(2) The Assistant Clerk of Court and the Division
Clerks of Court of the Court of Appeals, and the
EN BANC
A.M. No.03-10-05-SC July 20, 2006
RE: (a) REQUEST OF ASSISTANT COURT
ADMINISTRATOR FOR UPGRADING OF THEIR
RANK, SALARY AND PRIVILEGES UPON
EFFECTIVITY OF REPUBLIC ACT NO. 9282
ELEVATING THE COURT OF TAX APPEALS AND
(b) GRANT OF SPECIAL DISTORTION
ALLOWANCE TO POSITIONS IN THE JUDICIARY
WITH RANK OF JUDGES OF METROPOLITAN
TRIAL COURTS, ASSISTANT CLERK OF COURT
OF THE COURT OF APPEALS AND DIVISION
CLERKS OF COURT OF THE COURT OF
APPEALS.
x----------------------------------------------------------------------
----- x
A.M. No. 03-11-25-SC July 20, 2006
RE: REQUEST FOR THE GRANT OF SPECIAL
DISTORTION ALLOWANCE TO POSITIONS IN THE
JUDICIARY WITH THE RANK OF METROPOLITAN
TRIAL COURT JUDGES PARTICULARLY THE FIVE
(5) EXECUTIVE CLERKS OF COURT III OF THE
SANDIGANBAYAN,
RESOLUTION
TINGA, J.:
On 1 October 2004, the Court issued a resolution
clarifying the application of Republic Act (R.A.) No.
9282 and R.A. No. 9227 on the rank, salary and
privileges of the Assistant Court Administrators
(ACAs), Assistant Clerk of Court (ACC) and Division
Clerks of Court (DCCs) of the Court of Appeals (CA),
and the Executive Clerks of Court (ECCs) of the
Sandiganbayan. The dispositive portion of the
Resolution reads:
ACCORDINGLY, the request of the Assistant Court
Administrators to upgrade their salaries and privileges
to that of a Presiding Justice of the Court of Tax
Appeals is DENIED.
The following are hereby GRANTED the Special
Allowance under Section 2 of Republic Act No. 9227
from November 11, 2003, the date of effectivity of said
law, but subject to the availability of funds:
(1) The Assistant Court Administrators, the allowance
of a Regional Trial Court judge with the highest
earned increment;
Executive Clerks of Court of the Sandiganbayan, the
allowance of a Metropolitan Trial Court judge.
SO ORDERED.
The resolution led to the filing of requests by certain
court officials for their inclusion in the implementation
of the law, as well as the clarification and
reconsideration of the resolution.
On 7 October 2004, Atty. Gemma Leticia F. Tablate,
Chief Reporter of the CA, wrote a letter requesting
that the implementation of the 1 October 2004
Resolution be extended to her. She alleged in her
letter that her position as CA Reporter II had been
upgraded from Salary Grade (SG) 27 to SG 28 and
given the rank and privileges of a Metropolitan Trial
Court (MeTC) judge in A.M. No. 99-5-18-SC1, thus
putting her in equal rank and footing with the DCCs of
the CA.
A letter of the same nature dated 20 October 2004
was also filed by Atty. Elvessa P. Apolinario,
Executive Clerk of Court (ECC) III of the Court of Tax
Appeals (CTA). Atty. Apolinario contends that in A.M.
No. 99-1-04-CTA,2 her position in the CTA as ECC II
with SG 27 had been upgraded to ECC III with SG 28,
thus conferring upon her the rank of a MeTC judge.
These requests were referred to the Office of the
Chief Attorney (OCAT) for study and recommendation.
In separate reports, the OCAT recommended the
granting of the requests.3 Since the Court had earlier
granted the positions of Reporter II and ECC III the
judicial rank of METC judge entitled to the same
privilege as other officials in the CA with the same
judicial rank, the OCAT recommended that the MeTC
judge’s allowance be extended to Attys. Tablate and
Apolinario.
The recommendation of the OCAT is well taken at this
point. As we had earlier stated in the resolution of 1
October 2004, the allowances granted under R.A. No.
9227 should be extended to holders of positions with
the equivalent rank of METC judges, because
although such officers do not perform the same
functions as the METC judge, the law recognizes the
substantial equality in the roles they play in the
Judiciary as against judges and thus conferred upon
them such rank. The positions of CA Reporter II and
CTA ECC III should be placed at par, in rank, salary
and privileges, with their counterparts in the Judiciary
who have the rank, salary and privileges of an METC
judge. Hence, it is but proper that the CA Reporter II
and CTA ECC III be granted the allowance of an
METC judge.
On 5 January 2005, the Fiscal Management and
Budget Office (FMBO) submitted a Memorandum
seeking clarification of the implementation of the 10
October 2004 Resolution. The FMBO had uniformly
implemented the grant of Special Allowance for the
Judiciary (SAJ) in amounts equivalent to 25% of the
actual basic monthly salaries for the positions covered
starting 11 November 2003 based on the salary grade
levels of the officials. Hence, the SAJ granted to the
ACC, DCCs and ACAs was computed at 25% of SG
30 plus the highest earned increment. However, the
FMBO argues, if the 10 October 2004 Resolution
would be followed, ACCs, DCCs and ACAs—who
have the equivalent rank, salaries, and privileges of a
Presiding Judge of the CTA with SG 30—should
actually be receiving less than 25% of SG 30 since the
Resolution orders that the ACA should be granted a
distortion pay equivalent to the allowance of an RTC
judge (who has SG 29)4 with the highest earned
increment. This results in a diminution of these
concerned officials’ salaries and benefits and
consequently may constitute a violation of the
constitutional right under Art. VIII, Sec. 10.5 Per the
FMBO’s computation, there would be a discrepancy
of P930.75 of the 11 November 2003 implementation
of the SAJ for the ACCs, DCCs and ACAs. The FMBO
then requested further instructions if the SAJ were
incorrectly computed.
The FMBO’s Memorandum was likewise referred to
the OCAT for evaluation, report and recommendation.
In its Report dated 10 March 2005, the OCAT
recommended that ACAs Antonio H. Dujua and
Ismael G. Khan, Jr., who occupied the positions of
ACA even before the promulgation of the 1 October
2004 Resolution, be allowed to receive SAJ based on
their actual salaries including earned step increments
and longevity pay until they have moved out of their
positions, with the Resolution applied only to the
successors to their position, and that ACA Reuben P.
de la Cruz be entitled to SAJ prescribed in the 1
October 2004 Resolution, that is, his allowance is to
be computed based on SG 29. He should also not be
required to refund the excess of the amount of SAJ he
already received as he is deemed to have acted in
good faith in receiving the excess. The OCAT further
recommended a review of the judicial ranking for all
Court officials as a whole.
In recommending that the SAJ of ACAs Dujua and
Khan be computed based on their actual salaries
including step increments and longevity pay, the
OCAT relied on the Court’s previous resolution6 which
clarified the term "basic monthly salary" to refer to the
actual basic monthly salary of Justices and judges,
including step increments and longevity pay, and
excluding PERA, extraordinary allowance, RATA, and
other forms of judicial compensation. Going by this
definition, no two Justices or judges would receive the
same amount of basic monthly salary and,
consequently, SAJ, since the basis for the
computation thereof would vary from the length of
service of one official to the other. It would thus be
unfair to grant ACAs a distortion allowance equivalent
to the allowance of a RTC judge with the highest
earned increment if that ACA has been in the judicial
service for more than five years, the OCAT opined. In
addition, since the Special Allowance has been
interpreted by the Court as actually forming part of
basic salary,7 such special allowance may not be
decreased in amount without violating Sec. 10, Art.
VIII of the Constitution. Moreover, per the principle of
vested right, ACAs Dujua and Khan have acquired a
right to the amount of Special Allowance computed on
the basis of SG 30 with earned step increments and
longevity pay.
As to ACA de la Cruz, he was appointed to the
position of ACA after the promulgation of the 1
October 2004 Resolution. Since he could not have
been entitled to the allowance if he did not have
judicial rank, the OCAT deduces that the Resolution of
24 October 1996, granting ACAs the rank, salary and
privileges of the CTA Presiding Judge, has been
amended by the Resolution of 1 October 2004 such
that the ACAs now have the rank, salary and
privileges of an RTC Judge. That the ACAs should
have the rank, salary and privileges of an RTC Judge
may be implied not only from the prescribed distortion
allowance specifying SG 29 of RTC judges but also
from the discussion of the Resolution of 1 October
2004 that proscribes the grant to them of a judicial
rank higher than an RTC judge, the OCAT expounds.
Furthermore, the OCAT believes that a similar
problem in the judicial ranking and computation of SAJ
of other officials in the court, specifically the Assistant
Clerk of Court and the Division Clerks of Court, exists
which may necessitate a review of qualification
standards and judicial ranking for these positions.
On 10 January 2006, ACA de la Cruz submitted a
Memorandum dated 3 January 2006 seeking
clarification on the implementation of the 1 October
2001 Resolution on ACAs and ultimately asking that
the resolution be reconsidered and set aside. ACA de
la Cruz opined that although the salary of the ACA has
been fixed by law at SG 30,8 similar to the salary
grade of a DCA, and the ACAs’ entitlement to the
special allowance in R.A. No. 9227 has been granted,
de la Cruz believes that the ranking and category of
ACAs remains undefined. He explains that the
organizational ranking in the Office of the Court
Administrator (OCA) will be disturbed should ACAs be
granted the rank and category similar to that of the
Presiding Judge of the CTA, which, by virtue of R.A.
No. 9282, has been elevated to the rank of the
Presiding Justice of the CA. The effect is that the
ACAs would be at par with their superior, the Court
Administrator, which has the rank and privileges of a
CA Presiding Justice and SG 31. Hence, he posits,
there is a distortion in the hierarchy of officials in the
Judiciary that may supposedly be remedied if the
Court adopts the recommendations of the OCAT in
their Memorandum9 of 17 May 2004 to the Chief
Justice, especially since the DCAs and ACAs actually
perform parallel functions in assisting the Court
Administrator in executing and implementing policies,
orders, rules and regulations regarding administrative
supervision of the lower courts. ACA de la Cruz then
cites A.M. No. 98-7-01-SC dated 22 February
2005, Re: Resolution Providing for the Staffing Pattern
of the Office of the Court Administrator, which defined
the roles of the DCAs and the ACAs10 and shows that
the ACAs are vested with a heavier responsibility than
the DCAs. The functions of the DCAs and ACAs
