SPEC PRO Reviewer
Special Proceeding
- An application to establish the status or a right of
a party or a particular fact or any other remedy
other than an ordinary suit in a court of justice
Subject Matter of Special Proceeding:
1. Settlement of estate of deceased persons
2. Escheat
3. Guardianship
4. Trustees
5. Adoption
6. Rescission and revocation of adoption
7. Hospitalization of the insane person
8. Habeas corpus
9. Change of name
10. Voluntary dissolution of corporation
11. Judicial approval of voluntary recognition of
minor natural children
12. Constitution of family home
13. Declaration of absence and death
14. Cancellation or correction of entries in the civil
registry
Enumeration is not exclusive
Civil Action vs Special Proceeding
Special Proceeding Civil Action
It is a remedy seeks to One by which a party
establish a status, a right, sues another for the
or a particular fact. enforcement or protection
of a right or the
prevention or redress of a
wrong.
Generally commenced by Commenced by filing of
application, petition or a complaint.
special form of pleading.
Does not pray for Prays for affirmative relief
affirmative relief for injury arising from a party’s
arising from a party’s wrongful act or omission
wrongful act or omission and states a cause of
nor state a cause of action that can be
action that can be enforced against a
enforced against a person.
person.
Other Special Procceding:
1. Corporate rehabilitation is a special proceeding
and summary in nature.
2. Arbitration
3. Liquidation of an insolvent corporation
4. Declaration of heirship
Special Proceeding has no definite adverse party.
Rules in civil actions are applicable in special proceeding
except when it impedes the speedy disposition of special
proceeding cases.
Subject of Estate of Deceased Person:
- Can be testate or intestate
- Intestate if there is no will and testate has a will.
Probate of a will is mandatory.
- Proceeding in rem
- Claims against the deceased should be filed
during the settlement proceedings of their estate
- Jurisdiction over probate depends upon the
gross value of the estate:
 If value does not exceed P400,000.00
(Metro Manila) MTC otherwise, RTC
 If value does not exceed P300,000.00
(Province) MTC otherwise RTC
- Venue is determined by the residence of the
deceased at the time of his death. If he is non-
resident, venue is in the province where his
estate/property is located.
- Residence pertains to person’s actual residence
or place of abode, provided he resides therein
with continuity and consistency
- Probate court cannot issue writs of execution
- Demurrer to evidence is applicable
What must be contained in the petition:
1. Allege the fact of death
2. Residence of the deceased at the time of his
death
3. Gross value of the estate
Death certificate is the best evidence to establish
residence at the time of death
Testacy takes precedence over intestacy to avoid
dissipation of the properties’ value and to transfer the
properties immediately.
Extrajudicial Settlement Requirement:
1. No pending debts
2. Heirs are of legal age or minors that are
represented
3. Publication in a newspaper of general circulation
4. Extrajudicial settlement must be registered in
registry of deeds
5. All heirs must agree
6. No will
7. Bond based on personal property
Ordinary action for partition if co-heirs do not agree
No prescription against a lawful heir when he is deprived
of his lawful inheritance. His remedy is an Ordinary civil
action for nullification of EJS.
Summary Settlement of Estate
General Rule: Property left by the deceased should be
judicially administered and the competent court should
appoint a qualified administrator.
Exception:
1. Extrajudicial settlement by agreement
2. Action for partition
3. Self-adjudication of a sole heir by executing an
affidavit
4. Summary settlement of estates of small value
(P10,000.00)
Requisites of a valid extrajudicial settlement:
1. Decedent died intestate
2. No outstanding debts at the time of the
settlement
3. Heirs are all of age or the minors are
represented
4. Made in a public instrument duly filed with the
registry of deeds
5. Judicial settlement must be published in a
newspaper of general circulation in the province
once a week for three consecutive weeks
6. In case of personal property, a bond equivalent
in value
Summary proceeding for the settlement of the estate if
gross value is P10,000.00 without need of an
administrator or executor.
Partition of inheritance may be effected by:
1. Heirs themselves extrajudicially
2. Court in an ordinary action for partition
3. By testator himself
4. A third person designated by the testator
The presence of the requisites of extrajudicial partition or
an action partition does not prevent the heirs from
instituting an administration proceeding if they have good
reasons for choosing not to file an action for partition.
Summary settlement of estate is not mandatory.
Ordinary action for partition therefore is meant to take
the place of the special proceeding on the settlement of
the estate.
Partition is inappropriate where there are issues as to
the expenses chargeable to the estate. Heirs/distributees
of the properties may take possession thereof even
before the settlement of accounts as long as they filed a
bond.
Summary Settlement of estates of small value
- Hearing shall be held not less than one month
nor more than three months from the date of the
last publication of a notice.
