose of $abeas corpus – relieve a person from unlawful restraint.

"pecifically= 1. to obtain immediate relief from illeal confinement 2. to liberate those who may be imprisoned without sufficient cause %. to deliver them from unlawful custody

 ssentially a writ of inDuiry and is ranted to test the riht under which a person is

detained 'elasco v. *+! 25 "CR ,''). (t is a remedy intended to determine whether the person under detention is held under lawfulauthority o&ong vs. *+, G.R. 4o. 111-',! ;anuary %1! 1&&,)

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  Ha&eas corpus  is a summary remedy. (t is analoous to a proceedin in re wheninstituted for the sole purpose of havin the person of restraint presented before the ude inorder that the cause of his detention may be inDuired into and his statements final.6he writof %a&eas corpus does not act upon the prisoner who see#s relief! but upon the person whoholds him in what is alleed to be the unlawful authority.7ence! the only parties before thecourt are the petitioner prisoner) and the person holdin the petitioner in custody! and the onlyDuestion to be resolved is whether the custodian has authority to deprive the petitioner of hisliberty *a&alles vs. *+! G.R. 4o. 1,%10-! <ebruary 2%! 2005) 

6his writ may issue even if another remedy which is less effective may be availed of –failure by accused to perfect his appeal before the C does not preclude recourse to the writ.

  6he writ may be ranted upon a udment already final *%ave) v. *+, 2 "CR ,,% A1&,-).

 1. ontents of the petition  a. 6hat the person in whose behalf the application is made is imprisoned or restrainedof his liberty+  b. 6he officer or name of the person by whom he is so imprisoned or restrained+  c. 6he place where he is so imprisoned or restrained! if #nown+  d. Copy of the commitment or caue of detention of such person. (f it can be procuredwithout any leal authority! such fact shall appear. "ec. %)

 2. ontents of the +eturn  a. @hether he has or has not the party in his custody or power! or under restraint+  b. (f the party is in his custody or power! or under restraint ** the authority and the trueand whole cause thereof! with a copy of the writ! order! eEecution! or other processes uponwhich the party is held  c. (f the party! etc. ! and is not produced – nature and ravity of sic#ness or infirmity  d. (f the party was in his custody! etc. and has transferred such custody or restraint toanother – to whom! at what time! for what cause and by what authority such transfer wasmade. "ec. 10)

 3. Distin%uish peremptor$ "rit from preliminar$ citation

 Pere"ptor) writ of $abeas corpus – unconditionally commandin the respondent to

have the body of the detained person before the court at a time and place therein specified.

Preli"inar) citation – reDuirin the respondent to appear and show cause why theperemptory writ should not be ranted.

 

• Order to produce bod) not a grant of t$e re"ed) of $abeas corpus

(n a habeas corpus petition! the order to present an individual before the court is apreliminary step in the hearin of the petition. 6he respondent must produce the person andeEplain the cause of his detention. 7owever! this order is not a rulin on the propriety of the

remedy or on the substantive matters covered by the remedy. 6hus! the CourtHs order to theCourt of ppeals to conduct a factual hearin was not an affirmation of the propriety of theremedy of habeas corpus. $n t%e Matter of t%e etition for Ha&eas *orpus of +le=ano vs.*a&ua!, G.R. 4o. 1,0'&2! uust 25! 2005 

!. When not proper9applicale

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 6o all cases of illealconfinement ordetention=

1. By which any personis deprived of his liberty+or 

2. By which the rihtfulcustody of any person is

withheld from theperson entitled thereto.

6o any person whoseriht to life! liberty andsecurity is violated orthreatened with violationby an unlawful act oromission of a publicofficial or employee! orof a private individual orentity.

6o any person whoseriht to privacy in life!liberty and security isviolated orthreatened withviolation by anunlawful act oromission of a publicofficial or employee!or of a private

individual or entityenaed in=

1. Gatherin2. Collectin%. "torin

Ff data orinformation reardinthe person family!home andcorrespondence ofthe arieved party.

6(6(F4R "ec. %

By the party for whoserelief it is intended! orby some other person inhis behalf 

"ec. 2

By the arieved party!or by any Dualifiedperson or entity in theorder provided in "ec. 2

"ec. 2

General rule=

6he arieved party

Ecept=

(n cases of eEtraleal#illins and enforceddisappearances=

1. (mmediate family+2. (n default of no. 1!ascendant!descendant orcollateral relativewithin the th civilderee ofconsanuinity oraffinity.

94$ (f filed with R6C! wheredetainee is detained

.

"ec. %

"C! C and "B

R6C of the place wherethe threat! act oromission wascommitted or any of itselements occurred.

"ec. %

"C! C and "B

R6C=

1. @here petitionerresides+ or 2. @hererespondent resides+

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or %. @hich has

 urisdiction over theplace where data orinformation isathered! etc.

 ll at the option ofpetitioner.

:646 F<4<FRCB((6?

"C! C and "B=anywhere in the

hilippines

R6C= only within its udicial district

 nywhere in thehilippines

 nywhere in thehilippines

@74 6F <(J:36(F4 <RF3/FCN6 <"

"ec. 2

Fn any day and at anytime

"ec. %

Fn any day and at anytime. etitioner eEemptfrom doc#et fees

(ndient petitionereEempt from doc#etfees

"66(4G F<

7R(4G

"ec. 12

7earin on return

"ec. ,

4ot later than ' daysfrom date of issuance of writ

"ec. '

4ot later than 10days from date ofissuance of writ

7F@ "R9/ "ec. '

"ervice of the writ shallbe made by leavin theoriinal with the personto whom it is directedand preservin a copyon which to ma#e return

of service. (f that personcannot be found! or hasnot the prisoner incustody then the serviceshall be made on anyperson havin oreEercisin such custody

"ec. -

(f the writ cannot beserved personally onrespondent! the rules onsubstituted service shallapply

"ec. &

(f the writ cannot beserved personally onrespondent! the ruleson substitutedservice shall apply

<((4G F< R6$R4 "ec. 10

"ined and shall alsobe sworn to if the

prisoner is not produced

"ec. &

9erified written returnwithin 5 wor# days from

service of writ

* cannot be eEtendedeEcept on hihlymeritorious rounds

"ec. &

9erified written returnwithin 5 days from

service of writ

*may be reasonablyeEtended by thecourt for ustifiablerounds

<<C6 F< <($R6F <( R6$R4

"ec. 12 "ec. 1

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(n case respondent failsto file a return! the court!

 ustice or ude shallproceed to hear thepetition eE parte

(n case respondentfails to return! thecourt! ustice or

 ude shall proceedto hear the petitioneE parte! rantinpetitioner such reliefas the petition maywarrant unless thecourt in its discretionreDuires petitioner to

submit evidence.RF7(B(6//(4G" 4/3F6(F4"

"ec. 11

a) 3otion to dismiss+b) 3otion for eEtensionof time to file return!opposition! affidavit!position paper and other pleadins+c) /ilatory motion for postponement+d) 3otion for a bill of 

particulars+e) Counterclaim or cross*claim+f)6hird*party complaint+)Reply+h) 3otion to declarerespondent in default+i)(ntervention+)3emorandum+#)3otion for  reconsideration of interlocutory orders or 

interim relief orders+ andl) etition for certiorari!mandamus or  prohibition aainst anyinterlocutory order.

"ec. 1%

a) 3otion todismiss+b) 3otion foreEtension of time tofile return!opposition! affidavit!position paper andother pleadins+c) /ilatory motion

for postponement+d) 3otion for a bill of particulars+e) Counterclaim orcross*claim+f) 6hird*partycomplaint+) Reply+h) 3otion to declarerespondent indefault+i) (ntervention+

) 3emorandum+#) 3otion forreconsideration ofinterlocutory ordersor interim relieforders+ andl) etition forcertiorari! mandamusor prohibition aainstany interlocutoryorder.

"$33R? 7R(4G "ec. 1%

6he hearin on thepetition shall besummary. 7owever! thecourt! ustice or udemay call for apreliminary conferenceto simplify the issues

"ec. 15

"ame as @F

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and determine thepossibility of obtaininstipulations andadmissions from theparties.

6he hearin shall befrom day to day untilcompleted and iventhe same priority aspetitions for %a&eas

corpus.(46R(3 R(<" "C. 12

1. $nless for oodcause shown! thehearin is adourned! inwhich event the courtshall ma#e an order forthe safe#eepin of theperson imprisoned orrestrained as the natureof the case reDuires+

2. 6he court or udemust be satisfied thatthe persons illness is sorave that he cannot beproduced without anydaner.

"ec. 1

a) 6emporaryrotection Frder.

b) (nspection Frder.

c) roduction Frder.

d) @itness rotectionFrder.

;$/G346 "ec. 15

@hen the court or udehas eEamined into thecause of caption andrestraint of the prisoner!and is satisfied that heis unlawfully imprisonedor restrained! he shallforthwith order hisdischare fromconfinement! but suchdischare shall not beeffective until a copy ofthe order has beenserved on the officer orperson detainin the

prisoner. (f the officer or person detainin theprisoner does not desireto appeal! the prisonershall be forthwithreleased.

"ec. 1-

6he court shall render udment within ten 10)days from the time thepetition is submitted fordecision. (f thealleations in thepetition are proven bysubstantial evidence!the court shall rant theprivilee of the writ andsuch reliefs as may beproper and appropriate+otherwise! the privileeshall be denied.

"ec. 1,

"ame with @F withan addition that uponfinality! the udmentshall be enforced bythe sheriff or anylawful officers asmay be desinatedby the court! usticeor ude within 5wor#in days.

  "ec. 15 in relation to"ec. % Rule 1 and "ec.

"ec. 1& "ec. 1&

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%& of B 12&=

- hours from notice of udment appealed fromby ordinary appeal

Rule 5 by petition forreview on certiorari withpeculiar features=

1. ppeal may raiseDuestions of fact or lawor both+

2. eriod of appeal shallbe 5 wor#in days fromthe date of notice of the

adverse udment+

%. "ame priority as%a&eas corpus cases

"ame as @F

(4"6(6$6(F4 F<"R6 C6(F4"

"ec. 21

6his Rule shall notpreclude the filin ofseparate criminal! civilor administrativeactions.

"ec. 20

"ame as @F

<<C6 F< <((4GCR(3(4 C6(F4

"ec. 2

@hen a criminal actionhas been commenced!no separate petition forthe writ shall be filed.6he reliefs under thewrit shall be available bymotion in the criminalcase.

"ec. 21

"ame as @F

CF4"F(/6(F4 "ec. 2%

@hen a criminal actionis filed subseDuent tothe filin of a petition for the writ! the latter shallbe consolidated with thecriminal action.

@hen a criminal actionand a separate civilaction are filedsubseDuent to a petitionfor a writ of amparo! the

latter shall beconsolidated with thecriminal action.

"ec. 22

"ame as @F

• Grant of writ

 

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@hen court is satisfied that prisoner does not desire to appeal! the prisoner shall beforthwith released "ec. 15! Rule 102) 

• eriod to appeal – within - hours from notice of udment or final order 

appealed from .3.4. 01*1*0%*"C! ;uly 1&! 2001).

• +abeas corpus as a post,conviction re"ed)

6he writ of habeas corpus applies to all cases of illeal confinement or detention inwhich individuals are deprived of liberty. 6he writ may not be availed of when the person incustody is under a udicial process or by virtue of a valid udment.

7owever! as a post*conviction remedy! it may be allowed when! as a conseDuence of a udicial proceedin! any of the followin eEceptional circumstances is attendant= 1) there hasbeen a deprivation of a constitutional riht resultin in the restraint of a person+ 2) the courthad no urisdiction to impose the sentence+ or %) the imposed penalty has been eEcessive!thus voidin the sentence as to such eEcess. 0Go vs. 5iagi&a, G.R. 4o. 151-',! ;une 21!2005 +ndal v. eople! %0' "CR ,05 A1&&&)

  (n vangelista vs. isto)a G.R. 4o. 1%--1! uust &! 2001)! the accused filed a petitionfor habeas corpus to secure his release from prison! due to the amendment of / 1-,, by R-2&! reducin the penalty for illeal possession of low powered firearms ** from reclusionteporal  in its maEimum period to reclusion perpetua! to prision correcccional  in its maEimumperiod.*$e court granted t$e petition5 as $e $as alread) served F )ears in prison5 "ore

t$an t$e "a-i"u" ter" of $is i"prison"ent for robber). 7e need not serve anymore hissentence of 1- years of reclusion temporal as minumum to reclusion perpetua as maEimum for illeal possession of firearm! in view of said amendment and the rulin in eople vs.Lad=aala. 0 G.R. 4os. 1%,1&*51! "eptember 1&! 2000).

•   .$en constitutional rig$ts disregarded 9 writ "a) issue Eceptional remedy

to release a person whose liberty is illeally restrained such as when the constitutionalrihts of the accused are disrearded.  "uch defect results in the absence or loss of 

 urisdiction and therefore invalidates the trial and conseDuent conviction of the accused.6hat void udment may be challened by collateral attac:  which precisely is thefunction of habeas corpus.

• No rig$t to bail w$ere applicant is serving sentence b) reason of final 4udg"ent

 Respondent ude contends that under "ection 1! Rule 102 of the Rules of Court! he

has the discretion to allow 6e to be released on bail. 7owever! the Court reiterates itspronouncement in its Resolution of <ebruary 1&! 2001 in G.R. 4os. 15'15*1- that "ection 1!Rule 102 of the Rules of Court applies only to cases where the applicant for the writ of habeascorpus is restrained by virtue of a criminal chare aainst him and not in an instance! as in thecase involved in the present controversy! where the applicant is servin sentence by reason of a final udment.  'icente vs. Ma=aducon, .3. 4o. R6;*02*1,&- <ormerly FC (( 4o. 00*102*R6;)! ;une 2%! 2005)

• &arital rig$ts including co,venture and living in con4ugal dwelling "a) not be

enforced b) t$e e-traordinar) writ of $abeas corpus( $lusorio vs. /ildner, et.al.!G.R. 4o. 1%&-0-! 3ay 12! 2000)

 

• +abeas corpus in custod) cases

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7abeas corpus may be resorted to in cases where rihtful custody is withheld from aperson entitled thereto. $nder rticle 211 of the <amily Code! respondent oran and petitioner 3arie ntonette have oint parental authority over their son and conseDuently oint custody.<urther! althouh the couple is separated de facto! the issue of custody has yet to beadudicated by the court. (n the absence of a udicial rant of custody to one parent! bothparents are still entitled to the custody of their child. (n the present case! private respondentHscause of action is the deprivation of his riht to see his child as alleed in his petition. 7ence!the remedy of habeas corpus is available to him. 

(n a petition for habeas corpus! the childHs welfare is the supreme consideration. 6heChild and ?outh @elfare Code uneDuivocally provides that in all Duestions reardin the careand custody! amon others! of the child! his welfare shall be the paramount consideration.alientes vs. +&anilla, G.R. 4o. 1,2'%! uust 2&! 200,)

• Retroactive effect of favorable law * eople vs. *aco! 2,& "CR 2'1 1&&')

 1. Caco sentenced to life imprisonment for violation of /anerous /rus ct R ,25)

  2. <iled motion for modification of sentence pursuant to R ',5& and eople v. "imonthat where mariuana less than 200 rams penalty is prision correccional  %. etition ranted – provisions of R ',5& favorable to accused should be ivenretroactive effect.

