Spec Pro Pre Week 2019 Lecture Notes on Special Proceedings
Spec Pro Pre Week 2019 Lecture Notes on Special Proceedings
1. A special proceeding under the same rule In Metro Manila, the Municipal Trial Court
provides that it is a remedy by which a has jurisdiction on the said proceeding if the
party seeks to establish a status, a right or value of the estate does not exceed
a particular fact. P400,000.00, otherwise, the Regional Trial Court
has jurisdiction over the same.
Pursuant to Section 3, Rule 1 of the 1997
Rules of Civil Procedure, a civil action is Outside Metro Manila, Municipal Trial
one by which a party sues another for the Courts, Metropolitan Trial Courts and Municipal
enforcement or protection of a right, or the Circuit Trial Courts have jurisdiction over
prevention or redress of a wrong. probate proceedings if the gross value of the
estate left by the decedent does not exceed
2. Unlike actions, a special proceeding is P300,000.00
generally commenced by application,
Republic Act 11576: Expanding the
petition or special form of pleading as may
Jurisdiction of the Municipal Trial Court,
be provided for by the particular rule or law.
Metropolitan Trial Court and Municipal Circuit
Trial Court and Amending the B.P. Blg. 129.
3. Unlike actions, in special proceedings, it
does not pray for affirmative relief for injury
Section 19: Jurisdiction of the Regional
arising from a party’s wrongful act or Trial Court in Civil Cases. RTC shall exercise
omission nor state a cause of action that
original jurisdiction:
can be enforced against any person.
(4) In all matters of probate, both testate and
3. ARE THE RULES IN CIVIL ACTIONS intestate where the gross value of the estate
APPLICABLE IN SPECIAL exceeds Two Million Pesos (₱2,000,000.00).
PROCEEDINGS?
Yes, in the absence of special provisions, the Section 2 Amended Section 33 of the same
rules provided for ordinary actions shall be, as law provides:
far as practicable, applicable in special
Section 33. Jurisdiction of the Metropolitan
proceedings. (Section 2, Rule 72 of the Rules of
Trial Court, Municipal Trial Court in Cities,
Court)
Municipal Courts, and Municipal Circuit Trial
4. ALAN JOSEPH A. SHEKER v. ESTATE Courts in Civil Cases shall exercise:
OF ALICE O. SHEKER, VICTORIA S.
MEDINA (G.R. No. 157912, December 13, (1) Exclusive original jurisdiction over civil
2007) actions and probate proceedings,
testate and intestate, including the grant
DOCTRINE: Provisions of the Rules of of provisional remedies in proper cases,
Court requiring a certification of non- where the value of the personal property
forum shopping for complaints and or amount of the demand does not
initiatory pleadings, a written explanation exceed Two Million Pesos
(₱2,000,000.00)xxx instrument and registered in the
Registry of Deeds.
RULE 75
2. VENUE IN THE SETTLEMENT OF
ESTATE PROCEEDING? PRODUCTION OF WILL
ALLOWANCE OF WILL NECESSARY
1. IS ALLOWANCE OF A WILL NECESSARY?
The residence of the decedent at the time Yes, the allowance of a will is necessary.
of his death is determinative of the venue of the Section 1 of Rule 75 is explicit, “No will shall
proceeding. pass either real or personal estate unless it is
proved and allowed in the proper court.”
It is only where the decedent was a
nonresident of the Philippines at the time of his 2. IS THE PROBATE OF A WILL MANDATORY?
death that venue lies in any province in which
he had estate. Yes. The probate of a will is mandatory.
(Baluyot v. Panio, L-42088, 71 SCRA 86)
3. WHAT IS THE NATURE OF THE
PROCEEDINGS OF SETTLEMENT OF 3. DOES A WILL HAVE FORCE AND EFFECT
THE ESTATE? EVEN IF NOT PROBATED?
