Adoption To provide alternative protection and

Domestic, Intercountry assistance through foster care or adoption

Administrative for every child who is a foundling,
neglected, orphaned or abandoned.
BASIC LAWS
Adoption laws prior to the present one
were PD 603 Sections 1-42 , and EO 229 The broadened purpose of adoption puts
the Family Code . The latter repealed emphasis on the promotion of the welfare
Section 27 to 31 and 39 to 42 of PD 603. RA of the child and enhancement of the
8552 effective in 1998 is now the basic law opportunities for a useful and happy life
on domestic adoption. The Rule on over that of enabling childless couples or
Adoption AM 02-6-02 of the SC repealed persons to experience the joys of
Rule 99-100 of the Rules of Court . parenthood and give the legally a child in
The Intercountry Adoption Act of 1995 RA the person of the adopted .
8043 governs intercountry adoption. AM Jurisprudence that we will review
02-6-02 Section 26 through 32 contains the demonstrates that the Supreme Court
Rule on Intercountry Adoption. cautions the judiciary to give paramount
Recent legislation, RA 111222 provides for importance to the best interest of the child
administrative adoption . but considering likewise the natural rights
of the parents over the child.

Domestic adoption is a juridical ac, a Rule on Adoption

proceeding which creates between two Domestic Adoption
persons a relationship similar to that which Objectives
results from legitimate filiation . Sec. 4 Who may adopt
Adoption is a proceeding in rem . (1) FIlipino citizen : what are the
Intercountry adoption is by contrast a socio qualifications
legal process of adopting by an alien or by a (2) Any alien : What are the
Filipino citizen permanently residing qualifications and what are the
abroad, through a petition filed abroad, a conditions ?
supervised trial custody is also taken (3) Guardian - Under what condition ?
abroad, but where the decree of adoption is (4)
issued in the Philippines. Joint adoption by husband and wife :
exception
Administrative adoption is the
administrative proceeding whereby the (a) If one spouse seeks to adopt the
Secretary of the Department of Social legitimate son/daughter of the other
Welfare and Development confer the (b) If one spouse seeks to adopt his/her
adoption for children who have own illegitimate son/daughter :
continuously enjoyed the status of provided however that the other
legitimate child of the adopters under spouse has signified his/her consent
certain specific conditions. thereto
General Purpose of Adoption Laws (c) If the spouses are legally separated
from each other
IN the case of (b) joint parental authority Stephanie Nathy Astorga Garcia March 31,
shall be exercised by both . 2005
1) Parental authority of the biological
Who may be adopted parents is severed or terminated
and shall be vested in the adopters.
1.Any person below 18 years of age, who If adopter is spouse of natural
has been voluntarily committed to the parent, both will exercise parental
DSWD under Articles 154, 155 and 156 of authority.
PD 603 or has been judicially declared 2) Adoptee shall remain an intestate
available for adoption . heir of his parents and other blood
This has been amended by RA 9523, March relatives
2009 which gives authority to the DSWD to
declare a child abandoned and legally free Effectivity of Decree of adoption
for adoption.
2.The legitimate child of one of the It retroacts to date of filing of the original
spouses , by the other spouse petition for adoption
3.An illegitimate child , by a qualified Orders in the decree :
adopter t raise the status of the former to To Clerk of Court- issue cert of finality upon
that of legitimacy expiration of the 15 day reglementary
period within which to appeal
4.A person of legal age regardless of civil To adopter -present decree and finality to
status, if prior to adoption, said person had LCR where the child was originally
been consistently considered and treated registered but if there is change of name,
by the adopters as their own child since adopter is to present same to LCR where
minority court issuing the same is located
5.A child whose adoption has previously To the LCR of place where adoptee was
been rescinded originally registered - to annotate on the
6. A child whose biological or adoptive adoptee s original certificate of birth the
parents have died: (6-month rule after decree of adoption,, within 30 days from
death of parents ) receipt of certificate of finality
7.A child not otherwise disqualified by law To same LCR (originally registered)
or rules . To issue cert of birth not bearing the
annotation that it is a new one, nor that it is
Effects of adoption an amended one and which will still show :
1) For civil purposes, the adopted shall Reg No., Date of registration, Name of
be deemed to be a legitimate child child , Sex , Date and Place of Birth, Name
of adopters and both shall acquire and citizenship of adoptive mother,
reciprocal rights and obligations father , Date and place of their marriage
arising from relationship of parents To seal the original certificate of birth in the
and child civil registry records which can be opened
2) The adopted acquires right to use only on order of the court which issued the
surname of the adopters decree of adoption
. How about the middle name to be To submit to court issuing the decree ,
assumed by child? In Re adoption of proof of compliance
All records during and after proceedings, 1. If adoptee is still a minor or is
shall be confidential incapacitated, for restoration of
theparental authority of the natural
RESCISSION OF ADOPTION parents or of the legal custody of
The new Rule on Adoption vests only upon the DSWD ;
the adoptee the right to rescind the 2. Declaring extinguishment of
adoption . Leading case on this is Lahom v. reciprocal rights and obligations…
Sibolo. 3. Declaring that successional rights
Grounds : Sec. 19 of Rule shall revert to original status prior
(a) Repeated physical and verbal to adoption as of the date of the
maltreatment by the adopter rescission decision.
despite having undergone 4. Order the adoptee to use the name
counseling of parents in original birth record or
(b) Attempt on the life of the adoptee foundling certificate
(c) Sexual assault or sexual violence 5. Order the civil registrar where the
(d) Abandonment or failure to comply adoption decree was annotated to
with parental obligations . CANCEL new birth certificate of
(e) The only recourse of adopter who adoptee and reinstate the original
suffers the equivalent of the birth certificate or foundling
grounds of rescission (by adoptee) is certificate.
to disinherit the adoptee . Article
919 of the Civil Code enumerates INTERCOUNTRY ADOPTION Rep. Act 8043
causes for disinheritance.
(f) If there is criminal liability , Sec. 20 Premise : It is a last resort , to be applied
RA 8552 provides proceedings under only when domestic adoption is not
the Revised Penal Code in addition possible and the child s best interest is
to rescission. primordial consideration.
(g) WHO FILES RESCISSION OF The law provides an alternative to domestic
ADOPTION adoption since not all children under the
(h) 1Adoptee 18 years or more 2. care of the State cannot be domestically
Adoptee through DSWD if he or she adopted or placed in foster care in our
is a minor country . The law seeks to ensure that the
(i) 3. Adoptee’s guardian( in case of child subject of intercountry adoption
incapacity ) or counsel enjoys the same protection accorded to
children in domestic adoption . The law has
Venue and timeline for rescission of measures to prevent the process from
adoption being used for private gain of those
Venue: Family court where adoptee resides involved.
(a) Within 5 years after he reaches the Who may be adopted - ONLY A CHILD
age of majority LEGALLY AVAILABLE FOR ADOPTION
(b) Within 5 years from recovery from Who may adopt - an alien living abroad, a
incapacity Filipino citizen permanently residing abroad
Order or decree of rescission must contain :
How petition is filed
 proceed with trial custody, he must inform
Two ways - 1 with the RTC of place where his own adoption agency .
child resides , and if filed at RTC the latter If repatriation is successful, trial custody is
will refer the petition to the Inter Country done in the country of the adoptive
Adoption Board (ICAB) 2 parents . Supervision is also done by the
Directly with the ICAB foreign placement authority for 6 months .
RTC receives application, assesses In case of abuse, serious ailment or injury of
qualifications of the adopters and refers its the child it is the foregin adoption agency
favorable findings to the ICAB which must intervene . In case a
The ICAB is not a court but is the central replacement applicant is necessary, the FAA
authority in the Philippines in all matters shall seek ICAB s approval. If replacement
relative to intercountry adoptions. It can is still unsuccessful, repatriation of child to
receive petitions directly, but in its the Philippines shall follow.
evaluation, it enlists government
departments and non governmental For purpose of trial custody , the ICAB only
agencies in fact finding . has monitoring function. The supervising
Composition : DSWD Secretary as ex oficio authority abroad or foreign adoption
chairman agency (FAA) shall submit reports on child s
6 Presidential appointees adjustment. The ICAB shall set up a
And of them, 1 psychiatrist, monitoring system and shall arrange for the
2 lawyers , 1 RSW , 2 representatives from return of the child to the Philippines if the
NGO in child care adoption abroad is not approved.
The petition must contain all the nine The decree of adoption is issued abroad by
allegations on identities and qualifications the appropriate court or authority. Copy of
stated in Section 30 of the Rule on the decree shall be furnished ICAB
Intercountry Adoption RA 8043 provides for penalty of
imprisonment starting from 6 years and 1
Process in Brief day to 12 years for various offenses in
The ICAB matches the parents to a child Sections 16 and 17 of RA 8043 .
legally available for adoption as certified by
the DSWD .The matching proposal is Cases on Adoption
accompanied by child study report, health
certificates, medical history, photo and In Re Adoption of Michelle and Jude Lim,
itemized pre adoption costs. May 21, 2009
Applicant signifies acceptance through the ISSUE - JOINT ADOPTION BY HUSBAND AND
foreign adoption agency and notified ICAB . WIFE. was there a need for husband . an
The latter issues placement authority American , to adopt?
through the DFA, arranges counseling and Children are not the legitimate children of
training, and advises applicant to set Monina nor are they those of Olario
schedule of his coming to the Philippines to Monina Lim and Olaio are not legally
fetch the child . Timeline, within 30 days separated from each other
from issuanc eof notice. If applicant decides They are not illegitimate children of Monina
upon seeing the child that he cannot ‘Landingin v CA June 27, 2006
ISSUE - WHOSE consent is necessary , what Republic Act 11222 February 21, 2019
is proof of consent , what consists in
financial capacity of adopter Purpose of Law - to allow rectification of
birth record in cases of simulated births and
Adoption of Stephanie Nathy Astorga Garcia prescribing ADMINISTRATIVE adoption
March 31, 2005 proceedings.
Adoption by natural/biological father of his The law applies to situations where parents
illegitimate child by Gemma Astorga Garcia. who have simulated the birth of a child not
Petitioner a widower, obtained decree of their own, by registering fictitious date and
adoption declaring the child to be Stephanie place of birth to make it appear that the
Nathy Catindig . His M/R intended to allow child is their own , averting the judicial
child to use Garcia aas her middle name was process of adoption.
denied by RTC. There is no law about the Important features of this law to
use of a middle name by an adoptee remember :
.Examine Art. 176, FC as amended by RA How long can this administrative adoption
9255, or Art. 375 , Civil Code . be availed of?
ISSUES in CA What are the grounds ?
Does the effect of adoption allowing the use
of surname of the adopting parent (here the
father) allow the use by the adoptee of the CUSTODY OF MINORS A.M. 03-0404 Eff on
surname of her mother as middle name? 05-15-03

