RULES ON GUARDIANSHIP
RULES ON GUARDIANSHIP
Applicability
Who may
Petition
RULES OF COURT (RULES 92-97)
RULES ON GUARDIANSHIP OF MINORS
Person, property or both of incompetent persons, who are:
1. Persons suffering the penalty of civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf and dumb who are unable to read and write
5. Those who are of unsound mind, even though they have lucid intervals
6. Persons not being of unsound mind, but by reason of age, disease, weak mind, and
other similar causes, cannot, without outside aid, take care of themselves and manage
their property, becoming thereby an easy prey for deceit and exploitation
Person, property or both of minors
1.
2.
3.
4.
5.
Where to File
Petition
Relative
Friend
Other person on behalf of the incompetent who has no parent or lawful guardian
Director of Health in favour of an insane person who should be hospitalised or in
favour of an isolated leper
Any one interested in the estate but only in case the incompetent is a non-resident
with property within the Philippines
Ward is resident
The proceedings should be filed in the proper court of the province where such ward
‣
resides
1.
2.
3.
4.
5.
Relative
Other person on behalf of the minor
Minor himself if 14 years of age or over
Secretary of Social Welfare and Development and by the Secretary of Health in
the case of an insane minor who needs to be hospitalized.
Any one interested in the estate but only in case the minor is a non-resident with
property within the Philippines
Family Courts of the place where the minor resides, or where the minor has property,
in case of non-resident.
Ward is non-resident
The proceedings should be filed in the proper court of the province where such ward’s
‣
properties or part thereof are situated
Proper Court
1. Guardianship over the person or both: RTC
2. Guardianship over the property only: MTC or RTC depending on the value of the
property involved
Contents of the
Petition
1. The jurisdiction facts;
2. The minority or incompetency rendering the appointment necessary or convenient;
3. The names, ages, and residence of the relatives of the minor or incompetent, and of the
person having him in their care;
4. The probable value and character of his estate;
5. The name of the person for whom letters of guardianship.
1.
2.
3.
4.
5.
6.
7.
8.
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The jurisdictional facts;
The name, age and residence of the prospective ward;
The ground rendering the appointment necessary or convenient;
The death of the parents of the minor or the termination, deprivation or suspension
of their parental authority;
The remarriage of the minor’s surviving parent;
The names, ages, and residences of relatives within the 4th civil degree of the
minor, and of persons having him in their care and custody;
The probable value, character and location of the property of the minor; and
The name, age and residence of the person for whom letters of guardianship are
prayed.
RULES ON SPECIAL PROCEEDINGS
RULES ON GUARDIANSHIP
RULES OF COURT (RULES 92-97)
Procedure after
Filing of Petition
Qualifications of
Guardians
1. Court sets a hearing
2. Service of Notice to persons mentioned in the petition residing in the province, including
the incompetent himself,
3. Written opposition may be filed
4. Actual hearing
5. Issuance of Letters of Guardianship
6. Annotation of Judgment or Order
1.
2.
Good financial condition
Physical condition
Sound judgment
Prudence and trustworthiness
Morals, character, and conduct
Present and past history of a prospective appointee, as well as the probability of his
being to exercise the powers and duties of guardian for the full period during which
guardianship may be necessary (Francisco vs CA)
7. Philippine resident (in jurisprudence)
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
Who may be
Appointed as
Guardians
(Order of
Preference)
Grounds to
Oppose the
Petition
Conditions of
the Bond
RULES ON GUARDIANSHIP OF MINORS
No order of preference
3.
4.
5.
6.
7.
Court sets hearing
Service of Notice to the persons mentioned in the petition, including the minor if
he is fourteen years of age or over
Case study report
Written opposition may be filed
Actual hearing
Issuance of Letters of Guardianship
Annotation of Judgment or Order
Good moral character
Physical, mental, and psychological condition
Financial status
Relationship of trust with the minor
Availability to exercise powers and duties of a guardian for the full period
of the guardianship
6. Lack of conflict of interest with the minor
7. Ability to manage the property of the minor
8. Philippine resident (in jurisprudence)
Normally the parents or court-appointed guardian, otherwise:
1. The surviving grandparent and In case several grandparents survive, the court
shall select any of them taking Into account all relevant considerations;
2. The oldest brother or sister of the minor over twenty-one years of age, unless unfit
or disqualified;
3. The actual custodian of the minor over twenty-one years of age, unless unfit or
disqualified; and
4. Any other person, who in the sound discretion of the court, would serve the best
interests of the minor.
1. Competency
2. Unsuitability
1. Majority of the minor
2. Unsuitability of the person for whom letters are prayed for
1. To make and return to the court, within three months after the issuance of his letters of guardianship, a true and complete Inventory of all the property, real and personal, of his
ward which shall come to his possession or knowledge or to the possession or knowledge of any other person in his behalf;
2. To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule for the best interests of the ward, and to provide for his proper care,
custody and education;
3. To render a true and Just account of all the property of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the
same, at the time designated by this rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the court and deliver and pay over
all the property, effects, and monies remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto; and
4. To perform all orders of the court and such other duties as may be required by law.
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ATENEO LAW 3B, BATCH 2017
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RULES ON SPECIAL PROCEEDINGS
RULES ON GUARDIANSHIP
RULES OF COURT (RULES 92-97)
General Powers
and Duties of
Guardians
Grounds for
Removal or
Resignation
Termination of
Guardianship
RULES ON GUARDIANSHIP OF MINORS
1. To pay the just debts of the ward out of the personal property and the income of the real property of the ward, If the same is sufficient; otherwise, out of the real property of the
ward upon obtaining an order for its sale or encumbrance;
2. To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the
debtor on receiving a fair and just dividend of the property and effects; and to appear for and represent the ward in all actions and special proceedings, unless another person is
appointed for that purpose;
3. To manage the property of the ward frugally and without waste, and apply the income and profits thereon, insofar as may be necessary, to the comfortable and suitable
maintenance of the ward; and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized by the court to
do so;
4. To consent to a partition of real or personal property owned by the ward jointly or in common with others upon authority granted by the court after hearing, notice to relatives of
the ward, and a careful investigation as to the necessity and propriety of the proposed action;
5. To submit to the court a verified inventory of the property of his ward within three months after his appointment, and annually thereafter, the rendition of which may be required
upon the application of an interested person;
6. To report to the court any property of the ward not included in the inventory which is discovered, or succeeded to, or acquired by the ward within three months after such
discovery, succession, or acquisition; and
7. To render to the court for its approval an accounting of the property one yearfrom his appointment, and every year thereafter or as often as may be required.