The settlement of a decedent’s estate is a No. Until admitted to probate, a will has no
proceeding in rem which is binding against the effect, and no right can be claimed thereunder.
whole world. All persons having interest in the (Pascual v. Court of Appeals, 409 SCRA 105)
subject matter involved, whether they were
4. MAY A PROBATE COURT PASS UPON THE
notified or not, are equally bound. (Philippine
INTRINSIC VALIDITY OF A WILL?
Savings Bank v. Lantin, 124 SCRA 483)
No. In a special proceeding for the probate
of a will, the issue by and large is restricted to
4. QUIAZON V. BELEN, G.R. No. 189121,
the extrinsic validity of the will, i.e. whether the
July 31, 2013.
testator, being of sound mind, freely executed
the will in accordance with the formalities
DOCTRINE: As thus defined, "residence," in the prescribed by law. As a rule, the question of
context of venue provisions, means nothing ownership is an extraneous matter which the
more than a person’s actual residence or place probate court cannot resolve with finality.
of abode, provided he resides therein with (Pastor Jr. v. CA, 122 SCRA 185)
continuity and consistency.
5. IS A PROBATE COURT A COURT OF LIMITED
RULE 74 JURISDICTION?
SUMMARY SETTLEMENT OF ESTATES
Yes. A probate court is a court of limited
1. IF A PERSON HAD NO KNOWLEDGE OR jurisdiction. As such, it may only determine
HAD NOT PARTICIPATED IN THE and rule upon issues that relate to settlement
EXTRAJUDICIAL SETTLEMENT, IS HE of the estate of deceased person such as the
BOUND THEREBY BY REASON OF administration, liquidation and distribution of
CONSTRUCTIVE NOTICE OF the estate.
PUBLICATION?
THE ROMAN CATHOLIC BISHOP OF
No. The publication of the settlement does TUGUEGARAO, PETITIONER, VS.
not constitute constructive notice to the heirs FLORENTINA PRUDENCIO, ET. AL.
who had no knowledge or did not take part in it (GR. No. 187942, September 7, 2016, Jardeleza, J.)
because the same was notice after the fact of
DOCTRINE: In all execution of Extrajudicial
execution. Settlement of the estate of the deceased, all
Exception: heirs of the deceased should have
participated. No extrajudicial settlement shall
1. Execution of extrajudicial settlement of be binding upon any person who has not
estate: participated or had no notice thereof. As the
partition was a total nullity and did not affect
i. No will
the excluded heirs, it was not correct for the
ii. No debts trial court to hold that their right to challenge
the partition had prescribed after two years
iii. Heirs properly represented from its execution.
iv. The settlement is in a public
It is clear that Section 1 of Rule 74 does No. It may be filed at any time and is required by
not apply to the partition in question which public policy.
was null and void as far as the plaintiffs were
concerned. The rule covers only valid
partitions. May loss or destroyed will be allowed/probated?
Yes, provided that the following must be complied
In this case, the partition was invalid with:
because it excluded six of the nine heirs who
were entitled to equal shares in the 1. Execution and validity of the will must be
partitioned property. Under the rule "no established;
extrajudicial settlement shall be binding 2. Will must have been in existence at the time
upon any person who has not participated of death of the testator or shown to have
therein or had no notice thereof." As the been fraudulently or accidentally destroyed
partition was a total nullity and did not affect in the lifetime of the testator without his
the excluded heirs, it was not correct for the knowledge;
trial court to hold that their right to challenge
the partition had prescribed after two years 3. Provisions are clearly and distinctly proved
from its execution. by at least 2 credible witnesses.
RULE 86
*IS THE ORDINARY ACTION FOR PARTITION Claims Against Estate
INTENDED TO TAKE THE SPECIAL
PROCEEDING ON THE SETTLEMENT OF Statue of Non-Claims
ESTATE? It is the period fixed by Section 2 of the Rule 86 for the
filing of the claims against the estate.
