SPECIAL PROCEEDING - The court in which the case was first

filed has exclusive jurisdiction to decide

Is a remedy by which a party seeks to establish a
the issue of venue.
status, right of particular fact.
RE:
When the marriage is dissolved by the death of the
SETTLEMENT OF ESTATE OF DECEASED PERSONS
HUSBAND or WIFE, the community property shall
RULE 73. VENUE AND PROCESS be INVENTORIED, ADMINISTERED, LIQUIDATED,
and the deaths thereof paid, in the testate or
The RTC has jurisdiction over proceedings for the
intestate proceedings of the deceased spouse.
settlement of the estate of a deceased person
where the GROSS VALUE of the estate exceeds If both spouses have died, the conjugal partnership
300K outside MM, 400K within MM. less than 300k, shall be liquidated in the testate or intestate
MTC. proceedings of either.

VENUE
If a resident, venue lies with the RTC or MTC where RULE 74. SUMMARY SETTLEMENT OF ESTATES
the decedent resided at the time of his death.
The MTC has jurisdiction over a petition for
If non-resident, venue is the RTC/MTC of any place summary settlement whose gross value does not
where ha had estate. exceed 10,000 pesos. Testate or intestate.

RE: the SC has held that the writs and processes of The court may proceed summarily without the
a probate court cannot extend outside the appointment of an executor or administrator
Philippines.
Averment of gross value of estate in probate
Extrajudicial settlement of estates
petition is jurisdictional.
Requirements:
1. The decedent left no will and no debts.
PREFRENTIAL JURISDICTION
2. The heirs are all of age or the minors are
- Applies only to non-resident decedent. represented by their judicial or legal
- It is the rule where the court first taking representatives for the purpose.
cognizance of the settlement of the
Procedure: PSA
estate of the decedent shall exercise
jurisdiction to the exclusion of all other 1. Public instrument filed with the register of
courts. deeds, and should they disagree, they may
do so in an ordinary action of partition.
RE: the venue of probate proceeding can only be
2. Affidavit of self-adjudication if there is only
questioned on appeal, but certiorari under R65
one heir.
may be resorted to if the impropriety of the venue
3. File a bond with the register of deeds in an
(due to residence or location of estate) appears on
amount equivalent to the value of the
the record.
personal property involved.
If settlement of estate is filed in 2 or more courts 4. Published once a week for 3 consecutive
weeks. 1 X 3
RE: thereof, since it is the registration that gives
constructive notice to third persons of the existing
Personal property- the instrument is presented not
settlement of estate.
for registration but for file purposes only.
If the estate includes real property- then the
instrument should be registered pursuant to In case of unregistered land and other property,
Section 86 of the Property Registration Decree. the 2-year period is reckoned from the settlement
and distribution of the estate in accordance with S4
RE:
R74.
The extrajudicial settlement shall not be binding
RE:
upon nay person who has not participated therein
or had no notice thereof. If on the date of the expiration of 2-year lien, the
person authorized to file a claim is a MIPO minor,
RE:
mentally incapacitated, is in prison, or OUTSIDE OF
The bond is required only if there is personal THE PHILIPPINES, he may present his claim within
property in the decedent’s estate. It is not required one year after such disability is removed.
if the decedent left only real property since in such
case it is the lien under S4 R74 which would serve
as protection to the heirs or persons entitled to the REMEDY if the 2-year period under S4 R74 had
estate. expired.
BOND - Action for RECONVEYANCE based on
implied trust under Art. 1456 of the civil
1. Filed simultaneously and
code, brought within 10 years from the
2. Condition precedent to the filing of the
registration of the title.
public instrument, or stipulation in the
- If the property is acquired through
action for partition, or the affidavit in
fraud, the person obtaining it is by force
the register of deeds.
of law considered as trustee of an
RE: implied trust for the benefit of the
person from whom the property comes.
The bond and real estate shall remain charged with
a liability to creditors, heirs, or other persons for a NOTE: BAR Q AND A
period of 2 years after such distribution,
No extrajudicial settlement shall be binding upon
notwithstanding any transfers of real estate that
any person who has not participated therein or had
may have been made.
no notice thereof.
NOTE: After the 2-year lien annotated by the
NOTE: BAR Q AND A
Register of deeds, and no claim of any creditor,
heir, or other person exists, the register of deeds Under the law on partition, the estate of a
shall cancel the 2-year lien noted on the title deceased person may properly be partitioned since
without the necessity of a court order. a co-ownership has arisen among the deceased’s
heirs, provided that the deceased died intestate
and left no debts.
RE: COMMENCEMENT OF 2-YEAR PERIOD
In the case of registered land, the period is deemed
to comment not from the date of the execution of
the instrument but from the date of registration
RULE 76. ALLOWANCE OF DISALLOWANCE OF WILL Foundational evidence on:
SC has held that writs and processes of a probate 1. The execution and validity of the will, and
court cannot extend outside the Philippines. the probate of the will would become a
useless ceremony.
RE: In a petition for probate of a will of a non-
2. The existence of the will at the time of the
resident, the petition should allege the
testator’s death, or that the same was
jurisdictional fact that the testator left estate
fraudulently or accidentally destroyed
within the Philippines.
during the testator’s lifetime without his
Re: knowledge.