Belinda Oribello v.CA & Remedios Oribello These rules apply only to cases where
Remedios Oribello alleging that she is an parents are separated in fact or undergoing
adopted daughter of Tomas Oribello & legal separation and husband and wife are
FIRST wife Emma, filed an action for in dispute as to custody of minor children .
partition of estate left by Toribio Oribello It also applies to habeas corpus in relation
including those he and second wife Berlinda to custody of minors, The Rules of Court
owned. The latter claimed that the decree applies suppletorily
of adoption was void. RTC dismissed WHO FILES - ANY PERSON claiming right to
partition stating that Remedios is not a co custody VENUE -FC where petitioner resides
owner entitled thereto. On appeal to CA, or where the minor may be found
decision was reversed, and case was By VERIFIED PETITION with Cert of non
remanded to RTC for second phase of Forum shopping , and allegations shall
partition , without prejudice to the filing of include
the appropriate action to annul or petition 1. Personal circumstances of petitioner
for relief from decree of adoption. CA ruled and respondent (person who has
that RTC had no authority to annul adoption actual custody)
decree and to dismiss partition on that 2. Name age present whereabouts of
ground . minor, his or her relationship with
ISSUE: Can decree of adoption be attacked both Petitioner and respondent
collaterally in a petition for partition? 3. Material or operative facts
constituting deprivation of custody
 4. Other matters relevant to custody of Content of HDO
minor 1 Name middle name and date and place of
Summons shall be served personally , with 5 birth nationality and place of last residence
days period for respondent to file VERIFIED of person against whom HDO was issued,
ANSWER. or whose departure from the country has
Court may order a social worker to conduct been enjoined.
case study and submit report 3 days before 2. Complete docket number of case and
pre trial. During pre trial court may also title
order respondent to present the minor to 3. Specific nature of the case
the court . Notices relevant to pre trial must 4. The date of the HDO
be served separately on the parties and 5. Recent photograph of the party …
their counsels . Recall can be also motu proprio
Failure of petitioner to appear at pre trial PROTECTION ORDER
shall warrant dismissal. Failure of Know specific instances what PO may be
respondent to appear at pre trial shall used for or what PO may contain in Sec. 17
authorize court to try case ex parte of the Rule.

Order of preference observed in awarding Judgement Section 18

custody - almost same as in guardianship After trial court renders judgment awarding
1Both parents jointly custody to proper party. If both parties
2 Either parent taking into account - choice appear to be unfit , court may award to
of minor over 7 years old with discernment grandparents, older brother or sister, or any
or unfitness of parent in custody reputable person , or to commit him to any
3. Grandparents, those chosen by minor suitable home for children
over 7 years , unles s unfit Irrespective of whoever may be the
4. Eldest Brother or sister over 21 custodian chosen by court, either or both
5.Actual custodian who is over 21 years of parents shall contribute amount necessary
age unless unfit for the support , maintenance and
6. Any other person or institution court may education of the minor but taking into
deem suitable . consideration the financial resources of
See Sec.14 for other factors to consider both, physical and emotional health needs
OVER ALL CONSIDERATION IS THE BEST of minor, standard of living, non monetary
INTEREST OF THE CHILD , over contributions for care and well being of the
minor .