Yes, the ordinary action for partition
therefore is meant to take the place of the The rule mandates that certain creditors of a deceased
special proceeding on the settlement of the person to present their claims for examination and
estate. The reason is that, if the deceased dies allowance within a specified period, the purpose
without pending obligations, there is no necessity thereof being to settle the estate with dispatch, so that
for the appointment of an administrator to the residue of the estate may be delivered to the
administer the estate for the heirs and the persons entitled to without their being afterwards
creditors, much less, the necessity to deprive the called upon to respond in actions for claims, which
under the ordinary statute of limitations have not yet
real owners of their possession to which they are
prescribed.
immediately entitled. (Heirs of Ernesto Morales
vs. Astrid Morales Agustin, represented by her Period to file a claim against the estate
Attorney-In-Fact, Edgardo Torres, G.R. No.
224849, June 06, 2018, Reyes, Jr., J.) Not less than six (6) months nor more than twelve
(12) months from the day of the first publication of the
RULE 76 notice thereof.
RULE 102
PART II. UNDER ADMINISTRATIVE
CIRCULAR N0. 03-02-05-SC HABEAS CORPUS
1. IS CHANGE OF NAME A MATTER OF RIGHT? (d) when one has continuously used and
been known since childhood by a
No, the Court has had occasion to express Filipino name, and was unaware of
the view that the State has an interest in the alien parentage;
(e) a sincere desire to adopt a Filipino
names borne by individuals and entities for name to erase signs of former
purposes of identification, and that a change of alienage, all in good faith and without
name is a privilege and not a right, so that prejudicing anybody; and
before a person can be authorized to change (f) when the surname causes
embarrassment and there is no
his name given him either in his certificate of showing that the desired change of
birth or civil registry, he must show proper or name was for a fraudulent purpose or
reasonable cause, or any compelling reason that the change of name would
prejudice public interest (ERIC
which may justify such change. Otherwise, the
SIBAYAN CHUA, Petitioner, v.
request should be denied. (In re: Petition for REPUBLIC OF THE PHILIPPINES,
change of name and/or correction/cancellation of Respondent, G.R. No. 231998,
entry in civil registry of Julian Lin Carulasan Wang November 20, 2017).
IN WHAT INSTANCE MAY RULE 103 The verified petition must be filed before the
AND RULE 108 APPLY IN CHANGE OR Regional Trial Court where the corresponding
CORRECTION OF FIRST NAME? civil registry is located.
A person may now change his or her first 7. ENUMERATE THE PARTIES WHO MAY BE
name or correct clerical errors in his or her IMPLEADED TO A CANCELLATION OR
name through administrative proceedings. CORRECTION OF AN ENTRY PROCEEDING.
Rules 103 and 108 only apply if the
administrative petition has been filed and The persons who must be made parties
later denied. (Republic vs.. Michelle Gallo, to a proceeding concerning the cancellation or
Respondent. G.R. No. 207074, January 17, correction of an entry in the civil register
2018). are:for correction under Rule 108 of the Rules
of Court is limited to changes in entries
3. IN A PETITION FOR A SUBSTANTIAL containing harmless and innocuous errors.
CORRECTION OF ENTRY, MUST THE LOCAL
CIVIL REGISTRAR BE IMPLEADED? 10. SHOULD A PETITION FOR THE CORREC-
TION OR CHANGE OF ENTRIES IN ONE’S
Yes, the local civil registrar must be
BIRTH CERTIFICATE BE GRANTED BY REA-
impleaded since he is an indispensable party
without whom no final determination of the SON OF “SEX CHANGE”?
case can be had. No. Since the statutory language of the
Civil Register Law was enacted in the early
The failure to strictly comply with the 1900s and remains unchanged, it cannot be
above-discussed requirements of Rule 108 of argued that the term “sex” as used then is
the Rules of Court for correction of an entry in
something alterable through surgery or
the civil registrar involving substantial and
controversial alterations renders the entire something that allows a post-operative male-to-
proceedings therein null and void. female transsexual to be included in the
category “female.” Thus, there is no legal basis
The local civil registrar is thus required for his petition for the correction or change of
to be made a party to the proceeding. He is an entries in his birth certificate.
indispensable party, without whom no final
determination of the case can be had. As he 11. Rommel Jacinto Dantes Silverio v. Republic
was not imp leaded in this case much less of the Philippines,
given notice of the proceeding, the decision of
the trial court, insofar as it granted the prayer
for the correction of entry, is void. The
absence of an indispensable party in a case
renders ineffectual all proceedings
subsequent to the filing of the complaint
including the judgment.