1.
2.
3.
4.
5.
Insanity
Otherwise incapable of discharging his trust
Unsuitable therefore
Wasted or mismanaged the estate
Failed for 30 days after it is due to render an account or make a return
The guardian of any person may be discharged by the court when it appears, upon the
application of the ward or otherwise, that the guardianship is no longer necessary.
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ATENEO LAW 3B, BATCH 2017
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Court can motu proprio or upon motion terminate the guardianship when:
1. The ward has come of age (emancipation)
2. The ward has died.
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
RULES ON SPECIAL WRITS
Governing Rules
WRIT OF HABEAS CORPUS
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
WRIT OF AMPARO
WRIT OF HABEAS DATA
WRIT OF KALIKASAN
Rule 102, Rules of Court
Rule on Custody of Minors and
Writ of Habeas Corpus in relation
to the Custody of Minors (A.M. No.
03-04-04 SC, May 15, 2003)
Rule on the Writ of Amparo (A.M.
No. 07-9-12 SC, Effective October
24, 2007)
Rule on the Writ of Habeas
Data (A.M. No. 08-1-16 SC,
Effective February 2, 2008)
Rules of Procedure for
Environmental Cases (Title 3,
Rule 7, A.M. No. 09-6-8 SC)
Involves the right to a balanced
and healthy ecology (Sec. 1,
Rule 7, Rules of Procedure for
Environmental Cases)
What Rights are
Involved
Involves the right to liberty. It 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 (Sec. 1, Rule 102)
Involves the right to life, liberty and
security. It involves extrajudicial
killings, enforced disappearances,
and threats thereof. (Sec. 1, Rule
on the Writ of Amparo)
Involves the right to privacy in
life, liberty, and security (Sec.
1, Rule on the Writ of Habeas
Data)
Etymology
“You have the body”
“To protect”
“You have the data”
Purpose and
Objective
Seeks to inquire into all manner of
involuntary restraint and to relieve
a person therefrom if such restraint
is illegal. It seeks to determine
whether or not a particular person
is legally held, and if not, the court
will order the release of the person
A remedy where the rightful
custody of any person is withheld
from the person entitled thereto. It
seeks to locate the minor and/or
bring him to the court in order for it
to adjudge proper custody
It is intended to address violations
of or threats to the right to life,
liberty, and security as an
extraordinary and independent
remedy, particularly extralegal
killings and enforced
disappearances
Seeks to protect a person’s
right to control information
regarding one’s self, particular
in instances where such
information is being collected
through unlawful means in
order to achieve unlawful ends.
It is a remedy based on the
right to a balanced and healthy
ecology, against environmental
damage of such magnitude as
to prejudice the right, health or
property of inhabitants of two or
more cities or provinces
Scope and
Applicability
The writ of habeas corpus extends
to all cases of illegal confinement
or detention, by which a person is
deprived of his liberty (Sec. 1, Rule
102)
When the rightful custody of any
person is withheld from the person
entitled thereto (Sec. 1, Rule 102)
It a remedy available to any
person:
Whose right to life, liberty
1.
and security are violated or
threatened with violation by
an unlawful act or omission;
and
Such unlawful act or
2.
omission is made either by a
public official or employee, or
a private individual or entity
*But Government involvement
(either by action or omission) is
indispensable
It is a remedy available to any
person whose:
Right to privacy in life,
1.
liberty or security is
violated or threatened by
an unlawful act or
omission
Such unlawful act or
2.
omission is by a public
official or employee, or
private individual or entity,
engaged in the gathering,
collecting or storing of
data or information
regarding the person,
family, home and
correspondence of the
aggrieved party
(Sec. 1, Rule on the Writ of
Habeas Data)
It is a remedy available to any
person:
Whose constitutional right
1.
to a balanced and
healthful ecology is
violated, or threatened
with violation by an
unlawful act or omission
involving environmental
damage of such
magnitude as to prejudice
the life, health or property
of inhabitants in two or
more cities or provinces.
Such act or omission is
2.
committed by a public
official or employee, or
private individual or entity
(Sec. 1, Rule 7, Rules of
Procedure for Environmental
Cases)
An assertion that a person is
illegally confined or detained, in
general, may involve any of the
following:
1. A violation of the accused’s
constitutional rights resulting
in the restraint of a person
2. The court trying the case had
no jurisdiction to impose the
sentence
3. The penalty imposed is
excessive or beyond what the
court could legally impose,
thus voiding the sentence as
to the excess
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ATENEO LAW 3B, BATCH 2017
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RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
WRIT OF HABEAS CORPUS
When not
Applicable
1.
2.
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
When there is no deprivation
of liberty or restraint
When the deprivation of liberty
or restrain is legal
It does not apply to:
Purely property or
1.
commercial rights (Castillo vs
Cruz 2009)
Restriction of the right to
2.
travel due to pendency of
criminal case (Reyes vs
Gonzalez 2009)
To obtain custody over a
3.
minor child involving issues
of parental authority (Caram
vs Segui 2014)
Such as if the person alleged to be
restrained of his liberty is in the
custody of an officer, under the
following circumstances (Sec. 4,
Rule 102):
1. Under process issued by a
court or judge
2. By virtue of a judgment or
order of a court of record
3. The court or judge had
jurisdiction to issue process,
render the judgment or make
the order
Nature of the
Proceedings
Involved
The proceedings in habeas corpus
are separate and distinct from the
main case from which the
proceedings spring. It is a
summary remedy. It is analogous
to a proceeding in rem when
instituted for the sole purpose of
having the person of restraint
presented before the judge in
order that the cause of his
dentition may be inquired into and
his statements final. The only
question to be resolved is whether
the custodian has authority to
deprive the petition of his liberty.
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ATENEO LAW 3B, BATCH 2017
WRIT OF AMPARO
It is confidential. The hearings on
custody of minors may, at the
discretion of the court, be closed
to the public and the records of the
case shall not be released to nonparties without its approval. (Sec.
21, Rule on Custody of Minors)
Provides rapid judicial relief
as it partakes of a summary
proceeding that requires only
substantial evidence to make
the appropriate reliefs
available to the petitioner.
(Sec. of National Defense vs
Manalo 2008)
It does not preclude the filing
of separate criminal, civil or
administrative actions. (Sec.
21, Rule on the Writ of
Amparo)
There is no determination of
civil, criminal or
administrative liability in
amparo proceedings, courts
can only go as far as
ascertaining responsibility or
accountability for the
enforced disappearance or
extrajudicial killing.