HOLD DEparture Order . See Sec. 16 Habeas Corpus in relation to custody of

The minor subject of the petition shall not Minors
be brought out of the country without prior
order of the court during pendency of Writ shall be issued by the FC . It may be
petition. Court can issue HDO MOTU availed of an initial remedy and of petition
PROPRIO or upon motion , and do so ex for writ prays for custody of the minor , the
parte. The HDO shall be addressed to BID , FC may upon the return of the writ of
copy furnished the DFA within 24 hours of habeAs corpus, decide on whO the
issuance . custodian shall be.
Writ shall be enforceable in the judicial Writ of Habeas Corpus
region of the FC which issued it. Where
there are no FC s, the petition for writ shall Function of writ
be filed with the regular RTCs.
More on the nature of the writ of Habeas To relieve a person from unlawful restraint ,
corpus shall be discussed for Rule 102 to set the individual at liberty , specifically,
Some of Cases assigned To obtain immediate relief from illegal
Madrinan v. Madrinan July 12, 2007 - CA confinement
can issue Writ To liberate those who may be imprisoned
Noel Bagtas v. Hon Ruth Santos - Here without sufficient cause
grandparents of minor filed petition for HC To deliver them from unlawful custody
against Noel Bagtas and wife to whom Baby The procedure to obtain the writ is not a
Maryl was voluntarily left for care and civil action but a special proceeding,
custody by teenage mother premised on the fixing of status of a person.
In filing petition, one cannot obtain redress
The parties entered into a compromise against anybody as there is no real plaintiff
agreement and by virtue thereof, Sps and defendant in the real sense . The only
Gallardo were able to enjoy the child s parties are the person detained and the
company . They brought child to Samar, person or officer detaining him.
prompting Bagtas to move that they be The procedure for seeking the writ and its
cited in contempt. The RTC did just that issuance is separate from a principal case
and ordered that they produce the child such as a criminal one, and does not
before the court. The Gallardo s did , a s depend on whether or not the person shall
they were fined for violating the terms of be imprisoned.
the agreement that the child be returned to
Bagtas. Thereafter the RTC dismissed the Characteristics
case - moot and academic. The child has
been presented. Sec. 1 Rule 102
Bagtas unsuccessfully moved for MR and The writ extends to all cases of illegal
went to CA on certiorari. Bagtas contended detention
that two orders or RTC were inconsistent, By which any person is deprived of his
that of ordering contempt, and that stating liberty, or
that the case was dismissed, thereby When the rightful custody of any person is
affirming the actual circumstance that the withheld from the person entitled thereto.
Gallardo s were in custody of Maryl. To By the above, the writ does not function as
Bagtas, Maryl should have been returned to a writ of error,
them. Or a substitute for an appeal or certiorari
ISSUE : In HC involving custody of minor, Although it is an investigative writ, it cannot
does the court discharge its duty when the be used to inquire into error on procedure
prayer for the presentation of the child in and merits of a principal case or
court is complied with ? determining whether or not the
proceedings are void
It cannot be granted without trial and
sound judicial discretion in granting or
denying it isrequired (See new Signed, verified, by party on whose benefit
jurisprudence ) it is intended, or by some person on his
behalf.
What is subject matter of the inquiry in 1. That the person in whose behalf the
petition application is made is imprisoned or
deprived of his liberty
In Sec. 1 , it is plain that the function of the 2. Officer/name of person by whom he
procedure for this writ is to inquire into is so imprisoned or restrained, if
legality of one s detention. The court must both are UNKNOWN, or uncertain,
inquire into every aspect of how the such person or officer may be
petitioner was taken into custody until the described by an assumed name, and
petition is filed and the court addresses and the person who is served with the
scrutinizes the facts so that it can writ shall be deemed the person
determine whether or not the intended.
Constitutional right to liberty and freedom 3. Place where he is imprisoned or
of movement has been curtailed with due restrained, if known
process of law. 4. Copy of commitment or cause of
Who may grant- : SC or any member , on detention of such person , if it can
any day and time, be procured without any legal
CA or any member on authority , such fact shall appear
instances provided by law
RTC To whom is writ directed
Differences SC,CA enforceable
anywhere, returnable to itself or RTC, Sec. 6
RTC enforceable in judicial In case a person is imprisoned, or restrained
region returnable to RTC judge by an officer, - to such officer
If person detaining is not an officer, to such
officer with directive that the officer take
Special circumstances in cases of custody of and have the body of the person restrained
minors of his liberty before the court or judge
designated in the writ, and to summon
If the petition is filed with RTC, it must be the person by whom he is restrained to
filed with the Family Court appear before said judge to show the cause
If the petition is filed in SC or in CA , the writ of the imprisonment or restraint. Sec. 8.
is returnable to Family court or any regular The officer shall convey the person named
court within the region where the petitioner in the writ to the judge allowing the writ, or
resides or where the minor can be found . n his absence, or some disability, before
That FC or regular court conducts the some other judge of the same court .
hearing and renders the decision. See A.M.
03-04-04 May 15, 2003
Sec 8 continued
Requisites of application for the issuance of
writ (Sec. 3) If person to be conveyed before the court is
suffering from sickness or infirmity or
cannot be brought before the court without (d) If he has had the party in his custody
danger, the officer shall make a return of and has transferred such custody or
the writ together with the day and cause of restraint to another, particularly to
the caption and restraint of such person whom , at what time, for what
,according to the command thereof. cause, and by what authority such
LAST PHRASES - refer to the date when transfer was made.
person was restrained, and the cause for Return is to be signed by the person who
“capturing” him makes it,
Sec. 7. Requires that the name , if known , If the prisoner is not produced, the return
of the person being restrained shall be shall be sworn by person who makes it
designated, or if not, described or Oath is not necessary f the person making
identified. Writ may be served by the sheriff return is a public officer and the return is
or any suitable officer , by leaving the made in his official capacity
original with the person to whom it is
directed. If the person cannot be found, or
has not the prisoner in his custody, the The preliminary citation
service shall be made on any other person
having or exercising such custody. Analyzing Section 6 -
The peremptory writ is that part of the
order directing the officer or person by
Notwithstanding these provisions in the whom a person is detained or imprisoned,
Rule, Sec. 9 says that no writ shall be to present that individual before the court,
disobeyed for defect of form if it Here, the person is detained and the cause
sufficiently appears therefrom in whose appears to the judge to be patently
custody or under whose restraint the party ILLEGAL .
is imprisoned or restrained and the court or The preliminary citation is that part of the
judge before whom he is to be brought.. order that requires respondent officer or
Returning the writ - Sec. 9 officer making person to appear and show cause why the
the return shall plainly and unequivocally writ of habeas corpus should not be
state in writing granted . Here a person is detained under
(a) Whether he has or has not the party government authority and the illegality of
in his custody his detention is not patent from the petition
(b) If he has…. The authority and the for the writ.
true whole cause thereof, set forth
at large,,with a copy of the writ ,
order or execution or other process Evidence /allegations addressed in
if any, upon which the party is held. the hearing
(c) If the party is in his custody is not
produced, particularly the nature When not allowed : Sec. 4.
and gravity of the sickness of When person alleged to be restrained is
infirmity, … by reason of which he detained under process issued by a court or
cannot without danger, be brought judge, or by judgment or order of a court of
before the judge or court records and that court or judge had
jurisdiction to issue the order or render case of emergency, the judge may issue the
decision or order writ under his own hand, and may depute
If the jurisdiction appears AFTER the writ any officer or person t serve it.
has been allowed DOES THIS RULE ALLOW THE COURT T0
If a person is charged with or convicted of GRANT THE WRIT WIThOUT HEARING ?
an offense .. See Tan v. Adre AM RTJ -05-1898 ,Jan. 31,
If a person is suffering from or sentenced 2005 450 SCRA145
with penalty of imprisonment pursuant to a Villavicencio v. Lukban March 25, 1919 39
lawful judgment Phil 778
If a person arrested under Sec. 18 of R
9732 Human Security Act of 2007, and
detained for NOT more than THREE days Adjournment during hearing - Sec. 12
following his arrest for custodial
investigation. This section speaks of two instances -
When return of the writ is made when court
Some instances when writ was held to be is in session - judge must immediately hear
properly issued and examine return and make order for
safekeeping of the person detained if he
1) To gain parental custody over a child cannot as yet make a ruling
who may be in custody of a third When the person alleged to be detained is
party even of child s own free will not produced because of sickness or
2) To inquire into legality of order of infirmity, court must be satisfied that
confinement by a court martial sickness is so grave that the person cannot
3) To give retroactive effect to penal be presented without danger … and then
provision favorable to the accused proceed with the hearing .
when the trial judge has lost
jurisdiction by virtue of finality of
the judgment of conviction Burden of proof of illegal detention
4) To determine legality of action of
legislative body punishing a citizen Petitioner has burden of proving that his
for contempt detention or restraint of his person is illegal
5) To test legality of an alien’s If there is proof of lawful commitment such
confinement and proposed as a warrant issued pursuant to law, the
deportation from the Philippines return , with the order of commitment shall
be considered prima facie evidence of the
Sec. 5 cause of restraint.
If the prisoner is detained by any private
Sec. 5 When writ must be granted and authority, the return shall be considered
issued.-A court or judge authorised to grant only as a plea of facts and the party
the writ must, when a petition is presented claiming lawful custody has burden of proof
and it appears that the writ ought ot issue, for such fact.
grant the same forthwith, and immediately
thereupon the clerk of the court shall issue Action possible when writ is denied
the writ under the seal of the court; or in
Sec. 14 Sec. 19 Fees and costs chargeable to the
If there is a lawful commitment, prisoner government- only for those confined
shall not be ordered recommitted under color of proceedings in a criminal
If penalty for which the order of case who are discharged after successful
commitment which is the cause of denial of petition for writ.
written is death sentence, he shall not be CASES
released discharged or bailed. released
IN the first case, his reocmmitment is Rule on the writ of amparo
subject to posting of bail and court may
admit him to bail . If bond so posted is A.M. 07-9-12, took effect on Sep. 25, 2007
proper, court shall certify the proceedings
and together with bond, cause transmittal Coverage of the remedy
of the bail to the proper court. To any person whose right to life, liberty
and security is violated of threatened
When writ is granted violation with unlawful act or omission of a
public official or employee or of a private
Effect : Court orders release if there is no individual or entity.
appeal It covers extralegal killings and enforced
A copy of the release or discharge must be disappearances, OR THREATS thereof which
sent to the officer or person detaining him happens when there is arrest, detention,
APPEAL abduction or any form of deprivation of
48 hours from notice of judgment or final liberty by agents of the State or by persons
order or groups of person acting with the
PENALTY FOR REFUSING TO ISSUE WRIT OR acquiescence or support or authorization of
DISOBEYING THE SAME Sec. 15 , is the state, followed by a refusal to
addressed to 1) Clerk of court who refuses acknowledge the deprivation of liberty or
to issue and Officer who is served who by concealment of the fate or whereabouts
neglects or refuses to make a return , or of the disappeared person.
makes a false return , or refuses to deliver The Rule on the writ of amparo was issued
the person to court SUM OF MONEY AND at a time when “enforced disppearances
CONTEMPT then rampantly happening in the
administration of Presidents Aquino,
Removal or transfer of prisoner Ramos , Estrada and Macapagal Arroyo has
not yet been legislated as a crime ..
Sec. 18 speaks of transfer prisoners already
committed, or in custody of an officer for Writ must be now related to R.A. 9851
any criminal matter -
They shall not be removed or transferred RA 9851 otherwise referred to as the
from one custody to another unless by Human Security Act criminalizes enforced
lawful process or by order of a judge of the disappearances so that if an agent of the
proper court for trial - State such as a public official or a person
In case of epidemic, fire , insurrection or authorized by the State is found guilty of
other necessity or public calamity, also by enforced disappearance , is now also
order of a court subject to criminal prosecution and not
merely ordered in a writ of amparo , to CA or any of its justices - returnable to it or
perform certain duties to remedy the plight any justice, OR to RTC where threat , act or
of the disappeared . omission was committed or any of its
Elements of enforced disappearance- elements occurred
(a) There is arrest , detention, SC or any of its Justices - returnable to it or
abduction or deprivation of liberty any of its Justices, , to the Sandigan or any
(b) By or with authorization fo the State of its justices , CA , or to any RTC …
or with acquiescence of a political The writ is enforceable anywhere. There
organization are no filing fees or docket fees
(c) State refuses to acknowledge or give
information on the fate or What verified petition should contain
whereabouts of the person subject 1-personal circumstances of petitioner
of the petition ‘2-Name personal circumstances of
(d) Intention of such refusal is to respondent responsible for the threat , act
remove him from the protection of or omission if known, and if not known the
the law for prolonged period of person must be described by an assumed
time. name
3-The right to life liberty and security
Who may file violated or threatened with violation by an
1-Aggrieved party unlawful act of the respondent and how
2-any immediate member of the family : such threat or violation is committed with
Spouse, children , parents attendant circumstances and supporting
3-ascendant, descendant or collateral affidavits
relative within 4th degree of c or a in 4-The investigation conducted ,
default of the first three investigating authority or individuals, their
4-any concerned organization institution or addresses and the manner and conduct of
association the investigation , with a report;
If the aggrieved party files first , any 5-Actions and recourses taken by petitioner
pending of succeeding filing of any of the to determine the fate or whereabouts of
persons authorized under Section 2 of the the aggrieved party and identity of the
Rule shall be suspended person responsible for the threat. Act or
Among the secondarily qualified persons to omission ;
file on behalf of the aggrieved party that 6-Relief prayed for Sec. 5 of Rule
filed by the first filer on behalf of the
aggrieved shall suspend any such pending
filing. (Sec. 3.) Court action

