Special Proceedings Provisions Final Exam
Anastasia Beaverhausen
Guardianship and Custody of Children
Rule 92-97, AM 3-2-5-SC, AM 3-4-4-SC
RULE 92
Venue
Section 1. Where to institute proceedings. — Guardianship of a person
or estate of a minor or incompetent may be instituted in the Court of
First Instance of the province, or in the justice of the peace court of
the municipality, or in the municipal court chartered city where the
minor or incompetent persons resides, and if he resides in a foreign
country, in the Court of First Instance of the province wherein his
property or the party thereof is situated; provided, however, that
where the value of the property of such minor or incompetent exceeds
that jurisdiction of the justice of the peace or municipal court, the
proceedings shall be instituted in the Court of First Instance.
In the City of Manila the proceedings shall be instituted in the Juvenile
and Domestic Relations Court.
Section 2. Meaning of word "incompetent." — Under this rule, the word
"incompetent" includes persons suffering the penalty of civil
interdiction or who are hospitalized lepers, prodigals, deaf and dumb
who are unable to read and write, those who are of unsound mind,
even though they have lucid intervals, and persons not being of
unsound mind, but by reason of age, disease, weak mind, and other
similar causes, cannot, without outside aid, take care of themselves
and manage their property, becoming thereby an easy prey for deceit
and exploitation.
Section 3. Transfer of venue. — The court taking cognizance of a
guardianship proceeding, may transfer the same to the court of
another province or municipality wherein the ward has acquired real
property, if he has transferred thereto his bona-fide residence, and the
latter court shall have full jurisdiction to continue the proceedings,
without requiring payment of additional court fees.
RULE 93
Appointment of Guardians
Section 1. Who may petition for appointment of guardian for resident.
— Any relative, friend, or other person on behalf of a resident minor or
incompetent who has no parent or lawful guardian, or the minor
himself if fourteen years of age or over, may petition the court having
jurisdiction for the appointment of a general guardian for the person or
estate, or both, of such minor or incompetent. An officer of the Federal
Administration of the United States in the Philippines may also file a
petition in favor of a ward thereof, and the Director of Health, in favor
of an insane person who should be hospitalized, or in favor of an
isolated leper.
Section 2. Contents of petition. — A petition for the appointment of a
general guardian must show, so far as known to the petitioner:
(a) The jurisdiction facts;
(b) The minority or incompetency rendering the appointment
necessary or convenient;
(c) The names, ages, and residence of the relatives of the minor or
incompetent, and of the person having him in their care;
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of guardianship.
The petition shall be verified; but no defect in the petition or
verification shall render void the issuance of letters of guardianship.
Section 3. Court to set time for hearing. Notice thereof. — When a
petition for the appointment of a general guardian is filed, the court
shall fix a time and place for hearing the same, and shall cause
reasonable notice thereof to be given to the persons mentioned in the
petition residing in the province, including the minor if above 14 years
of age or the incompetent himself, and may direct other general or
special notice thereof to be given.
Section 4. Opposition to petition. — Any interested person may, by
filing a written opposition, contest the petition on the ground of
majority of the alleged minor, competency of the alleged incompetent,
or the insuitability of the person for whom letters are prayed, and may
pray that the petition be dismissed, or that letters of guardianship
issue to himself, or to any suitable person named in the opposition.
Section 5. Hearing and order for letters to issue. — At the hearing of
the petition the alleged in competent must be present if able to attend,
and it must be shown that the required notice has been given.
Thereupon the courts shall hear the evidence of the parties in support
of their respective allegations, and, if the person in question is a
minor, or incompetent it shall be appoint a suitable guardian of his
person or estate, or both, with the powers and duties hereinafter
specified.
Section 6. When and how guardian for non-resident appointed. Notice.
— When a person liable to be put under guardianship resides without
the Philippines but the estate therein, any relative or friend of such
person, or any one interested in his estate, in expectancy or otherwise,
may petition a court having jurisdiction for the appointment of a
guardian for the estate, and if, after notice given to such person and in
such manner as the court deems proper, by publication or otherwise,
and hearing, the court is satisfied that such non-resident is a minor or
incompetent rendering a guardian necessary or convenient, it may
appoint a guardian for such estate.
Section 7. Parents as guardians. — When the property of the child
under parental authority is worth two thousand pesos or less, the
father of the mother, without the necessity of court appointment, shall
be his legal guardian. When the property of the child is worth more
than two thousand pesos, the father or the mother shall be considered
guardian of the child's property, with the duties and obligations of
guardians under this rules, and shall file the petition required by
section 2 hereof. For good reasons the court may, however, appoint
another suitable person.
Section 8. Service of judgment. — Final orders or judgments under
this rule shall be served upon the civil registrar of the municipality or
city where the minor or incompetent person resides or where his
property or part thereof is situated.
RULE 94
Bonds of Guardians
Section 1. Bond to be given before issuance of letters. Amount.
Condition. — Before a guardian appointed enters upon the execution of
his trust, or letters of guardianship issue, he shall give a bond, in such
sum as the court directs, conditioned as follows:
(a) To make and return to the court, within three (3) months, a true
and complete inventory of all the estate, real and personal, of his ward
which shall come to his possession or knowledge of any other person
for him;
(b) 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;
(c) 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 courts directs, and at the
expiration of his trust to settle his accounts with the court and deliver
and pay over all the estate, effects, and moneys remaining in his
hands, or due from him on such settlement, to the person lawfully
entitled thereto;
(d) To perform all orders of the court by him to be performed.
Section 2. When new bond may be required and old sureties
discharged. — Whenever it is deemed necessary, the court may
require a new bond to be given by the guardian, and may discharge
the sureties on the old bond from further liability, after due notice to
interested persons, when no injury can result therefrom to those
interested in the estate.
Section 3. Bonds to be filed. Actions thereon. — Every bond given by a
guardian shall be filed in the office of the clerk of the court, and, in
case of the breach of a condition thereof, may be prosecuted in the
same proceeding or in a separate action for the use and benefit of the
ward or of any other person legally interested in the estate.
RULE 95
Selling and Encumbering Property of Ward
Section 1. Petition of guardian for leave to sell or encumber estate. —
When the income of the estate under guardianship is insufficient to
maintain the ward and his family, or to maintain and educate the ward
when a minor, or when it appears that it is for the benefit of the ward
that his real estate or some part thereof be sold, or mortgaged or
otherwise encumbered, and the proceeds thereof put out at interest,
or invested in some productive security, or in the improvement or
security or other real estate of the ward, the guardian may present a
verified petition to the court by which he was appointed setting forth
such facts, and praying that an order issue authorizing the sale or
encumbrance.
Section 2. Order to show cause thereupon. — If it seems probable that
such sale or encumbrance is necessary, or would be beneficial to the
ward, the court shall make an order directing the next of kin of the
ward, and all persons interested in the estate, to appear at a
reasonable time and place therein specified to show cause why the
prayer of the petition should not be granted.
Section 3. Hearing on return of order. Costs. — At the time and place
designated in the order to show cause, the court shall hear the proofs
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen
and allegations of the petitioner and next of kin, and other persons
interested, together with their witnesses, and grant and refuse the
prayer of the petition as the best interest of the ward require. The
court shall make such order as to cost of the hearing as may be just.
Section 4. Contents of order for sale or encumbrance, and how long
effective. Bond. — If, after full examination, it appears that it is
necessary, or would be beneficial to the ward, to sell or encumber the
estate, or some portion of it, the court shall order such sale or
encumbrance and that the proceeds thereof be expended for the
maintenance of the ward and his family, or the education of the ward,
if a minor, or for the putting of the same interest, or the investment of
the same as the circumstances may require. The order shall specify
the causes why the sale or encumbrance is necessary or beneficial,
and may direct that estate ordered sold be disposed of at either public
or private sale, subject to such conditions as to the time and manner
of payment, and security where a part of the payment is deferred as in
the discretion of the court are deemed most beneficial to the ward. The
original bond of the guardian shall stand as security for the proper
appropriation of the proceeds of the sale, but the judge may, if
deemed expedient, require an additional bond as a condition for the
granting of the order of sale. No order of sale granted in pursuance of
this section shall continue in force more than one (1) year after
granting the same, without a sale being had.
Section 5. Court may order investment of proceeds and direct
management of estate. — The court may authorize and require the
guardian to invest the proceeds of sales or encumbrances, and any
other of his ward's money in his hands, in real estate or otherwise, as
shall be for the best interest of all concerned, and may make such
other orders for the management, investment, and disposition of the
estate and effects, as circumstances may require.
RULE 96
General Powers and Duties of Guardians
Section 1. To what guardianship shall extend. — A guardian appointed
shall have the care and custody of the person of his ward, and the
management of his estate, or the manangement of the estate only, as
the case may be. The guardian of the estate of a non-resident shall
have the management of all the estate of the ward within the
Philippines, and no court other than that in which such guardian was
appointed shall have jurisdiction over the guardianship.
Section 2. Guardian to pay debts of ward. — Every guardian must pay
the ward's just debts out of his personal estate and the income of his
real estate, if sufficient; if not, then out of his real estate upon
obtaining an order for the sale or encumbrance thereof.
Section 3. Guardian to settle accounts, collect debts, and appear in
actions for ward. — A guardian must settle all accounts of his ward,
and demand, sue for, and receive all debts due him, or may, with the
approval of the court, compound for the same and give discharges to
the debtor, on receiving a fair and just dividend of the estate and
effects; and he shall appear for and represent his ward in all actions
and special proceedings, unless another person be appointed for that
purpose.
Section 4. Estate to be managed frugally, and proceeds applied to
maintenance of ward. — A guardian must manage the estate of his
ward frugally and without the waste, and apply the income and profits
thereof, so far as may be necessary, to the comfortable and suitable
maintenance of the ward and his family, if there be any; and if such
income and profits be insufficient for that purpose, the guardian may
sell or encumber the real estate, upon being authorized by order so to
do, and apply to such of the proceeds as may be necessary to such
maintenance.
Section 5. Guardian may be authorized to join in partition proceedings
after hearing. — The court may authorized the guardian to join in an
assent to a partition of real or personal estate held by the ward jointly
or in common with others, but such authority shall only be granted
after hearing, upon such notice to relatives of the ward as the court
may direct, and a careful investigation as to the necessity and
propriety of the proposed action.
Section 6. Proceedings when the person suspected of embezzling or
concealing property of ward. — Upon complaint of the guardian or
ward, or of any person having actual or prospective interest in the
estate of the ward as creditor, heir, or otherwise, that anyone is
suspected of having embezzled, concealed, or conveyed away any
money, goods, or interest, or a written instrument, belonging to the
ward or his estate, the court may cite the suspected person to appear
for examination touching such money, goods, interest, or instrument,
and make such orders as will secure the estate against such
embezzlement, concealment or conveyance.
Section 7. Inventories and accounts of guardians, and appraisement of
estates. — A guardian must render to the court an inventory of the
estate of his ward within three (3) months after his appointment, and
annually after such appointment an inventory and account, the
rendition of any of which may be compelled upon the application of an
interested person. Such inventories and accounts shall be sworn to by
the guardian. All the estate of the ward described in the first inventory
shall be appraised. In the appraisement the court may request the
assistance of one or more of the inheritance tax appraisers. And
whenever any property of the ward not included in an inventory
already rendered is discovered, or suceeded to, or acquired by the
ward, like proceedings shall be had for securing an inventory and
appraisement thereof within three (3) months after such discovery,
succession, or acquisition.
Section 8. When guardian's accounts presented for settlement.
Expenses and compensation allowed. — Upon the expiration of a year
from the time of his appointment, and as often thereafter as may be
required, a guardian must present his account to the court for
settlement and allowance. In the settlement of the account, the
guardian, other than a parent, shall be allowed the amount of his
reasonable expenses incurred in the execution of his trust and also
such compensation for his services as the court deems just, not
exceeding fifteen per centum of the net income of the ward.
RULE 97
Termination of Guardianship
Section 1. Petition that competency of ward be adjudged, and
proceedings thereupon. — A person who has been declared
incompetent for any reason, or his guardian, relative, or friend, may
petition the court to have his present competency judicially
determined. The petition shall be verified by oath, and shall state that
such person is then competent. Upon receiving the petition, the court
shall fix a time for hearing the questions raised thereby, and cause
reasonable notice thereof to be given to the guardian of the person so
declared incompetent, and to the ward. On the trial, the guardian or
relatives of the ward, and, in the discretion of the court, any other
person, may contest the right to the relief demanded, and witnesses
may be called and examined by the parties or by the court on its own
motion. If it be found that the person is no longer incompetent, his
competency shall be adjudged and the guardianship shall cease.
Section 2. When the guardian removed or allowed to resign. New
appointment. — When a guardian becomes insane or otherwise
incapable of discharging his trust or unsuitable therefor, or has wasted
or mismanaged the estate, or failed for thirty (30) days after it is due
to render an account or make a return, the court may, upon
reasonable notice to the guardian, remove him, and compel him to
surrender the estate of the ward to the person found to be lawfully
entitled thereto. A guardian may resign when it appears proper to
allow the same; and upon his resignation or removal the court may
appoint another in his place.
Section 3. Other termination of guardianship. — The marriage or
voluntary emancipation of a minor ward terminates the guardianship of
the peson of the ward, and shall enable the minor to administer his
property as though he were of age, but he cannot borrow the money
or alienate or encumber real property without the consent of his father
or mother, or guardian. He can sue and be sued in court only with the
assistance of his father, mother or guardian. The guardian of any
