SPECPRO

What is a special proceeding?
A special proceeding is a remedy by which a party seeks to establish a status, a right, or a

particular fact (Sec. 3[b], Rule 1, RC).
What is the difference between an action or special proceedings?

A civil action is one by which a party sues another for the enforcement or protection of a right, or
the prevention or redress of a wrong.
It is a formal demand of a right by one against the other.
It is adversarial in nature
A special proceeding is a remedy by which a party seeks to establish a status, a right, or a

particular fact.
It is a petition for a declaration of a status, right or fact.
It is non-adversarial in nature
What are the subject matter of special proceedings?

(a) Settlement of estate of deceased persons;
(b) Escheat;
(c) Guardianship and custody of children;
(d) Trustees;
(e) Adoption;
(f) Rescission and revocation of adoption;
(g) Hospitalization of insane persons;
(h) Habeas corpus;
(i) Change of name;
(j) Voluntary dissolution of corporations;
(k) Judicial approval of voluntary recognition of minor natural children;
(l) Constitution of family home;
(m) Declaration of absence and death;
(n) Cancellation or correction of entries in the civil registry.
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Is the enumeration of special proceedings in Section 1, Rule 72 exclusive?
NO
Give examples of special proceedings which are outside of Section 1, Rule 72

 Summary proceeding under the Family Code
 Actions mentioned under the Family Code
 Proceedings under the Child and Youth Welfare Code, Child Abuse Act, Child
Employment Act.
 Corporate rehabilitation
 Liquidation
 Writ of amparo
 Writ of habeas data
Are the rules in ordinary civil action applicable in special proceedings?

Yes, but only in the absence of applicable procedure (Section 2, Rule 72).
Is earnest effort to compromise applicable in special proceedings?

 NO. Since special proceeding is not a suit or ordinary action whereby a party sues another for
the enforcement of a right or prevention of a wrong, the requirement that no suit shall be filed
between the same members of the same family unless it should appear that earnest efforts toward
a compromise have been made, but the same have failed, does not apply to a special proceeding
(Vda de Manalo vs. CA, GR No. 129242, Janaury 16, 2001).
Is certification against forum shopping required in special proceedings?

 YES. Special provisions under Part II of the Rules of Court govern special proceedings; but in
the absence of special provisions, the rules provided for in Part I of the Rules governing ordinary
civil actions shall be applicable to special proceedings, as far as practicable. This means that in
the absence of special provisions, rules in ordinary actions may be applied in special proceedings
as much as possible and where doing so would not pose an obstacle to said proceedings which
includes the requirement of certification of non-forum shopping for complaints and initiatory
pleadings (Sheker vs. Estate of Alice Sheker, GR No. 157912, December 13, 2007).
SETTLEMENT OF ESTATE OF DECEASED PERSONS
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Does the MTC have jurisdiction over settlement of estate?
 YES.
 Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of provisional remedies in proper cases,
where the value of the personal property, estate, or amount of the demand does not exceed One
hundred thousand pesos (P300,000.00) or, in Metro Manila where such personal property, estate,
or amount of the demand does not exceed Two hundred thousand pesos (P400,000.00) exclusive
of interest damages of whatever kind, attorney's fees, litigation expenses, and costs (Section 33,
BP, 129).
DON’T BE CONFUSED
 Section 1. Where estate of deceased person settled. If the decedents is an inhabitant of the
Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or
letters of administration granted, and his estate settled, in the Court of First Instance in the
province in which he resides at the time of his death, and if he is an inhabitant of a foreign
country, the Court of First Instance of any province in which he had estate. The court first taking
cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the
exclusion of all other courts. The jurisdiction assumed by a court so far as it depends on the place
of residence of the decedent, or of the location of his estate, shall not be contested in a suit or
proceeding, except in an appeal from that court, in the original case, or when the want of
jurisdiction appears on the record (Rule 72).
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Where should the estate of the deceased be settled?
Section 1, Rule 73
Resident - The place where the deceased is a resident at the time of his death.
Nonresident - The place where deceased estate is located.
Please take NOTE:

Section 1, Rule 73, though it mentions “Court of First Instance” (now RTC)
pertains to VENUE and not JURISDICTION (Fule vs. CA,GR No. L-40502, November 29,
1976, 74 SCRA 200).
May a motion to dismiss for improper venue be filed in settlement of estate?

 IT DEPENDS.
 If improper venue is apparent on the face of the Petition, then a motion to dismiss may be
filed, otherwise, it may only be questioned in an appeal from the court in original case.
Please take NOTE:

 “The jurisdiction assumed by a court, so far as it depends on the place of residence of the
decedent, or of the location of his estate, shall not be contested in a suit or proceeding, except in
an appeal from that court, in the original case, or when the want of jurisdiction appears on the
record” (Section 1, Rule 73).
What is the extent of the jurisdiction of the probate court?

 A probate court acting as such exercises limited jurisdiction.
The said court is primarily concerned with the administration, liquidation, and distribution of the
estate. In fact the main function of a probate court is to settle and liquidate the estate of the
deceased either summarily or through the process of administration (Uy vs. CA, March 15,
2006).
 Thus it has the authority to:
1) determine heirs;
2) make a just and legal distribution of the estate (Solivio vs. CA, February 12, 1990).
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Heirs of Magdeleno Ypon vs. Ricaforte, July 8, 2013
 Petitioners, filed a complaint for Cancellation of Title and Reconveyance with Damages
(subject complaint) against respondent Ricaforte. In their complaint, they alleged that Magdaleno
Ypon (Magdaleno) died intestate leaving behind parcel of land covered by certificates of title.
Claiming to be the sole heir of Magdaleno, Ricaforte executed an Affidavit of Self-Adjudication
and caused the cancellation of the certificates of title and transferred it to Ricaforte’s name to the
prejudice of petitioners who are Magdaleno's collateral relatives and successors-in-interest.

 Ricaforte alleged that he is the lawful son of Magdaleno as evidenced by: (a) his certificate of
Live Birth; (b) two (2) letters from Polytechnic School; and (c) a certified true copy of his
passport. Further, by way of affirmative defense, he claimed that: (a) petitioners have no cause of
action against him; (b) the complaint fails to state a cause of action; and (c) the case is not
prosecuted by the real parties-ininterest, as there is no showing that the petitioners have been
judicially declared as Magdaleno's lawful heirs.

 While the foregoing allegations, if admitted to be true, would consequently warrant the reliefs
sought for in the said complaint, the rule that the determination of a decedent's lawful heirs
should be made in the corresponding special proceeding precludes the RTC, in an ordinary
action for cancellation of title and reconveyance, from granting the same. In the case of
Heirs of Teofilo Gabatan v. CA, the Court, citing several other precedents, held that the
determination of who are the decedent's lawful heirs must be made in the proper special
proceeding for such purpose, and not in an ordinary suit for recovery of ownership and/or
possession, as in this case
What is the rule in “Heirs of Magdaleno”?

 The declaration of heirship should be ventilated in settlement of estate proceedings, and
not in an ordinary civil action for recovery of ownership or reconveyance.
There is now a new rule:

 Treyes vs. Larlar, G.R. No. 232579, September 8, 2020.
 Unless there is a pending special proceeding for the settlement of the decedent's estate
or for the determination of heirship, the compulsory or intestate heirs may commence an
ordinary civil action to declare the nullity of a deed or instrument, and for recovery of
property, or any other action in the enforcement of their ownership rights acquired by
virtue of succession, without the necessity of a prior and separate judicial declaration of
their status as such. The ruling of the trial court shall only be in relation to the cause of
action of the ordinary civil action, i.e., the nullification of a deed or instrument, and
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recovery or reconveyance of property, which ruling is binding only between and among
the parties.
May the probate court pass upon title to properties claimed to be part of the estate of the
deceased?
 NO. Because the jurisdiction of the probate court is limited (Paciones, Jr., vs. Chuato-Ching,
August 9, 2005).
 HOWEVER, however if the purpose is only to determine whether such property should be
included in the inventory, then probate court can pass title on the property but the determination
of ownership is not conclusive but only provisional (Vda de Rodriguez vs. CA, July 20, 1979).
May the probate court pass upon the title of the property with finality?
IT MAY. The probate court may pass upon the issue of ownership where the interested parties
are the heirs who have all appeared in the proceeding and the rights of third parties are not
impaired (Munsayac-De Villa vs. CA, October 24, 2003).
Summary Settlement of Estate (Rule 74)
Methods of summarily
settling the estate of
deceased person
Extra-judicial Agreement in an Settlement of

settlement of action for small value estate
estate partition
Self-adjudication
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Extra-Judicial Settlement of Estate
Fundamental Requisites:
Decedent left no will and no debts
Heirs are all of age or minors are

represented by guardians
Detailed requisites:
 Decedent dies intestate
 There are no outstanding debts at the time of settlement
 Heirs are all of legal age or minors represented by judicial guardians or legal
representatives
 The settlement is made in a public instrument duly filed with register of deeds
 Publication of extrajudicial settlement once a week for three consecutive weeks
 Filing of bond equivalent to the value of personal property.
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HOW EFFECTED
Extra-Judicial Settlement
Self-adjudication
Execution of public By execution of affidavit of

instrument self-adjudication
Registration of public By filing of said affifavit with

instrument the Register of deeds
with the Register of Deeds
Posting of bond equivalent to Posting of bond equivalent to

the amount of personal the amount of personal
property property
Publication of the
Publication of the Deed affidavit
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Agreement in an action for partition
Requisites:
Decedent left no will and no debts
Heirs are all of age or minors are represented by

guardians
How Effected?
There must be an action for partition filed by any or all of the heirs. In the said action, the
parties entered into a compromise agreement to have the estate of the deceased settlement. This
compromise agreement will have to be approved by the Court where the action for partition is
pending.
Question
 Suppose an extra-judicial settlement of estate was executed by the three (3) children of the
deceased. The heirs complied with all the requisites of the Rules. Within two (2) years from the
settlement and distribution of estate, a person claiming to be an heir surfaced. Can this person
still claim from the estate of the deceased?
Answer
 YES.
 If it shall appear at any time within two (2) years after the settlement and distribution of an
estate in accordance with the provisions of either of the first two sections of this rule, that an heir
or other person has been unduly deprived of his lawful participation in the estate, such heir or
such other person may compel the settlement of the estate in the courts in the manner hereinafter
provided for the purpose of satisfying such lawful participation.….. (Section 4, Rule 74)
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Can a party to an extra-judicial settlement still assail its validity?
 IT DEPENDS.
A party who participated in the extra-judicial settlement of state has a period of two (2) years
after the settlement and distribution to assail the validity of the extra-judicial settlement of estate.
 After two years, such party is already barred (Pedrosa vs. CA, 353 SCRA 620).
PLEASE TAKE NOTE:

 Section 4, Rule 74 is only applicable to persons who have participated or taken part or had
notice of extra-judicial partition.(Pedrosa vs. CA, 353 SCRA 620)
 There is nothing in Section 4, Rule 74 which clearly shows a statute of limitation and a bar
against third person.
 It is not a bar of action against third person.
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 NO.
 An heir or interested person who was able to participate either in the extrajudicial or summary
settlement of estate of the decedent has a period of two (2) years after the settlement and
distribution to assail its validity. The prescriptive period stated under Section 4 applies only to
persons who participated, took part in, or had notice of the settlement of the estate provided
under Rule 74 (Pedrosa vs. CA, 353 SCRA 620).
PLEASE TAKE NOTE:
 Under Section 4, Rule 74 is only applicable to persons who have participated or taken part or
had notice of extra-judicial partition
 There is nothing in Section 4, Rule 74 which clearly shows a statute of limitation and a bar
against third person.
 It is not a bar of action against third person.
What is the remedy of an heir who is deprived of one’s share in the estate because he did not
participate, take part, or had no notice of the settlement of estate?
 An heir may file an action for re-conveyance within ten (10) years, which is based on an
implied trust (Teves vs. CA, October 13, 1999). This implied or constructive trust is an
obligation created by law, which an interested person may enforce within 10 year prescriptive
period. This prescriptive period shall commence upon the issuance of a new title over the
property (Marquez vs. CA, 300 SCRA 653) or from actual notice in case of unregistered deed
(Neri vs. Heirs of Uy, October 10, 2012).
Probate of the Will (Rules 75 to 77)

Why is probate of the will necessary?
Section 1, Rule 75
“Because no will shall pass either real or personal estate unless it is proved and allowed in the
proper court.”
What is the purpose of the probate of the will?