Which courts have jurisdiction ? If court finds that the writ ought to issue, it
shall so issue. Through an order setting the
RTC of the place where threat, act or summary hearing within 7 days from date of
omission was committed or any of its issuance. The writ shall be served upon
elements occurred - returnable to it respondent personally or by substituted
Sandiganbayan or any of its justices - service . The respondent in the writ order
returnable to it or any of its justices
shall file a verified return with affidavits, What is the defense of the respondent
containing the following: Razon Chief of Staff AFP in regard to those
1-Lawful defenses that the respondent did allegations ?
not violate or threaten to violate right to life What was the ruling of the court ?
liberty or security of the aggrieved party by
act or omission 2nd case -Sec of National Defense v. Manalo
2-Steps taken by respondent to determine (brothers)
the fate or whereabouts … and the person
or persons responsible for the threat act or This case was filed before the issuance of
omission the Rule but during its pendency the Rule
3-All relevant information in possession of took effect on October 24, 2007 after
respondent pertaining to threat, act or publication . It is the first petition filed
omission before the Supreme Court from the time
the Rule was laid down. The staunchest
advocate of the amparo rule Justice Puno
If the respondent is a public penned the decision and emphasized his
officer/employee these are what he should decision this way -
allege in the return as to what steps he has “While victims of enforced disappearance
taken or will be taken - are separated from the rest of the world,
1-verify identity of the aggrieved party they are not separated from the
2-recover and preserve evidence related to Constitutional protection of their basic
the death or disappearance of the person rights. The Constitution is an overarching
identified in the petition which may aid in sky that covers all in its protection”
the prosecution of persons responsible “The writ of amparo is a tool that gives
3- identify witnesses and obtain statements voice to preys of silent guns and prisoners
4-determine cause, manner , location, and behind secret walls
time of death or disappearance as well as
pattern of practice that may have brought The backdrop is that the Manalo brothers
about the death or disappearance are under no restraint, merely hiding.
5-identify and apprehend the person or What was the first case prior to Sec. v.
persons involved Manalo ?
6-bring the suspected offenders before What was the threat that confronted them
competent court and who were the officers involved ?
What was the defense posited by the
Failure to return writ - court shall Proceed Armed Forces through Sec. Razon?
with hearing ex parte , summary in nature What were the reliefs granted by the CA?
and shall be given same priority as in Was it equivalent to a search warrant as
habeas corpus cases. respondent argued it was ?
Let us examine first the case filed a year What was the Court s disposition to
after Rule was issued. It involved actual case argument that revealing the information
of enforced disappearance - stated in the reliefs asked for will
Razon v. Tagitis - what are the allegations in jeopardize official functions of the officers
the petition for the issuance of writ filed by and expose them to threat of personal
Mrs. Tagitis ? injury even death?
 both parties . There is no threat that can be
Cases filed as an over reach of the writ of implied from presence of armed men bare
amparo to the waist, and alleged pointing of
weapons . At most , Tapuz canfile ordinary
Tapuz v del Rosario June 17, 2008 criminal prosecution.
Issue - sufficiency of form and substance of
allegations in petition for writ of amparo
Tapuz lost case of forcible entry filed by Hernando B. Canlas v. Napico Homeowners
Sanson. RTC Judge issued mandatory June 5, 2008
injunction ordering Tapuz to move and and Canlas were settlers in land whose houses
demolish structure. He lost again, ehe have been demolished and others wer
appealed to CA by petition for review . n the about to be demolished by court order.
SC they filed a petition for issuance of writ They claimed title of plaintiffs were
of amparo and of habeas data, spurious . They filed petition for writ of
simultaneously . amparo alleging -
Allegations in writ of amparo 1- armed men 1-they were deprived of shelter as a result
with shot guns entered property and fired of holding that plaintiff had the right to
shots, Removed barbed wire fence securing evict them.
the house. Tapuz heirs reported that these 2-praying that RD , and land officials in LRA
were acts of terrorism and police indeed be summoned to explain the issuance of
certified that thre was a report. The spurious titles .
incident report also contained altercation, HELD ; Judgment of trial court and CA is
gun poking ang firing into air, and eve of affirmed. SC dismissed amparo petition -
burning of one house accidentally. . These there is no facual and legal basis in the
were supported by another affidavit affidavits
alleging Tapuz ‘s prior possession, The threatened demolition or more
contradictory to finding of fact of RTC . dwellings by final judgment of borth trial
There is no affidavit that th threat was and appellate court Ii NOT AMONG THOSE
contnuing at time of filing of petition. rights enumerated in Section 1 of the Rule
HELD;WHAT WRIT OF AMPARO IS Not on amparo