(Rodriguez vs Arroyo 2011)
1.
2.
3.
5
WRIT OF HABEAS DATA
WRIT OF KALIKASAN
It does not apply to:
Where legitimate state
interest in dismantling
private armed groups
outweighed the alleged
intrusion of a person’s
private life (Gamboa vs
Chan 2012)
Protect purely property or
2.
commercial concerns
such as employment
(MERALCO vs Lim 2010)
1.
As an independent and
summary remedy to protect the
right to privacy, especially the
right to informational privacy,
the issuance of the writ does
not entail any finding of
criminal, civil, or administrative
culpability. It is designed to
protect the image, 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
(Rodriguez vs Arroyo 2011)
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
Where Applied
for
(Court which has
Jurisdicition)
Who can file
WRIT OF HABEAS CORPUS
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
WRIT OF AMPARO
1. RTC or any judge thereof
2. Court of Appeals or any justice
thereof
3. Supreme Court or any justice
thereof
(Sec. 2, Rule 102)
1. Family Courts
2. Regular Courts (RTC), but only
if the presiding judge of the
family court is absent, or if
there are no family courts in
the judicial region
3. Court of Appeals or any justice
thereof
4. Supreme Court or any justice
thereof
(Sec. 3 & 20, Rule on Custody of
Minors)
Regional Trial Court (RTC) of
the place where the threat, act
or omission was committed or
any of its elements occurred
2. Sandiganbayan or any justice
thereof
3. Court of Appeals or any
justice thereof
4. Supreme Court or any justice
thereof
(Sec. 3, Rule on the Writ of
Amparo)
Either:
The party for whose relief it is
intended or
2. Some other person on his
behalf
(Sec. 3, Rule 102)
Any person claiming the right of
custody (Sec. 2, Rule on Custody
of Minors)
Either:
Aggrieved party or
1.
By any qualified person or
2.
entity in the following order:
Any member of the
a.
immediate family, namely:
the spouse, children and
parents of the aggrieved
party
Any ascendant,
b.
descendant or collateral
relative of the aggrieved
party within the fourth civil
degree of consanguinity
or affinity, in default of
those mentioned in the
preceding paragraph; or
Any concerned citizen,
c.
organization, association
or institution, if there is no
known member of the
immediate family/ relative
of the aggrieved party
(Sec. 2, Rule on the Writ of
Amparo)
1.
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ATENEO LAW 3B, BATCH 2017
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6
WRIT OF HABEAS DATA
Regional Trial Court
where:
a. The petitioner or
respondent resides, or
b. Which has jurisdiction
over the place where
the data or information
is gathered, collected or
stored, at the option of
the petitioner
2. Sandiganbayan
3. Court of Appeals
4. Supreme Court
*For the SB, CA, and SC, only
when the action concerns
public data files of government
offices.
1.
Either:
Aggrieved party, or
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
(Sec. 2, Rule on the Writ of
Habeas Data)
1.
2.
WRIT OF KALIKASAN
1. Court of Appeals
2. Supreme Court
(Sec. 3, Rule 7, Rules of
Procedure for Environmental
Cases)
Either:
A natural or juridical
person
Entity authorized by law
2.
People’s organization,
3.
non-governmental
organization, or any public
interest group accredited
by or registered with any
government agency, on
behalf of persons
(Sec. 1, Rule 7, Rules of
Procedure for Environmental
Cases)
1.
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
Against whom
Filed
(Respondent)
WRIT OF HABEAS CORPUS
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
The custodian or persons illegally
restraining, confining or detaining
the person, this includes:
Public officers
1.
Persons who are not officers/
2.
Private authority
(Sec. 6 & 13, Rule 102)
Respondent against whom the
petition is filed. The person holding
the minor. (Sec. 2, Rule on
Custody of Minors)
Exemption from
Docket and other
Lawful Fees
1.
—
2.
3.
Enforceability of
the Writ
RTC or any judge thereof:
Only within the court’s judicial
region
2. Court of Appeals or any
justice thereof: Anywhere in
the Philippines
3. Supreme Court or any justice
thereof: Anywhere in the
Philippines
(Sec. 2, Rule 102)
1.
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ATENEO LAW 3B, BATCH 2017
Either against:
A public official or employee,
1.
or
A private individual or entity
2.
(Sec. 1, Rule on the Writ of
Amparo)
*But government involvement is
indispensable (Navia vs Parodic
2012)
Exempt
(Sec. 4, Rule on the Writ of
Amparo)
—
Provisional
Remedies
Available
WRIT OF AMPARO
Provisional Custody with
Temporary Vistation Rights
(Sec. 13 & 15, Rule on
Custody of Minors)
Hold-Departure Order (Sec.
16, Rule on Custody of
Minors)
Protection Order (Sec. 17,
Rule on Custody of Minors)
Family or Regular Courts:
Only within the court’s judicial
region
2. Court of Appeals or any
justice thereof: Anywhere in
the Philippines
3. Supreme Court or any justice
thereof: Anywhere in the
Philippines
(Sec. 3 & 20, Rule on Custody of
Minors)
Temporary Protection Order
1.
Inspection Order
2.
Production Order
3.
Witness Protection Order
4.
Note that the respondent may also
avail of inspection and production
orders
(Sec. 14 & 15 Rule on the Writ of
Amparo)
WRIT OF HABEAS DATA
WRIT OF KALIKASAN
Either against:
A public official or employee, or
1.
A private individual or entity
2.
(Sec. 1, Rule on the Writ of Habeas Data; Sec. 1, Rule 7, Rules
of Procedure for Environmental Cases)
Only Indigents are Exempt
(Sec. 5, Rule on the Writ of
Habeas Data)
Exempt
(Sec. 1, Rule 7, Rules of
Procedure for Environmental
Cases)
Ocular Inspection
Production or Inspection
of Documents or Things
(Sec. 12, Rule 7, Rules of
Procedure for Environmental
Cases)
1.
2.
—
1.
Anywhere in the Philippines
(Sec. 3, Rule on the Writ of Amparo; Sec. 4, Rule on the Writ of
Habeas Data)
7
Anywhere in the Philippines
(No provision but only the SC
or CA issues it)
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
WRIT OF HABEAS CORPUS
Contents of the
Verified Petition
That the person in whose
behalf the application is made
is imprisoned or restrained of
his liberty
2. The officer or name of the
person by whom he is so
imprisoned or restrained
3. The place where he is so
imprisoned or restrained, if
known
4. Copy of the commitment or
cause of detention of such
person. If it can be procured
without any legal authority,
such fact shall appear
(Sec. 3, Rule 102)
1.