person may be discharged by the court when it appears, upon the
application of the ward or otherwise, that the guardianship is no longer
necessary.
Section 4. Record to be kept by the justice of the peace or municipal
judge. — When a justice of the peace or municipal court takes
cognizance of the proceedings in pursuance of the provisions of these
rules, the record of the proceedings shall be kept as in the Court of
First Instance.
Section 5. Service of judgment. — Final orders of judgments under this
rule shall be served upon the civil registrar of the municipality or city
where the minor or incompetent person resides or where his property
or part thereof is situated.
AM 3-2-5-SC
RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS
Section 1. Applicability of the Rule. – This Rule shall apply to petitions
for guardianship over the person or property, or both, of a minor. chan
robles virtual law library
The father and the mother shall jointly exercise legal guardianship
over the person and property of their unemancipated common child
without the necessity of a court appointment. In such case, this Rule
shall be suppletory to the provisions of the Family Code on
guardianship.cralaw
Sec. 2. Who may petition for appointment of guardian. – On grounds
authorized by law, any relative or other person on behalf of a minor, or
the minor himself if fourteen years of age or over, may petition the
Family Court for the appointment of a general guardian over the
person or property, or both, of such minor. The petition may also be
filed by the Secretary of Social Welfare and Development and by the
Secretary of Health in the case of an insane minor who needs to be
hospitalized. chan robles virtual law library
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen
Sec. 3. Where to file petition. – A petition for guardianship over the
person or property, or both, of a minor may be filed in the Family
Court of the province or city where the minor actually resides. If he
resides in a foreign country, the petition shall be flied with the Family
Court of the province or city where his property or any part thereof is
situated.cralaw
Sec. 4. Grounds of petition. - The grounds for the appointment of a
guardian over the person or property, or both, of a minor are the
following:chanroblesvirtuallawlibrary
(a) death, continued absence, or incapacity of his parents;
(b) suspension, deprivation or termination of parental authority; chan
robles virtual law library
(c) remarriage of his surviving parent, if the latter Is found unsuitable
to exercise parental authority; or
(d) when the best interests of the minor so require.cralaw
Sec. 5. Qualifications of guardians. – In appointing a guardian, the
court shall consider the guardian’s:chanroblesvirtuallawlibrary
(a) moral character; chan robles virtual law library
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor; chan robles virtual law library
(e) availability to exercise the powers and duties of a guardian for the
full period of the guardianship;
(f) lack of conflict of interest with the minor; and cralaw
(g) ability to manage the property of the minor.cralaw
Sec. 6. Who may be appointed guardian of the person or property, or
both, of a minor. – In default of parents or a court-appointed guardian,
the court may appoint a guardian of the person or property, or both, of
a minor, observing as far as practicable, the following order of
preference:chanroblesvirtuallawlibrary
(a) the surviving grandparent and In case several grandparents
survive, the court shall select any of them taking Into account all
relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years of
age, unless unfit or disqualified;
(c) the actual custodian of the minor over twenty-one years of age,
unless unfit or disqualified; and cralaw
(d) any other person, who in the sound discretion of the court, would
serve the best interests of the minor.cralaw
Sec. 7. Contents of petition. – A petition for the appointment of a
general guardian must allege the following:chanroblesvirtuallawlibrary
(a) The jurisdictional facts;
(b) The name, age and residence of the prospective ward; chan robles
virtual law library
(c) The ground rendering the appointment necessary or convenient;
chan robles virtual law library
(d) The death of the parents of the minor or the termination,
deprivation or suspension of their parental authority;
(e) The remarriage of the minor’s surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil
degree of the minor, and of persons having him in their care and
custody;
(g) The probable value, character and location of the property of the
minor; and cralaw
(h) The name, age and residence of the person for whom letters of
guardianship are prayed.cralaw
The petition shall be verified and accompanied by a certification
against forum shopping. However, no defect in the petition or
verification shall render void the issuance of letters of guardianship.
Sec. 8. Time and notice of hearing. – When a petition for the
appointment of a general guardian is filed, the court shall fix a time
and place for its hearing, and shall cause reasonable notice to be given
to the persons mentioned in the petition, including the minor if he is
fourteen years of age or over, and may direct other general or special
notice to be given.cralaw
Sec. 9. Case study report. – The court shall order a social worker to
conduct a case study of the minor and all the prospective guardians
and submit his report and recommendation to the court for its
guidance before the scheduled hearing. The social worker may
intervene on behalf of the minor if he finds that the petition for
guardianship should be denied. chan robles virtual law library
Sec. 10. Opposition to petition. – Any interested person may contest
the petition by filing a written opposition based on such grounds as the
majority of the minor or the unsuitability of the person for whom
letters are prayed, and pray that the petition be denied, or that letters
of guardianship issue to himself, or to any suitable person named in
the opposition.cralaw
Sec. 11. Hearing and order for letters to issue. – At the hearing of the
petition, it must be shown that the requirement of notice has been
complied with. The prospective ward shall be presented to the court.
The court shall hear the evidence of the parties in support of their
respective allegations. If warranted, the court shall appoint a suitable
guardian of the person or property, or both, of the minor. chan robles
virtual law library
At the discretion of the court, the hearing on guardianship may be
closed to the public and the records of the case shall not be released
without its approval.cralaw
Sec. 12. When and how a guardian of the property for non-resident
minor is appointed; notice. – When the minor resides outside the
Philippines but has property in the Philippines, any relative or friend of
such minor, or any one interested in his property, in expectancy or
otherwise, may petition the Family Court for the appointment of a
guardian over the property.cralaw
Notice of hearing of the petition shall be given to the minor by
publication or any other means as the court may deem proper. The
court may dispense with the presence of the non-resident minor.cralaw
If after hearing the court is satisfied that such non-resident is a minor
and a guardian is necessary or convenient, it may appoint a guardian
over his property. chan robles virtual law library
Sec. 13. Service of final and executory judgment or order. – The final
and executory judgment or order shall be served upon the Local Civil
Registrar of the municipality or city where the minor resides and the
Register of Deeds of the place where his property or part thereof is
situated shall annotate the same in the corresponding title, and report
to the court his compliance within fifteen days from receipt of the
order.cralaw
Sec. 14. Bond of guardian; amount; conditions. - Before he enters
upon the execution of his trust, or letters of guardianship issue, an
appointed guardian may be required to post a bond in such sum as the
court shall determine and conditioned as
follows:chanroblesvirtuallawlibrary
(a) To make and return to the court, within three months after the
issuance of his letters of guardianship, a true and complete Inventory
of all the property, real and personal, of his ward which shall come to
his possession or knowledge or to the possession or knowledge of any
other person in his behalf;
(b) To faithfully execute the duties of his trust, to manage and
dispose of the property according to this rule for the best interests of
the ward, and to provide for his proper care, custody and education;
(c) To render a true and Just account of all the property 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 this rule and such other times as the court directs; and at the
expiration of his trust, to settle his accounts with the court and deliver
and pay over all the property, effects, and monies remaining in his
hands, or due from him on such settlement, to the person lawfully
entitled thereto; and chan robles virtual law library
(d) To perform all orders of the court and such other duties as may
be required by law.cralaw
Sec. 15. Where to file the bond; action thereon. – The bond posted by
a guardian shall be filed in the Family Court and, In case of breach of
any of its conditions, the guardian may be prosecuted in the same
proceeding for the benefit of the ward or of any other person legally
interested in the property.
Whenever necessary, the court may require the guardian to post a
new bond and may discharge from further liability the sureties on the
old bond after due notice to interested persons, if no injury may result
therefrom to those interested in the property. chan robles virtual law
library
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen
Sec. 16. Bond of parents as guardians of property of minor. – If the
market value of the property or the annual Income of the child
exceeds P50,000.00, the parent concerned shall furnish a bond In such
amount as the court may determine, but in no case less than ten per
centurn of the value of such property or annual income, to guarantee
the performance of the obligations prescribed for general
guardians.cralaw
A verified petition for approval of the bond shall be flied in the Family
Court of the place where the child resides or, if the child resides in a
foreign country, in the Family Court of the place where the property or
any part thereof is situated.cralaw
The petition shall be docketed as a summary special proceeding In
which all incidents and issues regarding the performance of the
obligations of a general guardian shall be heard and resolved. chan
robles virtual law library
Sec. 17. General duties of guardian. – A guardian shall have the care
and custody of the person of his ward and the management of his
property, or only the management of his property. The guardian of the
property of a nonresident minor shall have the management of all his
property within the Philippines.cralaw
A guardian shall perform the following
duties:chanroblesvirtuallawlibrary
(a) To pay the just debts of the ward out of the personal property and
the income of the real property of the ward, If the same is sufficient;
otherwise, out of the real property of the ward upon obtaining an order
for its sale or encumbrance;
(b) To settle all accounts of his ward, and demand, sue for, receive all
debts due him, or may, with the approval of the court, compound for
the same and give discharges to the debtor on receiving a fair and just
dividend of the property and effects; and to appear for and represent
the ward in all actions and special proceedings, unless another person
is appointed for that purpose;
(c) To manage the property of the ward frugally and without waste,
and apply the income and profits thereon, insofar as may be
necessary, to the comfortable and suitable maintenance of the ward;
and if such income and profits be insufficient for that purpose, to sell
or encumber the real or personal property, upon being authorized by
the court to do so;
(d) To consent to a partition of real or personal property owned by the
ward jointly or in common with others upon authority granted by the
court after hearing, notice to relatives of the ward, and a careful
investigation as to the necessity and propriety of the proposed action;
(e) To submit to the court a verified inventory of the property of his
ward within three months after his appointment, and annually
thereafter, the rendition of which may be required upon the application
of an interested person; chan robles virtual law library
(f) To report to the court any property of the ward not included in the
inventory which is discovered, or succeeded to, or acquired by the
ward within three months after such discovery, succession, or
acquisition; and cralaw
(g) To render to the court for its approval an accounting of the
property one year from his appointment, and every year thereafter or
as often as may be required.cralaw
Sec. 18. Power and duty of the court – The court may: chan robles
virtual law library
(a) Request the assistance of one or more commissioners in the
appraisal of the property of the ward reported in the initial and
subsequent inventories;
(b) Authorize reimbursement to the guardian, other than a parent, of
reasonable expenses incurred in the execution of his trust, and allow
payment of compensation for his services as the court may deem just,
not exceeding ten per centum of the net income of the ward, if any;
otherwise, in such amount the court determines to be a reasonable
compensation for his services; and cralaw
(c) Upon complaint of the guardian or ward, or of any person having
actual or prospective interest in the property at the ward, require any
person suspected of having embezzled, concealed, or disposed of any
money, goods or interest, or a written instrument belonging to the
ward or his property to appear for examination concerning any thereof
and issue such orders as would secure the property against such
embezzlement, concealment or conveyance.cralaw
Sec. 19. Petition to sell or encumber property. - When the income of a
property under guardianship is insufficient to maintain and educate the
ward, or when it is for his benefit that his personal or real property or
any part thereof be sold, mortgaged or otherwise encumbered, and the
proceeds invested in safe and productive security, or in the
improvement or security of other real property, the guardian may file a
verified petition setting forth such facts, and praying that an order
issue authorizing the sale or encumbrance of the property. chan robles
virtual law library
Sec. 20. Order to show cause. – If the sale or encumbrance is
necessary or would be beneficial to the ward, the court shall order his
next of kin and all person/s interested in the property to appear at a
reasonable time and place therein specified and show cause why the
petition should not be granted.cralaw
Sec. 21. Hearing on return of order; costs. – At the time and place
designated in the order to show cause, the court shall hear the
allegations and evidence of the petitioner and next of kin, and other
persons interested, together with their witnesses, and grant or deny
the petition as the best interests of the ward may require.cralaw
Sec. 22. Contents of order for sale or encumbrance and its duration;
bond. – If, after full examination, it is necessary, or would be
beneficial to the ward, to sell or encumber the property, or some
portion of it, the court shall order such sale or encumbrance the
proceeds of which shall be expended for the maintenance or the
education of the ward, or invested as the circumstances may require.
The order shall specify the grounds for the sale or encumbrance and
may direct that the property ordered sold be disposed of at public sale,
subject to such conditions as to the time and manner of payment, and
security where a part of the payment is deferred. The original bond of
the guardian shall stand as security for the proper appropriation of the
proceeds of the sale or encumbrance, but the court may, if deemed
expedient, require an additional bond as a condition for the sale or
encumbrance. The authority to sell or encumber shall not extend
beyond one year, unless renewed by the court. chan robles virtual law
library
Sec. 23. Court may order investment of proceeds and direct
management of property. – The court may authorize and require the
guardian to invest the proceeds of sales or encumbrances, and any
other money of his ward in his hands, in real or personal property, for
the best interests of the ward, and may make such other orders for the
management, investment, and disposition of the property and effects,
as circumstances may warrant.cralaw
Sec. 24. Grounds for removal or resignation of guardian. – When a
guardian becomes insane or otherwise incapable of discharging his
trust or is found thereafter to be unsuitable, or has wasted or
mismanaged the property of the ward, or has failed to render an
account or make a return for thirty days after it is due, the court may,
upon reasonable notice to the guardian, remove him as such and
require him to surrender the property of the ward to the person found
to be lawfully entitled thereto.cralaw
The court may allow the guardian to resign for justifiable