Escheat:
Escheat is proper when a person dies WITHOUT a will,
leaving an estate WITHOUT any legal heir or person
lawfully entitled to the same.
- A proceeding whereby the State, by virtue of
sovereignty, steps in and claims the real or
personal property of a person who dies intestate
leaving no heir. In the absence of lawful owner,
a property is claimed by the State to forestall an
open “invitation to self-service by the first
timers”.
- Do not apply where the land unconstitutionally
acquired by an alien was subsequently
transferred to a Filipino citizen as in the case of
succession.
Republic of the Philippines is the real party-in-
interest. The action shall be instituted by the Solicitor
General or the officer acting in his stead, in behalf of the
Republic.
Escheat is allowed when the decedent died with a will
but the will was not allowed and he has no known heirs,
and there are no persons entitled to his property.
Personal Estate shall be assigned to the municipality or
city where he LAST RESIDED in the Philippines.
Real Estate shall be assigned to the municipality or city
in which the same is LOCATED.
The proper VENUE for escheat proceeding must be the
place where the deceased person LAST RESIDED.
Claim against a property ALREADY ESCHEATED must
be made within FIVE YEARS FROM THE DATE OF
THE ESCHEAT JUDGMENT.
- Conditions for claim
1. Claim must be within five years;
2. Shall have possession or title to the
same;
3. If sold, the municipality or city shall be
accountable for the proceeds after
deducting the estate;
4. Claim not made within five years shall
be barred forever.
An escheat proceeding CANNOT be converted into an
ordinary special proceeding.
The personality to file a case challenging the capacity of
a person to acquire or to own land based on non-
citizenship is the State through the Solicitor General.
Dormant accounts may be inquired into by the State to
determine the status, custody, and ownership of the
unclaimed balance to determine whether the inactivity
was brought by the fact of death, absence of, or
abandonment by the depositor. After the proceeding and
the property remains without a lawful owner interested to
claim it, the property shall revert to the State.
Guardianship:
Part 1: Rules of Court: Guardianship of Incompetent
who are not Minors
Guardianship is a trust relation of the most sacred
character, in which one person called “guardian” acts
for another called “ward” whom the law regards as
incapable of managing his own affairs.
- Designed to further the ward’s well-being NOT
that of the guardian.
- Intended to preserve the wards property, as well
as to render any assistance that the ward may
personally require.
Basis of guardianship is parens patriae inherent in the
supreme power of the State. It is in the interest of
humanity and for the prevention of injury to those who
cannot protect themselves.
Guardian – person in whom the law has entrusted the
custody and control of the person or estate or both of an
infant, insane, or other person incapable of managing his
own affairs.
- Classifications:
1. According to Scope of power:
a. General – responsible over the
person of the ward or over his property.
b. Limited – over the property only.
2. According to Constitution:
a. General
b. Legal – parent of the ward; person
who, without need of judicial
appointment,
c. Guardian ad litem – any competent
person appointed by the court to
prosecute or defend a minor, insane, or
person declared to be incompetent, IN
AN ACTION IN COURT.
Regional Trial Court where the INCOMPETENT WHO
IS NOT A MINOR RESIDES shall have jurisdiction over
guardianship proceedings.
Family Court where the MINOR RESIDES shall have
jurisdiction over guardianship proceedings.
VENUE is place of residence. If they reside OUTSIDE
the Philippines, petition may be filed in the RTC of the
place where the property may be situated.
Settling the controversy over the title over properties
conveyed in the course of the guardianship proceeding
is beyond the jurisdiction of the guardianship court.
However, if the title of the property is clearly and
undisputedly owned by the ward, the guardianship court
may order its return or delivery.
The following are the persons who may petition for
appointment of guardian with respect to incompetent
other than minors:
1. Any relative
2. Friend
3. Other person in behalf of incompetent
who had no parents or lawful guardian
 4. Director of Health for insane person who
should be hospitalized or isolated leper
5. Any person interested in the estate of
the incompetent.
The following are the persons who may petition for
appointment of guardian with respect to minors:
1. Any relative
2. Other person in behalf of the minor
3. Minor himself if 14 years old or over
4. Secretary of Social Welfare and
Secretary of health if minor is insane
who needs to be hospitalized.
Contents of the petition for guardianship over the minor:
1. Jurisdictional facts
2. Name, age, and residence of the prospective
ward
3. Ground rendering the appointment necessary or
convenient
4. Death of the parents of the minor or the
termination, deprivation, or suspension of their
parental authority
5. Remarriage of the minors surviving parent
6. Names, age, and residences of relative within
the 4th civil degree of minor and of persons
having hm custody
7. Probable value, character, and location of the
property of the minor
8. Name, age, and residence, of the person for
whom letters of guardianship are prayed.