To determine the extrinsic validity of the will. The extrinsic validity of the will is determined
by its compliance with the requirements of the Civil Code for the validity of the will and on the
determination of whether the testator is of sound mind when he executed the same.
What is “due execution” of the will?
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 It means the testator’s voluntariness of making the dispositions in the will. The testator’s
capacity is also examined on this level, which looks into the soundness of the mind of the
testator.
 Soundness of mind refers to knowledge of:

◦ Nature of estate
◦ Object of bounty
◦ Character of testamentary act
May a probate court pass upon the intrinsic validity of the will?
 The general rule is that the probate court cannot inquire into the intrinsic validity of the will
 BUT:
 If the intrinsic defect is apparent from the will, say for instance absolute preterition, then the
probate may pass upon the intrinsic validity of the will. (Nepomuceno vs. CA; Nuguid vs
Nuguid; Cayetano vs. Leonides)
Person who may file for petition for allowance of the will
Executor Devisee
Legatee
Or any other person interested in the estate
TESTATOR HIMSELF DURING HIS LIFE TIME
Procedural Flow
1. Filing of Petition
2. Issuance of an Order setting the case for hearing
3. Publication of the Order for three (3) consecutive times in the news paper of general
circulation in the province
4. Heirs, devisee, legatees and executors shall be notified
How will is proved?

If not contested
Notarial will
 It may be proved by one subscribing witness
Holographic will
 It may be proved by one witness who knows the handwriting and signature of the testator
or expert witness
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How will is proved?
If contested
Notarial will
 All subscribing witnesses and notary public must testify
But if the subscribing witnesses testify against it, the will may still be allowed on the basis of the
testimony of other witnesses
Section 11, Rule 76

How will is proved?
If contested Holographic will
3 witnesses who know that handwriting and signature
In the absence of competent witnesses, expert witness
Section 11, Rule 76

How will is proved?
If the testator himself filed Holographic will
The fact that the testator affirms the will and his signature If opposed, the burden is on the
oppositor
Section 12, Rule 76

How is a lost or destroyed will proved?
  By proving its execution and validity
 Will is shown to have been in existence at the time of the death of the testator
  It was fraudulently or accidentally destroyed in the lifetime of the testator without his
knowledge.
  The provision of the will must be proved by two credible witnesses.
Grounds for disallowing a will