actually have no substantial distinction since both
provide support functions to the Court Administrator in
his performance of his functions. ACA de la Cruz also
stresses that it is important to clarify the ACAs’ judicial
ranking and privileges so as not to confuse them with
those of the RTC judges who are under the ACAs’
supervision. Finally, such need for the clarification is
important in view of the proposed establishment of the
Regional Court Administration Offices pursuant to
Memorandum Order No. 43-2005 dated 17 August
2005. Hence, ACA dela Cruz prays that the
Resolution dated 1 October 2004 be reconsidered and
set aside and that the ACAs be granted the rank,
salary and privileges of an Associate Justice of the
Court of Appeals.
We deal with the requests of the FMBO and ACA de la
Cruz jointly.
It would be best to trace the history of the creation of
the CTA and OCA and the relevant positions under
them in order to better understand their place in the
hierarchy of courts. Thus:
The CTA was created by R.A. No. 112511 in 1954. The
CTA’s standing in the hierarchy of courts in our
jurisdiction, before its elevation to a collegiate tribunal
by virtue of R.A. No. 9282, was that of a specialized
court of limited jurisdiction.12 It was not at the same
level as the CA, since its decisions may be appealed
thereto, and it was not also a trial court. Under Section
1 of R.A. No. 1125, the Presiding Judge of the CTA
had the same qualifications, rank, category and
privileges as the Presiding Judge of the Court of
Industrial Relations (CIR) while the Associate Judge
of the CTA had the same qualifications, rank, category
and privileges of a member of the CIR. In Kaisahan ng
mga Manggagawa sa La Campana v. Hon.
Caluag,13 the CIR was equal in rank with the Courts of
First Instance. On 7 March 1994, President Fidel V.
Ramos issued Executive Order No. 16414 adopting the
Compensation and Position Classification System
under Joint Resolution No. 1, series of 1994, which
assigned SG 30 to the Presiding Judge of the CTA.
Presidential Decree No. 82815 created the Office of the
Court Administrator and granted the Court
Administrator the same rank, privileges, and
compensation as those of the Presiding Justice of the
CA. The three DCAs created were given the same
rank, privileges and compensation as those of
Associate Justices of the CA. Hence, the Court
Administrator enjoyed SG 31 and the DCAs, SG 30.
On 20 June 1995, the Court en banc issued a
resolution giving the Clerk of Court (COC) the rank,
salary and privileges of an Associate Justice of the CA,
the ACC and the DCCs the rank, salary and privileges
of a Presiding Judge of a Specialized Court (CTA),
and the Deputy COCs and Chiefs of Offices and
Executive Officers the rank, salary and privileges of
RTC judges.
On 24 October 1996, the Court en banc issued a
resolution reorganizing and strengthening the OCA
and creating two positions of ACA with the same
qualifications, rank, salary and privileges as the
Presiding Judge of the CTA. On 22 June 1999,
another resolution was issued creating another
position of ACA as Chief of the Public Information
Office, also with rank, salary and privileges of a CTA
Presiding Judge. Hence, the COC, ACC, DCCs and
ACAs enjoy the same SG 30.
R.A. No. 9282 elevated the rank of the CTA to that of
a collegiate court with special jurisdiction in the same
level as the Court of Appeals and such elevation
necessitated the increase in rank, salary, and
privileges of its Presiding Judge and Associate
Judges to Presiding Justice and Associate Justices,
respectively. However, such elevation of rank, salary
and privileges of the CTA Presiding Judge to that of
CA Presiding Justice did not translate to the elevation
to the same level of other positions vested with the
judicial rank of CTA Presiding Judge.
The 1 October 2004 Resolution which granted the
ACAs a special allowance of an RTC judge with the
highest earned step increment also did not lower the
judicial rank of the ACA to that of an RTC judge, as
interpreted by the OCAT.16 Instead, it appears that the
Resolution, in granting such allowance to the ACAs,
CA DCCs and SB ECCs, intended to keep intact the
judicial hierarchy in our courts while extending the
coverage of R.A. No. 9227 to those who were
excluded in the enumeration of entitled judicial officers,
in violation of the equal protection clause.
The Resolution of 1 October 2004 also recognized
that there is a difference in the functions performed by
the DCAs and the ACAs. The DCAs’ functions cover
regions, while those of the ACAs cover cities and
municipalities in the National Capital Region and in an
assisting capacity to the Court Administrator. The
DCA exercises greater responsibilities than the ACAs
and are thus, according to the Resolution, granted
benefits greater than those of ACAs. Consequently,
the DCA was granted the special allowance of a CA
Associate Justice, while the ACA the special
allowance of an RTC judge with the highest earned
step increment.
However, we cannot discount the fact that the law
accords the DCAs and the ACAs the same SG 30
despite the difference in their rank and functions.
There is thus, merit to the concerns expressed by the
FMBO and the OCAT of diminution of salaries and
benefits and distortion in the judicial hierarchy.
Sec. 2 of R.A. No. 9227 clearly provides that the
concerned officials shall be granted special
allowances equivalent to 100% of the basic monthly
salary specified for their respective salary
grades under the Salary Standardization Law. Under
the 1 October 2004 Resolution, it was held that the
ACAs cannot be accorded an allowance equivalent to
that granted the CA Presiding Justice (who has SG
31), for that is the allowance to be received by the
Court Administrator (who has a rank equivalent to a
CA Presiding Justice and SG 31), and that is also
higher than what the DCAs will receive, which is
equivalent to the allowance of a CA Associate Justice.
However, by the concept of vested right, ACAs can be
granted a special allowance computed on the basis of
their salary grade which is SG 30. A "vested right" is
one which is absolute, complete, and unconditional,
the exercise of which no obstacle exists, and which is
immediate and perfect in itself and not dependent
upon a contingency. To be vested in its accurate legal
sense, a right must be complete and consummated,
and one of which the person to whom it belongs
cannot be divested without his consent.17
The Court had previously held that the basis of the
computation of the "basic monthly salary" under R.A.
No. 9227 is the actual basic monthly salary of justices
and judges, including step increments and longevity
pay, and excluding PERA, extraordinary allowance,
RATA, and other forms of judicial compensation.18 It
had also declared that the special allowance under
R.A. No. 9227 is intended to be part of the basic
salary of justices, judges, and all other positions in the
judiciary of equivalent rank.19 It cannot be denied then
that these concerned officials have acquired a right to
the amount of special allowance computed on the
basis of their actual basic monthly salary. Their
entitlement to the special allowance equivalent to their
actual basic monthly salary has become vested by
virtue of the application of the law. Granting them an
allowance lower than their actual basic monthly salary
would even constitute a violation of the constitutional
provision against diminution of their salaries and
benefits.20
The position of CTA Presiding Judge has been
eliminated with the promulgation of R.A. No. 9282, but
the entitlement to the special allowance under R.A. No.
9227 of the holders of positions with such equivalent
rank has already been ascertained in the 1 October
2004 Resolution. ACAs should then be granted the
allowance based on SG 30 in keeping with the
instruction in Sec. 2, R.A. No. 9227 that the allowance
be based on the basic monthly salary of the salary
grade for the position. ACAs Dujua and Khan would
then receive the same allowance at SG 30, and not
the allowance of an RTC judge with the highest
earned step increment at SG 29. ACA dela Cruz
should likewise receive an allowance identical as
ACAs Dujua and Khan’s. This would visibly reflect his
promotion from his previous position as Executive
Judge with SG 29 to ACA with SG 30, since a
promotion connotes not only an increase in duties and
responsibilities but also in compensation and benefits.
Similarly, the positions of SC DCCs and ACCs should
also be granted the allowance at SG 30.
The Court cannot help but notice though that there is a
need to review the hierarchy and ranking of court
officials in view of the elevation of the CTA to a
collegiate tribunal and the consequent abolition of the
position of CTA Presiding Judge. There is confusion in
the judicial ranking of some court positions resulting in
disparity in their corresponding salaries and other
emoluments. In this instance, the position of CTA
Presiding Judge has become obsolete, but the
positions which have the equivalent rank, salary and
privileges of a presiding judge of a specialized court
subsist and retain the same rank. There are other
positions that were affected by the elevation of the
CTA’s level in the judicial hierarchy. For one, the
Assistant Chancellor of the Philippine Judicial
Academy (PHILJA) was granted "the same
compensation and benefits as a Presiding Judge of a
specialized court,"21 but since there are now two
specialized courts in the same level of judicial
hierarchy, namely the CTA and the Sandiganbayan,
the use of the term "Presiding Judge" engenders
doubt as to which court is being referred to, especially
since the Resolution granting such compensation and
benefits to the Assistant Chancellor was promulgated
after R.A. No. 9282 was passed into law and therefore
could not have referred to the CTA. Arguments have
also been raised pertaining to the functions being
served by the DCAs and the ACAs, in the main
expressing the views that the two positions perform
the same roles but have different ranks and salary
grades. The OCAT had previously pointed out that
while officials of the Court of Appeals have been
granted the rank, salary and privileges of a MeTC
judge, no official in the Supreme Court has been
similarly privileged, evincing a piecemeal approach to
the matter that brings down the morale of officials in
the judiciary. The OCAT also especially mentions the
suspension of the implementation of the Resolution
dated 3 August 2004 in A.M. No. 04-6-08-SC
entitled Re: Request of the Chief of Administrative
Services for Clarification as to Judicial Ranking,
Salary and Privileges of the Assistant Clerk of Court
and Division Clerks of Court in view of the Effectivity of
Republic Act No. 9282.
