3. Guardianship
a. Rule on Guardianship of Minors (A.M. No.
03-02-05-SC)
b. If filed under the Inter-Country Adoption Act 1. Family Court having jurisdiction over the place
(R.A. No. 8043)
where the child resides or may be found (filed by
a foreign national or Filipino citizen permanently
residing abroad).
2. It may be filed directly with the Inter-Country
Adoption Board.
5. Habeas Corpus
a. Habeas Corpus for illegal confinement or
detention (Rule 102)
SUMMARY SETTLEMENT
Short Title
Kind
Judicial Adoption
Extrajudicial Adoption
Promulgation
June 7, 1995
Coverage
Definition of Child
Qualifications
Filipino Citizen
Not required
HABEAS CORPUS
AMPARO
HABEAS DATA
LEGAL BASIS
Same
Same
GOVERNING LAW
Rule 102
DEFINITION
Habeas Corpus is a
Latin phrase which
literally means you have
the body. Basically, it
isa writ directed to the
person detaining
another, commanding
him to produce the body
of the prisoner at a
designated time and
place, with the day and
cause of his capture and
detention, to do, submit
to, and receive
whatsoever the court or
judge awarding the writ
shall consider in that
behalf.
It is a remedy available
to any person whose
right to life, liberty, and
security has been
violated or is threatened
with violation by an
unlawful act or omission
of a public official or
employee, or of a private
individual or entity. The
writ covers extralegal
killings and enforced
disappearances or
threats thereof.
It is a remedy available
to any person whose
right to privacy in life,
liberty, and security is
violated or threatened by
an unlawful act or
omission of a public
official or employee, or of
a private individual or
entity engaged in the
gathering, collecting or
storing of data or
information regarding the
person, family, home,
and correspondence of
the aggrieved party.
REMEDY FOR
Section 1
To all cases of illegal
confinement or
detention:
1. By which any person
is deprived of his
liberty; or
2. By which the rightful
custody of any
person is withheld
from the person
entitled thereto.
EFFECTIVITY
PETITIONER
Section 3
By the party for whose
relief it is intended, or by
some other person in his
behalf.
Section 2
By the aggrieved party,
or by any qualified
person or entity in the
order provided in Section
2.
Section 2
General rule:
The aggrieved party
Except:
In cases of extralegal
killings and enforced
disappearances:
1. Immediate family;
2. In default of No. 1,
ascendant,
descendant or
collateral relative
within the 4th civil
degree of
consanguinity or
affinity.
VENUE
Section 2
Where the plaintiff
resides or where the
defendant resides, or in
the case of non-resident
defendant, where he
may be found, at the
election of the plaintiff
Section 3
SC, CA, and SB:
Manila;
RTC of the place where
the threat, act or
omission was committed
or any of its elements
occured.
EXTENT OF
ENFORCEABILITY
Anywhere in the
Philippines
Anywhere in the
Philippines
WHEN TO FILE
Section 2
On any day and at any
time
Section 3
On any day and at any
time
Section 1
To any person whose
right to life, liberty, and
security is violated or
threatened with violation
by an unlawful act or
omission of a public
official or employee, or of
a private individual or
entity.
Section 1
To any person whose
right to privacy in life,
liberty and security is
violated or threatened
with violation by an
unlawful act or omission
of a public official or
employee, or of a private
individual or entity
engaged in:
1. Gathering
2. Collecting
3. Storing of data or
information regarding
the person family,
home, and
correspondence of
the aggrieved party.
Section 4
Exempt
Section 5
Exemption only applies
to an indigent petitioner.
Section 5
Signed and verified
Section 6
Verified written petition
REQUISITES OF
PETITION
Section 3
Signed and verified
ISSUANCE OF THE
WRIT
Section 5
Section 6
When it appears, it ought When in its face ought to
to be issued immediately issue immediately
Section 7
When in its face ought to
issue immediately
However, there should
be service within three
days.