 (a) If not executed and attested as required by law;
 (b) If the testator was insane, or otherwise mentally incapable to
make a will, at the time of its execution;
 (c) If it was executed under duress, or the influence of fear, or
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threats;
 (d) If it was procured by undue and improper pressure and
influence, on the part of the beneficiary, or of some other person for
his benefit;
 (e) If the signature of the testator was procured by fraud or trick,
and he did not intend that the instrument should be his will at the
time of fixing his signature thereto.
Section 9, Rule 76
Allowance of the will proved outside the
Philippines
What must
be proved:
The due
execution of
the will in
accordance
with foreign
law
The testator
is a resident
of the foreign
country
The will has
been
admitted to
probate
It was
allowed by a
probate
court
The laws of a
foreign
country on
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procedure
and
allowance of
will
Vda. De Perez vs. Tolete,
June 2, 1994 Rule 77
Who are authorized to serve as executor or
administrator?
 Sec. 1, Rule 78
 ONE WHO IS NOT:
◦ (a) a minor;
◦ (b) not a resident of the Philippines; and
◦ (c) Is in opinion of the court unfit to execute the
duties of the trust by reason of drunkenness,
improvidence, or want of understanding or
integrity, or by reason of conviction of an
offense involving moral turpitude.
To whom shall letters testamentary be issued?
SECTION 4. Letters Testamentary
Issued When Will Allowed. — When a will
has been proved and allowed, the court shall
issue letters testamentary thereon to the
person named as executor therein, if he is
competent, accepts the trust, and gives bond as
required by these rules. (Rule 78)
To whom shall letters administration be issued?
 If no executor is named in the will, or the executor or executors are incompetent,
refuse the trust, or fail to give bond, or a person dies intestate, administration shall be
granted:
 (a) To the surviving husband or wife, as the case may be, or next of kin, or both,
in the discretion of the court, or to such person as such surviving husband or wife, or
next of kin, requests to have appointed, if competent and willing to serve;
 (b) If such surviving husband or wife, as the case may be, or next of kin, or the
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person selected by them, be incompetent or unwilling, or if the husband or widow, or
next of kin, neglect for thirty days after the death of the person to apply for
administration or to request that administration be granted to some other person, it
may be granted to one or more of the principal creditors, if competent and willing
to serve;
 (c) If there is no such creditor competent and willing to serve, it may be granted to
such other person as the court may select.
PLEASE TAKE NOTE:
 In determining who should be appointed as
administrator, the primary consideration is the
interest in the said estate of the one to be
appointed.
THUS, the preference in Section 6, Rule 78 is
not mandatory (De Guzman vs. Licolioc,
April 19, 1939).
When may a special administrator
be appointed?
When there is delay in granting letters
testamentary or of administration by any cause
including an appeal from the allowance or
disallowance of a will, the court may appoint a
special administrator to take possession and
charge of the estate of the deceased until the
questions causing the delay are decided and
executors or administrators appointed (Sec. 1,
Rule 80).
Claims against the Estate
(Rule 86)
Section 1. Notice to creditors to be issued
by court. — Immediately after granting
letters testamentary or of administration,
the court shall issue a notice requiring all
persons having money claims against the
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decedent to file them in the office of the
clerk of said court.
Within what period should the claim be filed?
 Section 2. Time within which claims shall be filed. — In the notice
provided in the preceding section, the court shall estate the time
for the filing of claims against the estate, which shall not be
more than twelve (12) not less than six (6) months after
the date of the first publication of the notice. However, at
any time before an order of distribution is entered, on
application of a creditor who has failed to file his claim within
the previously limited, the court may, for cause shown and on
such terms as are equitable, allow such claim to be filed
within a time not exceeding one (1) month.
PLEASE TAKE NOTE:
Section 2, Rule 86 is what we call:
STATUTES OF NON-CLAIMS
What is the statute of non-claims?
 It is a period fixed for the filing of claims against the
estate, such that claims not filed within said period are
barred forever. It is subject to the following guidelines:
◦ 1. Period fixed must not be less than 6 months nor
more than 12 months from the date of the first
publication.
◦ 2. Such period is mandatory.
◦ 3. The statute on non-claims supersedes the statute of
limitation.
PLEASE TAKE NOTE:
 There are two exceptions to the statute of
non-claims:
 First, the creditor may apply with the court for a
new period not exceeding one month before the
entry of order of distribution for good cause shown
(Sec. 2, Rule 86).
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 Second, creditor can set up his claim as a
counterclaim in an action filed by the executor or
administrator (Sec. 5, Rule 86).
Problem 1
After an administrator was appointed by the
Court, the Court where the settlement of estate
was pending, issued an order requiring all claimants
to the estate of the deceased to file their claims
within seven (7) months from the date of the first
publication of said Order. Creditor A was not able
to file his claim within said period. Would it still
be possible for Creditor A to file his claim?
ANSWER
Section 2, Rule 86
 Yes. Under Section 2, Rule 86, at any time
before an order of distribution is entered,
on application of a creditor who has failed to file
his claim within the previously limited, the court
may, for cause shown and on such terms as are
equitable, allow such claim to be filed within
a time not exceeding one (1) month.
What are the claims that must be filed?
 Section 5. Claims which must be filed under the notice. If not
filed, barred; exceptions. — All claims for money against the
decedent, arising from contract, express or implied,
whether the same be due, not due, or contingent, all claims
for funeral expenses and expense for the last sickness
of the decedent, and judgment for money against the
decedent, must be filed within the time limited in the notice;
otherwise they are barred forever, except that they may be
set forth as counterclaims in any action that the executor or
administrator may bring against the claimants.
What are the claims that
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must be filed?
All money claims arising from contract express or
implied
All claims for funeral expenses
Expense for last sickness of the decedent
Judgement for money against the decedent
Problem 2
The administrator of the estate of Don
Mariano filed a collection suit against Lito.
During his lifetime however, Don Mariano was
indebted to Lito. Unfortunately, Lito was not
able to file his claim within the time set by the
Court. Would it be possible for Lito to
still claim his credit from the estate of
Don Mariano?
Answer
Yes, it is still possible for Lito to claim his
credit from the estate of Don Mariano.
Under Section 5, Rule 86, the claim of
the creditor may be set up a
counterclaim instead of filing it as an
independent claim in the settlement of
estate court.
Section 5 Rule 86 must be related to Section 20,
Rule 3
 Section 20. Action and contractual money claims. When the
action is for recovery of money arising from contract, express
or implied, and the defendant dies before entry of final
judgment in the court in which the action was pending at
the time of such death, it shall not be dismissed but shall
instead be allowed to continue until entry of final judgment. A
favourable judgment obtained by the plaintiff therein shall
be enforced in the manner especially provided in
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these Rules for prosecuting claims against the estate
of a deceased person.
Problem 3
 D during his lifetime contracted a loan with PNB.
D was not able to pay the loan. PNB filed a
collection suit against D. While the case was
pending, D died.
Will the collection suit filed by PNB be dismissed
on account of the death of D?
 Should there be a final judgment already,
may this judgment be executed?
Answer 1
 NO. Under Section 20, Rule 3, when the action is for
recovery of money arising from contract, express or implied,
and the defendant dies before entry of final judgment in the
court in which the action was pending at the time of such
death, it shall not be dismissed but shall instead be allowed
to continue until entry of final judgment. A favourable
judgment obtained by the plaintiff therein shall be enforced
in the manner especially provided in these Rules for
prosecuting claims against the estate of a deceased person.
Answer 2
The judgment may not be executed.
Under Section 5, Rule 86, a favourable
judgment obtained by the plaintiff
shall be enforced in the settlement of
estate of the decedent.
 Rule 86, Section 7. Mortgage debt due from estate. — A creditor holding a claim
against the deceased secured by mortgage or other collateral security, may 1.
abandon the security and prosecute his claim in the manner provided in
this rule, and share in the general distribution of the assets of the estate;
or 2. he may foreclose his mortgage or realize upon his security, by action
in court, making the executor or administrator a party defendant, and if
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there is a judgment for a deficiency, after the sale of the mortgaged
premises, or the property pledged, in the foreclosure or other proceeding
to realize upon the security, he may claim his deficiency judgment in the
manner provided in the preceding section or 3. he may rely upon his
mortgage or other security alone, and foreclosure the same at any time
within the period of the statute of limitations, and in that event he shall
not be admitted as a creditor, and shall receive no share in the distribution
of the other assets of estate; but nothing herein contained shall prohibit the
executor or administrator from redeeming the property mortgaged or pledged, by
paying the debt for which it is held as security, under the direction of the court, if the
court shall adjudge it to be for the best interest of the estate that such redemption
shall be made.
3 remedies available to enforce mortgage against
the decedent
To waive the mortgage and claim the entire debt from
the estate of the mortgagor
To foreclose the mortgage judicially and prove the
deficiency as an ordinary claim against the estate
To rely on the mortgage exclusively, or other security
and foreclose the same at anytime. Here no claim for
deficiency is allowed.
Illustration
 The decedent, during his lifetime, obtained a loan from the bank.
The loan is secured by a real estate mortgage. Roberto, one of the
heirs, was appointed as the administrator of the estate of the
decedent. The settlement court issued notice for all the claimants
to file their claims. No one filed a claim, including the bank. The
heirs of Roberto agreed to a partition without first paying the
bank. Later, the bank foreclosed the real estate mortgaged, sold the
property in a public auction which declared the bank as the highest
bidder. However, there was deficiency. Thus, the bank filed against
the estate in the settlement court.
 Should the claim be entertained?
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Heirs of Maglasang vs. Metrobank
(September 23, 2013)
No. because having
foreclosed the mortgage, it
relied on the security and
waived the right to claim the
deficiency.
 Rule 86, Section 7. Mortgage debt due from estate. — A creditor
holding a claim against the deceased secured by mortgage or other
colateral security, may 1. abandon the security and prosecute his
claim in the manner provided in this rule, and share in the
general distribution of the assets of the estate; or 2. he may
foreclose his mortgage or realize upon his security, by action
in court, making the executor or administrator a party
defendant, and if there is a judgment for a deficiency, after
the sale of the mortgaged premises, or the property pledged,
in the foreclosure or other proceeding to realize upon the
security, he may claim his deficiency judgment in the manner
provided in the preceding section or 3. he may rely upon his
mortgage or other security alone, and foreclosure the same
at any time within the period of the statute of limitations,
and in that event he shall not be admitted as a creditor, and
shall receive no share in the distribution of the other assets
of estate; but nothing herein contained shall prohibit the executor or
administrator from redeeming the property mortgaged or pledged, by
paying the debt for which it is held as security, under the direction of
the court, if the court shall adjudge it to be for the best interest of the
estate that such redemption shall be made.
Actions which may be brought by or against
executors or administrator
Section 1, Rule 87:
Actions to recover real
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or personal property
or interest therein
Actions to recover
damages for an injury
to persons or
property, whether real
or personal
Section 1, Rule 87 must be related to Section 16,
Rule 3
 Section 16, Rule 3
 Death of party; duty of counsel. — Whenever a party to a pending action dies,
and the claim is not thereby extinguished, it shall be the duty of his
counsel to inform the court within thirty (30) days after such death of the
fact thereof, and to give the name and address of his legal representative or
representatives. Failure of counsel to comply with his duty shall be a ground
for disciplinary action.
 The heirs of the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor heirs.
Problem 4
While D was driving his car, he hit C, a pedestrian
causing the latter’s permanent disability. C filed a
case for damages against D. While the case is
pending, D died.
Will the case be dismissed?
 Supposing there is already a final judgment,
how would you execute the judgment?
Answer 1
 The case will not be dismissed on account of the
death of D. This is an action which survives as it is an
action to recover damages for an injury to person
which may be brought against the executor or
administrator under Section 1, Rule 87. Instead of
23
being dismissed, the deceased party will be
substituted by the heirs of the decedent if executor
or administrator had not yet been appointed.
Answer 2
The judgment may be executed through
execution of the same against the estate of D.
It is not necessary to have such claim be filed
in the estate proceedings of the deceased
because it is something which may be enforced
against the estate through executor or
administrator.
May the heirs bring suit for or in behalf of the
estate?
Borromeo vs.
Borromeo doctrine:
If the executor or
administrator refuses
to bring suit
When the executor or
administrator is
alleged to have
participated in the act
complained of
May a creditor bring action in the name of
the executor or administrator?
 There is deficiency of assets in the hands of the hand of the executor
or administrator for the payment of debts
 The deceased during his lifetime had made a fraudulent conveyance of
his real or personal property
 The subject of the conveyance would be liable to attachment by
anyone of them during his lifetime
 Executor or administrator has no intention to file
 Motion for leave is granted
24
 Bond is filed by the creditor
 Action must be in the name of the executor or administrator
(Section 10, Rule 87)
When may distribution and
partition be made?
(Section1 Rule 90)
When the debts, funeral
expenses, expenses of
administration, the allowance of
the widow and inheritance tax
have been paid.
Can there be distribution without payment
of the charges and claims against the
estate
(Section1 Rule 90)
Yes, when the distributees or
any of them gives a bond
conditioned upon payment of
said obligation
Section 1, Rule 90
 Section 1. When order for distribution of residue made. — When the debts, funeral
charges, and expenses of administration, the allowance to the
widow, and inheritance tax, if any, chargeable to the estate in
accordance with law, have been paid, the court, on the application of the
executor or administrator, or of a person interested in the estate, and after hearing upon
notice, shall assign the residue of the estate to the persons entitled to the same, naming
them and the proportions, or parts, to which each is entitled, and such persons may demand
and recover their respective shares from the executor or administrator, or any other person
having the same in his possession. If there is a controversy before the court
as to who are the lawful heirs of the deceased person or as the
distributive shares to which each person is entitled under the law,
the controversy shall be heard and decided as in ordinary cases.
When is a settlement of estate deemed
25
terminated?
 It is the order of distribution directing the
delivery of the residue of the estate to the
persons entitled thereto that brings to a close
the intestate proceedings, puts an end to the
administration and relieves the administrator
of his duty.
PCIB vs Escolin, March 29, 1974
Anticipated Bar Problem
 With approval of the project of partition and the
distribution of the residue of the estate to the heirs, the
court declared the settlement of estate closed and
terminated. One of the heirs surfaced. Obviously, he was
not included in the project of partition.
 What is the remedy of such heir?
 May such heir file an independent action to annul
such order of partition?
Answer 1
 Such heir may file a motion for the re-opening
of intestate proceedings. In Quion vs.
Claridad, 74 Phil. 100, it was held that the
intestate proceedings although closed and
terminated can still be re-opened within the
prescriptive period upon petition therefore of
the preterited heir.
