Professional Documents
Culture Documents
EXECUTOR
Appointed by the court in case the testator
did not appoint and executor or if the
executor refused or if the will was
disallowed or there is no will (intestacy)
No such duty
ADMINISTRATOR
May be subject of appeal
One of the obligations is to pay the debts
of the estate
Appointed when deceased died intestate
or did not appoint an executor in the will or
will was disallowed
SPECIAL ADMINISTRATOR
Not subject of appeal
Cannot pay debts of the estate
Appointed when there is delay in granting
letters testamentary or administration
Contents of Petition
MINOR
(a) The jurisdictional facts;
INCOMPETENT
(a) The jurisdictional facts;
6. render to court for its approval an accounting of the property for 1 year from his
appointment and every year thereafter (Sec. 8).
GROUNDS FOR REMOVAL OF A GUARDIAN (exclusive):
1. insanity;
2. incapability or unsuitability to discharge functions;
3. wastage or mismanagement of the property of the ward; and
4. failure to render an account or make a return within 30 days after it was due.
Grounds for Petition (Sec. 4) [THE RULE ON GUARDIANSHIP OF MINORS (A.M.
No. 03-02-05-SC, effective May 1, 2003)]
1. continued absence, or incapacity or death of his parents;
2. suspension, termination or deprivation of parental authority;
3. remarriage of his surviving parent, if the latter is found unsuitable to exercise parental
authority;
4. when the best interest of the minor so requires.
Who may be appointed guardian of the person or property, or both, of a minor
(Sec. 6) (A.M. No. 03-02-05-SC, effective May 1, 2003)
In default of parents or a court appointed guardian, the court may appoint a guardian of
a minor, observing as far as practicable, the following ORDER OF PREFERENCE:
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.
EXECUTOR/ADMINISTRATOR
Accounts are not under oath
and except for initial and final
submission of accounts, they
shall be filed only at such times
as may be requiredby the court.
Court that has jurisdiction may
be MTC or RTC.
GUARDIAN
Accounts must be under
oath and filed annually.
TRUSTEE
Accounts must be under
oath and filed annually.
Guardianship is
terminated upon
attainment of age of
majority of the minor or
upon gaining competency
in the case of an
Incompetent (need court
order for the latter).
Must pay the debts of the
ward.
EXTRAJUDICIAL ADOPTION
Proper in inter-country adoption.
Under the jurisdiction of the Inter-Country
Adoption Board (but a petition may also be
filed with the Family Court [where adoptee
(b) That he/she has been living in the Philippines for at least 3 continuous years prior to
the filing of the application for adoption;
(c) Maintains residence until the adoption decree is entered;
(d) Certified to have legal capacity to adopt; by his/her country; and
(e) That his/her government allows the adoptee to enter his/her country as his/her
adopted son/daughter.
3. The guardian with respect to the ward after the termination of the guardianship and
clearance of his financial accountabilities.
WHO MAY BE ADOPTED (Sec. 5)
1. Any person below eighteen (18) years of age who has been judicially declared
available for adoption OR voluntarily committed to DSWD;
2. The legitimate child of one spouse by the other spouse;
3. An illegitimate child by a qualified adopter to raise the status of the former to that of
legitimacy;
4. A person of legal age regardless of civil status, if, prior to the adoption, said person
has been consistently considered and treated by the adopters as their own child since
minority;
5. A child whose adoption has been previously rescinded;
6. A child whose biological or adoptive parents have died;
7. A child not otherwise disqualified by law or these rules.
GENERAL RULE:
Husband and wife shall jointly adopt.
EXCEPTIONS:
1. If one spouse seeks to adopt the legitimate son/daughter of the other;
2. If one spouse seeks to adopt his/her own illegitimate son/daughter;
3. If the spouses are legally separated from each other.
WRIT OF HABEAS CORPUS
The writ of habeas corpus is a writ directed to the person detaining another,
commanding him to produce the body of the prisoner at a designated time and place,
with the day and cause of his caption and detention, to do, submit to, and receive
whatever the court or judge awarding the writ shall consider in that behalf.
THE WRIT OF HABEAS CORPUS MAY BE OBTAINED IN TWO INSTANCES:
1. cases of illegal confinement or detention by which a person is deprived of his liberty;
and
2. cases by which the rightful custody of the person is withheld from the person entitled
thereto.
WHEN THE WRIT MAY BE AVAILED OF AS A CONSEQUENCE OF A JUDICIAL
PROCEEDING:
1. There has been a deprivation of a constitutional right resulting in restraint of person;
RA NO. 9048
CORRECTION OF CLERICAL OR
TYPOGRAPHICAL ERROR
Extrajudicial (local civil registrar or consul
general in case of non-resident citizen)
Covers clerical or typographical error and
change of first name or nickname
PETITIONS FOR THE CORRECTION,
CANCELLATION OF ENTRIES
Verified petition filed in the RTC where the
corresponding civil registry is located.
Civil registrar concerned is made a party to
the proceeding as a respondent. The
Solicitor General must also be notified by
service of a copy of the petition.
Petition is filed by any person interested in
any ACT, EVENT, ORDER OR DECREE.
Order shall be published once a week for
three consecutive weeks and court shall
cause reasonable notice to person named
in petition
Only typographical errors may be
changed.
Service of judgment shall be upon the civil
register concerned
2. New first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the
community
3. Change will avoid confusion
RA 9048
Administrative proceeding
Affidavit is filed
Penalty clause
Publication requirement: once a week for 2
consecutive weeks
Posting in conspicuous place
Change of name is based on 3
enumerated grounds
RULE 108
Summary judicial proceeding
Petition is filed
No penalty clause
Publication requirement: 3 consecutive
weeks
No posting
Change of name is to correct clerical /
innocuous errors