Verily, the matter of judicial ranking is a sensitive and
important issue in the judiciary; hence, it has been
periodically raised before the Court in other different
administrative matters. The restructuring of the
positions in the judiciary is the key to rectifying this
problem of distortion. The reassessment of the proper
hierarchical order of positions in the judiciary,
including their ranks, salaries and privileges, is within
the Court’s administrative power and a consequence
of the Judiciary’s fiscal autonomy to allocate and
utilize its resources with the wisdom and dispatch that
its needs may require.22
Hence, a review of the Resolution Reorganizing and
Strengthening the Office of the Court
Administrator dated 24 October 1996 is in order,
particularly in clarifying the rank of ACAs and other
holders of positions with equivalent rank of CTA
Presiding Judge, such as the ACC and DCCs, in view
of the abolition of the position of CTA Presiding Judge
with the enactment of R.A. No. 9282. A thorough
study and cogitation of the overhauling of the
hierarchy of positions in the judiciary must be
considered as a more permanent solution. For this
purpose, the Office of the Court Administrator (OCA)
is directed to make the review and submit its
recommendations.
Action on the request of the ACAs to upgrade their
salaries and privileges to that of a CTA Presiding
Justice, and that of ACA de la Cruz that ACAs be
granted the rank, salary and privileges of a CA
Associate Justice, is deferred pending submission of
the report and recommendations of the OCA.
WHEREFORE, the following are GRANTED the
Special Allowance under Section 2 of Republic Act No.
9227 from 11 November 2003, the date of effectivity of
said law, to wit:
(1) The Chief Reporter or Reporter II of the Court of
Appeals and the Executive Clerk of Court III of the
Court of Tax Appeals, the allowance of a Metropolitan
Trial Court judge; and
(2) The Division Clerks of Court and Assistant Clerks
of Court of the Supreme Court, the allowance
equivalent to 100% of the basic monthly salary
specified for the salary grade for their position which is
SG 30.
The dispositive portion of the Resolution of 1 October
2004 is MODIFIED IN PART. The Assistant Court
Administrators are GRANTED the special allowance
under Section 2 of Republic Act No. 9227, to
commence from the date of effectivity of the law or the
date of appointment to the position, as the case may
be.
The dispositive portion of the Resolution of 1 October
2004 granting the Assistant Clerk of Court and the
Division Clerks of Court of the Court of Appeals and
the Executive Clerks of Court of the Sandiganbayan
the allowance of a Metropolitan Trial Court judge is
REITERATED.
The Court orders the IMMEDIATE RELEASE of the
amounts equivalent to the distortion pay the
aforenamed concerned officials are entitled to, subject
to the availability of funds.
The Office of the Court Administrator is DIRECTED to
study and review the Resolution dated 24 October
1996 Reorganizing and Strengthening the Office of
the Court Administrator with the end in view of
addressing the distortions consequent to the abolition
of the position of Presiding Judge of the Court of Tax
Appeals with the enactment of Republic Act No. 9282
and restructuring the hierarchy of positions in the
judiciary and to SUBMIT a report and
recommendations thereon within thirty (30) days from
receipt of this Resolution.
SO ORDERED.
Panganiban, C.J., Puno, Quisumbing,
Ynares-Santiago, Sandoval-Gutierrez, Carpio,
Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr.,
Azcuna, Chico-Nazario, Garcia, Velasco, Jr.,
J.J., concur.
Footnotes
1Petition for Upgrading of Court of Appeals Positions;
minute resolution dated 24 February 2003.
2 Re: In the Matter of Upgrading or Reclassification of
the Positions of Executive Clerk of Court II (SG 27)
and Executive Clerk of Court I (SG 26), Court of Tax
Appeals; minute resolution dated 18 January 2000.
3Reports dated 30 November 2004 and 14 January
2005.
4As prepared by the Department of Budget and
Management pursuant to R.A. No. 6758, The
Compensation and Position Classification Act of 1989.
5 Art. VIII, Sec. 10 states: "The salary of the Chief
Justice and of the Associate Justices of the Supreme
court, and of judges of lower courts shall be fixed by
law. During their continuance in office, their salary
shall not be decreased."
6 Resolution of 24 February 2004 in A.M. No.
03-12-04-SC, Re: Possible Means to Implement the
Special Allowance under R.A. 9227 and to Increase
the Judiciary Development Fund, which clarified the
term "basic monthly salary" in Sec. 2 of R.A. No. 9227.
7 Per Resolution dated 1 December 2004 in A.M. No.
04-11-06-SC, Re: Request of Retired Justices of the
Supreme Court for the Upgrading of Their Retirement
Benefits, which interpreted Sec. 6 of R.A. No. 9227.
The pertinent portion thereof reads: "The special
allowance is intended to be part of the basic salary of
the justices, judges and all other positions in the
judiciary of equivalent rank. The law itself categorically
states that "the special allowance equivalent to the
increase in the basic salary as may be provided by law
shall be converted as part of basic salary.’"
8Per A. M. No. 99-5-08-SC dated 15 January
2002, Re: Resolution Creating an Additional Position
of ACA, where the ACA shall have the same
qualifications, rank, salary and privileges as the
Presiding Judge of the Court of Tax Appeals.
9 This is a consolidated Memorandum submitted by
the OCAT dealing with the effect of R.A. No. 9282 on
the hierarchy of positions and judicial rank in the Court,
in response to the request of ACAs Antonio H. Dujua,
Ismael G. Khan, Jr., and Carlos L. de Leon that their
salaries and privileges be upgraded in view of the
effectivity of RA. No. 9282, and the request of Deputy
Clerk of Court Eden T. Candelaria for clarification of
the judicial ranking, salary and privileges of the SC
Assistant Clerk of Court, SC Division Clerks of Court,
and SC Assistant Court Administrators in view of R.A.
No. 9282. In said Memorandum, the Chief Attorney
opined that: "The court may therefore grant the
Assistant Court Administrators the judicial rank of
Associate Justice of the CTA, definitely not that of the
Presiding Justice of the CTA, which is the judicial rank
of the Court Administrator. However, by granting the
Assistant Court Administrators the rank of Associate
Justice of the CTA, they would be placed on the same
judicial rank as the Deputy Court Administrators who
enjoy the rank of Associate Justice of the Court of
Appeals. Hence, there must be a valid reason for
placing them on an equal level in the hierarchy of
positions as the Deputy Court Administrators." One of
the recommendations of the Chief Attorney was that
the ACAs be granted the rank, salary and privileges of
an Associate Justice of the Court of Appeals. This was
not adopted by the Court in the now assailed
Resolution dated 1 October 2004.
10 The relevant portions of the resolution provide:
2. Deputy Court Administrators
2.1. Assist the Court Administrator formulate and
implement policies and standards for the internal
operations of the four (4) OCA Offices and the lower
courts in the regions assigned to them;
2.2. Assist the Court Administrator act on
administrative disciplinary matters concerning judges
and lower court employees stationed in the regions
assigned to them;
2.3. Exercise direct control and supervision over the
judicial supervisors assigned to them, including the
conduct of their judicial audit;
2.4. Perform such other functions as may be
delegated or assigned by the Court Administrator of
the Supreme Court.
3. Assistant Court Administrators
3.1. Assist the Court Administrator formulate and
implement policies and standards for the internal
operations of the four (4) OCA Offices and the lower
courts;
3.2. Assist the Court Administrator oversee the
operational activities of the Court Management Office
(CMO), Legal Office (LEGO), Financial Management
Office (FMO) and Office of Administrative Services
(OAS-OCA);
3.3. Assist the Court Administrator act on
administrative disciplinary matters concerning judges
and lower court employees in specified stations;
3.4. Assist the Court Administrator in all liaison and
coordination activities with the Executive and
Legislative Departments; and
3.5. Perform such other functions as may be
delegated or assigned by the Court Administrator or
the Supreme Court.
11An Act Creating the Court of Tax Appeals, 16 June
1954.
12Philippine Ports Authority v. Fuentes, G.R. No.
91259, 16 April 1991, 195 SCRA 790, 796.
13 112 Phil. 700 (1961).
14 91 O.G. 4.
Creating the Office of the Court Administrator in the
15
Supreme Court and Providing Funds Therefor and For
Other Purposes, 18 November 1975.
16 Report dated 10 March 2005, p. 19.
17Development Bank of the Philippines v. Court of
Appeals, No. L-28774, 28 February 1980, 96 SCRA
342, 359.
18A Resolution Clarifying "Basic Monthly Salary"
Under R.A. No. 9227, A.M. No. 03-12-04-SC, 24
February 2004.
Re: Request of Retired Justices of the Supreme
19
Court for the Upgrading of their Retirement
Gratuities, A.M. No. 04-11-06-SC, 1 December 2004.
20 See Const., Art. VIII, Sec. 10.
21Per the resolution Clarifying and Strengthening the
Organizational Structure and Administrative Setup of
the Philippine Judicial Academy, A.M. No. 01-1-04-SC,
24 February 2004.
22 Bengzon v. Drilon, 208 SCRA 133 (1992).
Rule on Adoption
A.M. No. 02-6-02-SC
Supreme Court of the Philippines
2 August 2002
Republic of the Philippines
Supreme Court
Manila
En Banc
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.
(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.
(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 child whose parents, guardian or relatives are
unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of birth
and parentage and registered in the Civil 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.
(h) “Neglected child” is one whose basic needs have
been deliberately not attended to or inadequately
attended to, physically or emotionally, by his parents or
guardian.
(i) “Physical neglect” occurs when the child is
malnourished, ill-clad and without proper shelter.
(j) “Emotional neglect” exists when a child is raped,
seduced, maltreated, exploited, overworked or made to
work under conditions not conducive to good health or
made to beg in the streets or public places, or placed in
moral danger, or exposed to drugs, alcohol, gambling,
prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly
licensed and accredited by the Department to provide
comprehensive child welfare services including, but not
limited to, receiving applications for adoption, evaluating
the prospective adoptive parents and preparing the
adoption home study report.