Contents of the petition for guardianship over an
incompetent other than a minor:
1. Jurisdictional facts
2. Incompetency of the person rendering the
appointment of a guardian necessary or
convenient
3. Probable value and character of his estate
4. Names, ages, and residences of the relative of
the incompetent as well as the persons having
him under their care
5. Names of the person for whom letter of
guardianship are prayed.
FACTORS TAKEN IN CONSIDERATION IN
APPOINTING A GUARDIAN:
1. Financial situation
2. Physical condition
3. Sound judgment, prudence, and trustworthiness
4. Moral character and conduct
5. Present and past history of a prospective
appointee
6. Probability of his being able to exercise the
powers and duties of guardian for the full period
during which guardianship is necessary.
Grandparents enjoy preference in the appointment of
guardian.
A minor above 14 years old is entitled to notice and
such notice is jurisdictional.
A guardian must file a bond.
- To make and return to the court within three
months, a true and complete inventory of all the
estate, real and personal, of his ward which shall
come to his possession or knowledge or to the
possession or knowledge of any other person for
him.
- To faithfully execute the duties of his trust, to
manage and dispose of the estate according to
these rules for the best interests of the ward,
and to provide for the proper care, custody, and
education of the ward.
- To render a true and just account of all the
estate of the ward in his hands, and of all
proceeds or interest derived therefrom, and of
the management and disposition of the same, at
the time designated by these rules and such
other times as the court directs and at the
expiration of his trust to settle his accounts with
the correct court and deliver and pay over all the
estate, effects, and moneys remaining in hands,
or due from him on such settlement, to the
person lawfully entitled thereto.
- To perform all orders of the court by him to be
performed
Court may require new bond, whenever necessary, and
may discharge the sureties on the old bond from further
liability, after due after due notice to interested persons,
when no injury can result.
Before conveyance of properties of the ward, judicial
approval is necessary.
Grounds when the guardian may sell or encumber
the estate:
1. When income of the estate under guardianship
is insufficient to maintain the ward and his family
2. Maintain and educate the ward when minor
3. When it appears beneficial to the ward and the
proceeds thereof put at interest, or invested in
some productive security.
Notice to next of kin and to all the person interested in
the estate is necessary before sale or encumbrance.
Next of kin means relative whose relationships are such
as to entitle them to shares in the real estate as
distributees.
GENERAL POWERS AND DUTIES OF A GUARDIAN:
1. Have care and custody of the person of the
wards, the management of his estate or
management of the estate only
2. Pay the debts of the ward
3. Settle accounts, collect debts, and appear in
actions for the ward
4. Manage the estate of the ward frugally, and
apply the proceeds to maintenance of the ward
5. Render verified inventory within three months
after his appointment and annually
6. Must present his account to the court for
settlement and allowance.
Guardian is prohibited from making donations of the
properties entrusted to him.
Grounds for termination of guardianship over a minor:
1. Ward has come of age
2. Death of the ward
3. Death of the guardian
Grounds for the termination of guardianship over
incompetent other than a minor:
1. Competency of the ward has been judicially
determined
2. Guardianship is no longer necessary
3. Death of the ward
4. Death of the guardian
Courts are mandated to take into account all relevant
circumstances that would have bearing on the children’s
well-being and development.
General rule: mother is to be preferred in awarding
custody of children under the age of seven. Applies to
both legitimate and illegitimate children (Tender-age - failed to render an account or make a return for
presumption) thirty days after it is due
- the court may allow the guardian to resign for
Exception: Mother has been declared unsuitable to justifiable reasons
have custody of her children.
a. neglect Ground for termination of guardianship:
b. abandonment - ward has come of age
c. unemployment - ward died
d. immorality
e. habitual drunkenness Adoption:
f. drug addiction Adoption is a juridical act, a proceeding in rem, which
g. maltreatment of the child creates between two persons a relationship similar to
h. insanity that which results from legitimate paternity and filiation.
i. affliction with a communicable disease - Entirely artificial
- Statutory requirement must be strictly carried out
Sexual preference or moral laxity alone does not amount - Fact of adoption is never presumed but must
to neglect or incompetence affirmatively proved by the person claiming its
existence
PART 2: GUARDIANSHIP OF MINORS
Adoption statutes should be LIBERALLY CONSTRUED
Grounds for the appointment of a guardian for minors: in a manner that will sustain rather than defeat the
- death, continued absence, or incapacity of his purpose of promoting the welfare of the child.
parents
- suspension, deprivation or termination of Petition for adoption shall be filed with the family court
parental authority of the province or city where the prospective
- marriage of his surviving parent, if the latter is adoptive parents reside.
found unsuitable to exercise parental authority
- when best interests of the minor so require. Adoption of a Filipino child may filed by a foreign national
of Filipino citizen permanently residing abroad with the
The following should be considered: family court having jurisdiction over the place where
- moral character the child resides or may be found. It may be filed
- physical, mental, and psychological conditions directly with the Inter-Country Adoption Board.
