SPECIAL PROCEEDINGS (Atty.
Geraldine Quimosing-Tiu) 1
CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
GUARDIANSHIP
General Guardians and Guardianship
RULE 92
Venue
Section 1. Where to institute proceedings. — Guardianship of a
person or estate of a minor or incompetent may be instituted in the
Court of First Instance of the province, or in the justice of the peace
court of the municipality, or in the municipal court chartered city
where the minor or incompetent persons resides, and if he resides in
a foreign country, in the Court of First Instance of the province
wherein his property or the party thereof is situated; provided,
however, that where the value of the property of such minor or
incompetent exceeds that jurisdiction of the justice of the peace or
municipal court, the proceedings shall be instituted in the Court of
First Instance.
In the City of Manila the proceedings shall be instituted in the
Juvenile and Domestic Relations Court.
Section 2. Meaning of word "incompetent." — Under this rule, the
word "incompetent" includes persons suffering the penalty of civil
interdiction or who are hospitalized lepers, prodigals, deaf and dumb
who are unable to read and write, those who are of unsound mind,
even though they have lucid intervals, and persons not being of
unsound mind, but by reason of age, disease, weak mind, and other
similar causes, cannot, without outside aid, take care of themselves
and manage their property, becoming thereby an easy prey for
deceit and exploitation.
Section 3. Transfer of venue. — The court taking cognizance of a
guardianship proceeding, may transfer the same to the court of
another province or municipality wherein the ward has acquired real
property, if he has transferred thereto his bona-fide residence, and
the latter court shall have full jurisdiction to continue the
proceedings, without requiring payment of additional court fees.
RULE 93
Appointment of Guardians
Section 1. Who may petition for appointment of guardian for
resident. — Any relative, friend, or other person on behalf of a
resident minor or incompetent who has no parent or lawful guardian,
or the minor himself if fourteen years of age or over, may petition the
court having jurisdiction for the appointment of a general guardian
for the person or estate, or both, of such minor or incompetent. An
officer of the Federal Administration of the United States in the
Philippines may also file a petition in favor of a ward thereof, and the
Director of Health, in favor of an insane person who should be
hospitalized, or in favor of an isolated leper.
Section 2. Contents of petition. — A petition for the appointment of
a general guardian must show, so far as known to the petitioner:
(a) The jurisdiction facts;
(b) The minority or incompetency rendering the appointment
necessary or convenient;
(c) The names, ages, and residence of the relatives of the minor or
incompetent, and of the person having him in their care;
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of guardianship.
The petition shall be verified; but no defect in the petition or
verification shall render void the issuance of letters of guardianship.
Section 3. Court to set time for hearing. Notice thereof. — When a
petition for the appointment of a general guardian is filed, the court
shall fix a time and place for hearing the same, and shall cause
reasonable notice thereof to be given to the persons mentioned in
the petition residing in the province, including the minor if above 14
years of age or the incompetent himself, and may direct other
general or special notice thereof to be given.
Section 4. Opposition to petition. — Any interested person may, by
filing a written opposition, contest the petition on the ground of
majority of the alleged minor, competency of the alleged
incompetent, or the insuitability of the person for whom letters are
prayed, and may pray that the petition be dismissed, or that letters of
guardianship issue to himself, or to any suitable person named in
the opposition.
Section 5. Hearing and order for letters to issue. — At the hearing of
the petition the alleged in competent must be present if able to
attend, and it must be shown that the required notice has been
given. Thereupon the courts shall hear the evidence of the parties in
support of their respective allegations, and, if the person in question
is a minor, or incompetent it shall be appoint a suitable guardian of
his person or estate, or both, with the powers and duties hereinafter
specified.
Section 6. When and how guardian for non-resident appointed.
Notice. — When a person liable to be put under guardianship
resides without the Philippines but the estate therein, any relative or
friend of such person, or any one interested in his estate, in
expectancy or otherwise, may petition a court having jurisdiction for
the appointment of a guardian for the estate, and if, after notice
given to such person and in such manner as the court deems
proper, by publication or otherwise, and hearing, the court is
satisfied that such non-resident is a minor or incompetent rendering
a guardian necessary or convenient, it may appoint a guardian for
such estate.
Section 7. Parents as guardians. — When the property of the child
under parental authority is worth two thousand pesos or less, the
father of the mother, without the necessity of court appointment,
shall be his legal guardian. When the property of the child is worth
more than two thousand pesos, the father or the mother shall be
considered guardian of the child's property, with the duties and
obligations of guardians under this rules, and shall file the petition
required by section 2 hereof. For good reasons the court may,
however, appoint another suitable person.
Section 8. Service of judgment. — Final orders or judgments under
this rule shall be served upon the civil registrar of the municipality or
city where the minor or incompetent person resides or where his
property or part thereof is situated.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
RULE 94
Bonds of Guardians
Section 1. Bond to be given before issuance of letters. Amount.
Condition. — Before a guardian appointed enters upon the
execution of his trust, or letters of guardianship issue, he shall give a
bond, in such sum as the court directs, conditioned as follows:
(a) To make and return to the court, within three (3) months, a true
and complete inventory of all the estate, real and personal, of his
ward which shall come to his possession or knowledge of any other
person for him;
(b) To faithfully execute the duties of his trust, to manage and
dispose of the estate according to these rules for the best interests
of the ward, and to provide for the proper care, custody, and
education of the ward;
(c) To render a true and just account of all the estate of the ward in
his hands, and of all proceeds or interest derived therefrom, and of
the management and disposition of the same, at the time designated
by these rules and such other times as the courts directs, and at the
expiration of his trust to settle his accounts with the court and deliver
and pay over all the estate, effects, and moneys remaining in his
hands, or due from him on such settlement, to the person lawfully
entitled thereto;
(d) To perform all orders of the court by him to be performed.
Section 2. When new bond may be required and old sureties
discharged. — Whenever it is deemed necessary, the court may
require a new bond to be given by the guardian, and may discharge
the sureties on the old bond from further liability, after due notice to
interested persons, when no injury can result therefrom to those
interested in the estate.
Section 3. Bonds to be filed. Actions thereon. — Every bond given
by a guardian shall be filed in the office of the clerk of the court, and,
in case of the breach of a condition thereof, may be prosecuted in
the same proceeding or in a separate action for the use and benefit
of the ward or of any other person legally interested in the estate.
RULE 95
Selling and Encumbering Property of Ward
Section 1. Petition of guardian for leave to sell or encumber estate.
— When the income of the estate under guardianship is insufficient
to maintain the ward and his family, or to maintain and educate the
ward when a minor, or when it appears that it is for the benefit of the
ward that his real estate or some part thereof be sold, or mortgaged
or otherwise encumbered, and the proceeds thereof put out at
interest, or invested in some productive security, or in the
improvement or security or other real estate of the ward, the
guardian may present a verified petition to the court by which he was
appointed setting forth such facts, and praying that an order issue
authorizing the sale or encumbrance.
Section 2. Order to show cause thereupon. — If it seems probable
that such sale or encumbrance is necessary, or would be beneficial
to the ward, the court shall make an order directing the next of kin of
the ward, and all persons interested in the estate, to appear at a
reasonable time and place therein specified to show cause why the
prayer of the petition should not be granted.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 2
Section 3. Hearing on return of order. Costs. — At the time and
place designated in the order to show cause, the court shall hear the
proofs and allegations of the petitioner and next of kin, and other
persons interested, together with their witnesses, and grant and
refuse the prayer of the petition as the best interest of the ward
require. The court shall make such order as to cost of the hearing as
may be just.
Section 4. Contents of order for sale or encumbrance, and how long
effective. Bond. — If, after full examination, it appears that it is
necessary, or would be beneficial to the ward, to sell or encumber
the estate, or some portion of it, the court shall order such sale or
encumbrance and that the proceeds thereof be expended for the
maintenance of the ward and his family, or the education of the
ward, if a minor, or for the putting of the same interest, or the
investment of the same as the circumstances may require. The
order shall specify the causes why the sale or encumbrance is
necessary or beneficial, and may direct that estate ordered sold be
disposed of at either public or private sale, subject to such
conditions as to the time and manner of payment, and security
where a part of the payment is deferred as in the discretion of the
court are deemed most beneficial to the ward. The original bond of
the guardian shall stand as security for the proper appropriation of
the proceeds of the sale, but the judge may, if deemed expedient,
require an additional bond as a condition for the granting of the order
of sale. No order of sale granted in pursuance of this section shall
continue in force more than one (1) year after granting the same,
without a sale being had.
Section 5. Court may order investment of proceeds and direct
management of estate. — The court may authorize and require the
guardian to invest the proceeds of sales or encumbrances, and any
other of his ward's money in his hands, in real estate or otherwise,
as shall be for the best interest of all concerned, and may make
such other orders for the management, investment, and disposition
of the estate and effects, as circumstances may require.
RULE 96
General Powers and Duties of Guardians
Section 1. To what guardianship shall extend. — A guardian
appointed shall have the care and custody of the person of his ward,
and the management of his estate, or the manangement of the
estate only, as the case may be. The guardian of the estate of a
non-resident shall have the management of all the estate of the ward
within the Philippines, and no court other than that in which such
guardian was appointed shall have jurisdiction over the
guardianship.
Section 2. Guardian to pay debts of ward. — Every guardian must
pay the ward's just debts out of his personal estate and the income
of his real estate, if sufficient; if not, then out of his real estate upon
obtaining an order for the sale or encumbrance thereof.
Section 3. Guardian to settle accounts, collect debts, and appear in
actions for ward. — A guardian must settle all accounts of his ward,
and demand, sue for, and receive all debts due him, or may, with the
approval of the court, compound for the same and give discharges
to the debtor, on receiving a fair and just dividend of the estate and
effects; and he shall appear for and represent his ward in all actions
and special proceedings, unless another person be appointed for
that purpose.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 4. Estate to be managed frugally, and proceeds applied to
maintenance of ward. — A guardian must manage the estate of his
ward frugally and without the waste, and apply the income and
profits thereof, so far as may be necessary, to the comfortable and
suitable maintenance of the ward and his family, if there be any; and
if such income and profits be insufficient for that purpose, the
guardian may sell or encumber the real estate, upon being
authorized by order so to do, and apply to such of the proceeds as
may be necessary to such maintenance.
Section 5. Guardian may be authorized to join in partition
proceedings after hearing. — The court may authorized the guardian
to join in an assent to a partition of real or personal estate held by
the ward jointly or in common with others, but such authority shall
only be granted after hearing, upon such notice to relatives of the
ward as the court may direct, and a careful investigation as to the
necessity and propriety of the proposed action.
Section 6. Proceedings when the person suspected of embezzling
or concealing property of ward. — Upon complaint of the guardian or
ward, or of any person having actual or prospective interest in the
estate of the ward as creditor, heir, or otherwise, that anyone is
suspected of having embezzled, concealed, or conveyed away any
money, goods, or interest, or a written instrument, belonging to the
ward or his estate, the court may cite the suspected person to
appear for examination touching such money, goods, interest, or
instrument, and make such orders as will secure the estate against
such embezzlement, concealment or conveyance.
Section 7. Inventories and accounts of guardians, and
appraisement of estates. — A guardian must render to the court an
inventory of the estate of his ward within three (3) months after his
appointment, and annually after such appointment an inventory and
account, the rendition of any of which may be compelled upon the
application of an interested person. Such inventories and accounts
shall be sworn to by the guardian. All the estate of the ward
described in the first inventory shall be appraised. In the
appraisement the court may request the assistance of one or more
of the inheritance tax appraisers. And whenever any property of the
ward not included in an inventory already rendered is discovered, or
suceeded to, or acquired by the ward, like proceedings shall be had
for securing an inventory and appraisement thereof within three (3)
months after such discovery, succession, or acquisition.
Section 8. When guardian's accounts presented for settlement.
Expenses and compensation allowed. — Upon the expiration of a
year from the time of his appointment, and as often thereafter as
may be required, a guardian must present his account to the court
for settlement and allowance. In the settlement of the account, the
guardian, other than a parent, shall be allowed the amount of his
reasonable expenses incurred in the execution of his trust and also
such compensation for his services as the court deems just, not
exceeding fifteen per centum of the net income of the ward.
RULE 97
Termination of Guardianship
Section 1. Petition that competency of ward be adjudged, and
proceedings thereupon. — A person who has been declared
incompetent for any reason, or his guardian, relative, or friend, may
petition the court to have his present competency judicially
determined. The petition shall be verified by oath, and shall state
that such person is then competent. Upon receiving the petition, the
court shall fix a time for hearing the questions raised thereby, and
cause reasonable notice thereof to be given to the guardian of the
person so declared incompetent, and to the ward. On the trial, the
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 3
guardian or relatives of the ward, and, in the discretion of the court,
any other person, may contest the right to the relief demanded, and
witnesses may be called and examined by the parties or by the court
on its own motion. If it be found that the person is no longer
incompetent, his competency shall be adjudged and the
guardianship shall cease.
Section 2. When the guardian removed or allowed to resign. New
appointment. — When a guardian becomes insane or otherwise
incapable of discharging his trust or unsuitable therefor, or has
wasted or mismanaged the estate, or failed for thirty (30) days after
it is due to render an account or make a return, the court may, upon
reasonable notice to the guardian, remove him, and compel him to
surrender the estate of the ward to the person found to be lawfully
entitled thereto. A guardian may resign when it appears proper to
allow the same; and upon his resignation or removal the court may
appoint another in his place.
Section 3. Other termination of guardianship. — The marriage or
voluntary emancipation of a minor ward terminates the guardianship
of the peson of the ward, and shall enable the minor to administer
his property as though he were of age, but he cannot borrow the
money or alienate or encumber real property without the consent of
his father or mother, or guardian. He can sue and be sued in court
only with the assistance of his father, mother or guardian. The
guardian of any person may be discharged by the court when it
appears, upon the application of the ward or otherwise, that the
guardianship is no longer necessary.
Section 4. Record to be kept by the justice of the peace or
municipal judge. — When a justice of the peace or municipal court
takes cognizance of the proceedings in pursuance of the provisions
of these rules, the record of the proceedings shall be kept as in the
Court of First Instance.
Section 5. Service of judgment. — Final orders of judgments under
this rule shall be served upon the civil registrar of the municipality or
city where the minor or incompetent person resides or where his
property or part thereof is situated.
GUARDIANSHIP OVER MINORS
AM No. 03-02-05-SC
Republic of the Philippines
Supreme Court
Manila
A.M. NO. 03-02-05-SC
[MAY 01, 2003]
RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS
RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision of
the Rules of Court submitting for this Court’s consideration and
approval the Proposed Rule on Guardianship of Minors, the Court
Resolved to APPROVE the same.
The Rule shall take effect on May 1, 2003 following its publication in
a newspaper of general circulation not later than April 15, 2003.
April 1, 2003.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban,
Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Corona, Carpio-Moralez,Callejo Sr., Azcuna, JJ., concur
RULE ON GUARDIANSHIP OF MINORS
Section 1. Applicability of the Rule. – This Rule shall apply to
petitions for guardianship over the person or property, or both, of a
minor.
The father and the mother shall jointly exercise legal guardianship
over the person and property of their unemancipated common child
without the necessity of a court appointment. In such case, this Rule
shall be suppletory to the provisions of the Family Code on
guardianship.
Section 2. Who may petition for appointment of guardian. – On
grounds authorized by law, any relative or other person on behalf of
a minor, or the minor himself if fourteen years of age or over, may
petition the Family Court for the appointment of a general guardian
over the person or property, or both, of such minor. The petition may
also be filed by the Secretary of Social Welfare and Development
and by the Secretary of Health in the case of an insane minor who
needs to be hospitalized.
Section 3. Where to file petition. – A petition for guardianship over
the person or property, or both, of a minor may be filed in the Family
Court of the province or city where the minor actually resides. If he
resides in a foreign country, the petition shall be flied with the Family
Court of the province or city where his property or any part thereof is
situated.
Section 4. Grounds of petition. - The grounds for the appointment of
a guardian over the person or property, or both, of a minor are the
following:
(a) death, continued absence, or incapacity of his parents;
(b) suspension, deprivation or termination of parental authority;
(c) remarriage of his surviving parent, if the latter Is found unsuitable
to exercise parental authority; or
(d) when the best interests of the minor so require.
Section 5. Qualifications of guardians. – In appointing a guardian,
the court shall consider the guardian’s:
(a) moral character;
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor;
(e) availability to exercise the powers and duties of a guardian for
the full period of the guardianship;
(f) lack of conflict of interest with the minor; and
(g) ability to manage the property of the minor.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 4
Section 6. Who may be appointed guardian of the person or
property, or both, of a minor. – In default of parents or a court-
appointed guardian, the court may appoint a guardian of the person
or property, or both, of a minor, observing as far as practicable, the
following order of preference:
(a) the surviving grandparent and In case several grandparents
survive, the court shall select any of them taking Into account all
relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years of
age, unless unfit or disqualified;
(c) the actual custodian of the minor over twenty-one years of age,
unless unfit or disqualified; and
(d) any other person, who in the sound discretion of the court, would
serve the best interests of the minor.
Section 7. Contents of petition. – A petition for the appointment of a
general guardian must allege the following:
(a) The jurisdictional facts;
(b) The name, age and residence of the prospective ward;
(c) The ground rendering the appointment necessary or
convenient;
(d) The death of the parents of the minor or the termination,
deprivation or suspension of their parental authority;
(e) The remarriage of the minor’s surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil
degree of the minor, and of persons having him in their care and
custody;
(g) The probable value, character and location of the property of the
minor; and
(h) The name, age and residence of the person for whom letters of
guardianship are prayed.
The petition shall be verified and accompanied by a certification
against forum shopping. However, no defect in the petition or
verification shall render void the issuance of letters of guardianship.
Section 8. Time and notice of hearing. – When a petition for the
appointment of a general guardian is filed, the court shall fix a time
and place for its hearing, and shall cause reasonable notice to be
given to the persons mentioned in the petition, including the minor if
he is fourteen years of age or over, and may direct other general or
special notice to be given.
Section 9. Case study report. – The court shall order a social worker
to conduct a case study of the minor and all the prospective
guardians and submit his report and recommendation to the court for
its guidance before the scheduled hearing. The social worker may
intervene on behalf of the minor if he finds that the petition for
guardianship should be denied.
Section 10. Opposition to petition. – Any interested person may
contest the petition by filing a written opposition based on such
grounds as the majority of the minor or the unsuitability of the person
for whom letters are prayed, and pray that the petition be denied, or
that letters of guardianship issue to himself, or to any suitable
person named in the opposition.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 11. Hearing and order for letters to issue. – At the hearing
of the petition, it must be shown that the requirement of notice has
been complied with. The prospective ward shall be presented to the
court. The court shall hear the evidence of the parties in support of
their respective allegations. If warranted, the court shall appoint a
suitable guardian of the person or property, or both, of the minor.
At the discretion of the court, the hearing on guardianship may be
closed to the public and the records of the case shall not be
released without its approval.
Section 12. When and how a guardian of the property for non-
resident minor is appointed; notice. – When the minor resides
outside the Philippines but has property in the Philippines, any
relative or friend of such minor, or anyone interested in his property,
in expectancy or otherwise, may petition the Family Court for the
appointment of a guardian over the property.
Notice of hearing of the petition shall be given to the minor by
publication or any other means as the court may deem proper. The
court may dispense with the presence of the non-resident minor.
If after hearing the court is satisfied that such non-resident is a minor
and a guardian is necessary or convenient, it may appoint a
guardian over his property.
Section 13. Service of final and executory judgment or order. – The
final and executory judgment or order shall be served upon the Local
Civil Registrar of the municipality or city where the minor resides and
the Register of Deeds of the place where his property or part thereof
is situated shall annotate the same in the corresponding title, and
report to the court his compliance within fifteen days from receipt of
the order.
Section 14. Bond of guardian; amount; conditions. - Before he
enters upon the execution of his trust, or letters of guardianship
issue, an appointed guardian may be required to post a bond in such
sum as the court shall determine and conditioned as follows:
(a) To make and return to the court, within three months after the
issuance of his letters of guardianship, a true and complete
Inventory of all the property, real and personal, of his ward which
shall come to his possession or knowledge or to the possession or
knowledge of any other person in his behalf;
(b) To faithfully execute the duties of his trust, to manage and
dispose of the property according to this rule for the best interests of
the ward, and to provide for his proper care, custody and education;
(c) To render a true and Just account of all the property of the
ward in his hands, and of all proceeds or interest derived therefrom,
and of the management and disposition of the same, at the time
designated by this rule and such other times as the court directs;
and at the expiration of his trust, to settle his accounts with the court
and deliver and pay over all the property, effects, and monies
remaining in his hands, or due from him on such settlement, to the
person lawfully entitled thereto; and
(d) To perform all orders of the court and such other duties as
may be required by law.
Section 15. Where to file the bond; action thereon. – The bond
posted by a guardian shall be filed in the Family Court and, In case
of breach of any of its conditions, the guardian may be prosecuted in
the same proceeding for the benefit of the ward or of any other
person legally interested in the property.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 5
Whenever necessary, the court may require the guardian to post a
new bond and may discharge from further liability the sureties on the
old bond after due notice to interested persons, if no injury may
result therefrom to those interested in the property.
Section 16. Bond of parents as guardians of property of minor. – If
the market value of the property or the annual Income of the child
exceeds P50,000.00, the parent concerned shall furnish a bond In
such amount as the court may determine, but in no case less than
ten per centum of the value of such property or annual income, to
guarantee the performance of the obligations prescribed for general
guardians.
A verified petition for approval of the bond shall be filed in the Family
Court of the place where the child resides or, if the child resides in a
foreign country, in the Family Court of the place where the property
or any part thereof is situated.
The petition shall be docketed as a summary special proceeding In
which all incidents and issues regarding the performance of the
obligations of a general guardian shall be heard and resolved.
Section 17. General duties of guardian. – A guardian shall have the
care and custody of the person of his ward and the management of
his property, or only the management of his property. The guardian
of the property of a non-resident minor shall have the management
of all his property within the Philippines.
A guardian shall perform the following duties:
(a) To pay the just debts of the ward out of the personal property
and the income of the real property of the ward, If the same is
sufficient; otherwise, out of the real property of the ward upon
obtaining an order for its sale or encumbrance;
(b) To settle all accounts of his ward, and demand, sue for, receive
all debts due him, or may, with the approval of the court, compound
for the same and give discharges to the debtor on receiving a fair
and just dividend of the property and effects; and to appear for and
represent the ward in all actions and special proceedings, unless
another person is appointed for that purpose;
(c) To manage the property of the ward frugally and without waste,
and apply the income and profits thereon, insofar as may be
necessary, to the comfortable and suitable maintenance of the ward;
and if such income and profits be insufficient for that purpose, to sell
or encumber the real or personal property, upon being authorized by
the court to do so;
(d) To consent to a partition of real or personal property owned by
the ward jointly or in common with others upon authority granted by
the court after hearing, notice to relatives of the ward, and a careful
investigation as to the necessity and propriety of the proposed
action;
(e) To submit to the court a verified inventory of the property of his
ward within three months after his appointment, and annually
thereafter, the rendition of which may be required upon the
application of an interested person;
(f) To report to the court any property of the ward not included in the
inventory which is discovered, or succeeded to, or acquired by the
ward within three months after such discovery, succession, or
acquisition; and
(g) To render to the court for its approval an accounting of the
property one year from his appointment, and every year thereafter or
as often as may be required.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 18. Power and duty of the court – The court may:
(a) Request the assistance of one or more commissioners in the
appraisal of the property of the ward reported in the initial and
subsequent inventories;
(b) Authorize reimbursement to the guardian, other than a parent, of
reasonable expenses incurred in the execution of his trust, and allow
payment of compensation for his services as the court may deem
just, not exceeding ten per centum of the net income of the ward, if
any; otherwise, in such amount the court determines to be a
reasonable compensation for his services; and
(c) Upon complaint of the guardian or ward, or of any person having
actual or prospective interest in the property at the ward, require any
person suspected of having embezzled, concealed, or disposed of
any money, goods or interest, or a written instrument belonging to
the ward or his property to appear for examination concerning any
thereof and issue such orders as would secure the property against
such embezzlement, concealment or conveyance.
Section 19. Petition to sell or encumber property. - When the
income of a property under guardianship is insufficient to maintain
and educate the ward, or when it is for his benefit that his personal
or real property or any part thereof be sold, mortgaged or otherwise
encumbered, and the proceeds invested in safe and productive
security, or in the improvement or security of other real property, the
guardian may file a verified petition setting forth such facts, and
praying that an order issue authorizing the sale or encumbrance of
the property.
Section 20. Order to show cause. – If the sale or encumbrance is
necessary or would be beneficial to the ward, the court shall order
his next of kin and all person/s interested in the property to appear at
a reasonable time and place therein specified and show cause why
the petition should not be granted.
Section 21. Hearing on return of order; costs. – At the time and
place designated in the order to show cause, the court shall hear the
allegations and evidence of the petitioner and next of kin, and other
persons interested, together with their witnesses, and grant or deny
the petition as the best interests of the ward may require.
Section 22. Contents of order for sale or encumbrance and its
duration; bond. – If, after full examination, it is necessary, or would
be beneficial to the ward, to sell or encumber the property, or some
portion of it, the court shall order such sale or encumbrance the
proceeds of which shall be expended for the maintenance or the
education of the ward, or invested as the circumstances may
require. The order shall specify the grounds for the sale or
encumbrance and may direct that the property ordered sold be
disposed of at public sale, subject to such conditions as to the time
and manner of payment, and security where a part of the payment is
deferred. The original bond of the guardian shall stand as security
for the proper appropriation of the proceeds of the sale or
encumbrance, but the court may, if deemed expedient, require an
additional bond as a condition for the sale or encumbrance. The
authority to sell or encumber shall not extend beyond one year,
unless renewed by the court.
Section 23. Court may order investment of proceeds and direct
management of property. – The court may authorize and require the
guardian to invest the proceeds of sales or encumbrances, and any
other money of his ward in his hands, in real or personal property,
for the best interests of the ward, and may make such other orders
for the management, investment, and disposition of the property and
effects, as circumstances may warrant.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 6
Section 24. Grounds for removal or resignation of guardian. – When
a guardian becomes insane or otherwise incapable of discharging
his trust or is found thereafter to be unsuitable, or has wasted or
mismanaged the property of the ward, or has failed to render an
account or make a return for thirty days after it is due, the court may,
upon reasonable notice to the guardian, remove him as such and
require him to surrender the property of the ward to the person found
to be lawfully entitled thereto.
The court may allow the guardian to resign for justifiable causes.
Upon the removal or resignation of the guardian, the court shall
appoint a new one.
No motion for removal or resignation shall be granted unless the
guardian has submitted the proper accounting of the property of the
ward and the court has approved the same.
Section 25. Ground for termination of guardianship. – The court
motu proprio or upon verified motion of any person allowed to file a
petition for guardianship may terminate the guardianship on the
ground that the ward has come of age or has died. The guardian
shall notify the court of such fact within ten days of its occurrence.
Section 26. Service of final and executory judgment or order. – The
final and executory judgment or order shall be served upon the Local
Civil Registrar of the municipality or city where the minor resides and
the Register of Deeds of the province or city where his property or
any part thereof is situated. Both the Local Civil Registrar and’ the
Register of Deeds shall enter the final and executory judgment or
order in the appropriate books in their offices.
Section 27. Effect of the rule. – This Rule amends Rules 92 to 97
inclusive of the Rules of Court on guardianship of minors.
Guardianship of incompetents who are not minors shall continue to
be under the jurisdiction of the regular courts and governed by the
Rules of Court.
Section 28. Effectivity. - This Rule shall take effect on May 1, 2003
following its publication in a newspaper of general circulation not
later than April 15, 2003.
TRUSTEES
RULE 98
Trustees
Section 1. Where trustee appointed. — A trustee necessary to carry
into effect the provisions of a will on written instrument shall be
appointed by the Court of First Instance in which the will was
allowed, if it be a will allowed in the Philippines, otherwise by the
Court of First Instance of the province in which the property, or some
portion thereof, affected by the trust is situated.
Section 2. Appointment and powers of trustees under will. Executor
of former trustee need not administer trust. — If a testator has
omitted in his will to appoint a trustee in the Philippines, and if such
appointment is necessary to carry into effect the provisions of the
will, the proper Court of First Instance may, after notice to all
persons interested, appoint a trustee who shall have the same
rights, powers, and duties, and in whom the estate shall vest, as if
he had been appointed by the testator. No person succeeding to a
trust as executor or administrator of a former trustee shall be
required to accept such trust.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 3. Appointment and powers of new trustee under written
instrument. — When a trustee under a written instrument declines,
resigns, dies or removed before the objects of the trust are
accomplished, and no adequate provision is made in such
instrument for supplying the vacancy, the proper Court of First
Instance may, after due notice to all persons interested, appoint a
new trustee to act alone or jointly with the others, as the case may
be. Such new trustee shall have and exercise the same powers,
right, and duties as if he had been originally appointed, and the trust
estate shall vest in him in like manner as it had vested or would have
vested, in the trustee in whose place he is substituted and the court
may order such conveyance to be made by the former trustee or his
representatives, or by the other remaining trustees, as may be
necessary or proper to vest the trust estate in the new trustee, either
or jointly with the others.
Section 4. Proceedings where trustee appointed abroad. — When
land in the Philippines is held in trust for persons resident here by a
trustee who derives his authority from without the Philippines, such
trustee shall, on petition filed in the Court of First Instance of the
province where the land is situated, and after due notice to all
persons interested, be ordered to apply to the court for appointment
as trustee; and upon his neglect or refusal to comply with such
order, the court shall declare such trust vacant, and shall appoint a
new trustee in whom the trust estate shall vest in like manner as if
he had been originally appointed by such court.
Section 5. Trustee must file bond. — Before entering on the duties
of his trust, a trustee shall file with the clerk of the court having
jurisdiction of the trust a bond in the amount fixed by the judge of
said court, payable to the Government of the Philippines and
sufficient and available for the protection of any party in interest, and
a trustee who neglects to file such bond shall be considered to have
declined or resigned the trust; but the court may until further order
exempt a trustee under a will from giving a bond when the testator
has directed or requested such exemption and may so exempt any
trustee when all persons beneficially interested in the trust, being of
full age, request the exemption. Such exemption may be cancelled
by the court at any time and the trustee required to forthwith file a
bond.
Section 6. Conditions included in bond. — The following conditions
shall be deemed to be part of the bond whether written therein or
not;
(a) That the trustee will make and return to the court, at such time as
it may order, a true inventory of all the real and personal estate
belonging to him as trustee, which at the time of the making of such
inventory shall have come to his possession or knowledge;
(b) That he will manage and dispose of all such estate, and faithfully
discharge his trust in relation thereto, according to law and the will of
the testator or the provisions of the instrument or order under which
he is appointed;
(c) That he will render upon oath at least once a year until his trust is
fulfilled, unless he is excused therefrom in any year by the court, a
true account of the property in his hands and the management and
disposition thereof, and will render such other accounts as the court
may order;
(d) That at the expiration of his trust he will settle his account in court
and pay over and deliver all the estate remaining in his hands, or
due from him on such settlement, to the person or persons entitled
to thereto.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 7
But when the trustee is appointed as a successor to a prior trustee,
the court may dispense with the making and return of an inventory, if
one has already been filed, and in such case the condition of the
bond shall be deemed to be altered accordingly.
Section 7. Appraisal. Compensation of trustee. — When an
inventory is required to be returned by a trustee, the estate and
effects belonging to the trust shall be appraised and the court may
order one or more inheritance tax appraisers to assist in the
appraisement. The compensation of the trustee shall be fixed by the
court, if it be not determined in the instrument creating the trust.
Section 8. Removal or resignation of trustee. — The proper Court of
First Instance may, upon petition of the parties beneficially interested
and after due notice to the trustee and hearing, remove a trustee if
such removal appears essential in the interest of the petitioner. The
court may also, after due notice to all persons interested, remove a
trustee who is insane or otherwise incapable of discharging his trust
or evidently unsuitable therefor. A trustee, whether appointed by the
court or under a written instrument, may resign his trust if it appears
to the court proper to allow such resignation.
Section 9. Proceedings for sale or encumbrance of trust estate. —
When the sale or encumbrance of any real or personal estate held in
trust is necessary or expedient, the court having jurisdiction of the
trust may, on petition and after due notice and hearing, order such
sale or encumbrance to be made, and the re-investment and
application of the proceeds thereof in such manner as will best effect
the objects of the trust. The petition, notice, hearing, order of sale or
encumbrance, and record of proceedings, shall conform as nearly as
may be to the provisions concerning the sale or encumbrance by
guardians of the property of minors or other wards.
ADOPTION and CUSTODY OF MINORS
RULE 99
Adoption and Custody of Minors
New Rule on Adoption, effective August 22, 2002
Section 1. Venue. — A person desiring to adopt another or have the
custody of a minor shall present his petition to the Court of First
Instance of the province, or the municipal or justice of the peace
court of the city or municipality in which he resides.
In the City of Manila, the proceedings shall be instituted in the
Juvenile and Domestic Relations Court.
Section 2. Contents of petition. — The petition for adoption shall
contain the same allegations required in a petition for guardianship,
to wit:
(a) The jurisdictional facts;
(b) The qualification of the adopter;
(c) That the adopter is not disqualified by law;
(d) The name, age, and residence of the person to be adopted and
of his relatives of the persons who have him under their care;
(e) The probable value and character of the estate of the person to
be adopted.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 3. Consent of adoption. — There shall be filed with the
petition a written consent to the adoption signed by the child, if
fourteen years of age or over and not incompetent, and by the child's
spouse, if any, and by each of its known living parents who is not
insane or hopelessly intemperate or has not abandoned such child,
or if there is no such parents by the general guardian or guardian ad
litem of the child, or if the child is in the custody of an orphan
asylum, children's home, or benevolent society or person, by the
proper officer of such asylum, home, or society, or by such person;
but if the child is illegitimate and has not been recognized, the
consent of its father to the adoption shall not be required.
If the person to be adopted is of age, only his or her consent and
that of the spouse, if any, shall be required.
Section 4. Order for hearing. — If the petition and consent filed are
sufficient in form and substance, the court, by an order reciting the
purpose of the petition, shall fix a date and place for the hearing
thereof, which shall not be more than six (6) months after the entry
of the order, and shall direct that a copy of the order be published
before the hearing at least once a week for three (3) successive
weeks in some newspaper of general circulation published in the
province, as the court shall deem best.
Section 5. Hearing and judgment. — Upon satisfactory proof in
open court on the date fixed in the order that such order has been
published as directed, that the allegations of petition are true, and
that it is a proper case for adoption and the petitioner or petitioners
are able to bring up and educate the child properly, the court shall
adjudge that thenceforth the child is free from all legal obligations of
obedience and maintenance with respect to its natural parents,
except the mother when the child is adopted by her husband, and is,
to all legal intents and purposes, the child of the petitioner or
petitioners, and that its surname is changed to that the petitioner or
petitioners. The adopted person or child shall thereupon become the
legal heir of his parents by adoption and shall also remain the legal
heir of his natural parents. In case of the death of the adopted
person or child, his parents and relatives by nature, and not by
adoption, shall be his legal heirs.
Section 6. Proceedings as to the child whose parents are
separated. Appeal. — When husband and wife are divorce or living
separately and apart from each other, and the question as to the
care, custody, and control of a child or children of their marriage is
brought before a Court of First Instance by petition or as an incident
to any other proceeding, the court, upon hearing the testimony as
may be pertinent, shall award the care, custody, and control of each
such child as will be for its best interest, permitting the child to
choose which parent it prefers to live with if it be over ten years of
age, unless the parent so chosen be unfit to take charge of the child
by the reason of moral depravity, habitual drunkenness, incapacity,
or poverty. If, upon such hearing, it appears that both parents are
improper persons to have the care, custody, and control of the child,
the court may either designate the paternal or maternal grandparent
of the child, or his oldest brother or sister, or some reputable and
discreet person to take charge of such child, or commit it to any
suitable asylum, children's home, or benevolent society. The court
may in conformity with the provisions of the Civil Code order either
or both parents to support or help support said child, irrespective of
who may be its custodian, and may make any order that is just and
reasonable permitting the parent who is deprived of its care and
custody to visit the child or have temporary custody thereof. Either
parent may appeal from an order made in accordance with the
provisions of this section. No child under seven years of age shall be
separated from its mother, unless the court finds there are
compelling reasons thereof.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 8
Section 7. Proceedings as to vagrant or abused child. — When the
parents of any minor child are dead, or by reason of long absence or
legal or physical disability have abandoned it, or cannot support it
through vagrancy, negligence, or misconduct, or neglect or refuse to
support it, or treat it with excessive harshness or give it corrupting
orders, counsels, or examples, or cause or allow it to engage in
begging, or to commit offenses against the law, the proper Court of
First Instance, upon petition filed by some reputable resident of the
province setting forth the facts, may issue an order requiring such
parents to show cause, or, if the parents are dead or cannot be
found, requiring the fiscal of the province to show cause, at a time
and place fixed in the order, why the child should not be taken from
its parents, if living; and if upon the hearing it appears that the
allegations of the petition are true, and that it is order taking it from
its parents, if living; and committing it to any suitable orphan asylum,
children's home, or benevolent society or person to be ultimately
placed, by adoption or otherwise, in a home found for it by such
asylum, children's home, society, or person.
Section 8. Service of judgment. — Final orders or judgments under
this rule shall be served by the clerk upon the civil registrar of the
city or municipality wherein the court issuing the same is situated.
RULE 100
Rescission and Revocation of Adoption
Section 1. Who may file petition; grounds. — A minor or other
incapacitated person may, through a guardian or guardian ad litem,
petition for the rescission or revocation of his or her adoption for the
same causes that authorize the deprivation of parental authority.
The adopter may, likewise, petition the court for the rescission of
revocation of the adoption in any of these cases:
(a) If the adopted person has attempted against the file of the
adopter;
(b) When the adopted minor has abandoned the home of the
adopter for more than three (3) years;
(c) When by other acts the adopted person has repudiated the
adoption.
Section 2. Order to answer. — The court in which the petition is filed
shall issue an order requiring the adverse party to answer the
petition within fifteen (15) days from receipt of a copy thereof. The
order and a copy of the petition shall be served on the adverse party
in such manner as the court may direct
Section 3. Judgment. — If upon trial, on the day set therefor, the
court finds that the allegations of the petition are true, it shall render
judgment ordering the rescission or revocation of the adoption, with
or without costs, as justice requires.
Section 4. Service of Judgment. — A certified copy of the judgment
rendered in accordance with the next preceding section shall be
served upon the civil registrar concerned, within thirty (30) days from
rendition thereof, who shall forthwith enter the action taken by the
court in the register.
Section 5. Time within which to file petition. — A minor or other
incapacitated person must file the petition for rescission or
revocation of adoption within the five (5) years following his majority,
or if he was incompetent at the time of the adoption, within the five
(5) years following the recovery from such incompetency.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
The adopter must also file the petition to set aside the adoption
within five (5) years from the time the cause or causes giving rise to
the rescission or revocation of the same took place.
RULE ON ADOPTION
AM No. 02-06-02-SC
A. DOMESTIC ADOPTION
Section 1. Applicability of the Rule. – This Rule covers the domestic
adoption of Filipino children.
Section 2. Objectives. – (a) The best interests of the child shall be
the paramount consideration in all matters relating to his care,
custody and adoption, in accordance with Philippine laws, the United
Nations (UN) Convention on the Rights of the Child, UN Declaration
on Social and Legal Principles Relating to the Protection and
Welfare of Children with Special Reference to Foster Placement and
Adoption, Nationally and Internationally, and the Hague Convention
on the Protection of Children and Cooperation in Respect of Inter-
country Adoption.
(b) The State shall provide alternative protection and assistance
through foster care or adoption for every child who is a foundling,
neglected, orphaned, or abandoned. To this end, the State shall:
(i) ensure that every child remains under the care and custody of his
parents and is provided with love, care, understanding and security
for the full and harmonious development of his personality. Only
when such efforts prove insufficient and no appropriate placement or
adoption within the child’s extended family is available shall adoption
by an unrelated person be considered.
(ii) safeguard the biological parents from making hasty decisions in
relinquishing their parental authority over their child;
(iii) prevent the child from unnecessary separation from his biological
parents;
(iv) conduct public information and educational campaigns to
promote a positive environment for adoption;
(v) ensure that government and private sector agencies have the
capacity to handle adoption inquiries, process domestic adoption
applications and offer adoption-related services including, but not
limited to, parent preparation and post-adoption education and
counseling;
(vi) encourage domestic adoption so as to preserve the child’s
identity and culture in his native land, and only when this is not
available shall inter-country adoption be considered as a last resort;
and
(vii) protect adoptive parents from attempts to disturb their parental
authority and custody over their adopted child.
Any voluntary or involuntary termination of parental authority shall be
administratively or judicially declared so as to establish the status of
the child as “legally available for adoption” and his custody
transferred to the Department of Social Welfare and Development or
to any duly licensed and accredited child-placing or child-caring
agency, which entity shall be authorized to take steps for the
permanent placement of the child.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 9
Section 3. Definition of Terms. – For purposes of this Rule:
(a) “Child” is a person below eighteen (18) years of age at the time
of the filing of the petition for adoption.
(b) “A child legally available for adoption” refers to a child who has
been voluntarily or involuntarily committed to the Department or to a
duly licensed and accredited child-placing or child-caring agency,
freed of the parental authority of his biological parents, or in case of
rescission of adoption, his guardian or adopter(s).
(c) “Voluntarily committed child” is one whose parents knowingly and
willingly relinquish parental authority over him in favor of the
Department.
(d) “Involuntarily committed child” is one whose parents, known or
unknown, have been permanently and judicially deprived of parental
authority over him due to abandonment; substantial, continuous or
repeated neglect and abuse; or incompetence to discharge parental
responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant or child
whose parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar institution with
unknown facts of birth and parentage and registered in the Civil
Register as a “foundling.”
(f) “Abandoned child” refers to one who has no proper parental care
or guardianship or whose parents have deserted him for a period of
at least six (6) continuous months and has been judicially declared
as such.
(g) “Dependent child” refers to one who is without a parent, guardian
or custodian or one whose parents, guardian or other custodian for
good cause desires to be relieved of his care and custody and is
dependent upon the public for support.
(h) “Neglected child” is one whose basic needs have been
deliberately not attended to or inadequately attended to, physically
or emotionally, by his parents or guardian.
(i) “Physical neglect” occurs when the child is malnourished, ill-clad
and without proper shelter.
(j) “Emotional neglect” exists when a child is raped, seduced,
maltreated, exploited, overworked or made to work under conditions
not conducive to good health or made to beg in the streets or public
places, or placed in moral danger, or exposed to drugs, alcohol,
gambling, prostitution and other vices.
(k) “Child-placement agency” refers to an agency duly licensed and
accredited by the Department to provide comprehensive child
welfare services including, but not limited to, receiving applications
for adoption, evaluating the prospective adoptive parents and
preparing the adoption home study report.
(l) “Child-caring agency” refers to an agency duly licensed and
accredited by the Department that provides 24-hour residential care
services for abandoned, orphaned, neglected or voluntarily
committed children.
(m) “Department” refers to the Department of Social Welfare and
Development.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(n) “Deed of Voluntary Commitment” refers to the written and
notarized instrument relinquishing parental authority and committing
the child to the care and custody of the Department executed by the
child’s biological parents or in their absence, mental incapacity or
death, by the child’s legal guardian, to be witnessed by an
authorized representative of the Department after counseling and
other services have been made available to encourage the biological
parents to keep the child.
(o) “Child Study Report” refers to a study made by the court social
worker of the child’s legal status, placement history, psychological,
social, spiritual, medical, ethno-cultural background and that of his
biological family needed in determining the most appropriate
placement for him.
(p) “Home Study Report” refers to a study made by the court social
worker of the motivation and capacity of the prospective adoptive
parents to provide a home that meets the needs of a child.
(q) “Supervised trial custody” refers to the period of time during
which a social worker oversees the adjustment and emotional
readiness of both adopters and adoptee in stabilizing their filial
relationship.
(r) “Licensed Social Worker” refers to one who possesses a degree
in bachelor of science in social work as a minimum educational
requirement and who has passed the government licensure
examination for social workers as required by Republic Act No.
4373.
(s) “Simulation of birth” is the tampering of the civil registry to make it
appear in the birth records that a certain child was born to a person
who is not his biological mother, thus causing such child to lose his
true identity and status.
(t) “Biological Parents” refer to the child’s mother and father by
nature.
(u) “Pre-Adoption Services” refer to psycho-social services provided
by professionally-trained social workers of the Department, the
social services units of local governments, private and government
health facilities, Family Courts, licensed and accredited child-caring
and child-placement agencies and other individuals or entities
involved in adoption as authorized by the Department.
(v) “Residence” means a person’s actual stay in the Philippines for
three (3) continuous years immediately prior to the filing of a petition
for adoption and which is maintained until the adoption decree is
entered. Temporary absences for professional, business, health, or
emergency reasons not exceeding sixty (60) days in one (1) year
does not break the continuity requirement.
(w) “Alien” refers to any person, not a Filipino citizen, who enters
and remains in the Philippines and is in possession of a valid
passport or travel documents and visa.
Section 4. Who may adopt. – The following may adopt:
(1) Any Filipino citizen of legal age, in possession of full civil capacity
and legal rights, of good moral character, has not been convicted of
any crime involving moral turpitude; who is emotionally and
psychologically capable of caring for children, at least sixteen (16)
years older than the adoptee, and who is in a position to support and
care for his children in keeping with the means of the family. The
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 10
requirement of a 16-year difference between the age of the adopter
and adoptee may be waived when the adopter is the biological
parent of the adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as above-stated for
Filipino nationals: Provided, That his country has diplomatic relations
with the Republic of the Philippines, that he has been living in the
Philippines for at least three (3) continuous years prior to the filing of
the petition for adoption and maintains such residence until the
adoption decree is entered, that he has been certified by his
diplomatic or consular office or any appropriate government agency
to have the legal capacity to adopt in his country, and that his
government allows the adoptee to enter his country as his adopted
child. Provided, further, That the requirements on residency and
certification of the alien’s qualification to adopt in his country may be
waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th) degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of his Filipino spouse;
or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly
with his spouse a relative within the fourth (4th) degree of
consanguinity or affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the termination of the
guardianship and clearance of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate child of one spouse by
the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate child: Provided,
however, That the other spouse has signified his consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the
illegitimate child of the other, joint parental authority shall be
exercised by the spouses.
Section 5. Who may be adopted. – The following may be adopted:
(1) Any person below eighteen (18) years of age who has been
voluntarily committed to the Department under Articles 154, 155 and
156 of P.D. No. 603 or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other spouse;
(3) An illegitimate child, by a qualified adopter to raise the status of
the former to that of legitimacy;
(4) A person of legal age regardless of civil status, if, prior to the
adoption, said person has been consistently considered and treated
by the adopters as their own child since minority;
(5) A child whose adoption has been previously rescinded; or