(l) “Child-caring agency” refers to an agency duly
licensed and accredited by the Department that provides
24-hour residential care services for abandoned,
orphaned, neglected or voluntarily committed children.
(m) “Department” refers to the Department of Social
Welfare and Development.
(n) “Deed of Voluntary Commitment” refers to the written
and notarized instrument relinquishing parental authority
and committing the child to the care and custody of the
Department executed by the child’s biological parents or
in their absence, mental incapacity or death, by the
child’s legal guardian, to be witnessed by an authorized
representative of the Department after counseling and
other services have been made available to encourage
the biological parents to keep the child.
(o) “Child Study Report” refers to a study made by the
court social worker of the child’s legal status, placement
history, psychological, social, spiritual, medical,
ethno-cultural background and that of his biological
family needed in determining the most appropriate
placement for him.
(p) “Home Study Report” refers to a study made by the
court social worker of the motivation and capacity of the
prospective adoptive parents to provide a home that
meets the needs of a child.
(q) “Supervised trial custody” refers to the period of time
during which a social worker oversees the adjustment
and emotional readiness of both adopters and adoptee in
stabilizing their filial relationship.
(r) “Licensed Social Worker” refers to one who
possesses a degree in bachelor of science in social work
as a minimum educational requirement and who has
passed the government licensure examination for social
workers as required by Republic Act No. 4373.
(s) “Simulation of birth” is the tampering of the civil
registry to make it 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 true
identity and status.
(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.
(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.
(w) “Alien” refers to any person, not a Filipino citizen,
who enters and remains in the Philippines and is in
possession of a valid passport or 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;
(2) Any alien possessing the same qualifications as
above-stated for Filipino nationals: Provided, That his
country has diplomatic relations 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 the
petition for adoption and maintains such residence until
the adoption decree is entered, 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 that his government allows the adoptee
to enter his country as his adopted child. Provided,
further, That the requirements on residency and
certification of the alien’s qualification to adopt in his
country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative
within the fourth (4th) degree of consanguinity or affinity;
or
(ii) one who seeks to adopt the legitimate child of his
Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to
adopt jointly with his spouse a relative within the fourth
(4th) degree of consanguinity or affinity of the Filipino
spouse.
(3) The guardian with respect to the ward after the
termination of the guardianship and clearance of his
financial accountabilities.
Husband and wife shall jointly adopt, except in the
following cases:
(i) if one spouse seeks to adopt the legitimate child of
one spouse by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child:
Provided, however, That the other spouse has signified
his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse
adopts the illegitimate child of the other, joint parental
authority shall be exercised by the spouses.
Section 5. Who may be adopted.— The following may be
adopted:
(1) Any person below eighteen (18) years of age who
has been voluntarily committed to the Department under
Articles 154, 155 and 156 of P.D. No. 603 or judicially
declared available for adoption;
(2) The legitimate child of one spouse, by the other
spouse;
(3) An illegitimate child, by a qualified adopter to raise
the status of the former to that of legitimacy;
(4) A person of legal age regardless of civil status, if,
prior to the adoption, said person has been consistently
considered and treated by the adopters as their own
child since minority;
(5) A child whose adoption has been previously
rescinded; or
(6) A child whose biological or adoptive parents have
died: Provided, That no proceedings shall be initiated
within six (6) months from the time of death of said
parents.
(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;
(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 adoption may be rescinded based on any of the
the decree of adoption within thirty (30) days from receipt following grounds committed by the adopter:
of the certificate of finality;