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ATENEO LAW 3B, BATCH 2017
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
WRIT OF AMPARO
The personal circumstances
of the petitioner and of the
respondent;
2. The name, age and present
whereabouts of the minor and
his or her relationship to the
petitioner and the respondent;
3. The material operative facts
constituting deprivation of
custody; and
4. Such other matters which are
relevant to the custody of the
minor.
(Sec. 4, Rule on Custody of
Minors)
The personal circumstances
of the petitioner;
The name and personal
2.
circumstances of the
respondent responsible for
the threat, act or omission,
or, if the name is unknown or
uncertain, the respondent
may be described by an
assumed appellation;
The right to life, liberty and
3.
security of the aggrieved
party violated or threatened
with violation by an unlawful
act or omission of the
respondent, and how such
threat or violation is
committed with the attendant
circumstances detailed in
supporting affidavits;
The investigation conducted,
4.
if any, specifying the names,
personal circumstances, and
addresses of the
investigating authority or
individuals, as well as the
manner and conduct of the
investigation, together with
any report;
The actions and recourses
5.
taken by the petitioner to
determine the fate or
whereabouts of the aggrieved
party and the identity of the
person responsible for the
threat, act or omission; and
The relief prayed for and a
6.
general prayer for other just
and equitable reliefs.
(Sec. 4, Rule on the Writ of
Amparo)
1.
1.
8
WRIT OF HABEAS DATA
The personal
circumstances of the
petitioner and the
respondent;
The manner the right to
2.
privacy is violated or
threatened and how it
affects the right to life,
liberty or security of the
aggrieved party;
The actions and
3.
recourses taken by the
petitioner to secure the
data or information;
The location of the files,
4.
registers or databases,
the government office,
and the person in charge,
in possession or in control
of the data or information,
if known;
The reliefs prayed for,
5.
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
Such other relevant
6.
reliefs as are just and
equitable
(Sec. 6, Rule on the Writ of
Habeas Data)
1.
WRIT OF KALIKASAN
The personal
circumstances of the
petitioner;
The name and personal
2.
circumstances of the
respondent or if the name
and personal
circumstances are
unknown and uncertain,
the respondent may be
described by an assumed
appellation;
The environmental law,
3.
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.
All relevant and material
4.
evidence consisting of the
affidavits of witnesses,
documentary evidence,
scientific or other expert
studies, and if possible,
object evidence;
The certification against
5.
forum-shopping; and
The reliefs prayed for
6.
which may include a
prayer for the issuance of
a TEPO.
(Sec. 2, Rule 7, Rules of
Procedure for Environmental
Cases)
1.
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
WRIT OF HABEAS CORPUS
Procedure
1.
2.
3.
4.
5.
6.
7.
Filing of a Verified Petition
(Sec. 3, Rule 102)
Court/Judge determines if the
application is prima facie
meritorious
A Peremptory Writ of Habeas
Corpus is issued. (A writ of
preliminary citation may also
be issued) (Sec. 5 & 6, Rule
102, Lee Yick Hon vs Insular
Collector of Customs 1921)
Service of the Peremptory
Writ (Sec. 7, Rule 102)
A Return is Made and the
Person restrained must be
brought before the court (Sec.
8, 9, & 10, Rule 102)
Hearing is Conducted (Sec.
12, Rule 102)
Court grants the application
and orders the release of the
person, then a Writ of Habeas
Corpus is issued by the clerk
of court (Sec. 15, Rule 102)
CLARENCE TIU
ATENEO LAW 3B, BATCH 2017
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
Filing of a Verified Petition
(Sec. 2 & 4, Rule on Custody
of Minors)
2. Service of Summons (Sec. 5,
Rule on Custody of Minors)
3. Respondent files a Verified
Answer or exceptionally, a
Motion to Dismiss based on
lack of jurisdiction (Sec. 6 & 7,
Rule on Custody of Minors)
4. Court may order a Case Study
Report (Sec. 8, Rule on
Custody of Minors)
5. Court may grant Applications
for Provisional Remedies
(Sec. 13, 15, 16, & 17 Rule on
Custody of Minors)
6. Court issues order setting the
case for Pre-Trial (Sec. 9,
Rule on Custody of Minors)
7. Parties file their Pre-Trial
Briefs (Sec. 10, Rule on
Custody of Minors)
8. Pre-Trial proceeds (Sec. 11 &
12, Rule on Custody of
Minors)
9. Pre-Trial Conference takes
place (Sec. 12, Rule on
Custody of Minors)
10. Trial proceeds to determine
the Proper Custodian of the
Minor (Sec. 14, Rule on
Custody of Minors)
11. Judgment is rendered (Sec.
20, Rule on Custody of
Minors)
1.
WRIT OF AMPARO
Filing of the Verified Petition
which may include an
application for Provisional
Remedies (Sec. 2, 3, 4, 14,
22 & 23, Rule on the Writ of
Amparo)
Court/Judge determines if the
application is prima facie
meritorious
A Peremptory Writ of Amparo
is issued (Sec. 6 & 7 Rule on
the Writ of Amparo)
The Peremptory Writ is
Served (Sec. 8, Rule on the
Writ of Amparo)
Respondent files a Verified
Return with Supporting
Affidavits within 72 hours
from service of the writ, and
may apply for Provisional
Remedies (Sec. 9, 10, 11, 15
& 16 Rule on the Writ of
Amparo)
Summary Hearing proceeds
within 7 days from the
issuance of the writ(Sec. 6,
13 & 17 Rule on the Writ of
Amparo)
Court renders judgment and
issues the writ within 10 days
from the time the petition is
submitted for decision. (Sec.
17, Rule on the Writ of
Amparo)
1.
2.
3.
4.
5.
6.
7.
WRIT OF HABEAS DATA
1.
2.
3.
4.
5.
6.
7.
8.
9
Filing of the Verified
Petition (Sec. 2, 5, 6, 20,
21 & 22, Rule on the Writ
of Habeas Data)
Court/Judge determines if
the application is prima
facie meritorious
The Peremptory Writ of
Habeas Data is issued
(Sec. 7 & 8, Rule on the
Writ of Habeas Data)
The Peremptory Writ is
Served (Sec. 9, Rule on
the Writ of Habeas Data)
Respondent files a
Verified Return within 5
working days from service
of the writ (Sec. 10, 11, &
14, Rule on the Writ of
Habeas Data)
Summary Hearing or
Hearing in Chambers
proceeds within (10)
working days from the
issuance of the writ (Sec.