Alternative Answer
 Such heir has lost his remedy. In Divinagracia
vs. Rovina, 72 SCRA 307, The SC ruled that
the probate court erred in reopening the
intestate proceeding, a proceeding in rem of
which the petitioner is deemed to have a
constructive notice. The order of closing it was
already final and executory. The closure order
26
cannot be disturbed anymore.
Answer 2
No. An independent action will not prosper. In
Solivio vs. CA, 182 SCRA 119, the SC ruled
that the filing of a separate action is improper.
To allow such is to interfere with the probate
proceedings with the court of equal
jurisdiction.
Instances when the probate court may issue writ
of execution
To satisfy the contributive shares of the
devisees, legatees and heirs in possession of
the decedent assets (Sec. 6, Rule 88)
To enforce payment of expenses of partition
(Sec. 3, Rule 90)
To satisfy the cost when a person is cited for
examination (Sec. 13, Rule 142)
Rule 91, Escheats
 Escheat is a proceeding whereby the state, by
virtue of its sovereignty, steps in and claims the
real or personal property of a person who dies
intestate leaving no heir. (Republic vs. Court of
Appeals, and Solano, G.R. No. 143483,
January 31, 2002).
Rule 91, Escheats
 Escheat is a proceeding whereby the state, by
virtue of its sovereignty, steps in and claims the
real or personal property of a person who dies
intestate leaving no heir. (Republic vs. Court of
Appeals, and Solano, G.R. No. 143483,
January 31, 2002).
Requisites for Escheat
 That the person died intestate
27
 That he left no heirs or persons entitled by law to
the estate
 That deceased left properties
 Section 1, Rule 91
3 Kinds of Escheat
Under Section 1, Rule 91
Under Section 5, id., - reversion of property
alienated in violation of the constitution or law
Under Act no. 3936 – unclaimed balances in the
bank
Where to file?
RTC of the last residence of
the deceased, in case of
resident of the Philippines
RTC of the place of his estate
in case of non-residence
Who may file the petition?
 It must be initiated by the OSG.
 All interested parties, such as actual occupants and the
adjacent owners shall be personally notified of the proceedings
and given the opportunity to present their valid claims. (Tan
vs. City of Davao, Sept. 26, 1988)
 “Interested party” is any person alleging to have a direct or
interest in the property sought to be escheated. (Republic
vs. Court of Appeals, and Solano, G.R. No. 143483,
January 31, 2002)
Procedural Flow
Filing of
Petition
Issuance
of Order
If sufficient in form
and substance
28
Hearing shall not
be more than 6
months
Publish once a week
for 6 successive
weeks
Hearing
Jurisdiction
facts
Judgment
Assign personal
property to
Municipality of his last
residence
Assign real property
where it is situated
Non-resident –
assigned the properties
where they are located
May the court declare a person presumptively dead in
an escheat proceeding?
 YES.
 Vicente Tan vs. City of Davao, September 29, 1988
 The Court of Appeals did not err in affirming the trial court's ruling that
Dominga Garcia and her heirs may be presumed dead in the escheat
proceedings as they are, in effect, proceedings to settle her estate.
Indeed, while a petition instituted for the sole purpose of securing a
judicial declaration that a person is presumptively dead cannot be
entertained if that were the only question or matter involved in the
case, the courts are not barred from declaring an absentee
presumptively dead as an incident of, or in connection with, an action or
proceeding for the settlement of the intestate estate of such absentee.
Deceased A’s property was escheated by
29
the State. Within five (5) years from the
date of judgment, an heir appeared.
 1. What is the remedy of this heir?
 2. What will be the effect of his
appearance?
Sec. 4, Rule 91
 If a devisee, legatee, heir, widow, widower or other
person entitled to such estate appears and files a
claim thereto with the court within five (5) years
from the date of such judgment, such person shall
have possession of and title to the same, or if sold,
the municipality or city shall be accountable to him
for the proceeds, after deducting reasonable charges
for the care of the estate; but a claim not made
within said time shall be forever barred.
Sec. 7, Article XII
 Save in cases of hereditary succession, no private lands shall
be transferred or conveyed except to individuals,
corporations or associations qualified to acquire or hold land
of public domain.
Sec. 5, Rule 91
 Until otherwise provided by law, actions for reversion or
escheat of properties alienated in violation of the
Constitution or of any statute shall be governed by this rule,
except that the action shall be instituted in the province
where the land lies in whole or in part.
Escheat under RA 3936
Who shall file? Solicitor General
Under whose
name the
petitioner shall
be filed?
Under the name of
30
People of the Philippines
Where to file? RTC of the place where
the bank is located
Who shall be
join as parties?
Bank, creditor and
depositor
Rule 92 to 97
GUARDIANSHIP
Concept
It is a trust relation in which one
person called a “guardian” acts for
another called “ward” whom the law
regards as incapable of managing his
own affairs.
Purpose
To safeguard the rights and interests of
minor and incompetent persons such
that the Courts should be vigilant to
see that the rights of such persons are
properly protected.
Kinds of Guardian
Legal guardian
Guardian ad litem
Judicial Guardian
Legal Guardian
A legal guardian is such by provision of
law without need for judicial
appointment.
• Art. 225. The father and the mother shall jointly exercise
legal guardianship over the property of the unemancipated
common child without the necessity of a court
appointment. In case of disagreement, the father's decision
31
shall prevail, unless there is a judicial order to the contrary
(Family Code).
Guardian Ad Litem
Guardian ad litem is a
competent person
appointed by the court for
the purpose of a particular
action or proceeding
involving a minor.
Judicial Guardian
Judicial guardian is a person
appointed by the Court for the
persons, property or both of
the ward to represent the
latter in all acts and litigations.
Rules Governing Guardianship
• Rules of Court, Rule 92 to
Rule 97 Incompetents
• A.M. No. 03-02-05-SC, May 1,
2003 – Rule on Guardianship
of Minor
Minors
Guardianship of Incompetents
Guardianship of Incompetents
 Who are incompetents?
◦ Persons suffering the penalty of civil interdiction
◦ 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
◦ Persons not being of unsound mind, but by reason of age, disease,
weak mind, and other similar causes, cannot, without outside aid, take
32
care of themselves and manage their property, becoming thereby an
easy prey for deceit and exploitation (Sec. 2, Rule 92)
Venue and Jurisdiction
Regional Trial Court of the place where the wards
resides.
Where the ward is NOT A RESIDENT of the
Philippines, the RTC of the place where his
property is situated.
Sec. 1, Rule
92
Appointment of Guardian
 Who may petition for appointment of guardian for resident?
◦ 1. Any relative, friend, or other person on behalf of a (resident
minor) or incompetent who has no parent or lawful guardian, 2. 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. 3. 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 4. Director of Health, in favor of
an insane person who should be hospitalized, or in favor of an
isolated leper. (Sec. 1, Rule 93)
Appointment of Guardian
 Who may petition for appointment of guardian for nonresident?
◦ 1. Any relative or 2. friend of such person, or 3. 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 nonresident is a (minor) or incompetent
rendering a guardian
necessary or convenient, it may appoint a guardian for such
estate. (Sec. 6, Rule 93)
33
Contents of the Petition
 1. Jurisdictional facts
 2. Fact of incompetency
 3. Names, ages and residences of the relatives of
incompetents, or person having the care of incompetent
 4. Probable value or character his estate
 5. Name of the person for whom letter of guardianship are
prayed for
 (Sec. 2, Rule 93)
Procedure
 1. Court shall set time for hearing and will issue notice.
(Sec. 3, Rule 93)
 2. Interested party may file an opposition (Sec. 4)
 3. Hearing on the merits (Sec. 5)
 4. Issuance of letters guardianship. (Sec. 5)
Please take Note:
“Publication
is not
required in
a Petition
for
appointmen
t of
guardians.”
Grounds for Opposition
 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.
34
Bond of Guardian
 1. Bond to be given before the letters of
guardianship is issued (Sec. 1, Rule 94)
 2. Bond is subject to the following conditions:
 To make and return inventory of property within
three (3) months
 To faithfully execute the duties of his trust
 To render true and just account of all the estate of
his ward.
When new bond may be required
 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 (Rule 94).
How to claim on the bond executed by the
guardian in case the guardian failed to perform
his obligation for the bond was issued
 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 94).
Selling and Encumbering the Property of the
Ward
The property of the ward can only be sold or
encumbered upon petition to be filed by the
guardian in the Court which issued letters of
guardianship.
35
The sale or encumbrance must be for the
benefit of the ward which benefit must be
shown to the Court (Sec. 1, Rule 95)
Please take NOTE:
 It is not necessary for the grant of authority to the guardian
to sell the estate of the ward to state that the income “is
insufficient to maintain the ward and his family or to
maintain and educate the ward when minor.” It is enough, as
other alternative of the law provides, that “it appears to the
satisfaction of the court that it is for the benefit of the ward
and his real estate or some part thereof should be sold, and
the proceeds thereof put out at interest, or invested in some
productive security” (Pardo de Tavera vs. El Hogar
Filipino, GR No. L-5893, February 28, 1956).
Procedure
 A Petition should be filed by the guardian (Sec. 1, Rule 95)
 Court shall issue an order directing the next of kin of the
ward, or all person interested in the state of the ward to
appear on the day and time set by the Court (Sec. 2, Rule
95)
 The petitioner and next of kin or any other interested
person will be heard (Sec. 3, Rule 95)
 The Court will either grant or deny the petition (Sec. 4,
Rule 95)
Please take NOTE:
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 (Sec. 4, Rule 95).
Powers and Duties of Guardians
 Basic obligation of the guardian is to have care and custody of
the person of his ward, and the management of his estate.
(Sec. 1, Rule 96)
36
 Pay the debts of the ward out of his personal estate (Sec. 2,
Rule 96)
 Settle accounts, collect debts, and prosecute and defend suit
for the ward (Sec. 3, Rule 96)
 To manage the estate frugally (Sec. 4, Rule 96)
 To make inventory and accounting (Sec. 6, Rule 96)
What action is to be taken if a person is suspected of
embezzling or concealing property of the ward?
 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 (Rule 96).
Please take NOTE:
 A guardianship court only has the power to cite such
person to obtain information on the property. Generally,
the guardianship court exercising special and limited
jurisdiction cannot actually order the delivery of the
property of the ward found to be embezzled, concealed
or conveyed. Only in extreme case where the property
of the ward or where his title thereto has been judicially
decided, may the court direct its delivery to the guardian
(Parco vs. CA, GR L-33152, January 30, 1982, citing
Cui vs. Piccio).
Termination of Guardianship
 When the person is no longer incompetent (Sec. 1, Rule
97)
37
 When the guardian is removed or resigned (Sec. 2, Rule
97)
 Grounds for removal:
◦ Insanity
◦ Incapable of discharging his trust or unsuitable therefore
◦ Mismanagement
Guardianship of Minor
(A.M. 03-02-05-SC)
Guardianship of Minor
(A.M. 03-02-05-SC)
 The Rule is applicable to petition for guardianship of the
person or property of the minor (Sec. 1)
 Parents are the legal guardians of the minor without necessity
of court appointment (Sec. 1)
 But: they have to file bond in accordance with Sec. 16.
 Vancil vs. Belmes, June 19, 2001
◦ Who between the mother and paternal grandmother should be
the guardian of the minor?
◦ It is the mother pursuant to Article 211 of the FC
Who may file the Petition?
1. Relative
2. Other person on behalf of the minor
3. Minor, himself, if fourteen (14) years or over.
4. DSWD or DOH for insane minor who needs to be hospitalized.
Section 2.
Venue and Jurisdiction
 Family Court of the province or city where
the minor resides
 If the minor resides in foreign country, in the
Family Court of the province or city where his
property is located.
Section 3.
Grounds
38
1. Death, continued absence, or incapacity of his
parents;
2. Suspension, deprivation or termination of parental
authority;
3. Remarriage of his surviving parent, if the latter is
found unsuitable to exercise parental authority; or
4. When the best interests of the minor so require.
Qualifications
 1. Moral character;
 2. Physical, mental and psychological condition;
 3. Financial status;
 4. Relationship of trust with the minor;
 5. Availability to exercise the powers and duties of a
guardian for the full period of the guardianship;
 6. Lack of conflict of interest with the minor; and
 7. Ability to manage the property of the minor. (Section 5)
Please take NOTE:
In Vancil vs. Belmes, G.R. No.
132223, June 19, 2001, the SC held that
courts should not appoint persons as
guardians who are not within the
jurisdiction of our courts for they will
find it difficult to protect the wards.
Who may be appointed in the absence of parents
or court-appointed guardian
1. Surviving grandparents;
2. Oldest brother or sister of minor over 21 years old;
3. Actual custodian of minor over 21 years old;
4. Relationship of trust with the minor;
5. Any other person in sound discretion of the court taking into account the
best interest of the child (Section 6)
Procedure
 Filing of Petition (Sec. 7)
39
 Setting of time and notice of hearing through the Court’s Order (Sec. 8)
 Order case study Report (Sec. 9)
 Opposition to petition (Sec 10)
 Hearing of Petition and Opposition (Sec. 11)
 Filing of bond (Sec. 14)
 Decision (Sec. 11)
 Final Decision shall be sent to LCR and RD (Sec. 13)
 If non-resident, petition may be filed with any relative or friend or any
person interested in the estate (Sec. 12)
Grounds for Removal
Guardian became insane
Incapable of discharging his trust
Unsuitable to discharge his trust
Mismanaged the property
Failed to render an account (Section 24)
Grounds for Termination
Ward is of legal age already
Death of the ward
Motu propio or verified motion
(Section 24)
Rule 102
Habeas Corpus
What is the coverage of the writ of habeas
corpus?
Deprivation of liberty
Deprivation of the rightful custody
of any person from the person
entitled thereto
Writ may be availed of under exceptional
circumstances:
There has been a deprivation of a constitutional
right resulting in the restraint of a person
The court has no jurisdiction to impose the
40
sentence
 Imposed penalty has been excessive as to such
excess
 (Go vs. Dimagiba, June 21, 2005)
Who may grant the writ?
 Supreme Court (Section 5, Article VIII, 1987
Constitution)
◦ Or any member thereof (Sec. 2, Rule 102)
◦ Writ issued by SC is enforceable anywhere in the
Philippines, (id.)
◦ Returnable before the SC, or any member thereof,
or before the CA or any member thereof, or the
RTC or any Judge thereof. (id.)
Court of Appeals (Section 9, B.P. 129)
◦Or any member thereof, (Sec. 2, Rule 102)
◦Writ issued by CA is enforceable anywhere
in the Philippines, (id.)
◦Returnable before the CA or any member
thereof, or the RTC or any Judge thereof.
(id.)
Regional Trial Court (Section 21, B.P.
129)
◦Or any judge thereof (Sec. 2, Rule 102)
◦Writ issued by RTC is enforceable within
its judicial region, (id.)
◦Returnable before the judge thereof, (id.)
 Sandiganbayan (Section 4 (c), par. 4, R.A. 8049, amended by
RA10660)
◦ The Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
41
certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in
cases filed or which may be filed under Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986:
◦ Provided, that the jurisdiction over these petitions shall not be
exclusive of the Supreme Court.
Who may file the Petition?
Section 3, Rule 102
By a party for
whose relief it is
intended
By some person on
behalf of the person
in whose behalf the
petition is filed
What are the form and contents of the Petition?
 The petition must be signed and verified by a party for whose relief it is
intended or some person on behalf of the person in whose behalf the petition
is filed.
 Must contain the following:
◦ That the person in whose behalf the application is made is imprisoned or
restrained
◦ The officer or name of the person by whom he is imprisoned or restrained.
◦ The place where he is so imprisoned or restrained, if known
◦ Copy of the commitment or cause of detention of such person, if it can it be
procured without impairing the efficiency of the remedy or, if the
imprisonment or restraint is without legal authority, such fact must be
shown.
◦ (Section 3, Rule 102)
OCA vs. Judge Perello, A.M. No. RTJ-05-1952, December
24, 2008
A judge cannot grant a writ of
42
habeas corpus without the pertinent
copies of detention and judgment of
conviction. To do so would be
contrary to the provision of
Section 3(d), Rule 102.
Instances where the writ are not allowed
 If the person is under custody by virtue of the process issued
by the court or judge
 By virtue of a judgment or order of a court of record which
has jurisdiction to issue the process, render judgment or make
order;
 If the person is charged;
 If the person is convicted;
 If the person is suffering imprisonment under lawful judgment.
 (Section 4, Rule 102)
Reason
 Under Section 1, Rule 102, the writ of habeas corpus extends
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.
 The remedy has one objective: to inquire into the cause of
detention of a person, and if found illegal, the court orders the
release of the detainee. If, however, the detention is proven