  . @here decision already final! appropriate remedy of accused to secure release fromprison is petition for habeas corpus

• Effect of filing of c$arges in court

/ernarte vs. *+! 2,% "CR %2% 1&&,) 

1. Fnce person detained is duly chared in court! he may no loner Duestion his detention by petition for habeas corpus  2. Remedy= motion to Duash the information andJor warrant of arrest  %. <ilin of bond for temporary release is waiver of illeality of detention .3ffice of t%e olicitor General vs. Judge de *astro,  .3. 4o. R6;*0,*201- <ormerly dm.3atter FC*(( 4o. 05*2%,0*R6;)! uust %! 200' 

Fnce a person detained is duly chared in court! he may no loner Duestion his detentionthrouh a petition for issuance of a writ of habeas corpus. 7is remedy would be to Duash theinformation andJor the warrant of arrest duly issued. 6he writ of habeas corpus should not beallowed after the party souht to be released had been chared before any court. 6he termKcourtL includes Duasi*udicial bodies or overnmental aencies authori8ed to order thepersonHs confinement! li#e the /eportation Board of the Bureau of (mmiration.

6he provisional or temporary release of Gao ?uan also effectively ranted the petition for habeas corpus insofar as the dischare of the detainee is concerned! since the main prayer ina petition for habeas corpus relates to the release or dischare of the detainee. 6he eneralrule is that the release! whether permanent or temporary! of a detained person renders thepetition for habeas corpus moot and academic

LarraIaga vs. *+! 2-' "CR 5-1 1&&-) – Nidnappin > serious illeal detention

1. <ilin of chares and issuance of warrant of arrest cures defect of   invalid detention

  2. bsence of preliminary investiation – will not nullify information and warrant of arrest

'elasco vs. *+! 25 "CR ,,' 1&&5)

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  ven if arrest illeal! supervenin events may bar his release or dischare fromcustody! such as filin of complaint and issuance of order denyin petition to bail.

.Go, r. vs. Raos! G.R. 4o. 1,'5,&! "eptember ! 200&

  6he writ of habeas corpus should not be allowed after the party souht to be released hadbeen chared before any court. 6he term KcourtL in this conteEt includes Duasi*udicial bodiesof overnmental aencies authori8ed to order the personHs confinement! li#e the /eportationBoard of the Bureau of (mmiration. i#ewise! the cancellation of his bail cannot be assailedvia a petition for habeas corpus. @hen an alien is detained by the Bureau of (mmiration for deportation pursuant to an order of deportation by the /eportation Board! the Reional 6rialCourts have no power to release such alien on bail even in habeas corpus proceedinsbecause there is no law authori8in it

• Absence of preli"inar) investigation not ground for $abeas corpus

 aredes vs. /! 1&% "CR ,= absence of preliminary investiation not a round for habeascorpus. Remedy= motion to Duash warrant of arrest andJor information! or as# for investiationJreinvestiation 

4ote= Rule 11! "ec. 2, of 2000 Revised Rules of Criminal rocedure= Bail not a bar to obections on illeal arrest! lac# of or irreular preliminary investiation! provided he raisesthem B<FR enterin his plea

• +abeas corpus and certiorari

Galve) vs. *+! 2%' "CR ,-5

1. 7abeas corpus and certiorari may be ancillary where necessary to ive effect tosupervisory power of hiher courts  2. 7abeas corpus – reaches body and urisdictional matters but not the records  %. Certiorari – reaches record but not the body  . 4ot appropriate for assertin riht to bail – file petition to be admitted to bail

•  Additional /urisprudence

"ection 1! Rule 102 of the Rules of Court provides that a petition for the issuance of a writof habeas corpus may be availed of in cases of illegal confine"ent by which any person isdeprived of his liberty! or by which the rihtful custody of any person is withheld from theperson entitled thereto. 6he writ may also be issued where! as a conseDuence of a udicialproceedin! a) there has been a deprivation of a constitutional riht resultin in the restraint of a person+ b) the court had no urisdiction to impose the sentence+ or c) an eEcessive penaltyhas been imposed! as such sentence is void as to such eEcess. $n t%e Matter of t%e

 +pplication for t%e Arit of Ha&eas *orpus Reclassif!ing entence to R.+. N3. 8#;# in /e%alf of Rogelio 3rilla, et al. vs, 4%e 5irector, /ureau of *orrections, G.R. 4o. 1'0&'! ;anuary22! 200')

  etitioner was detained pursuant to a final 4udg"ent of the Mue8on City R6C convictin

him for the crimes of carnappin and illeal possession of firearms. 7e is therefore not entitledto the writ of habeas corpus.  6he rule is that if a person alleed to be restrained of his liberty is in custody of an officer under process issued by a court or ude or by virtue of a 4udg"ent or order  of a court of record the writ of habeas corpus will not be allowed. /arredo vs. 'inarao!. G.R. 4o. 1,-'2-!

 uust 2! 200')

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  (n eneral! the purpose of the writ of habeas corpus is to determine whether or not aparticular person is leally held. prime specification of an application for a writ of habeascorpus! in fact! is an actual and effective! and not merely nominal or moral! illegal restraintof   libert). $n t%e Matter of t%e etition of Ha&eas *orpus of ufeia Rodrigue) vs. Luisa'illanueva, G.R. 4o. 1,&-2! ;anuary 2&! 200-)

  4otably! the record shows that ;ude erello ranted the writs of habeas corpus evenwithout the pertinent copies of detention and udment of conviction. 6his is contrary to theprovisions of "ection %d) of Rule 102 of the Rules of Court. 6he Rules clearly reDuire that acopy of the commitment or cause of detention must accompany the application for the writ of habeas corpus.  3ffice of t%e *ourt +dinistrator vs. Judge erello! .3. 4o. R6;*05*1&52!/ecember 2! 200-)

 "trict compliance with the technical reDuirements for a habeas corpus petition as provided

in the Rules of Court may be dispensed with where the alleations in the application aresufficient to ma#e out a case for habeas corpus.

4onetheless! we aree with the F"G that petitioner is not entitled to the issuance of thewrit. convict may be released on parole after servin the minimum period of his sentence.7owever! the pendenc) of anot$er cri"inal case is a round for the disDualification of suchconvict from bein released on parole. (letc%er vs. 4%e 5irector of /ureau of *orrections!$/N*10'1! ;uly 1'! 200&)

  writ of habeas corpus eEtends to all cases of illeal confinement or detention or by which

the rig$tful custod) of person is withheld from the one entitled thereto. Respondent! as the udicial uardian of ulu! was duty*bound to care for and protect her ward. <or her to performher obliation! respondent must have custody of ulu. 6hus! she was entitled to a writ of habeas corpus after she was unduly deprived of the custody of her ward. Hernande) vs. anJuanantos, G.R. 4o. 1,,'0! uust '! 200&)

. +ule on ustod$ of ?inors and Writ of 7aeas orpus in +elationto ustod$ of ?inors .3. 4o. 0%*0*0*"C) – too# effect 3ay 15! 200%

  a. verified petition for the rihtful custody of a minor may be filed by any person claiminsuch riht. 6he petition shall be filed with the <amily Court of the province or city where thepetitioner resides or where the minor may be found.  b. fter trial! the court shall render udment awardin custody of the minor to the proper party considerin the best interests of the minor.  c. 7owever! if it appears that both parties are unfit to have the care and custody of theminor! the court may desinate either the paternal or maternal randparent of the minor or hisoldest brother or sister! or any reputable person to ta#e chare of such minor! or commit him toany suitable home for children.

  d. 6he court may issue any order that is ust and reasonable permittin the parent who isdeprived of the care and custody of the minor to visit or have temporary custody.

 

• Court of Appeals $as 4urisdiction to issue writs of $abeas corpus in cases

involving custod) of "inors

6here is nothin in R -%,& which revo#ed the Court of ppealsH urisdiction to issuewrits of habeas corpus involvin the custody of minors. $n t%e Matter of +pplication for t%e$ssuance of a Arit of Ha&eas *orpusD 4%ornton vs. 4%ornton ! G.R. 4o. 155&-! uust 1,!200) (n fact! the Court of ppeals and "upreme Court have concurrent urisdiction with familycourts in habeas corpus cases where the custody of minors is involved. MadriBan vs.MadriBan! G.R. 4o. 15&%'! ;uly 12! 200')

-. Writ of Amparo ;A.?. -o. B'C'12'S< ' October >15 >

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1. o(era%e 0See *able under Definition2

 • KE-tralegal :illingsL – #illins committed without due process of law! i.e.! without leal

safeuards or udicial proceedins. 

• KEnforced disappearancesL – attended by the followin characteristics= an arrest!

detention or abduction of a person by a overnment official or orani8ed roups or private individuals actin with the direct or indirect acDuiescence of the overnment+ therefusal of the "tate to disclose the fate or whereabouts of the person concerned or arefusal to ac#nowlede the deprivation of liberty which places such persons outside theprotection of law.

2. Distin%uish from haeas corpus and haeas data 0See *able2

3. Dierences et"een Amparo and search "arrant

  6he production order under the mparo Rule should not be confused with a search warrantor law enforcement under rt. (((! "ec. 2 of the Constitution. 6he Constitutional provision is aprotection of the people from the unreasonable intrusion of the overnment! not a protection of the overnment from the demand of the people as such respondents. (nstead! the amparoproduction order may be limited to the production of documents or thins under "ec. 1! Rule2' of the Rules of Civil rocedure ecretar! of National 5efense vs. Manalo, G.R. 4o.1-0&0,! Fctober '! 200-).

!. Who ma$ 4le 0See *able2

*. ontents of return

 a) awful defenses to show that respondent did not violate or thereaten with violation the

riht to life! liberty or security of the arieved party! throuh any act or omisson .  b) "teps or actions ta#en by the respondent to determine the facts or whereabouts of thearieved party and person Js responsible for the threat! act or omission+

  c) ll relevant information in the possession of respondent pertainin to the threat! act or omission aainst the arieved party+  d) (f respondent is a public official or employee! the return shall further state the actionsthat have been or will be ta#en=  i) to verify the identity of the arieved 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 personsresponsible+

  iii) to identify witnesses and obtain statements from them concernin the death or disappearance

  iv) to determine the cause! manner! location and time of death or disappearance as wellas any pattern or practice that may have brouht about the death or disappearance+

  v) to identify and apprehend the person or persons involved in the death or disappearance+ and

  vi) to brin the suspected offenders before a competent court. 

A general denial of t$e allegations in t$e petition s$all not be allowed(

5. Eects of failure to 4le return 0See *able2

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. mnius "ai(er rule  5efenses Not leaded 5eeed Aaived . **ll defenses shall be raised in the return!otherwise! they shall be deemed waived "ec. 10).

. Procedure for hearin% 0See *able on Su""ar) +earing2

 C. 8nstitution of separate action 0See *able2

1B. Eect of 4lin% of a criminal action 0See *able)

11. onsolidation 0See *able2

12. 8nterim reliefs a(ailale to petitioner and respondent 0See *able2

 13. uantum of proof in application for issuance of Writ of Amparo

 /urden of proof and standard of dilligence re7uired  – 6he parties shall establish their 

claims by substantial evidence.  Respondent private individual or entity – prove that ordinary dilience as reDuired byapplicable laws! rules and reulations was observed in the performance of duty.  Respondent public official or employee

 – prove that eEtraordinary dilience as reDuired! etc. was observed in the performance of duty.

  ' cannot invo#e presumption that official duty has been reularly performed to evade

ressponsibility or liability "ec. 1')

• @rit of mparo provides rapid 4udicial relief as it parta#es of a summary proceedin

that reDuires only "$B"646( 9(/4C to ma#e the appropriate reliefs availableto the petitioner+ not an action to determine criminal uilt reDuirin proof beyondreasonable doubt! or liability for damaes reDuirin preponderance of evidence! or administrative responsibility reDuirin substantial evidence that will reDuire full and

eEhaustive proceedins

• 8ot$ preventive and curative

(t is preventive in that it brea#s the eEpectation of impunity in the commission of theseoffenses+ it is curative in that it facilitates the subseDuent punishment of perpetrators as it willinevitably yield leads to subseDuent investiation and action.

• /urisprudence

  6he threatened demolition of a dwellin by virtue of a final udment of the court is notincluded amon the enumeration of rihts for which the remedy of a writ of amparo is made

available. 6heir claim to their dwellin! assumin they still have any despite the final andeEecutory udment adverse to them! does not constitute riht to life! liberty and security.6here is! therefore! no leal basis for the issuance of the writ of amparo.  *anlas vs. NapicoHoeo?ners +ssociation $ K$$$, $nc.,. G.R. 4o. 1-2'&5! ;une 5! 200-)

  $nder these leal and factual situations! we are far from satisfied with the prima facieeEistence of the ultimate facts that would ustify the issuance of a writ of amparo. Rather thanacts of terrorism that pose a continuin threat to the persons of the petitioners! the violentincidents alleed appear to us to be purely property*related and focused on the disputed land.

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6hus! if the petitioners wish to see# redress and hold the alleed perpetrators criminallyaccountable! the remedy may lie more in the realm of ordinary criminal prosecution rather thanon the use of the eEtraordinary remedy of the writ of amparo. 4apu) vs. Judge del Rosario!G.R. 4o.1-2-! ;une 1'! 200-)

  @hile the riht to life under rticle (((! "ection 1 uarantees essentially the riht to be alive* upon which the enoyment of all other rihts is preconditioned * the riht to security of personis a uarantee of the secure Duality of this life.  <irst! the riht to security of person is Kfreedom from fear.L $niversal /eclaration of 7umanRihts A$/7R and (nternational Covenant on Civil and olitical Rihts A(CCR) 6hehilippines is a sinatory to both the $/7R and the (CCR.  "econd! the riht to security of person is a uarantee of bodily and psycholoical interityor security. rticle (((! "ection 12 of the 1&-' Constitution)  6hird! the riht to security of person is a uarantee of protection of oneHs rihts by theovernment. rotection includes conductin effective investiations! orani8ation of theovernment apparatus to eEtend protection to victims of eEtraleal #illins or enforceddisappearances or threats thereof) andJor their families! and brinin offenders to the bar of 

 ustice. 4%e ecretar! of National 5efense vs. Manalo! G.R. 4o. 1-0&0,! Fctober '! 200-)

. Writ of  Habeas Data ;A.?. -o. B'1'15'S<  9 %ebruar) >5 >H

1. Scope of "rit 0See *able under Definition)

2. A(ailailit$ of "rit 0See *able under Availabilit)2

3. Distin%uish from 7aeas orpus and Amparo 0See *able2

!. Who ma$ 4le 0See *able2

*. ontents of petition

  a) 6he personal circumstances of the petitioner and the respondent+  b) 6he manner the riht to privacy is violated or threatened and how it affectsthe riht to life! liberty or security of the arieved party+

  c) 6he actions and recourses ta#en by the petitioner to secure the data or information+

  d) 6he location of the files! reisters or databases! the overnment office!and the person in chare! in possession or in control of the data or information! if #nown+

  e) 6he reliefs prayed for! which may include the updatin! rectification!suppression or destruction of the database or information or files #ept by therespondent. (n case of threats! the relief may include a prayer for an order enoininthe act complained of+ and

  f) "uch other relevant reliefs as are ust and eDuitable "ec. ,). 