(l) the civil registrar, and gender of such persons, like respondent, is
fixed.
(2) all persons who have or claim any
interest which would be affected 2. To the person with Congenital Adrenal
thereby. (REPUBLIC vs. TIPAY, G.R. Hyperplasia (CAH) belongs the human right to
NO. 209527, February 14, 2018, Reyes the pursuit of happiness and of health, and to
JR., J.) him should belong the primordial choice of what
courses of action to take along the path of his
8. WHO ARE THE PARTIES THAT MAY
OPPOSE THIS PROCEEDING? sexual development and maturation.
12. ON THE OTHER HAND, MAY THE COURT DOCTRINE: The recognition of the foreign
GRANT A PETITION UNDER RULE 108 TO divorce decree may be made in a Rule 108
CHANGE THE GENDER OF A PERSON FROM proceeding itself, as the object of special
“FEMALE” TO “MALE” BY REASON OF proceedings (such as that in Rule 108 of the
CONGENITAL ADRENAL HYPERPLASIA Rules of Court) is precisely to establish the
(CAH)? status or right of a party or a particular fact.
CASE: RULE 108 AS THE APPROPRIATE 2. WHAT IS THE LEGAL EFFECT OF R.A. 9048
ADVERSARY PROCEEDING AND REASONS KNOWN AS THE CLERICAL ERROR ACT?
WHY RULE 108 IS NOT ALWAYS A
SUMMARY PROCEEDING Republic Act No. 9048 amended Articles
376 and 412 of the Civil Code, effectively
removing clerical errors and changes of the
REPUBLIC vs. VIRGIE (VIRGEL) L.
name outside the ambit of Rule 108 and putting
TIPAY, Respondent.
them under the jurisdiction of the civil
G.R. NO. 209527, FEBRUARY 14, 2018,
REYES, JR., J. register. (Republic vs.. Michelle Gallo,
Respondent. G.R. No. 207074, January 17,
2018).
Doctrine: It is true that in special
proceedings, formal pleadings and a hearing
may be dispensed with, and the remedy is
3. WHAT ENTRIES IN THE CIVIL REGISTRY
granted upon mere application or motion.
However, a special proceeding is not always ARE SUBJECT TO R.A. 9048?
summary. The procedure laid down in Rule No entry in a civil registry shall be changed
108 is not a summary proceeding per se. It or corrected without a judicial order except:
requires publication of the petition; it
mandates the inclusion as parties of all 1. for clerical or typographical errors of
persons who may claim interest which would first name; and
be affected by the cancellation or correction;
it also requires the civil registrar and any 2. change of first name or nickname.
person in interest to file their opposition, if
any; and it states that although the court may 4. WHICH GOVERNMENT BODY HAS
make orders expediting the proceedings, it is JURISDICTION TO EFFECT CHANGE OR
after hearing that the court shall either CORRECTION?
dismiss the petition or issue an order granting
The same can be corrected or changed by
the same.
concerned city or municipal civil registrar or
consul general.
Thus, as long as the procedural
requirements in Rule 108 are followed, it is the 5. IS THE CLERICAL ERROR ACT LIMITED TO
appropriate adversary proceeding to effect CORRECTION OF CLERICAL OR TYPOGRAPHI-
substantial corrections and changes in CAL ERRORS ONLY?
entries of the civil register.
No. The law is clear. It also applies to
change of first name or nickname.
THE CLERICAL ERROR ACT 6. DOES THE CLERICAL ERROR ACT APPLY
Republic Act No. 9048 TO CHANGE OF FULL NAME?