causes.cralaw
Upon the removal or resignation of the guardian, the court shall
appoint a new one. chan robles virtual law library
No motion for removal or resignation shall be granted unless the
guardian has submitted the proper accounting of the property of the
ward and the court has approved the same.cralaw
Sec. 25. Ground for termination of guardianship. – The court motu
proprio or upon verified motion of any person allowed to file a petition
for guardianship may terminate the guardianship on the ground that
the ward has come of age or has died. The guardian shall notify the
court of such fact within ten days of its occurrence.cralaw
Sec. 26. Service of final and executory judgment or order. – The final
and executory judgment or order shall be served upon the Local Civil
Registrar of the municipality or city where the minor resides and the
Register of Deeds of the province or city where his property or any
part thereof is situated. Both the Local Civil Registrar and’ the Register
of Deeds shall enter the final and executory judgment or order in the
appropriate books in their offices.cralaw
Sec. 27. Effect of the rule. – This Rule amends Rules 92 to 97 inclusive
of the Rules of Court on guardianship of minors. Guardianship of
incompetents who are not minors shall continue to be under the
jurisdiction of the regular courts and governed by the Rules of
Court.
AM 3-4-4-SC
RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
SECTION 1. Applicability. - This rule shall apply to petitions for custody
of minors and writs of habeas corpus in relation thereto.
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who may file.- A verified
petition for the rightful custody of a minor may be filed by any person
claiming such right. The party against whom it may be filed shall be
designated as the respondent.
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Anastasia Beaverhausen
Section 3. Where to file petition. - The petition for custody of minors
shall be filed with the Family Court of the province or city where the
petitioner resides or where the minor may be found.
Section 4. Contents of petition. - The verified petition shall allege the
following:
(a) The personal circumstances of the petitioner and of the
respondent;
(b) The name, age and present whereabouts of the minor and his or
her relationship to the petitioner and the respondent;
(c) The material operative facts constituting deprivation of custody;
and
(d) Such other matters which are relevant to the custody of the minor.
The verified petition shall be accompanied by a certificate against
forum shopping, which the petitioner must sign personally.
Section 5. Summons; personal service on respondent. - If the court is
satisfied that the petition is sufficient in form and substance, it shall
direct the clerk of court to issue summons, which shall be served
together with a copy of the petition personally on the respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is not
allowed except on the ground of lack of jurisdiction over the subject
matter or over the parties. Any other ground that might warrant the
dismissal of the petition may be raised as an affirmative defense in the
answer.
Section 7. Verified Answer. - The respondent shall file an answer to the
petition, personally verified by him, within five days after service of
summons and a copy of the petition.
Section 8. Case study; duty of social worker. - Upon the filing of the
verified answer or the expiration of the period to file it, the court may
order a social worker to make a case study of the minor and the
parties and to submit a report and recommendation to the court at
least three days before the scheduled pre-trial.
Section 9. Notice of mandatory pre-trial. - Within fifteen days after the
filing of the answer or the expiration of the period to file answer, the
court shall issue an order: (1) fixing a date for the pre-trial
conference; (2) directing the parties to file and serve their respective
pre-trial briefs in such manner as shall ensure receipt thereof by the
adverse party at least three days before the date of pre-trial; and (3)
requiring the respondent to present the minor before the court.
The notice of its order shall be served separately on both the parties
and their respective counsels. The pre-trial is mandatory.
Section 10. Contents of pre-trial brief. - The pre-trial brief shall contain
the following:
(a) A statement of the willingness of the parties to enter into
agreements that may be allowed by law, indicating its terms;
(b) A concise statement of their respective claims together with the
applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating or describing its
nature and purpose;
(f) The number and names of the witnesses and their respective
affidavits which shall serve as the affiant's testimony on direct
examination; and
(g) Such other matters as the court may require to be included in the
pre-trial brief.
Failure to file the pre-trial brief or to comply with its required contents
shall have the same effect as failure to appear at the pre-trial.
Section 11. Effect of failure to appear at the pre-trial.-(a) If the
petitioner fails to appear personally at the pre-trial, the case shall be
dismissed, unless his counsel or a duly authorized representative
appears in court and proves a valid excuse for the non-appearance of
the petitioner.
(b) If the respondent has filed his answer but fails to appear at the
pre-trial, the petitioner shall be allowed to present his evidence ex
parte. The court shall then render judgment on the basis of the
pleadings and the evidence thus presented.
Section 12. What may be done at pre-trial. - At the pre-trial, the
parties may agree on the custody of the minor. If the parties fail to
agree, the court may refer the matter to a mediator who shall have
five days to effect an agreement between the parties. If the issue is
not settled through mediation, the court shall proceed with the pre-
trial conference, on which occasion it shall consider such other matters
as may aid in the prompt disposition of the petition.
Section 13. Provisional order awarding custody. - After an answer has
been filed or after expiration of the period to file it, the court may
issue a provisional order awarding custody of the minor. As far as
practicable, the following order of preference shall be observed in the
award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant considerations,
especially the choice of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit;
(c) The grandparent, or if there are several grandparents, the
grandparent chosen by the minor over seven years of age and of
sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
(d) The eldest brother or sister over twenty-one years of age, unless
he or she is unfit or disqualified;
(e) The actual custodian of the minor over twenty-one years of age,
unless the former is unfit or disqualified; or
(f) Any other person or institution the court may deem suitable to
provide proper care and guidance for the minor.
Section 14. Factors to consider in determining custody. - In awarding
custody, the court shall consider the best interests of the minor and
shall give paramount consideration to his material and moral welfare.
The best interests of the minor refer to the totality of the
circumstances and 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.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties may have bound
themselves to comply with respecting the rights of the minor to
maintain direct contact with the non custodial parent on a regular
basis, except when there is an existing threat or danger of physical,
mental, sexual or emotional violence which endangers the safety and
best interests of the minor;
(b) The desire and ability of one parent to foster an open and loving
relationship between the minor and the other parent;
(c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the person seeking
custody or who has had any filial relationship with the minor, including
anyone courting the parent;
(e) The nature and frequency of contact with both parents;
(f) Habitual use of alcohol, dangerous drugs or regulated substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional, spiritual, psychological and
educational environment for the holistic development and growth of
the minor; and
(i) The preference of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.
Section 15. Temporary visitation rights. - The court shall provide in its
order awarding provisional custody appropriate visitation rights to the
non-custodial parent or parents, unless the court finds said parent or
parents unfit or disqualified.
The temporary custodian shall give the court and non custodial parent
or parents at least five days' notice of any plan to change the
residence of the minor or take him out of his residence for more than
three days provided it does not prejudice the visitation rights of the
non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child subject of the
petition shall not be brought out of the country without prior order
from the court while the petition is pending.
The court, motu proprio or upon application under oath, may issue ex
parte a hold departure order, addressed to the Bureau of Immigration
and Deportation, directing it not to allow the departure of the minor
from the Philippines without the permission of the court.
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen
The Family Court issuing the hold departure order shall furnish the
Department of Foreign Affairs and the Bureau of Immigration and
Deportation of the Department of Justice a copy of the hold departure
order within twenty-four hours from its issuance and through the
fastest available means of transmittal.
The hold departure order shall contain the following information:
(a) The complete name (including the middle name), the date and
place of birth, the nationality and the place of last residence of the
person against whom a hold departure order has been issued or whose
departure from the country has been enjoined;
(b) The complete title and docket number of the case in which the hold
departure order was issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party against whom a hold
departure order has been issued or whose departure from the country
has been enjoined.
The court may recall the hold departure order motu proprio, or upon
verified motion of any of the parties after summary hearing, subject to
such terms and conditions as may be necessary for the best interests
of the minor.
Section 17. Protection Order. - The court may issue a Protection Order
requiring any person:
(a) To stay away from the home, school, business, or place of
employment of the minor, other parent or any other party, or from any
other specific place designated by the court;
(b) To cease and desist from harassing, intimidating, or threatening
such minor or the other parent or any person to whom custody of the
minor is awarded;
(c) To refrain from acts of commission or omission that create an
unreasonable risk to the health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court order
or a separation agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a
specified period of time in order to take personal belongings not
contested in a proceeding pending with the Family Court; and
(f) To comply with such other orders as are necessary for the
protection of the minor.
Section 18. Judgment. - After trial, the court shall render judgment
awarding the custody of the minor to the proper party considering the
best interests of the minor.
If it appears that both parties are unfit to have the care and custody of
the minor, the court may designate either the paternal or maternal
grandparent of the minor, or his oldest brother or sister, or any
reputable person to take charge of such minor, or commit him to any
suitable home for children.
In its judgment, the court may order either or both parents to give an
amount necessary for the support, maintenance and education of the
minor, irrespective of who may be its custodian. In determining the
amount of support, the court may consider the following factors: (1)
the financial resources of the custodial and non-custodial parent and
those of the minor; (2) the physical and emotional health, special
needs, and aptitude of the minor; (3) the standard of living the minor
has been accustomed to; and (4) the non-monetary contributions that
the parents would make toward the care and well-being of the minor.
The court may also issue any order that is just and reasonable
permitting the parent who is deprived of the care and custody of the
minor to visit or have temporary custody.
Section 19. Appeal. - No appeal from the decision shall be allowed
unless the appellant has filed a motion for reconsideration or new trial
within fifteen days from notice of judgment.
An aggrieved party may appeal from the decision by filing a Notice of
Appeal within fifteen days from notice of the denial of the motion for
reconsideration or new trial and serving a copy thereof on the adverse
parties.
Section 20. Petition for writ of habeas corpus. - A verified petition for a
writ of habeas corpus involving custody of minors shall be filed with
the Family Court. The writ shall be enforceable within its judicial region
to which the Family Court belongs.
However, the petition may be filed with the regular court in the
absence of the presiding judge of the Family Court, provided, however,
that the regular court shall refer the case to the Family Court as soon
as its presiding judge returns to duty.
The petition may also be filed with the appropriate regular courts in
places where there are no Family Courts.
The writ issued by the Family Court or the regular court shall be
enforceable in the judicial region where they belong.
The petition may likewise be filed with the Supreme Court, Court of
Appeals, or with any of its members and, if so granted, the writ shall
be enforceable anywhere in the Philippines. The writ may be made
returnable to a Family Court or to any regular court within the region
where the petitioner resides or where the minor may be found for
hearing and decision on the merits.
Upon return of the writ, the court shall decide the issue on custody of
minors. The appellate court, or the member thereof, issuing the writ
shall be furnished a copy of the decision.
Section 21. Confidentiality of proceedings. - The hearings on custody
of minors may, at the discretion of the court, be closed to the public
and the records of the case shall not be released to non-parties
without its approval.
AM 2-6-2-SC
Rule on Adoption
A.M. No. 02-6-02-SC
A. Domestic Adoption
Section 1. Applicability of the Rule.— This Rule covers the domestic
adoption of Filipino children.
Section 2. Objectives.—
(a) The best interests of the child shall be the paramount consideration
in all matters relating to his care, custody and adoption, in accordance
with Philippine laws, the United Nations (UN) Convention on the Rights
of the Child, UN Declaration on Social and Legal Principles Relating to
the Protection and Welfare of Children with Special Reference to Foster
Placement and Adoption, Nationally and Internationally, and the Hague
Convention on the Protection of Children and Cooperation in Respect of
Inter-country Adoption.
(b) The State shall provide alternative protection and assistance
through foster care or adoption for every child who is a foundling,
neglected, orphaned, or abandoned. To this end, the State shall:
(i) Ensure that every child remains under the care and custody of his
parents and is provided with love, care, understanding and security for
the full and harmonious development of his personality. Only when
such efforts prove insufficient and no appropriate placement or
adoption within the child’s extended family is available shall adoption
by an unrelated person be considered.
(ii) Safeguard the biological parents from making hasty decisions in
relinquishing their parental authority over their child;
(iii) Prevent the child from unnecessary separation from his biological
parents;
(iv) conduct public information and educational campaigns to promote
a positive environment for adoption;
(v) ensure that government and private sector agencies have the
capacity to handle adoption inquiries, process domestic adoption
applications and offer adoption-related services including, but not
limited to, parent preparation and post-adoption education and
counseling;
(vi) encourage domestic adoption so as to preserve the child’s identity
and culture in his native land, and only when this is not available shall
inter-country adoption be considered as a last resort; and
(vii) protect adoptive parents from attempts to disturb their parental
authority and custody over their adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of
the child as “legally available for adoption” and his custody transferred
to the Department of Social Welfare and Development or to any duly
licensed and accredited child-placing or child-caring agency, which
entity shall be authorized to take steps for the permanent placement
of the child.
Section 3. Definition of Terms.— For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time of
the filing of the petition for adoption.
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen

(b) “A child legally available for adoption” refers to a child who has
been voluntarily or involuntarily committed to the Department or to a
duly licensed and accredited child-placing or child-caring agency, freed
of the parental authority of his biological parents, or in case of
rescission of adoption, his guardian or adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and
willingly relinquish parental authority over him in favor of the
Department.
(t) “Biological Parents” refer to the child’s mother and father by
nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided by
professionally-trained social workers of the Department, the social
services units of local governments, private and government health
facilities, Family Courts, licensed and accredited child-caring and child-
placement agencies and other individuals or entities involved in
adoption as authorized by the Department.

(d) “Involuntarily committed child” is one whose parents, known or
unknown, have been permanently and judicially deprived of parental
authority over him due to abandonment; substantial, continuous or
repeated neglect and abuse; or incompetence to discharge parental
responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or
whose parents, guardian or relatives are unknown; or a
committed to an orphanage or charitable or similar institution
unknown facts of birth and parentage and registered in the
Register as a “foundling.”
(f) “Abandoned child” refers to one who has no proper parental care or
guardianship or whose parents have deserted him for a period of at
least six (6) continuous months and has been judicially declared as
such.
(g) “Dependent child” refers to one who is without a parent, guardian
or custodian or one whose parents, guardian or other custodian for
good cause desires to be relieved of his care and custody and is
dependent upon the public for support.
(v) “Residence” means a person’s actual stay in the Philippines for
three (3) continuous years immediately prior to the filing of a petition
for adoption and which is maintained until the adoption decree is
entered. Temporary absences for professional, business, health, or
emergency reasons not exceeding sixty (60) days in one (1) year does
not break the continuity requirement.
child
child (w) “Alien” refers to any person, not a Filipino citizen, who enters and
with remains in the Philippines and is in possession of a valid passport or
Civil travel documents and visa.
Section 4. Who may adopt.— The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity
and legal rights, of good moral character, has not been convicted of
any crime involving moral turpitude; who is emotionally and
psychologically capable of caring for children, at least sixteen (16)
years older than the adoptee, and who is in a position to support and
care for his children in keeping with the means of the family. The
requirement of a 16-year difference between the age of the adopter
and adoptee may be waived when the adopter is the biological parent
of the adoptee or is the spouse of the adoptee’s parent;