5. ontents of return 

a) awful defenses such as national security! state secrets! privilied communication!confidentiality of the source of information of media and others+  b) (f respondent in chare! in possession or in control of the data or informationsubect of the petition **

  i) a disclosure of the data or information about petitioner! nature of such data or information! and purpose of its collection+

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  ii) steps or actions ta#en by respondent to ensure the security and confidentialityof the data or information+

  iii) currency and accuracy of the data and information held+ and  c) other alleations relevant to the resolution of the proceedin+ A general denial of t$e allegations in t$e petition s$all not be allowed(

. 8nstances "hen petition heard in chamers 

7earin in chambers may be conducted where respondent invo#es the defense thatthe release of the data or information shall compromise national security or state secrets!

or when the data or information cannot be divuled to the public due its nature or privileedcharacter "ec.12).

  . onsolidation 0See*able2

  C. Eect of 4lin% a criminal action 0See *able2

1B. 8nstitution of separate action 0See *able2

• /urisprudence

"ection , of the Rule on the @rit of 7abeas /ata reDuires material alleations of ultimatefacts in a petition for the issuance of a writ of habeas data=  "pecifically! we see no concrete alleations of unustified or unlawful violation of the riht toprivacy related to the riht to life! liberty or security. 6he petition li#ewise has not alleed!much less demonstrated! any need for information under the control of police authorities other than those it has already set forth as interal anneEes. 6he necessity or ustification for theissuance of the writ! based on the insufficiency of previous efforts made to secure information!has not also been shown. (n sum! the prayer for the issuance of a writ of habeas data isnothin more than the Kfishin eEpedition@ that this Court * in the course of draftin the Rule onhabeas data * had in mind in definin what the purpose of a writ of habeas data is not. (nthese lihts! the outriht denial of the petition for the issuance of the writ of habeas data is fullyin order. 4apu) vs. Judge Rosario! G.R. 4o.1-2-! ;une 1'! 200-)

 

P. han%e of -ame

Rule 13&(ange of !ame

• Purpose of Rule

$nder rt. %',! Civil Code – no person can chane his name or surname without uridical authority

 

(nvolvin substantial chanes! obective is the prevention of fraud.

• Nature of proceeding

 6o establish the status of a person involvin his relation with others! that is! his leal

position in! or! with reard to the rest of the community

• .$o "a) file petition

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  KersonL – all natural persons reardless of status. (ncludes  1. lien * * domiciled in the hilippines! not one temporarily stayin Fn 7uan 6in

vs. Rep.! G.R. 4o. *20&&'! pril 2'! 1&,')  2. dopted child Rep. v. @on! 20& "CR 1-&)

• enue , "ec. 1

Reional 6rial Court of place in which petitioner resides.

•   Order for $earing – "ec. %

1. (f petition sufficient in form and substance!

2. 6he court! by an order recitin the purpose of the petition! shall  a. fiE a date and place for the hearin thereof!  b. direct that copy of the order be published at least once a wee# for % successive wee#s  in a newspaper of eneral circulation%. 6he date set for hearin shall not be  a. within %0 days prior to an election nor   b. within months after the last publication of the notice

•  /urisdictional reBuire"ents

  1. ublication of petition for % consecutive wee#s in newspaper! etc.2. Both title or caption and body shall recite

  a. name or names or alias of applicant  b. cause for which chane of name is souht  c. new name as#ed for 

  Reason= chane of name a matter of public interest

- petitioner miht be in roues allery or hidin to avoid service of sentence or escaped from prison

- if alien miht have iven case for deportation! or subect of deportation order 

1. Dierences under +ule 1B3, +A CB! and +ule 1B

Rule =? Rule =H R(A( F1H

Rule or aw Chane of 4ame CancellationJ Correctionof ntries in the CivilReistry

Clerical rror ct

"ubect 3atter Chane of full name orfamily name substantialcorrections)

Cancellation orcorrection of civilreistry entriessubstantial corrections)

Chane of first name ornic#name andcorrrection of civilreistry entries onlytyporaphical or clericalerrors)

@ho may <ile person desirin tochane his name."ection 1)

 ny person interested inany act! event! order ordecree concernin thecivil status of personswhich has beenrecorded in the civilreister. "ection 1)

 ny person havindirect and personalinterest in the correctionof a clerical ortyporaphical error in anentry andJor chane offirst name or nic#name."ection %)

9enue R6C of the province in R6C of city or province 1. ocal civil reistry

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which petitioner residedfor % years prior to filin.

where thecorrespondin civilreistry is located.

office of the city ormunicipality where therecord bein souht tobe corrected or chanedis #ept+

2. ocal civil reistrar ofthe place where theinterested party ispresently residin ordomiciled+

%. hilippine Consulate

Contents of petition a) 6hat petitioner hasbeen a bona fideresident of the provincewhere the petition isfiled for at least three%) years prior to thedate of such filin+

b) 6he cause for whichthe chane of

petitioners name issouht+

c) 6he name as#ed for."ection 2)

a) <acts necessary toestablish the merits ofpetition+

b) articular erroneousentry or entries! whichare souht to becorrected andJor thechane souht to bemade.

etition shall besupported by thefollowin documents=

1) certified truemachine copy of thecertificate or of the paeof the reistry boo#containin the entry orentries souht to becorrected or chaned+

2) t least two 2)public or privatedocuments showin thecorrect entry or entriesupon which thecorrection or chaneshall be based+ and

%) Fther documentswhich petitioner or thecity or municipal civil

reistrar or the consuleneral may considerrelevant and necessaryfor the approval ofpetition. "ection 5)

Grounds 1. 4ame is ridiculous!tainted with dishonorand eEtremely difficult to

$pon ood and validrounds.

1. etitioner finds thefirst name or nic#nameto be ridiculous! tainted

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write of pronounce+

2. ConseDuence ofchane of status+

%. 4ecessity to avoidconfusion+

. 7avin continuouslyused and been #nownsince childhood by a

<ilipino name! unawareof her alien parentae+

5. sincere desire toadopt a <ilipino name toerase sins of formeralienae all in ood faithand without preudicinanybody.

with dishonor oreEtremely difficult towrite or pronounce+

2. 6he new first name or nic#name has beenhabitually andcontinuously used bypetitioner and he hasbeen publicly #nown bythat first name or

nic#name in thecommunity+ or

%. 6he chane will avoidconfusion. "ection )

Nind of proceedin ;udicial roceedin ;udicial roceedin

 dversarial in nature

because involvessubstantial chanes andaffects the status of anindividual

 dministrativeroceedin

@hat to file <ile a sined andverified petition.

.

<ile a verified petitionfor the cancellation orcorrection of any entry.

<ile an affidavit.

4otice and ublication t least once a wee# for three consecutivewee#s in a newspaper

circulation notice ofhearin)

 t least once a wee# for three consecutivewee#s in a newspaper

of eneral circulationnotice of hearin)

 t least once a wee# for two consecutive wee#spublish the whole

affidavit) – in chane offirst name or nic#name

ostin 4o postin 4o postin /uty of the civil reistrar  or Consul to postpetition in aconspicuous place for10 consecutive days

@ho participates on thepart of the Government

6he "olicitor General or the proper provincial orcity fiscal shall appearon behalf of the

Government of theRepublic.

6he Civil Reistrar. 6he CivilReistrar orConsul.

@here to appeal= ppeal decision to theCourt of ppeals.

 ppeal decision to theCourt of ppeals.

 ppeal decision to theCivil Reistrar Generalhead of 4C"F).

2. /rounds for chan%e of name

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  6he "tate has an interest in the names borne by individuals and entities for purposes of identification. chane of name is a privilee and not a riht! so that before a person can beauthori8ed to chane his name! he must show proper or reasonable cause! or any compellinreason which may ustify such chane.

Grounds for chane of name which have been held valid=1) 4ame is ridiculous! dishonorable! or eEtremely difficult to write or pronounce+2) Chane results as a leal conseDuence! as in leitimation+%) Chane will avoid confusion+) @hen one has continuously used and been #nown since childhood by a <ilipino

name! and was unaware of alien parentae+5) "incere desire to adopt <ilipino name to erase sins of former alienae! all in ood

faith and without preudicin anybody+,) "urname causes embarrassment and there is no showin that the desired chane

of name was for a fraudulent purpose or that the chane of name would preudicepublic interest.

Illegiti"ate c$ild now allowed to use surna"e of fat$er  

N( 8(  R.. &255 amended rticle 1', of the <amily Code allowin the $llegitiate *%ild 4o2se 4%e urnae 3f 4%e (at%er $f 4%e Latter @pressl! Recogni)ed (iliation $n + Record 3f /irt% 0 approved <ebruary 2! 200). 6his modifies Leonardo vs. *ourt of +ppeals G. R. 4o.125%2&! "eptember 10! 200%) disallowin an illeitimate child the riht to use hisJher fatherHs

name.

• Ot$er cases

 $nder rt. 1', of the Civil Code! Giovanni is entitled to chane his name as he was never 

reconi8ed by his father while his mother has always reconi8ed him as her child. chane of name will erase the impression that he was ever reconi8ed by his father. (t is also his bestinterest as it will facilitate his motherHs intended petition to have him oin her in the $nited"tates. 6he Court will not stand in the way of the reunification of moter and son. Repu&lic of t%e %ilippines vs. *apote, G.R. 4o. 15'0%! <ebruary 2! 200') 

3iddle names serve to identify the maternal lineae or filiation of a person as well asfurther distinuish him from others who may have the same iven name and surname as hehas. (n the case at bar! the only reason advanced by petitioner for droppin his middle nameis convenience $n Re etition for *%ange of Nae andor *orrection*ancellation of ntr! of *ivil Registr! of Julian Lin *arulasan Aang ! G.R. 4o. 15&&,,! 3arch %0! 2005)

  6he court shall rant the petition under Rule 10% only when satisfactory proof has beenpresented in open court that the order had been published as directed! the alleations in thepetition are true! and proper and reasonable causes appear for chanin the name of thepetitioner. R= <(4 RFR6 F4 67 ;$/(C( $/(6 CF4/$C6/ 6 67 R6C! BR.,'! 4(M$(! 6RC! .3. 4o. 0,*'*1*R6C! Fctober 1&! 200')

A person;s first na"e cannot be c$anged on t$e ground of se- reassign"ent

  etitioner  souht to have his name in his birth certificate chaned from KRommel ;acintoL toK3ely!L and his seE from KmaleL to Kfemale.L. etitionerHs basis in prayin for the chane of hisfirst name was his seE reassinment. 7e intended to ma#e his first name compatible with theseE he thouht he transformed himself into throuh surery. 7owever! a chane of name doesnot alter oneHs leal capacity or civil status. R &0- does not sanction a chane of first nameon the round of seE reassinment. Rather than avoidin confusion! chanin petitionerHs firstname for his declared purpose may only create rave complications in the civil reistry and thepublic interest.

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  Before a person can leally chane his iven name! he must present proper or reasonablecause or any compellin reason ustifyin such chane. (n addition! $e "ust s$ow t$at $ewill be pre4udiced b) t$e use of $is true and official na"e . (n this case! he failed to show!or even allee! any preudice that he miht suffer as a result of usin his true and official name.  (n sum! the petition in the trial court in so far as it prayed for the chane of petitionerHs firstname was not within that courtHs primary urisdiction as the petition should have been filed withthe local civil reistrar concerned! assumin it could be leally done. (t was an improper remedy because the proper remedy was administrative! that is! that provided under R &0-. (twas also filed in the wron venue as the proper venue was in the Fffice of the Civil Reistrar of 3anila where his birth certificate is #ept. 3ore importantly! it had no merit since the use of histrue and official name does not preudice him at all ilverio vs Repu&lic ! G.R. 4o. 1',-&!Fctober 22! 200')

.$ere c$ange of na"e allowed arising fro" c$ange of gender   s for respondentHs chane of name under Rule 10%! this Court has held that a chane of name is not a matter of riht but of udicial discretion! to be eEercised in the liht of the reasonsadduced and the conseDuences that will follow. 6he trial courtHs rant of respondentHs chaneof name from ;ennifer to ;eff implies a chane of a feminine name to a masculine name.Considerin the conseDuence that respondentHs chane of name merely reconi8es hispreferred ender! we find merit in respondentHs chane of name. "uch a chane will conformwith the chane of the entry in his birth certificate from female to male.  Repu&lic vs.*aganda%an! G.R. 4o. 1,,,',! "eptember 12! 200-)

. Asentees Rule 17 

 Absentees

1. Purpose of the rule

2. Who ma$ 4le "hen to 4le

• Provisional representative

@hen a person disappears from his domicile! his whereabouts bein un#nown! and

without havin left an aent to administer property or the power conferred on the aent haseEpired! an interested party! relative or friend may file a petition in the R6C of the place wherethe absentee resided before disappearanceo appoint provisionally a representative for him"ec. 1).

• *rustee or ad"inistrator 

  fter 2 years without any news or after 5 years if an aent was left to administer theabsenteeHs property! a petition for declaration of absence and appointment of a trustee or administrator may be filed."ec. 2)

•   Notice and publication reBuired

Copies of tne notice and hearin shall be served on #nown heirs and creditors andother interested persons and published once a wee# for % consecutive wee#s in a newspaper of eneral circulation. "ec. )

 

•  Declaration of presu"ptive deat$

 4o independent action for declaration of presumption of death – presumption may arise

and be invo#ed in an action or special proceedin

 

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@ception 

$nder rt. 1 of <amily Code! for purpose of present spouse contractin a secondmarriae! he must file summary proceedin for declaration of presumptive death of theabsentee! without preudice to the latterHs reappearance. 

6his is intended to protect present spouse from criminal prosecution for biamy under  rt. %& of RC. @ith udicial declaration that missin spouse is presumptively dead! oodfaith of present spouse in contractin marriae is established.