Prohibited pleadings /Interim Reliefs

It is not a writ to protect concerns that are
purely property or commercial interest There are 12 prohibited pleadings in Section
related. 11 of the Rules . All are designed to support
The court must be preliminarily satisfied the summary nature of proceedings
that there is prima facie existence of The reliefs are Temporary Protection order ,
ultimate facts in supporting affidavit . The Inspection order , Production order, and
affidavits must detail the circumstances of Witness Protection order
how, and to what extent a threat to or a What were the reliefs granted by the court
violation of the rights to life, liberty and in Sec. of ND v. Manalo?
security was being committed. Hearings I N CAMERA or IN CHAMBERS OF
All the affidavits show are property issues iNSPECTION oRDER
arising from prior possession asserted by
Are interim reliefs available also to
respondent ? Persons who may file are the same as those
allowed to file petitions for writ of amparo ,
in same order
Judgment period The RTC, Sandigan, CA and SC may receive
petitions and the writs are also served
Court is to render judgment within 10 days anywhere in the Philippines. The courts to
from time of submission for decision. which the writs are returnable are also the
Appeal is available under Rule 45 where same.
both questions of fact and law may be Content of verified petition -
addressed within 5 days of the notice of 1-Personal circumstances of the petitioner
adverse judgment, and respondent
Effect of final judgment in light of RA 9185 - 2-The manner the right of privacy is violated
It shall not preclude the filing of criminal or or threatened and how it affects the right to
civil or administrative actions. life, liberty and security of the aggrieved
iF CRIMINAL prosecution is filed ahead of party.
amparo the latter should be dismissed. And
consolidated with criminal action but the 3-Actions or recourse taken by petitioner to
rule on Ampar shallstill be used in secure the data or info
disposition of the reliefs in the petition . 4-The location of the files, registries or data
bases , the govt office and the person in
WRIT OF HABEAS DATA charge , in possession or in control of the
data or info if known;
A.M. 08-16-SC took effect on January 22, 5- reliefs prayed for - updating, rectification,
2008 suppression ro destruction of the database
It is a judicial remedy to enforce the right to or inf o or files kept by respondent. In case
privacy or the right to informational privacy of threat the relief must ask for an order
of individuals . The latter term is defined as enjoining the act complained of
the right ot control the collection, 6 such other reliefs just and equitable
maintenance , use and dissemination of
data about oneself. Contents of verified return with supporting
The writ of habeas data is define din Section affidavits
1 as the remedy when right to privacy in life
liberty and security of a person is violated,
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,

Who may file and where to file petition

1 lawful defense : national security, state need for information in the control of the
secrets, privileged communication, PNP which can be the ultimate facts
confidentiality of source of information of required under Section 5 .
media
2-for the person in possession of or n
control of data , (a0 disclosure of data Rule 103 Change of Name
about the petitioner, nature of such data,
and purpose of its collection b) steps or This rule refers to petitions for change of
actions taken by respondent to ensure the given name, surname or both
security and confidentiality of the data or
info and c) currencyor accuracy of the data What ‘s in a name ?
or information held
A man he is known and called in the
community he lives in. It is a word or group
Habeas data is designed to safeguard of words by which a person is distinguished
individual freedom from other individuals . It is a method of
They are not limited to extralegal killings indicating the identity of persons
and enforced disappearances but may also The first name is what one s parents give
apply to online social network OSN . him at birth to distinguish him from others.
See discussion on pages 620 to 625 of The second name indicates the family from
Claridades which he comes and is derived from parent
Reports to be forwarded through e mail on ‘ to child. The latter is fixed by law.
Gamboa v Chan July 24, 2012 Characteristics of a name : Rep. v CA May
Vivares v. St. Theresa’s College Sept. 29, 21, 1992
2014 , and if you have access,
Read speech of Justice Reynato Puno , Nov. 1) It is absolute, intended to protect
19, 2007 before UNESCO Policy Forum and the individual from being confused
Organizational Meeting of IFAP . with others