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(6) A child whose biological or adoptive parents have died: Provided,
That no proceedings shall be initiated within six (6) months from the
time of death of said parents.
(7) A child not otherwise disqualified by law or these rules.
Section 6. Venue. – The petition for adoption shall be filed with the
Family Court of the province or city where the prospective adoptive
parents reside.
Section 7. Contents of the Petition. – The petition shall be verified
and specifically state at the heading of the initiatory pleading
whether the petition contains an application for change of name,
rectification of simulated birth, voluntary or involuntary commitment
of children, or declaration of child as abandoned, dependent or
neglected.
1) If the adopter is a Filipino citizen, the petition shall allege the
following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession of full civil
capacity and legal rights; is of good moral character; has not been
convicted of any crime involving moral turpitude; is emotionally and
psychologically capable of caring for children; is at least sixteen (16)
years older than the adoptee, unless the adopter is the biological
parent of the adoptee or is the spouse of the adoptee’s parent; and
is in a position to support and care for his children in keeping with
the means of the family and has undergone pre-adoption services as
required by Section 4 of Republic Act No. 8552.
2) If the adopter is an alien, the petition shall allege the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with the Republic of the
Philippines;
(d) That he has been certified by his diplomatic or consular office or
any appropriate government agency to have the legal capacity to
adopt in his country and his government allows the adoptee to enter
his country as his adopted child and reside there permanently as an
adopted child; and
(e) That he has been living in the Philippines for at least three (3)
continuous years prior to the filing of the petition and he maintains
such residence until the adoption decree is entered.
The requirements of certification of the alien’s qualification to adopt
in his country and of residency may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a relative within the
fourth degree of consanguinity or affinity; or
(ii) seeks to adopt the legitimate child of his Filipino spouse; or
(iii) is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the fourth degree of consanguinity or affinity
of the Filipino spouse.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 11
3) If the adopter is the legal guardian of the adoptee, the petition
shall allege that guardianship had been terminated and the guardian
had cleared his financial accountabilities.
4) If the adopter is married, the spouse shall be a co-petitioner for
joint adoption except if:
(a) one spouse seeks to adopt the legitimate child of the other, or
(b) if one spouse seeks to adopt his own illegitimate child and the
other spouse signified written consent thereto, or
(c) if the spouses are legally separated from each other.
5) If the adoptee is a foundling, the petition shall allege the entries
which should appear in his birth certificate, such as name of child,
date of birth, place of birth, if known; sex, name and citizenship of
adoptive mother and father, and the date and place of their
marriage.
6) If the petition prays for a change of name, it shall also state the
cause or reason for the change of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and residence of the
adoptee as shown by his record of birth, baptismal or foundling
certificate and school records.
(b) That the adoptee is not disqualified by law to be adopted.
(c) The probable value and character of the estate of the adoptee.
(d) The first name, surname or names by which the adoptee is to be
known and registered in the Civil Registry.
A certification of non-forum shopping shall be included pursuant to
Section 5, Rule 7 of the 1997 Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth. – In case the petition
also seeks rectification of a simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a simulated birth;
(b) The simulation of birth was made prior to the date of effectivity of
Republic Act No. 8552 and the application for rectification of the birth
registration and the petition for adoption were filed within five years
from said date;
(c) The petitioner made the simulation of birth for the best interests
of the adoptee; and
(d) The adoptee has been consistently considered and treated by
petitioner as his own child.
Section 9. Adoption of a foundling, an abandoned, dependent or
neglected child. – In case the adoptee is a foundling, an abandoned,
dependent or neglected child, the petition shall allege:
(a) The facts showing that the child is a foundling, abandoned,
dependent or neglected;