- financial status
- relationship of trust with the minor Domestic Inter-country
- availability to exercise the powers and duties of Adoption Adoption
a guardian for the full period of the guardianship Jurisdiction Family Court Family Court
- lack of conflict of interest with the minor where the having
- ability to manage the property of the minor adopter resides jurisdiction over
the place where
Order of preference in appointing guardian for the child resides
minors: or may be
- surviving grandparents and in case of several found. May be
grandparents survive, the court shall select any filed directly
of them taking into account all relevant with the Inter-
considerations Country
- oldest brother or sister of the minor over 21 Adoption Board.
years of age, unless unfit or disqualified Application By filing a Through the
- actual custodian of the minor over 21 years old petition with the agency located
unless unfit or disqualified Family Court in in the foreign
- any other person, who in the sound discretion of the Philippines country.
the court, would serve the best interest of the Trial Custody Shall be made Shall be
minor. in the mandatory in
Philippines the country of
Petition for guardianship shall be verified and within six the adopter
accompanied by a certification against forum shopping. months
Publication Necessary Not required
ANY person may contest the petition. Prayer May be allowed None
to pray for
Hearing may be closed to public, at the discretion of the change of
court, and the records of the case shall not be released name,
without court approval. rectification of
simulated birth
When the market value of the property or the annual certificate, or
income of the child exceeds P50,000.00, the parent declare that
concerned shall furnish a bond in such amount child is a
determined by the court which shall not be less than foundling or
10% of such property or annual income. abandoned.

Grounds for Removal or Resignation of Guardian Intercountry Adoption is a socio-legal process of

- when guardian becomes insane, or otherwise adopting a Filipino child by foreigner or a Filipino citizen
incapable of discharging his trust permanently residing abroad where the petition is filed,
- unsuitable the supervised trial custody is undertaken, and the
- wasted or mismanaged the property of the ward decree of adoption is issued outside the Philippines.
Written consent of the biological parents is indispensable
for the validity of a decree of adoption. Except when the
subject of adoption is deemed as an abandoned child. A
certification from DSWD stating that the child is legally
available for adoption is needed.
Legal Effects of an Adoption Decree
1. Sever all legal ties between the biological
parents and the adoptee, except when the
biological parent is the spouse of the adopter.
2. Adoptee is deemed as a legitimate child of the
adopter.
3. Give the adopter and the adoptee reciprocal
rights and obligations arising from parent-child
relationship
a. right of the adopter to name the child
b. right of the adopter and the adoptee
to be legal and compulsory heirs of each
other
Whose consent is necessary to effect adoption:
- Adoptee if ten years old and above
- Biological parents if known, legal guardian, or
proper government entity which has legal
custody of the child
- Legitimate and adopted children ten years or
above, of the adopter and adoptee, if any
- Illegitimate children, ten years or above, of the
adopter and the latter’s spouse, if any
- Spouse of the person adopting or to be adopted
General Rule: Husband and wife must jointly adopt.
Exception:
1. If one spouse seeks to adopt the legitimate child
of the other
2. If one spouse seeks to adopt his own illegitimate
child provided that the other spouse consented
3. If spouses are legally separated from each
other.
Habeas Corpus:
Habeas Corpus is a writ directed to the person
detaining another and commanding him to produce the
body of the prisoner at a certain time and place, with the
day and the cause of his caption and detention, to do,
and receive whatsoever the court or judge awarding the
writ shall consider in the behalf.
- Extends to all cases of:
a. illegal confinement or detention by which a
person is deprived of his liberty
b. rightful custody of any person is withheld from
the person entitled thereto except as otherwise
expressly provided by law.
- Like a proceeding in rem; constituted for the
purpose of fixing the status of a person
- No judgment entered against anybody as there
is no real plaintiff and defendant.
- NOT in the nature of a writ of error
- CANNOT take the place of an appeal
- CANNOT be used to investigate and consider
questions of error relating to procedure on merits
- NOT ordinarily granted where the law provides
for other remedies in the regular course
- Summary Remedy
- DOES NOT act upon the prisoner who seeks
relief but upon the person who holds him in what
is alleged to be the unlawful authority.
- Regarded as a palladium of liberty is a
prerogative writ which does NOT issue as a
matter of right but in the sound discretion of the
court or judge.