•  Period of absence of spouse before subseBuent "arriage

- consecutive years – well founded belief that absent spouse already dead- 2 years – daner of death

+. ancellation or orrection of Entries in the i(il+e%istr$

Rule 1 &ancellation or correction of entriesin t(e civil registry 

• .$o "a) file petition

1. ny person interested in any * act* event * decree

  2. concernin the civil status of persons  %. which has been recorded in the civil reistry

• enue

Reional 6rial Court of place where correspondin civil reistry is located "ec. 1)

• Correction of entr) under Rule =H proceeding in re" 9 publication binds t$e w$ole

world "ubstantial corrections or cancellations of entries in civil reistry records affectin the

status or leitimacy of a person may be effected throuh the institution of a petition under Rule10- of the Revised Rules of Court! with the proper Reional 6rial Court. Bein a proceedin inrem! acDuisition of urisdiction over the person of petitioner is therefore not reDuired in thepresent case. (t is enouh that the trial court is vested with urisdiction over the subect matter.  6he service of the order at 4o. 1- rDui8a "t.! rmita! 3anila and the publication thereof in a newspaper of eneral circulation in 3anila! sufficiently complied with the reDuirement of due process! the essence of which is an opportunity to be heard. 6he publication of the order isa notice to all indispensable parties! includin rmi and petitioner minor! which binds the wholeworld to the udment that may be rendered in the petition.  +l&a vs. *+, G.R. 4o. 1,01!

;uly 2&! 2005 :

• Indispensable parties "ust be notified

  $nder "ec. %! Rule 10- not only the civil reistrar but also all persons who have or claimany interest which would be affected by a proceedin concernin the cancellation or correctionof an entry in the civil reister must be made parties thereto.

4o party could be more interested in the cancellation of RosilynHs birth certificate thanRosilyn herself. 7er filiation! leitimacy! and date of birth are at sta#e.

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 6he lac# of summons on Rosilyn was not cured by the publication of the order of the trial

court settin the case for hearin for three consecutive wee#s in a newspaper of eneralcirculation. "ummons must still be served! not for the purpose of vestin the courts with

 urisdiction! but to comply with the reDuirements of fair play and due process. 6his is butproper! to afford the person concerned the opportunity to protect her interest if she so chooses.*eruila vs. 5elantar * G.R. 4o. 10%05! /ecember &! 2005)

1.Entries suject to cancellation or correction under +ule 1B, inrelation to +A CB!

• Ad"inistrative correction of clerical or t)pograp$ical errors

6he obvious effect of Republic ct &0- is merely to ma#e possible the administrativecorrection of clerical or typoraphical errors or chane of first name or nic#name in entries inthe civil reister! leavin to Rule 10- the correction of substantial chanes in the civil reistry inappropriate adversarial proceedins. Repu&lic v. /eneerito G.R. 4o. 1,&,%! 3arch 15!200).

Republic Act F1H

• .$o "a) file petition

1. ny person of leal ae2. havin direct and personal interest in the%. correction of a clerical or typoraphical error in an entry andJor . chane of first name or nic#name in the civil reister 

   person is considered to have direct and personal interest when he is the owner of therecord! or the owners spouse! children! parents! brothers! sisters! randparents! uardian!or any other person duly authori8ed by law or by the owner of the document souht to becorrected=

• enue 

ocal Civil Reistrar of place where record is located.

  Ec. a) (f impractical in terms of transportation eEpenses! time and effort as wherepetitioner has transferred to another place – CR of petitionerHs residence.

  b) (f person presently residin or domiciled in a forein country ** nearesthilippine Consulate! or CR of place where record is located

• C$ange of na"e under Rule =H

 6he enactment in 3arch 2001 of Republic ct 4o. &0- has been considered to lend

leislative affirmation to the udicial precedence that substantial corrections to the civil status of persons recorded in the civil reistry may be effected throuh the filin of a petition under Rule10-. @hen all the procedural reDuirements under Rule 10- are thus followed! the appropriate

adversary proceedin necessary to effect substantial corrections to the entries of the civilreister is satisfied.  @ith respect to the correction in CarlitoHs birth certificate of his name from KCarlito ;ohnL toKCarlito!L the same was properly ranted under Rule 10- of the Rules of Court. s correctlypointed out by the C! the cancellation or correction of entries involvin chanes of name fallsunder letter KoL of the followin provision of "ection 2 of Rule 10-= Kntries subect tocancellation or correction. U $pon ood and valid rounds! the followin entries in the civilreister may be cancelled or corrected= E E E o) chanes of name.L 7ence! while the

 urisdictional reDuirements of Rule 10% which overns petitions for chane of name) were not

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complied with! observance of the provisions of Rule 10- suffices to effect the correction souhtfor. Repu&lic vs. E%o! G.R. 4o. 1'0%0! ;une 2-! 200')

•   Registered na"e of illegiti"ate c$ild

 An illegiti"ate c$ild w$ose filiation is not recogniMed b) t$e fat$er bears onl) a

given na"e and $is "ot$er;s surna"e5 and does not $ave a "iddle na"e(  6he name of the unreconi8ed illeitimate child therefore identifies him as such. (t is only when theilleitimate child is leitimated by the subseDuent marriae of his parents or ac#nowleded bythe father in a public document or private handwritten instrument that he bears both hismotherHs surname as his middle name and his fatherHs surname as his surname! reflectin hisstatus as a leitimated child or an ac#nowleded illeitimate child. ccordinly! the reistrationin the civil reistry of the birth of such individuals reDuires that the middle name be indicated inthe certificate. 6he reistered name of a leitimate! leitimated and reconi8ed illeitimatechild thus contains a iven or proper name! a middle name! and a surname. $n ReD etition for *%ange of Nae andor *orrection*ancellation of ntr! in *ivil Registr! of Julian Lin*arulasan Aang ! G.R. 4o. 15&&,,! 3arch %0! 2005).

 • No intent on t$e part of t$e law"a:ers to re"ove t$e aut$orit) of t$e trial courts

to "a:e 4udicial corrections of entries in t$e civil registr)

  (t can thus be concluded that the local civil reistrar has pri"ar)5 not e-clusive5 4urisdiction over such petitions for correction of clerical errors and chane of first name or nic#name! with R.. 4o. &0- prescribin the procedure that the petitioner and local civilreistrar should follow. "ince R.. 4o. &0- refers specifically to the administrative summaryproceedin before the local civil reistrar it would be inappropriate to apply the sameprocedure to petitions for the correction of entries in the civil reistry before the courts.  ReD(inal Report on t%e Judicial +udit *onducted at t%e Regional 4rial *ourt, /r. 6, ani7ui,4arlac, .3. 4o. 0,*'*1*R6C! Fctober 1&! 200').

• C$ange of first na"e is wit$in t$e pri"ar) 4urisdiction of t$e local civil registrar 

 R &0- now overns the chane of first name. (t vests the power and authority to

entertain petitions for chane of first name to the city or municipal civil reistrar or consul

eneral concerned. $nder the law! therefore! urisdiction over applications for chane of firstname is now primarily loded with the aforementioned administrative officers. 6he intent andeffect of the law is to eEclude the chane of first name from the coverae of Rules 10%Chane of 4ame) and 10- Cancellation or Correction of ntries in the Civil Reistry) of theRules of Court! until and unless an administrative petition for chane of name is first filed andsubseDuently denied. (t li#ewise lays down the correspondin venue! form and procedure. (nsum! the remedy and the proceedins reulatin chane of first name are primarilyadministrative in nature! not udicial ilverio vs Repu&lic ! G.R. 4o. 1',-&! Fctober 22! 200')

• C$ange of se- or gender allowed w$ere person $as bot$ "ale and fe"ale se-ual

c$aracteristics 

6he trial court ordered the correction of entries in the birth certificate of respondent tochane her seE or ender! from female to male! on the round of her medical condition #nownas Conenital drenal 7yerplasia C7)! and her name from K;enniferL to K;eff!L under Rules10% and 10- of the Rules of Court. EEE C7 is one of many conditions that involve interseEanatomy. 6he term KinterseEualityL applies to human beins who cannot be classified as either male or female. @e respect respondentHs conenital condition and his mature decision to be amale. @here the person is bioloically or naturally interseE the determinin factor in his ender classification would be what the individual! li#e respondent! havin reached the ae of maority!with ood reason thin#s of hisJher seE. Respondent here thin#s of himself as a male and

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considerin that his body produces hih levels of male hormones androen) there ispreponderant bioloical support for considerin him as bein male. "eEual development incases of interseE persons ma#es the ender classification at birth inconclusive. (t is at maturitythat the ender of such persons! li#e respondent! is fiEed Repu&lic vs. Jennifer *aganda%an!G.R. 4o. 1,,,',! "eptember 12! 200-).

• No law allows t$e c$ange of entr) in t$e birt$ certificate as to se- on t$e ground

of se- reassign"ent( 

6he acts! events or factual errors contemplated under rticle 0' of the Civil Code includeeven those that occur after birth. 7owever! no reasonable interpretation of the provision can

 ustify the conclusion that it covers the correction on the round of seE reassinment. 6ocorrect simply means Kto ma#e or set ariht+ to remove the faults or error fromL while to chanemeans Kto replace somethin with somethin else of the same #ind or with somethin thatserves as a substitute.L 6he birth certificate of petitioner contained no error. ll entries therein!includin those correspondin to his first name and seE! were all correct. 4o correction isnecessary.  @hile petitioner may have succeeded in alterin his body and appearance throuh theintervention of modern surery! no law authori8es the chane of entry as to seE in the civilreistry for that reason. 6hus! there is no leal basis for his petition for the correction or chaneof the entries in his birth certificate. ilverio vs Repu&lic ! G.R. 4o. 1',-&! Fctober 22! 200')

  Ad"inistrative correction of 0a2 da) and "ont$ in t$e date of birt$ and 0b2 se- of 

a person now allowed , provided it is patently clear that there was a clerical or typoraphical error or mista#e in the entry RA ==>! "eptember -! 2012)

• Ot$er /urisprudence

 4! Eong 4in 1&5)= followed by Chua @ee vs. Rep.! @on vs. Rep.! Rep. vs. 3edina –

Rule 10- should be limited solely to implementation of rt. 12! the substantive law on thematter of correctin errors in the civil reister.

  rt. 12 contemplates a summary procedure! involvin correction of clerical errors! or a

harmless! innocuous nature! not chanes involvin civil status! nationality or citi8enship! whichare substantial andJor controversial 

Rep. vs. Macliing  – proceedins! althouh filed under Rule 10-! not summary becausepublished for % consecutive wee#s+ "olGen notified and filed opposition! etc.

 Rep. vs. 'alencia 11 "CR ,2 A1&-,) – turnin point! paradim shift=

  Rule 10- embodies two #inds of proceedins=1. procedure summary in nature for correctin clerical or unsubstantial matters to

ma#e it less tedious and eEpensive2. procedure adversary in nature to overn proceedins involvin substantial chanes

  (f all procedural reDuirements have been followed! petition for correctionJor cancellation even if filed under Rule 10- no loner summary. 

ven substantial errors may be corrected and true facts established prov. partiesarieved by the error avail of the appropriate adversary proceedin.

 

•  ppropriate proceedin=

a. where all relevant facts have been fully weihed and considered

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b. where opposin counsel have been iven opportunity to demolish the opposinpartyHs case

c. where evidence has been thorouhly weihed and considered 

• rocedure becomes /9R"R? proceedins when opposition to petition is

filed by CR or any person havin or claimin interest in entries souht to becancelled andJ or corrected and opposition is actively prosecuted.

• "ubstantial corrections allowed= citi8enship from Chinese to <ilipino+ status

from leitimate to illeitimateH status of mother from married to sinle 

• 'alencia rulin en banc) reiterated in *%ia /en Li vs. >osa  en banc)!Rep. vs. /autista and >apanta vs. L*R of 5avao

•  ttempts to revert to 4! Eong 4in La&a!o Ro?e vs. Rep. ! Leonor vs. *+

and Rep. vs. La&rador 

  7owever! all doubts resolved in ee vs. &A %,' "CR 110 A2001)=1. "ubstantial corrections – Rule 10-2. Clerical or typoraphical errors includin chane of first name) – R &0-

administrative correction)

Substantial corrections  Kppropriate adversary proceedinL is Kone havin opposin parties+ contested! asdistinuished from an eE parte application! one of which the party see#in relief has iven lealwarnin to the other party! and afforded the latter an opportunity to contest it.L  @hen all the procedural reDuirements under Rule 10- are thus followed! the appropriateadversary proceedin necessary to effect substantial corrections to the entries of the civilreister is satisfied.

4o substantial chane or correction in an entry in a civil reister can be made without a udicial order! and! under the law! a chane in citi8enship status is a substantial chane.Repu&lic vs. E%o! G.R. 4o. 1'0%0! ;une 2&! 200')

  N(8. correction is "$B"646( FR CF46RF9R"( if it involves the chane of theage! se-! nationalit)  or civil status of a person. Rule 11.1.2! (mplementin Rules andReulations! R &0-)

 Republic ct 4o. &0- provides in "ection 2 %) that a summary administrative proceedin

to correct clerical or typoraphical errors in a birth certificate cannot apply to a chane innationality. "ubstantial corrections to the nationalit) or citiMens$ip of persons recorded in thecivil reistry should! therefore! be effected throuh a petition filed in court under Rule 10- of the Rules of Court. Eilos&a!an (oundation vs. rita! G.R. 4o. 1'''21! ;uly %! 200')

  6he local civil reistrar has pri"ar)5 not e-clusive5 4urisdiction over such petitions for correction of clerical errors and chane of first name or nic#name! with R.. 4o. &0-prescribin the procedure that the petitioner and local civil reistrar should follow. ReD (inal Report on t%e Judicial +udit *onducted at t%e R4*, /R. 6, ani7ui, 4arlac,  .3. 4o. 0,*'*1*R6C! Fctober 1&! 200')

 

S. Appeal in Special Proceedin%s

Rule 10

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 Appeals in special proceeding 

1. :ud%ments and orders for "hich appeal ma$ e taFen

2. When to appeal

 Sec. 1.  ny (46R"6/ R"F4 may appeal from an order or udment rendered by theR6C! where such order or udment

1.  llows or disallows a @(

2. /etermines who are the lawful heirs of a deceased or the /("6R(B$6(9 "7R of 

the estate to which he is entitled3.  llows or disallows! in whole and any part! any C(3 aainst the estate! or any

C(3 presented in behalf of the estate (4 F<<"6 to any claim aainst it

4. "ettles the CCF$46 of an eEecutor! administrator! trustee or uardian

5. Constitutes! in proceedins relatin to the "66346 of the estate of the deceased!

or the /3(4("6R6(F4 of a trustee or uardian! a <(4 /6R3(46(F4 in thelower court of the rihts of the party appealin. Eception= no appeal from appointmentof special administrator.

6. (s the <(4 FR/R or ;$/G346 rendered in the case! and affects the

"$B"646( R(G76" of the person appealin. $nless it be an order rantin or denyin a motion for new trial or reconsideration – "ec. 1 a)! Rule 1= no appeal maybe ta#en from an order denyin a motion for new trial or reconsideration.

• (n certain #inds of special proceedins! such as settlement of estate! appeal may

be ta#en at various staes of the proceedins. 

3. ?odes of appeal

  Rules 0! 1! 2 and 5 apply in conformity with Rule '2! "ec. 2 applicability of rules of civil actions)( (f it is an ordinary appeal under Rules 0 or 1! and the special proceedins aresubect to multiple appeals! li#e settlement of estates! the appeal period is %0 days! a notice of appeal and record on appeal bein reDuired.