(h) “Neglected child” is one whose basic needs have been deliberately
(2) Any alien possessing the same qualifications as above-stated for
not attended to or inadequately attended to, physically or emotionally,
Filipino nationals: Provided, That his country has diplomatic relations
by his parents or guardian.
with the Republic of the Philippines, that he has been living in the
Philippines for at least three (3) continuous years prior to the filing of
(i) “Physical neglect” occurs when the child is malnourished, ill-clad
the petition for adoption and maintains such residence until the
and without proper shelter.
adoption decree is entered, that he has been certified by his diplomatic
or consular office or any appropriate government agency to have the
(j) “Emotional neglect” exists when a child is raped, seduced,
legal capacity to adopt in his country, and that his government allows
maltreated, exploited, overworked or made to work under conditions
the adoptee to enter his country as his adopted child. Provided,
not conducive to good health or made to beg in the streets or public
further, That the requirements on residency and certification of the
places, or placed in moral danger, or exposed to drugs, alcohol,
alien’s qualification to adopt in his country may be waived for the
gambling, prostitution and other vices.
following:

(k) “Child-placement agency” refers to an agency duly licensed and

(i) a former Filipino citizen who seeks to adopt a relative within the
accredited by the Department to provide comprehensive child welfare
fourth (4th) degree of consanguinity or affinity; or
services including, but not limited to, receiving applications for
adoption, evaluating the prospective adoptive parents and preparing
(ii) one who seeks to adopt the legitimate child of his Filipino spouse;
the adoption home study report.
or

(l) “Child-caring agency” refers to an agency duly licensed and

(iii) one who is married to a Filipino citizen and seeks to adopt jointly
accredited by the Department that provides 24-hour residential care
with his spouse a relative within the fourth (4th) degree of
services for abandoned, orphaned, neglected or voluntarily committed
consanguinity or affinity of the Filipino spouse.
children.
(3) The guardian with respect to the ward after the termination of the
(m) “Department” refers to the Department of Social Welfare and
guardianship and clearance of his financial accountabilities.
Development.
Husband and wife shall jointly adopt, except in the following cases:
(n) “Deed of Voluntary Commitment” refers to the written and
notarized instrument relinquishing parental authority and committing
(i) if one spouse seeks to adopt the legitimate child of one spouse by
the child to the care and custody of the Department executed by the
the other spouse; or
child’s biological parents or in their absence, mental incapacity or
death, by the child’s legal guardian, to be witnessed by an authorized
(ii) if one spouse seeks to adopt his own illegitimate child: Provided,
representative of the Department after counseling and other services
however, That the other spouse has signified his consent thereto; or
have been made available to encourage the biological parents to keep
the child.
(iii) if the spouses are legally separated from each other.

(o) “Child Study Report” refers to a study made by the court social
In case husband and wife jointly adopt or one spouse adopts the
worker of the child’s legal status, placement history, psychological,
illegitimate child of the other, joint parental authority shall be
social, spiritual, medical, ethno-cultural background and that of his
exercised by the spouses.
biological family needed in determining the most appropriate
placement for him.
Section 5. Who may be adopted.— The following may be adopted:

(p) “Home Study Report” refers to a study made by the court social
(1) Any person below eighteen (18) years of age who has been
worker of the motivation and capacity of the prospective adoptive
voluntarily committed to the Department under Articles 154, 155 and
parents to provide a home that meets the needs of a child.
156 of P.D. No. 603 or judicially declared available for adoption;

(q) “Supervised trial custody” refers to the period of time during which
(2) The legitimate child of one spouse, by the other spouse;
a social worker oversees the adjustment and emotional readiness of
both adopters and adoptee in stabilizing their filial relationship.
(3) An illegitimate child, by a qualified adopter to raise the status of
the former to that of legitimacy;
(r) “Licensed Social Worker” refers to one who possesses a degree in
bachelor of science in social work as a minimum educational
(4) A person of legal age regardless of civil status, if, prior to the
requirement and who has passed the government licensure
adoption, said person has been consistently considered and treated by
examination for social workers as required by Republic Act No. 4373.
the adopters as their own child since minority;