What it is not 2) It is obligatory, Nobody can be without a

name .
In Tapuz v Napico , the petitioners also 3) It is fixed , but on certain grounds, the
prayed for issuance of writ of habeas data law will allow changes
specifically for the PNP to release reports 4) It is outside of the commerce of man, and
on the burning of houses of petitioners and is intransmissible by act inter vivos or
acts of violence employed against them . mortis causa .
They demanded copies of investigation 5) It is imprescriptible.
reports of the PNP after the incident was Article 376 Civil Code : No person can
reported by an heir of Tapuz change his name or surname without
HELD : The allegations are defective. There judicial authority .
is no concrete allegation of unjustified and Article 412 : No entry in a civil register shall
unlawful violation of the right to privacy be changed or corrected without judicial
related to the right of life liberty and order .
security . The petition does not show any
Amendment to the law alienage, all in good faith and without
prejudice to anybody
Rules 103 and 108 sets the processes by 6. Surname causes embarrassment . There
which the provisions of these two Civil Code should be no fraud, or that the change of
articles can be judicially addressed . name would prejudice public interest .
RA 9048 or the Clerical Error law took effect
on March 22, 2001 . It amends both Art 376 Jurisdictional requirements
and 412 .
It leaves Rule 103 effective as to change of Verified petition indicating in the caption
name where the civil registrar is not the name /aliases of applicant and name
capacitated to act on the change of name prayed for
sought , where the ground is not among Publication of the order of hearing for 3
those provided under law. consecutive weeks in newspaper of general
Petition for change of name is a special circulation in the province
proceeding because it seeks to establish the The grounds for change sought which must
status of a person involving his relations be included in the order published
with others. The name which will be The date of hearing should not be within 30
changed is the one registered or the true days prior to an election nor within 4
official name of the person. months after the last publication of the
notice.
Jurisdiction , venue, form and content of
petition R.A. 9048 holds Rule 103 to be adversarial

RTC where petitioner resides In Rep v.Mercadera Dec. 8 2010 the

Verified petition must contain : Supreme Court held that the sufficiency of
1.Allegation that he has been a bona fide grounds invoked in a petition must be
resident of the province where the petition subjected to court discretion.
is filed for at least 3 years prior to filing R.A. 9048 authorizes change of name
2. The cause or ground without court order . The grounds cited in
3. The name prayed for . this law are the same grounds that case law
GROUNDS: ESTABLISHED BY laid down . Whenever the civil registrar
JURISPRUDENCE denies the change of name or rejects the
1. Name is ridiculous, dishonorable or petition on ground that he has no discretion
extremely difficult to write or to rule on it, the petition must be filed
pronounce with the RTC.
Most courts require that copy of the
2. Change is a legal consequence of petition be served by petitioner upon the
legitimation or adoption Solicitor General before it acts on the form
3. Change will avoid confusion and substance.
4.When one has continuously used and Copies of all pleadings, orders , motions
been known since childhood by a Filipino shall be served upon the Solicitor General .
name and was unaware of alien parentage Without this office entering any
5. Change based on sincere desire a dpt a appearance, the initial hearing of the
Filipino name to erase signs of former
petition must be continued to another Sec. 2 Change of name is item No. 15 in this
date section that enumerates the entries in the
civil registry that can be corrected by a
Who can file petition for change of name petition under Rule 108.
Only the person who desires change of Who files : ANY PERSON Interested in ant
name may file the petition . A minor must act, event, order or decree concerning the
wait until he reaches age of majority civil status of persons, which have been
because his parents cannot file for him recorded in the civil register
during minority. WHERE : RTC where the civil register is
An alien residing in the Philippines for less located
than the period required cannot file . Nominal Respondent: ALWAYS THE CIVIL
An alien not judicially authorized to use REGISTRAR , and in certain cases , the
aliases in the Philippines , even if he alleges persons who may be affected by the
such aliases in his petition, may not be cancellation or correction sought .
allowed to change his name .
Omission of a letter , or indication of a Verified petition – contents
wrong letter in the name of the petitioner
as allege din the petition can be a fatal error 1) Verification
as the petitioner’s identity is not certain. 2) Petitioner should identify the
indispensable parties - i.e., those
Judgment in Rule 103 who have a claim or who have
interest in the cancellation or
The decision in Rule 103 if favorable, must correction if they are not named as
distinctly indicate, aside from the reasons respondents, so that they may be
and the law, the correct spelling , of the notified.
name desired. Thus there is a need to be 3) The order of hearing must specify
exact in the phrasing of the Prayer of the date and time of hearing
petition. 4) Order must be published for 3
Judgment affects the petitioner only . IN consecutive weeks in newspaper of
Secan v. Kok, Aug. 30, 1973, the wife and general circulation in the province;
children were not affected by the change in 5) There must be reasonable notice to
surname and court dictated they file all persons named in the petition.
separate petitions. (Cereuila v Delantar)
Copy of the judgment must be furnished
the civil registrar of the municipality or city
where the court issuing the same is situated What is the appropriate adversarial
who shall register the chnage in name. proceeding ?

RULE 108 Cancellation or Correction of Republic v. Benemerito (March 15 2004) is

Entries the case that cleared the relations between
the new law R.A. 9048 and Rule 108 of the
This Rule must not be confused with Rule Rules. It said that the purpose of R.A. 9048
103 simply because correction of name or is to make possible the administrative
surname is also included in its scope. correction of clerical or typographical errors
or change of first name or nickname in 1Mistake in the performance of clerical
entries of the civil registrar, leaving to Rule work in writing copying, transcribing or
108 the correction OF SUBSTANTIAL C typing an entry that is harmless and
HANGES in the registry in the innocuous such as misspelling, in name;
APPROPRIATE ADVERSARIAL 2) mistake in place of birth;
PROCEEDINGS. 3) , mistake in entering day and month of
In such proceedings, these must be present birth (RA 10172)
- 4) mistake in the gender of the newborn
All relevant facts have been fully weighed which is visible to the eyes or obvious to the
and considered - where opposing parties understanding, and can be corrected only to
/counsel have been given opportunity to other existing records; (RA 10172) .
disprove them - and where evidence have PROVIDED THAT there is no change in
been thoroughly evaluated and considered. nationality, age or status of a person.
Where also the Civil registrar as respondent
has been given the right to file any
opposition The administrative petition is filed in the
civil registrar where the entry to be
Examples of substantial changes corrected is located or
It may be filed with the civil registrar of the
Status from illegitimate to legitimate place where the petitioner resides , subject
Citizenship from Chinese to Filipino to the endorsement of the same to the civil
Cancellation of entry of simulated birth , as registrar of the place where the entry to be
it mayleave child without any parents corrected is located. (migrant petition) In
Gender classification where an intersex the Mindanao region, it may be filed with
person develops hgh levels of male the clerk of the Sharia court who keeps the
hormones registers of marriages and divorces .
The petition is also published three times ,
The administrative proceeding in R.A. 9048 and evidence is supplied to the civil
registrar such as public documents showing
The law covers not only change of name but that the change of name has basis, ID s
correction of clerical or typographical errors drivers licenses , land titles, NBI clearance
in the registry or the total or partial police clearance.
cancellation of an entry in the registry .
It may be filed by any person of legal age, Rules 105 and 107
With direct and personal interest i n the
correction or cancellation of the record nin Recognition of legitimate and illegitimate
the civil register children /Absentees
Direct and personal interest lies with the
person who owns the record containing the The recognition of a child is obligatory for
error, or any person he authorizes in writing parents
His spouse , children or parents , brothers,
sixers, grandparents, guardians or any other In general, a father or mother is obliged to
persons authorized by law . recognize a natural child . Art. 283 . 284 CC
If there is no recognition, the child can file is the record of birth or a will, or a
an action. Article 173 of Family Code states : statement before a court of record. If done
“Art. 173 The action to claim legitimacy in these forms THERE IS NO NEED OF
may be brought by the child during his or COURT APPROVAL
her lifetime and shall be transmitted to the COMPULSORY recognition is the judicial
heirs should the child die during minority or process of confirming the voluntary
in state of insanity . in those cases, the heirs recognition through any other means . It is
shall have a period of five years within also necessary where recognition is
which to file the action.” involuntary such as those in a criminal
The article refers to legitimate relations but action for rape , seduction or abduction , or
the period set in recognition of legitimate by giving the chld the status of a natural
and illegitimate filiation are the same, with child of the father.
one exception
Illegitimate Filiation