No newspaper publication shall be made where the Secondary evidence will be admitted.
petition for probate has been filed by the testator
At least two credible witnesses by which the
himself.
provisions of the will are clearly and distinctly
If the testator asks for the allowance of his own proved.
will, personal notice shall be sent only to the
A photocopy of the will is admissible.
compulsory heirs. NO NEWSPAPER publication shall
be made.
RE: Jurisdiction of court Holographic will
PUBLICATION is sufficient and personal notice is Foundational evidence: same with notarial
not necessary when the addresses of the heirs,
Secondary evidence: SC has held that a photocopy
legatees, devisees, and the executor are NOT
is admissible to prove a lost or destroyed
KNOWN or the addresses given in the petition is
holographic will. Testimonial evidence however is
wrong.
not admissible as secondary evidence because of
PERSONAL SERVICE if such addresses are known, the risk of fraud or mistake.
personal and individual notice to them is
NOTE:
mandatory and jurisdictional.
During the probate stage, the court can pass only
upon the extrinsic validity of the will, W/N the will
NOTE: IF THE AUTHENTICITY OF THE WILL IS IN complied with the formalities prescribed by the law
QUESTION, the presentation of 3 witnesses is and whether the testator had testamentary
mandatory. capacity.
RE: Exception:
The SC has held that to contest a will means to 1. Where the defect of the will is apparent on
challenge the authenticity thereof, if the will was its face.
challenged not on the basis of its authenticity but 2. Where the parties agree that the intrinsic
for something else, such as undue influence and validity be first determined.
lack of testamentary intent, the testimony of 1
competent witness was held sufficient.
Note: preterition applies only to inadvertent
omission in the will.
PROOF IN CASE OF LOST OR DESTROYED WILL
Notarial will
RULE 86: CLAIM AGAINST THE ESTATE Claimant must show good cause for the delayed
filing.
The following are money claims:
2. When the administrator or executor brings
1. All claims for money against the decedent,
an action against the claimant. In such a
arising from contract, express or implied,
case the claimant may raise the money
whether the same be due, not due, or
claim as a counterclaim, even if beyond the
contingent.
statute of non-claims.
2. All claims for funeral expenses
3. All claims for expenses for the last sickness Under Rule 86. A judgment for money should
of the decedent; and be filed as a money claim with the probate
4. Judgment for money against the decedent. court.
Note: The SC has held that a money claim cannot be
enforced by a writ of execution but should
Claims for money which are founded on tort or
instead be filed as a money claim.
crime are not money claims and should thus be
filed against the executor/ administrator or against A favorable judgment in a contractual money
the heirs. claim shall be enforced in the manner especially
provided in the Rules for prosecuting claims
Note: a quasi-contract is considered as a
against the estate of a deceased person.
contractual money claim.
Note:
RE:
S20 R3. Upon the death of the defendant in a
The notice shall require all persons having money
contractual money claim before the entry of
claims against the decedent to file them in the
judgment, the case shall not be dismissed but
office of the COC. Such time shall not be less than 6
shall be allowed to continue until final
months nor more than 12 months after the date of
judgment.
first publication of the notice. This period is also
known as the statue of non-claims.
NOTE: if a money claim is not filed within the RE:
statue of non-clams, they are barred forever.
S5 R86
RE: a money claim arising from contract should be
A contractual money claim, whether due or not
filed within the Statue of Non-Claims otherwise
due, or contingent, should be filed within the
they are barred forever.
Statute of non-claims otherwise the same if
Exceptions to the Statue of non-claims barred forever.
1. Tardy claim. At any time before an order of When the heirs may sue ULP
distribution is entered, on application of a
1. If the executor or administrator is
creditor who has failed to file his claim
UNWILLING or refuses to bring suit.
within the statute of non-claims, for cause
2. When LETTERS testamentary or of
shown, and on such terms as are equitable,
administration have not yet been issued.
allow such claim to be filed within a time
3. When the executor/ administrator is alleged
not exceeding one month from the order of
to have PARTICIPATED in the act complaint
the court allowing t he filing of such
of and he is made a party-defendant.
particular claim. S2 R86
 RULE 88. PAYMENT OF THE DEBTS OF THE A prior determination of heirship in a separate
ESTATE special proceeding is no longer required before
an heir can file an ordinary civil action to
Order in which estate charged for payment of
enforce ownership rights acquired by virtue of
debts (PDRC)
succession. Treyes vs. larlar
1. Designated in will
But, if there is a pending probate proceeding, a
2. Personal estate
separate action for declaration of heirship is
3. Real estate
not proper.
4. Contributive shares.
- When heirs become personally liable. RE:
Heirs who enter into possession of possession of Matters relating to the right of filiation and
portions of the estate before the debts and heirship must be ventilated in the proper
expenses have been settled and paid become probate court in a special proceeding instituted
liable to contribute for the payment of such debts precisely for the purpose of determining such
and expenses. rights. Not in an ordinary civil action.
RULE 89: SALES, MORTGAGES, AND OTHER Re:
ENCUMBRANCES OF PROPERTY OF DECEDENT.
Where there is a pending probate proceeding.
Probate court may authorize the E/A to sell the A separate action for the declaration of heirs is
whole or part of the real or personal estate, not proper.
even if not necessary to pay debts, legacies, or
The order for distribution is appealable by filing
administration expenses, when such sale will be
a notice of appeal and record on appeal within
BENEFICIAL to the heirs and interested persons.
30 days.
EXCEPT if inconsistent with will.
An order approving the project of partition
which had already become final may no longer
be amended by the probate court even if
erroneous.
RULE 90: DISTRIBUTION AND PARTITION OF
THE ESTATE Order of closure
When the marriage is dissolved by the death of Issued by the probate court after payment of
the husband or wife, the community property all debts and the delivery of the estate to the
or the conjugal partnership shall be liquidated heirs.
in the same proceedings for the settlement of
The probate court loses jurisdiction upon
the estate of the deceased spouse.
payment of all debts and delivery of the estate
If both spouses have died, the liquidation may to the heirs.
be effected in the estate proceedings of either.
The order of closure may be appealed since it is
a final order which affects the substantial rights
of the person appealing.
RE: s1 R 90
Notice of appeal taken within 15 days.
If there is controversy as to who are the lawful
heirs, such controversy shall be heard and
decided as in ordinary cases.
ESCHEAT property, becoming thereby an easy prey
for deceit and exploitation.