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(b) The names of the parents, if known, and their residence. If the
child has no known or living parents, then the name and residence
of the guardian, if any;
(c) The name of the duly licensed child-placement agency or
individual under whose care the child is in custody; and
(d) That the Department, child-placement or child-caring agency is
authorized to give its consent.
Section 10. Change of name. – In case the petition also prays for
change of name, the title or caption must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has been known; and
(c) The full name by which the child is to be known.
Section 11. Annexes to the Petition. – The following documents
shall be attached to the petition:
A. Birth, baptismal or foundling certificate, as the case may be, and
school records showing the name, age and residence of the
adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian,
or the child-placement agency, child-caring agency, or the proper
government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the
adoptee, if any, who are ten (10) years of age or over;
4. The illegitimate children of the adopter living with him who are ten
(10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his biological parents;
D. If the petitioner is an alien, certification by his diplomatic or
consular office or any appropriate government agency that he has
the legal capacity to adopt in his country and that his government
allows the adoptee to enter his country as his own adopted child
unless exempted under Section 4(2);
E. Home study report on the adopters. If the adopter is an alien or
residing abroad but qualified to adopt, the home study report by a
foreign adoption agency duly accredited by the Inter-Country
Adoption Board; and
F. Decree of annulment, nullity or legal separation of the adopter as
well as that of the biological parents of the adoptee, if any.
Section 12. Order of Hearing. – If the petition and attachments are
sufficient in form and substance, the court shall issue an order which
shall contain the following:
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 12
(1) the registered name of the adoptee in the birth certificate and the
names by which the adoptee has been known which shall be stated
in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use if the petition is
granted;
(4) the date and place of hearing which shall be set within six (6)
months from the date of the issuance of the order and shall direct
that a copy thereof be published before the date of hearing at least
once a week for three successive weeks in a newspaper of general
circulation in the province or city where the court is situated;
Provided, that in case of application for change of name, the date
set for hearing shall not be within four (4) months after the last
publication of the notice nor within thirty (30) days prior to an
election.
The newspaper shall be selected by raffle under the supervision of
the Executive Judge.
(5) a directive to the social worker of the court, the social service
office of the local government unit or any child-placing or child-caring
agency, or the Department to prepare and submit child and home
study reports before the hearing if such reports had not been
attached to the petition due to unavailability at the time of the filing of
the latter; and
(6) a directive to the social worker of the court to conduct counseling
sessions with the biological parents on the matter of adoption of the
adoptee and submit her report before the date of hearing.
At the discretion of the court, copies of the order of hearing shall
also be furnished the Office of the Solicitor General through the
provincial or city prosecutor, the Department and the biological
parents of the adoptee, if known.
If a change in the name of the adoptee is prayed for in the petition,
notice to the Solicitor General shall be mandatory.
Section 13. Child and Home Study Reports. – In preparing the child
study report on the adoptee, the concerned social worker shall verify
with the Civil Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not registered with the Civil
Registry, it shall be the responsibility of the social worker to register
the adoptee and secure a certificate of foundling or late registration,
as the case may be.
The social worker shall establish that the child is legally available for
adoption and the documents in support thereof are valid and
authentic, that the adopter has sincere intentions and that the
adoption shall inure to the best interests of the child.
In case the adopter is an alien, the home study report must show the
legal capacity to adopt and that his government allows the adoptee
to enter his country as his adopted child in the absence of the
certification required under Section 7(b) of Republic Act No. 8552.
If after the conduct of the case studies, the social worker finds that
there are grounds to deny the petition, he shall make the proper
recommendation to the court, furnishing a copy thereof to the
petitioner.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 14. Hearing. – Upon satisfactory proof that the order of
hearing has been published and jurisdictional requirements have
been complied with, the court shall proceed to hear the petition. The
petitioner and the adoptee must personally appear and the former
must testify before the presiding judge of the court on the date set
for hearing.
The court shall verify from the social worker and determine whether
the biological parent has been properly counseled against making
hasty decisions caused by strain or anxiety to give up the child;
ensure that all measures to strengthen the family have been
exhausted; and ascertain if any prolonged stay of the child in his
own home will be inimical to his welfare and interest.
Section 15. Supervised Trial Custody. – Before issuance of the
decree of adoption, the court shall give the adopter trial custody of
the adoptee for a period of at least six (6) months within which the
parties are expected to adjust psychologically and emotionally to
each other and establish a bonding relationship. The trial custody
shall be monitored by the social worker of the court, the Department,
or the social service of the local government unit, or the child-
placement or child-caring agency which submitted and prepared the
case studies. During said period, temporary parental authority shall
be vested in the adopter.
The court may, motu proprio or upon motion of any party, reduce the
period or exempt the parties if it finds that the same shall be for the
best interests of the adoptee, stating the reasons therefor.
An alien adopter however must complete the 6-month trial custody
except the following:
a) a former Filipino citizen who seeks to adopt a relative within the
fourth (4th) degree of consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his Filipino spouse;
or
c) one who is married to a Filipino citizen and seeks to adopt jointly
with his or her spouse the latter’s relative within the fourth (4th)
degree of consanguinity or affinity.
If the child is below seven (7) years of age and is placed with the
prospective adopter through a pre-adoption placement authority
issued by the Department, the court shall order that the prospective
adopter shall enjoy all the benefits to which the biological parent is
entitled from the date the adoptee is placed with him.
The social worker shall submit to the court a report on the result of
the trial custody within two weeks after its termination.
Section 16. Decree of Adoption. – If the supervised trial custody is
satisfactory to the parties and the court is convinced from the trial
custody report and the evidence adduced that the adoption shall
redound to the best interests of the adoptee, a decree of adoption
shall be issued which shall take effect as of the date the original
petition was filed even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known and registered;
B. Order:
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 13
1) the Clerk of Court to issue to the adopter a certificate of finality
upon expiration of the 15-day reglementary period within which to
appeal;
2) the adopter to submit a certified true copy of the decree of
adoption and the certificate of finality to the Civil Registrar where the
child was originally registered within thirty (30) days from receipt of
the certificate of finality. In case of change of name, the decree shall
be submitted to the Civil Registrar where the court issuing the same
is situated.
3) the Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree
of adoption within thirty (30) days from receipt of the certificate of
finality;
b. to issue a certificate of birth which shall not bear any notation that
it is a new or amended certificate and which shall show, among
others, the following: registry number, date of registration, name of
child, sex, date of birth, place of birth, name and citizenship of
adoptive mother and father, and the date and place of their
marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records
which can be opened only upon order of the court which issued the
decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of
compliance with all the foregoing within thirty days from receipt of
the decree.
If the adoptee is a foundling, the court shall order the Civil Registrar
where the foundling was registered, to annotate the decree of
adoption on the foundling certificate and a new birth certificate shall
be ordered prepared by the Civil Registrar in accordance with the
decree.
Section 17. Book of Adoptions. – The Clerk of Court shall keep a
book of adoptions showing the date of issuance of the decree in
each case, compliance by the Civil Registrar with Section 16(B)(3)
and all incidents arising after the issuance of the decree.
Section 18. Confidential Nature of Proceedings and Records. – All
hearings in adoption cases, after compliance with the jurisdictional
requirements shall be confidential and shall not be open to the
public. All records, books and papers relating to the adoption cases
in the files of the court, the Department, or any other agency or
institution participating in the adoption proceedings shall be kept
strictly confidential.
If the court finds that the disclosure of the information to a third
person is necessary for security reasons or for purposes connected
with or arising out of the adoption and will be for the best interests of
the adoptee, the court may, upon proper motion, order the
necessary information to be released, restricting the purposes for
which it may be used.
Section 19. Rescission of Adoption of the Adoptee. – The petition
shall be verified and filed by the adoptee who is over eighteen (18)
years of age, or with the assistance of the Department, if he is a
minor, or if he is over eighteen (18) years of age but is incapacitated,
by his guardian or counsel.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
The adoption may be rescinded based on any of the following
grounds committed by the adopter:
1) repeated physical and verbal maltreatment by the adopter despite
having undergone counseling;
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental obligations.
Adoption, being in the best interests of the child, shall not be subject
to rescission by the adopter. However, the adopter may disinherit
the adoptee for causes provided in Article 919 of the Civil Code.
Section 20. Venue. – The petition shall be filed with the Family
Court of the city or province where the adoptee resides.
Section 21. Time within which to file petition. – The adoptee, if
incapacitated, must file the petition for rescission or revocation of
adoption within five (5) years after he reaches the age of majority, or
if he was incompetent at the time of the adoption, within five (5)
years after recovery from such incompetency.
Section 22. Order to Answer. – The court shall issue an order
requiring the adverse party to answer the petition within fifteen (15)
days from receipt of a copy thereof. The order and copy of the
petition shall be served on the adverse party in such manner as the
court may direct.
Section 23. Judgment. – If the court finds that the allegations of the
petition are true, it shall render judgment ordering the rescission of
adoption, with or without costs, as justice requires.
The court shall order that the parental authority of the biological
parent of the adoptee, if known, or the legal custody of the
Department shall be restored if the adoptee is still a minor or
incapacitated and declare that the reciprocal rights and obligations
of the adopter and the adoptee to each other shall be extinguished.
The court shall further declare that successional rights shall revert to
its status prior to adoption, as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission shall be
respected.
It shall also order the adoptee to use the name stated in his original
birth or foundling certificate.
The court shall further order the Civil Registrar where the adoption
decree was registered to cancel the new birth certificate of the
adoptee and reinstate his original birth or foundling certificate.
Section 24. Service of Judgment. – A certified true copy of the
judgment together with a certificate of finality issued by the Branch
Clerk of the Court which rendered the decision in accordance with
the preceding Section shall be served by the petitioner upon the Civil
Registrar concerned within thirty (30) days from receipt of the
certificate of finality. The Civil Registrar shall forthwith enter the
rescission decree in the register and submit proof of compliance to
the court issuing the decree and the Clerk of Court within thirty (30)
days from receipt of the decree.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 14
The Clerk of Court shall enter the compliance in accordance with
Section 17 hereof.
Section 25. Repeal. - This supersedes Rule 99 on Adoption and
Rule 100 of the Rules of Court.
B. INTER-COUNTRY ADOPTION
Section 26. Applicability. – The following sections apply to inter-
country adoption of Filipino children by foreign nationals and Filipino
citizens permanently residing abroad.
Section 27. Objectives. – The State shall:
a) consider inter-country adoption as an alternative means of child
care, if the child cannot be placed in a foster or an adoptive family or
cannot, in any suitable manner, be cared for in the Philippines;
b) ensure that the child subject of inter-country adoption enjoys the
same protection accorded to children in domestic adoption; and
c) take all measures to ensure that the placement arising therefrom
does not result in improper financial gain for those involved.
Section 28. Where to File Petition. – A verified petition to adopt a
Filipino child may be filed by a foreign national or Filipino citizen
permanently residing abroad with the Family Court having
jurisdiction over the place where the child resides or may be found.
It may be filed directly with the Inter-Country Adoption Board.
Section 29. Who may be adopted. – Only a child legally available
for domestic adoption may be the subject of inter-country adoption.
Section 30. Contents of Petition. – The petitioner must allege:
a) his age and the age of the child to be adopted, showing that he is
at least twenty-seven (27) years of age and at least sixteen (16)
years older than the child to be adopted at the time of application,
unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age
difference does not apply;
b) if married, the name of the spouse who must be joined as co-
petitioner except when the adoptee is a legitimate child of his
spouse;
c) that he has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws, and has
undergone the appropriate counseling from an accredited counselor
in his country;
d) that he has not been convicted of a crime involving moral
turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support and instill the
necessary moral values and example to all his children, including the
child to be adopted;