lawful, the habeas corpus proceedings terminates (In the
matter of Petition for Habeas Corpus of Kunting, April
19, 2006).
Problem 1
 Carla filed a complaint before the police station for rape against Louie
allegedly committed three (3) months ago. Louie was invited for
questioning in the police station regarding the complaint filed by Carla, to
which Louie acceded. However, instead of being just questioned, Louie was
detained. Louie protested the arrest. Consequently, through his lawyer,
43
Louie filed a Petition for Writ of Habeas Corpus before the Regional Trial
Court against the police officers who detained him.
 Meanwhile, an Information for rape was filed against Louie. Thus, the Court
where the case was raffled issued a commitment order to transfer the
custody of the accused from the police station to the BJMP.
 With this development, would it be proper for the Court to grant
the Petitioner for Writ of Habeas Corpus?
Answer
 No. It is not proper for the Court to grant the Petition for Writ of
Habeas Corpus.
 Section 4, Rule 102 provides for the instances where the writ shall not be
allowed. One of which is when the person is under custody by virtue of the
process issued by the court or judge. In this case, the Louie is under custody
because of the case filed against him in court and the commitment order
issued by the same court. Thus, there is legal ground to detain Louie.
 "[T]he filing of charges, and the issuance of the corresponding warrant of
arrest, against a person invalidly detained will cure the defect of that
detention or at least deny him the right to be released because of such
defect.“ (Sanchez vs. Demetriou, 227 SCRA 627 [1993]).
Problem 2
 Facts: Atty. Dalaig, head of the legal department of Comelec was
killed. PO1 Ampatuan was identified as the perpetrator.
Accordingly, he was arrested and subjected to an inquest
proceedings. Meanwhile, an administrative case for grave
misconduct was filed against PO1 Ampatuan. The Chief PNP, on
account of the administrative complaint filed against him,
subjected PO1 Ampatuan to a restrictive custody.
 Meanwhile, the Prosecutor’s Office recommended further
investigation on the criminal case filed against PO1 Ampatuan
and ordered his release. He was not released by the PNP.
 Will writ of habeas corpus lie?
Answer
 Writ of Habeas Corpus will not lie.
44
 The restrictive custody of PO1 Ampatuan is valid and in
accordance with law. Restrictive custody of the members
of the PNP facing administrative charges may be placed
under restrictive custody under RA 6975 as amended by
RA 8551.
 Therefore, the confinement of PO1 Ampatuan is by virtue
of the authority of the law.
 (Ampatuan vs. Macaraig, G.R. No. 142497,
June 29, 2010)
Velasco vs. CA, 245 SCRA 677
 Even granting that a person was illegally arrested, still
the petition for a writ of habeas corpus will not
prosper because his detention has become legal by
virtue of the filing before the trial court of the
complaint against him and by the issuance of the order
denying the accused’s motion to dismiss or grant bail
and granting the motion of the prosecution for the
issuance of a hold departure order. The order qualifies
as a process within the meaning of Section 4, Rule 102.
What happen if the petition is sufficient in form and
substance?
 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.
To whom “writ” is directed?
• The writ shall command him to have
the body of the person restrained of his
45
liberty before the court or judge
designated in the writ at the time and
place therein specified.
Officer
• The writ shall command the officer 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.
Non-officer
Section 6, Rule
102
Duty to make a “return”
 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 brought 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.
Contents of the Return
Section 10
 (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;
 (c) If the party is in his custody or power or is restrained by him, and is not
46
produced, particularly the nature and gravity of the sickness or infirmity of
such party by reason of which he cannot, without danger, be brought 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.
What to do after the “return” is filed
 Hearing in accordance with Section 12.
 Sufficiency of return
 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 13)
How to appeal the decision?
Section 3, Rule 41
• Period of ordinary appeal; appeal in habeas corpus
cases. — The appeal shall be taken within fifteen (15) days
from notice of the judgment or final order appealed from.
Where a record on appeal is required, the appellant shall
file a notice of appeal and a record on appeal within thirty
(30) days from notice of the judgment or final order.
However, an appeal in habeas corpus cases shall be
taken within forty-eight (48) hours from notice of
the judgment or final order appealed from.
Writ vs. Privilege of the Writ of Habeas Corpus
 A writ of habeas corpus is issued by the Court after finding that the
petition is sufficient in form and substance. It is an order commanding
the person who has custody of the person detained or an officer
commanding him to bring the person detained before the court on the
47
designated time and place.
 The privilege of the writ of habeas corpus is issued after the return is
filed and a hearing was conducted. If the Court finds the person is
illegally detained or whose custody is being possessed by a person who
is not authorized by law, the petition will be granted and the privilege of
the writ of habeas corpus will be issued.
Habeas Corpus Involving Custody of Minor
A.M. NO. 03-04-04-SC, APRIL
22, 2003
• RULE ON CUSTODY OF MINORS
AND WRIT OF HABEAS CORPUS IN
RELATION TO CUSTODY OF MINORS
Family Court’s Act of 1997
Section 5(b)
The family Court’s Act
of 1997” vested the
Family Court exclusive
original jurisdiction to
hear petitions for
custody of minors
Does the SC, CA have jurisdiction to entertain
PWHC involving minors?
Thornton vs. Thornton, G.R. No. 154598,
August 16, 2004
Madrinan vs. Madrinan, G.R. No. 159374,
July 12, 2007
Section 20, A.M. No. 03-04-04-SC
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.
48
 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.
Section 20
 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.
Rule 103
Change of Name
Venue
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. (Rule 103).
Grounds
 (a) when the name is ridiculous, dishonorable or extremely
difficult to write or pronounce;
 (b) when the change results as a legal consequence, as in
legitimation;
 (c) when the change will avoid confusion;
 (d) when one has continuously used and been known since
childhood by a Filipino name, and was unaware of alien
parentage;
49
Grounds
 (e) a sincere desire to adopt a Filipino name to erase signs of
former alienage, all in good faith and without prejudicing
anybody; and
 (f) when the surname causes embarrassment and there is no
showing that the desired change of name was for a fraudulent
purpose or that the change of name would prejudice public
interest (Republic v. Court of Appeals, G.R. No. 97906, 21
May 1992, 209 SCRA 189. See also Republic v.
Hernandez, G.R. No. 117209, 9 February 1996, 253
SCRA 509).
May illegitimate child use the father’s name?
 YES.
 R.A. No. 9255 which took effect on March 19, 2004,
amended Article 176 of the Family Code, allowing
illegitimate children to use the surname of their father
if their filiation has been expressly recognized by the
father through a record of birth appearing in the civil
register, or when an admission in a public document or
private handwritten instrument is made by the father.
May the name of a person be changed by virtue of
sex reassignment?
 NO.
 Before a person can legally change his given name, he
must present proper or reasonable cause or any
compelling reason justifying such change. 19 In addition,
he must show that he will be prejudiced by the use of
his true and official name. 20 In this case, he failed to
show, or even allege, any prejudice that he might suffer
as a result of using his true and official name (Silverio
vs. Republic, October 22, 2007).
May the name of a person be changed because of
change of gender?
50
 YES.
 Ultimately, we are of the view that where the person is biologically or
naturally intersex (Congenital Adrenal Hyperplasia, CAH) the determining
factor in his gender classification would be what the individual, like
respondent, having reached the age of majority, with good reason thinks of
his/her sex. Respondent here thinks of himself as a male and considering
that his body produces high levels of male hormones (androgen) there is
preponderant biological support for considering him as being male. Sexual
development in cases of intersex persons makes the gender classification at
birth inconclusive. It is at maturity that the gender of such persons, like
respondent, is fixed. (Republic vs. Cagandahan, September 12, 2008).
RULE 108
Cancellation or Correction of Entries in
Civil Registry
What are entries subject of cancellation or
correction?
 (a) births;
 (b) marriages;
 (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;
51
 (m) judicial determination of
filiation;
 (n) voluntary emancipation of a
minor; and
 (o) changes of name.
What is the nature of the proceeding under
Rule108?
 It is adversarial.
 The philosophy behind this requirement lies in the fact that the
books making up the civil register and all documents relating
thereto shall be prima facie evidence of the facts therein contained.
If the entries in the civil register could be corrected or changed
through mere summary proceedings and not through appropriate
action wherein all parties who may be affected by the entries are
notified or represented, the door to fraud or other mischief would
be set open, the consequence of which might be detrimental and
far reaching (Republic vs Kho, June 29, 2007, citing LabayoRowe v. Republic, 168 SCRA 294,
300-301).
If the indispensable or interested party is not
impleaded, will it make the proceedings void?
 Barco, whose minor daughter was allegedly fathered also by
Gustilo, however, sought to annul the trial court's decision,
claiming that she should have been made a party to the
petition for correction. Failure to implead her deprived the
RTC of jurisdiction, she contended. In dismissing Barco's
petition, this Court held that the publication of the order
of hearing under Section 4 of Rule 108 cured the failure to
implead an indispensable party. Thus, publication will cure
the defect (Republic vs Kho, 2007).
The procedure for change of name under Rule
103 was not followed but that of Rule 108, may
change of name be effected?
 With respect to the correction in Carlito's birth certificate of his
52
name from "Carlito John" to "Carlito", the same was properly
granted under Rule 108 of the Rules of Court. As correctly pointed
out by the CA, the cancellation or correction of entries involving
changes of name falls under letter "o" of the following provision of
Section 2 of Rule 108. Hence, while the jurisdictional requirements
of Rule 103 (which governs petitions for change of name) were not
complied with, observance of the provisions of Rule 108 suffices to
effect the correction sought for (Republic vs. Kho, 2007).
A. M. No. 07-9-12-SC
Rule on the Writ of
Amparo
To whom shall the remedy of amparo available?
 Available to any person whose right to life,
liberty and security is violated or threatened
with violation by an unlawful act or omission
of a public official or employee, or of a
private individual or entity.
 The writ shall cover extralegal killings and
enforced disappearances or threats thereof. (Sec.
1)
Nature of Amparo as a Remedy
Curative
Preventive
Coverage
Extra-judicial killing &
Enforced disappearances
It was originally conceived as a response to the
extraordinary rise in the number of killings and
enforced disappearances, and the perceived lack of
available and effective remedies to address these
extra-ordinary concerns (Rodriguez vs. Arroyo,
April 16, 2013)
Section 1, Amparo Rule
53
The petition for a writ of amparo is a remedy
available to any person whose right to life,
liberty and security is violated or threatened
with violation by an unlawful act or omission of
a public official or employee, or of a private
individual or entity.
The writ shall cover extralegal killings and
enforced disappearances or threats thereof.
Coverage
Canlas vs.
Napico
Homeowner
s Association,
June 5, 2008
Writ of amparo
does not protect
property or
commercial rights
Reyes vs.
Gonzales,
December 3,
2009
It does not
protect right to
travel
Caram vs.
Segui, August
5, 2014
It is not a proper
remedy to obtain
custody of minor
child
Canlas vs. Napico Homeowners Assn. June 5, 2008
54
Petitioners are being demolished from
their dwellings. They filed the petition
against the “unprincipled land official” to
hold them accountable for their
participation in the issuances of alleged
fraudulent and spurious title.
Canlas vs. Napico Homeowners Assn. June 5, 2008
 The threatened demolition of a dwelling by virtue of a final
judgment of the court, which in this case was affirmed with
finality by this Court in G.R. Nos. 177448, 180768, 177701,
177038, is not included among the enumeration of rights as
stated in the above-quoted Section 1 for which the remedy of
a writ of amparo is made available. Their claim to their dwelling,
assuming they still have any despite the final and executory
judgment adverse to them, does not constitute right to life,
liberty and security. There is, therefore, no legal basis for the
issuance of the writ of amparo.
Reyes vs. Gonzalez, Dec. 3, 2009
 A case for rebellion was filed against Reyes. Consequently, a
HDO was issued against him. Later, the case filed against him was
dismissed. However, the HDO was not lifted.
 He filed the petition claiming that his right to travel which is
included in the right to liberty is violated.
 Petition dismissed.
 The Court, in Secretary of National Defense et al. v. Manalo
et al., made a categorical pronouncement that the Amparo Rule
in its present form is confined to these two instances of
"extralegal killings" and "enforced disappearances"
Caram vs. Segui, August 5, 2014
 Petitioner Ma. Christina Yusay Caram (Christina) had an
amorous relationship with Marcelino Gicano Constantino III
(Marcelino) and eventually became pregnant with the latter's
child without the benefit of marriage. After getting pregnant,
55
Christina mislead Marcelino into believing that she had an
abortion when in fact she proceeded to complete the term of
her pregnancy. During this time, she intended to have the child
adopted through Sun and Moon Home for Children (Sun and
Moon) in Parañaque City to avoid placing her family in a
potentially embarrassing situation for having a second
illegitimate son.
 On July 26, 2009, Christina gave birth to Baby Julian at Amang Rodriguez
Memorial Medical Center, Marikina City. Sun and Moon shouldered all the
hospital and medical expenses. On August 13, 2009, Christina voluntarily
surrendered Baby Julian by way of a Deed of Voluntary Commitment to the
DSWD.
 On November 26, 2009, Marcelino suffered a heart attack and died without
knowing about the birth of his son. Thereafter, during the wake, Christina
disclosed to Marcelino's family that she and the deceased had a son that she
gave up for adoption due to financial distress and initial embarrassment.
Marcelino's family was taken aback by the revelation and sympathized with
Christina. After the emotional revelation, they vowed to help her recover and
raise the baby.
 They filed an amparo case against DSWD.
 Petition dismissed
 His pronouncement on the coverage of the writ was
further cemented in the latter case of Lozada, Jr. v.
Macapagal-Arroyo where this Court explicitly declared
that as it stands, the writ of amparo is confined only to
cases of extrajudicial killings and enforced
disappearances, or to threats thereof.
Cases
Pador vs. Arcayan,
March 12, 2013
Intrusion upon petitioner’s ampalaya
56
farm is merely violation of property
rights, which is beyond the protective
power of the writ of amparo.
Who may file?
 Aggrieved party
 Any member of the immediate family, namely: the spouse,
children and parents of the aggrieved party
 Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in
default of those mentioned in the preceding paragraph.
 Any concerned citizen, organization, association or institution, if
there is no known member of the immediate family or relative
of the aggrieved party.
 (Sec. 2)
Against whom may it be filed?
 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.
PLEASE TAKE NOTE:
Even if a person sought to be accountable
or responsible in an amparo petition is a
private individual or entity, the
government involvement remains an
indispensable element.
There must be state participation.
Navia vs. Pardico, 673 SCRA 618
Navia vs. Pardico, 673 SCRA 618
Enforced disappearance
• "the arrest, detention, abduction or any other form of
deprivation of liberty by agents of the State or by
57
persons or groups of persons acting with the
authorization, support or acquiescence of the
State, followed by a refusal to acknowledge the
deprivation of liberty or by concealment of the fate or
whereabouts of the disappeared person, which place
such a person outside the protection of the law."
Navia vs. Pardico, 673 SCRA 618
As thus dissected, it is now clear that for the protective writ of amparo
to issue, allegation and proof that the persons subject thereof are
missing are not enough. It must also be shown and proved by
substantial evidence that the disappearance was carried out by, or with
the authorization, support or acquiescence of, the State or a political
organization, followed by a refusal to acknowledge the same or give
information on the fate or whereabouts of said missing persons, with
the intention of removing them from the protection of the law for a
prolonged period of time. Simply put, the petitioner in an
amparo case has the burden of proving by substantial
evidence the indispensable element of government
participation.
Where to file?
Section 3
 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.
Where to file?
Section 3
 When issued by the Sandiganbayan or the Court of Appeals
58