- NOT issued when the person is in custody
because of a judicial process or a valid
judgment. However, it may be allowed as a post-
conviction remedy when the proceedings leading
to the conviction were attended by any of the
following exceptional circumstance:
a. deprivation of constitutional right
resulting in the restraint of a person.
b. court has no jurisdiction to impose the
sentence.
c. imposed penalty was excessive, thus
voiding the sentence as to such excess.
Two Stages of Writ of Habeas Corpus
1. A person restrained of his liberty may be
released from any kind of detention
2. Are detained from the control of those who are
entitled to their custody. It requires the
determination of whether his detention or
confinement is illegal or not or whether by his
detention, another person is deprived of his legal
custody over him.
Object of writ of habeas corpus is to inquire into the
legality of detention, and if detention is found to be
illegal, to require the release of the detainee. Writ will
NOT issue where the person in whose behalf the writ is
sought, is judged with jurisdiction or by virtue of a
judgement or of a court record.
The law requires ACTUAL or PHYSICAL confinement.
However, actual physical restraint is NOT always
required; any restraint which will prejudice freedom of
action is sufficient.
Burden of proving illegal restraint rests on the
petitioner who attaches such restraint.
Preliminary Citation – where a person is detained
under governmental authority and the illegality of his
detention is not patent from the petition for the writ, the
court may issue a citation to the government officer
having the person in his custody to show cause why the
writ shall not issue.
Peremptory Writ – issued when the cause of detention
appears to be patently illegal and the non-compliance
therewith is punishable.
Writ of Habeas Corpus may be used with writ of
certiorari for the purpose of review. However, habeas
corpus does not lie where the petitioner has the remedy
of appeal or certiorari because it will not be permitted to
perform the functions of a writ of error or appeal for the
purpose of reviewing errors or irregularities in the
proceedings of a court having jurisdiction over the
person and the subject matter.
May be granted by the following:
1. Supreme Court which is enforceable throughout
the Philippines.
2. Court Appeals which is enforceable throughout
the Philippines.
3. Regional Trial Court which is enforceable within
the respective judicial region.
4. Municipal Trial Court where there is no available
RTC judge.
5. Sandiganbayan only if it is in aid of its appellate
jurisdiction.
The court in granting the writ of habeas corpus must
consider the following:
- Whether the petitioner is restrained
- Inquire into the cause of detention
- If the cause is unlawful, then the writ should be
granted and the petitioner be discharged
When the release of the person in whose behalf the
application for a writ of habeas corpus was filed is
effected, the petition for the issuance of the writ
becomes moot and
academic. Except where a minor is involved. The court
may NOT dismiss a petition for a writ of habeas corpus
on the ground that the minor had already been produced
in court. Rather, it is prosecuted to determine the right of
custody over a child.
Application shall be by a petition signed and verified
either by the party for whose relief it is intended or by
some person on his behalf.
Must be construed LIBERALLY.
CANNOT be granted if the accused has only served the
minimum of his sentence as he must serve the maximum
term of his sentence.
NO court may compel a husband to live with his wife.
Waiver under Art. 125 of RPC does NOT give the State
the right to detain a person indefinitely. Writ of habeas
corpus is proper when the detention against the detainee
is beyond the prescribed period in the aforementioned
article.
Allegations in the return are deemed admitted if not
controverted. Failure to file a return amounts to an
admission of the truth of the facts stated in the return
and justifies dismissal of the petition for habeas corpus.
If he is lawfully imprisoned or restrained on a charge of
having committed an offense not so punishable, he may
be recommitted to imprisonment or admitted to bail in the
discretion of the court or judge.
Detention prisoner can avail of the habeas corpus
proceeding to post bail to ensure his appearance before
the court if the offense charged is bailable and if he has
been detained and held without bail. However, if the
offense is non-bailable, he cannot obtain his
provisional liberty on bail by habeas corpus proceeding.
Appeal in habeas corpus shall be 48 hours from notice
of the judgment appealed from.
NO need to file a motion for execution for habeas corpus
decision.
IN RELATION TO CUSTODY OVER MINORS
Habeas Corpus may be resorted to in cases where
rightful custody is withheld from a person entitled
hereto under Article 211 of the Family Code. In the
absence of a judicial grant of custody to one parent,
BOTH parents are still entitled to the custody of their
children.
General Rule: Parents should have custody over their
minor children.
Exception: The State has the right to intervene where
the parents treat them cruelly and abusively, impairing
their growth and well-being, and leaving them emotional
scars that they carry throughout their lives unless they
are liberated from such parents and properly counseled.
By filing the case for declaration of nullity of marriage,
the issue of the custody of the child as an incident
thereof is automatically submitted.