It is the special proceeding instituted by the Sol
Gen or his representative on behalf of the
republic to obtain title over the personal or real
JURISDICTION AND VENUE
estate of a person who dies INTESTATE leaving
NO HEIR or person entitled to the same. Guardianship over incompetents
RTC which he last resided - regardless of the 1. RTC of the place where the incompetent
value of the estate. resides.
- If non-resident: RTC of the place where
1x 6 in a newspaper of general circulation in the
the incompetent’s property or part
province.
thereof is situated.
An heir entitled to the estate may recover the
Guardianship over minors
same after its escheat provided that the claim is
filed within 5 years from the date of judgment. -RTC of the place where the minor resides.
In such a case the claimant shall have title to
- if non-resident: RTC of the place where the
and possession of the property.
minor’s property or part thereof is situated.
Art. 1014 of the civil code states “within 5 years
from the date the property was delivered to the
state. Since this is a prescriptive not a NOTE: MTC has no longer jurisdiction over
reglementary period, art. 1014, a substantive guardianship proceedings except where the minor
law, should prevail. or incompetent is a party to an action in the RTC,
the latter may appoint guardian ad litem.
RULE 93: Appointment of guardians
RULE 92. GUARDIANSHIP (VENUE)
Any relative, friend, or other person on behalf of an
2 kinds of persons who may be put under
incompetent who has no parent or lawful guardian.
guardianship:
1. Minors
2. Incompetents In case of a minor:
Under the Rule on Guardianship of Minors 1. Any relative or other person on behalf of
minor.
Who are incompetents:
2. The minor himself, if 14 years of age and
1. Suffering civil interdiction above.
2. Hospitalized lepers 3. Secretary of DSWD and by the Sec. of health
3. Prodigals in the case of an insane minor who needs to
4. Deaf and dumb who are unable to read and be hospitalized.
write
Petition must be verified.
5. Unsound mind even though with lucid
intervals Grounds for the appointment:
6. Weak mind, age, disease, or other similar
1. Death, continued absence, or incapacity of
causes (WADO) cannot, without outside aid,
his parents.
take care of themselves and manage their
2. Suspension, deprivation or termination of
parental authority.
3. Remarriage of his surviving parent, if the In case of insufficiency, the guardian may pay
latter is found unsuitable to exercise out the ward’s real estate after obtaining a
parental authority. court order for its sale or encumbrance.
4. When the best interest of the minor so
NOTE:
requires.
The guardianship court may not resolve the issue of
RE:
title to the property because such an issue should
Where the person liable to be put under be threshed out in a separate ordinary action.
guardianship resides abroad but has estate in
Except: where the ward’s title to the property is
the Philippines, the court may direct that notice
CLEAR AND INDISPUTABLE in which case the
be given by publication or otherwise.
guardianship court may issue an order directing its
delivery or return to the guardian.
RE: no case study report is required in
proceedings for guardianship of incompetents.
RULE 97: TERMINATION OF GUARDIANSHIP
1. Competent and
In the case of guardianship over a minor, a case
2. No longer necessary
study report is required.
Motu proprio or upon verified motion of any
The social worker may intervene on behalf of
person allowed to file a guardianship may
the minor if he finds that the petition for
terminate the guardianship on the ground that the
guardianship should be denied.
ward has become of age or died.