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.
(Section 5)
 (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;
 (d) The investigation conducted, if any, specifying the names, personal circumstances,
and addresses of the investigating authority or individuals, as well as the manner and
conduct of the investigation, together with any report;
 (e) The actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person responsible for the
threat, act or omission; and
 (f) The relief prayed for.
Effect of Failure to comply with Section 5;
DISMISSAL
Canlas vs Napico Homeowners, 554 SCRA
208
Castillo vs. Cruz, 605 SCRA 628
Tapuz vs. Del Rosario, 554 SCRA 768
59
Relaxation of the Section 5
Razon vs. Tagitis, 606 SCRA 598 –
failure to attached supporting affidavits
Saez vs. Macapagal-Arroyo, 681
SCRA 678 – defective verification
Initial Action of the Court
 Section 6. Issuance of the Writ. — Upon the filing of the
petition, the court, justice or judge shall immediately order
the issuance of the writ if on its face it ought to issue. The
clerk of court shall issue the writ under the seal of the
court; or in case of urgent necessity, the justice or the judge
may issue the writ under his or her own hand, and may
deputize any officer or person to serve it.
 The writ shall also set the date and time for summary
hearing of the petition which shall not be later than seven (7)
days from the date of its issuance.
The issuance of the writ sets in motion
the amparo proceedings
What is to be filed by the respondent?
 Within five (5) working days - Verified written RETURN which shall
contain:
 The lawful defenses to show that the respondent did not violate or
threaten with violation the right to life, liberty and security of the aggrieved
party, through any act or omission;
 The steps or actions taken by the respondent to determine the fate or
whereabouts of the aggrieved party and the person or persons responsible
for the threat, act or omission;
 All relevant information in the possession of the respondent pertaining to
the threat, act or omission of the aggrieved;
 If the respondent is a public official or employee, the return shall further
state the actions that have been or will still be taken:
What is to be filed by the respondent?
 (i) to verify the identity of the aggrieved party;
60
 (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;
 (iii)to identify witnesses and obtain statements from them concerning the
death or disappearance;
 (iv)to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought about
the death or disappearance;
 (v) to identify and apprehend the person or persons involved in the death or
disappearance; and
 (vi)to bring the suspected offenders before a competent court.
PLEASE TAKE NOTE:
 THE PERIOD TO FILE A RETURN CANNOT
BE EXTENDED EXCEPT ON HIGHLY
MERITORIOUS GROUND.
 The return shall also state other matters
relevant to the investigation, its resolution and
the prosecution of the case.
 A general denial of the allegations in the
petition shall not be allowed.
TAKE NOTE:
RETURN should be filed not
an ANSWER
Take Note:
Section 10
Return is
subject to
omnibus motion
rule
Section 12
Effect of failure
to file return
Ex-parte
61
presentation of
evidence
Section 13
The hearing
shall be
summary
Prohibited Pleadings
(Section 11)
 (a)Motion to dismiss;
 (b)Motion for extension of time
to file return, opposition,
affidavit, position paper and
other pleadings;
 (c) Dilatory motion for
postponement;
 (d)Motion for a bill of
particulars;
 (e)Counterclaim or cross-claim;
 (f) Third-party complaint;
 (g) Reply;
 (h) Motion to declare
respondent in default;
 (i) Intervention;
 (j) Memorandum;
 (k) Motion for reconsideration
of interlocutory orders or
interim relief orders; and
 (l) Petition for certiorari,
mandamus or prohibition
against any interlocutory order.
What are the interim reliefs?
Temporary Protection Order
Inspection Order
62
Production Order
Witness Protection Order
TAKE NOTE:
 Inspection Order
 Production Order
Upon verified
motion
What is standard of totality of evidence?
 It is the consideration of all the pieces of evidence adduced
in their totality, and to consider any evidence otherwise
inadmissible under our usual rules to be admissible if it is
consistent with the admissible evidence adduced. In other
words, it is the reduction of the rules to the most basic test
of reason — i.e., to the relevance of the evidence to the
issue at hand and its consistency with all other pieces of
adduced evidence. Thus, even hearsay evidence can be
admitted if it satisfies this basic minimum test (Razon, Jr. v.
Tagitis, December 3, 2009, 606 SCRA 598).
Quantum of Evidence and Burden of Proof
 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.
Judgment
Section 18. Judgment. — The court shall
render within ten (10) days from the time the
petition is submitted for decision If the
63
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.
When and where to appeal?
 SECTION 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.
Consolidation
SECTION 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.
Effect of Filing 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.
De Lima vs. Gatdula, G.R. No. 204528, February
19, 2013
64
 Gatdula filed a Petition for Writ of Amparo before the RTC of
Manila. The case was raffled to Judge Pampilo. Judge Pampilo
issued summons to the respondents and required the latter to
file an Answer. Judge Pampilo proceeded with the hearing even
without the Answer. Later he ordered the parties to submit
their respective Memorandum.
 Thereafter, Judge Pampilo rendered a decision granting the
issuance of the writ of amparo.
 De Lima, et.al., filed a Petition for Review under Rule 45 in
accordance with Section 19, of the Rule.
19, 2013
 It is initiated through a petition to be filed in a Regional Trial
Court, Sandiganbayan, the Court of Appeals, or the Supreme
Court.
 The judge or justice then makes an "immediate" evaluation of the
facts as alleged in the petition and the affidavits submitted "with
the attendant circumstances detailed“
 After evaluation, the judge has the option to issue the Writ of
Amparo or immediately dismiss the case.
 The court compels the respondents to appear before a court of
law to show whether the grounds for more permanent
protection and interim reliefs are necessary.
19, 2013
 The respondents are required to file a Return after the issuance of the
writ through the clerk of court. The Return serves as the responsive
pleading to the petition.
 There will be a summary hearing only after the Return is filed to
determine the merits of the petition and whether interim reliefs are
warranted.
 If the Return is not filed, the hearing will be done ex parte.
 After the hearing, the court will render the judgment within ten (10)
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days from the time the petition is submitted for decision.
 If the allegations are proven with substantial evidence, the court shall
grant the privilege of the writ and such reliefs as may be proper and
appropriate.
19, 2013
 The privilege of the Writ of Amparo should be distinguished
from the actual order called the Writ of Amparo. The privilege
includes availment of the entire procedure outlined in A.M. No.
07-9-12-SC, the Rule on the Writ of Amparo.
 After examining the petition and its attached affidavits, the
Return and the evidence presented in the summary hearing, the
judgment should detail the required acts from the respondents
that will mitigate, if not totally eradicate, the violation of or the
threat to the petitioner's life, liberty or security.
A. M. No. 08-1-16-SC
Rule on the Writ of
Habeas Data
What is 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.
What is the nature of the remedy?
 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
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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 (Vivares vs. STC, September 29,
2014).
 It is an independent and summary remedy designed to
protect the image, privacy, honor, information, and
freedom of information of an individual, and to provide a
forum to enforce one's right to the truth and to
informational privacy. It seeks to protect a person's
right to control information regarding oneself,
particularly in instances in which such information is
being collected through unlawful means in order to
achieve unlawful ends. (Vivares vs. STC, September
29, 2014).
 The writ, however, will not issue on the basis merely of an
alleged unauthorized access to information about a person.
Availment of the writ requires the existence of a
nexus between the right to privacy on the one hand,
and the right to life, liberty or security on the other.
 NOTE:
 The writ of habeas data is not only confined to cases of
extralegal killings and enforced disappearances (Vivares
vs. STC, September 29, 2014).
Three strands of right to privacy
Locational or situational privacy
• Refers to the privacy that is felt in physical space, such as that which may
be violated by trespass and unwarranted search and seizure.
Decisional privacy
• Usually defined as the right of individuals to make certain kinds of
fundamental choices with respect to their personal and reproductive
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autonomy.
Informational privacy
• usually defined as the right of individuals to control information about
themselves
Coverage of the Rule
RIGHT TO
INFORMATIONA
L PRIVACY
Against whom may it be filed?
 Meaning of "engaged" in the gathering, collecting or storing of
data or information.
 The provision, when taken in its proper context, as a whole,
irresistibly conveys the idea that habeas data is a protection against
unlawful acts or omissions of public officials and of private
individuals or entities engaged in gathering, collecting, or storing data
about the aggrieved party and his or her correspondences, or about
his or her family. Such individual or entity need not be in the
business of collecting or storing data.
 (Vivares vs. STC)
Who may file
(Section 2)
 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.
Where to File
 The petition may be filed with the Regional Trial Court
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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 (Section 3).
Where returnable
 When the writ is issued by a Regional Trial Court or any judge thereof, it
shall be returnable before such court or judge.
 When issued by the Court of Appeals or the Sandiganbayan or any of its
justices, it may be returnable before such court or any justice thereof, or to
any Regional Trial Court of the place where the petitioner or respondent
resides, or that which has jurisdiction over the place where the data or
information is gathered, collected or stored.
 When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the Court of
Appeals or the Sandiganbayan or any of its justices, or to any Regional Trial
Court of the place where the petitioner or respondent resides, or that
which has jurisdiction over the place where the data or information is
gathered, collected or stored (Section 4).
Where enforceable
(Section 4)
The writ of habeas data
shall be enforceable
anywhere in the
Philippines.
(Section 6)
 (a) The personal circumstances of the
petitioner and the respondent;
 (b)The manner the right to privacy is
69
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.
Action of the Court upon filing
 SECTION 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 its 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 to 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.
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What should respondent file?
 SECTION 10. Return; Contents. — The respondent shall file a verified written return
together with supporting affidavits within five (5) work 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 communication,
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.
Prohibited Pleadings
(Section 13)
 (a) Motion to dismiss;
 (b)Motion for extension of time
to file opposition, affidavit,
position paper and other
pleadings;
 (c) Dilatory motion for
postponement;
 (d)Motion for a bill of particulars;
 (e) Counterclaim or cross-claim;
 (g) Reply;
 (h)Motion to declare
respondent in default;
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 (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.
Nature of Hearing
 SECTION 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.
Judgment
 SECTION 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 officer as may be designated by the court, justice or
judge within five (5) work days.
Appeal
 SECTION 19. Appeal. — Any party may appeal from
the judgment or final order to the Supreme Court
under Rule 45. The appeal may raise questions of fact
or law or both.
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 The period of appeal shall be five (5) work days from
the date of notice of the judgment or final order.
 The appeal shall be given the same priority as habeas
corpus and amparo cases.
Consolidation
 SECTION 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.
Effect of Filing of a criminal action
 SECTION 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 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.
Lee vs. Ilagan, October 8, 2014
 Facts: Ilagan and Lee were live-in-partners. Lee was able to obtain
the digital camera of Ilagan. Lee found a sex video in it. Lee
confronted Ilagan about it but the latter demanded for the return
of his digital camera. Lee refused. Consequently, Ilagan banged Lee’s
head against the wall. Lee filed a criminal case for violation of RA
9262. Still, Ilagan is demanding for the return of the digital camera.
Lee refused.
 Ilagan filed a petition for habeas data against Lee to compel Lee to
produce the camera, as well as the negative and reproductions
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thereof.
 Will the petition prosper?
 NO.
 As defined in Section 1 of the Habeas Data Rule, the writ
of habeas data now stands as "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."
 Thus, in order to support a petition for the issuance of
such writ, Section 6 of the Habeas Data Rule essentially
requires that the petition sufficiently alleges, among
others, "[t]he manner the right to privacy is violated or
threatened and how it affects the right to life, liberty or
security of the aggrieved party." In other words, the
petition must adequately show that there exists a
nexus between the right to privacy on the one
hand, and the right to life, liberty or security on
the other.
A. M. No. 09-6-8-SC
Rules of Procedure for
Environmental Cases
Coverage
 SECTION 2. Scope. — These Rules shall govern the
procedure in civil, criminal and special civil actions
before the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts involving
enforcement or violations of environmental and other
74
related laws, rules and regulations such as but not
limited to the following:
Civil Procedure
Rule II – Pleadings and Parties
 SECTION 1. Pleadings and Motions Allowed. — The
pleadings and motions that may be filed are complaint,
answer which may include compulsory counterclaim and
cross-claim, motion for intervention, motion for discovery
and motion for reconsideration of the judgment.
 Motion for postponement, motion for new trial and
petition for relief from judgment shall be allowed in highly
meritorious cases or to prevent a manifest miscarriage of
justice.
Civil Procedure
 SECTION 2. Prohibited Pleadings or Motions. — The
following pleadings or motions shall not be allowed:
 (a)Motion to dismiss the complaint;
 (b)Motion for a bill of particulars;
 (c)Motion for extension of time to file pleadings, except to file
answer, the extension not to exceed fifteen (15) days;
 (d)Motion to declare the defendant in default;
 (e)Reply and rejoinder; and
 (f) Third party complaint.
Civil Procedure
 SECTION 3. Verified Complaint. — The verified complaint shall contain the
names of the parties, their addresses, the cause of action and the reliefs
prayed for.
 The plaintiff shall attach to the verified complaint all evidence
proving or supporting the cause of action consisting of the affidavits
of witnesses, documentary evidence and if possible, object evidence.
The affidavits shall be in question and answer form and shall
75
comply with the rules of admissibility of evidence.
 The complaint shall state that it is an environmental case and the law
involved. The complaint shall also include a certification against forum
shopping. If the complaint is not an environmental complaint, the presiding
judge shall refer it to the executive judge for re-raffle.
Civil Procedure
 SECTION 4. Who May File. — Any real party in interest, including the
government and juridical entities authorized by law, may file a civil action
involving the enforcement or violation of any environmental law.
 SECTION 5. Citizen Suit. — Any Filipino citizen in representation of others,
including minors or generations yet unborn, may file an action to enforce
rights or obligations under environmental laws. Upon the filing of a citizen
suit, the court shall issue an order which shall contain a brief description of
the cause of action and the reliefs prayed for, requiring all interested parties
to manifest their interest to intervene in the case within fifteen (15) days
from notice thereof. The plaintiff may publish the order once in a
newspaper of a general circulation in the Philippines or furnish all affected
barangays copies of said order.
Civil Procedure
 SECTION 6. Service of the Complaint on the
Government or Its Agencies. — Upon the filing
of the complaint, the plaintiff is required to
furnish the government or the appropriate
agency, although not a party, a copy of the
complaint. Proof of service upon the
government or the appropriate agency shall be
attached to the complaint.
Civil Procedure
 SECTION 8. Issuance of Temporary Environmental Protection
Order (TEPO). — If it appears from the verified complaint with a
76
prayer for the issuance of an Environmental Protection Order (EPO)
that the matter is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury, the executive judge of the
multiple-sala court before raffle or the presiding judge of a single-sala
court as the case may be, may issue ex parte a TEPO effective for only