SUMMARY HEARING
Section 12
Hearing on return
Section 6
Not later than 7 days
from the date of its
issuance
Section 7
Not later than 10 days
from the date of its
issuance.
MANNER OF SERVICE
Section 7
Service of the writ shall
be made by leaving the
original with the person
whom it is directed and
preserving a copy on
which to make return of
service. If that person
cannot be found, or was
not the prisoner in
custody then the service
shall be made on any
person having or
exercising such custody.
Section 8
If the writ cannot be
served personally on the
respondent, the rules on
substituted service shall
apply.
Section 9
If the writ cannot be
served personally on the
respondent, the rules on
substituted service shall
apply.
CONTENTS OF
RETURN
Section 10
Signed and shall also be
sworn to if the prisoner is
not produced.
Section 9
Verified written return period to file cannot be
extended except on
highly meritorious
ground;
Section 9
Verified written return may be reasonably
extended by the court for
justifiable grounds;
PENALTIES
Section 16
Clerk of a court who
refuses to issue the writ;
Person to whom writ is
directed, who neglects or
refuses to obey or make
return of the same
according to the
command thereof, or
makes false return
thereof, refuses to
deliver to the person
demanding, within six (6)
hours after the demand
of a true copy of the
warrant or order of
commitment.
Penalties:
a. forfeit to the party
aggrieved the sum of
one thousand pesos,
to be recovered in a
proper action;
b. contempt.
Section 7
Section 8 and 11
1. Clerk of court who
Same with Writ of
refuses to issue the
Amparo
writ;
2. Deputized person
who refuses to serve
the same;
Penalty = contempt
without prejudice to other
disciplinary actions.
Section 16
1. Respondent who
refuses to make a
return, or makes a
false return;
2. Any person who
disobeys or resists a
lawful process or
order of the court.
Penalties:
a. Contempt;
b. Imprisonment;
c. Fine.
none
Section 12
May be heard in
chambers
PROHIBITED
PLEADINGS AND
MOTIONS
Section 11
a. Motion to dismiss;
b. Motion for extension
of time to file return,
opposition, affidavits,
position paper and
other pleadings;
c. Dilatory motion for
postponement;
d. Motion for a bill of
particulars;
e. Counterclaim or
cross-claim;
f. Third-party
complaint;
g. Reply;
h. Motion to declare
respondent in
default;
i. Intervention;
j. Memorandum;
k. Motion for
reconsideration of
interlocutory orders
or interim relief
orders; and
l. Petition for certiorari,
mandamus or
prohibition against
any interlocutory
order.
Section 13
a. Motion to dismiss;
b. Motion for extension
of time to file
opposition, affidavit,
position paper and
other pleadings;
c. Dilatory motion for
postponement;
d. Motion for a bill of
particulars;
e. Counterclaim or
cross-claim;
f. Third-party
complaint;
g. Reply;
h. Motion to declare
respondent in
default;
i. Intervention;
j. Memorandum;
k. Motion for
reconsideration of
interlocutory orders
or interim relief
orders; and
l. Petition for certiorari,
mandamus or
prohibition against
any interlocutory
order.
EFFECT OF FAILURE
TO FILE A RETURN
Section 12
In case the respondent
fails to file a return, the
court, justice or Judge
shall proceed to hear the
petition ex parte
SUMMARY HEARING
Section 13
Section 15
The hearing on the petition The same with Writ of
shall be summary.
Amparo
However, the court, justice
or judge may call for a
preliminary conference to
simplify the issues and
determine the possibility of
obtaining stipulations and
admissions from the
parties.
The hearing shall be from
day to day until completed
and give the same priority
as petition for habeas
corpus
Section 14
In case the respondent
fails to file a return, the
court, justice or Judge
shall proceed to hear the
petition ex parte,
granting the petitioner
such relief as the petition
may warrant unless the
court in its discretion
requires the petitioner to
sumbit evidence
INTERIM RELIEFS
Section 12
1.unless for good cause
shown, the hearing is
adjourned, in which
event the court shall
make an order for the
safekeeping of the
person imprisoned or
restrained as the
nature of the case
requires;
2.The court or judge
must
be
made
satisfied that the
persons illness is so
grave that it cannot be
produced without any
danger
Section 14
A.Temporary Protection
Order.