Rationale for "ultiple appeals  6he rationale behind allowin more than one appeal in the same case is to enable the restof the case to proceed in the event that a separate and distinct issue is resolved by the courtand held to be final. (n this multi*appeal mode! the probate court loses urisdiction only over the subect matter of the appeal but retains urisdiction over the special proceedin from whichthe appeal was ta#en for purposes of further remedies the parties may avail of.  @here multi*appeals are allowed! we see no reason why a separate petition for certioraricannot be allowed on an interlocutory aspect of the case that is separate and distinct as anissue from the aspect of the case that has been aduded with finality by the lower court./riones vs. Henson*ru) ! G.R. 4o. 15&1%0! uust 22! 200-)

Record of appeal is reBuired onl) in cases w$ere "ultiple appeals "a) arise  Rule 10& contemplates multiple appeals durin the pendency of special proceedins. record on appeal – in addition to the notice of appeal – is thus reDuired to be filed as theoriinal records of the case should remain with the trial court to enable the rest of the case toproceed in the event that a separate and distinct issue is resolved by said court and held to befinal.  (n the present case! the filin of a record on appeal was not necessary since no other matter remained to be heard and determined by the trial court after it issued the appealed

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order rantin respondentHs petition for cancellation of birth record and chane of surname inthe civil reistry.0Repu&lic vs. Nis%ina! G.R. 4o. 1-,05%! 4ovember 15! 2010) 

!. +ule on ad(ance distriution  4otwithstandin a pendin controversy or appeal in prccedins to settle the estate of adecedent! the court may! in its discretion and upon such terms as it may deem proper and ust!permit that such part of the estate as may be affected by the controversy or appeal bedistributed amon the heirs or leatees! upon compliance with the conditions set forth in Rule&0. 

Rule &0! "ec. 1 * /istribution before payment of obliations is allowed provideddistributees ive BF4/ conditioned for payment thereof within such time as court directs.

  EN!E O% SPECIAL PROCEEDINGS

1. Settle"ent of estate  Rule '%)=  R6C or 36C) of province where deceased last residedJproperty situated.

2. Esc$eat  Rule &1)=  R6C of province where deceased last residedJproperty situated.

%. Guardians$ip=Rule on Guardianship of 3inors A.3. 4o. 0%*02*05*"C)<amily Court of province or city where minor residesJproperty situated.

Rule &2R6C of province or city where incompetent residesJproperty situated.

. Adoption Rule on doption A.3. 4o. 02*,*02*"C)=<amily Court of province or city where prospective adoptive parents reside.

Rescission – where adoptee resides.

  5. +abeas Corpus Rule 102)=  (f filed with R6C! where detainee is detained. "C! C and R6C have concurrent urisdiction. 7owever! the writ of habeas corpus issued by the R6C shall beenforceable only within its udicial reion "ec. 21! B 12&).

7abeas Corpus for custody of minors=  <amily courts have eEclusive urisdiction <amily Courts ct of 1&&' AR -%0&.

7owever! under the Rule on Custody of 3inors and @rit of 7abeas Corpus in relationto Custody of 3inors .3. 4o. 0%*0*0*"C)! the petition may be filed with "C! C or any of its members! and the writ shall be enforceable anywhere in the hilippines.

,( A"paro .3. 4o. 0'*&*12*"C)

  "C! C and "B

  R6C of the place where the threat! act or omission was committed or any of itselements occurred

  '. +abeas Data ( .3. 4o. 0-*1*1,*"C)

  "C! C and "B 

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  R6C=  1. @here petitioner resides+ or   2. @here respondent resides+ or   %. @hich has urisdiction over the place where data or information is athered! etc.  ll at the option of petitioner.

  -. #ali:asan .3. 4o. 0&*,*- – "C) "C and C

&. . C$ange of na"e  Rule 10%)=  R6C of province of residence of petitioner. 

Absentees Rule 10')=R6C of place where absentee resided before his disappearance.

10. Cancellation or correction of entries Rule 10-)=R6C of place where civil reistry is located.

  Correction of clerical or typoraphical errors R &0-)=  ocal Civil Reistrar of place where record is located.  Ec. – if impractical in terms of transportation eEpenses! time and effort as where

petitioner has transferred to another place – ocal Civil Reistrar of petitionerHsresidence.

SPECIAL PROCEEDINGS *+A* RE6!IRE NO P!8LICA*ION

1. Guardianship2. 6rustees%. Custody of minors. 7ospitali8ation of insane persons5. Rescission of adoption,. dministrative cancellation or correction of entries

'. 7abeas corpus-. @rit of amparo&. @rit of habeas data10. @rit of #ali#asan11. etitions for foster care and temporary custody12. Cases of domestic violence aainst women and children1%. "ummary proceedins 

7AP&E+S '12, 2B1* +E?ED8A AW #A+ SGA#HS

. +EV8SED +HE - SH??A+G P+EDH+E ;-o(emer 1*, 1CC1<

A. ases o(ered $ the +ule

Civil Cases

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1. <orcible entry and unlawful detainer cases! irrespective of the amount of damaes or unpaidrentals souht to be recovered+ where awarded! attorneyHs fees shall not eEceed twentythousand pesos 20!000.00).2. ll other civil cases! eEcept probate proceedins! where the total amount of the plaintiffsclaim does not eEceed one hundred thousand pesos 100!000.00) and two hundred thousandpesos 200!000.00) in 3etro 3anila eEclusive of interest and costs..3. 4o. 02*11*0&*"C!4ovember 25! 2002)(

Cri"inal Cases1. 9iolations of traffic laws! rules and reulations2. 9iolations of the rental law%. 9iolations of municipal or city ordinances. 9iolations of Batas ambansa Bl. 22 Bouncin Chec#s aw) .3. 4o. 00*11*01*"C!3arch %0! 200%)5. ll other criminal cases where the penalty prescribed by law for the offense chared isimprisonment not eEceedin siE months! or a fine not eEceedin 1!000.00)! or both!irrespective of other imposable penalties! accessory or otherwise! or of the civil liability arisintherefrom= rovided! however! that in offenses involvin damae to property throuh criminalnelience! the Rule shall overn where the imposable fine does not eEceed ten thousandpesos 10!000.00).  6his Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in thesame complaint with another cause of action subect to the ordinary procedure+ nor to acriminal case where the offense chared is necessarily related to another criminal case subect

to the ordinary procedure.

CIIL CASES

#. Pleadin%s Allo"ed 

(n civil cases the only pleadins allowed to be filed are the complaints! compulsorycounterclaims and cross*claims pleaded in the answer! and the answers thereto.

. Eect of 6ailure to Ans"er

$nder "ection ,! should the defendant fail to answer the complaint within ten 10) days fromservice of summons! the court! motu proprio! FR on motion of the plaintiff! shall render 

 udment as may be warranted by the facts alleed in the complaint and limited to what isprayed for therein.

D. Preliminar$ onference and Appearances of Parties

4ot later than thirty %0) days after the last answer is filed! a preliminary conference shall beheld where the rules on pre*trial in ordinary cases shall be applicable! unless inconsistentwith the provisions of this Rule.

laintiffHs failure to appear in the preliminary conference shall be a cause for the dismissal of his complaint.

6he defendant who appears in the absence of the plaintiff shall be entitled to udment onhis counterclaim in accordance with "ection , hereof. ll cross*claims shall be dismissed"ection ').

E. Sumission of A)da(its and Position Papers

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@ithin ten 10) days from receipt of the record of preliminary conference which the courtmust issue within five 5) days after the termination of the preliminary conference)! theparties shall submit the affidavits of their witnesses and other evidence on the factual issuesdefined in the order! toether with their position papers settin forth the law and the factsrelied upon by them( "ection &)

6. +endition of :ud%ment. @ithin thirty %0) days after receipt of the last affidavits and position papers! or the eEpirationof the period for filin the same! the court shall render udment.

  7owever should the court find it necessary to clarify certain material facts! it may! durin the

said period! issue an order specifyin the matters to be clarified! and reDuire the parties tosubmit affidavits or other evidence on the said matters within ten 10) days from receipt of saidorder. ;udment shall be rendered within fifteen 15) days after the receipt of the lastclarificatory affidavits! or the eEpiration of the period for filin the same.

  6he court shall not resort to clarificatory procedure to ain time for the rendition of the udment. "ection 10)

CRI&INAL CASES

/. Arrai%nment and &rial( 

"hould the court! upon a consideration of the complaint or information and the affidavitssubmitted by both parties! find no cause or round to hold the accused for trial! it shall order the dismissal of the case+ otherwise! the court shall set the case for arrainment and trial.

(f the accused is in custody for the crime chared! he shall be immediately arrained and if heenters a plea of uilty! he shall forthwith be sentenced. "ection 1%)

7. Preliminar$ onference

 Before conductin the trial! the court shall call the parties to a preliminary conference durinwhich a stipulation of facts may be entered into! or the propriety of allowin the accused toenter a plea of uilty to a lesser offense may be considered! or such other matters may be

ta#en up to clarify the issues and to ensure a speedy disposition of the case7owever! no admission by the accused shall be used aainst him unless reduced to writinand sined by the accused and his counsel.

  refusal or failure to stipulate shall not preudice the accused( "ection 1)

8. Procedure of &rial

 t the trial! the affidavits submitted by the parties shall constitute the direct testimonies of thewitnesses who eEecuted the same. @itnesses who testified may be subected to cross*eEamination! redirect or re*cross eEamination."hould the affiant fail to testify! his affidavit shall not be considered as competent evidence for the party presentin the affidavit! but the adverse party may utili8e the same for any admissiblepurpose. "ection 15)

. :. Arrest of Accused 

6he court shall not order the arrest of the accused eEcept for failure to appear whenever reDuired. Release of the person arrested shall either be on bail or on reconi8ance by aresponsible citi8en acceptable to the court( "ection 1,)

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I. :ud%ment

 @here a trial has been conducted! the court shall promulate the udment not later than thirty%0) days after the termination of trial( "ection 1')

CO&&ON PROISIONS . Prohiited Pleadin%s and ?otions

  a) 3otion to dismiss the complaint or to Duash the complaint or information eEcept on

the round of lac# of urisdiction over the subect matter! or failure to comply withthe precedin section Baranay Conciliation)b) 3otion for a bill of particulars+c) 3otion for new trial! or for reconsideration of a udment! or for reopenin of trial+d) etition for relief from udment+e) 3otion for eEtension of time to file pleadins! affidavits or any other paper+f) 3emoranda+) etition for certiorari! mandamus! or prohibition aainst any interlocutory orderissued by the court+h) 3otion to declare the defendant in default+() /ilatory motions for postponement+) Reply+#) 6hird party complaints+l) (nterventions. "ection 1&)

?. Appeal

6he udment or final order shall be appealable to the appropriate reional trial court whichshall decide the same in accordance with "ection 22 of Batas ambansa Bl. 12&. 6hedecision of the reional trial court in civil cases overned by this Rule! includin forcible entryand unlawful detainer! shall be immediately eEecutory! without preudice to a further appeal thatmay be ta#en therefrom "ection 21)

. IA&A+H-/A-/ PA?#A+A-/AG AW ;P.D. -o. 1*B +.A. 51B, asamended<

A. ases o(ered

General Rule 9 ursuant to the Revised Natarunan ambaranay aw! ALL disputes aresubect to Baranay Conciliation+ such prior recourse is a pre*condition before filin acomplaint in court or any overnment offices.

E-ceptions1. @here one party is the overnment or any subdivision or instrumentality thereof 

2. @here one party is a public officer or employee! and the dispute relates to theperformance of his official functions

3. Fffenses punishable by imprisonment eEceedin 1 year or a fine eEceedin 5!000.004. Fffenses where there is no private offended party e.. enocide)5. @here the dispute involves real properties located in different cities or municipalities

$4"" the parties thereto aree to submit their differences to amicable settlement byan appropriate lupon

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6. /isputes involvin parties who actually reside in &aranga!s of different cities or municipalities! :C6=

  a. @here such &aranga! units adoin each otherb. 6he parties thereto aree to submit their differences to amicable settlement by an

appropriate lupon7. /isputes where urent leal action is necessary to prevent inustice from bein

committed or further continued! specifically the followin=  a. Criminal cases where accused is under police custody or detention A"ec. 12 b) 1)!

  Revised Natarunan ambaranay aw  b. etitions for habeas corpus by a person illeally deprived of his rihtful custodyover

another or a person illeally deprived of or on actin in his behalf   c. ctions coupled with provisional remedies such as preliminary inunction!attachment!

delivery of personal property and support durin the pendency of the action  d. ctions which may be barred by the "tatute of imitations8. "uch other classes of disputes which the resident may determine in the interest of 

 ustice9. @here one of the parties is a uridical entity

10. @here the dispute arises from the Comprehensive rarian Reform aw CR) A"ecs.  , > '! R. .,,5'

  11. abor disputes or controversies arisin from employer*employee relations. rt. 22,!abor Code+ 3ontoya v. scayo! et. al. A1'1 "CR 2

12. ctions to annul udment upon a compromise which may be filed directly in court.

"anche8 v. 6upa8! A15- "CR 5&

#. Suject matter for amicale settlement

 t any time before trial! the court may! otu proprio, refer the case concerned to the luponfor amicable settlement non criminal cases not fallin within the authority of the latter+ or while the dispute is under mediation! conciliation! or arbitration! the prescriptive periods for offenses and cause of action under eEistin laws shall be interrupted upon filin of thecomplaint with the  punong &aranga! . "uch interruption shall not eEceed siEty ,0) daysfrom the time of the filin of the complaint with the punong &aranga! .

. Venue

1. /isputes between residents of the sa"e &aranga! shall be brouht for settlement beforelupon of said &aranga! 

2. Residents of different &aranga!s within the same city or municipality – in the &aranga! where the respondent or any of the respondents reside at the election of the complainant

3. /isputes involvin real property or any interest therein – where real property or larer portion thereof is situated

4. /isputes arisin at the wor#place where the contendin parties are employed or at theinstitution where such parties are enrolled for study – in the &aranga! where suchwor#place or institution located

D. When the Parties ?a$ Directl$ /o to ourt

1.  2. @here the person has otherwise been deprived of personal liberty callin for habeas

corpus proceedin3. @here the actions are coupled with provisional remedies such as preliminary inunction!

attachment! delivery of personal property! and support pendente lite

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4. @here the action may otherwise be barred by the statute of limitations5. abor disputes6.  ny class of dispute which the resident may determine in the interest of ustice or 

upon recommendation of the secretary of ;ustice7. CR disputes8. /isputes involvin the traditions of indienous cultural community9.  ctions to annul udment upon a compromise.

E. Execution

 t any stae of the proceedins! the parties may aree in writin to have the matter indispute decided by arbitration by either the upon Baranat or an#at. (n such casearbitrational hearins shall follow order of adudicative trials.

6. +epudiation

6he settlement and arbitration areement may be repudiated on the round that consent isvitiated by fraud! violence! or intimidation. "uch repudiation shall be sufficient basis for theissuance of the certification for filin a complaint in court or any overnment office for adudication.