Petition for writ of habeas corpus involving custody of
minor may likewise be filed in Supreme Court and
Court of Appeals and writ shall be enforceable
anywhere in the Philippines.
Requisites for the valid grant of the writ involving
custody of minors:
1. Petitioner has the right of custody
2. Rightful custody over the minor is being withheld
by the respondent
3. Must serve the best interest of the minor child to
be in the custody of the petitioner rather than
with the respondent
Must be filed with the family court of the province or
city where the petitioner resides or where the minor
may be found.
Motion to dismiss is not allowed except on the ground
of lack of jurisdiction over the subject matter or over
the parties.
Respondent shall file an answer within 5 days after
service of summons and a copy of petition.
Pre-trial is mandatory. Within 15 days after the filing
of the answer or the expiration of the period to file
answer, the court shall issue an order fixing a date for
pre-trial conference; direct the parties to file their
respective pre-trial brief and require the respondent to
present the minor before the court.
Effects of failure to appear on Pre-Trial:
1. If petitioner fails to appear personally, the
petition shall be dismissed unless his counsel or
authorized appears and proves a valid excuse
for the non-appearance.
2. If respondent fails to appear petitioner shall be
allowed to present evidence ex parte.
The court may issue provisional order awarding custody.
Order of preference:
1. Both parents jointly
2. Either parent unless parent chosen is unfit
3. Grandparents unless the grandparent chosen is
unfit or disqualified
4. Eldest brother or sister over 21 years of age
unless unfit or disqualified
5. Actual custodian of the minor over 21 years of
age unless unfit or disqualified
6. Any other person or institution suitable to
provide proper care and guidance for the minor
Best interest of the minor refers to the totality of the
circumstances and the conditions as are most congenial
to the survival, protection, and feelings of security of the
minor encouraging to his physical, psychological, and
emotional development. It also means the least
detrimental available alternative for safeguarding the
growth and development of the minor.
Other factors to be considered:
1. Any extrajudicial agreement which the parties
have bound themselves to comply with respect
to the rights of the minor to maintain the contact
with the non-custodial parent on a regular basis
except when there is existing threat or danger to
the interest of the minor
2. Desire and ability of one parent to foster an open
and loving relationship between the minor and
the other parent
3. Health, safety, and welfare of the minor
4. Any history of the child or spousal abuse by the
person seeking custody or has any filial
relationship with the minor
 5. Nature and frequency of contact with both Writ of Amparo is a remedy available to any person
parents whose right to life, liberty, and security has been violated
6. Habitual use of alcohol, dangerous drugs, or or is threatened with violation by unlawful act or omission
regulated substance of a public official or employee, or of a private individual
7. Marital misconduct or entity.
8. Most suitable physical, emotional, spiritual, - Intended to address extralegal killings and
psychological and educational environment for enforced disappearances or threats thereof
the holistic development and growth of the minor - Covers violations of constitutional and civil rights
9. Preference of the minor over seven years of age other than the right to unlawful deprivation of
and of sufficient discernment unless the parent liberty.
chosen is unfit. - Independent and summary remedy
- Preventive in that it breaks the expectations of
The court shall grant appropriate visitation rights to the impunity in the commission of these offenses
non-custodial parent unless the court finds said parent - Curative in that it facilitates the subsequent and
unfit or disqualified. summary remedy that provides rapid judicial
relief to protect the people’s right to life, liberty,
The custodial parent shall give the court and the non- and security
custodial parent at least 5-day notice of any plan to - confined only to cases of extralegal killings and
change residence of the minor, or take him out of his enforced disappearances
residence for more than three days provided it does - covers violation of the right to security
not prejudice the visitation rights of the non-custodial
- may still issue in the respondent’s favor
parent.
notwithstanding that he has already been
released from detention.
A minor child subject of the petition shall not be brought
- A special proceeding
out of the country without prior order from the court. The
court may issue ex parte a hold departure order
Extralegal killing are killings committed without due
addressed to the Bureau of immigration and
process.
Deportation.