1) repeated physical and verbal maltreatment by the

b. to issue a certificate of birth which shall not bear any adopter despite having undergone counseling;
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, 2) attempt on the life of the adoptee;
place of birth, name and citizenship of adoptive mother
and father, and the date and place of their marriage,
when applicable;
3) sexual assault or violence; or

c. to seal the original certificate of birth in the civil registry

4) abandonment or failure to comply with parental
records which can be opened only upon order of the
obligations.
court which issued the decree of adoption; and

Adoption, being in the best interests of the child, shall not

d. to submit to the court issuing the decree of adoption
be subject to rescission by the adopter. However, the
proof of compliance with all the foregoing within thirty
adopter may disinherit the adoptee for causes provided
days from receipt of the decree.
in Article 919 of the Civil Code.

If the adoptee is a foundling, the court shall order the

Section 20. Venue.— The petition shall be filed with the
Civil Registrar where the foundling was registered, to
Family Court of the city or province where the adoptee
annotate the decree of adoption on the foundling
resides.
certificate and a new birth certificate shall be ordered
prepared by the Civil Registrar in accordance with the
decree.
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
Section 17. Book of Adoptions.— The Clerk of Court
after he reaches the age of majority, or if he was
shall keep a book of adoptions showing the date of
incompetent at the time of the adoption, within five (5)
issuance of the decree in each case, compliance by the
years after recovery from such incompetency.
Civil Registrar with Section 16(B)(3) and all incidents
arising after the issuance of the decree.

Section 22. Order to Answer.— The court shall issue an

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.
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.