- the court, justice or
judge, upon motion or
motu proprio, may
order
that
the
petitioner
or
the
aggrieved party and any
member
of
the
immediate family be
protected
in
a
government agency or
by an accredited person
or private institution
capable of keeping and
securing their safety. If
the petitioner is an
organization,
association
or
institution referred to in
Section 3 of the Rule,
the protection may be
extended to the officers
involved.
The Supreme Court
shall
accredit
the
person and private
institution that shall
extend
temporary
protection
to
the
petitioner
of
the
aggrived party and any
member
of
the
immediate family, in
accordance
with
guidelines which it shall
issue.
The accredited person
and private institution
shall comply with the
rules and conditions
that may be imposed by
the court, justice or
judge.
b. Inspection Order
- The court, justice of
judge upon verified
motion and after due
hearing, may order any
person in possession of
control of a designated
land or other property,
to permit entry for the
purpose if inspecting,
measuring, surveying,
or operation thereon.
The motion shall state
in detail the place or
places to be inspected.
It shall be supported by
affidavits or testimonies
of witnesses having
personal knowledge of
the
enforced
disappearance
or
whereabouts of the
aggrieved party. It the
motion is opposed on
the ground of national
security or of the
privileged nature of the
information, the court,
justice, or judge may
conduct a hearing in
chambers to determine
the merit of the
opposition. The movant
must show that the
inspection order is
necessary to establish
the right of the
aggrieved party alleged
to be threatened or
violated. The inspection
order shall specify the
person or persons
authorized to make the
inspection and the
date, time, place and
manner of making the
inspection and may
prescribe
other
conditions to protect
the constitutional right
of all parties. The order
shall expire five (5) days
after the date of its
issuance,
unless
extended for justifiable
reasons.
c. Production Order.
- The court, justice or
judge, upon verified
motion and after due
hearing, may order any
person in possession,
custody or control of
any
designated
documents,
papers,
books,
accounts,
letters,
photographs,
objects or tangible
things, or object in
digitized or electronic
form, which constitute
or contain evidence
relevant to the partition
or the return, to
produce and permit
their
inspection,
copying
or
photographing by or on
behalf of the movant.
The motion may be
opposed
on
the
opposed on the ground
of national security or
of the privileged nature
of the information, in
which case the court,
justice or judge may
conduct a hearing in
chambers to determine
the merit of the
opposition.
d. Witness Protection
Order.
- The court, justice or
judge upon motion or
motu proprio, may refer
the witnesses to the
Department of Justice
for admission to the
Witness
Protection,
Security and Benefit
Program, pursuant to
R.A No. 6981.
The court, justice or
judge may also refer
the witnesses to other
government agencies,
or to accredit person of
private
institution
capable of keeping and
securing their safety.
JUDGEMENT
Section 15
When the court of
judge has examined
into the cause of
caption and restraint of
the prisoner, and is
satisfied that he is
unlawfully imprisoned
or restrained, he shall
forthwith order his
discharge
from
confinement, but such
discharge shall not be
effective until a copy of
the order has been
served on the officer of
person detaining the
prisoner. If the officer
of person detaining the
prisoner
does
not
desire to appeal, the
prisoner
shall
be
forthwith released.
Section 18
The court shall render
judgment within ten
(10) days from the time
petition is submitted for
decision.
If
the
allegation
in
the
petition are proven by
substantial
evidence,
the court shall grant the
privilege of writ and
such reliefs as may be
proper and appropriate;
otherwise, the privilege
shall be denied.
APPEAL
Section 15 in relation to
Section 3 of the Rule 41
and Section 39 of B.P
Blg. 129:
48 hours from notice of
judgment
appealed
from by ordinary appeal
Section 19
Section 19
Rule 45 by petition for Same as WOA
review on certiorari
with peculiar features:
1.Appeal may raise
question of fact of law
or both;
2.Petiod of appeal shall
be five (5) working
days from the date of
notice of the adverse
judgment;
3.Same priority
as
habeas corpus cases.