Elements of Enforced disappearances:
The court may issue Protection Order requiring any
1. Arrest, detention, or abduction or any form of
person to:
deprivation of liberty
1. Stay away from the home, school, business, or
2. That it be carried out by or with the
place of employment of the minor, other parent
authorization, support of the State or political
or form any other specific place designated by
organizations
the court
3. Followed by the State or political organization’s
2. Cease and desist from harassing, intimidating,
refusal to acknowledge or give information on
or threatening such minor or the other parent
the fate or whereabouts of the person subject of
3. Refrain from acts of commission or omission that
the amparo petition; and
create an unreasonable risk to the health, safety,
4. The intention for such refusal is to remove
or welfare of the minor
subject person from the protection of the law for
4. Permit a parent to visit the minor as stated
a prolonged period of time.
period
5. Permit designated party to enter the residence
In a petition for writ of amparo, the order of priority on
during specified period of time in order to take
who can file the petition should be strictly followed.
personal belongings not contested in a
proceeding
When a person is consumed by fear for her life and
6. Comply with such other orders as are necessary
liberty that it completely limits her movement, the writ
for the protection of the minor.
may be issued to secure her. However, the source of
fear must be valid and substantiated by circumstances
If both parents are unfit to have the care and custody of
and not mere paranoia.
the minor, the court may designate either the paternal or
maternal grandparent of the minor, or his oldest brother
The disappearance must be attended by some
or sister, or any reputable person to take charge of such
governmental involvement. This hallmark of State
minor, or commit him to any suitable home for children.
participation differentiates an enforced disappearance
case from an ordinary case of missing person.
Court may order either or both parents to give an amount
necessary for the support, maintenance, and education
In proper circumstances, the State or any of its relevant
of the minor, irrespective of who may be its custodian.
agencies may be impleaded, otherwise, the rule on the
writ of amparo may be rendered ineffective or toothless.
Basis for determining the amount of support:
1. Financial resources of the custodial and non-
Memorandum is a prohibited pleading.
custodial parent and those of the minor
2. Physical and emotional health, special needs,
Petition may be filed by the aggrieved party or by
and aptitude of the minor,
any qualified person or entity in the following order:
3. Standard of living the minor has been
1. Any member of the immediate family
accustomed to
2. Any ascendant, descendant, or collateral relative
4. Non-monetary contributions that the parents
within the 4th civil degree of consanguinity or
would make toward the care and well-being of
affinity in the default of no. 1
the minor.
3. Any concerned citizen, organization, association,
or institution, if there is no known member of the
NO appeal from decision shall be allowed unless the
immediate family or relative
appellant has filed a motion for reconsideration or
new trial within 15 days from the notice of judgment.
Petition may be filed on any day and at any time with
the RTC of the place where the threat, act, or
Writ of Amparo:
omission was committed or any of its elements
occurred, or with the Sandiganbayan, the Court of
Appeals, the Supreme Court, or any justice of such
courts. May be filed on any day and also at any time
considering that such is the protection of the mother of
all rights, the right to life.
Upon filing of the petition, the court, justice or judge,
shall immediately order the issuance of the writ if, on its
face, it ought to issue.
General denial of the allegations shall not be
allowed. All defenses shall be raised in the return.
If respondent fail to file a return, judge shall proceed
to hear the petition ex parte or even without the
appearance of the respondent.
Prohibited pleadings:
1. Motion to dismiss
2. Motion for extension of time
3. Dilatory motion for postponement
4. Motion for bill of particulars
5. Counterclaim or cross claim
6. Third paty complaint
7. Reply
8. Moption to declare respondent in default
9. Intervention
10. Memorandum
11. Motion for reconsideration of interlocutory order
12. Petition for certiorari, mamdamus, or prohibition
against any interlocutory order
Hearing on the petition shall be summary. However,
judge may call for a preliminary conference to simplify
the issues.
Interim reliefs available to the petitioner:
1. Temporary protection order
2. Inspection order
3. Production order
4. Witness protection order
- Intended to assist the court before it arrives as a
judicious determination of the amparo petition,
Hold departure order may not be issued.
Inspection and Production orders are interim relief
available to the respondent.
Respondent public official or employee cannot invoke
the presumption that official duty has been regularly
performed. Must prove extraordinary diligence as
required by applicable laws, rules, and regulations was
observed in the performance of duty.
The court shall render judgment within ten days from the
petition is submitted for decision.
The appeal may raise questions of law and fact, an
amparo proceeding essentially involves a determination
of facts considering that its subject is extralegal killings
or enforced disappearances.
When the petitioner failed on the part of the petitioner or
witnesses to appear due to threats on their lives, the
court shall not dismiss the petition but archive it.
The rule shall not preclude the filing of separate criminal
civil or administrative actions. However, when a criminal
action has been commenced, no separate petition for the
writ shall be filed, but the reliefs under the writ shall be
available by motion in the criminal case, and the
procedure under the rule shall govern the disposition of
the reliefs available under the writ of amparo.
When a criminal action and a separate civil action are
filed subsequent to a petition for a writ of amparo, the
latter shall be consolidated with the criminal actions.
Archiving of cases is a procedural measure designed to
temporarily defer the hearing of cases in which no
immediate action is expected, but where no grounds
exist for their outright dismissal. Inactive case is kept
alive but held in abeyance until the situation obtains in
which action thereon can be taken.