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 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.
Section 33. Effectivity.— This Rule shall take effect on
August 22, 2002 following its publication in a newspaper
of general circulation.
Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 07-9-12-SC
(25 September 2007)
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. – The petition for a writ of amparo
is a remedy available 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.
The writ shall cover extralegal killings and enforced
disappearances or threats thereof.
SEC. 2. Who May File. – The petition may be filed by the
aggrieved party or by any qualified person or entity in the
following order:
Any member of the immediate family, namely: the
spouse, children and parents of the aggrieved party;
Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of
consanguinity or affinity, in default of those mentioned in
the preceding paragraph; or
Any concerned citizen, organization, association or
institution, if there is no known member of the immediate
family or relative of the aggrieved party.
The filing of a petition by the aggrieved party suspends
the right of all other authorized parties to file similar
petitions. Likewise, the filing of the petition by an
authorized party on behalf of the aggrieved party
suspends the right of all others, observing the order
established herein.
SEC. 3. Where to File. – The petition may be filed on any
day and at any time with the Regional Trial Court of the
place where the threat, act or omission was committed or
any of its elements occurred, or with the Sandiganbayan,
the Court of Appeals, the Supreme Court, or any justice
of such courts. The writ shall be enforceable anywhere in
the Philippines.
When issued by a Regional Trial Court or any judge
thereof, the writ shall be returnable before such court or
judge.
When issued by the Sandiganbayan or the Court of
Appeals or any of their justices, it may be returnable
before such court or any justice thereof, or to any
Regional Trial Court of the place where the threat, act or
omission was committed or any of its elements occurred.
When issued by the Supreme Court or any of its justices,
it may be returnable before such Court or any justice
thereof, or before the Sandiganbayan or the Court of
Appeals or any of their justices, or to any Regional Trial
Court of the place where the threat, act or omission was
committed or any of its elements occurred.
SEC. 4. No Docket Fees. – The petitioner shall be
exempted from the payment of the docket and other
lawful fees when filing the petition. The court, justice or
judge shall docket the petition and act upon it
immediately.
SEC. 5. Contents of Petition. – The petition shall be
signed and verified and shall allege the following:
The personal circumstances of the petitioner;
The name and personal circumstances of the respondent
responsible for the threat, act or omission, or, if the name
is unknown or uncertain, the respondent may be
described by an assumed appellation;
The right to life, liberty and security of the aggrieved
party violated or threatened with violation by an unlawful
act or omission of the respondent, and how such threat
or violation is committed with the attendant
circumstances detailed in supporting affidavits;
The investigation conducted, if any, specifying the
names, personal circumstances, and addresses of the
investigating authority or individuals, as well as the
manner and conduct of the investigation, together with
any report;
The actions and recourses taken by the petitioner to
determine the fate or whereabouts of the aggrieved party
and the identity of the person responsible for the threat,
act or omission; and
The relief prayed for.
The petition may include a general prayer for other just
and equitable reliefs.
SEC. 6. Issuance of the Writ. – Upon the filing of the
petition, the court, justice or judge shall immediately
order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the
seal of the court; or in case of urgent necessity, the
justice or the judge may issue the writ under his or her
own hand, and may deputize any officer or person to
serve it.
The writ shall also set the date and time for summary
hearing of the petition which shall not be later than seven
(7) days from the date of its issuance.
SEC. 7. Penalty for Refusing to Issue or Serve the Writ. –
A clerk of court who refuses to issue the writ after its
allowance, or a deputized person who refuses to serve
the same, shall be punished by the court, justice or judge
for contempt without prejudice to other disciplinary
actions.
SEC. 8. How the Writ is Served. – The writ shall be
served upon the respondent by a judicial officer or by a
person deputized by the court, justice or judge who shall
retain a copy on which to make a return of service. In
case the writ cannot be served personally on the
respondent, the rules on substituted service shall apply.
SEC. 9. Return; Contents. – Within seventy-two (72)
hours after service of the writ, the respondent shall file a
verified written return together with supporting affidavits
which shall, among other things, contain the following:
The lawful defenses to show that the respondent did not
violate or threaten with violation the right to life, liberty
and security of the aggrieved party, through any act or
omission;
The steps or actions taken by the respondent to
determine the fate or whereabouts of the aggrieved party
and the person or persons responsible for the threat, act
or omission;
All relevant information in the possession of the
respondent pertaining to the threat, act or omission
against the aggrieved party; and
If the respondent is a public official or employee, the
return shall further state the actions that have been or
will still be taken:
to verify the identity of the aggrieved party;
to recover and preserve evidence related to the death or
disappearance of the person identified in the petition
which may aid in the prosecution of the person or
persons responsible;
to identify witnesses and obtain statements from them
concerning the death or disappearance;
to determine the cause, manner, location and time of
death or disappearance as well as any pattern or
practice that may have brought about the death or
disappearance;
to identify and apprehend the person or persons involved
in the death or disappearance; and
to bring the suspected offenders before a competent
court.
The return shall also state other matters relevant to the
investigation, its resolution and the prosecution of the
case.
A general denial of the allegations in the petition shall not
be allowed.
SEC. 10. Defenses not Pleaded Deemed Waived. — All
defenses shall be raised in the return, otherwise, they
shall be deemed waived.
SEC. 11. Prohibited Pleadings and Motions. – The
following pleadings and motions are prohibited:
Motion to dismiss;
Motion for extension of time to file return, opposition,
affidavit, position paper and other pleadings;
Dilatory motion for postponement;
Motion for a bill of particulars;
Counterclaim or cross-claim;
Third-party complaint;
Reply;
Motion to declare respondent in default;
Intervention;
Memorandum;
Motion for reconsideration of interlocutory orders or
interim relief orders; and
Petition for certiorari, mandamus or prohibition against
any interlocutory order.
SEC. 12. Effect of Failure to File Return. — In case the
respondent fails to file a return, the court, justice or judge
shall proceed to hear the petition ex parte.
SEC. 13. Summary Hearing. — The hearing on the
petition shall be summary. 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
given the same priority as petitions for habeas corpus.
SEC. 14. Interim Reliefs. — Upon filing of the petition or
at anytime before final judgment, the court, justice or
judge may grant any of the following reliefs:
(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(c) of this Rule, the protection may be extended
to the officers involved.
The Supreme Court shall accredit the persons and
private institutions that shall extend temporary protection
to the petitioner or the aggrieved party and any member
of the immediate family, in accordance with guidelines
which it shall issue.
The accredited persons and private institutions shall
comply with the rules and conditions that may be
imposed by the court, justice or judge.
(b) Inspection Order. — The court, justice or judge, upon
verified motion and after due hearing, may order any
person in possession or control of a designated land or
other property, to permit entry for the purpose of
inspecting, measuring, surveying, or photographing the
property or any relevant object 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.
If 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
rights 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 objects in
digitized or electronic form, which constitute or contain
evidence relevant to the petition 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 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.
The court, justice or judge shall prescribe other
conditions to protect the constitutional rights of all the
parties.
(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 Republic Act No. 6981.
The court, justice or judge may also refer the witnesses
to other government agencies, or to accredited persons
or private institutions capable of keeping and securing
their safety.
SEC. 15. Availability of Interim Reliefs to Respondent. –
Upon verified motion of the respondent and after due
hearing, the court, justice or judge may issue an
inspection order or production order under paragraphs (b)
and (c) of the preceding section.
A motion for inspection order under this section shall be
supported by affidavits or testimonies of witnesses
having personal knowledge of the defenses of the
respondent.
SEC. 16. Contempt. – The court, justice or judge may
order the respondent who refuses to make a return, or
who makes a false return, or any person who otherwise
disobeys or resists a lawful process or order of the court
to be punished for contempt. The contemnor may be
imprisoned or imposed a fine.
SEC. 17. Burden of Proof and Standard of Diligence
Required. – The parties shall establish their claims by
substantial evidence.
The respondent who is a private individual or entity must
prove that ordinary diligence as required by applicable
laws, rules and regulations was observed in the
performance of duty.
The respondent who is a public official or employee must
prove that extraordinary diligence as required by
applicable laws, rules and regulations was observed in
the performance of duty.
The respondent public official or employee cannot invoke
the presumption that official duty has been regularly
performed to evade responsibility or liability.
SEC. 18. Judgment. — The court shall render judgment
within ten (10) days from the time the petition is
submitted for decision. If the allegations in the petition
are proven by substantial evidence, the court shall grant
the privilege of the writ and such reliefs as may be proper
and appropriate; otherwise, the privilege shall be denied.
SEC. 19. Appeal. – Any party may appeal from the final
judgment or order to the Supreme Court under Rule 45.
The appeal may raise questions of fact or law or both.
The period of appeal shall be five (5) working days from
the date of notice of the adverse judgment.
The appeal shall be given the same priority as in habeas
corpus cases.
SEC. 20. Archiving and Revival of Cases. – The court
shall not dismiss the petition, 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.
A periodic review of the archived cases shall be made by
the amparo court that shall, motu proprio or upon motion
by any party, order their revival when ready for further
proceedings. 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 archiving the case.
The clerks of court shall submit to the Office of the Court
Administrator a consolidated list of archived cases under
this Rule not later than the first week of January of every
year.
SEC. 21. Institution of Separate Actions. — This Rule
shall not preclude the filing of separate criminal, civil or
administrative actions.
SEC. 22. Effect of Filing of a Criminal Action. – When a
criminal action has been commenced, no separate
petition for the writ shall be filed. The reliefs under the
writ shall be available by motion in the criminal case.
This Resolution shall take effect on February 2, 2008,
following its publication in three (3) newspapers of
general circulation.
January 22, 2008.

The procedure under this Rule shall govern the

disposition of the reliefs available under the writ of (Sgd.)
amparo.
REYNATO S. PUNO
Chief Justice
SEC. 23. Consolidation. – When a criminal action is filed
(Sgd.) (Sgd.)
subsequent to the filing of a petition for the writ, the latter
shall be consolidated with the criminal action.
LEONARDO A. CONSUELO
QUISUMBING YNARES-SANTIAGO
Associate Justice Associate Justice
When a criminal action and a separate civil action are
filed subsequent to a petition for a writ of amparo, the (Sgd.) (Sgd.)
latter shall be consolidated with the criminal action.
ANGELINA ANTONIO T. CARPIO
SANDOVAL-GUTIERREZ Associate Justice
After consolidation, the procedure under this Rule shall Associate Justice
continue to apply to the disposition of the reliefs in the
petition. (Sgd.) (Sgd.)

MA. ALICIA RENATO C. CORONA

SEC. 24. Substantive Rights. — This Rule shall not AUSTRIA-MARTINEZ Associate Justice
diminish, increase or modify substantive rights Associate Justice
recognized and protected by the Constitution.
(Sgd.) (Sgd.)

SEC. 25. Suppletory Application of the Rules of Court. – CONCHITA CARPIO ADOLFO S. AZCUNA
The Rules of Court shall apply suppletorily insofar as it is MORALES Associate Justice
not inconsistent with this Rule. Associate Justice

(Sgd.) (ON OFFICIAL

SEC. 26. Applicability to Pending Cases. – This Rule LEAVE)
shall govern cases involving extralegal killings and DANTE O. TINGA
enforced disappearances or threats thereof pending in Associate Justice MINITA V.
the trial and appellate courts. CHICO-NAZARIO
Associate Justice

SEC. 27. Effectivity. – This Rule shall take effect on (Sgd.) (Sgd.)
October 24, 2007, following its publication in three (3)
newspapers of general circulation. PRESBITERO J. ANTONIO EDUARDO
VELASCO JR. B. NACHURA
Associate Justice Associate Justice

Republic of the Philippines (Sgd.) (Sgd.)