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
g) that he agrees to uphold the basic rights of the child, as embodied
under Philippine laws and the U. N. Convention on the Rights of the
Child, and to abide by the rules and regulations issued to implement
the provisions of Republic Act No. 8043;
h) that he comes from a country with which the Philippines has
diplomatic relations and whose government maintains a similarly
authorized and accredited agency and that adoption of a Filipino
child is allowed under his national laws; and
i) that he possesses all the qualifications and none of the
disqualifications provided in this Rule, in Republic Act No. 8043 and
in all other applicable Philippine laws.
Section 31. Annexes. - The petition for adoption shall contain the
following annexes written and officially translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable, the divorce
decree, or judgment dissolving the marriage;
c) Sworn statement of consent of petitioner’s biological or adopted
children above ten (10) years of age;
d) Physical, medical and psychological evaluation of the petitioner
certified by a duly licensed physician and psychologist;
e) Income tax returns or any authentic document showing the
current financial capability of the petitioner;
f) Police clearance of petitioner issued within six (6) months before
the filing of the petitioner;
g) Character reference from the local church/minister, the
petitioner’s employer and a member of the immediate community
who have known the petitioner for at least five (5) years;
h) Full body postcard-size pictures of the petitioner and his
immediate family taken at least six (6) months before the filing of the
petition.
Section 32. Duty of Court. – The court, after finding that the petition
is sufficient in form and substance and a proper case for inter-
country adoption, shall immediately transmit the petition to the Inter-
Country Adoption Board for appropriate action.
Section 33. Effectivity. - This Rule shall take effect on August 22,
2002 following its publication in a newspaper of general circulation.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 15
RULE ON COMMITMENT OF CHILDREN
A.M. No. 02-1-19-SC
Republic of the Philippines
SUPREME COURT
Manila
A.M. NO. 02-1-19-SC
RE: PROPOSED RULE ON COMMITMENT OF CHILDREN
Acting on the letter of the chairman of the committee on revision of
the rules of court submitting for this court’s consideration and
approval the proposed rule on commitment of children, the court
resolved to approve the same.
The rule shall take effect on April 15, 2002 following its publication in
a newspaper of general circulation not later than March 15, 2002.
February 28, 2002.
RULE ON THE COMMITMENT OF CHILDREN
Section 1. Objective. -The objective of this Rule is to ensure that
every effort is exerted to promote the child’s welfare and enhance
his opportunities for a useful and happy life, Toward this end, this
Rule seeks to protect the child from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to his
development.
Section 2. Interpretation. -The best interests of the child shall be the
paramount consideration in all actions concerning him, whether
undertaken by public or private social welfare institutions, courts of
law, administrative authorities and legislative bodies consistent with
the United Nations Convention on the Rights of the Child,
Section 3. Definition of Terms. –
(a) “Child” is a person below eighteen years of age.
(b) “Department” refers to the Department of Social Welfare and
Development,
(c) “Dependent child” is one who is without a parent, guardian or
custodian, or one whose parents, guardian or other custodian for
good cause desires to be relieved of his care and custody, and is
dependent upon the public for support.
(d) “Abandoned child” is one who has no proper parental care or
guardianship, or whose parents or guardian has deserted him for a
period of at least six (5) continuous months.
(e) “Neglected child” is one whose basic needs have been
deliberately unattended to or inadequately attended to, physically or
emotionally, by his parents or guardian.
(f) “Physical neglect” occurs when the child is malnourished, ill-clad
and without proper shelter.
(g) “Emotional neglect” occurs when a child is raped, seduced, mal-
treated, exploited, overworked or made to work under conditions not
conducive to good health; made to beg in the streets or public
places, or when placed in moral danger, or exposed to drugs,
alcohol, gambling, prostitution and other vices.
(h) “Disabled child” includes mentally retarded, physically
handicapped, emotionally disturbed and mentally ill children,
children with cerebral palsy and those with similar afflictions.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(i) “Mentally retarded child” is one who is (1) socially incompetent,
that is, socially inadequate, occupational^ incompetent and unable to
manage his own affairs; (2) mentally subnormal; (3) intellectually
retarded from birth or early age; (4) retarded at maturity; (5) mentally
deficient as a result of constitutional origin through heredity or
diseases or (6) essentially incurable.
(j) “Physically handicapped child” is one who is crippled, deaf-mute,
blind, or otherwise suffers from a defect which restricts his means of
action or communication with others.
(k) “Emotionally disturbed child” is one who, although not afflicted
with insanity or mental defect, is unable to maintain normal social
relations with others and the community in general due to emotional
problems or complexes.
(I) “Mentally ill child” is one with any behavioral disorder, whether
functional or organic, which is of such a degree of severity as to
require professional help or hospitalization.
(m) “Commitment” or “surrender of a child” is the legal act of
entrusting a child to the care of the Department or any duly licensed
child- placement or child-caring agency or individual by the court,
parent or guardian or any interested party.
(n) “Involuntarily committed child” is one whose parents have been
permanently and judicially deprived of parental authority due to
abandonment; substantial, continuous, or repeated neglect; abuse;
or incompetence to discharge parental responsibilities in accordance
with Section 4 herein.
(o) “Voluntarily committed child” is one whose parents knowingly and
willingly relinquished parental authority to the Department or any
duly licensed child-placement or child-caring agency or individual in
accordance with Section 3 herein.
(p) “Child-placing or child-placement agency” refers to a private non-
profit or charitable institution or government agency duly licensed
and accredited by (he Department to provide comprehensive child
welfare services, including but not limited to, receiving applications
for adoption or foster care, evaluating the prospective adoptive or
foster parents and preparing the home study report.
(q) “Child-caring agency” refers to a private non-profit or charitable
institution or government agency duly licensed and accredited by the
Department that provides twenty-four hour residential care services
for abandoned, orphaned, neglected, involuntarily or voluntarily
committed children.
(r) “Guardian ad litem is a person appointed by the court where the
case is pending for a child sought to be committed to protect his best
interests.
(s) “Case Study Report” is a written report of the result of an
investigation conducted by a social worker as to the socio-cultural,
economic and legal status or condition of the child sought to be
committed. It shall include among others his developmental age,
educational attainment, family and social relationships, the quality of
his peer group, his family’s strengths and weaknesses and parental
control over him. The report is submitted to the Family Court to aid it
in its evaluation of whether the child ought to be committed to the
care of the Department or any duly licensed child-placement or
child-caring agency or individual.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 16
Section 4. –
(a) Who may file. – The Secretary of the Department or his
authorized representative or any duly licensed child-placement or
child-caring agency having knowledge of a child who appears to be
dependent, abandoned or neglected, may file a verified petition for
involuntary commitment of said child to the care of any duly licensed
child-placement or child-caring agency or individual.
(b) Venue. – The petition shall be filed with the Family Court of the
province or city in which the parent or guardian resides or where the
child is found.
(c) Contents of Verified Petition. -The petition must state:
1. The names of the parents or guardian and their place of
residence. If the child’s parents are unknown, petitioner must allege
that diligent efforts have been exerted to locate them. It said parents
are deceased, petitioner shall attach a certified true copy of their
death certificate;
2. The facts showing that the child is dependent, abandoned, or
neglected;
3. The facts showing who has custody of the child at the time of the
filing of the petition; and
4. The name, address and written consent of the Department or duly
licensed child-placement or child-caring agency or individual to
whose care the commitment of the child is sought to be entrusted.
(d) Summons; Court to Set Time for Hearing. – If the court is
satisfied that the petition is sufficient in form and substance, it snail
direct the clerk of court to immediately issue summons which shall
be served together with a copy of the petition and a notice of
hearing, upon the parents or guardian of the child and the office of
the public prosecutor not less than five (5) days before the date of
the hearing. The office of the public prosecutor shall be directed to
immediately transmit the summons to the prosecutor assigned to the
Family Court concerned.
If it appears from the petition that both parents of the child are dead
or that neither parent can be found in the province or city where the
court is located and the child has no guardian residing therein,
summons may not be issued and the court shall thereupon appoint a
guardian ad litem pursuant to Sub-section (f) below and proceed
with the hearing of the case with due notice to the provincial or city
prosecutor.
(e) Social Worker. – After the court sets the petition for hearing in
accordance with Sub-section (d) above, it shall direct the social
worker to submit, before the hearing, a case study report of the child
to aid it in evaluating whether said child should be committed to the
care of the Department or any duly licensed child-placement or
child-caring agency or individual. The report shall bear the signature
of the social worker on every page.
(f) Guardian Ad Litem of Child. – If neither of the parents nor the
guardian of the child can be located or does not appear in court
despite due notice, or if the court finds them incompetent to protect
the best interests of the child, it shall be the duty of the court to
appoint a suitable person as guardian ad litem to represent the child.
In making the appointment, the court shall consider the background
of the guardian ad litem and his familiarity with the judicial process,
social service programs and child development. A member of the
Philippine Bar may be appointed guardian ad litem.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(g) Child’s Right to Counsel. – The court, upon request of the child
capable of forming his own views or upon request of his guardian ad
litem, shall appoint a lawyer to represent him in the proceedings.
(h) Duty of Public Prosecutor. – The provincial or “city prosecutor
shall appear for the State and ascertain if there has been due notice
to all parties concerned and that there is justification for the
declaration of dependency, abandonment or neglect.
(i) Hearing. – The court shall direct the person or agency which has
custody of the child to bring the latter to the court on the date of the
hearing of the petition and shall ascertain the facts and determine
whether the child is dependent, abandoned, or neglected, and if so,
the-cause and circumstances of such condition.
(j) Judgment. – If, after the hearing, the court shall find the child to
be dependent, abandoned, or neglected, it shall render judgment
committing him to the care and custody of the Department or any
duly licensed child-placement or child-caring agency or individual
until he reaches the age of eighteen (18), The judgment shall
likewise make proper provisions for the custody of the property or
money belonging to the committed child.
If the child is committed to the Department, it shall notify the court
within thirty (30) days from the order of commitment, the name and
address of the duly licensed and accredited child-placement or child-
caring agency or individual where the child shall be placed.
However, if the court finds that the abandonment or neglect of the
child may be remedied, the child may be allowed to stay in his own
home under the care and control of his parents or guardian, subject
to supervision and direction of the Department.
(k) Visitation or Inspection. – Any duly licensed child-placement or
child-caring agency or individual to whom a child has been
committed by the court shall be subject to visitation or inspection by
a representative of the court or of the Department, as the case may
be or of both, to determine whether the welfare and interests of the
child are being served,
(I) Report of Person or Institution. – Any duly licensed child-
placement or child-caring agency or individual to whom a child has
been committed by judicial order may at any time be required by the
court to submit a report, containing all necessary information for
determining whether the welfare of the child is being served.
(m) Temporary Custody of Child. – The duly licensed child-
placement or child-caring agency or individual to whom a child has
been committed may file a verified motion with the court which
granted the petition for involuntary commitment of a child to place
him in the care of any suitable person, upon the latter’s request, for
a period not exceeding one month at a time. The court may order
the social worker to submit a case study report to aid it in evaluating
whether such temporary custody shall be for the best interests of the
child. The period of temporary custody of the child may be extended
by the court for a period not exceeding one month at a time upon
motion of the duly licensed child-placement or child-caring agency or
individual to which the child has been committed.
The court, motu proprio, or upon request of the child assisted by his
guardian ad litem, or at the instance of the agency or person to
whom the child was committed, after due notice and hearing, shall
discontinue the temporary custody of the child if it appears that he is
not being given proper care.
After one month from the date temporary custody of the child was
given to another suitable person, the agency or individual shall
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 17
submit to the court a verified report on whether the temporary
custody of the child has promoted his best interests.
(n) Change of Custody. – If the child is committed to the
Department, it shall have the authority to change the custody o! a
child it had placed with any duly licensed child-placement or child-
caring agency or individual if it appears that such change is for the
best interests of the child. The Department shall notify the court of
any change in custody of the child,
When conflicting interests arise among child-placement or child-
caring agencies, the court which granted the involuntary
commitment of the child, upon motion of the Department or any of
the agencies concerned, shall order the change of commitment of
the child.
(o) Removal of Custody. – A motion to remove custody of a child
may be filed by an authorized representative of the Department with
knowledge of the facts against a child-placement or child-caring
agency or individual to whose custody a child has been committed
by the court on the ground of neglect of such child as defined in
Section 3 (e) of this Rule. The court shall set the motion for hearing
with notice to the public prosecutor and the court-designated social
worker. If the court finds after hearing that the allegations of the
motion have been established and that it is for the best interests and
welfare of the child, the court shall issue an order removing him from
the custody of the person or agency, as the case may be, and
committing him to the custody of another duly licensed child-
placement or child-caring agency or individual.
In the same proceeding, the court may suspend or revoke the
license of the agency or individual found guilty of such neglect
depending upon the gravity or frequency of the offense.
(p) Restoration of Parental Authority After Involuntary
Commitment. –
(i) Who may file; Ground. – The parents or guardian of a child
committed to the care of a person, agency or institution by judicial
order may file a verified motion for the restoration of his rights over
the child with the court which granted the involuntary commitment on
the ground that he is now able to take proper care and custody of
said child, provided, however, that the child has not yet been
adopted.
(ii) Notice of Hearing. – The court shall fix the time and date for the
hearing of the motion, which shall not be earlier than thirty (30) days
nor later than sixty (60) days from the date of the filing of said motion
and cause notice of the hearing to be sent to the person, agency or
institution to which the child has been committed, the public
prosecutor and the court-designated social worker, at least five (5)
days before the date of hearing.
(iii) Hearing. – At the hearing, any person may be allowed to
intervene at the discretion of the court to contest the right to the
relief demanded. Witnesses may be called and examined by the
parties or by the court motu proprio.
(iv) Resolution. – If it is found that the cause for the commitment of
the child no longer exists and that the movant is already able to take
proper care and custody of the child, the court, after taking into
consideration the best interests and the welfare of the child, shall
issue a resolution terminating the parental authority of the person,
agency or institution to whom the child was committed by judicial
order and restoring parental authority to the movant.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
q) Jurisdiction for Prosecution of Punishable Acts. – The Family
Court which granted the involuntary commitment shall have
jurisdiction over the prosecution of a child who left without prior
permission from the person or institution to which he has been
judicially committed or the person under whose custody he has been
judicially committed in accordance with Sub-section (m) of Section 4
of this Rule. It shall likewise have jurisdiction over the person who
induced the child to leave such person or institution, except in case
of actual or imminent grave physical or moral danger to the child.
The Family Court which granted the involuntary commitment shall
also have jurisdiction over the prosecution of parents or guardians of
the child who may be held liable under Articles 59 and 60 of P.D.
No. 603 and Sections 9, 10 and 31 of R.A. No. 7610.
Section 5. – Voluntary Commitment of a Child to an Institution or
Individual. – The parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit him to the Department or any
duly licensed child- placement or child-caring agency or individual
subject to the rules of the Department. However, no child shall be
committed unless he is surrendered in writing by his parents or
guardian stating such voluntary commitment and specifically naming
the office, agency, or individual to whose custody the child is to be
committed. Such written instrument should be notarized and signed
in the presence of an authorized representative of the Department
after counseling and other services have been made available to
encourage the child’s parents to keep the child.
(a) Petition for Removal of Custody. –
(i) Who may file; Ground. – The parents or guardian who voluntarily
committed the child, or in their absence or failure, any person with
knowledge of the facts, may file a verified petition to remove custody
of the child against the child-placement or child-caring agency or
individual to whose custody the child has been voluntarily committed
on the ground of neglect of such child as defined in Section 3 (e) of
this Rule. A child may also be removed from the custody of the child-
placement or child-caring agency or individual on the ground that the
voluntary commitment of the child was unjustified.
(ii) Venue. – The petition shall be filed with the Family Court of the
province or city where the child-placement or child-caring agency to
which the child has been voluntarily committed is located or where
the child may be found.
(iii) Contents of Verified Petition. – The petition must state:
The name and address of the child-placement or child-caring agency
or individual to whose custody the child has been voluntarily
committed;
The facts showing that the child has been neglected by the agency
or in cases where the voluntary commitment was unjustified, that the
parents of the child are actually capable of taking care and custody
of the child;
The name, address and written consent of the duly licensed child-
placement or child-caring agency or individual to whose care the
child may be transferred.
The facts showing that petitioner has exhausted the administrative
remedies available to him,
(iv) Notice of Hearing. – If the petition is sufficient in form and
substance, the court shall set the same for hearing with notice to the
Department, the public prosecutor, the court-designated social
worker, the agency or individual to whom the child has been
committed and in appropriate cases, the parents of the child.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 18
(v) Judgment. – If after hearing the court finds that the allegations of
the petition have been established and that it is for the best interests
and welfare of the child, it shall issue an order removing the child
from the custody of the person or agency concerned, and
committing him to the custody of another duly licensed child-
placement or child-caring agency or individual.
The court, in the same proceeding may, after hearing the comment
or recommendation of the Department, suspend or revoke the
license of the agency or individual found guilty of such neglect
depending upon the gravity or frequency of the offense.
(b) Restoration of Parental Authority After Voluntary
Commitment. – The restoration of rights of the parent or guardian
over the child who has been voluntarily committed shall be governed
by the rules of the Department, provided, however, that the petition
for restoration is filed within six (6) months from the date of voluntary
commitment. In case the Department refuses to grant legal custody
and parental authority to the parent or guardian over the child who
has been voluntarily committed to an agency or individual, the
parent or guardian may file a petition in court for restoration of
parental authority in accordance with Section 4 (p) of this Rule.
(c) Jurisdiction for Prosecution of Punishable Acts. – The Family
Court of the place where the child may be found or where the duly
licensed child-placement or child-caring agency or individual is
located shall have jurisdiction over the prosecution of a child who left
without prior permission from the person or institution to which he
has been voluntarily committed. It shall likewise have jurisdiction
over the person who induced the child to leave such person or
institution, except in case of grave actual or imminent physical or
moral danger, to the child. The same Family Court shall also have
jurisdiction over the prosecution of parents or guardians of the child
who may be held liable under Articles 59 and 60 of P.O. No, 603 and
Sections 9, 10 and 31 of R.A. No. 7610.
Section 6. Petition for Commitment of a Disabled Child. –
(a) Who may file. – Where a child appears to be mentally retarded
physically handicapped, emotionally disturbed, mentally ill, with
cerebral palsy or with similar afflictions and needs institutional care
but his parents or guardians are opposed thereto, the Department,
or any duly licensed child-placement or child-caring agency or
individual may file a verified petition for commitment of the said child
to any reputable institution providing care, training and rehabilitation
for disabled children.
The parents or guardian of the child may file a similar petition in
case no immediate placement can be arranged for the disabled child
when his welfare and interests are at stake,
(b) Venue. – The petition for commitment of a disabled child shall be
filed with the Family Court of the place where the parent or guardian
resides or where the child is found.
(c) Contents of Verified Petition. – The petition for commitment must
stale the following:
(1) The facts showing that the child appears to be mentally retarded,
physically handicapped, emotionally disturbed, mentally ill, with
cerebral ‘palsy or with similar afflictions and needs institutional care;
(2) The name of the parents and their residence, if known, or if the
child has no living parent, the name and residence of the guardian, if
any; and