Change of Name:
Subject matter: Change of FULL name
May be filed by a person desiring to change his name.
Shall be filed in the RTC of the province wherein the
petitioner resides for three years prior to filing or in
the city of Manila, to the Juvenile and Domestic Court.
Grounds:
1. Name is ridiculous, tainted with dishonor and
extremely difficult to write or pronounce
2. Consequence of change of status
3. Necessity to avoid confusion
4. Having continuously used and been known since
childhood by a Filipino name, unaware of her
alien parentage
5. A sincere desire to adopt a Filipino name to
erase signs of former alienage all in good faith
and without prejudicing anybody
It is a judicial proceeding
Notice and publication at least once a week for three
consecutive weeks in some newspaper of general
circulation
The Solicitor General or the proper provincial or city
fiscal shall appear on behalf of the government of the
republic
Appeal may be filed with the Court of Appeals.
Proceeding in rem.
Person’s name is composed of:
1. Christian name
2. Family surname
Real name refers to the one given to him in the civil
registry.
Surname may only be changed pursuant to Rule 103 of
the RROC.
PRIVILEGE, not a matter of right
- Proper and reasonable cause must exist before
a person may be authorized to change his name
May be opposed by any interested person, and Republic
of the Philippines through Solicitor General.
Cancellation or Correction of Entries in the Civil
Register
Subject of Correction:
1. Birth
2. Marriages
3. Deaths
4. Legal separations
5. Judgements of annulment of marriages
 6. Judgements declaring marriages void ab initio
7. Legitimations
8. Adoptions
9. Acknowledgments of natural children
10. Naturalization
11. Election, loss or recovery of citizenship
12. Civil interdiction
13. Judicial determination of filiation
14. Voluntary emancipation of minor
15. Changes of name
Verified petition must be filed before the RTC where the
civil registry is located.
Any person interested in any act, event, order, or
decree concerning the civil status of persons which has
been recorded in the civil register.
Corrections may be effected:
1. Through an administrative proceeding
a. Clerical or typographical error of first name
and change of first name or nickname (RA 9048)
b. Correction of Day and month of birth or sex of
a person where it is patently clear that there was
clerical or typographical error (RA 10172)
2. Through a judicial proceeding
a. Clerical and substantial errors
b. Clerical errors are subject of judicial
proceeding if denied in the administrative
proceeding, or the subject of correction is the
last name or surname.
• Summary
• When the correction sought is mere
clerical except for first names.
• Adversary
• Where the rectification affects the civil
status, citizenship, or nationality of a
party, it is deemed to be substantial.
Correction or change of the entry in the birth certificate
cannot be granted by reasons of sex change.
However, if the change is caused by congenital
adrenal hyperplasia, the court may grant such
correction or change being sought.
Recognition of foreign judgment only requires proof of
fact of the judgment; it may be made in a special
proceeding for cancellation or correction of entries in the
civil registry as it seeks to establish a status, a right, or a
particular fact which the state has an interest in
recording.
Appeal:
- An Interested person may appeal in special
proceeding from an order or judgment rendered
by the court.
- The Interest of the person must be material and
direct, not merely indirect or contingent.
- When the person has no material and direct
interest, he is precluded from appealing and
order or judgment of the court.
- The Right to appeal is a mere statutory privilege,
and should be exercised only in the manner
prescribed by law.
- The statutory nature of the right to appeal
requires the one who avails himself of it to
strictly comply with the statutes or rules that are
considered indispensable interdictions against
needless delays and for an orderly discharge of
judicial business.
- In the absence of highly exceptional
circumstances warranting their relaxation, like
when the loftier demands of substantial justice
and equity require the relaxation, or when there
are other special and meritorious circumstances
and issues, such statutes or rules should remain
inviolable.

Parties:
• The petitioner
• All persons who have claim or interest which
would be affected thereby.
• The civil registrar
• The local civil registrar must be
impleaded as he is an indispensable
party without whom, no final
determination of the case can be had.
• The inescapable consequence of the
failure to implead the civil registrar is
that the RTC will not acquire jurisdiction
over the case or if the proceedings were
conducted, to render the same a nullity.

Jurisdictional Requirement:
• Venue
• Civil registrar and all persons who have claim of
any interest must be made parties
• Notice of hearing must be published in a
newspaper of general circulation at least once a
week for 3 consecutive weeks.

Procedural Requirement:
• Verified petition
• Names of all persons who have claim of any
interest which would be affected
• Issuance of an order fixing the time and place of
hearing
• Reasonable notice to the parties named in the
petition
• Publication of the order once a week for three
consecutive weeks in a newspaper of general
circulation