SUPREME COURT
Manila RUBEN T. REYES LEONARDO-DE
TERESITA J. CASTRO
EN BANC Associate Justice Associate Justice

A. M. No. 08-1-16-SC January 22, 2008

THE RULE ON THE WRIT OF HABEAS DATA

-----------------------------------------------------------------------
RESOLUTION ------

Acting on the recommendation of the Chairperson of

the Committee on Revision of the Rules of Court
submitting for this Court’s consideration and approval
the proposed Rule on the Writ of Habeas Data, the
THE RULE ON THE WRIT OF HABEAS DATA
Court Resolved to APPROVE the same.
SECTION 1. Habeas Data. - The writ of habeas data
is a remedy available to any person whose right to
privacy in life, liberty or 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.
SEC. 2. Who May File. - Any aggrieved party may file
a petition for the writ of habeas data. However, in
cases of extralegal killings and enforced
disappearances, the petition may be filed by:
(a) Any member of the immediate family of the
aggrieved party, namely: the spouse, children and
parents; or
(b) Any ascendant, descendant or collateral relative of
the aggrieved party within the fourth civil degree of
consanguinity or affinity, in default of those mentioned
in the preceding paragraph; or
SEC. 3. Where to File. - The petition may be filed with
the Regional Trial Court where the petitioner or
respondent resides, or that which has jurisdiction over
the place where the data or information is gathered,
collected or stored, at the option of the petitioner.
The petition may also be filed with the Supreme Court
or the Court of Appeals or the Sandiganbayan when
the action concerns public data files of government
offices.
SEC. 4. Where Returnable; Enforceable. - When the
writ is issued by a Regional Trial Court or any judge
thereof, it shall be returnable before such court or
judge.
When issued by the Court of Appeals or the
Sandiganbayan or any of its justices, it may be
returnable before such court or any justice thereof, or
to any Regional Trial Court of the place where the
petitioner or respondent resides, or that which has
jurisdiction over the place where the data or
information is gathered, collected or stored.
When issued by the Supreme Court or any of its
justices, it may be returnable before such Court or any
justice thereof, or before the Court of Appeals or the
Sandiganbayan or any of its justices, or to any
Regional Trial Court of the place where the petitioner
or respondent resides, or that which has jurisdiction
over the place where the data or information is
gathered, collected or stored.
The writ of habeas data shall be enforceable
anywhere in the Philippines.
Sec. 5. Docket Fees. - No docket and other lawful
fees shall be required from an indigent petitioner. The
petition of the indigent shall be docked and acted
upon immediately, without prejudice to subsequent
submission of proof of indigency not later than fifteen
(15) days from the filing of the petition.
SEC. 6. Petition. - A verified written petition for a writ
of habeas data should contain:
(a) The personal circumstances of the petitioner and
the respondent;
(b) The manner the right to privacy is violated or
threatened and how it affects the right to life, liberty or
security of the aggrieved party;
(c) The actions and recourses taken by the petitioner
to secure the data or information;
(d) The location of the files, registers or databases,
the government office, and the person in charge, in
possession or in control of the data or information, if
known;
(e) The reliefs prayed for, which may include the
updating, rectification, suppression or destruction of
the database or information or files kept by the
respondent.
In case of threats, the relief may include a prayer
for an order enjoining the act complained of; and
(f) Such other relevant reliefs as are just and
equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the
petition, the court, justice or judge shall immediately
order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the
seal of the court and cause it to be served within three
(3) days from the issuance; or, in case of urgent
necessity, the justice or judge may issue the writ
under his or her own hand, and may deputize any
officer or person serve it.
The writ shall also set the date and time for summary
hearing of the petition which shall not be later than ten
(10) work days from the date of its issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the
Writ. - A clerk of court who refuses to issue the writ
after its allowance, or a deputized person who refuses
to serve the same, shall be punished by the court,
justice or judge for contempt without prejudice to other
disciplinary actions.
SEC. 9. How the Writ is Served. - The writ shall be
served upon the respondent by a judicial officer or by
a person deputized by the court, justice or judge who
shall retain a copy on which to make a return of
service. In case the writ cannot be served personally
on the respondent, the rules on substituted service
shall apply.
SEC. 10. Return; Contents. - The respondent shall
file a verified written return together with supporting
affidavits within five (5) working days from service of
the writ, which period may be reasonably extended by
the Court for justifiable reasons. The return shall,
among other things, contain the following:
(a) The lawful defenses such as national security,
state secrets, privileged communications,
confidentiality of the source of information of media
and others;
(b) In case of respondent in charge, in possession or
in control of the data or information subject of the
petition;
(i) a disclosure of the data or information about the
petitioner, the nature of such data or information, and
the purpose for its collection;
(ii) the steps or actions taken by the respondent to
ensure the security and confidentiality of the data or
information; and,
(iii) the currency and accuracy of the data or
information held; and,
(c) Other allegations relevant to the resolution of the
proceeding.
A general denial of the allegations in the petition shall
not be allowed.
SEC. 11. Contempt. - The court, justice or judge may
punish with imprisonment or fine a respondent who
commits contempt by making a false return, or
refusing to make a return; or any person who
otherwise disobeys or resist a lawful process or order
of the court.
SEC. 12. When Defenses May be Heard in
Chambers. - A hearing in chambers may be
conducted where the respondent invokes the defense
that the release of the data or information in question
shall compromise national security or state secrets, or
when the data or information cannot be divulged to the
public due to its nature or privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The
following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return,
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.
SEC. 14. Return; Filing. - 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 submit evidence.
SEC. 15. Summary Hearing. - The hearing on the
petition shall be summary. 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.
SEC. 16. Judgment. - The court shall render
judgment within ten (10) days from the time the
petition is submitted for decision. If the allegations in
the petition are proven by substantial evidence, the
court shall enjoin the act complained of, or order the
deletion, destruction, or rectification of the erroneous
data or information and grant other relevant reliefs as
may be just and equitable; otherwise, the privilege of
the writ shall be denied.
Upon its finality, the judgment shall be enforced by the
sheriff or any lawful officers as may be designated by
the court, justice or judge within five (5) working days.
SEC. 17. Return of Service. - The officer who
executed the final judgment shall, within three (3) days
from its enforcement, make a verified return to the
court. The return shall contain a full statement of the
proceedings under the writ and a complete inventory
of the database or information, or documents and
articles inspected, updated, rectified, or deleted, with
copies served on the petitioner and the respondent.
The officer shall state in the return how the judgment
was enforced and complied with by the respondent, as
well as all objections of the parties regarding the
manner and regularity of the service of the writ.
SEC. 18. Hearing on Officer’s Return. - The court
shall set the return for hearing with due notice to the
parties and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the
final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law
or both.
The period of appeal shall be five (5) working days
from the date of notice of the judgment or final order.
The appeal shall be given the same priority as
in habeas corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing
of a petition for the writ of habeas data shall not
preclude the filing of separate criminal, civil or
administrative actions.
SEC. 21. Consolidation. - When a criminal action 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 habeas data,
the petition shall be consolidated with the criminal
action.
After consolidation, the procedure under this Rule
shall continue to govern the disposition of the reliefs in
the petition.
SEC. 22. Effect of Filing of a Criminal Action. -
When a criminal action has been commenced, no
separate petition for the writ shall be filed. The relief
under the writ shall be available to an aggrieved party
by motion in the criminal case.
The procedure under this Rule shall govern the
disposition of the reliefs available under the writ
of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not
diminish, increase or modify substantive rights.
SEC. 24. Suppletory Application of the Rules of
Court. - The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.
SEC. 25. Effectivity. - This Rule shall take effect on
February 2, 2008, following its publication in three (3)
newspapers of general circulation.
[PUBLISHED IN THE MANILA BULLETIN, THE
PHILIPPINE STAR AND THE PHILIPPINE DAILY
INQUIRER ON 25 JANUARY 2008]
Republic Act No. 10172 Implementing Rules and
Regulations
Republic of the Philippines
OFFICE OF THE CIVIL REGISTRAR GENERAL
National Statistics Office
Manila
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2012
Subject: RULES AND REGULATIONS GOVERNING
THE IMPLEMENTATION OF REPUBLIC ACT NO.
10172 (An Act Further Authorizing the City or Municipal
Civil Registrar or the Consul General to Correct Clerical
or Typographical Errors in the Day and Month in the Date
of Birth or Sex of a Person Appearing in the Civil
Register Without Need of a Judicial Order, Amending for
this Purpose Act Numbered Ninety Forty-Eight.)
Pursuant to Section 2 of Act No. 3753, the Office of the
Civil Registrar General (OCRG) hereby promulgates the
following rules and regulations of Republic Act No.
10172 which was approved on August 15, 2012 for the
information, guidance and compliance of all concerned
parties.
PRELIMINARY STATEMENT
Commonwealth Act No. 591 mandates the National
Statistics Office (NSO) through the OCRG to carry out
and administer the provisions of Act No. 3753 otherwise
known as the “Civil Registry Law”.
This Order shall be suppletory to Administrative Order
No. 1, Series of 2001 (Implementing Rules and
Regulations, Republic Act No. 9048).
Republic Act No. 10172 amended Sections 1, 2, 5 and 8
of Republic Act No. 9048. Section 1 of this Amendatory
Law provides, “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, the day and month in the date of birth or
sex of a person where it is patently clear that there was a
clerical or typographical error or mistake in the entry,
which can be corrected or changed by the concerned city
or municipal civil registrar (C/MCR) or consul general in
accordance with the provisions of this Act and its
implementing rules and regulations.”
IMPLEMENTING RULES AND REGULATIONS
Rule 1. Authority to Correct Clerical or Typographical
Error
The duly appointed C/MCR in accordance with the
provisions of the existing laws, including the Consul
General, are hereby authorized to correct clerical or
typographical errors in the day and month (date of birth)
or sex of a person in the civil register for birth.
Rule 2. Definition of Terms
As used in these rules, the following terms shall mean:
2.1. 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 on the entry of day and month in the date of birth
or the sex of the person, 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 (refers to the
correction on the year of birth), or legitimacy status of the
petitioner/document owner.
2.2. Sex – Refers to the biological and physiological
characteristics that define men and women.
2.3. Day and Month of Birth – Refers to the entry in the
month and/or day of birth of the petitioner/document
owner which is sought to be corrected.
2.4. Accredited Government Physician – Refers to a
licensed doctor of medicine who is registered with the
Professional Regulations Commission (PRC) and is
employed in any government hospitals, health
institutions, or public health offices.
2.5. Medical Certification – Refers to the certification
issued by the accredited government physician attesting
to the fact that the petitioner/document owner has not
undergone sex change or sex transplant.
Rule 3. Who may file the petition.
3.1. For correction of entry on the day and/or month in
the date of birth:
Any person of legal age, having direct and personal
interest in the correction of a clerical or typographical
error in the day and/or month in the date of birth of a
person in the civil register for birth, may file the petition.
A person is considered to have direct and personal
interest when he is the owner of the record, or the
owner's spouse, children, parents, brothers, sisters,
grandparents, guardian, or any other person duly
authorized by law or by the owner of the document
sought to be corrected; Provided; however, that when a
person is a minor or physically or mentally incapacitated,
the petition may be filed on his/her behalf by his/her
spouse, or any of his/her children, parents, brothers;
sisters; grandparents, guardians, or persons duly
authorized by law.
3.2. For correction of a clerical or typographical error in
sex:
The petitioner affected by such error shall personally file
the petition with the civil registry office where the birth
certificate is registered.
Rule 4. Where to file the petition
4.1. For correction of clerical and typographical error in
the entry of the day and/or month in the date of birth.
The verified petition may be filed with the C/MCR of the
city or municipality or the Philippine Consulate, as the
case may be, where the birth record containing the day
and/or month in the date of birth to be corrected is
registered.
When the petitioner has migrated to another place within
the Philippines and it is not practical for such party, in
terms of transportation expenses, time and effort to
appear before the C/MCR of the place of birth, the
petition may be filed with the C/MCR of the place where
the petitioner is residing or domiciled.
Any person whose birth record was reported abroad and
presently residing in the Philippines, the petition may be
filed with the C/MCR of the place of residence following
the procedures of migrant petition.
Any person whose birth record was registered in the
Philippines, or in any Philippine Consulate, but who is
presently residing or domiciled in a foreign country, may
file the petition with the nearest Philippine Consulate.
4.2. For correction of clerical and typographical error in
the entry of sex
The verified petition shall be filed, in person, with the
C/MCR of the city or municipality or the Philippine
Consulate, as the case may be, where the record
containing the entry of sex in the birth certificate to be
corrected is registered.
Rule 5. Processing of the petition
Insofar as applicable, Rule 5 of Administrative Order No.
1, Series of 2001, shall be observed.
Rule 6. Form and content of the petition
Insofar as applicable, Rule 8 of Administrative Order No.
1, Series of 2001 shall be observed. In addition, as
supporting documents to the petition, the following shall
be submitted:
6.1. Earliest school record or earliest school documents;
6.2. Medical records;
6.3. Baptismal certificate and other documents issued by
religious authorities;
6.4. A clearance or a certification that the owner of the
document has no pending administrative, civil or criminal
case, or no criminal record, which shall be obtained from
the following:
6.4.1. Employer, if employed;
6.4.2. National Bureau of Investigation; and
6.4.3. Philippine National Police.
6.5. The petition for the correction of sex and day and/or
month in the date of birth shall include the affidavit of
publication from the publisher and a copy of the
newspaper clipping; and
6.6. In case of correction of sex, the petition shall be
supported with a medical certification issued by an
accredited government physician that the petitioner has
not undergone sex change or sex transplant.
When a petitioner/document owner files petition for
correction of clerical error under R.A. 9048,
simultaneously, with a petition for correction of clerical
error under R.A. 10172, and the same document is
involved, the petitioner/document owner shall pay only
the amount of P3,000.00 corresponding to the fee under
R.A. 10172.
All fees collected by the C/MCR or the consul general
pursuant to this Law 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.