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(3) The fact that the parents or guardian or any duty licensed
disabled child-placement or child-caring agency, as the case may
be, has opposed the commitment of such child;
(4) The name and written conformity of the institution where the child
is to be committed.
(5) An estimate of the costs and other expenses of maintaining the
child in the institution.
The verified petition shall be sufficient if based upon the personal
knowledge of the petitioner.
(d) Order of Hearing; Notice. – If the petition filed is sufficient in form
and substance, the court, by an order reciting the purpose of the
petition, shall fix the date of the hearing thereof, and a copy of such
order shall be served on the child alleged to be mentally retarded,
physically handicapped, emotionally disturbed, mentally ill, with
cerebral palsy or with similar afflictions and on the person having
charge of him or any of his relatives residing in the province or city
as the court may deem proper.
The order shall also direct the sheriff or any other officer of the court
to produce, if necessary, the alleged disabled child on the date of
the hearing.
(e) Hearing and Judgment. – If the court finds that the allegations of
the petition have been established and that institutional care of the
child is for his best interests or the public welfare and that his
parents, or guardian or relatives are unable for any reason
whatsoever to take proper care of him, the court shall order his
commitment to the proper institution for disabled children. The court
shall likewise make proper provisions for the custody of the property
or money belonging to the committed child.
The expense of maintaining a disabled child in the institution to
which he has been committed shall be borne primarily by the
parents or guardian and secondarily, by such disabled child, if he
has property of his own.
In all cases where the expenses for the maintenance of the disabled
child cannot be paid in accordance with the immediately preceding
paragraph, the Department shall bear the expenses, or such part
thereof as may remain unpaid.
The court shall furnish the institution to which the child has been
committed with a copy of its judgment, together with ail the reports
and other data pertinent to the case.
(f) Discharge of Judicially Committed Disabled Child. – Upon motion
of the parent, guardian or institution to which the child has been
judicially committed under this Rule, the court, after hearing, shall
order the discharge of such child if it is established and certified by
the Department that:
(1) He is no longer a danger to himself and the community;
(2) He has been sufficiently rehabilitated from his physical handicap
or if of working age, is already fit to engage in gainful occupation; or
(3) He has been sufficiently relieved of his psychological, mental and
emotional problems and is ready to assume normal social relations.
Section 7. Effectivity. – This rule shall take effect on April 15, 2002
after its publication in a newspaper of general circulation not later
than March 15, 2002.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 19
RULE 101
Proceedings for Hospitalization of Insane Persons
xxx N/A xxx
(Under DSWD Rules and Regulations)
WRIT OF HABEAS CORPUS
RULE 102
Habeas Corpus
Section 1. To what habeas corpus extends. — Except as otherwise
expressly provided by law, the writ of habeas corpus shall extend to
all cases of illegal confinement or detention by which any person is
deprived of his liberty, or by which the rightful custody of any person
is withheld from the person entitled thereto.
Section 2. Who may grant the writ. — The writ of habeas
corpus may be granted by the Supreme Court, or any member
thereof in the instances authorized by law, and if so granted it shall
be enforceable anywhere in the Philippines, and may be made
returnable before the court or any member thereof, or before a Court
of First Instance, or any judge thereof for the hearing and decision
on the merits. It may also be granted by a Court of First Instance, or
a judge thereof, on any day and at any time, and returnable before
himself, enforceable only within his judicial district.
Section 3. Requisites of application therefor. — Application for the
writ shall be by petition signed and verified either by the party for
whose relief it is intended, or by some person on his behalf, and
shall set forth:
(a) That the person in whose behalf the application is made is
imprisoned or restrained on his liberty;
(b) The officer or name of the person by whom he is so imprisoned
or restrained; or, if both are unknown or uncertain, such officer or
person may be described by an assumed appellation, and the
person who is served with the writ shall be deemed the person
intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such person,
if it can be procured without impairing the efficiency of the remedy;
or, if the imprisonment or restraint is without any legal authority,
such fact shall appear.
Section 4. When writ not allowed or discharge authorized. — If it
appears that the person alleged to be restrained of his liberty is in
the custody of an officer under process issued by a court or judge or
by virtue of a judgment or order of a court of record, and that the
court or judge had jurisdiction to issue the process, render the
judgment, or make the order, the writ shall not be allowed; or if the
jurisdiction appears after the writ is allowed, the person shall not be
discharged by reason of any informality or defect in the process,
judgment, or order. Not shall anything in this rule be held to
authorize the discharge of a person charged with or convicted of an
offense in the Philippines, or of a person suffering imprisonment
under lawful judgment.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 5. When the writ must be granted and issued. — A court or
judge authorized to grant the writ must, when a petition therefor is
presented and it appears that the writ ought to issue, grant the same
forthwith, and immediately thereupon the clerk of the court shall
issue the writ under the seal of the court; or in case of emergency,
the judge may issue the writ under his own hand, and may depute
any officer or person to serve it.
Section 6. To whom writ directed, and what to require. — In case of
imprisonment or restraint by an officer, the writ shall be directed to
him, and shall command him to have the body of the person
restrained of his liberty before the court or judge designated in the
writ at the time and place therein specified. In case of imprisonment
or restraint by a person not an officer, the writ shall be directed to an
officer, and shall command him to take and have the body of the
person restrained of his liberty before the court or judge designated
in the writ at the time and place therein specified, and to summon
the person by whom he is restrained then and there to appear
before said court or judge to show the cause of the imprisonment or
restraint.
Section 7. How prisoner designated and writ served. — The person
to be produced should be designated in the writ by his name, if
known, but if his name is not known he may be otherwise described
or identified. The writ may be served in any province by the sheriff or
other proper officer, or by a person deputed by the court or judge.
Service of the writ shall be made by leaving the original with the
person to whom it is directed and preserving a copy on which to
make return or service. If that person cannot be found, or has not
the prisoner in his custody, then the service shall be made on any
other person having or exercising such custody.
Section 8. How writ executed and returned. — The officer to whom
the writ is directed shall convey the person so imprisoned or
restrained, and named in the writ, before the judge allowing the writ,
or in case of his absence or disability, before some other judge of
the same court, on the day specified in the writ, unless, from
sickness or infirmity of the person directed to be produced, such
person cannot, without danger, be bought before the court or judge;
and the officer shall make due return of the writ, together with the
day and the cause of the caption and restraint of such person
according to the command thereof.
Section 9. Defect of form. — No writ of habeas corpus can be
disobeyed for defect of form, if it sufficiently appears therefrom in
whose custody or under whose restraint the party imprisoned or
restrained is held and the court or judge before whom he is to be
bought.
Section 10. Contents of return. — When the person to be produced
is imprisoned or restrained by an officer, the person who makes the
return shall state therein, and in other cases the person in whose
custody the prisoner is found shall state, in writing to the court or
judge before whom the writ is returnable, plainly and unequivocably:
(a) Whether he has or has not the party in his custody or power, or
under restraint;
(b) If he has the party in his custody or power, or under restraint, the
authority and the true and whole cause thereof, set forth at large,
with a copy of the writ, order execution, or other process, if any,
upon which the party is held;
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 20
(c) If the party is in his custody or power or is restrained by him, and
is not produced, particularly the nature and gravity of the sickness or
infirmity of such party by reason of which he cannot, without danger,
be bought before the court or judge;
(d) If he has had the party in his custody or power, or under restraint,
and has transferred such custody or restraint to another, particularly
to whom, at what time, for what cause, and by what authority such
transfer was made.
Section 11. Return to be signed and sworn to. — The return or
statement shall be signed by the person who makes it; and shall
also be sworn by him if the prisoner is not produced, and in all other
cases unless the return is made and signed by a sworn public officer
in his official capacity.
Section 12. Hearing on return. Adjournments. — When the writ is
returned before one judge, at a time when the court is in session, he
may forthwith adjourn the case into the court, there to be heard and
determined. The court or judge before whom the writ is returned or
adjourned must immediately proceed to hear and examine the
return, and such other matters as are properly submitted for
consideration, unless for good cause shown the hearing is
adjourned, in which event the court or judge shall make such order
for the safekeeping of the person imprisoned or restrained as the
nature of the case requires. If the person imprisoned or restrained is
not produced because of his alleged sickness or infirmity, the court
or judge must be satisfied that it is so grave that such person cannot
be produced without danger, before proceeding to hear and dispose
of the matter. On the hearing the court or judge shall disregard
matters of form and technicalities in respect to any warrant or order
of commitment of a court or officer authorized to commit by law.
Section 13. When the return evidence, and when only a plea. — If it
appears that the prisoner is in custody under a warrant of
commitment in pursuance of law, the return shall be
considered prima facie evidence of the cause of restraint, but if he is
restrained of his liberty by any alleged private authority, the return
shall be considered only as a plea of the facts therein set forth, and
the party claiming the custody must prove such facts.
Section 14. When person lawfully imprisoned recommitted, and
when let to bail. — If it appears that the prisoner was lawfully
committed, and is plainly and specifically charged in the warrant of
commitment with an offense punishable by death, he shall not be
released, discharged, or bailed. If he is lawfully imprisoned or
restrained on a charge of having committed an offense not so
punishable, he may be recommitted to imprisonment or admitted to
bail in the discretion of the court or judge. If he be admitted to bail,
he shall forthwith file a bond in such sum as the court or judge
deems reasonable, considering the circumstances of the prisoner
and the nature of the offense charged, conditioned for his
appearance before the court where the offense is properly
cognizable to abide its order of judgment; and the court or judge
shall certify the proceedings, together with the bond, forthwith to the
proper court. If such bond is not so filed, the prisoner shall be
recommitted to confinement.
Section 15. When prisoner discharged if no appeal. — When the
court or judge has examined into the cause of caption and restraint
of the prisoner, and is satisfied that he is unlawfully imprisoned or
restrained, he shall forthwith order his discharge from confinement,
but such discharge shall not be effective until a copy of the order has
been served on the officer or person detaining the prisoner. If the
officer or person detaining the prisoner does not desire to appeal,
the prisoner shall be forthwith released.
 SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 21
CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS

Section 16. Penalty for refusing to issue writ, or for disobeying the RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS
same. — A clerk of a court who refuses to issue the writ after CORPUS IN RELATION TO CUSTODY OF MINORS
allowance thereof and demand therefor, or a person to whom a writ A.M. No. 03-04-04-SC
is directed, who neglects or refuses to obey or make return of the
same according to the command thereof, or makes false return
Republic of the Philippines
thereof, or who, upon demand made by or on behalf of the prisoner,
SUPREME COURT
refuses to deliver to the person demanding, within six (6) hours after
Manila
the demand therefor, a true copy of the warrant or order of
commitment, shall forfeit to the party aggrieved the sum of one
thousand pesos, to be recorded in a proper action, and may also be A.M. No. 03-04-04-SC April 22, 2003
punished by the court or judge as for contempt.
RE: PROPOSED RULE ON CUSTODY OF MINORS AND
Section 17. Person discharged not to be again imprisoned. — A WRIT OF HABEAS CORPUS IN RELATION TO
person who is set at liberty upon a writ of habeas corpus shall not be CUSTODY OF MINORS
again imprisoned for the same offense unless by the lawful order or
process of a court having jurisdiction of the cause or offense; and a RESOLUTION
person who knowingly, contrary to the provisions of this rule,
recommits or imprisons, or causes to be committed or imprisoned, Acting on the letter of the Chairman of the Committee on Revision of
for the same offense, or pretended offense, any person so set at the Rules of Court submitting for this Court’s consideration and
liberty, or knowingly aids or assists therein, shall forfeit to the party approval the Proposed Rule on custody of Minors and Writ of
aggrieved the sum of one thousand pesos, to be recovered in a Habeas Corpus in Relation to Custody of Minors, the Court
proper action, notwithstanding any colorable pretense or variation in Resolved to APPROVE the same.
the warrant of commitment, and may also be punished by the court
or judge granting the writ as for contempt.
The Rule shall take effect on May 15, 2003 following its publication
in a newspaper of general circulation not later than April 30, 2003.
Section 18. When prisoner may be removed from one custody to
another. — A person committed to prison, or in custody of an officer,
April 22, 2003
for any criminal matter, shall not be removed therefrom into the
custody of another unless by legal process, or the prisoner be
delivered to an inferior officer to carry to jail, or, by order of the Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Ynares-
proper court or judge, be removed from one place to another within Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
the Philippines for trial, or in case of fire epidemic, insurrection, or Carpio-Morales, Callejo, Sr., and Azcuna, JJ., concur.
other necessity or public calamity; and a person who, after such Quisumbing, J., on official leave.
commitment, makes signs, or counter-signs any order for such
removal contrary to this section, shall forfeit to the party aggrieved RULE ON CUSTODY OF MINORS AND
the sum of one thousand pesos, to be recovered in a proper action. WRIT OF HABEAS CORPUS IN RELATION TO
CUSTODY OF MINORS
Section 19. Record of writ, fees and costs. — The proceedings
upon a writ of habeas corpus shall be recorded by the clerk of the Section 1. Applicability. - This rule shall apply to petitions for
court, and upon the final disposition of such proceedings the court or custody of minors and writs of habeas corpus in relation thereto.
judge shall make such order as to costs as the case requires. The
fees of officers and witnesses shall be included in the costs taxed, The Rules of Court shall apply suppletorily.
but no officer or person shall have the right to demand payment in
advance of any fees to which he is entitled by virtue of the
Section 2. Petition for custody of minors; who may file.- A
proceedings. When a person confined under color of proceedings in
verified petition for the rightful custody of a minor may be filed by
a criminal case is discharged, the costs shall be taxed against the
any person claiming such right. The party against whom it may be
Republic of the Philippines, and paid out of its Treasury; when a
filed shall be designated as the respondent.
person in custody by virtue or under color of proceedings in a civil
case is discharged, the costs shall be taxed against him, or against
the person who signed the application for the writ, or both, as the Section 3. Where to file petition. - The petition for custody of
court shall direct. minors shall be filed with the Family Court of the province or city
where the petitioner resides or where the minor may be found.

Section 4. Contents of petition. - The verified petition shall allege

the following:

(a) The personal circumstances of the petitioner and of the

respondent;

(b) The name, age and present whereabouts of the minor and his or
her relationship to the petitioner and the respondent;

(c) The material operative facts constituting deprivation of custody;

and

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(d) Such other matters which are relevant to the custody of the
minor.
The verified petition shall be accompanied by a certificate against
forum shopping, which the petitioner must sign personally.
Section 5. Summons; personal service on respondent. - If the
court is satisfied that the petition is sufficient in form and substance,
it shall direct the clerk of court to issue summons, which shall be
served together with a copy of the petition personally on the
respondent.
Section 6. Motion to Dismiss. - A motion to dismiss the petition is
not allowed except on the ground of lack of jurisdiction over the
subject matter or over the parties. Any other ground that might
warrant the dismissal of the petition may be raised as an affirmative
defense in the answer.
Section 7. Verified Answer. - The respondent shall file an answer
to the petition, personally verified by him, within five days after
service of summons and a copy of the petition.
Section 8. Case study; duty of social worker. - Upon the filing of
the verified answer or the expiration of the period to file it, the court
may order a social worker to make a case study of the minor and the
parties and to submit a report and recommendation to the court at
least three days before the scheduled pre-trial.
Section 9. Notice of mandatory pre-trial. - Within fifteen days after
the filing of the answer or the expiration of the period to file answer,
the court shall issue an order: (1) fixing a date for the pre-trial
conference; (2) directing the parties to file and serve their respective
pre-trial briefs in such manner as shall ensure receipt thereof by the
adverse party at least three days before the date of pre-trial; and (3)
requiring the respondent to present the minor before the court.
The notice of its order shall be served separately on both the parties
and their respective counsels. The pre-trial is mandatory.
Section 10. Contents of pre-trial brief. - The pre-trial brief shall
contain the following:
(a) A statement of the willingness of the parties to enter into
agreements that may be allowed by law, indicating its terms;
(b) A concise statement of their respective claims together with the
applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating or describing its
nature and purpose;
(f) The number and names of the witnesses and their respective
affidavits which shall serve as the affiant's testimony on direct
examination; and
(g) Such other matters as the court may require to be included in the
pre-trial brief.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 22
Failure to file the pre-trial brief or to comply with its required contents
shall have the same effect as failure to appear at the pre-trial.
Section 11. Effect of failure to appear at the pre-trial.-(a) If the
petitioner fails to appear personally at the pre-trial, the case shall be
dismissed, unless his counsel or a duly authorized representative
appears in court and proves a valid excuse for the non-appearance
of the petitioner.
(b) If the respondent has filed his answer but fails to appear at the
pre-trial, the petitioner shall be allowed to present his evidence ex
parte. The court shall then render judgment on the basis of the
pleadings and the evidence thus presented.
Section 12. What may be done at pre-trial. - At the pre-trial, the
parties may agree on the custody of the minor. If the parties fail to
agree, the court may refer the matter to a mediator who shall have
five days to effect an agreement between the parties. If the issue is
not settled through mediation, the court shall proceed with the pre-
trial conference, on which occasion it shall consider such other
matters as may aid in the prompt disposition of the petition.
Section 13. Provisional order awarding custody. - After an
answer has been filed or after expiration of the period to file it, the
court may issue a provisional order awarding custody of the minor.
As far as practicable, the following order of preference shall be
observed in the award of custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant considerations,
especially the choice of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit;
(c) The grandparent, or if there are several grandparents, the
grandparent chosen by the minor over seven years of age and of
sufficient discernment, unless the grandparent chosen is unfit or
disqualified;
(d) The eldest brother or sister over twenty-one years of age, unless
he or she is unfit or disqualified;
(e) The actual custodian of the minor over twenty-one years of age,
unless the former is unfit or disqualified; or
(f) Any other person or institution the court may deem suitable to
provide proper care and guidance for the minor.
Section 14. Factors to consider in determining custody. - In
awarding custody, the court shall consider the best interests of the
minor and shall give paramount consideration to his material and
moral welfare. The best interests of the minor refer to the totality of
the circumstances and conditions as are most congenial to the
survival, protection, and feelings of security of the minor
encouraging to his physical, psychological and emotional
development. It also means the least detrimental available
alternative for safeguarding the growth and development of the
minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties may have bound
themselves to comply with respecting the rights of the minor to
maintain direct contact with the non custodial parent on a regular

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
basis, except when there is an existing threat or danger of physical,
mental, sexual or emotional violence which endangers the safety
and best interests of the minor;
(b) The desire and ability of one parent to foster an open and loving
relationship between the minor and the other parent;
(c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the person seeking
custody or who has had any filial relationship with the minor,
including anyone courting the parent;
(e) The nature and frequency of contact with both parents;
(f) Habitual use of alcohol, dangerous drugs or regulated
substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional, spiritual, psychological
and educational environment for the holistic development and
growth of the minor; and
(i) The preference of the minor over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.
Section 15. Temporary visitation rights. - The court shall provide
in its order awarding provisional custody appropriate visitation rights
to the non-custodial parent or parents, unless the court finds said
parent or parents unfit or disqualified.
The temporary custodian shall give the court and non custodial
parent or parents at least five days' notice of any plan to change the
residence of the minor or take him out of his residence for more than
three days provided it does not prejudice the visitation rights of the
non-custodial parent or parents.
Section 16. Hold Departure Order. - The minor child subject of the
petition shall not be brought out of the country without prior order
from the court while the petition is pending.
The court, motu proprio or upon application under oath, may issue
ex parte a hold departure order, addressed to the Bureau of
Immigration and Deportation, directing it not to allow the departure of
the minor from the Philippines without the permission of the court.
The Family Court issuing the hold departure order shall furnish the
Department of Foreign Affairs and the Bureau of Immigration and
Deportation of the Department of Justice a copy of the hold
departure order within twenty-four hours from its issuance and
through the fastest available means of transmittal.
The hold departure order shall contain the following information:
(a) The complete name (including the middle name), the date and
place of birth, the nationality and the place of last residence of the
person against whom a hold departure order has been issued or
whose departure from the country has been enjoined;
(b) The complete title and docket number of the case in which the
hold departure order was issued;
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 23
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party against whom a
hold departure order has been issued or whose departure from the
country has been enjoined.
The court may recall the hold departure order motu proprio, or upon
verified motion of any of the parties after summary hearing, subject
to such terms and conditions as may be necessary for the best
interests of the minor.
Section 17. Protection Order. - The court may issue a Protection
Order requiring any person:
(a) To stay away from the home, school, business, or place of
employment of the minor, other parent or any other party, or from
any other specific place designated by the court;
(b) To cease and desist from harassing, intimidating, or threatening
such minor or the other parent or any person to whom custody of the
minor is awarded;
(c) To refrain from acts of commission or omission that create an
unreasonable risk to the health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court
order or a separation agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a
specified period of time in order to take personal belongings not
contested in a proceeding pending with the Family Court; and
(f) To comply with such other orders as are necessary for the
protection of the minor.
Section 18. Judgment. - After trial, the court shall render judgment
awarding the custody of the minor to the proper party considering
the best interests of the minor.
If it appears that both parties are unfit to have the care and custody
of the minor, the court may designate either the paternal or maternal
grandparent of the minor, or his oldest brother or sister, or any
reputable person to take charge of such minor, or commit him to any
suitable home for children.
In its judgment, the court may order either or both parents to give an
amount necessary for the support, maintenance and education of
the minor, irrespective of who may be its custodian. In determining
the amount of support, the court may consider the following factors:
(1) the financial resources of the custodial and non-custodial parent
and those of the minor; (2) the physical and emotional health,
special needs, and aptitude of the minor; (3) the standard of living
the minor has been accustomed to; and (4) the non-monetary
contributions that the parents would make toward the care and well-
being of the minor.
The court may also issue any order that is just and reasonable
permitting the parent who is deprived of the care and custody of the
minor to visit or have temporary custody.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 19. Appeal. - No appeal from the decision shall be allowed
unless the appellant has filed a motion for reconsideration or new
trial within fifteen days from notice of judgment.
An aggrieved party may appeal from the decision by filing a Notice
of Appeal within fifteen days from notice of the denial of the motion
for reconsideration or new trial and serving a copy thereof on the
adverse parties.
Section 20. Petition for writ of habeas corpus. - A verified petition
for a writ of habeas corpus involving custody of minors shall be filed
with the Family Court. The writ shall be enforceable within its judicial
region to which the Family Court belongs.
However, the petition may be filed with the regular court in the
absence of the presiding judge of the Family Court, provided,
however, that the regular court shall refer the case to the Family
Court as soon as its presiding judge returns to duty.
The petition may also be filed with the appropriate regular courts in
places where there are no Family Courts.
The writ issued by the Family Court or the regular court shall be
enforceable in the judicial region where they belong.
The petition may likewise be filed with the Supreme Court, Court of
Appeals, or with any of its members and, if so granted, the writ shall
be enforceable anywhere in the Philippines. The writ may be made
returnable to a Family Court or to any regular court within the region
where the petitioner resides or where the minor may be found for
hearing and decision on the merits.
Upon return of the writ, the court shall decide the issue on custody of
minors. The appellate court, or the member thereof, issuing the writ
shall be furnished a copy of the decision.
Section 21. Confidentiality of proceedings. - The hearings on
custody of minors may, at the discretion of the court, be closed to
the public and the records of the case shall not be released to non-
parties without its approval.
Section 22. Effectivity. - This Rule shall take effect on May 15,
2003 following its publication in a newspaper of general circulation
not later than April 30, 2003.
WRIT OF AMPARO
A.M. No.
Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 07-9-12-SC
(25 September 2007)
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. – The petition for a writ of amparo is a remedy
available to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 24
The writ shall cover extralegal killings and enforced disappearances
or threats thereof.
SEC. 2. Who May File. – The petition may be filed by the aggrieved
party or by any qualified person or entity in the following order:
a. Any member of the immediate family, namely: the spouse,
children and parents of the aggrieved party;
b. Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of consanguinity
or affinity, in default of those mentioned in the preceding
paragraph; or
c. Any concerned citizen, organization, association or institution, if
there is no known member of the immediate family or relative of
the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of
all other authorized parties to file similar petitions. Likewise, the filing
of the petition by an authorized party on behalf of the aggrieved
party suspends the right of all others, observing the order
established herein.
SEC. 3. Where to File. – The petition may be filed on any day and
at any time with the Regional Trial Court of the place where the
threat, act or omission was committed or any of its elements
occurred, or with the Sandiganbayan, the Court of Appeals, the
Supreme Court, or any justice of such courts. The writ shall be
enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ
shall be returnable before such court or judge.
When issued by the Sandiganbayan or the Court of Appeals or any
of their justices, it may be returnable before such court or any justice
thereof, or to any Regional Trial Court of the place where the threat,
act or omission was committed or any of its elements occurred.
When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
Sandiganbayan or the Court of Appeals or any of their justices, or to
any Regional Trial Court of the place where the threat, act or
omission was committed or any of its elements occurred.
SEC. 4. No Docket Fees. – The petitioner shall be exempted from
the payment of the docket and other lawful fees when filing the
petition. The court, justice or judge shall docket the petition and act
upon it immediately.
SEC. 5. Contents of Petition. – The petition shall be signed and
verified and shall allege the following:
a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the respondent
responsible for the threat, act or omission, or, if the name is
unknown or uncertain, the respondent may be described by an
assumed appellation;
c. The right to life, liberty and security of the aggrieved party
violated or threatened with violation by an unlawful act or
omission of the respondent, and how such threat or violation is
committed with the attendant circumstances detailed in
supporting affidavits;
 SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 25
CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS

d. The investigation conducted, if any, specifying the names, iii. to identify witnesses and obtain statements from them
personal circumstances, and addresses of the investigating concerning the death or disappearance;
authority or individuals, as well as the manner and conduct of
the investigation, together with any report; iv. to determine the cause, manner, location and time of
death or disappearance as well as any pattern or practice
e. The actions and recourses taken by the petitioner to determine that may have brought about the death or disappearance;
the fate or whereabouts of the aggrieved party and the identity
of the person responsible for the threat, act or omission; and v. to identify and apprehend the person or persons involved
in the death or disappearance; and
f. The relief prayed for.
vi. to bring the suspected offenders before a competent
The petition may include a general prayer for other just and court.
equitable reliefs.
The return shall also state other matters relevant to the investigation,
SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the its resolution and the prosecution of the case.
court, justice or judge shall immediately order the issuance of the
writ if on its face it ought to issue. The clerk of court shall issue the A general denial of the allegations in the petition shall not be
writ under the seal of the court; or in case of urgent necessity, the allowed.
justice or the judge may issue the writ under his or her own hand,
and may deputize any officer or person to serve it. SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses
shall be raised in the return, otherwise, they shall be deemed
The writ shall also set the date and time for summary hearing of the waived.
petition which shall not be later than seven (7) days from the date of
its issuance. SEC. 11. Prohibited Pleadings and Motions. – The following
pleadings and motions are prohibited:
SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk
of court who refuses to issue the writ after its allowance, or a a. Motion to dismiss;
deputized person who refuses to serve the same, shall be punished b. Motion for extension of time to file return, opposition, affidavit,
by the court, justice or judge for contempt without prejudice to other position paper and other pleadings;
disciplinary actions. c. Dilatory motion for postponement;
d. Motion for a bill of particulars;
SEC. 8. How the Writ is Served. – The writ shall be served upon e. Counterclaim or cross-claim;
the respondent by a judicial officer or by a person deputized by the f. Third-party complaint;
court, justice or judge who shall retain a copy on which to make a g. Reply;
return of service. In case the writ cannot be served personally on the h. Motion to declare respondent in default;
respondent, the rules on substituted service shall apply. i. Intervention;
j. Memorandum;
SEC. 9. Return; Contents. – Within seventy-two (72) hours after k. Motion for reconsideration of interlocutory orders or interim
service of the writ, the respondent shall file a verified written return relief orders; and
together with supporting affidavits which shall, among other things, l. Petition for certiorari, mandamus or prohibition against any
contain the following: interlocutory order.

a. The lawful defenses to show that the respondent did not violate SEC. 12. Effect of Failure to File Return. — In case the
or threaten with violation the right to life, liberty and security of respondent fails to file a return, the court, justice or judge shall
the aggrieved party, through any act or omission; proceed to hear the petition ex parte.