No. Change of full name is covered by Rule
103. The act is limited to clerical or
1. WHAT IS R.A. 9048? typographical errors and change of first name
or nickname.
RA 9048 now governs the change of first
name. It vests the power and authority to 7. WHERE IS THE FILING OF THE PETITION?
entertain petitions for change of first name to
the city or municipal civil registrar or consul 1. The petition may be filed with the local
general concerned. civil registry office of the city or municipality
where the record being sought to be corrected
Under the law, therefore, jurisdiction
over applications for change of first name is or changed is kept.
now primarily lodged with the aforementioned 2. In case the petitioner has already
administrative officers. The intent and effect of
the law is to exclude the change of first name migrated to another place in the country and it
from the coverage of Rules 103 (Change of would not be practical for such party, in terms
Name) and 108 (Cancellation or Correction of of transportation expenses, time and effort to
Entries in the Civil Registry) of the Rules of appear in person before the local civil registrar
Court, until and unless an administrative
petition for change of name is first filed and keeping the documents to be corrected or
subsequently denied. It likewise lays down the changed, the petition may be filed, in person,
corresponding venue, form and procedure. In with the local civil registrar of the place where
the interested party is presently residing or change in nationality.
domiciled.
The two (2) local civil registrars AMENDMENT TO R.A. 9048
concerned will then communicate to facilitate REPUBLIC ACT No. 10172
the processing of the petition. Effectivity date: September 3, 2012
1. Citizens of the Philippines who are
presently residing or domiciled in 1. WHAT IS THE LEGAL EFFECT OF R.A. 10172
foreign countries may file the same AMENDING R.A. 9048?
before the Philippine consulate office. In 2012, Republic Act No. 9048 was
amended by Republic Act 10172.
REPUBLIC v. LORENA SALI
In addition to the change of the first
(G.R. No. 206023, April 3, 2017 name, the day and month of birth, and the sex
J. Peralta) of a person may now be changed without
judicial proceedings. Republic Act No. 10172
DOCTRINE: The local city or municipal civil registrar or clarifies that these changes may now be
consul general has the primary jurisdiction to entertain administratively corrected where it is patently
petitions for change or correction of first name and birth clear that there is a clerical or typographical
date, pursuant to R.A. 9048. It is only when such mistake in the entry. (Republic vs.. Michelle
petition is denied that a petitioner may either appeal Gallo, Respondent. G.R. No. 207074, January 17,
to the civil registrar general or file the appropriate 2018).
petition with the proper court.
2. EXPLAIN THE TERM “VISIBLE TO THE
EYES OR OBVIOUS TO THE
8. ENUMERATE THE GROUNDS FOR CHANGE UNDERSTANDING." AS A CLERICAL OR
OF FIRST NAME OR NICKNAME UNDER TYPOGRAPHICAL ERROR UNDER REPUBLIC
ACT NO. 10172.
SECTION 4 OF THIS ACT.
By qualifying the definition of a clerical,
The petition for change of first name or typographical error as a mistake "visible to
nickname may be allowed in any of the the eyes or obvious to the understanding,"
the law recognizes that there is a factual
following cases:
determination made after reference to and
(1) The petitioner finds the first name or evaluation of existing documents presented.
nickname to be ridiculous, tainted with
Thus, corrections may be made even
dishonor or extremely difficult to write though the error is not typographical if it is
or pronounce; "obvious to the understanding," even if there
is no proof that the name or circumstance in
(2) The new first name or nickname has
the birth certificate was ever used.
been habitually and continuously used
by the petitioner and he has been
publicly known by the first name or 3. WHAT ARE THE ENTRIES IN THE BIRTH
nickname in the community; or CERTIFICATE THAT CAN BE CORRECTED?
(3) The change will avoid confusion. 1. clerical or typographical errors and
change of first name or nickname; (R.A.
9. WHAT IS THE EFFECT OF R.A. 9048 TO THE 9048) and
APPLICATION OF RULE 108?