seventy-two (72) hours from date of the receipt of the TEPO by
the party or person enjoined. Within said period, the court where the
case is assigned, shall conduct a summary hearing to determine
whether the TEPO may be extended until the termination of the case.
Civil Procedure
 SECTION 10. Prohibition Against
Temporary Restraining Order (TRO) and
Preliminary Injunction. — Except the
Supreme Court, no court can issue a TRO or
writ of preliminary injunction against lawful
actions of government agencies that enforce
environmental laws or prevent violations
thereof.
Procedural Flow
Filing of
Complaint
Issuance of
summons; Answer
should be filed
within 15 days
Filing of verified
answer; subject to
omnibus motion rule;
Effect of failure to
answer
Notice of Pre-trial;
numerous pre-trial
77
within 2 months; Filing
of pre-trial brief
Referral to
mediation
Preliminary
Conference
Pre-trial Conference;
Consent Decree;
Effect of failure to
appear
Trial – continuous; use
of judicial affidavit; one
day examination rule
Submitted for
decision within 60
days
Decision
Rule 5
Judgment and Execution
 SECTION 1. Reliefs in a Citizen Suit. — If warranted,
the court may grant to the plaintiff proper reliefs which
shall include the protection, preservation or rehabilitation
of the environment and the payment of attorney's fees,
costs of suit and other litigation expenses. It may also
require the violator to submit a program of rehabilitation
or restoration of the environment, the costs of which shall
be borne by the violator, or to contribute to a special trust
fund for that purpose subject to the control of the court.
Rule 5
SECTION 2. Judgment Not Stayed by
Appeal. — Any judgment directing the
performance of acts for the protection,
78
preservation or rehabilitation of the
environment shall be executory pending
appeal unless restrained by the appellate
court.
Rule 5
 SECTION 3. Permanent EPO; Writ of Continuing Mandamus. —
In the judgment, the court may convert the TEPO to a permanent
EPO or issue a writ of continuing mandamus directing the
performance of acts which shall be effective until the judgment is fully
satisfied.
 The court may, by itself or through the appropriate government
agency, monitor the execution of the judgment and require the party
concerned to submit written reports on a quarterly basis or sooner
as may be necessary, detailing the progress of the execution and
satisfaction of the judgment. The other party may, at its option, submit
its comments or observations on the execution of the judgment.
Rule 6
Strategic Lawsuit Against Public Participation
 SECTION 1. Strategic Lawsuit Against Public
Participation (SLAPP). — A legal action filed to
harass, vex, exert undue pressure or stifle any legal
recourse that any person, institution or the
government has taken or may take in the
enforcement of environmental laws, protection of the
environment or assertion of environmental rights
shall be treated as a SLAPP and shall be governed by
these Rules.
Rule 6
 SECTION 2. SLAPP as a Defense; How Alleged. — In a SLAPP filed against a
person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the defendant may file an
79
answer interposing as a defense that the case is a SLAPP and shall be supported by
documents, affidavits, papers and other evidence; and, by way of counterclaim, pray
for damages, attorney's fees and costs of suit.
 The court shall direct the plaintiff or adverse party to file an opposition showing
the suit is not a SLAPP, attaching evidence in support thereof, within a nonextendible period of
five (5) days from receipt of notice that an answer has been
filed.
 The defense of a SLAPP shall be set for hearing by the court after issuance of the
order to file an opposition within fifteen (15) days from filing of the comment or
the lapse of the period.
Rule 6
 SECTION 4. Resolution of the Defense of a SLAPP. — The
affirmative defense of a SLAPP shall be resolved within thirty
(30) days after the summary hearing. If the court dismisses the
action, the court may award damages, attorney's fees and costs
of suit under a counterclaim if such has been filed. The dismissal
shall be with prejudice.
 If the court rejects the defense of a SLAPP, the evidence
adduced during the summary hearing shall be treated as
evidence of the parties on the merits of the case. The action
shall proceed in accordance with the Rules of Court.
Rule 7
Writ of Kalikasan
 SECTION 1. Nature of the Writ. — The writ is a remedy
available to a natural or juridical person, entity authorized by
law, people's organization, non-governmental organization, or
any public interest group accredited by or registered with any
government agency, on behalf of persons whose constitutional
right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a
public official or employee, or private individual or entity,
involving environmental damage of such magnitude as
80
to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
Who may file?
Natural or juridical person, entity authorized
by law, people's organization, non-governmental
organization, or any public interest group
accredited by or registered with any
government agency, on behalf of persons
whose constitutional right to a balanced and
healthful ecology is violated, or threatened with
violation
Rule 7
Writ of Kalikasan
 SECTION 2.Contents of the Petition. — The verified
petition shall contain the following:
 (a) The personal circumstances of the petitioner;
 (b) The name and personal circumstances of the
respondent or if the name and personal
circumstances are unknown and uncertain, the
respondent may be described by an assumed
appellation;
Rule 7
Writ of Kalikasan
 SECTION 2. Contents of the Petition. — The verified petition
shall contain the following:
 (c)The environmental law, rule or regulation violated or
threatened to be violated, the act or omission complained of,
and the environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or
more cities or provinces.
 (d)All relevant and material evidence consisting of the affidavits
of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence;
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Rule 7
Writ of Kalikasan
 SECTION 2. Contents of the Petition. — The verified petition shall
contain the following:
 (e) The certification of petitioner under oath that: (1) petitioner has not
commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency, and no such other action or claim
is pending therein; (2) if there is such other pending action or claim, a
complete statement of its present status; (3) if petitioner should learn
that the same or similar action or claim has been filed or is pending,
petitioner shall report to the court that fact within five (5) days
therefrom; and
 (f) The reliefs prayed for which may include a prayer for the issuance of
a TEPO.
Rule 7
Writ of Kalikasan
SECTION 3. Where to File. — The
petition shall be filed with the
Supreme Court or with any of the
stations of the Court of Appeals.
May writ of kalikasan be filed
with the RTC?
Rule 7
Writ of Kalikasan
 SECTION 5. Issuance of the Writ. — Within three (3) days
from the date of filing of the petition, if the petition is sufficient
in form and substance, the court shall give an order:
 (a) issuing the writ; and
 (b) requiring the respondent to file a verified return as provided
in Section 8 of this Rule.
 The clerk of court shall forthwith issue the writ under the seal
of the court including the issuance of a cease and desist order
and other temporary reliefs effective until further order.
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Rule 7
Writ of Kalikasan
 SECTION 8. Return of Respondent; Contents. — Within a non-extendible
period of ten (10) days after service of the writ, the respondent shall file a verified
return which shall contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act resulting to
environmental damage of such magnitude as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.
 All defenses not raised in the return shall be deemed waived.
 The return shall include affidavits of witnesses, documentary evidence, scientific or
other expert studies, and if possible, object evidence, in support of the defense of
the respondent.
 A general denial of allegations in the petition shall be considered as an admission
thereof.
Rule 7
Writ of Kalikasan
 SECTION 9. Prohibited Pleadings and Motions. — The
following pleadings and motions are prohibited:
 (a) Motion to dismiss;
 (b)Motion for extension of time to file return;
 (c) Motion for postponement;
 (d)Motion for a bill of particulars;
 (e)Counterclaim or cross-claim;
 (g) Reply; and
 (h)Motion to declare respondent in default.
Rule 7
Writ of Kalikasan
 SECTION 11. Hearing. — Upon receipt of the return
of the respondent, the court may call a preliminary
conference to simplify the issues, determine the
possibility of obtaining stipulations or admissions from
83
the parties, and set the petition for hearing.
 The hearing including the preliminary conference shall
not extend beyond sixty (60) days and shall be given the
same priority as petitions for the writs of habeas corpus,
amparo and habeas data.
Rule 7
Writ of Kalikasan
SECTION 15.Judgment. Within
sixty (60) days from the time the
petition is submitted for decision, the
court shall render judgment granting
or denying the privilege of the writ of
kalikasan.
Rule 7
Writ of Kalikasan
 SECTION 15. Judgment. —
 Relief may be granted:
 (a)Directing respondent to permanently cease and desist
from committing acts or neglecting the performance of a
duty in violation of environmental laws resulting in
environmental destruction or damage;
 (b) Directing the respondent public official, government
agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;
Rule 7
Writ of Kalikasan
 SECTION 15. Judgment. —
 Relief may be granted:
 (c) Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the decision
and orders of the court;
 (d) Directing the respondent public official, government agency, or
private person or entity to make periodic reports on the execution of
84
the final judgment; and
 (e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the environment, except the award of
damages to individual petitioners.
Rule 7
Writ of Kalikasan
SECTION 17. Institution of
Separate Actions. — The filing of a
petition for the issuance of the writ
of kalikasan shall not preclude the
filing of separate civil, criminal or
administrative actions.
Rule 8
Writ of Continuing Mandamus
 SECTION 1. Petition for Continuing Mandamus. — When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting from an
office, trust or station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there is no other plain,
speedy and adequate remedy in the ordinary course of law, the person aggrieved
thereby may file a verified petition in the proper court, alleging the facts with
certainty, attaching thereto supporting evidence, specifying that the petition
concerns an environmental law, rule or regulation, and praying that judgment be
rendered commanding the respondent to do an act or series of acts until the
judgment is fully satisfied, and to pay damages sustained by the petitioner by
reason of the malicious neglect to perform the duties of the respondent, under the
law, rules or regulations. The petition shall also contain a sworn certification of
non-forum shopping.
Rule 8
SECTION 2. Where to File the
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Petition. — The petition shall be filed with
the Regional Trial Court exercising
jurisdiction over the territory where the
actionable neglect or omission occurred or
with the Court of Appeals or the Supreme
Court.
Rule 8
 SECTION 4. Order to Comment. — If the
petition is sufficient in form and substance, the
court shall issue the writ and require the
respondent to comment on the petition within ten
(10) days from receipt of a copy thereof. Such
order shall be served on the respondents in such
manner as the court may direct, together with a
copy of the petition and any annexes thereto.
Rule 8
SECTION 5.Expediting Proceedings;
TEPO. — The court in which the petition
is filed may issue such orders to expedite
the proceedings, and it may also grant a
TEPO for the preservation of the rights of
the parties pending such proceedings.
Rule 8
 SECTION 6. Proceedings After Comment is
Filed. — After the comment is filed or the time
for the filing thereof has expired, the court may
hear the case which shall be summary in nature or
require the parties to submit memoranda. The
petition shall be resolved without delay
within sixty (60) days from the date of the
86
submission of the petition for resolution.
Rule 8
 SECTION 7. Judgment. — If warranted, the court shall grant the
privilege of the writ of continuing mandamus requiring respondent
to perform an act or series of acts until the judgment is fully
satisfied and to grant such other reliefs as may be warranted
resulting from the wrongful or illegal acts of the respondent. The
court shall require the respondent to submit periodic
reports detailing the progress and execution of the
judgment, and the court may, by itself or through a
commissioner or the appropriate government agency,
evaluate and monitor compliance. The petitioner may submit
its comments or observations on the execution of the judgment.
Writ of Kalikasan vs. Writ of C. Mandamus
 As to subject matter
 Directed against unlawful act or
omission of any person or entity
involving environmental damage
of such magnitude as to
prejudice the inhabitants in two
or more cities or provinces.
 As to subject matter
 Directed against the unlawful
neglect in the performance of
an act which the law enjoins as
a duty from an office, trust or
station in connection with the
enforcement or violation of
environmental law or unlawful
exclusion of another from the
use or enjoyment of such right.
87
 As to who may file
 It is available to a broad range of
persons such as natural or
juridical person, entity
authorized by law, people’s
organization, non-governmental
organization, or any public
interest group accredited with
government agency, on behalf of
persons whose right to balance
and healthful ecology is violated.
As to who may file
 It is available to one
who is personally
aggrieved by the
unlawful act or
omission
As to
respondent
Respondent may
be private
individual
As to who
may file
Respondent is
only the
government or
its officers
As to venue
A petition for the
issuance of a writ
88
of kalikasan can
only be filed in the
SC or any stations
of CA.
As to venue
It may be filed
with the RTC,
CA, SC
 As to discovery
measure
 The rule incorporates
the procedural
environmental right of
access to information
through discovery
measures such as
ocular inspection
order and production
order
As to discovery
measure
The Rule does not
contain any
provision for
discovery measures
As to damages
for personal
injury
It does not allow
payment of
damages.
89
 Damages for
personal injury
 It allows payment of
damages for malicious
neglect of the
performance of legal
duty of the respondent
Rule 12
Custody and disposition of Seized Items, Equipment,
Paraphernalia, Conveyances
and Instrument
SECTION 1. Custody and Disposition of
Seized Items. — The custody and disposition
of seized items shall be in accordance with the
applicable laws or rules promulgated by the
concerned government agency.
Rule 12
and Instrument
 SECTION 2. Procedure. — In the absence of applicable laws
or rules promulgated by the concerned government agency, the
following procedure shall be observed:
◦ (a) The apprehending officer having initial custody and control of
the seized items, equipment, paraphernalia, conveyances and
instruments shall physically inventory and whenever practicable,
photograph the same in the presence of the person from whom
such items were seized.
Rule 12
and Instrument
90
◦ (b) Thereafter, the apprehending officer shall submit to the issuing
court the return of the search warrant within five (5) days from
date of seizure or in case of warrantless arrest, submit within five
(5) days from date of seizure, the inventory report, compliance
report, photographs, representative samples and other pertinent
documents to the public prosecutor for appropriate action.
Rule 12
and Instrument
 SECTION 2. Procedure. — In the absence of applicable laws or rules
promulgated by the concerned government agency, the following procedure
shall be observed:
◦ (c) Upon motion by any interested party, the court may direct the auction sale of
seized items, equipment, paraphernalia, tools or instruments of the crime. The
court shall, after hearing, fix the minimum bid price based on the recommendation
of the concerned government agency. The sheriff shall conduct the auction.
◦ (d) The auction sale shall be with notice to the accused, the person from whom
the items were seized, or the owner thereof and the concerned government
agency.
Rule 12
and Instrument
◦ (e) The notice of auction shall be posted in three conspicuous
places in the city or municipality where the items, equipment,
paraphernalia, tools or instruments of the crime were seized.
◦ (f) The proceeds shall be held in trust and deposited with the
91
government depository bank for disposition according to the
judgment.
Rule 19
Strategic Lawsuit Against Public Participation in Criminal Cases
 SECTION 2. Summary Hearing. — The hearing on the
defense of a SLAPP shall be summary in nature. The parties
must submit all the available evidence in support of their
respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his acts for
the enforcement of environmental law is a legitimate action
for the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a SLAPP
shall prove by preponderance of evidence that the action is
not a SLAPP.
Rule 19
Strategic Lawsuit Against Public Participation in Criminal Cases
 SECTION 3. Resolution. — The court shall grant the motion
if the accused establishes in the summary hearing that the
criminal case has been filed with intent to harass, vex, exert
undue pressure or stifle any legal recourse that any person,
institution or the government has taken or may take in the
enforcement of environmental laws, protection of the
environment or assertion of environmental rights.
 If the court denies the motion, the court shall immediately
proceed with the arraignment of the accused.
92