C. +HE 6 P+EDH+E 6+ S?A A8?S ;A.?. -o. B'''S,ctoer 1, 2BB<

A. Scope and applicailit$ of the rule

Scope

6his Rule shall overn the procedure in actions before the 3etropolitan 6rial Courts!3unicipal 6rial Courts in Cities! 3unicipal 6rial Courts and 3unicipal Circuit 6rial Courts for payment of money where the value of the claim does not eEceed Fne 7undred 6housandesos 100!000.00) eEclusive of interest and costs.

Applicabilit)6he 3etropolitan 6rial Courts! 3unicipal 6rial Courts in Cities! 3unicipal 6rial Courts! and3unicipal Circuit 6rial Courts shall apply this Rule in all actions! which are=1. urely civil in nature! where the claim or relief prayed for by the plaintiff is solely for 

payment or reimbursement of sum of money2. 6he civil aspect of criminal actions! either filed before the institution of the criminal

action! or reserved upon the filin of the criminal action in court! pursuant to Rule 111 of the Revised Rules of Criminal rocedure

#. ommencement of small claims action response

"mall claims action is commenced by filin with the court an accomplished and verified"tatement of Claim 0(or 1**: in duplicate! accompanied by a Certification of 4on*forum "hoppin (or 1+, ** )! and two 2) duly certified photocopies of the actionabledocumentJs subect of the claim! as well as the affidavits of witnesses and other evidenceto support the claim.4o evidence shall be allowed durin the hearin which was not attached to or submittedtoether with the Claim! unless ood cause is shown for the admission of additionalevidence.

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$nder "ection 5! no formal pleadin! other than the "tatement of Claim described in thisRule! is necessary to initiate a small claims action.

6he defendant shall file with the court and serve on the plaintiff a duly accomplished andverified Response within a non*eEtendible period of ten 10) days from receipt of summons.6he Response shall be accompanied by certified photocopies of documents! as well asaffidavits of witnesses and other evidence in support thereof.

4o evidence shall be allowed durin the hearin which was not attached to or submittedtoether with the Response! unless ood cause is shown for the admission of additionalevidence.

 6he rounds for the dismissal of the claim! under Rule 1, of the Rules of Court! should bepleaded.

 "hould the defendant fail to file his Response within the reDuired period! and li#ewise fail toappear at the date set for hearin! the court shall render udment on the same day! as maybe warranted by the facts.

"hould the defendant fail to file his response within the reDuired period but appears at thedate set for hearin! the court shall ascertain what defense he has to offer and proceed tohear! mediate and adudicate the case on the same day as if a response has been filed.

. Prohiited pleadin%s and motions

!nder Section =15 t$e following pleadings5 "otions5 or petitions s$all not be allowedin t$e cases covered b) t$is Rule'1. 3otion to dismiss the complaint2. 3otion for a bill of particulars3. 3otion for new trial! or for reconsideration of a udment! or for reopenin of trial4. etition for relief from udment5. 3otion for eEtension of time to file pleadins! affidavits! or any other paper 6. 3emoranda7. etition for certiorari ! andaus! or prohibition aainst any interlocutory order issued

by the court8. 3otion to declare the defendant in default9. /ilatory motions for postponement10. Reply11. 6hird*party complaints12. (nterventions

D. Appearances

Attorne)s4o attorney shall appear in behalf of or represent a party at the hearin! unless the attorney isthe plaintiff or defendant.

(f the court determines that a party cannot properly present hisJher claim or defense andneeds assistance! the court may! in its discretion! allow another individual who is not anattorney to assist that party upon the latterHs consent.

Parties<ailure of the plaintiff to appear shall be cause for the dismissal of the claim without preudice.6he defendant who appears shall be entitled to udment on a permissive counterclaim.

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<ailure of the defendant to appear shall have the same effect as failure to file a Responseunder "ection 12 of this Rule! wherein the court! by itself! shall render udment as may bewarranted by the facts alleed in the "tatement of Claim limited to what is prayed for. 6heCourt! however! may! in its discretion! reduce the amount of damaes for bein eEcessive or unconscionable.

<ailure of both parties to appear shall cause the dismissal with preudice of both the claim andcounterclaim.

E. 7earin% Dut$ of the :ud%e

 t the hearin! the ude shall conduct ;udicial /ispute Resolution ;/R) throuh mediation!conciliation! early neutral evaluation! or any other mode of ;/R.

 ny settlement (or ** ) or resolution 0(or 8**: of the dispute shall be reducedinto writin! sined by the parties and submitted to the court for approval 0(or 1"**:"ection 21)

6. 6inalit$ of :ud%ment

 fter the hearin! the court shall render its decision on the same day! based on the factsestablished by the evidence <orm 1%*"CC).

6he decision shall immediately be entered by the Cler# of Court in the court doc#et for civilcases and a copy thereof forthwith served on the parties.

$nder "ection 2%! the decision shall be final and unappealable.

1B. +HES 6 P+EDH+E 6+ E-V8+-?E-&A ASES ;A.?. -o.BC'5''S, April 2C, 2B1B<

A. Scope and Applicailit$ of the +ule

6hese Rules shall overn the procedure in civil! criminal! and special civil actions before theReional 6rial Courts! 3etropolitan 6rial Courts! 3unicipal 6rial Courts in Cities! 3unicipal6rial Courts and 3unicipal Circuit 6rial Courts involvin enforcement or violations of environmental and other related laws! rules and reulations such as but not limited to thefollowin=

1.  ct 4o. %5'2! rohibition ainst Cuttin of 6indalo! #li! and 3olave 6rees2. ./. 4o. '05! Revised <orestry Code3. ./. 4o. -5,! "anitation Code4. ./. 4o. &'&! 3arine ollution /ecree5.  ./. 4o. 10,'! @ater Code6. ./. 4o. 1151! hilippine nvironmental olicy of 1&''

7. ./. 4o. 1%%! lant Muarantine aw of 1&'-8. ./. 4o. 15-,! stablishin an nvironmental (mpact "tatement "ystem (ncludin Fther 

nvironmental 3anaement Related 3easures and for Fther urposes9. R.. 4o. %5'1! rohibition ainst the Cuttin! /estroyin or (nurin of lanted or 

Growin 6rees!<lowerin lants and "hrubs or lants of "cenic 9alue  alon ublicRoads! in la8as! ar#s! "chool remises or  in any Fther ublic Ground

10. R.. 4o. -50! auna a#e /evelopment uthority ct11. R.. 4o. ,&,&! 6oEic "ubstances and 7a8ardous @aste ct

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12. R.. 4o. '0',! eopleHs "mall*"cale 3inin ct13. R.. 4o. '5-,! 4ational (nterated rotected reas "ystem ct includin all laws!

decrees! orders! proclamations and issuances establishin protected areas14. R.. 4o. ',11! "trateic nvironmental lan for alawan ct15. R.. 4o. '&2! hilippine 3inin ct+16. R.. 4o. -%'1! (ndienous eoples Rihts ct17. R.. 4o. -550! hilippine <isheries Code18. R.. 4o. -'&! Clean ir ct19. R.. 4o. &00%! coloical "olid @aste 3anaement ct20. R.. 4o. &0'2! 4ational Caves and Cave Resource 3anaement ct21. R.. 4o. &1'! @ildlife Conservation and rotection ct

  22. R.. 4o. &1'5! Chainsaw ct  2%. R.. 4o. &2'5! Clean @ater ct  2. R.. 4o. &-%! Fil "pill Compensation ct of 200'  25. rovisions in C.. 4o. 11! 6he ublic and ct+ R..4o. ,,5'! Comprehensive rarian

Reform aw of 1&--+ R.. 4o. '1,0! ocal Government Code of 1&&1+ R.. 4o. '1,1!6aE aws (ncorporated in the Revised <orestry Code and Fther nvironmental awsmendin the 4(RC)+ R.. 4o. '%0-! "eed (ndustry /evelopment ct of 1&&2+ R.. 4o.'&00! 7ih*9alue Crops /evelopment ct+ R.. 4o. -0-! Coconut reservation ct+R.. 4o. -%5! riculture and <isheries 3oderni8ation ct of 1&&'+ R.. 4o. &522! 6hehilippine rchipelaic Baselines aw+ R.. 4o. &5&%! Renewable nery ct of 200-+R.. 4o. &,%'! hilippine Biofuels ct+ and other eEistin laws that relate to theconservation! development! preservation! protection and utili8ation of the environmentand natural resources.

#. i(il Procedure

1. Prohiition a%ainst temporar$ restrainin% order and preliminar$  injunction

Ecept the "upreme Court! no court can issue a 6RF or writ of preliminary inunctionaainst lawful actions of overnment aencies that enforce environmental laws or prevent violations thereof.

2. Pre'trial conference consent decree

6he parties and their counsels shall remain under oath in all pre*trial conferences.

;ude to persuade the parties to arrive at a settlement of the dispute+ former may issuea consent decree approvin the areement between the parties in accordance with law!morals! public order and public policy to protect the riht of the people to a balancedand healthful ecoloy.

vidence not presented durin the pre*trial! eEcept newly discovered evidence! shall bedeemed waived.

3. Prohiited pleadin%s and motions

1. 3otion to dismiss2. 3otion for eEtension of time to file return3. 3otion for postponement4. 3otion for a bill of particulars+5. Counterclaim or cross*claim6. 6hird*party complaint7.  Reply

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8. 3otion to declare respondent in default

!. &emporar$ en(ironmental protection order ;&EP<

a2 Issuance

(f it appears from the verified complaint with a prayer for the issuance of annvironmental rotection Frder F) that the matter is of eEtreme urency and theapplicant will suffer rave inustice and irreparable inury! the eEecutive ude of themultiplesala court before raffle or the presidin ude of a sinle*sala court as the case

may be! may issue e@ parte a 6F effective for only seventy*two '2) hours from dateof the receipt of the 6F by the party or person enoined. @ithin said period! the courtwhere the case is assined! shall conduct a summary hearin to determine whether the6F may be eEtended until the termination of the case.

6he court where the case is assined! shall periodically monitor the eEistence of actsthat are the subect matter of the 6F even if issued by the eEecutive ude! and maylift the same at any time as circumstances may warrant.

6he applicant shall be eEempted from the postin of a bond for the issuance of a6F.

b2 Dissolution

6he rounds for motion to dissolve a 6F shall be supported by affidavits of the partyor person enoined which the applicant may oppose! also by affidavits.

6he 6F may be dissolved if it appears after hearin that its issuance or continuancewould cause irreparable damae to the party or person enoined while the applicantmay be fully compensated for such damaes as he may suffer and subect to thepostin of a sufficient bond by the party or person enoined.

*. :ud%ment and execution reliefs in a citi@enJs suit

a2 Reliefs in a CitiMen Suit

(f warranted! the court may rant to the plaintiff proper reliefs which shall include theprotection! preservation or rehabilitation of the environment and the payment of attorneyHs fees! costs of suit and other litiation eEpenses.(t may also reDuire the violator to submit a proram of rehabilitation or restoration of theenvironment! the costs of which shall be borne by the violator! or to contribute to aspecial trust fund for that purpose subect to the control of the court.

b2 /udg"ent Not Sta)ed b) Appeal

 ny udment directin the performance of acts for the protection! preservation or rehabilitation of the environment shall be eEecutory pendin appeal unless restrainedby the appellate court.

5. Permanent en(ironmental protection order "rit of continuin%mandamus

(n the udment! the court may convert the 6F to a permanent F or issue a writ of continuin andaus directin the performance of acts which shall be effective untilthe udment is fully satisfied.

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6he court may! by itself or throuh the appropriate overnment aency! monitor theeEecution of the udment and reDuire the party concerned to submit written reports ona Duarterly basis or sooner as may be necessary! detailin the proress of theeEecution a satisfaction of the udment.

6he other party may! at its option! submit its comments or observations on theeEecution of the udment.

. Strate%ic la"suit a%ainst pulic participation

  leal action filed to harass! veE! eEert undue pressure or stifle any leal recourse thatany person! institution or the overnment has ta#en or may ta#e in the enforcement of environmental laws! protection of the environment or assertion of environmental rihtsshall be treated as a " and shall be overned by these Rules.

. Special Proceedin%s

1. Writ of IaliFasan

  a2 Nature of t$e .rit

6he writ is a remedy available to a natural or uridical person! entity authori8ed by law!peopleHs orani8ation! non*overnmental orani8ation! or any public interest roupaccredited by or reistered with any overnment aency! on behalf of persons whoseconstitutional riht to a balanced and healthful ecoloy is violated! or threatened withviolation by an unlawful act or omission of a public official or employee! or privateindividual or entity! involvin environmental damae of such manitude as to preudicethe life! health or property of inhabitants in two or more cities or provinces.

  b2 Contents of t$e erified Petition

1. 6he personal circumstances of the petitioner 

2. 6he name and personal circumstances of the respondent or if the name and personalcircumstances are un#nown and uncertain! the respondent may be described by anassumed appellation

3. 6he environmental law! rule or reulation violated or threatened to be violated! the actor omission complained of! and the environmental damae of such manitude as topreudice the life! health or property of inhabitants in two or more cities or provinces

4.  ll relevant and material evidence consistin of the affidavits of witnesses!documentary evidence! scientific or other eEpert studies! and if possible! obectevidence

5. 6he certification of petitioner under oath that=a) etitioner has not commenced any action or filed any claim involvin the sameissues in any court! tribunal or Duasi*udicial aency! and no such other action or claim

is pendin thereinb) (f there is such other pendin action or claim! a complete statement of its presentstatus+ %) if petitioner should learn that the same or similar action or claim has beenfiled or is pendin! petitioner shall report to the court that fact within five 5) daystherefrom+ and

6. 6he reliefs prayed for which may include a prayer for the issuance of a 6F.

c2 .$ere to %ile

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6he petition shall be filed with the "upreme Court or with any of the stations of theCourt of ppeals.

d2 No Doc:et %ees

6he petitioner shall be eEempt from the payment of doc#et fees.

e2 Issuance of t$e .rit

@ithin three %) days from the date of filin of the petition! if the petition is sufficient inform and substance! the court shall ive an order issuin the writ

 nd reDuirin the respondent to file a verified return as provided in "ection - of thisRule.

6he cler# of court shall forthwith issue the writ under the seal of the court includin theissuance of a cease and desist order and other temporary reliefs effective until further order.

f2 +ow t$e .rit is Served

6he writ shall be served upon the respondent by a court officer or any person deputi8edby the court! who shall retain a copy on which to ma#e a return of service.

(n case the writ cannot be served personally! the rule on substituted service shall apply.

2. Prohiited pleadin%s and motions

1. 3otion to dismiss2. 3otion for eEtension of time to file return3. 3otion for postponement4. 3otion for a bill of particulars5. Counterclaim or cross*claim6. 6hird*party complaint7. Reply8. 3otion to declare respondent in default

3. Disco(er$ ?easures

A Part) &a) %ile A erified &otion %or t$e %ollowing Reliefs=1. 3cular $nspection order U 6he motion must show that an ocular inspection order is

necessary to establish the manitude of the violation or the threat as to preudice the life!health or property of inhabitants in two or more cities or provinces. (t shall state in detail theplace or places to be inspected. (t shall be supported by affidavits of witnesses havinpersonal #nowlede of the violation or threatened violation of environmental law. fter hearin! the court may order any person in possession or control of a desinated land or other property to permit entry for the purpose of inspectin or photoraphin the property or any relevant obect or operation thereon. 6he order shall specify the person or personsauthori8ed to ma#e the inspection and the date! time! place and manner of ma#in theinspection and may prescribe other conditions to protect the constitutional rihts of allparties.