Re: in guardianship over minors, the

RULE 102. HABEAS CORPUS
prospective ward SHALL be presented to the
court. Writ of habeas corpus shall extend to all cases of
Incompetent, must be present if able to attend, 1. illegal confinement or detention by which
and it must be shown that the required notice any person is deprived of his liberty or
has been given. 2. by which the rightful custody of any person
is withheld from the person entitled
RULE 96. GENERAL POWERS AND DUTIES OF
thereto.
GUARDIANS
CONCURRENT JURISDICTION over a petition for
A guardian has full authority to take possession
writ of habeas corpus
of the property of the ward and to perform all
acts necessary for its management, and bring SC, CA, Sandiganbayan (in aid of appellate
and defend such actions as may be needed for jurisdiction) and the RTC.
this purpose.
MTC has special jurisdiction in the absence of all
the RTC judges in the province or city.
Re: Note:
Every guardian must pay the ward’s just debts The writ issued by the SC and CA may be made
out of his personal estate and the income if his returnable before a RTC for hearing and decision
real estate. on the merits.
Once the superior court makes the writ returnable restrained under a lawful process or order of the
to a lower court as allowed by the Rules of Court, court.
the lower court designated does not thereby
become merely a recommendatory body, whose
findings and conclusions are devoid of effect.
The decision on the petition for habeas corpus is a The writ may be availed of as post-conviction
decision of the lower court, not of the superior remedy:
court. Hence the RTC’s decision should be appealed
1. There has been a deprivation of a
to the CA.
constitutional right in the restraint of a
SANDIGANBAYAN has jurisdiction to issue writ of person;
habeas corpus only in aid of its appellate
Where a deprivation of a constitutional right is
jurisdiction.
established, the court that rendered the
ENFORCEABILITY OF THE WRIT judgment is deemed ousted of jurisdiction and
habeas corpus is the remedy to assail the
Writs issued by the SC, CA, and SANDIGANBAYAN
legality of the detention.
are enforceable anywhere in the Philippines.
2. The court has no jurisdiction to impose the
Those issued by the RTC and MTC are enforceable
sentence or
only within the judicial region to which they
3. An excessive penalty has been imposed, as
belong.
such sentence is void as to such excess.
RE: a petition which is deficient in form may be
Petition for a writ of habeas corpus involving
entertained so long as its allegations sufficiently
custody of minors:
make out a case for habeas corpus.
The petition for custody of minors shall be filed
WHO MAY FILE THE WRIT
with the family court of the province or city where
1. The party whose relief it is intended or the petitioner resides or where the minor may be
2. By some other person on his behalf. found. – such a petition may be filed with any of
the proper FCs/RTCs within the judicial region
In a habeas corpus proceeding, any person may
where enforcement thereof is sought.
apply for the writ on behalf of the aggrieved party.
NOTE:
RE: Actual physical restrained is required.
Service is not required in a habeas corpus petition.
A writ of habeas corpus plays a role comparable to
When is the writ of habeas corpus not allowed: a summons in ordinary civil actions, in that the
court acquires jurisdiction over the person of the
1. Custody of an officer under process issued
respondent upon service of the writ.
by a court or judge; or
2. By virtue of a judgment or order of a court RE: where both parents have joint custody of a
of record, and that court or judge had child, the writ may be availed of by the father is he
jurisdiction to issue the process, render the is deprived of right to see his child.
judgment, or make the order, the writ shall
A habeas corpus case involving a minor is not
not be allowed.
limited to the production of the minor before the
RE: A writ of habeas corpus may no longer be court. The main purpose is to determine who has
issued if the person allegedly deprived of liberty is rightful custody over the child. The court should
still proceed to determine who should have the 2. Ascendant, descendant, or relative within
rightful custody of the child. 4th degree, in default of 1.
3. Concerned citizen or organization if no
RE: APPEAL by filing a notice of appeal
known immediate family member or
48 hours from notice of the judgment or final relative of the aggrieved party.
order.
ENFORCEABILITY:
The day of the act or event is excluded and the
It may be enforced anywhere in the Philippines.
date of performance is included.
Contents:
If MR filed and denied, the movant has a fresh 48
hours from notice of the denial. Verified petition
Respondent’s return:
RULE ON THE WRIT OF AMPARO The respondent shall file a verified return within 5
working days after service of the writ. The period
A remedy available to any person whose right to
to file a return cannot be extended except on
life, liberty and security has been violated or is
highly meritorious grounds.
threatened with violation by a public official or
employee or a private individual or entity. EFFECTS OF FAILURE TO FILE THE RETURN
Covers: 1. The respondent waives any defense that he
may have had. Under S10 RWA, all defenses
1. Extralegal killings and
shall be raised in the return otherwise they
2. Enforced disappearance or
shall be deemed waived.
3. Any threats thereof.
2. The court shall proceed to hear the petition
Direct or indirect governmental participation is ex parte.
an indispensable element. 3. The court may cite for CONTEMPT a
respondent who refuses to make a return.
Note: proof of disappearance alone is not enough.
Where to FILE:
INTERIM RELIEFS available in a writ of amparo case:
With the RTC of the place where the act, or
PWIT
omission was committed or any of its elements
occurred, or the Sandiganbayan, CA, SC, or any Upon the filing of the petition or at anytime before
justices thereof. final judgment