b. The steps or actions taken by the respondent to determine the
fate or whereabouts of the aggrieved party and the person or
persons responsible for the threat, act or omission;
c. All relevant information in the possession of the respondent
pertaining to the threat, act or omission against the aggrieved
party; and
SEC. 13. Summary Hearing. — The hearing on the petition shall be
summary. However, the court, justice or judge may call for a
preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.
The hearing shall be from day to day until completed and given the
same priority as petitions for habeas corpus.

d. If the respondent is a public official or employee, the return

shall further state the actions that have been or will still be
taken:
i. to verify the identity of the aggrieved party;
ii. to recover and preserve evidence related to the death or
disappearance of the person identified in the petition
which may aid in the prosecution of the person or persons
responsible;
SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime
before final judgment, the court, justice or judge may grant any of
the following reliefs:
(a) Temporary Protection Order. – The court, justice or judge, upon
motion or motu proprio, may order that the petitioner or the
aggrieved party and any member of the immediate family be
protected in a government agency or by an accredited person or
private institution capable of keeping and securing their safety. If the
petitioner is an organization, association or institution referred to in

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
Section 3(c) of this Rule, the protection may be extended to the
officers involved.
The Supreme Court shall accredit the persons and private
institutions that shall extend temporary protection to the petitioner or
the aggrieved party and any member of the immediate family, in
accordance with guidelines which it shall issue.
The accredited persons and private institutions shall comply with the
rules and conditions that may be imposed by the court, justice or
judge.
(b) Inspection Order. — The court, justice or judge, upon verified
motion and after due hearing, may order any person in possession
or control of a designated land or other property, to permit entry for
the purpose of inspecting, measuring, surveying, or photographing
the property or any relevant object or operation thereon.
The motion shall state in detail the place or places to be inspected. It
shall be supported by affidavits or testimonies of witnesses having
personal knowledge of the enforced disappearance or whereabouts
of the aggrieved party.
If the motion is opposed on the ground of national security or of the
privileged nature of the information, the court, justice or judge may
conduct a hearing in chambers to determine the merit of the
opposition.
The movant must show that the inspection order is necessary to
establish the right of the aggrieved party alleged to be threatened or
violated.
The inspection order shall specify the person or persons authorized
to make the inspection and the date, time, place and manner of
making the inspection and may prescribe other conditions to protect
the constitutional rights of all parties. The order shall expire five (5)
days after the date of its issuance, unless extended for justifiable
reasons.
(c) Production Order. – The court, justice or judge, upon verified
motion and after due hearing, may order any person in possession,
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or objects
in digitized or electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and permit their
inspection, copying or photographing by or on behalf of the movant.
The motion may be opposed on the ground of national security or of
the privileged nature of the information, in which case the court,
justice or judge may conduct a hearing in chambers to determine the
merit of the opposition.
The court, justice or judge shall prescribe other conditions to protect
the constitutional rights of all the parties.
(d) Witness Protection Order. – The court, justice or judge, upon
motion or motu proprio, may refer the witnesses to the Department
of Justice for admission to the Witness Protection, Security and
Benefit Program, pursuant to Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to other
government agencies, or to accredited persons or private institutions
capable of keeping and securing their safety.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 26
SEC. 15. Availability of Interim Reliefs to Respondent. – Upon
verified motion of the respondent and after due hearing, the court,
justice or judge may issue an inspection order or production order
under paragraphs (b) and (c) of the preceding section.
A motion for inspection order under this section shall be supported
by affidavits or testimonies of witnesses having personal knowledge
of the defenses of the respondent.
SEC. 16. Contempt. – The court, justice or judge may order the
respondent who refuses to make a return, or who makes a false
return, or any person who otherwise disobeys or resists a lawful
process or order of the court to be punished for contempt. The
contemnor may be imprisoned or imposed a fine.
SEC. 17. Burden of Proof and Standard of Diligence Required. –
The parties shall establish their claims by substantial evidence.
The respondent who is a private individual or entity must prove that
ordinary diligence as required by applicable laws, rules and
regulations was observed in the performance of duty.
The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and
regulations was observed in the performance of duty.
The respondent public official or employee cannot invoke the
presumption that official duty has been regularly performed to evade
responsibility or liability.
SEC. 18. Judgment. — The court shall render judgment within ten
(10) days from the time the petition is submitted for decision. If the
allegations in the petition are proven by substantial evidence, the
court shall grant the privilege of the writ and such reliefs as may be
proper and appropriate; otherwise, the privilege shall be denied.
SEC. 19. Appeal. – Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45. The appeal may raise
questions of fact or law or both.
The period of appeal shall be five (5) working days from the date of
notice of the adverse judgment.
The appeal shall be given the same priority as in habeas corpus
cases.
SEC. 20. Archiving and Revival of Cases. – The court shall not
dismiss the petition, but shall archive it, if upon its determination it
cannot proceed for a valid cause such as the failure of petitioner or
witnesses to appear due to threats on their lives.
A periodic review of the archived cases shall be made by the
amparo court that shall, motu proprio or upon motion by any party,
order their revival when ready for further proceedings. The petition
shall be dismissed with prejudice upon failure to prosecute the case
after the lapse of two (2) years from notice to the petitioner of the
order archiving the case.
The clerks of court shall submit to the Office of the Court
Administrator a consolidated list of archived cases under this Rule
not later than the first week of January of every year.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
SEC. 21. Institution of Separate Actions. — This Rule shall not
preclude the filing of separate criminal, civil or administrative actions.
SEC. 22. Effect of Filing of a Criminal Action. – When a criminal
action has been commenced, no separate petition for the writ shall
be filed. The reliefs under the writ shall be available by motion in the
criminal case.
The procedure under this Rule shall govern the disposition of the
reliefs available under the writ of amparo.
SEC. 23. Consolidation. – When a criminal action is filed
subsequent to the filing of a petition for the writ, the latter shall be
consolidated with the criminal action.
When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of amparo, the latter shall be
consolidated with the criminal action.
After consolidation, the procedure under this Rule shall continue to
apply to the disposition of the reliefs in the petition.
SEC. 24. Substantive Rights. — This Rule shall not diminish,
increase or modify substantive rights recognized and protected by
the Constitution.
SEC. 25. Suppletory Application of the Rules of Court. – The
Rules of Court shall apply suppletorily insofar as it is not inconsistent
with this Rule.
SEC. 26. Applicability to Pending Cases. – This Rule shall govern
cases involving extralegal killings and enforced disappearances or
threats thereof pending in the trial and appellate courts.
SEC. 27. Effectivity. – This Rule shall take effect on October 24,
2007, following its publication in three (3) newspapers of general
circulation.
RA 9851
DEFINITION OF ENFORCED OR INVOLUNTARY
DISAPPEARANCE OF PERSONS
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND
OTHER CRIMES AGAINST HUMANITY, ORGANIZING
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR
RELATED PURPOSES
Section 3. For purposes of this Act, the term:
(g) "Enforced or involuntary disappearance of persons" means the
arrest, detention, or abduction of persons by, or with the
authorization support or acquiescence of, a State or a political
organization followed by a refusal to acknowledge that deprivation of
freedom or to give information on the fate or whereabouts of those
persons, with the intention of removing from the protection of the law
for a prolonged period of time
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 27
WRIT OF HABEAS DATA
A.M. No. 08-1-16-SC
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
A. M. No. 08-1-16-SC January 22, 2008
THE RULE ON THE WRIT OF HABEAS DATA
RESOLUTION
Acting on the recommendation of the Chairperson of the Committee
on Revision of the Rules of Court submitting for this Court’s
consideration and approval the proposed Rule on the Writ of Habeas
Data, the Court Resolved to APPROVE the same.
This Resolution shall take effect on February 2, 2008, following its
publication in three (3) newspapers of general circulation.
January 22, 2008.
THE RULE ON THE WRIT OF HABEAS DATA
SECTION 1. Habeas Data. - The writ of habeas data is a remedy
available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a
public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the
aggrieved party.
SEC. 2. Who May File. - Any aggrieved party may file a petition for
the writ of habeas data. However, in cases of extralegal killings and
enforced disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party,
namely: the spouse, children and parents; or
(b) Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph; or
SEC. 3. Where to File. - The petition may be filed with the Regional
Trial Court where the petitioner or respondent resides, or that which
has jurisdiction over the place where the data or information is
gathered, collected or stored, at the option of the petitioner.
The petition may also be filed with the Supreme Court or the Court
of Appeals or the Sandiganbayan when the action concerns public
data files of government offices.
SEC. 4. Where Returnable; Enforceable. - When the writ is issued
by a Regional Trial Court or any judge thereof, it shall be returnable
before such court or judge.
When issued by the Court of Appeals or the Sandiganbayan or any
of its justices, it may be returnable before such court or any justice
thereof, or to any Regional Trial Court of the place where the

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
petitioner or respondent resides, or that which has jurisdiction over
the place where the data or information is gathered, collected or
stored.
When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
Court of Appeals or the Sandiganbayan or any of its justices, or to
any Regional Trial Court of the place where the petitioner or
respondent resides, or that which has jurisdiction over the place
where the data or information is gathered, collected or stored.
The writ of habeas data shall be enforceable anywhere in the
Philippines.
Sec. 5. Docket Fees. - No docket and other lawful fees shall be
required from an indigent petitioner. The petition of the indigent shall
be docked and acted upon immediately, without prejudice to
subsequent submission of proof of indigency not later than fifteen
(15) days from the filing of the petition.
SEC. 6. Petition. - A verified written petition for a writ of habeas
data should contain:
(a) The personal circumstances of the petitioner and the respondent;
(b) The manner the right to privacy is violated or threatened and how
it affects the right to life, liberty or security of the aggrieved party;
(c) The actions and recourses taken by the petitioner to secure the
data or information;
(d) The location of the files, registers or databases, the government
office, and the person in charge, in possession or in control of the
data or information, if known;
(e) The reliefs prayed for, which may include the updating,
rectification, suppression or destruction of the database or
information or files kept by the respondent.
In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and
(f) Such other relevant reliefs as are just and equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the
court, justice or judge shall immediately order the issuance of the
writ if on its face it ought to issue. The clerk of court shall issue the
writ under the seal of the court and cause it to be served within three
(3) days from the issuance; or, in case of urgent necessity, the
justice or judge may issue the writ under his or her own hand, and
may deputize any officer or person serve it.
The writ shall also set the date and time for summary hearing of the
petition which shall not be later than ten (10) work days from the
date of its issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk
of court who refuses to issue the writ after its allowance, or a
deputized person who refuses to serve the same, shall be punished
by the court, justice or judge for contempt without prejudice to other
disciplinary actions.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 28
SEC. 9. How the Writ is Served. - The writ shall be served upon the
respondent by a judicial officer or by a person deputized by the
court, justice or judge who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally on the
respondent, the rules on substituted service shall apply.
SEC. 10. Return; Contents. - The respondent shall file a verified
written return together with supporting affidavits within five (5)
working days from service of the writ, which period may be
reasonably extended by the Court for justifiable reasons. The return
shall, among other things, contain the following:
(a) The lawful defenses such as national security, state secrets,
privileged communications, confidentiality of the source of
information of media and others;
(b) In case of respondent in charge, in possession or in control of the
data or information subject of the petition;
(i) a disclosure of the data or information about the petitioner, the
nature of such data or information, and the purpose for its collection;
(ii) the steps or actions taken by the respondent to ensure the
security and confidentiality of the data or information; and,
(iii) the currency and accuracy of the data or information held; and,
(c) Other allegations relevant to the resolution of the proceeding.
A general denial of the allegations in the petition shall not be
allowed.
SEC. 11. Contempt. - The court, justice or judge may punish with
imprisonment or fine a respondent who commits contempt by
making a false return, or refusing to make a return; or any person
who otherwise disobeys or resist a lawful process or order of the
court.
SEC. 12. When Defenses May be Heard in Chambers. - A hearing
in chambers may be conducted where the respondent invokes the
defense that the release of the data or information in question shall
compromise national security or state secrets, or when the data or
information cannot be divulged to the public due to its nature or
privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The following
pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return, opposition, affidavit,
position paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or interim relief
orders; and
(l) Petition for certiorari, mandamus or prohibition against any
interlocutory order.
SEC. 14. Return; Filing. - In case the respondent fails to file a
return, the court, justice or judge shall proceed to hear the
petition ex parte, granting the petitioner such relief as the petition
may warrant unless the court in its discretion requires the petitioner
to submit evidence.
SEC. 15. Summary Hearing. - The hearing on the petition shall be
summary. However, the court, justice or judge may call for a
preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.
SEC. 16. Judgment. - The court shall render judgment within ten
(10) days from the time the petition is submitted for decision. If the
allegations in the petition are proven by substantial evidence, the
court shall enjoin the act complained of, or order the deletion,
destruction, or rectification of the erroneous data or information and
grant other relevant reliefs as may be just and equitable; otherwise,
the privilege of the writ shall be denied.
Upon its finality, the judgment shall be enforced by the sheriff or any
lawful officers as may be designated by the court, justice or judge
within five (5) working days.
SEC. 17. Return of Service. - The officer who executed the final
judgment shall, within three (3) days from its enforcement, make a
verified return to the court. The return shall contain a full statement
of the proceedings under the writ and a complete inventory of the
database or information, or documents and articles inspected,
updated, rectified, or deleted, with copies served on the petitioner
and the respondent.
The officer shall state in the return how the judgment was enforced
and complied with by the respondent, as well as all objections of the
parties regarding the manner and regularity of the service of the writ.
SEC. 18. Hearing on Officer’s Return. - The court shall set the
return for hearing with due notice to the parties and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45. The appeal may raise
questions of fact or law or both.
The period of appeal shall be five (5) working days from the date of
notice of the judgment or final order.
The appeal shall be given the same priority as in habeas
corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing of a petition
for the writ of habeas data shall not preclude the filing of separate
criminal, civil or administrative actions.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 29
SEC. 21. Consolidation. - When a criminal action is filed
subsequent to the filing of a petition for the writ, the latter shall be
consolidated with the criminal action.
When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of habeas data, the petition shall
be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall continue to
govern the disposition of the reliefs in the petition.
SEC. 22. Effect of Filing of a Criminal Action. - When a criminal
action has been commenced, no separate petition for the writ shall
be filed. The relief under the writ shall be available to an aggrieved
party by motion in the criminal case.
The procedure under this Rule shall govern the disposition of the
reliefs available under the writ of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not diminish,
increase or modify substantive rights.
SEC. 24. Suppletory Application of the Rules of Court. - The
Rules of Court shall apply suppletorily insofar as it is not inconsistent
with this Rule.
SEC. 25. Effectivity. - This Rule shall take effect on February 2,
2008, following its publication in three (3) newspapers of general
circulation.
CHANGE OF NAME
RULE 103
Change of Name
Section 1. Venue. — A person desiring to change his name shall
present the petition to the Court of First Instance of the province in
which he resides, or, in the City of Manila, to the Juvenile and
Domestic Relations Court.
Section 2. Contents of petition. — A petition for change of name
shall be signed and verified by the person desiring his name
changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province
where the petition is filed for at least three (3) years prior to the date
of such filing;
(b) The cause for which the change of the petitioner's name is
sought;
(c) The name asked for.
Section 3. Order for hearing. — If the petition filed is sufficient in
form and substance, the court, by an order reciting the purpose of
the petition, shall fix a date and place for the hearing thereof, and
shall direct that a copy of the order be published before the hearing
at least once a week for three (3) successive weeks in some
newspaper of general circulation published in the province, as the
court shall deem best. The date set for the hearing shall not be
within thirty (30) days prior to an election nor within four (4) month
after the last publication of the notice.
 SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 30
CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS

Section 4. Hearing. — Any interested person may appear at the SECTION 3. Effectivity Clause. – This Act shall take effect fifteen
hearing and oppose the petition. The Solicitor General or the proper (15) days from its publication in the Official Gazette or in two (2)
provincial or city fiscal shall appear on behalf of the Government of newspapers of general circulation.
the Republic.
IMPLEMENTING RULES AND REGULATIONS OF RA 9255
Section 5. Judgment. — Upon satisfactory proof in open court on
the date fixed in the order that such order has been published as
Rule 7. Requirements for the Child to Use the Surname of the
directed and that the allegations of the petition are true, the court
Father
shall, if proper and reasonable cause appears for changing the
name of the petitioner, adjudge that such name be changed in
accordance with the prayer of the petition. 7.1 For Births Not Yet Registered

Section 6. Service of judgment. — Judgments or orders rendered in 7.1.1 The illegitimate child shall use the surname of the father if a
connection with this rule shall be furnished the civil registrar of the public document is executed by the father, either at the back of the
municipality or city where the court issuing the same is situated, who Certificate of Live Birth or in a separate document.
shall forthwith enter the same in the civil register.
7.1.2 If admission of paternity is made through a private instrument,
RA 9255 the child shall use the surname of the father, provided the
ALLOWING ILLEGITIMATE CHILDREN registration is supported by the following documents:
TO USE THE SURNAME OF THEIR FATHER
xxxx
Republic of the Philippines
Congress of the Philippines 7.2. For Births Previously Registered under the Surname of the
Metro Manila Mother

Twelfth Congress 7.2.1 If filiation has been expressly recognized by the father, the
Third Regular Session child shall use the surname of the father upon the submission of the
accomplished AUSF [Affidavit of Use of the Surname of the Father].
Begun and held in Metro Manila, on Monday, the twenty-second day
of July, two thousand three. 7.2.2 If filiation has not been expressly recognized by the father, the
child shall use the surname of the father upon submission of a public
Republic Act No. 9255 February 24 2004 document or a private handwritten instrument supported by the
documents listed in Rule 7.1.2.

AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE

SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE 7.3 Except in Item 7.2.1, the consent of the illegitimate child is
ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE required if he/she has reached the age of majority. The consent may
KNOWN AS THE "FAMILY CODE OF THE PHILIPPINES" be contained in a separate instrument duly notarized.