2. roduction or inspection of docuents or t%ings order – 6he motion must show that aproduction order is necessary to establish the manitude of the violation or the threat as topreudice the life! health or property of inhabitants in two or more cities or provinces. fter 

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hearin! the court may order any person in possession! custody or control of any desinateddocuments! papers! boo#s! accounts! letters! photoraphs! obects or tanible thins! or obects in diiti8ed or electronic form! which constitute or contain evidence relevant to thepetition or the return! to produce and permit their inspection! copyin or photoraphin by or on behalf of the movant. 6he production order shall specify the person or persons authori8edto ma#e the production and the date! time! place and manner of ma#in the inspection or production and may prescribe other conditions to protect the constitutional rihts of allparties.

*** WRIT OF KALIKASAN

 .$at is t$e .rit of :ali4asan

(t is a special remedy available to a natural or uridical person! entity authori8ed by law!peopleHs orani8ation! non*overnmental orani8ation! or any public interest roup accreditedby or reistered with any overnment aency! on behalf of persons whose constitutional rihtto a balanced and healthful ecoloy is violated! or threatened with violation by an unlawful actor omission of a public official or employee! or private individual or entity! involvinenvironmental damae of such manitude as to preudice the life! health or property of inhabitants in two or more cities or provinces 0ec. 1, Rule , +.M. No. 968*:.

.$o "a) avail of t$e writ

6he petition can be filed by the followin=a.   natural or uridical person+&. ntity authori8ed by law+ or c. Fs! 4GFs or any public interest roup accredited by or reistered with any

overnment aency on behalf of persons whose constitutional riht to a balanced andhealthful ecoloy is violated 0ec. 1, Rule ,  +.M. No. 968* :.

.$ere s$ould t$e petition be filed "upreme Court or Court of ppeals ec. #, Rule  ! +.M. No. 968* :.

.$at is t$e "agnitude of environ"ental da"age in a writ of :ali:asan

  (t must be of environmental damae of such manitude as to preudice the life! health or property of inhabitants in two or more cities or provinces 0ec. 1, Rule ,  +.M..No. 968*:.

Is t$e petitioner reBuired to pa) doc:et fees

4o! the petitioner is eEempt from payment of doc#et fees ec. <, Rule ,  +.M. No. 968* ).

6he eEemption encouraes the public to avail of the remedy. 

.it$in w$at ti"e s$ould t$e issuance of t$e writ be "ade

@ithin three %) days from the date of filin of the petition! if the petition is sufficient in form andsubstance! the court shall ive an order= a) issuin the writ+ and b) reDuirin the respondentto file a verified return as provided in "ection - of Rule - ec. ;, Rule ,  +.M. No. 968* 

.$at s$all t$e return contain

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 @ithin a non*eEtendible period of ten 10) days after service of the writ! the respondent shallfile a verified return which shall contain all defenses to show that respondent did not

a. violate orb. threaten to violate! orc. allow the violation of any environmental law! rule or reulation ord. commit any act

resultin to environmental damae of such manitude as to preudice the life! health orproperty of inhabitants in two or more cities or provinces.

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

6he return shall include affidavits of witnesses! documentary evidence! scientific or othereEpert studies! and if possible! obect evidence! in support of the defense of the respondent.

  eneral denial of alleations in the petition shall be considered as an admission thereof.ec. 8 ! Rule ,  +.M .No. 968* ).

.$at are t$e pro$ibited pleadings and "otions

1. 3otion to dismiss+2. 3otion for eEtension of time to file return+3.

3otion for postponement+4. 3otion for a bill of particulars+5. Counterclaim or cross*claim+6. 6hird*party complaint+7. Reply+ and8. 3otion to declare respondent in default 0ec. 9, Rule ,  +.M. No. 968*:.

 .$at are t$e interi" reliefs available to t$e petitioner upon filing a verified "otion

1. Fcular inspection+ or ". roduction or inspection of documents or thins 0ec. 1", Rule ,  +.M. No. 968*:.

 .$at are t$e reBuisites for granting an ocular inspection

 6he motion must show=1. that an ocular inspection order is necessary to establish the manitude of the violation

or the threat as to preudice the life! health or property of inhabitants in two or morecities or provinces+

2. it shall state in detail the place or places to be inspected+ and3. (t shall be supported by affidavits of witnesses havin personal #nowlede of the

violation or threatened violation of environmental law Aec. 1"0a:, Rule ,  +.M. No. 968*.

.$at does t$e ocular inspection order contain

6he order shall specify the person or persons authori8ed to ma#e the inspection and the date!time! place and manner of ma#in the inspection and may prescribe other conditions to protectthe constitutional rihts of all parties ec. 1"0a:, Rule ,  +.M. No. 968*:

.$at "ust t$e "otion as:ing for t$e issuance of a production order or inspection of docu"ents

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 6he motion must show that a production order is necessary to establish the manitude of theviolation or the threat as to preudice the life! health or property of inhabitants in two or morecities or provinces Aec. 1"0&:, Rule ,  +.M. No. 968* .

 .$at "ust t$e production order state

6he production order shall specify the person or persons authori8ed to ma#e the productionand the date! time! place and manner of ma#in the inspection or production and mayprescribe other conditions to protect the constitutional rihts of all parties ec. 1"0&:, Rule ,

 +.M. No. 968* ).

Note= fter hearin! the court may order any person in possession! custody or control of anydesinated documents! papers! boo#s! accounts! letters! photoraphs! obects or taniblethins! or obects in diiti8ed or electronic form! which constitute or contain evidence relevantto the petition or the return! to produce and permit their inspection! copyin or photoraphinby or on behalf of the movant ec. 1"0&:, Rule ,  +.M. No. 968*.

On w$at grounds "a) a respondent be cited for conte"pt

6he court may after hearin punish the respondent who refuses or unduly delays the filin of areturn! or who ma#es a false return! or any person who disobeys or resists a lawful process or order of the court for indirect contempt under Rule '1 of the Rules of Court ec. 1#, Rule ,

 +.M. No. 968* ).Note' 6his section is similar to "ec. 1, of the Rule on the @rit of mparo.

.$en s$ould t$e court render 4udg"ent

@ithin siEty ,0) days from the time the petition is submitted for decision! the court shall render  udment rantin or denyin the privilee of the writ of #ali#asan.0ec. 1;, Rule , $&id.:

.$at reliefs "a) be granted under t$e writ

 a) /irectin respondent to permanently cease and desist from committin acts ornelectin the performance of a duty in violation of environmental laws resultin in

environmental destruction or damae+

b) /irectin the respondent public official! overnment aency! private person or entityto protect! preserve! rehabilitate or restore the environment+

c) /irectin the respondent public official! overnment aency! private person or entityto monitor strict compliance with the decision and orders of the court+

d) /irectin the respondent public official! overnment aency! or private person orentity to ma#e periodic reports on the eEecution of the final udment+ and

e) "uch other reliefs which relate to the riht of the people to a balanced and healthful

ecoloy or to the protection! preservation! rehabilitation or restoration of theenvironment! eEcept the award of damaes to individual petitioners. .0ec. 1;, Rule ,$&id.:

.$at is t$e period to appeal fro" t$e 4udg"ent

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 @ithin fifteen 15) days from the date of notice of the adverse udment or denial of motion forreconsideration! any party may appeal to the "upreme Court under Rule 5 of the Rules ofCourt. 6he appeal may raise Duestions of fact. 0ec. 16, Rule , $&id.:

&a) separate actions be filed after t$e filing of a petition for issuance of writ of:ali:asan

6he filin of a petition for the issuance of the writ of #ali#asan shall not preclude the filin ofseparate civil! criminal or administrative actions.ec. 1, Rule . $&id.:

*************************************************************************************

!. Writ of ontinuin% ?andamus

a2 Petition

@hen any aency or instrumentality of the overnment or officer thereof unlawfullynelects the performance of an act which the law specifically enoins as a duty resultinfrom an office! trust or station in connection with the enforcement or violation of anenvironmental law rule or reulation or a riht therein! or unlawfully eEcludes another fromthe use or enoyment of such riht and there is no other plain! speedy and adeDuateremedy in the ordinary course of law! the person arieved thereby may file a verifiedpetition in the proper court! allein the facts with certainty! attachin thereto supportin

evidence! specifyin that the petition concerns an environmental law! rule or reulation!and prayin that udment be rendered commandin the respondent to do an act or seriesof acts until the udment is fully satisfied! and to pay damaes sustained by the petitioner by reason of the malicious nelect to perform the duties of the respondent! under the law!rules or reulations. 6he petition shall also contain a sworn certification of non*forumshoppin.

b2 .$ere to %ile

6he petition shall be filed with the Reional 6rial Court eEercisin urisdiction over theterritory where the actionable nelect or omission occurred or with the Court of ppeals or the "upreme Court.

c2 No Doc:et %ees

6he petitioner shall be eEempt from the payment of doc#et fees.

d2 Order to Co""ent

(f the petition is sufficient in form and substance! the court shall issue the writ and reDuirethe respondent to comment on the petition within ten 10) days from receipt of a copythereof. "uch order shall be served on the respondents in such manner as the court maydirect! toether with a copy of the petition and any anneEes there

D. riminal Procedure

1. Who ma$ 4le

 ny offended party! peace officer or any public officer chared with the enforcement of anenvironmental law may file a complaint before the proper officer in accordance with theRules of Court.

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2. 8nstitution of criminal and ci(il action

@hen a criminal action is instituted! the civil action for the recovery of civil liability arisinfrom the offense chared! shall be deemed instituted with the criminal action unless thecomplainant waives the civil action! reserves the riht to institute it separately or institutesthe civil action prior to the criminal action.

$nless the civil action has been instituted prior to the criminal action! the reservation of theriht to institute separately the civil action shall be made durin arrainment.

(n case civil liability is imposed or damaes are awarded! the filin and other leal feesshall be imposed on said award in accordance with Rule 11 of the Rules of Court! and thefees shall constitute a first lien on the udment award.

6he damaes awarded in cases where there is no private offended party! less the filinfees! shall accrue to the funds of the aency chared with the implementation of theenvironmental law violated.6he award shall be used for the restoration and rehabilitation of the environment adverselyaffected.

3. Arrest "ithout "arrant, "hen (alid

  peace officer or an individual deputi8ed by the proper overnment aency may! without awarrant! arrest a person=1. @hen! in his presence! the person to be arrested has committed! is actually committin

or is attemptin to commit an offense2. @hen an offense has ust been committed! and he has probable cause to believe

based on personal #nowlede of facts or circumstances that the person to be arrestedhas committed it.

(ndividuals deputi8ed by the proper overnment aency who are enforcin environmentallaws shall enoy the presumption of reularity under "ection %m)! Rule 1%1 of the Rules of Court when effectin arrests for violations of environmental laws.

!. Procedure in the custod$ and disposition of sei@ed items

a2 Custod) and Disposition of SeiMed Ite"s

6he custody and disposition of sei8ed items shall be in accordance with the applicable lawsor rules promulated by the concerned overnment aency.

b2 Procedure

(n the absence of applicable laws or rules promulated by the concerned overnmentaency! the followin procedure shall be observed=1. 6he apprehendin officer havin initial custody and control of the sei8ed items!

eDuipment! paraphernalia! conveyances and instruments shall physically inventory andwhenever practicable! photoraph the same in the presence of the person from whomsuch items were sei8ed.

2. 6hereafter! the apprehendin officer shall submit to the issuin court the return of thesearch warrant within five 5) days from date of sei8ure or in case of warrantless arrest!submit within five 5) days from date of sei8ure! the inventory report! compliance report!photoraphs! representative samples and other pertinent documents to the publicprosecutor for appropriate action.

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3. $pon motion by any interested party! the court may direct the auction sale of sei8editems! eDuipment! paraphernalia! tools or instruments of the crime. 6he court shall! after hearin! fiE the minimum bid price based on the recommendation of the concernedovernment aency. 6he sheriff shall conduct the auction.

4. 6he auction sale shall be with notice to the accused! the person from whom the itemswere sei8ed! or the owner thereof and the concerned overnment aency.

5. 6he notice of auction shall be posted in three conspicuous places in the city or municipality where the items! eDuipment! paraphernalia! tools or instruments of thecrime were sei8ed.

6. 6he proceeds shall be held in trust and deposited with the overnment depository ban#for disposition accordin to the udment.

*. #ail

a2 .$ere %iled

Bail in the amount fiEed may be filed with the court where the case is pendin! or in theabsence or unavailability of the ude thereof! with any reional trial ude! metropolitantrial ude! municipal trial ude or municipal circuit trial ude in the province! city or municipality.

(f the accused is arrested in a province! city or municipality other than where the case ispendin! bail may also be filed with any Reional 6rial Court of said place! or if no udethereof is available! with any metropolitan trial ude! municipal trial ude or municipalcircuit trial ude therein.

(f the court rants bail! the court may issue a hold*departure order in appropriate cases.

a2 Duties of t$e Court

 Before rantin the application for bail! the ude must read the information in a lanuae#nown to and understood by the accused and reDuire the accused to sin a writtenunderta#in! as follows=1. 6o appear before the court that issued the warrant of arrest for arrainment purposes

on the date scheduled! and if the accused fails to appear without ustification on thedate of arrainment! accused waives the readin of the information and authori8es thecourt to enter a plea of not uilty on behalf of the accused and to set the case for trial

2. 6o appear whenever reDuired by the court where the case is pendin3. 6o waive the riht of the accused to be present at the trial! and upon failure of the

accused to appear without ustification and despite due notice! the trial may proceed ina&sentia.

5. Arrai%nment and plea

a2 Arraign"ent

6he court shall set the arrainment of the accused within fifteen 15) days from the time itacDuires urisdiction over the accused! with notice to the public prosecutor and offendedparty or concerned overnment aency that it will entertain plea*barainin on the date of the arrainment.

b2 Plea 8argaining

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Fn the scheduled date of arrainment! the court shall consider plea*baraininarranements.@here the prosecution and offended party or concerned overnment aency aree to theplea offered by the accused! the court shall=1. (ssue an order which contains the plea*barainin arrived at2. roceed to receive evidence on the civil aspect of the case! if any3. Render and promulate udment of conviction! includin the civil liability for damaes

. Pre'trial

a2 Setting of Pre,*rial Conference

 fter the arrainment! the court shall set the pre*trial conference within thirty %0) days. (tmay refer the case to the branch cler# of court! if warranted! for a preliminary conference tobe set at least three %) days prior to the pre*trial.

b2 &anner of 6uestioning

 ll Duestions or statements must be directed to the court.

c2 Agree"ents or Ad"issions

 ll areements or admissions made or entered durin the pre*trial conference shall bereduced in writin and sined by the accused and counsel+ otherwise! they cannot be usedaainst the accused. 6he areements coverin the matters referred to in "ection 1! Rule11- of the Rules of Court shall be approved by the court.

d2 Record of Proceedings

 ll proceedins durin the pre*trial shall be recorded! the transcripts prepared and theminutes sined by the parties or their counsels.

e2 Pre,*rial Order 

6he court shall issue a pre*trial order within ten 10) days after the termination of the pre*trial! settin forth the actions ta#en durin the pre*trial conference! the facts stipulated! theadmissions made! evidence mar#ed! the number of witnesses to be presented and theschedule of trial. 6he order shall bind the parties and control the course of action durin thetrial.