8, 12 & 15, Rule on the
Writ of Habeas Data)
Court renders judgement
and issues the Writ of
Habeas Data within 10
days from the time the
petition is submitted for
decision. (Sec. 16, Rule
on the Writ of Habeas
Data)
Execution of the
Judgment and Filing of
Verified Return by the
Sheriff which must be set
for hearing with due
notice (Sec. 16, 17 & 18,
Rule on the Writ of
Habeas Data)
WRIT OF KALIKASAN
1.
2.
3.
4.
5.
6.
Filing of a Verified Petition
(Sec. 2 & 4, Rule 7, Rules
of Procedure for
Environmental Cases)
Issuance of the
Peremptory Writ of
Kalikasan within 3 days
from the filing of the
Petition (Sec. 5 & 7, Rule
7, Rules of Procedure for
Environmental Cases)
Service of the Peremptory
Writ (Sec. 6 & 7 Rule 7,
Rules of Procedure for
Environmental Cases)
Respondent files his
Verified Return within 10
days from service of the
writ (Sec. 8, 9, 10 & 13,
Rule 7, Rules of
Procedure for
Environmental Cases)
Hearing proceeds (Sec. 11
& 14, Rule 7, Rules of
Procedure for
Environmental Cases)
Court renders judgment
and issues the Writ of
Kalikasan within 60 days
from submission for
decision (Sec. 15, Rule 7,
Rules of Procedure for
Environmental Cases)
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
WRIT OF HABEAS CORPUS
Contents of the
Verified Return
Whether he has or has not the
party in his custody or power,
or under restraint
2. If the party is in his custody or
power, or under restraint— the
authority and the true and
whole cause thereof, with a
copy of the writ, order,
execution, or other processes
upon which the party is held
3. If the party is in his custody or
power or is restrained by him,
and is not produced,
particularly the nature and
gravity of the sickness or
infirmity of such party by
reason of which he cannot,
without danger, be bought
before the court or judge
4. 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.
(Sec. 10, Rule 102)
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
1.
CLARENCE TIU
ATENEO LAW 3B, BATCH 2017
WRIT OF AMPARO
1.
2.
3.
4.
—
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
If the respondent is a public
official or employee, the return
shall further state the actions
that have been or will still be
taken: (a) to verify the identity
of the aggrieved party; (b) 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; (c) to
identify witnesses and obtain
statements from them
concerning the death or
disappearance; (d) 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; (e) to
identify and apprehend the
person or persons involved in
the death or disappearance;
and (f) to bring the suspected
offenders before a competent
court.
10
WRIT OF HABEAS DATA
WRIT OF KALIKASAN
The lawful defenses such
as national security, state
secrets, privileged
communications,
confidentiality of the
source of information of
media and others;
In case of respondent in
2.
charge, in possession or
in control of the data or
information subject of the
petition:
A disclosure of the
a.
data or information
about the petitioner,
the nature of such
data or information,
and the purpose for
its collection;
The steps or actions
b.
taken by the
respondent to ensure
the security and
confidentiality of the
data or information;
and
The currency and
c.
accuracy of the data
or information held;
and,
Other allegations relevant
3.
to the resolution of the
proceeding.
(Sec. 10, Rule on the Writ of
Habeas Data)
It must contain all defenses of
the respondent, to show that he
did not:
Violate,
1.
Threaten to violate,
2.
Allow the violation of any
3.
environmental law, rule or
regulation, or
Commit any act resulting
4.
to environmental damage
of such magnitude as to
prejudice the life, health or
property of inhabitants in
two or more cities or
provinces.
1.
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.
(Sec. 8, Rule 7, Rules of
Procedure for Environmental
Cases)
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
WRIT OF HABEAS CORPUS
Reliefs granted
under the Writ
(Effect)
1.
2.
The person must be
discharged from confinement
(Sec. 15, Rule 102
The person cannot be
imprisoned for the same
offense, EXCEPT when the
court having jurisdiction of the
cause or offense orders his
recommitment (Sec. 17, Rule
102)
CLARENCE TIU
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WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
WRIT OF AMPARO
The court shall render judgment:
Awarding the custody of the
minor to the proper party
Ordering either or both
2.
parents to give an amount
necessary for the support,
maintenance and education
of the minor, irrespective of
who may be its custodian.
Make other orders that is just
3.
and reasonable permitting the
parent who is deprived of the
care and custody of the minor
to visit or have temporary
custody.
(Sec. 20, Rule on Custody of
Minors)
Not clear in the rules, but these
are recognized effects:
Such reliefs as may be
1.
proper and appropriate (Sec.
17, Rule on the Writ of
Amparo)
Protection of the aggrieved
2.
party (Rodriguez vs Arroyo
2011)
Determination of whether
3.
respondents are accountable
for and have the duty to
address the situation
(Rodriguez vs Arroyo 2011)
1.
11
WRIT OF HABEAS DATA
WRIT OF KALIKASAN
The court may:
Grant access to the
database or information
Enjoin the act complained
2.
of, or
In case the database or
3.
information contains
erroneous data or
information, order its
deletion, destruction or
rectification. (Rodriguez
vs Arroyo 2011)
The court may:
a. Direct 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. Direct the respondent public
official, government agency,
private person or entity to
protect, preserve,
rehabilitate or restore the
environment;
c. Direct the respondent public
official, government agency,
private person or entity to
monitor strict compliance
with the decision and orders
of the court;
d. Direct the respondent public
official, government agency,
or private person or entity to
make periodic reports on
the execution of 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.
(Sec. 15, Rule 7, Rules of
Procedure for Environmental
Cases)
1.
The remedies include
updating, rectification,
suppression, or destruction of
the database or information or
files in possession or control of
the respondents.(Vivares vs St.
Theresa’s College 2014)
RULES ON SPECIAL PROCEEDINGS
RULES ON SPECIAL WRITS
WRIT OF HABEAS CORPUS
Prohibited
Pleadings and
Motions
Special Rules in
Appeals
WRIT OF HABEAS CORPUS FOR
THE CUSTODY OF MINORS
A motion to dismiss is not allowed
except on the ground of lack of
jurisdiction over the subject matter
or over the parties (Sec. 6, Rule
on Custody of Minors)
1.
2.
3.