Recognition of children are either voluntary In illegitimate filiation, the same principles
or compulsory and provisions of law in recognition of
legitimate children apply.
Art 278 of Civil Code provides that voluntary “Art.175 FC Illegitimate children may
recognition shall be made establish their illegitimate filiation in the
In record of birth same way and in the same evidence as
A will legitimate children…”
A statement before a court of record The same article provides that if the basis
In any authentic writing of recognition will be Art.172 (2) admission
Art. 172 FC states that legitimate filiation in a public document or a private
may be established (1)by record of birth or handwritten instrument and signed by the
a final judgment (2) by an admission of parent concerned, the action must be
legitimate filiation in a public document or a brought during the lifetime of the alleged
private handwritten instrument signed by parent.
the parent . Amendment to FC allowing parents of
illegitimate children to acknowledge them
In the absence of record of birth or in the record of birth has eased the burden
admission of filiation – of those born outside of lawful relation,

The Evidence can be : Open and continuous

possession of the status of a legitimate Judicial approval of voluntary recognition
child OR
Any other means allowed by the Rules of Rule 105 applies when there is a need for
Court or any other means. court approval of a voluntary recognition of
VOLUNTARY recognition is an admission of a MINOR, made not by record of birth or by
the fact of paternity and maternity through will but by :
the forms prescribed by the Civil Code. Admission in Public document or private
(Gapusan Chua v CA March 15, 1990) From HANDWRITTEN instrument (Gapusan Chua-
Articles 172 FC and Article 278 CC, the form v. CA)
 Open and continuous possession of status See Art 281 CC A child who is of age cannot
of a legitimate/illegitimate child be recognized without his consent ...A
Any other means allowed by the Rules of minor can impugn the recognition within 4
Court and special laws years following attainment of his majority
In Mendoza v. CA Sept. 24, 1991 the trial
court ruled for illegitimate filiation of RULE 107 ABSENTEES
Teopista based on open, continuous Sec. 1. When a person disappears from his
possession - the CA held otherwise and domicile his whereabouts being unknown
overturned it- the SC reversed CA but and without having left an agent to
based illegitimate filiation “on any other administer his property, or the power
means” conferred upon the agent has expired, any
In this case the supposed father was still interested party , relative or friend may
living and denied paternity. petition the RTC of the place where the
absentee resided before his disappearance ,
Jurisdiction and Venue (Minor child ) for the appointment of a person to
represent him provisionally in all that may
RTC where the child resides and in case of be necessary “
illegitimate filiation, so long as parent is This is similar to Article 381 CC
alive There is need for judicial declaration of a
Content of petition : Jurisdictional facts person as absentee (1) if he has properties
Name /address of needing administration (2) spouse is asking
parents of acknowledged child or of either for separation of property (3) his wife
of them and their compulsory heirs , and petitions the court for administration of all
the persons with whom the child lives classes of property of the conjugal union
Fact that recognition by
parents took place in a court of record or in Where and when to file
authentic writing with copy attached RTC of place where absentee resided, after
Court order - hearing date must not be the lapse of two 2 years from his
more than 6 months after the entry of the disappearance and without any news about
order , directing publication of 3 the absentee or 5 years in case the
consecutive weeks absentee left a person in charge of the
administration of his property
Opposition hearing and judgment By Whom
1- spouse present (enjoys preference) 2-
Sec. 3 Rule 105 , opposition within 15 days Heirs instituted in a will (authentic copy)
from service or from the date of last 3-relatives who would succeed in intestacy
publication 4- Those who have some rits over the
Sec. 5 Court orders and declares the property subordinate to the condition of his
recognition of the child was voluntarily and death
willingly made by the parent concerned and The petition can be in one for
the same is for the best interest of the child. administration or appointment of an
Copy is served upon the civil registrar. administrator and there is no need for a
WHAT IS SIGNIFICANCE OF JUDICIAL separate petition for declaration of the
APPROVAL ON PERSONS ABOVE 21. disappeared as absentee.
Content of petition Requisites in Art. 41 FC
(1) Absent spouse missing for 4
(a) Jurisdictional facts consecutive years or 2 consecutive
(b) Names ages and residences of the years if his disappearance occurred
heirs instituted in a will and of the where there is danger of death
relatives who would succeed by the under the circumstances laid down
law of intestacy in Article 391 CC
(c) Names addresses of creditors and (2) The present spouse wishes to
those who may have adverse remarry
interest over the property of the (3) Spouse has a well founded belief
absentee that the absentee is dead
(d) Probable value , location and (4) Spouse files summary proceeding for
character of the property the presumptive death of the
There is no time prescribed for date of absentee (Rep v Cantor Dec. 10,
hearing . Court only sets it and notice of the 2013 )
time and place shall be served upon b) and
© at least 10 days before day of hearing. The action under Article 4) FC is not special
Publication is for 3 weeks . Opposition shall proceeding
be received in time set in the order .
Republic v. CA May 6 2005 laid down the
Hearing and judgment clarification that an action for declaration of
Hearing proceeds after satisfaction of presumptive death of an absent spouse is a
publication requirement and allegations are summary proceeding under the Family Code
supported with evidence. Judgment shall be and not governed by Rule 107 of the Rules.
PUBLISHED and shall not take effect until 6 At any rate, if there be need for filing of
months after its publication in a newspaper such a summary petition , absence cannot
of general circulation and in the Official be proven by alleging
Gazette. (a) mere absence (even for 4 years 2
Administration or trusteeship of property years) It must be based on well
shall terminate (1) when absentee appears founded belief that sose is dead )
personally or by an agent; and (2) when (b) Lack of any news that the absentee
absentee;s death is roved and his testate or is alive
intestate heirs appear , (30 when a 3r
person appears showing proper document APPEALS IN SPECIAL PROCEEDINGS RULE
of transfer of absentee s property to him, 109
by purchase or other title.
Sec. 1 Who may appeal - An interested
person - but the interest must be material
Rule 107 remedy must not be confused with and direct. In estate proceedings, any
Art 41 FC person legally interested in any order,
decree, or decision of the probate court in
Under Art. 41, the petition is for declaration the exercise of its special and limited
of presumptive death and the petition must jurisdiction, may appeal when such order,
state that the purpose is for remarrying. decree or judgment constitutes a final
determination of the rights of the BP 129 Sec.39 does away with the mode of
appellants . appeal called record on appeal and
Sec. 1 what may be appealed- Any order or prescribes uniform period of 15 days. It
judgment that - makes an exception as follows -
(a) Allows or disallows a will
(b) Determines who are lawful heirs , or “This section shall not apply in appeals from
determined distributive share of special proceedings and in other cases
persons entitled to the inheritance wherein multiple appeals are allowed under
(c) Allows or disallows wholly or applicable provisions of the Rules of Court .
partially any claim against the estate The “applicable provisions are Rule 41 Sec.
, or any claim of the estate 2 (a) and Sec. 3
presented as an offset to a claim Rule 41 Sec. 2
against it (a) Ordinary appeal .-The appeal to the
Court of Appeals in cases decied by
(d)Settles the account of an executor, RTC in the exercise of its original
administrator, trustee or guardian jurisdiction shall be taken by NOTICE
(e) constitutes final determination in the OF APPEAL with the cohort that
lower court of the rights of the party rendered the judgment or final
appealing, (In settlement of estate or order...and serving a copy thereof
administration of the trustee or of a upon the adverse party. No record
guardian) except that there is no appeal on appeal shall be required EXCEPT
from appointment of special administrator IN special proceedings and other
(f) is the final order or judgment rendered cases of multiple or separate
in the case, and affects the substantial appeals where the law or theses
rights of the person appealing , unless be it Rules require . In such cases the
an order granting or denying a motion for record on appeal shall be filed and
new trial or reconsideraiton . served in like manner .