Rule 7. Posting and publication of the petition. The local legislative body shall ratify the fees herein
prescribed upon effectivity of this Order. Prior to
ratification by the local legislative body, all fees collected
Insofar as applicable, Rule 9 of Administrative Order No. in connection with this Order shall go to the LCRO trust
1, Series of 2001 shall be observed. fund, provided, however, that the fees prescribed therein
shall be uniform in all cities and municipalities in the
country, and in all Philippine Consulates.
Rule 8. Duties of the C/MCR

Rule 11. Retroactivity clause

Insofar as applicable, Rule 10 of Administrative Order No.
1, Series of 2001 shall be observed.
This Order shall have retroactive effect insofar as it does
In addition, the C/MCR shall issue a certification on the not prejudice or impair vested or acquired rights in
authenticity of the certification issued by the accredited accordance with the Civil Code and other laws.
government physician certifying that the
petitioner/document owner has not undergone sex
change or sex transplant.
Rule 12. Separability clause

Rule 9. Duties and powers of the CRG

If any portion or provision of this Order is declared void or
unconstitutional, the remaining portions or provisions
thereof shall not be affected by such declaration.
Insofar as applicable, Rule 11 of Administrative Order No.
1, Series of 2001 shall be observed.
Rule 13. Repealing clause.

Rule 10. Authority to collect filing and other fees

All circulars, memoranda, rules and regulations or parts
thereof inconsistent with the provisions of this Order are
The C/MCR is hereby authorized to collect from every hereby repealed or modified accordingly.
petitioner three thousand pesos (P3,000.00) for petition
to correct the day and/or month in the date of birth or sex.
An indigent petitioner shall be exempt from paying the
Rule 14. Effectivity clause.
required payment, provided that the petition is supported
by a certification from the City/Municipal Social Welfare
Office that the petitioner/document owner is indigent.
This Order shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two
newspapers of general circulation.
In the case of a petition filed with the CG, a filing fee of
one hundred fifty U.S. dollars ($150.00) or its equivalent
value in local currency for the correction of clerical or
typographical error is required. Approved this 24th day of October 2012.

In the case of a migrant petition, there shall be a service

fee of one thousand pesos (P1,000.00) to be collected
by the PRCR.