Be it enacted by the Senate and House of Representatives of the xxxx

Philippines in Congress assembled:
Rule 8. Effects of Recognition
SECTION 1. Article 176 of Executive Order No. 209, otherwise
known as the Family Code of the Philippines, is hereby amended to 8.1 For Births Not Yet Registered
read as follows:
8.1.1 The surname of the father shall be entered as the last name of
"Article 176. Illegitimate children shall use the surname and shall be the child in the Certificate of Live Birth. The Certificate of Live Birth
under the parental authority of their mother, and shall be entitled to shall be recorded in the Register of Births.
support in conformity with this Code. However, illegitimate children
may use the surname of their father if their filiation has been xxxx
expressly recognized by the father through the record of birth
appearing in the civil register, or when an admission in a public
8.2 For Births Previously Registered under the Surname of the
document or private handwritten instrument is made by the
Mother
father. Provided, the father has the right to institute an action before
the regular courts to prove non-filiation during his lifetime. The
legitime of each illegitimate child shall consist of one-half of the 8.2.1 If admission of paternity was made either at the back of the
legitime of a legitimate child." Certificate of Live Birth or in a separate public document or in a
private handwritten document, the public document or AUSF shall
SECTION 2. Repealing Clause. – All laws, presidential decrees, be recorded in the Register of Live Birth and the Register of Births
as follows:
executive orders, proclamations, rules and regulations, which are
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly. "The surname of the child is hereby changed from (original surname)
to (new surname) pursuant to RA 9255."

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
The original surname of the child appearing in the Certificate of Live
Birth and Register of Births shall not be changed or deleted.
8.2.2 If filiation was not expressly recognized at the time of
registration, the public document or AUSF shall be recorded in the
Register of Legal Instruments. Proper annotation shall be made in
the Certificate of Live Birth and the Register of Births as follows:
"Acknowledged by (name of father) on (date). The surname of the
child is hereby changed from (original surname) on (date) pursuant
to RA 9255."
RULE 104
Voluntary Dissolution of Corporations
xxx N/A xxx
(Under the Corporation Code)
RULE 105
Judicial Approval of Voluntary Recognition
of Minor Natural Children
xxx N/A xxx
(Under the Family Code)
RULE 106
Constitution of Family Home
xxx N/A xxx
(Under the Family Code)
ABSENTEES
RULE 107
Absentees
Section 1. Appointment of representative. — When a person
disappears from his domicile, his whereabouts being unknown, and
without having left an agent to administer his property, or the power
conferred upon the agent has expired, any interested party, relative
or friend may petition the Court of First Instance of the place where
the absentee resided before his disappearance, for the appointment
of a person to represent him provisionally in all that may be
necessary. In the City of Manila, the petition shall be filed in the
Juvenile and Domestic Relations Court.
Section 2. Declaration of absence; who may petition. — After the
lapse of two (2) years from his disapperance and without any news
about the absentee or since the receipt of the last news, or of five (5)
years in case the absentee has left a person in charge of the
administration of his property, the declaration of his absence and
appointment of a trustee or administrative may be applied for by any
of the following:
(a) The spouse present;
(b) The heirs instituted in a will, who may present an authentic copy
of the same.
(c) The relatives who would succeed by the law of intestacy; and
(d) Those who have over the property of the absentee some right
subordinated to the condition of his death.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 31
Section 3. Contents of petition. — The petition for the appointment
of a representative, or for the declaration of absence and the
appointment of a trustee or an administrator, must show the
following:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs instituted in the
will, copy of which shall be presented, and of the relatives who
would succeed by the law of intestacy;
(c) The names and residences of creditors and others who may
have any adverse interest over the property of the absentee;
(d) The probable value, location and character of the property
belonging to the absentee.
Section 4. Time of hearing; notice and publication thereof. — When
a petition for the appointment of a representative, or for the
declaration of absence and the appointment of a trustee or
administrator, is filed, the court shall fix a date and place for the
hearing thereof where all concerned may appear to contest the
petition.
Copies of the notice of the time and place fixed for the hearing shall
be served upon the known heirs, legatees, devisees, creditors and
other interested persons, at least ten (10) days before the day of the
hearing, and shall be published once a week for three (3)
consecutive weeks prior to the time designated for the hearing, in a
newspaper of general circulation in the province or city where the
absentee resides, as the court shall deem best.
Section 5. Opposition. — Anyone appearing to contest the petition
shall state in writing his grounds therefor, and serve a copy thereof
on the petitioner and other interested parties on or before the date
designated for the hearing.
Section 6. Proof at hearing; order. — At the hearing, compliance
with the provisions of section 4 of this rule must first be shown. Upon
satisfactory proof of the allegations in the petition, the court shall
issue an order granting the same and appointing the representative,
trustee or administrator for the absentee. The judge shall take the
necessary measures to safeguard the rights and interests of the
absentee and shall specify the powers, obligations and remuneration
of his representative, trustee or administrator, regulating them by the
rules concerning guardians.
In case of declaration of absence, the same shall not take effect until
six (6) months after its publication in a newspaper of general
circulation designated by the court and in the Official Gazette.
Section 7. Who may be appointed. — In the appointment of a
representative, the spouse present shall be preferred when there is
no legal separation. If the absentee left no spouse, or if the spouse
present is a minor or otherwise incompetent, any competent person
may be appointed by the court.
In case of declaration of absence, the trustee or administrator of the
absentee's property shall be appointed in accordance with the
preceding paragraph.
Section 8. Termination of administration. — The trusteeship or
administration of the property of the absentee shall cease upon
order of the court in any of the following cases:

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(a) When the absentee appears personally or by means of an agent;
(b) When the death of the absentee is proved and his testate or
intestate heirs appear;
(c) When a third person appears, showing by a proper document
that he has acquired the absentee's property by purchase or other
title.
In these cases the trustee or administrator shall cease in the
performance of his office, and the property shall be placed at the
disposal of whose may have a right thereto.
CANCELLATION OR CORRECTION OF ENTRIES
IN THE CIVIL REGISTRY
RULE 108
Cancellation Or Correction Of Entries In The Civil Registry
Section 1. Who may file petition. — Any person interested in any
act, event, order or decree concerning the civil status of persons
which has been recorded in the civil register, may file a verified
petition for the cancellation or correction of any entry relating
thereto, with the Court of First Instance of the province where the
corresponding civil registry is located.
Section 2. Entries subject to cancellation or correction. — Upon
good and valid grounds, the following entries in the civil register may
be cancelled or corrected: (a) births: (b) marriage; (c) deaths; (d)
legal separations; (e) judgments of annulments of marriage; (f)
judgments declaring marriages void from the beginning; (g)
legitimations; (h) adoptions; (i) acknowledgments of natural children;
(j) naturalization; (k) election, loss or recovery of citizenship; (l) civil
interdiction; (m) judicial determination of filiation; (n) voluntary
emancipation of a minor; and (o) changes of name.
Section 3. Parties. — When cancellation or correction of an entry in
the civil register is sought, the civil registrar and all persons who
have or claim any interest which would be affected thereby shall be
made parties to the proceeding.
Section 4. Notice and publication. — Upon the filing of the petition,
the court shall, by an order, fix the time and place for the hearing of
the same, and cause reasonable notice thereof to be given to the
persons named in the petition. The court shall also cause the order
to be published once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province.
Section 5. Opposition. — The civil registrar and any person having
or claiming any interest under the entry whose cancellation or
correction is sought may, within fifteen (15) days from notice of the
petition, or from the last date of publication of such notice, file his
opposition thereto.
Section 6. Expediting proceedings. — The court in which the
proceeding is brought may make orders expediting the proceedings,
and may also grant preliminary injunction for the preservation of the
rights of the parties pending such proceedings.
Section 7. Order. — After hearing, the court may either dismiss the
petition or issue an order granting the cancellation or correction
prayed for. In either case, a certified copy of the judgment shall be
served upon the civil registrar concerned who shall annotated the
same in his record.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 32
RA 9048
REPUBLIC ACT NO. 9048 March 22, 2001
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL
REGISTRAR OR THE CONSUL GENERAL TO CORRECT A
CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY
AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL
REGISTER WITHOUT NEED OF A JUDICIAL ORDER,
AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF
THE CIVIL CODE OF THE PHILIPPINES
Be it enacted by the Senate and the House of Representatives of
the Philippines in Congress assembled:
Section 1. Authority to Correct Clerical or Typographical Error and
Change of First Name or Nickname – No entry in a civil register shall
be changed or corrected without a judicial order, except for clerical
or typographical errors and change of first name or nickname which
can be corrected or changed by the concerned city or municipal civil
registrar or consul general in accordance with the provisions of this
Act and its implementing rules and regulations.
Section 2. Definition of Terms – As used in this Act, the following
terms shall mean:
(1) "City or Municipal civil registrar" refers to the head of the local
civil registry office of the city or municipality, as the case may be,
who is appointed as such by the city or municipal mayor in
accordance with the provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who
has direct and personal interest in the correction of a clerical or
typographical error in an entry or change of first name or nickname
in the civil register.
(3) "Clerical or typographical error" refers to a mistake committed in
the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or the like,
which is visible to the eyes or obvious to the understanding, and can
be corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.
(4) "Civil Register" refers to the various registry books and related
certificates and documents kept in the archives of the local civil
registry offices, Philippine Consulates and of the Office of the Civil
Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National
Statistics Office which is the agency mandated to carry out and
administer the provision of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person
which may consist of one or more names in addition to the middle
and last names.
Section 3. Who May File the Petition and Where. – Any person
having direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or
nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the
record being sought to be corrected or changed is kept.

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
In case the petitioner has already migrated to another place in the
country and it would not be practical for such party, in terms of
transportation expenses, time and effort to appear in person before
the local civil registrar keeping the documents to be corrected or
changed, the petition may be filed, in person, with the local civil
registrar of the place where the interested party is presently residing
or domiciled. The two (2) local civil registrars concerned will then
communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in
foreign countries may file their petition, in person, with the nearest
Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the
consul general shall be processed in accordance with this Act and
its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of
first names or nicknames may be availed of only once.
Section 4. Grounds for Change of First Name or Nickname. – The
petition for change of first name or nickname may be allowed in any
of the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known
by that by that first name or nickname in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. – The petition shall be
in the form of an affidavit, subscribed and sworn to before any
person authorized by the law to administer oaths. The affidavit shall
set forth facts necessary to establish the merits of the petition and
shall show affirmatively that the petitioner is competent to testify to
the matters stated. The petitioner shall state the particular erroneous
entry or entries, which are sought to be corrected and/or the change
sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of
the registry book containing the entry or entries sought to be
corrected or changed.
(2) At least two (2) public or private documents showing the correct
entry or entries upon which the correction or change shall be based;
and
(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary
for the approval of the petition.
In case of change of first name or nickname, the petition shall
likewise be supported with the documents mentioned in the
immediately preceding paragraph. In addition, the petition shall be
published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation. Furthermore, the petitioner shall
submit a certification from the appropriate law enforcement agencies
that he has no pending case or no criminal record.
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 33
The petition and its supporting papers shall be filed in three (3)
copies to be distributed as follows: first copy to the concerned city or
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.
Section 6. Duties of the City or Municipal Civil Registrar or the
Consul General. – The city or municipal civil registrar or the consul
general to whom the petition is presented shall examine the petition
and its supporting documents. He shall post the petition in a
conspicuous place provided for that purpose for ten (10) consecutive
days after he finds the petition and its supporting documents
sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on
the petition and shall render a decision not later than five (5) working
days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with
the records of the proceedings to the Office of the Civil Registrar
General within five (5) working days from the date of the decision.
Section 7. Duties and Powers of the Civil Registrar General. – The
civil registrar general shall, within ten (10) working days from receipt
of the decision granting a petition, exercise the power to impugn
such decision by way of an objection based on the following
grounds:
(1) The error is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a person;
or
(3) The basis used in changing the first name or nickname of a
person does not fall under Section 4.
The civil registrar general shall immediately notify the city or
municipal civil registrar or the consul general of the action taken on
the decision. Upon receipt of the notice thereof, the city or municipal
civil registrar or the consul general shall notify the petitioner of such
action.
The petitioner may seek reconsideration with the civil registrar
general or file the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the
decision of the city or municipal civil registrar or of the consul
general within the period prescribed herein, such decision shall
become final and executory.
Where the petition is denied by the city or municipal civil registrar or
the consul general, the petitioner may either appeal the decision to
the civil registrar general or file the appropriate petition with the
proper court.
Section 8. Payment of Fees. – The city or municipal civil registrar or
the consul general shall be authorized to collect reasonable fees as
a condition for accepting the petition. An indigent petitioner shall be
exempt from the payment of the said fee.
Section 9. Penalty Clause. - A person who violates any of the
provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than six (6) years but not more than twelve
(12) years, or a fine of not less than Ten thousand pesos

CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS
(P10,000.00) but not more than One Hundred Thousand pesos
(P100,000.00), or both, at the discretion of the court.
In addition, if the offender is a government official or employee he
shall suffer the penalties provided under civil service laws, rules and
regulations.
Section 10. Implementing Rules and Regulations. - The civil
registrar general shall, in consultation with the Department of
Justice, the Department of Foreign Affairs, the Office of the Supreme
Court Administrator, the University of the Philippines Law Center
and the Philippine Association of Civil Registrars, issue the
necessary rules and regulations for the effective implementation of
this Act not later than three (3) months from the effectivity of this law.
Section 11. Retroactivity Clause. - This Act shall have retroactive
effect insofar as it does not prejudice or impair vested or acquired
rights in accordance with the Civil Code and other laws.
Section 12. Separability Clause. - If any portion or provision of this
Act is declared void or unconstitutional, the remaining portions or
provisions thereof shall not be affected by such declaration.
Section 13. Repealing Clause - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 14. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) national
newspapers of general circulation.
Approved: March 22, 2001
RA 10172
Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of
July, two thousand eleven.
REPUBLIC ACT NO. 10172
AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL
CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT
CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND
MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON
APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A
JUDICIAL ORDER, AMENDING FOR THIS PURPOSE REPUBLIC
ACT NUMBERED NINETY FORTY-EIGHT
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Section 1 of Republic Act No. 9048, hereinafter referred
to as the Act, is hereby amended to read as follows:
SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 34
"SECTION 1. Authority to Correct Clerical or Typographical Error
and Change of First Name or Nickname. – No entry in a civil register
shall be changed or corrected without a judicial order, except for
clerical or typographical errors and change of first name or
nickname, the day and month in the date of birth or sex of a person
where it is patently clear that there was a clerical or typographical
error or mistake in the entry, which can be corrected or changed by
the concerned city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its implementing rules
and regulations."
Section 2. Section 2, paragraph (3) of the Act is likewise amended
to read as follows:
"SEC. 2. Definition of Terms. – As used in this Act, the following
terms shall mean:
(1) xxx xxx
(2) xxx xxx
(3) ‘Clerical or typographical error’ refers to a mistake committed in
the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth, mistake in the
entry of day and month in the date of birth or the sex of the person
or the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by reference
to other existing record or records: Provided, however, That no
correction must involve the change of nationality, age, or status of
the petitioner."
Section 3. Section 5 of the Act is hereby amended to read as
follows:
"SEC. 5. Form and Contents of the Petition. – The petition for
correction of a clerical or typographical error, or for change of first
name or nickname, as the case may be, shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by
law to administer oaths. The affidavit shall set forth facts necessary
to establish the merits of the petition and shall show affirmatively
that the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries, which
are sought to be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of
the registry book containing the entry or entries sought to be
corrected or changed;
(2) At least two (2) public or private documents showing the correct
entry or entries upon which the correction or change shall be based;
and
(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary
for the approval of the petition.
No petition for correction of erroneous entry concerning the date of
birth or the sex of a person shall be entertained except if the petition
is accompanied by earliest school record or earliest school
documents such as, but not limited to, medical records, baptismal
certificate and other documents issued by religious authorities; nor
 SPECIAL PROCEEDINGS (Atty. Geraldine Quimosing-Tiu) 35
CODAL PROVISIONS – RULES OF COURT and SPECIAL LAWS

shall any entry involving change of gender corrected 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. The petition for change of
first name or nickname, or for correction of erroneous entry
concerning the day and month in the date of birth or the sex of a
person, as the case may be, shall be published at least once a week
for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the
appropriate law enforcements, agencies that he has no pending
case or no criminal record.
(c) Allows or disallows, in whole or in part, any claim against the
estate of a deceased person, or any claim presented on behalf of
the estate in offset to a claim against it;
(d) Settles the account of an executor, administrator, trustee or
guardian;
(e) Constitutes, in proceedings relating to the settlement of the
estate of a deceased person, or the administration of a trustee or
guardian, a final determination in the lower court of the rights of the
party appealing, except that no appeal shall be allowed from the
appointment of a special administrator; and

The petition and its supporting papers shall be filed in three (3) (f) Is the final order or judgment rendered in the case, and affects
copies to be distributed as follows: first copy to the concerned city or the substantial rights of the person appealing unless it be an order
municipal civil registrar, or the consul general; second copy to the granting or denying a motion for a new trial or for reconsideration.
Office of the Civil Registrar General; and third copy to the petitioner."

Section 2. Advance distribution in special proceedings. —

Section 4. Section 8 of the Act is hereby amended to read as
follows:
"SEC. 8. Payment of Fees. – The city or municipal civil registrar or
the consul general shall be authorized to collect reasonable fees as
a condition for accepting the petition. An indigent petitioner shall be
exempt from the payment of the said fee.
Notwithstanding a pending controversy or appeal in proceedings to
settle the estate of a decedent, the court may, in its discretion and
upon such terms as it may deem proper and just, permit that such
part of the estate may not be affected by the controversy or appeal
be distributed among the heirs or legatees, upon compliance with
the conditions set forth in Rule 90 of this rules.

The fees collected by the city or municipal civil registrar or the

consul general pursuant to this Act shall accrue to the funds of the
Local Civil Registry Office concerned or the Office of the Consul
General for modernization of the office and hiring of new personnel
and procurement of supplies, subject to government accounting and
auditing rules."

Section 5. Separability Clause. – If any provision of this Act shall at

any time be found to be unconstitutional or invalid, the remainder
thereof not affected by such declaration shall remain in full force and
effect.

Section 6. Repealing Clause. – Any laws, decrees, rules or

regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 7. Effectivity Clause. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved: AUG 15 2012

APPEALS IN SPECIAL PROCEEDINGS

RULE 109
Appeals in Special Proceedings

Section 1. Orders or judgments from which appeals may be taken.

— An interested person may appeal in special proceedings from an
order or judgment rendered by a Court of First Instance or a Juvenile
and Domestic Relations Court, where such order or judgment:

(a) Allows or disallows a will;

(b) Determines who are the lawful heirs of a deceased person, or the
distributive share of the estate to which such person is entitled;