(s) “Simulation of birth” is the tampering of the civil registry to make it

(5) A child whose adoption has been previously rescinded; or
appear in the birth records that a certain child was born to a person
who is not his biological mother, thus causing such child to lose his
(6) A child whose biological or adoptive parents have died: Provided,
true identity and status.
That no proceedings shall be initiated within six (6) months from the
time of death of said parents.
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen
(7) A child not otherwise disqualified by law or these rules.
Section 6. Venue.— The petition for adoption shall be filed with the
Family Court of the province or city where the prospective adoptive
parents reside.
Section 7. Contents of the Petition.— The petition shall be verified and
specifically state at the heading of the initiatory pleading whether the
petition contains an application for change of name, rectification of
simulated birth, voluntary or involuntary commitment of children, or
declaration of child as abandoned, dependent or neglected.
(1) If the adopter is a Filipino citizen, the petition shall allege the
following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil capacity
and legal rights; is of good moral character; has not been convicted of
any crime involving moral turpitude; is emotionally and psychologically
capable of caring for children; is at least sixteen (16) years older than
the adoptee, unless the adopter is the biological parent of the adoptee
or is the spouse of the adoptee’s parent; and is in a position to support
and care for his children in keeping with the means of the family and
has undergone pre-adoption services as required by Section 4 of
Republic Act No. 8552.
(2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the
Philippines;
(d) That he has been certified by his diplomatic or consular office or
any appropriate government agency to have the legal capacity to
adopt in his country and his government allows the adoptee to enter
his country as his adopted child and reside there permanently as an
adopted child; and
(e) That he has been living in the Philippines for at least three (3)
continuous years prior to the filing of the petition and he maintains
such residence until the adoption decree is entered.
The requirements of certification of the alien’s qualification to adopt in
his country and of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the
fourth degree of consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth degree of consanguinity or affinity
of the Filipino spouse.
(3) If the adopter is the legal guardian of the adoptee, the petition
shall allege that guardianship had been terminated and the guardian
had cleared his financial accountabilities.
(4) If the adopter is married, the spouse shall be a co-petitioner for
joint adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the
other spouse signified written consent thereto, or
(c) if the spouses are legally separated from each other.
(5) If the adoptee is a foundling, the petition shall allege the entries
which should appear in his birth certificate, such as name of child, date
of birth, place of birth, if known; sex, name and citizenship of adoptive
mother and father, and the date and place of their marriage.
(6) If the petition prays for a change of name, it shall also state the
cause or reason for the change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the
adoptee as shown by his record of birth, baptismal or foundling
certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be
known and registered in the Civil Registry.
A certification of non-forum shopping shall be included pursuant to
Section 5, Rule 7 of the 1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth.— In case the petition also
seeks rectification of a simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of
Republic Act No. 8552 and the application for rectification of the birth
registration and the petition for adoption were filed within five years
from said date;
(c) The petitioner made the simulation of birth for the best interests of
the adoptee; and
(d) The adoptee has been consistently considered and treated by
petitioner as his own child.
Section 9. Adoption of a foundling, an abandoned, dependent or
neglected child.— In case the adoptee is a foundling, an abandoned,
dependent or neglected child, the petition shall allege:
(a) The facts showing that the child is a foundling, abandoned,
dependent or neglected;
(b) The names of the parents, if known, and their residence. If the
child has no known or living parents, then the name and residence of
the guardian, if any;
(c) The name of the duly licensed child-placement agency or individual
under whose care the child is in custody; and
(d) That the Department, child-placement or child-caring agency is
authorized to give its consent.
Section 10. Change of name.— In case the petition also prays for
change of name, the title or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
Section 11. Annexes to the Petition.— The following documents shall
be attached to the petition:
A. Birth, baptismal or foundling certificate, as the case may be, and
school records showing the name, age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian,
or the child-placement agency, child-caring agency, or the proper
government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the
adoptee, if any, who are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten
(10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or
consular office or any appropriate government agency that he has the
legal capacity to adopt in his country and that his government allows
the adoptee to enter his country as his own adopted child unless
exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or
residing abroad but qualified to adopt, the home study report by a
foreign adoption agency duly accredited by the Inter-Country Adoption
Board; and
F. Decree of annulment, nullity or legal separation of the adopter as
well as that of the biological parents of the adoptee, if any.
Section 12. Order of Hearing.— If the petition and attachments are
sufficient in form and substance, the court shall issue an order which
shall contain the following:
(1) the registered name of the adoptee in the birth certificate and the
names by which the adoptee has been known which shall be stated in
the caption;
(2) the purpose of the petition;
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(3) the complete name which the adoptee will use if the petition is
granted;
(4) the date and place of hearing which shall be set within six (6)
months from the date of the issuance of the order and shall direct that
a copy thereof be published before the date of hearing at least once a
week for three successive weeks in a newspaper of general circulation
in the province or city where the court is situated; Provided, that in
case of application for change of name, the date set for hearing shall
not be within four (4) months after the last publication of the notice
nor within thirty (30) days prior to an election.
The newspaper shall be selected by raffle under the supervision of the
Executive Judge.
(5) a directive to the social worker of the court, the social service
office of the local government unit or any child-placing or child-caring
agency, or the Department to prepare and submit child and home
study reports before the hearing if such reports had not been attached
to the petition due to unavailability at the time of the filing of the
latter; and
(6) a directive to the social worker of the court to conduct counseling
sessions with the biological parents on the matter of adoption of the
adoptee and submit her report before the date of hearing.
At the discretion of the court, copies of the order of hearing shall also
be furnished the Office of the Solicitor General through the provincial
or city prosecutor, the Department and the biological parents of the
adoptee, if known.
If a change in the name of the adoptee is prayed for in the petition,
notice to the Solicitor General shall be mandatory.
Section 13. Child and Home Study Reports.— In preparing the child
study report on the adoptee, the concerned social worker shall verify
with the Civil Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not registered with the Civil
Registry, it shall be the responsibility of the social worker to register
the adoptee and secure a certificate of foundling or late registration, as
the case may be.
The social worker shall establish that the child is legally available for
adoption and the documents in support thereof are valid and
authentic, that the adopter has sincere intentions and that the
adoption shall inure to the best interests of the child.
In case the adopter is an alien, the home study report must show the
legal capacity to adopt and that his government allows the adoptee to
enter his country as his adopted child in the absence of the
certification required under Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that
there are grounds to deny the petition, he shall make the proper
recommendation to the court, furnishing a copy thereof to the
petitioner.
Section 14. Hearing.— Upon satisfactory proof that the order of
hearing has been published and jurisdictional requirements have been
complied with, the court shall proceed to hear the petition. The
petitioner and the adoptee must personally appear and the former
must testify before the presiding judge of the court on the date set for
hearing.
The court shall verify from the social worker and determine whether
the biological parent has been properly counseled against making
hasty decisions caused by strain or anxiety to give up the child; ensure
that all measures to strengthen the family have been exhausted; and
ascertain if any prolonged stay of the child in his own home will be
inimical to his welfare and interest.
Section 15. Supervised Trial Custody.— Before issuance of the decree
of adoption, the court shall give the adopter trial custody of the
adoptee for a period of at least six (6) months within which the parties
are expected to adjust psychologically and emotionally to each other
and establish a bonding relationship. The trial custody shall be
monitored by the social worker of the court, the Department, or the
social service of the local government unit, or the child-placement or
child-caring agency which submitted and prepared the case studies.
During said period, temporary parental authority shall be vested in the
adopter.
The court may, motu proprio or upon motion of any party, reduce the
period or exempt the parties if it finds that the same shall be for the
best interests of the adoptee, stating the reasons therefor.
An alien adopter however must complete the 6-month trial custody
except the following:
a) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th) degree of consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse;
or
c) one who is married to a Filipino citizen and seeks to adopt jointly
with his or her spouse the latter’s relative within the fourth (4th)
degree of consanguinity or affinity.
If the child is below seven (7) years of age and is placed with the
prospective adopter through a pre-adoption placement authority issued
by the Department, the court shall order that the prospective adopter
shall enjoy all the benefits to which the biological parent is entitled
from the date the adoptee is placed with him.
The social worker shall submit to the court a report on the result of the
trial custody within two weeks after its termination.
Section 16. Decree of Adoption.— If the supervised trial custody is
satisfactory to the parties and the court is convinced from the trial
custody report and the evidence adduced that the adoption shall
redound to the best interests of the adoptee, a decree of adoption shall
be issued which shall take effect as of the date the original petition
was filed even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a certificate of finality
upon expiration of the 15-day reglementary period within which to
appeal;
2) the adopter to submit a certified true copy of the decree of adoption
and the certificate of finality to the Civil Registrar where the child was
originally registered within thirty (30) days from receipt of the
certificate of finality. In case of change of name, the decree shall be
submitted to the Civil Registrar where the court issuing the same is
situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree
of adoption within thirty (30) days from receipt of the certificate of
finality;
b. to issue a certificate of birth which shall not bear any notation that it
is a new or amended certificate and which shall show, among others,
the following: registry number, date of registration, name of child, sex,
date of birth, place of birth, name and citizenship of adoptive mother
and father, and the date and place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records
which can be opened only upon order of the court which issued the
decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of
compliance with all the foregoing within thirty days from receipt of the
decree.
If the adoptee is a foundling, the court shall order the Civil Registrar
where the foundling was registered, to annotate the decree of adoption
on the foundling certificate and a new birth certificate shall be ordered
prepared by the Civil Registrar in accordance with the decree.
Section 17. Book of Adoptions.— The Clerk of Court shall keep a book
of adoptions showing the date of issuance of the decree in each case,
compliance by the Civil Registrar with Section 16(B)(3) and all
incidents arising after the issuance of the decree.
Section 18. Confidential Nature of Proceedings and Records.— All
hearings in adoption cases, after compliance with the jurisdictional
requirements shall be confidential and shall not be open to the public.
All records, books and papers relating to the adoption cases in the files
of the court, the Department, or any other agency or institution
participating in the adoption proceedings shall be kept strictly
confidential.
If the court finds that the disclosure of the information to a third
person is necessary for security reasons or for purposes connected
with or arising out of the adoption and will be for the best interests of
the adoptee, the court may, upon proper motion, order the necessary
information to be released, restricting the purposes for which it may be
used.
Section 19. Rescission of Adoption of the Adoptee.— The petition shall
be verified and filed by the adoptee who is over eighteen (18) years of
age, or with the assistance of the Department, if he is a minor, or if he
is over eighteen (18) years of age but is incapacitated, by his guardian
or counsel.
The adoption may be rescinded based on any of the following grounds
committed by the adopter:
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1) repeated physical and verbal maltreatment by the adopter despite
having undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject
to rescission by the adopter. However, the adopter may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Venue.— The petition shall be filed with the Family Court
of the city or province where the adoptee resides.
Section 21. Time within which to file petition.— The adoptee, if
incapacitated, must file the petition for rescission or revocation of
adoption within five (5) years after he reaches the age of majority, or
if he was incompetent at the time of the adoption, within five (5) years
after recovery from such incompetency.
Section 22. Order to Answer.— The court shall issue an order requiring
the adverse party to answer the petition within fifteen (15) days from
receipt of a copy thereof. The order and copy of the petition shall be
served on the adverse party in such manner as the court may direct.
Section 23. Judgment.— If the court finds that the allegations of the
petition are true, it shall render judgment ordering the rescission of
adoption, with or without costs, as justice requires.
The court shall order that the parental authority of the biological
parent of the adoptee, if known, or the legal custody of the
Department shall be restored if the adoptee is still a minor or
incapacitated and declare that the reciprocal rights and obligations of
the adopter and the adoptee to each other shall be extinguished.
The court shall further declare that successional rights shall revert to
its status prior to adoption, as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission shall be
respected.
It shall also order the adoptee to use the name stated in his original
birth or foundling certificate.
The court shall further order the Civil Registrar where the adoption
decree was registered to cancel the new birth certificate of the adoptee
and reinstate his original birth or foundling certificate.
Section 24. Service of Judgment.— A certified true copy of the
judgment together with a certificate of finality issued by the Branch
Clerk of the Court which rendered the decision in accordance with the
preceding Section shall be served by the petitioner upon the Civil
Registrar concerned within thirty (30) days from receipt of the
certificate of finality. The Civil Registrar shall forthwith enter the
rescission decree in the register and submit proof of compliance to the
court issuing the decree and the Clerk of Court within thirty (30) days
from receipt of the decree.
The Clerk of Court shall enter the compliance in accordance with
Section 17 hereof.
Section 25. Repeal.— This supersedes Rule 99 on Adoption and Rule
100 of the Rules of Court.
B. Inter-Country Adoption
Section 26. Applicability.— The following sections apply to inter-
country adoption of Filipino children by foreign nationals and Filipino
citizens permanently residing abroad.
Section 27. Objectives.— The State shall:
a) consider inter-country adoption as an alternative means of child
care, if the child cannot be placed in a foster or an adoptive family or
cannot, in any suitable manner, be cared for in the Philippines;
b) ensure that the child subject of inter-country adoption enjoys the
same protection accorded to children in domestic adoption; and
c) take all measures to ensure that the placement arising therefrom
does not result in improper financial gain for those involved.
Section 28. Where to File Petition.— A verified petition to adopt a
Filipino child may be filed by a foreign national or Filipino citizen
permanently residing abroad with the Family Court having jurisdiction
over the place where the child resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted.— Only a child legally available for
domestic adoption may be the subject of inter-country adoption.
Section 30. Contents of Petition.— The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is at
least twenty-seven (27) years of age and at least sixteen (16) years
older than the child to be adopted at the time of application, unless the
petitioner is the parent by nature of the child to be adopted or the
spouse of such parent, in which case the age difference does not
apply;
b) if married, the name of the spouse who must be joined as co-
petitioner except when the adoptee is a legitimate child of his spouse;
c) that he has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws, and has
undergone the appropriate counseling from an accredited counselor in
his country;