Mode: Notice of Appeal (Rule
41) or Appeal by Certiorari
(Rule 45)
Period: Within forty-eight (48)
hours from notice of the
judgment or final order
appealed from. (Sec. 3, Rule
41, Rules of Court)
In lieu of briefs, their
respective memoranda within
a non-extendible period of
thirty (30) days from receipt
of the notice issued by the
clerk that all the evidence,
oral and documentary, is
already attached to the
record. (Sec. 10, Rule 44,
Rules of Court)
CLARENCE TIU
ATENEO LAW 3B, BATCH 2017
1.
2.
3.
4.
A prior motion for
reconsideration or new trial
within fifteen days from notice
of judgment is required
before an apeal may be
taken. (Sec. 19, Rule on
Custody of Minors)
Mode: Notice of Appeal (Rule
41) or Appeal by Certiorari
(Rule 45)
Period: Within fifteen days
from notice of the denial of
the MR or MNT and service
to adverse parties. (Sec. 19,
Rule on Custody of Minors)
In lieu of briefs, their
respective memoranda within
a non-extendible period of 30
days from receipt of the
notice issued by the clerk that
all the evidence, oral and
documentary, is already
attached to the record. (Sec.
10, Rule 44, Rules of Court)
WRIT OF AMPARO
WRIT OF HABEAS DATA
WRIT OF KALIKASAN
1.
2.
Motion to dismiss;
Motion for extension of time to file return, opposition, affidavit,
position paper and other pleadings;
3. Dilatory motion for postponement;
4. Motion for a bill of particulars;
5. Counterclaim or cross-claim;
6. Third-party complaint;
7. Reply;
8. Motion to declare respondent in default;
9. Intervention;
10. Memorandum;
11. Motion for reconsideration of interlocutory orders or interim relief
orders; and
12. Petition for certiorari, mandamus or prohibition against any
interlocutory order.
(Sec. 11, Rule on the Writ of Amparo; Sec. 13, Rule on the Writ of
Habeas Data)
1.
2.
Mode: Appeal by Certiorari (Rule 45)
It may raise questions of fact or law or both.
Period: within five (5) working days from the date of notice of
the adverse judgment.
The appeal shall be given the same priority as in habeas
4.
corpus cases.
(Sec. 19, Rule on the Writ of Amparo; Sec. 19, Rule of the Writ of
Habeas Data)
1.
1.
2.
3.
12
Motion to dismiss;
Motion for extension of
time to file return;
Motion for postponement;
3.
Motion for a bill of
4.
particulars;
Counterclaim or cross5.
claim;
Third-party complaint;
6.
Reply; and
7.
Motion to declare
8.
respondent in default.
(Sec. 9, Rule 7, Rules of
Procedure for Environmental
Cases)
Mode: Appeal by
Certiorari (Rule 45)
It may raise questions of
2.
fact or law or both.
Period: Within fifteen (15)
3.
days from the date of
notice of the adverse
judgment or denial of
motion for reconsideration
(Sec. 16, Rule 7, Rules of
Procedure for Environmental
Cases)
RULES ON SPECIAL PROCEEDINGS
RULES ON ADOPTION
RULES ON ADOPTION
DOMESTIC ADOPTION
Governing Rules
and Laws
1.
2.
INTER-COUNTRY ADOPTION
Rule on Adoption (A.M. No. 02-6-02-SC [A]: Domestic Adoption)
Domestic Adoption Act of 1998 (RA 8552 as amended by RA 9523)
1.
2.
Rule on Adoption (A.M. No. 02-6-02-SC [B]: Inter-Country
Adoption)
Inter-Country Adoption Act of 1995 (RA 8552 as amended
by RA 9523)
Scope and
Applicability
Applies to Filipinos and Aliens permanently residing in the Philippines, who wish to adopt a Filipino child
Applies to Filipinos and Aliens permanently residing in a foreign
country who wish to adopt a Filipino child
Type of
Proceeding
Judicial
Extra-Judicial
Where to File
(Court which has
Jurisdiction)
1.
Who may Adopt
1.
2.
3.
Qualifications of
Adopters
Qualifications of Filipinos
Legal age
1.
In possession of full civil capacity and legal rights
2.
Of good moral character
3.
Has not been convicted of any crime involving moral turpitude
4.
Emotionally and psychologically capable of caring for children
5.
At least 16 years older than the adoptee; and
6.
In a position to support and care for his children in keeping with the means of the family
7.
BUT, the requirements of 16- year difference between the age of the adopter and adoptee may be waived when
the adopter is:
The biological parent of the adoptee; or
1.
The spouse of the adoptee’s parent
2.
2.
Petitioner for Adoption: Family Court of the province or city where the prospective adoptive parents reside.
(Sec. 6, Rule on Adoption, (A) Domestic Adoption)
Petitioner for Rescission of Adoption: Family Court of the city or province where the adoptee resides. (Sec.
20, Rule on Adoption, (A) Domestic Adoption)
The petition may be filed either with the:
Family court having jurisdiction over the place where the
child resides or may be found, or
Inter-Country Adoption Board (ICAB)
2.
(Sec. 28, Rule on Adoption, (B) Inter-Country Adoption)
1.
Filipino citizens
Aliens
Guardians with respect to the ward (but only after the termination of guardianship and clearance of his
financial accountabilities
(Sec. 4, Rule on Adoption, (A) Domestic Adoption)
Qualifications of Aliens
Must possess the same qualifications for filipino citizens
His country has diplomatic relations with the Philippines
He has been living in the Philippines for at least three continuous years prior to the filing of the petition for
adoption and maintains such residence until the adoption decree is entered
4. He has been certified by his diplomatic or consular office or any appropriate government agency to have
the legal capacity to adopt in his country; and
1.
2.
3.
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13
Filipino citizens and Aliens permanently residing abroad
(Sec. 28, Rule on Adoption, (B) Inter-Country Adoption)
1.
2.
3.
4.
5.
6.
At least twenty-seven (27) years of age and at least sixteen
(16) years older than the child to be adopted at the time of
application, unless the petitioner is the parent by nature of
the child to be adopted or the spouse of such parent, in
which case the age difference does not apply;
Has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws,
and has undergone the appropriate counseling from an
accredited counselor in his country;
Has not been convicted of a crime involving moral turpitude;
e) that he is eligible to adopt under his national law;
Can provide the proper care and support and instill the
necessary moral values and example to all his children,
including the child to be adopted;
Agrees to uphold the basic rights of the child, as embodied
under Philippine laws and the U. N. Convention on the
Rights of the Child, and to abide by the rules and regulations
issued to implement the provisions of Republic Act No. 8043;
Comes from a country with which the Philippines has
diplomatic relations and whose government maintains a
RULES ON SPECIAL PROCEEDINGS
RULES ON ADOPTION
DOMESTIC ADOPTION
5.