2. . day and month in the date of birth or
Under this new law, “clerical or sex of a person where it is patently clear
that there was a clerical or
typographical errors and change of first name typographical error or mistake in the
or nickname” may be corrected or changed by entry. (R.A. 10172)
the concerned city or municipal registrar or
consul general, without need of any judicial
order. 4. WHAT ARE THE ENTRIES IN THE BIRTH
CERTIFICATE THAT CANNOT BE CHANGED?
(SEC. 2 (3), R.A. NO. 10172)
10. DOES R.A. 9048 APPLY TO CHANGE IN
NATIONALITY? 1. nationality;
2. age; or
No, Republic Act. No. 9048 provides in 3. status of the petitioner.
Section 2 (3) that a summary administrative
proceeding to correct clerical or typographical
errors in a birth certificate cannot apply to a
5. WHAT ARE THE REQUIREMENTS FOR government physician attesting to
CORRECTION OF DATE OF BIRTH (day or the fact that the petitioner has not
month) OR THE SEX OF THE PERSON? (SEC.5, undergone sex change or sex
R.A. NO. 10172) transplant.
1. COMPARATIVE TABLE ON RULE 103, RULE 108, R.A. 9048 AND R.A. 10172:
Who may File A person desiring Any person interested in Any person having Same in R.A. 9048
to change his any act, event, order or direct and personal
name. (Section 1) decree concerning the interest in the
civil status of persons correction of a
which has been recorded clerical or
in the civil register. typographical error
(Section 1) in an entry and/or
change of first
name or nickname.
(Section 3)
Venue RTC of the RTC of city or province 1. Local civil registry 1. Local civil registry
province in which where the corresponding office of the city or office of the city or
petitioner resides civil registry is located. municipality where municipality where
for 3 years prior to the record being the record being
filing, or, in the City sought to be sought to be
of Manila, to the corrected or corrected or
Juvenile and changed is kept; changed is kept;
Domestic
Relations Court. 2. Local civil
registrar of the 2. Local civil registrar
place where the of the place where
interested party is the interested party
presently residing or is presently residing
domiciled; or domiciled;
3.Philippine 3.Philippine
Consulate. Consulate.
Contents of (a) That the (a) That the petitioner has (a) Facts necessary (a) Facts necessary
petition petitioner has been been a bona fide resident to establish the to establish the
a bona fide of the province where the merits of the merits of the petition;
resident of the petition is filed for at least petition;
province where the three (3) years prior to the (b) Facts that shall
petition is filed for date of such filing; (b) particular show affirmatively
at least three (3) erroneous entry or that the petitioner is
years prior to the (b) The cause for which entries, which are competent to testify
date of such filing; the change of the sought to be to the matters stated
petitioner’s name is corrected and/or the in the petition.
(b) The cause for sought; change sought to
which the change (c) The name asked for. be made. The petition shall be
of the petitioner’s (Section 2) supported with the
name is sought; The petition shall be following documents:
(c) The name supported with the
asked for. (Section following (1) A certified true
2) documents: machine copy of the
certificate or of the
(1) A certified true page of the registry
machine copy of the book containing the
certificate or of the entry or entries
page of the registry sought to be
book containing the corrected or
entry or entries changed;
sought to be
corrected or (2) At least two (2)
changed; public or private
documents showing
(2) At least two (2) the correct entry or
public or private entries upon which
documents showing the correction or
the correct entry or change shall be
entries upon which based; and
the correction or
change shall be (3) Other documents
based; and which the petitioner
or the city or
(3) Other municipal civil
documents which registrar or the
the petitioner or the consul general may
city or municipal consider relevant
civil registrar or the and necessary for
consul general may the approval of the
consider relevant petition. (Section 3)
and necessary for
the approval of the No petition for
petition. (Section 5) correction of
erroneous entry
concerning the date
of birth or the sex of
a person shall be
entertained except:
- if the petition is
accompanied by a
certification issued
by an accredited
government
physician attesting to
the fact that the
petitioner has not
undergone sex
change or sex
transplant.