d) that he has not been convicted of a crime involving moral turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the
necessary moral values and example to all his children, including the
child to be adopted;
g) that he agrees to uphold the basic rights of the child, as embodied
under Philippine laws and the U. N. Convention on the Rights of the
Child, and to abide by the rules and regulations issued to implement
the provisions of Republic Act No. 8043;
h) that he comes from a country with which the Philippines has
diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption of a Filipino child
is allowed under his national laws; and
i) that he possesses all the qualifications and none of the
disqualifications provided in this Rule, in Republic Act No. 8043 and in
all other applicable Philippine laws.
Section 31. Annexes.— The petition for adoption shall contain the
following annexes written and officially translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce decree,
or judgment dissolving the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted
children above ten (10) years of age;
d) Physical, medical and psychological evaluation of the petitioner
certified by a duly licensed physician and psychologist;
e) Income tax returns or any authentic document showing the current
financial capability of the petitioner;
f) Police clearance of petitioner issued within six (6) months before the
filing of the petitioner;
g) Character reference from the local church/minister, the petitioner’s
employer and a member of the immediate community who have
known the petitioner for at least five (5) years;
h) Full body postcard-size pictures of the petitioner and his immediate
family taken at least six (6) months before the filing of the petition.
Section 32. Duty of Court.— The court, after finding that the petition is
sufficient in form and substance and a proper case for inter-country
adoption, shall immediately transmit the petition to the Inter-Country
Adoption Board for appropriate action.
RULE 103
Change of Name
Section 1. Venue. — A person desiring to change his name shall
present the petition to the Court of First Instance of the province in
which he resides, or, in the City of Manila, to the Juvenile and
Domestic Relations Court.
Section 2. Contents of petition. — A petition for change of name shall
be signed and verified by the person desiring his name changed, or
some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province
where the petition is filed for at least three (3) years prior to the date
of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for.
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Section 3. Order for hearing. — If the petition filed is sufficient in form
and substance, the court, by an order reciting the purpose of the
petition, shall fix a date and place for the hearing thereof, and shall
direct that a copy of the order be published before the hearing at least
once a week for three (3) successive weeks in some newspaper of
general circulation published in the province, as the court shall deem
best. The date set for the hearing shall not be within thirty (30) days
prior to an election nor within four (4) month after the last publication
of the notice.
Section 4. Hearing. — Any interested person may appear at the
hearing and oppose the petition. The Solicitor General or the proper
provincial or city fiscal shall appear on behalf of the Government of the
Republic.
Section 5. Judgment. — Upon satisfactory proof in open court on the
date fixed in the order that such order has been published as directed
and that the allegations of the petition are true, the court shall, if
proper and reasonable cause appears for changing the name of the
petitioner, adjudge that such name be changed in accordance with the
prayer of the petition.
Section 6. Service of judgment. — Judgments or orders rendered in
connection with this rule shall be furnished the civil registrar of the
municipality or city where the court issuing the same is situated, who
shall forthwith enter the same in the civil register.
Republic Act No. 9255
AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME
OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF
EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE "FAMILY
CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the
Philippine Congress Assembled:
SECTION 1. Article 176 of Executive Order No. 209, otherwise known
as the Family Code of the Philippines, is hereby amended to read as
follows:
"Article 176. Illegitimate children shall use the surname and shall be
under the parental authority of their mother, and shall be entitled to
support in conformity with this Code. However, illegitimate children
may use the surname of their father if their filiation has been expressly
recognized by the father through the record of birth appearing in the
civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has
the right to institute an action before the regular courts to prove non-
filiation during his lifetime. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child."
RULE 104/ RA 8799
Voluntary Dissolution of Corporations
Section 1. Where, by whom and on what showing application made. —
A petition for dissolution of a corporation shall be filed in the Court of
First Instance of the province where the principal office of a
corporation is situated. The petition shall be signed by a majority of its
board of directors or other officers having the management of its
affairs, verified by its president or secretary or one of its directors, and
shall set forth all claims and demands against it, and that its
dissolution was resolved upon by a majority of the members, or, if a
stock corporation, by the affirmative vote of the stockholders holding
and representing two-thirds of all shares of stock issued or subscribed,
at a meeting of its members or stockholders called for that purpose.
Section 2. Order thereupon for filing objections. — If the petition is
sufficient in form and substance, the court by an order reciting the
purpose of the petition, shall fix a date on or before which objections
thereto may be filed by any person, which date shall not be less that
thirty (30) nor more than sixty (60) days after the entry of the order.
Before such date a copy of the order shall be published at least once a
week for four (4) successive weeks in some newspaper of general
circulation published in the municipality or city where the principal
office of the corporation is situated, or, if there be no such newspaper,
then in some newspaper of general circulation in the Philippines, and a
similar copy shall be posted for four (4) weeks in three public places in
such municipality or city.
Section 3. Hearing, dissolution, and disposition of assets. Receiver. —
Upon five (5) days notice given after the date on which the right to file
objections as fixed in the order expired, the court shall proceed to hear
the petition and try any issue made by objections filed; and if no such
objection is sufficient, and the material allegations of the petition are
true, it shall render judgment dissolving the corporation and directing
such disposition of its assets as justice requires, and may appoint a
receiver to collect such assets and pay the debts of the corporation.
Section 4. What shall constitute record. — The petition, orders, proof
of publication and posting, objections filed, declaration of dissolution,
and any evidence taken, shall constitute the record in the case.
RA 8799 (mentioning dissolution)
Section 47. Power of the Commission With Respect to Securities
Ownership. – The Commission is authorize, having due regard to the
public interest and the protection of investors, to promulgate rules and
regulations which:
47.6 Give first priority to any claims of a registered clearing agency
against a participant arising from a failure by the participant to meet
its obligations under the clearing agency’s rules in respect of the
clearing and settlement of transactions in securities, in a dissolution of
the participant, and any such rules and regulation shall bind the
issuers of the securities, investors in the securities, any third parties
with interests in the securities, and the creditors of a participant of a
registered clearing agency.
Declaration of Absence and Death
Rule 107
RULE 107
Absentees
Section 1. Appointment of representative. — When a person
disappears from his domicile, his whereabouts being unknown, and
without having left an agent to administer his property, or the power
conferred upon the agent has expired, any interested party, relative or
friend may petition the Court of First Instance of the place where the
absentee resided before his dis-appearance, for the appointment of a
person to represent him provisionally in all that may be necessary. In
the City of Manila, the petition shall be filed in the Juvenile and
Domestic Relations Court.
Section 2. Declaration of absence; who may petition. — After the lapse
of two (2) years from his disapperance and without any news about
the absentee or since the receipt of the last news, or of five (5) years
in case the absentee has left a person in charge of the administration
of his property, the declaration of his absence and appointment of a
trustee or administrative may be applied for by any of the following:
(a) The spouse present;
(b) The heirs instituted in a will, who may present an authentic copy of
the same.
(c) The relatives who would succeed by the law of intestacy; and
(d) Those who have over the property of the absentee some right
subordinated to the condition of his death.
Section 3. Contents of petition. — The petition for the appointment of
a representative, or for the declaration of absence and the
appointment of a trustee or an administrator, must show the following:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs instituted in the will,
copy of which shall be presented, and of the relatives who would
succeed by the law of intestacy;
(c) The names and residences of creditors and others who may have
any adverse interest over the property of the absentee;
(d) The probable value, location and character of the property
belonging to the absentee.
Section 4. Time of hearing; notice and publication thereof. — When a
petition for the appointment of a representative, or for the declaration
of absence and the appointment of a trustee or administrator, is filed,
the court shall fix a date and place for the hearing thereof where all
concerned may appear to contest the petition.
Copies of the notice of the time and place fixed for the hearing shall be
served upon the known heirs, legatees, devisees, creditors and other
interested persons, at least ten (10) days before the day of the
hearing, and shall be published once a week for three (3) consecutive
weeks prior to the time designated for the hearing, in a newspaper of
general circulation in the province or city where the absentee resides,
as the court shall deem best.
Section 5. Opposition. — Anyone appearing to contest the petition
shall state in writing his grounds therefor, and serve a copy thereof on
the petitioner and other interested parties on or before the date
designated for the hearing.
Section 6. Proof at hearing; order. — At the hearing, compliance with
the provisions of section 4 of this rule must first be shown. Upon
satisfactory proof of the allegations in the petition, the court shall issue
an order granting the same and appointing the representative, trustee
or administrator for the absentee. The judge shall take the necessary
measures to safeguard the rights and interests of the absentee and
shall specify the powers, obligations and remuneration of his
representative, trustee or administrator, regulating them by the rules
concerning guardians.
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In case of declaration of absence, the same shall not take effect until
six (6) months after its publication in a newspaper of general
circulation designated by the court and in the Official Gazette.
Section 7. Who may be appointed. — In the appointment of a
representative, the spouse present shall be preferred when there is no
legal separation. If the absentee left no spouse, or if the spouse
present is a minor or otherwise incompetent, any competent person
may be appointed by the court.
In case of declaration of absence, the trustee or administrator of the
absentee's property shall be appointed in accordance with the
preceding paragraph.
Section 8. Termination of administration. — The trusteeship or
administration of the property of the absentee shall cease upon order
of the court in any of the following cases:
(a) When the absentee appears personally or by means of an agent;
(b) When the death of the absentee is proved and his testate or
intestate heirs appear;
(c) When a third person appears, showing by a proper document that
he has acquired the absentee's property by purchase or other title.
In these cases the trustee or administrator shall cease in the
performance of his office, and the property shall be placed at the
disposal of whose may have a right thereto.
Cancellation or correction of entries in the Civil registry
Rule 108 (but repealed by RA 9048 – lol check this comment later)
Section 1. Who may file petition. — Any person interested in any act,
event, order or decree concerning the civil status of persons which has
been recorded in the civil register, may file a verified petition for the
cancellation or correction of any entry relating thereto, with the Court
of First Instance of the province where the corresponding civil registry
is located.
Section 2. Entries subject to cancellation or correction. — Upon good
and valid grounds, the following entries in the civil register may be
cancelled or corrected: (a) births: (b) marriage; (c) deaths; (d) legal
separations; (e) judgments of annulments of marriage; (f) judgments
declaring marriages void from the beginning; (g) legitimations; (h)
adoptions; (i) acknowledgments of natural children; (j) naturalization;
(k) election, loss or recovery of citizenship; (l) civil interdiction; (m)
judicial determination of filiation; (n) voluntary emancipation of a
minor; and (o) changes of name.
Section 3. Parties. — When cancellation or correction of an entry in the
civil register is sought, the civil registrar and all persons who have or
claim any interest which would be affected thereby shall be made
parties to the proceeding.
Section 4. Notice and publication. — Upon the filing of the petition, the
court shall, by an order, fix the time and place for the hearing of the
same, and cause reasonable notice thereof to be given to the persons
named in the petition. The court shall also cause the order to be
published once a week for three (3) consecutive weeks in a newspaper
of general circulation in the province.
Section 5. Opposition. — The civil registrar and any person having or
claiming any interest under the entry whose cancellation or correction
is sought may, within fifteen (15) days from notice of the petition, or
from the last date of publication of such notice, file his opposition
thereto.
Section 6. Expediting proceedings. — The court in which the
proceeding is brought may make orders expediting the proceedings,
and may also grant preliminary injunction for the preservation of the
rights of the parties pending such proceedings.
Section 7. Order. — After hearing, the court may either dismiss the
petition or issue an order granting the cancellation or correction
prayed for. In either case, a certified copy of the judgment shall be
served upon the civil registrar concerned who shall annotated the
same in his record.
RA 9048
REPUBLIC ACT NO. 9048 March 22, 2001
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR
THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL
ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME
IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER,
AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL
CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
Section 1. Authority to Correct Clerical or Typographical Error and
Change of First Name or Nickname – No entry in a civil register shall
be changed or corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname which can
be corrected or changed by the concerned city or municipal civil
registrar or consul general in accordance with the provisions of this Act
and its implementing rules and regulations.
Section 2. Definition of Terms – As used in this Act, the following
terms shall mean:
(1) "City or Municipal civil registrar" refers to the head of the local civil
registry office of the city or municipality, as the case may be, who is
appointed as such by the city or municipal mayor in accordance with
the provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who
has direct and personal interest in the correction of a clerical or
typographical error in an entry or change of first name or nickname in
the civil register.
(3) "Clerical or typographical error" refers to a mistake committed in
the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or the like, which
is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.
(4) "Civil Register" refers to the various registry books and related
certificates and documents kept in the archives of the local civil
registry offices, Philippine Consulates and of the Office of the Civil
Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National
Statistics Office which is the agency mandated to carry out and
administer the provision of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which
may consist of one or more names in addition to the middle and last
names.
Section 3. Who May File the Petition and Where. – Any person having
direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or
nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the
record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the
country and it would not be practical for such party, in terms of
transportation expenses, time and effort to appear in person before
the local civil registrar keeping the documents to be corrected or
changed, the petition may be filed, in person, with the local civil
registrar of the place where the interested party is presently residing
or domiciled. The two (2) local civil registrars concerned will then
communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in
foreign countries may file their petition, in person, with the nearest
Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul
general shall be processed in accordance with this Act and its
implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of
first names or nicknames may be availed of only once.
Section 4. Grounds for Change of First Name or Nickname. – The
petition for change of first name or nickname may be allowed in any of
the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known by
that by that first name or nickname in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. – The petition shall be in
the form of an affidavit, subscribed and sworn to before any person
authorized by the law to administer oaths. The affidavit shall set forth
facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters
stated. The petitioner shall state the particular erroneous entry or
entries, which are sought to be corrected and/or the change sought to
be made.
The petition shall be supported with the following documents:
Special Proceedings Provisions Final Exam
Anastasia Beaverhausen