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What is a special proceeding?

A special proceeding is a remedy by which a party seeks to establish a status, a right, or a

What is the difference between an action or special proceedings?

A special proceeding is a remedy by which a party seeks to establish a status, a right, or a

What are the subject matter of special proceedings?

Give examples of special proceedings which are outside of Section 1, Rule 72

Are the rules in ordinary civil action applicable in special proceedings?

Is earnest effort to compromise applicable in special proceedings?

Is certification against forum shopping required in special proceedings?

SETTLEMENT OF ESTATE OF DECEASED PERSONS

Nonresident - The place where deceased estate is located.

Please take NOTE:

May a motion to dismiss for improper venue be filed in settlement of estate?

Please take NOTE:

What is the extent of the jurisdiction of the probate court?

Heirs of Magdeleno Ypon vs. Ricaforte, July 8, 2013

Heirs of Magdeleno Ypon vs. Ricaforte, July 8, 2013

What is the rule in “Heirs of Magdaleno”?

There is now a new rule:

Summary Settlement of Estate (Rule 74)

Extra-judicial Agreement in an Settlement of

Decedent left no will and no debts

Heirs are all of age or minors are

Execution of public By execution of affidavit of

Registration of public By filing of said affifavit with

Posting of bond equivalent to Posting of bond equivalent to

Decedent left no will and no debts

Heirs are all of age or minors are represented by

PLEASE TAKE NOTE:

Probate of the Will (Rules 75 to 77)

What is the purpose of the probate of the will?

What is “due execution” of the will?

 Soundness of mind refers to knowledge of:

How will is proved?

Section 11, Rule 76

Section 11, Rule 76

Section 12, Rule 76

Grounds for disallowing a will

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