RETURN OF SERVICE
Section 16.
Same with WOA with
an addition that upon
finality, the judgment
shall be enforced by the
sheriff or any lawful
officer as may be
designated
by
the
court, justice or judge
withing five (5) working
days.
Section 17
The
officer
who
executed the final
judgment shall make a
verified return within
three (3) days from its
enforcement.
ARCHIVING
AND
REVIVAL OF CASES
Section 20
The court shall not be
dismiss the petitioner,
but shall archive it, if
upon its determination
it cannot proceed for a
valid cause such as the
failure of petitioner or
witnesses to appear
due to threats on their
lives. The petition shall
be
dismissed
with
prejudice upon failure
to prosecute the case
after the lapse of two
(2) years from notice to
the petitioner of the
order of archiving the
case.
INSTITUTION
OF
SEPARATE ACTIONS
Section 21
Section 20
This Rule shall not Same as WOA
preclude the filing of
separate criminal, civil
or
administrative
actions.
EFFECT
OF
FILING
CRIMINAL ACTION
Section 22.
Section 21
When a criminal action Same as WOA
has been commenced,
no separate petition for
the writ shall be filed.
The reliefs under the
writ shall be available
by motion in the in the
criminal case.
CONSOLIDATION
Section 23
Section 22
When a criminal action Same as WOA
is filed subsequent to
the filing of a petition
for the writ, the latter
shall be consolidated
with
the
criminal
action. When a criminal
action and a separate
civil action are filed
subsequent
to
a
petition for a Writ of
Amparo, the latter shall
be consolidated with
the criminal action
SUBSTANTIAL RIGHTS
Section 24
This Rule shall not
diminish, increase, or
modify
substantive
rights recognized and
protected
by
the
Constitution.
Section 23
Difference is that in
WOA, the Constitution
provides that law from
which the substantive
rights exist
SUPPLETORY
Rule 72, Section 2
APPLICATION OF THE In the absence of
RULES OF COURT
special provisions, the
rules provided for in
ordinary action shall be,
as far as practicable,
applicable in special
proceedings.
Section 25
Section 24
The Rules of Court shall Same as WOA
apply
suppletorily
insofar as its is not
inconsistent with this
Rules.
RULE 103
CHANGE OF NAME
(BAR QUESTION: 2014)
NOTE: Correlate with R.A No. 9048 where change of first name may now be effected administratively.
1.01. DIFFERENTIATE RULE 103, RULE 108, R.A No. 9048 AND R.A No. 10172:
The differentiation are as follows:
Rule 103
Rule 108
Name of Law
Change of Name
Amendment to
R.A No. 9048
Subject Matter
Change of full
name (substantial
correction)
Change or
correction in the
civil entries
(substantial
corrections)
Change of first
name and
nickname and civil
entries (only
typographical
errors)
Correction of
clerical or
typographical
errors in the day
and month in the
date of birth or
sex of person
A person desiring
to change his
name (Sec. 1)
Any person
interested in any
act, event, order
or decree
concerning the
civil status of
person which has
been recorded in
the civil register.
(Sec. 1)
Venue
RTC of the
province wherein
the petitioner
resides for three
(3) years prior to
filing, or, in the
City of Manila, to
the Juvenile and
Domestic Relation
Court.
RTC of city or
province where
the corresponding
civil registry is
located.