INTER-COUNTRY ADOPTION
His government allows the adoptee to enter as his adopted child
BUT, the requirements on residency and certification of the alien’s qualification to adopt in his country may be
waived, if the adopter, who is an alien, is:
1. A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity or affinity,
2. One seeks to adopt the legitimate child of his Filipino spouse
3. One who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth
degree of consanguinity or affinity of the Filipino spouse
(Sec. 4, Rule on Adoption, (A) Domestic Adoption)
Requirement of
Joint Adoption
by Spouses
Who may be
Adopted
Persons whose
Consent to the
Adoption is
Required
Husband and wife must jointly adopt, EXCEPT in the following cases:
One spouse seeks to adopt the legitimate child of one spouse by the other spouse
1.
One spouse seeks to adopt his own illegitimate child, provided that the other spouse has give consent
2.
The spouses are legally separated from each other
3.
(Sec. 4, Rule on Adoption, (A) Domestic Adoption)
Any person below eighteen (18) years of age who has been voluntarily committed to the Department of
Social Welfare and Development (DSWD) or judicially declared available for adoption;
The legitimate child of one spouse, by the other spouse;
2.
An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;
3.
A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently
4.
considered and treated by the adopters as their own child since minority;
A child whose adoption has been previously rescinded; or
5.
A child whose biological or adoptive parents have died (but proceedings must be initiated beyond 6 months
6.
from such deaths)
A child not otherwise disqualified by law or these rules.
7.
(Sec. 5, Rule on Adoption, (A) Domestic Adoption)
1.
similarly authorized and accredited agency and that adoption
of a Filipino child is allowed under his national laws; and
7. Possesses all the qualifications and none of the
disqualifications provided in this Rule, in Republic Act No.
8043 and in all other applicable Philippine laws.
(Sec. 30, Rule on Adoption, (B) Inter-Country Adoption)
If married, spouses must jointly file for adoption for inter-country
adoption
(Sec. 30, Rule on Adoption, (B) Inter-Country Adoption)
Only a child legally available for domestic adoption may be the
subject of inter-country adoption.
(Sec. 29, Rule on Adoption, (B) Inter-Country Adoption)
Child Legally Available for Adoption refers to a child in whose
favor a certification was issued by the DSWD that he/she is
legally available for adoption after the fact of abandonment or
neglect has been proven through the submission of pertinent
documents, or one who was voluntarily committed by his/her
parent(s) or legal guardian.
(Sec. 2, RA 9523)
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or the legal guardian, or the child-placement agency, childcaring agency, or the proper government instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age
or over;
4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
(Sec. 9, Domestic Adoption Act)
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14
RULES ON SPECIAL PROCEEDINGS
RULES ON ADOPTION
DOMESTIC ADOPTION
Contents of the
Verified Petition
INTER-COUNTRY ADOPTION
Adopter is Filipino
The jurisdictional facts;
That the petitioner is of legal age, in possession of full civil capacity and legal rights; is of good moral
character; has not been convicted of any crime involving moral turpitude; is emotionally and
psychologically capable of caring for children; is at least sixteen (16) years older than the adoptee, unless
the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent; and is in a
position to support and care for his children in keeping with the means of the family and has undergone
pre-adoption services as required by Section 4 of Republic Act No. 8552.
1.
2.
Adopter is Alien
Same contents as when the adopter is filipino (plus additional stuff)
That his country has diplomatic relations with the Republic of the Philippines;
That he has been certified by his diplomatic or consular office or any appropriate government agency to
have the legal capacity to adopt in his country and his government allows the adoptee to enter his country
as his adopted child and reside there permanently as an adopted child; and
That he has been living in the Philippines for at least three (3) continuous years prior to the filing of the
4.
petition and he maintains such residence until the adoption decree is entered.
‣ But remember that the requirements of qualification to adopt in his country and residency may be waived in
the proper cases, in that case, you allege the facts which constitute the basis for that
1.
2.
3.
Adopter is Guardian
‣ That the guardianship had been terminated and the guardian had cleared his financial accountabilities.
(Sec. 7, Rule on Adoption, (A) Domestic Adoption)
What the
Petition may
also Include
(Other Prayers)
Petitioner must allege:
1. His age and the age of the child to be adopted, showing that
he is at least twenty-seven (27) years of age and at least
sixteen (16) years older than the child to be adopted at the
time of application, unless the petitioner is the parent by
nature of the child to be adopted or the spouse of such
parent, in which case the age difference does not apply;
2. If married, the name of the spouse who must be joined as copetitioner except when the adoptee is a legitimate child of his
spouse;
3. That he has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws,
and has undergone the appropriate counseling from an
accredited counselor in his country;
4. That he has not been convicted of a crime involving moral
turpitude; e) that he is eligible to adopt under his national law;
5. That he can provide the proper care and support and instill
the necessary moral values and example to all his children,
including the child to be adopted;
6. That he agrees to uphold the basic rights of the child, as
embodied under Philippine laws and the U. N. Convention on
the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of Republic
Act No. 8043;
7. That he comes from a country with which the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that adoption
of a Filipino child is allowed under his national laws; and
8. That he possesses all the qualifications and none of the
disqualifications provided in this Rule, in Republic Act No.
8043 and in all other applicable Philippine laws.
(Sec. 30, Rule on Adoption, (B) Inter-Country Adoption)
The petition may also contain:
An application for change of name,
1.
Rectification of simulated birth,
2.
Voluntary or involuntary commitment of children, or
3.
Declaration of child as a foundling, abandoned, dependent or neglected
4.
(Sec. 7, 8, 9 & 10, Rule on Adoption, (A) Domestic Adoption)
CLARENCE TIU
ATENEO LAW 3B, BATCH 2017
15
RULES ON SPECIAL PROCEEDINGS
RULES ON ADOPTION
DOMESTIC ADOPTION
Requirement of
Supervised Trial
Custody
INTER-COUNTRY ADOPTION
Before issuing the decree of adoption, the court shall order the conduct of Supervised Trial Custody
It shall give the adopter trial custody of the adoptee for a period of at least six (6) months within which the
parties are expected to adjust psychologically and emotionally to each other and establish a bonding
relationship.
Temporary parental authority shall be vested in the adopter.
2.
This should be within the Philippines.
3.
1.