If there is appeal filed during the pendency

of estate proceedings on any of the relevant Sec. 3 Period of ordinary appeal .-
situations in Sec. 1, the court can order
advance distribution of part of the estate The appeal shall be taken within fifteen
not affected by the controversy subject to (15)days from notice of judgement or final
Rule 90 (debts and taxes first before actual order appealed from. WHERE A RECORD ON
distribution) APPEAL IS REQUIRED., the appellants shall
This enumeration of what can be appealed file A NOTICE OF APPEAL AND A RECORD
gives rise to multiple appeals in special ON APPEAL WiThIN THIRTY (30) days from
proceedings and in certain other actions notice of judgment or final order. However ,
like expropriation, insolvency, corporate an appeal in habeas corpus cases shall be
rehabilitation. taken within 48 hours from notice of the
Mode of Appeal -Rule 109 does not provide judgment or final order appealed from. As
in any of its two sectionshow to make an amended by AM. 01-1-03 SC June 19, 2001
appeal in any of the enumerated instances . WHAT IS NOTICE OF APPEAL - See Sec. 5
must specify parties, judgment or final
order, or part thereof, appealed form, the whom was Jaime Robles , for the estate of
court to which the appeal is being taken, Hermogenes only . RTC initially granted his
and material dates showing the timeliness opposition and appointed Robles as regular
of the appeal. adm BUT LATER, it revoked decision and
WHERe FILED - RTC which rendered the appointed Henry and Rosalina as admin for
decision, perfected with payment of docket both estates. Court dismissed all
fees in trial court, and accompanied by oppositions . Robles filed a notice of appeal
approved record on appeal which was denied for failure to attach
record on appeal, He went to SC on
What is a record on appeal petition for review . CA annulled the RTC
Amended decision
It is a copy in chronological mode, of all Issue, if the appeal of Robles was perfected,
pleadings, orders relevant to the issue the CA would have no jurisdiction because
involved - the amended Decision lapsded into finality.
Sec. 5 Rule 41 sets the form and content of WON CA had jurisidctin
the record on appeal HELD None. Robles by failing to file a record
Sec. 7 quotes For and Contents Sec. 8 appeal as required under Rule 109, lost his
Copy is served on the respondent or appeal. The decision has became final and
adverse party and same is approved within no longer appealable.
5 days from respondent’s receipt if he does
not object thereto.
Sec. 8 provides that both parties my file
joint record on appeal if they both appeal
the order or judgment on different
grounds .

Effect of approval

The approval of the record of appeal

perfects the appeal as to the appellant with
respect to the subject matter of the appeal .
The court loses jurisdiction the moment it is
filed, provided that the adverse party’s time
to appeal has expired.
Why are multiple appeals allowed - To
enable the rest of the case to proceed in the
event that a separate and distinct issue s
resolved by the court.
Case : PASCUAL V. ROBLES Dec. 4, 2009
Estate involved - of Antonio and
Hermogenes Rodriguez. In RTC Henry was
appointed regular ad for estate Antonio
and special ad for estate of H. meantime, six
oppositors entered appearance one of
Briones v Henson lack of record on appeal . CA DISMISSED
Estate involved was of Mrs. Henson and THE GOVERNMENT’S APPEAL
respondent petitioned for the allowance of Issue : WAS RECORD ON APPEAL
her mother ‘s will. While she prayed for NECESSARY ?
appointment of regular administrator, court Discuss the ruling.
appointed Atty Briones as special
administrator subseuqent to a prior one. .
In a later order, trial court ordered on Other cases where multiple appeals allowed
March 12, 2002, 1) immediate audit of the
first special admin transactions, and Outside of Rule 72 to 109 other cases where
suspended the approval of this report; 2) multiple appeals are allowed are:
orders payment of his commission at 1.8% Expropriation Cases : Marinduque Mining v.
of value of estate (3) directs special ad , CA Oct. 6, 2008
now Briones, to deliver shares of heirs. Petition for Corporate rehabilitation A.M.
Henson filed notice of appeal to the order 00-08-10 SC designates it as a special
of March 12, and later filed a record on proceeding and appeal is 30 days by record
appeal, specifically on the matter of on appeal See BPI Family Bank v. Pryce
payment of commission for the Gases Inc et al. June 29, 2011.
administrator .She also filed petition for Actions for Partition of Property with
certiorari with CA questioning the Accounting
appointment of an auditor who would pass
upon the special administrator’s final Expropriation - Marinduque Mining and Ind
accounting, when her notice of appeal was Corp v. CA October 6, 2008 /There are two
denied. stages in an expropriation case . First
determination of plaintiff(govt.) ‘s power to
Republic v Nishna Nov.10, 2010 exercise the power of eminent domain and
the propriety of its exercise in the case at
NishCA aida Nishina was born to filipina hand Second - determination by the court
other and Japanese father surnamed of just compensation. In each of these
Nishina. Husband died and Zenaida the cases, the owner can file separate appeals .
other married Hakamada. As she could not
find any record of birth for Nishaida, she
registered her under Hakamada. Divorced
from Hakamada, Zenaida married
Watanabe who obtained in Japan an
adoption in favor of Nishaida. Zenaida now
filed filed petition for cancellation of the
second registration under the name
Hhakamada, and that her first record of
birth be amended to now incorporate the
name Watanabe in place of Nishina. The
court granted it. Republic appealed by
notice of appeal. .Nishina;s opposition is the