1.Local civil
1.Local civil
registry office of
registry office of
the city of
the city of
municipality
municipality
where the record where the record
being sought to
being sought to
be corrected of
be corrected of
change is kept;
change is kept;
2.Local civil
registrar of the
place where the
interested party
is presently
residing or
domiciled;
2.Local civil
registrar of the
place where the
interested party
is presently
residing or
domiciled;
3.Philippine
Consulates
3.Philippine
Consulates
Contents of
Petition
(a)That the
(a)That the
(a)Facts necessary
petitioner has
petitioner has
to establish the
been a bona fide
been a bona fide
merit of the
resident of the
resident of the
petition;
province where
province where
the petition is file the petition is file (b)Particular
for at least three
for at least three
erroneous entry
(3) years prior to
(3) years prior to
or entries, which
the date of such
the date of such
are sought to be
filing;
filing;
corrected and/or
the change
(b)The cause for
(b)The cause for
sought to be
which the change which the change made
of the
of the
petitioners name petitioners name The petition shall
is sought;
is sought;
be supported with
the following
(c)The name asked (c)The name asked documents:
for (Sec.2)
for (Sec.2)
(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
public or private
documents
showing the
correct entry or
entries upon
which the
correction or
change shall be
based; and
(a)Facts necessary
to establish the
merit of the
petition;
(b)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:
(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
public or private
documents
showing the
correct entry or
entries upon
which the
correction or
change shall be
based; and
(3)Other
(3)Other
documents which documents which
the petitioner or
the petitioner or
the city or
the city or
municipal civil
municipal civil
registrar of the
registrar of the
consul general
consul general
may consider
may consider
relevant and
relevant and
necessary for the
necessary for the
approval of the
approval of the
petition.
petition.
(Sec. 5)
(Sec. 3)
No petition cor
correction of
erroneous entry
concerning the
date of birth or
the sex of a person
shall be
entertained
except:
- if the petition is
accompanied by
earliest school
record documents
such as, but not
limited to, medical
records, baptismal
certificate and
other documents
issued by religious
authorities; not
shall any entry
involving change
of gender
corrected
except:
- if the petition is
accompanied by
certification issued
by an accredited
goverment
physician attesting
to the fact the the
petitioner has not
undergone sex
change or sex
transplant.
Furthermore, the
petitioner shall
submit a
certification from
the appropriate
law enforcement
agencies that he
has no pending
case or no criminal
record.
Grounds
1.Name is
ridiculous,
tainted with
dishonor and
extremely
difficult to write
or pronounce;
2.Consequence of
change of status;
3.Necessity to
avoid confusion;
Judicial
Proceeding
Clerical or
typographical
error.
4.Having
continuously
used and been
known since
childhood by
Filipino name,
unaware of her
alien parentage;
Kind of
Proceeding
1.The petitioner
find the first
name of
nickname to be
ridiculous,
tainted with
dishonor or
extremely
difficult to write
or pronounce;
Summary
Proceeding
This can be
converted to an
adversarial
proceeding if
there are
substantial
changes and affect
the status of an
individual
Administrative
proceeding
Administrative
proceeding
What to File
File a verified
petition for the
cancellation or
correction of any
entry
File an affidavit
File an affidavit.
The petiton 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
- the Office of Civil
Registrar General;
Third Copy - to the
petitioner.
Notice and
Publication
At least once a
week for three (3)
consecutive week
in some
newspaper of
general circulation
(notice of hearing)
At least once a
week for three (3)
consecutive week
in some
newspaper of
general circulation
(notice of hearing)
At least once a
week for two (2)
consecutive weeks
(publish the whole
affidavit)
At least once a
week for two(2)
consecutive weeks
in a newspaper of
general circulation
Posting
No posting
No posting
Who Participates
on the Part of the
Government
The Solicitor
General or the
proper provincial
or city fiscal shall
appear on behalf
of the
Government of
the Republic
Where to Appeal
Appeal decision
with the Court of
Appeals
Appeal decision
with the Court of
Appeals
Payment of Fees
No provision as to
the payment of
fees
No provision as to
the payment of
fees
The city or
municipal 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 fees.
The city of
municipal 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 fees.
The fees collected
by the city or
municipal civil
registrar or the
consul general
pursuant to this
Act shall accrue to
the funds of the
Local Civil Registry
Office concerned
or the Office of
the Consul
General for
modernization of
the office and
hiring of new
personnel and
procurement of
supplies, subject
to government
accounting and
auditing rules.