Furthermore, the
petitioner shall
submit a certification
from the appropriate
law enforcement
agencies that he has
no pending case or
no criminal record.
Grounds 1. Name is Upon good and valid 1. The petitioner Clerical or
ridiculous, tainted grounds, the following finds the first name typographical error
with dishonor and entries in the civil register or nickname to be
extremely difficult may be cancelled or ridiculous, tainted
to write or corrected. with dishonor or
pronounce; extremely difficult to
write or pronounce;
2. Consequence of
change of status; 2. The new first
name or nickname
3. Necessity to has been habitually
avoid confusion; and continuously
used by the
4. Having petitioner and he
continuously used has been publicly
and been known known by that by
since childhood by that first name or
a Filipino name, nickname in the
unaware of her community; or
alien parentage;
3. The change will
5. A sincere desire avoid confusion.
to adopt a Filipino (Section 4)
name to erase
signs of former
alienage all in
good faith and
without prejudicing
anybody.
Kind of Judicial Summary proceeding Administrative Administrative
proceeding Proceeding This can be converted to proceeding proceeding
an adversarial proceeding
if there are substantial
changes and affect the
status of an individual.
Notice and At least once a At least once a week for At least once a At least once a week
Publication week for three three consecutive weeks week for two (2) for two (2)
consecutive weeks in some newspaper of consecutive weeks consecutive weeks
in some general circulation (notice (publish the whole in a newspaper of
newspaper of hearing) affidavit) general circulation
circulation (notice
of hearing)
Who The Solicitor The Civil Registrar The Civil Registrar Same in R.A. 9048
participates General or the or the Consul.
on the part of proper provincial
the or city fiscal shall
Government appear on behalf
of the Government
of the Republic.
Where to Appeal decision Appeal decision with the Appeal decision to Same in R.A. 9048
appeal with the Court of Court of Appeals. the Civil Registrar
Appeals. General (head of
NCSO).
3. Guardianship
a. If filed under the Domestic Adoption Act 1. Family Court of province or city where
(R.A. 8552) prospective adoptive parents reside.
2. If the petition is for Rescission of Adoption
of the Adoptee—Family Court of the city or
province where the adoptee resides.(Sec.19)
b. If filed under the Inter-Country Adoption Act 1. Family Court having jurisdiction over the
(R.A. 8043) place where the child resides or may be found
(filed by a foreign national or Filipino citizen
permanently residing abroad).
2. It may be filed directly with the Inter-Country
Adoption Board.
5. Habeas Corpus
a. Habeas Corpus for illegal confinement or 1. If filed with RTC, where detainee is
detention (Rule 102) detained. SC, CA and RTC have concurrent
jurisdiction.
*The writ of habeas corpus issued by the RTC
shall be enforceable only within its judicial
region (Sec. 21, BP 129).
b. Habeas Corpus for custody of Minors
(A.M. No. 03-04-04 SC) 1. Family courts have exclusive jurisdiction
(Family Courts Act of 1997 [RA 8309]).
2. Under the Rule on Custody of Minors and
Writ of Habeas Corpus in relation to Custody of
Minors (A.M. No. 03-04-04-SC), the petition
may be filed with SC, CA or any of its
members, and, if so granted, the writ shall be
enforceable anywhere in the Philippines.
7. Habeas Data (A.M. No. 08-1-16-SC) SC, CA and Sandigabayan when the action
concerns public data files of government
offices
If with the RTC:
1. where petitioner resides; or
2. where respondent resides; or
3. that which has jurisdiction over the place
where data or information is gathered,
collected or stored, at the option of petitioner.
(Sec.3)
10. Cancellation or Correction of Entries RTC of the province where the corresponding
(Rule 108): Local Civil Registrar of place is located.(Sec.1)
11. The Clerical Error Act (R.A. 9048) 1. Local civil registry office of the city or
municipality where the record being sought to
be corrected or changed is kept;
3.Philippine Consulates
GOVERNING LAW Rule 102 A.M. No. 07-9-12-SC A.M. No. 08-1-16-SC