NO DOCKET FEELS- exempt 1. TRO. Motu proprio or upon motion

2. IO. Upon verified motion and after due
hearing
Who may file: 3. PO. Upon verified motion and after due
hearing
The petition may be filed by the aggrieved party or
4. WPO. Upon motion or motu proprio.
by any qualified person or entity in the following
order: IRC Note: interim reliefs can only be granted before a
final adjudication of the case is made.
1. Immediate family of aggrieved party:
spouse, children and parents.
Procedure for hearing:
Summary hearing. The court may, however, hold a
preliminary conference to simplify issues and
RULE ON THE WRIT OF HABEAS DATA
obtain stipulations and admissions from the
parties. A remedy available to any person whose right to
privacy in life, liberty and security is violated or
threatened by an unlawful act or omission of a
APPEAL: public official or employee, or of a private
individual or entity engaged in the gathering or
SC under Rule 45.
storing of data or information regarding the
Period of appeal is 5 working days from notice of person, family, home and correspondence of the
the adverse judgment. aggrieved party.

MR on the judgment itself is allowed. Petition must adequately show that there exists a
nexus between right to privacy on the one hand,
QUANTUM OF PROOF:
and the right to LLS on the other.
Substantial evidence or that amount of relevant
RE: NO EXPECTION OF PRIVACY FOR A CONVICT.
evidence which a reasonable mind might accept as
adequate to support a conclusion. Where to file:

Note: 1. RTC where petitioner or respondent resides

or that which has jurisdiction over the place
Hearsay is admissible in writ of amparo case
where the data or information is gathered
or stored, at petitioner’s option.
2. With the Sandiganbayan, CA, and the SC if
NOTE: when a criminal action has been
the petition concerns public data files of
commenced, no separate petition for the writ shall
government offices.
be filed and that the reliefs under the writ shall be
available by motion in the criminal case. Enforceability:

When a criminal action and a separate civil action Anywhere in the Philippines.
are filed subsequent to a petition for a writ of
Who may file:
amparo, the latter shall be consolidated in the
criminal action. The aggrieved party. If EKED, the petition may be
filed by a member of the aggrieved party’s
Consolidation of the case shall not be applicable to
immediate family (SPC) or in default thereof by a
independent civil actions.
relative within 4th civil degree.
Decisions in writ of amparo and writ of habeas
Contents:
corpus cases are immediately final and executory.
1. Verified petition
PROHIBITED PLEADING
Respondent’s Return:
1. Motion to dismiss on whatever ground
2. MR of interlocutory orders are prohibited Verified return together with supporting affidavits
- MR of final orders or judgments are within 5 working days after service of the writ.
allowed.
APPEAL: To the SC under Rule 45, period to appeal shall be consolidated with the criminal
is 5 working days from the notice of adverse action.
judgment. 3. When a criminal action and a separate civil
action are filed subsequent to a petition a
The appeal may raise questions of fact or law or
petition for a writ of amparo, the latter shall
both.
be consolidated with the criminal action.
Neypes rule applicable to a writ of amparo case.
APPLIES TO RWA as well.
-fresh 5 working days after the denial of MR
Decision is IMMEDIATELY EXECUTORY without
or MNT.
prejudice to appeal.
QUANTUM OF PROOF: Substantial evidence
That amount of relevant evidence which a
RULE 103. CHANGE OF NAME
reasonable mind might accept as adequate to
support a conclusion. Note: the official name of a person is that which is
stated in the civil registry, not the name by which
Basic minimum test: RC
he was baptized or by which he has been known in
Technical rules of evidence not strictly observed in the community.
a writ of amparo case.
Jurisdiction: RTC
RELEVANCE of the evidence to the issue at hand
Venue: RTC of the place where the petitioner
and its CONSISTENCY with all other pieces of
resides.
adduced evidence.
Note:
Thus, hearsay is allowed.
Alien can file a petition for change of name
provided he is domiciled in the Philippines.
Effects of failure to file a return: EC
COVERS:
1. The court shall proceed to hear the petition
1. Change of surname and middle name
ex parte
2. The court may cite for contempt a Note:
respondent who refuses to make a return.
Change of first name or nickname, the governing
Procedure for hearing: law is RA 9048 which authorizes the local civil
registrar or the consul general to effect such
Summary hearing.
change.
Note:
Note:
MR of final order or judgement is allowed.
If what a petitioner seeks to do is simply to correct
The effect of the filing of a criminal action: a typographical or clerical error in the entry of her
name, then the procedure to be followed is Rule
1. When a criminal action has been
108 and not Rule 103.
commenced, no separate petition for writ
shall be filed. The reliefs under the writ shall 103 is a proceeding in rem.
be available by motion in the criminal case.
2. When a criminal action is filed after the
filing of the petition for the writ, the latter
Contents of the petition for change of name: and his aliases or other names, and should recite
the name sought to be adopted.
Verified petition by the person desiring to change
his name, or some other person in his behalf, and The fact that aliases were mentioned in the body of
shall set forth: the petition itself is of no moment.
1. That the petitioner has been a bona fide RE: In R103, the LRC need not be impleaded in a
resident of the province where the petition petition for change of name.
is filed for at least 3 years prior to the date
of such filing;
2. The cause RULE 108. CANCELLATION OR CORRECTION OF
3. The name asked for ENTRIES IN THE CIVIL REGISTRY.
1 x 3 consecutive weeks in some newspaper of
general circulation.
STATUTORY BASIS
The contents are jurisdictional.
No entry in a civil register shall be changed or
Valid grounds: DR DACUL corrected, without a judicial order.
1. When the name is ridiculous, dishonorable, Who may file:
or extremely difficult to write or pronounce.
Any person interested in an act, event, order or
2. When the change results as a legal
decree concerning the civil status of persons which
consequence, as in legitimation;
has been recorded in the civil register, may file a
3. When the change will avoid confusion;
verified petition for the cancellation or correction
4. When the petitioner has been using a name
of any entry relating thereto.
for school purposes and his school records
are in such name, then his name in the civil
registry may be changed to the name that
RE:
he has been using.
5. A sincere desire to adopt a filipino name to Clerical or typographical errors may be corrected
erase signs of former alienage. administratively by the city or municipal civil
registrar or the consul general pursuant to RA
Grounds are not exclusive.
9048.
RE: change of name must be for proper and
Jurisdiction: RTC
reasonable cause.
Venue: place where the corresponding civil
RE: Julian Lin Carulasan Wang the court denied the
registry is located.
change of middle name, accordingly, the petitioner
must not only show PROPER and COMPELLING NOTE:
REASON but also that he will be PREJUDICED by the
Venue is not jurisdictional but procedural. Courts