. Susidiar$ liailities

(n case of conviction of the accused and subsidiary liability is allowed by law! the court may!by motion of the person entitled to recover under udment! enforce such subsidiary liabilityaainst a person or corporation subsidiarily liable under rticle 102 and rticle 10% of theRevised enal Code.

E. E(idence 1. Precautionar$ principle

a2 Applicabilit)

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@hen there is a lac# of full scientific certainty in establishin a causal lin# between humanactivity and environmental effect! the court shall apply the precautionary principle inresolvin the case before it.6he constitutional riht of the people to a balanced and healthful ecoloy shall be iven thebenefit of the doubt.

b2 Standards for Application

  (n applyin the precautionary principle! the followin factors! amon others! may beconsidered=1. threats to human life or health2. ineDuity to present or future enerations3. preudice to the environment without leal consideration of the environmental rihts of 

those affected.

2. Documentar$ e(idence

a2 P$otograp$ic5 ideo and Si"ilar Evidence

hotoraphs! videos and similar evidence of events! acts! transactions of wildlife! wildlife by*products or derivatives! forest products or mineral resources subect of a case shall beadmissible when authenticated by the person who too# the same! by some other personpresent when said evidence was ta#en! or by any other person competent to testify on theaccuracy thereof.

b2 Entries in Official Records

ntries in official records made in the performance of his duty by a public officer of thehilippines! or by a person in performance of a duty specially enoined by law! are  priafacie evidence of the facts therein stated.

11. :HD88A A668DAV8& +HE ;A.?. -o. 12'''S<

*OPIC !NDER *+E S3LLA8!S/udicial Affidavit Rule 0A(&( No( =>,H,H,SC2=( Scope and w$ere applicable>( Contents and Procedure?( Application to cri"inal actions1( Effect of non,co"pliance( Effect on ot$er rules

1. SCOPE AND .+ERE APPLICA8LE5Section 16

6his Rule shall apply to all actions! proceedins! and incidents reDuirin the reception of 

evidence before=

1. 6he 3etropolitan 6rial Courts! the 3unicipal 6rial Courts in Cities! the 3unicipal 6rialCourts! the 3unicipal Circuit 6rial Courts! and the "hari a Circuit Courts but shall not applyto small claims cases under .3. 0-*-*'*"C+

2. 6he Reional 6rial Courts and the "haria /istrict Courts+%. ppellate Courts+. 6he investiatin officers and bodies authori8ed by the "upreme Court to receive

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evidence! includin the (nterated Bar of the hilippine (B)+ and

5. 6he special courts and Duasi*udicial bodies! whose rules of procedure are subect todisapproval of the "upreme Court! insofar as their eEistin rules of procedure contravene

the provisions of this Rule.

=( CON*EN*S AND PROCED!RE

Contents5Section 36  udicial affidavit shall be prepared in the lanuae #nown to the witness and! if not in nlishor <ilipino! accompanied by a translation in nlish or <ilipino! and shall contain the followin=

a) 6he name! ae! residence or business address! and occupation of the witness+b) 6he name and address of the lawyer who conducts or supervises the eEamination of the

witness and the place where the eEamination is bein held+c) statement that the witness is answerin the Duestions as#ed of him! fully conscious that

he does so under oath! and that he may face criminal liability for false testimony or perury+d) Muestions as#ed of the witness and his correspondin answers! consecutively numbered!

that=1) "how the circumstances under which the witness acDuired the facts upon which he

testifies+2) licit from him those facts which are relevant to the issues that the case presents+

and%) (dentify the attached documentary and obect evidence and establish their 

authenticity in accordance with the Rules of Court.

e) 6he sinature of the witness over his printed name+ andf) urat with the sinature of the notary public who administers the oath or an officer who is

authori8ed by law to administer the same.

Sworn attestation of t$e law)er 5Section )66he udicial affidavit shall contain a sworn attestation at the end! eEecuted by the lawyer whoconducted or supervised the eEamination of the witness! to the effect that=

1. 7e faithfully recorded or caused to be recorded the Duestions he as#ed and thecorrespondin answers that the witness ave+ and

2. 4either he nor any other person then present or assistin him coached the witnessreardin the latters answers.

PROCED!RE

.+A* &!S* 8E %ILED AND SERED6he parties shall file with the court and serve on the adverse party! personally or by licensedcourier service! not later than five days before pre*trial or preliminary conference or thescheduled hearin with respect to motions and incidents! the followin=516 6he 4udicial affidavits of their witnesses! which shall ta#e the place of such witnesses

direct testimonies+ and526 6he parties docu"entar) or ob4ect evidence! if any! which shall be attached to the

 udicial affidavits and mar#ed as Ehibits ! B! C! and so on in the case of the complainantor the plaintiff! and as Ehibits 1! 2! %! and so on in the case of the respondent or thedefendant. 5Section 25a6* ;udicial Affidavit Rule6

.+EN /!DICIAL A%%IDAI*S AND DOC!&EN*AR3O8/EC* EIDENCE %ILED< &ODESO% SERICE6he parties shall file with the court and serve on the adverse party! personall) or b) licensedcourier service! not later than five da)s before pre*trial or preliminary conference or the

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scheduled hearin with respect to motions and incidents. 5Section 25a6* ;udicial Affidavit Rule6

%ILING AND SERICE IN CRI&INAL CASES6he prosecution shall submit the udicial affidavits of its witnesses not later than five da)sbefore the pre*trial! servin copies if the same upon the accused. 6he complainant or publicprosecutor shall attach to the affidavits such documentary or obect evidence as he may have!mar#in them as Ehibits ! B! C! and so on. 4o further udicial affidavit! documentary! or obect evidence shall be admitted at the trial.

(f the accused desires to be heard on his defense after receipt of the udicial affidavits of theprosecution! he shall have the option to submit his udicial affidavit as well as those of hiswitnesses to the court within ten da)s from receipt of such affidavits and serve a copy of eachon the public and private prosecutor! includin his documentary and obect evidence previouslymar#ed as Ehibits 1! 2! %! and so on. 6hese affidavits shall serve as direct testimonies of theaccused and his witnesses when they appear before the court to testify. 0Section F0b and c25/udicial Affidavit Rule2

S!8POENA(f the overnment employee or official! or the reDuested witness! who is neither the witness of the adverse party nor a hostile witness! unustifiably declines to eEecute a udicial affidavit or refuses without ust cause to ma#e the relevant boo#s! documents! or other thins under hiscontrol available for copyin! authentication! and eventual production in court!the reDuestinparty may avail himself of the issuance of a subpoena ad testificandum or ducestecum under Rule >= of the Rules of Court. 6he rules overnin the issuance of a subpoenato the witness in this case shall be the same as when ta#in his deposition eEcept that theta#in of a udicial affidavit shal1 be understood to be e@ parte. 5Section -* ;udicial Affidavit Rule6

+O. O%%ER O% *ES*I&ON3 IN /!DICIAL A%%IDAI* &ADE6he party presentin the udicial affidavit of his witness in place of direct testimony shall statethe purpose of such testimony at the start of the presentation of the witness. 5Section *;udicial Affidavit Rule6

GRO!NDS ON .+IC+ *+E ADERSE PAR*3 &A3 O8/EC* *O *+E *ES*I&ON3 GIEN6he adverse party may move to disDualify the witness or to stri#e out his affidavit or any of theanswers found in it on round of inadmissibility. 6he court shall promptly rule on the motionand! if ranted! shall cause the mar#in of any eEcluded answer by placin it in brac#ets under the initials of an authori8ed court personnel! without preudice to a tender of eEcluded evidenceunder "ection 0 of Rule 1%2 of the Rules of Court. 5Section * ;udicial Affidavit Rule6

CROSS,E7A&INA*ION AND RE,DIREC* E7A&INA*ION O% *+E .I*NESS IN +IS/!DICIAL A%%IDAI*6he adverse party shall have the riht to cross*eEamine the witness on his udicial affidavit andon the eEhibits attached to the same. 6he party who presents the witness may also eEaminehim as on re*direct. (n every case! the court shall ta#e active part in eEaminin the witness todetermine his credibility as well as the truth of his testimony and to elicit the answers that itneeds for resolvin the issues.5Section 7* ;udicial Affidavit Rule6

PROCED!RE %OR ORAL O%%ER O% AND O8/EC*IONS *O E7+I8I*S5a6 $pon the termination of the testimony of his last witness! a party shall immediately ma#e

an oral offer of evidence of his documentary or obect eEhibits! piece by piece! in their chronoloical order! statin the purpose or purposes for which he offers the particular eEhibit.

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5b6 fter each piece of eEhibit is offered! the adverse party shall state the leal round for hisobection! if any! to its admission! and the court shall immediately ma#e its rulin respectinthat eEhibit.

5c6 "ince the documentary or obect eEhibits form part of the udicial affidavits that describeand authenticate them! it is sufficient that such eEhibits are simply cited by their mar#insdurin the offers! the obections! and the rulins! dispensin with the description of eacheEhibit. 5Section * ;udicial Affidavit Rule6

3. APPLICA*ION *O CRI&INAL AC*IONS 5Section 06

6he udicial affidavit can be used in criminal cases only  in the followin cases=

1) @here the maEimum of the imposable penalty does not eEceed siE years+

2) @here the accused arees to the use of udicial affidavits! irrespective of the penaltyinvolved+ or 

%) @ith respect to the civil aspect of the actions! whatever the penalties involved are.

). E%%EC* O% NON,CO&PLIANCE5Section 16

*$e effects are'

a) party who fails to submit the reDuired udicial affidavits and eEhibits on time shall bedeemed to have waived t$eir sub"ission. 6he court may! however! allow only once thelate submission of the same provided! the delay is for a valid reason! would not undulypreudice the opposin party! and the defaultin party pa)s a fine of not lesst$an P =5( nor "ore t$an P 5( at the discretion of the court.

b) 6he court s$all not consider   the affidavit of any witness who fails to appear at thescheduled hearin of the case as reDuired. Counsel who fails to appear without valid causedespite notice shall be deemed to have waived $is clients rig$t to confront b) cross,e-a"ination the witnesses there present.

c) 6he court shall not ad"it as evidence udicial affidavits that do not conform to the contentreDuirements of "ection % and the attestation reDuirement of "ection above. 6he courtmay! however! allow only once the subseDuent submission of the compliant replacement

affidavits before the hearin or trial provided the delay is for a valid reason and would notunduly preudice the opposin party and provided further! that public or private counselresponsible for their preparation and submission pays a fine of not less t$an P =5(nor "ore t$an P 5(! at the discretion of the court.

-. E%%EC* ON O*+ER R!LES 5Section 1166he provisions of the Rules of Court and the rules of procedure overnin investiatin officersand bodies authori8ed by the "upreme Court to receive evidence are repealed or modifiedinsofar as these are inconsistent with the provisions of this Rule.6he rules of procedure overnin 7uasi=udicial  bodies inconsistent herewith are herebydisapproved.

12. EFFICIENT USE OF PAPER RULE (A.M. No. 11-9-4-SC)

*OPIC !NDER *+E S3LLA8!SEfficient !se of Paper Rule 0A(&( No( ==,F,1,SC2

Note'lease ta-e note t%at t%e relevant Rules of *ourt provisions stating t%e nu&er of copiesre7uired to &e filed %ave &een c%anged. 4%e fficient 2se of aper Rule is no? follo?ed.

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*I*LE O% *+E R!LE5Section 16

fficient $se of aper Rule.

APPLICA8ILI*35Section 26

 ll courts and Duasi*udicial bodies under the administrative supervision of the "upreme Court.

%OR&A* AND S*3LE5Section 36a. ll pleadins! motions! and similar papers intended for the court and Duasi*udicial bodys

consideration and action court*bound papers) shall be written in sinle space with a one*and*a*half space between pararaphs! usin an easily readable font style of the partyschoice! of 1*si8e font! and on a 1%*inch by -.5*inch white bond paper+ and

b. ll decisions! resolutions! and orders issued by courts and by Duasi*udicial bodies under the administrative supervision of the "C shall comply with these reDuirements. "imilarlycovered are the reports submitted to the courts and 6"4s.

&ARGINS AND PRIN*S 5Section )66he parties shall maintain the followin marins on all court*bound papers=1. left hand marin of 1.5 inches from the ede+2. n upper marin of 1.2 inches from the ede+%. riht hand marin of 1.0 inch from the ede+ and. lower marin of 1.0 inch from the ede.

very pae must be consecutively numbered.COPIES *O 8E %ILED5Section -6$nless otherwise directed by the court! the number of court*bound papers that a party isreDuired or desires to file shall be as follows=a. (n the S!PRE&E CO!R*!

• 1 oriinal properly mar#ed) and

• copies.

(f cases are referred to the court en banc=

• 10 additional copies+ and• 2 sets of anneEes one attached to the oriinal and an eEtra copy).

<or the division=

• 2 sets of anneEes one attached to the oriinal and an eEtra copy)

 ll members of the Court shall share the eEtra copies of anneEes in the interest ofeconomy of paper.

arties to cases before the "upreme Court are further reDuired! on voluntary basis for thefirst "ont$s following t$e effectivit) of t$is Rule and co"pulsoril) afterwardsunless the period is eEtended! to submit! siultaneousl! ?it% t%eir court&ound papers=

• soft copies of the same and their anneEes the latter in /< format) either by email tothe Courtse*mail address or by compact disc C/).6his reDuirement is in preparation for the eventual establishment of an e*filinpaperless system in the udiciary)

b. (n the CO!R* O% APPEALS and the SANDIGAN8A3AN=

• 1 oriinal properly mar#ed) and

• 2 copies with their anneEes.

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c. (n the CO!R* O% *A7 APPEALS!

• 1 oriinal properly mar#ed) and

• 2 copies with anneEes.

Fn appeal to the En 8anc!

• 1 oriinal properly mar#ed) and

• - copies with anneEes.

d. (n O*+ER CO!R*S=

• 1 oriinal properly mar#ed) with the stated anneEes attached to it.

ANNE7ES SERED ON ADERSE PAR*35Section 6

  party reDuired by the rules to serve a copy of hisJher court*bound paper on the adverse partyneed not  enclose copies of those anneEes that based on the record of the court such partyalready has in hisJher possession. (n the event a party reDuests a set of the anneEes actuallyfiled with the court! the party who filed the paper shall comply with the reDuest within 5 daysfrom receipt.