(1) A certified true machine copy of the certificate or of the page of the
registry book containing the entry or entries sought to be corrected or
changed.
(2) At least two (2) public or private documents showing the correct
entry or entries upon which the correction or change shall be based;
and
(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary
for the approval of the petition.
In case of change of first name or nickname, the petition shall likewise
be supported with the documents mentioned in the immediately
preceding paragraph. In addition, the petition shall be published at
least once a week for two (2) consecutive weeks in a newspaper of
general circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcement agencies that he
has no pending case or no criminal record.
regulations for the effective implementation of this Act not later than
three (3) months from the effectivity of this law.
Section 11. Retroactivity Clause. - This Act shall have retroactive effect
insofar as it does not prejudice or impair vested or acquired rights in
accordance with the Civil Code and other laws.
Section 12. Separability Clause. - If any portion or provision of this Act
is declared void or unconstitutional, the remaining portions or
provisions thereof shall not be affected by such declaration.
Section 13. Repealing Clause - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
THE END
Count time, not by seconds but by the moments.

The petition and its supporting papers shall be filed in three (3) copies
to be distributed as follows: first copy to the concerned city or
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.

Section 6. Duties of the City or Municipal Civil Registrar or the Consul

General. – The city or municipal civil registrar or the consul general to
whom the petition is presented shall examine the petition and its
supporting documents. He shall post the petition in a conspicuous
place provided for that purpose for ten (10) consecutive days after he
finds the petition and its supporting documents sufficient in form and
substance.

The city or municipal civil registrar or the consul general shall act on
the petition and shall render a decision not later than five (5) working
days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with the
records of the proceedings to the Office of the Civil Registrar General
within five (5) working days from the date of the decision.

Section 7. Duties and Powers of the Civil Registrar General. – The civil
registrar general shall, within ten (10) working days from receipt of
the decision granting a petition, exercise the power to impugn such
decision by way of an objection based on the following grounds:

(1) The error is not clerical or typographical;

(2) The correction of an entry or entries in the civil register is

substantial or controversial as it affects the civil status of a person; or

(3) The basis used in changing the first name or nickname of a person
does not fall under Section 4.

The civil registrar general shall immediately notify the city or municipal
civil registrar or the consul general of the action taken on the decision.
Upon receipt of the notice thereof, the city or municipal civil registrar
or the consul general shall notify the petitioner of such action.

The petitioner may seek reconsideration with the civil registrar general
or file the appropriate petition with the proper court.

If the civil registrar general fails to exercise his power to impugn the
decision of the city or municipal civil registrar or of the consul general
within the period prescribed herein, such decision shall become final
and executory.

Where the petition is denied by the city or municipal civil registrar or

the consul general, the petitioner may either appeal the decision to the
civil registrar general or file the appropriate petition with the proper
court.

Section 8. Payment of Fees. – The city or municipal civil registrar or

the consul general shall be authorized to collect reasonable fees as a
condition for accepting the petition. An indigent petitioner shall be
exempt from the payment of the said fee.

Section 9. Penalty Clause. - A person who violates any of the

provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than six (6) years but not more than twelve
(12) years, or a fine of not less than Ten thousand pesos (P10,000.00)
but not more than One Hundred Thousand pesos (P100,000.00), or
both, at the discretion of the court.

In addition, if the offender is a government official or employee he

shall suffer the penalties provided under civil service laws, rules and
regulations.

Section 10. Implementing Rules and Regulations. - The civil registrar

general shall, in consultation with the Department of Justice, the
Department of Foreign Affairs, the Office of the Supreme Court
Administrator, the University of the Philippines Law Center and the
Philippine Association of Civil Registrars, issue the necessary rules and