use of his true name.
may not motu proprio dismiss the case on the
ground of improper venue.
RE:
SC has held that the caption of the petition
as published must contain the applicant’s name,
Parties: stated that the recognition may be prayed for in
the petition for cancellation of the marriage entry
When cancellation or correction of an entry in the
under R 108.
civil register is sought, IL
1. The local civil registrar and
2. All persons who have or claim any interest RE:
which would be affected thereby shall be
Rule 108 may be availed of to cancel entries in a
made parties to the proceeding.
fake marriage contract. There is no need to file a
1x 3 for 3 consecutive weeks in a newspaper of petition for declaration of nullity of marriage with
general circulation in the province. the family court since there was no marriage to
speak of in the first place.
Effect if the civil registrar and affected persons are
not impleaded: NOTE:
- The failure to implead the civil registrar Petition for change of name and correction of entry
and the parties who would naturally and may be joined in one proceeding if the change of
legally be affected by the grant of the name and correction of entry are based on the
petition would render the proceedings same underlying facts or logically connected to
and the judgment void. each other and provided that all the requirements
of R103 and R108 are complied with.
OPPOSITION:
RA 9048
The civil registrar and any person having or
claiming any interest under the entry whose Administrative change of first name or nickname
cancellation or correction is sought may, within 15 and correction of clerical or typographical errors.
days from notice of the petition, or from the last
Provided, however, that no correction must involve
date of publication of such notice, file his
the change of AGE, NATIONALITY, or STATUS. NAS
opposition of such notice, file his opposition
thereto. Includes:
RE: In a special proceeding for correction of entry 1. Change in the sex where it is patently clear
under R108, the trial court has no jurisdiction to that there was clerical or typographical
nullify marriages and to rule on legitimacy and error or mistake in the entry. The petition
filiation. to correct entry of sex must be
accompanied by a certification of an
accredited govt physician that the
NOTE: petitioner has not undergone sex change or
sex transplant.
The recognition of the foreign divorce decree may
2. Change of the DATE and MONTH in the
be made in a R108 proceeding itself, as the object
birthdate.
of special proceedings is precisely to establish the
status or right of a party or a particular fact. An entry in a civil register may not be changed or
corrected without judicial order, except:
Example: petition for cancellation of entry of
marriage under Rule 108 with a prayer for judicial 1. Clerical or typographical error and
recognition of foreign divorce judgment. 2. Change of first name or nickname
3. Change of the day and month in the date of
SC has held that a foreign divorce decree must first
birth or sex of a person where It is patently
be recognized before it can be given effect. The SC
 clear that there was a clerical or Grounds for change of first name or nickname:
typographical error.
1. The first name or nickname is ridiculous,
DOCTRINE OF PRIMARY JURISDICTION CANNOT BE tainted with dishonor or extremely difficult
WAIVED. However, where Republic raised the lack to write or pronounce.
of primary jurisdiction only before SC, it was 2. The new first name or nickname has been
estopped to invoke such ground. habitually and continuously used by the
petitioner and he has been publicly known
- Can be raised at any time.
by that first name or nickname in the
community; or
3. The change will avoid confusion.
RA 9048 took effect on April 22, 2001.
Grounds are exclusive.
Who may file?
PUBLICATION: Required for change of first name or
Any person having direct and personal interest in
nickname, change of the sex or a person.
the correction of a clerical or typographical error in
an entry and/or change of first name or nickname 1 x 2 in a newspaper of general circulation.
in the civil register may file, in person, a verified
Note: publication is not required for clerical or
petition with the local civil registry where the
typographical error, except where the erroneous
record being sought to be corrected or changed is
entry is of the date and month of the birth date or
kept.
of the sex of a person.
Filipino citizens abroad:
Remedy if denied by the LCR or CG or availment for
They may file their petition, in person, with the the second time:
nearest Philippine consulate.
1. Appeal the decision to the civil registrar
Note: former filipinos presently residing or general or
domiciled abroad cannot avail of this provision. 2. File appropriate petition with the proper
court/ RTC.
RE: May be availed of only once. (ONE-
AVAILMENT RULE) Filed within 10 working days from notice.

Hence if a person has availed of a petition for

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

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

WRIT OF CONTINUING MANDAMUS

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

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

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

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