It will be monitored by the social worker of the court, the Department, or the social service of the local
government unit, or the child-placement or child-caring agency which submitted and prepared the case studies.
The governmental agency or the authorized and accredited
agency in the country of the adoptive parents which filed the
application for inter-country adoption shall be responsible for the
trial custody and the care of the child. It shall also provide family
counseling and other related services. The trial custody shall be
for a period of six (6) months from the time of placement. Only
after the lapse of the period of trial custody shall a decree of
adoption be issued in the said country a copy of which shall be
sent to the Board to form part of the records of the child.
(Sec. 14, Inter-Country Adoption Act)
EXCEPTION: The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties
if it finds that the same shall be for the best interests of the adoptee, stating the reasons therefor.
‣ BUT, an alien adopter however must complete the 6-month trial custody except the following:
1. a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or
affinity; or
2. one who seeks to adopt the legitimate child of his Filipino spouse; or
3. one who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse the latter’s
relative within the fourth (4th) degree of consanguinity or affinity.
(Sec. 15, Rule on Adoption, (A) Domestic Adoption)
Requirement of
Publication
Annexes
A copy (of the order setting the date and place of the hearing) must be published before the date of hearing at
least once a week for three successive weeks in a newspaper of general circulation in the province or city where
the court is situated (Sec. 12, Rule on Adoption, (A) Domestic Adoption)
No publication required
Required annexes or documents to be attached to the petition
Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age
and residence of the adoptee;
2. Affidavit of consent in the proper cases
3. Child study report on the adoptee and his biological parents;
4. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government
agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to
enter his country as his own adopted child unless exempted under Sec. 4(2);
5. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the
home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and
6. Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of
the adoptee, if any.
(Sec. 11, Rule on Adoption, (A) Domestic Adoption)
1. Birth certificate of petitioner;
2. Marriage contract, if married, and, if applicable, the divorce
decree, or judgment dissolving the marriage;
3. Sworn statement of consent of petitioner’s biological or
adopted children above ten (10) years of age;
4. Physical, medical and psychological evaluation of the
petitioner certified by a duly licensed physician and
psychologist;
5. Income tax returns or any authentic document showing the
current financial capability of the petitioner;
6. Police clearance of petitioner issued within six (6) months
before the filing of the petitioner;
7. Character reference from the local church/minister, the
petitioner’s employer and a member of the immediate
community who have known the petitioner for at least five (5)
years;
8. Full body postcard-size pictures of the petitioner and his
immediate family taken at least six (6) months before the
filing of the petition.
(Sec. 31, Rule on Adoption, (B) Inter-Country Adoption)
1.
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RULES ON SPECIAL PROCEEDINGS
RULES ON ADOPTION
DOMESTIC ADOPTION
INTER-COUNTRY ADOPTION
Court that
issues the
Adoption Decree
Family Court
(Sec. 16, Rule on Adoption, (A) Domestic Adoption)
Foreign Court
Contents of the
Adoption Decree
The decree will order:
1. The Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary
period within which to appeal;
2. The adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil
Registrar where the child was originally registered within thirty (30) days from receipt of the certificate of
finality. In case of change of name, the decree shall be submitted to the Civil Registrar where the court
issuing the same is situated.
3. The Civil Registrar of the place where the adoptee was registered:
a. to annotate on the adoptee’s original certificate of birth the decree of adoption within thirty (30) days from
receipt of the certificate of finality;
b. to issue a certificate of birth which shall not bear any notation that it is a new or amended certificate and
which shall show, among others, the following: registry number, date of registration, name of child, sex,
date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of
their marriage, when applicable;
c. to seal the original certificate of birth in the civil registry records which can be opened only upon order of
the court which issued the decree of adoption; and
d. to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty
days from receipt of the decree.
e. If the adoptee is a foundling, the court shall order the Civil Registrar where the foundling was registered,
to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered
prepared by the Civil Registrar in accordance with the decree.
(Sec. 16, Rule on Adoption, (A) Domestic Adoption)
Effects of the
Adoption Decree
1.
Who may file a
Petition for
Rescission
Severance of all legal ties between the biological parents and the adoptee, except when the biological
parent is the spouse of the adopter
The adopted shall be deemed to be a legitimate child of the adopters for all intents and purposes
2.
The adopted and adopter shall both acquire the reciprocal rights and obligations arising from the
3.
relationship of parents and child, including but not limited to:
a. The right of the adopter to use the surname of the adopter
b. The right of the adopter and adoptee to be legal and compulsory heirs of each other
c. To receive support
(Sec. 16, 17, 18, Domestic Adoption Act)
Only the adoptee may file a petition for rescission of his adoption
Adoption, being in the best interests of the child, shall not be subject to rescission by the adopter. However, the
adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code. (Sec. 19, Rule on
Adoption, (A) Domestic Adoption)
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RULES ON SPECIAL PROCEEDINGS
RULES ON ADOPTION
DOMESTIC ADOPTION
Where and when
a Petition for
Rescission may
be Filed
INTER-COUNTRY ADOPTION
The petition shall be filed with the Family Court of the city or province where the adoptee resides.
(Sec. 20 Rule on Adoption, (A) Domestic Adoption)
The adoptee, if incapacitated, must file the petition for rescission or revocation of adoption within five (5) years
after he reaches the age of majority, or if he was incompetent at the time of the adoption, within five (5) years
after recovery from such incompetency.
(Sec. 21, Rule on Adoption, (A) Domestic Adoption)
Grounds for
Rescission
The adoption may be rescinded based on any of the following grounds committed by the adopter:
Repeated physical and verbal maltreatment by the adopter despite having undergone counseling;
1.
Attempt on the life of the adoptee;
2.
Sexual assault or violence; or
3.
Abandonment or failure to comply with parental obligations.
4.
(Sec. 19, Rule on Adoption, (A) Domestic Adoption)
Effects of
Rescission
1. The parental authority of the biological parent of the adoptee, if known, or the legal custody of the
Department shall be restored if the adoptee is still a minor or incapacitated
2. The reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.
3. The successional rights shall revert to its status prior to adoption, as of the date of judgment of judicial
rescission.
4. Vested rights acquired prior to judicial rescission shall be respected.
5. The adoptee must use the name stated in his original birth or foundling certificate.
6. The Civil Registrar where the adoption decree was registered will cancel the new birth certificate of the
adoptee and reinstate his original birth or foundling certificate.
(Sec. 23, Rule on Adoption, (A) Domestic Adoption)
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RULES ON SPECIAL PROCEEDINGS