Professional Documents
Culture Documents
focused on how Kenrick was able to obtain title to lands wherein it built perimeter fence. Here is where
BAS IS A ND C O MPO NE NT S OF RE ME D IAL LA W atty. Garlitos denied that he signed the answer before the RTC
Article VIII, Section 13, Constitution -with that admission before the senate, OSG filed Urgent motion to declare Kenrick in default. - answer
The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall no signature of counsel so mere scrap of paper
be reached in consultation before the case is assigned to a Member for the writing of the opinion of the -RTC: granted, declared defendant in default, allowed RP to present evidence ex parte
Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached -MR: Denied, so petition for certiorari
to the record of the case and served upon the parties. Any Member who took no part, or dissented, or -CA: reversed RTC
abstained from a decision or resolution must state the reason therefor. The same requirements shall be statements of Atty. Garlitos in the Senate hearing unreliable, not subject to cross examination
observed by all lower collegiate courts. Acts of Atty Garlitos after the filing of the answer: although he did not sign it, he prepared the draft of
the answer and even if it was signed by another person, he did not contest it and even represented
Kenrick in another case - these acts supposedly cured whatever defect the answer had
Civil Procedure (Section 3a, ROC)
Ordinary Civil Action: one by which a party sues another for ISSUE: WON CA erred ? YES. Kenrick is really in default, for their answer was not signed therefore the
...the enforcement or protection of a right, said pleading is deemed as a mere scrap of paper and thus they are not considered to have submitted
...or the prevention or redress of a wrong any answer at all.
Special Civil Action: similar to an ordinary civil action but subject to specific rules prescribed for it
On the alleged blanket authority given by Atty. Garlitos for anyone to sign the draft answer he
Special Proceedings prepared
-a remedy by which a party seeks to establish -acts of Kenrick was deemed to have adopted the statements of Atty. Garlitos (that the answer
...a status submitted was not signed by him therefore, they have submitted a defective answer) - adoptive
…a right admission
…or a particular fact -SIGNED PLEADING: signed by the counsel or the party himself; counsel's signature cannot be delegated
and means that he certifies that he has read the pleading; that, to the best of his knowledge, information
Criminal procedure and belief, there is a good ground to support it; and that it is not interposed for delay. Under the Rules of
-criminal Action: one by which the State Court, it is counsel alone, by affixing his signature, who can certify to these matters.
…prosecutes a person
…for an act or omission punishable by law On liberal interpretation of rules (rules are mere technicalities….)
Procedural requirements which have often been disparagingly labeled as mere technicalities have their
Evidence own valid raison d’ etre in the orderly administration of justice. To summarily brush them aside may
R128.1 Evidence is the means result in arbitrariness and injustice. 19
Sanctioned by these rules The Court’s pronouncement in Garbo v. Court of Appeals 20 is relevant:
Of ascertaining in a judicial proceedings Procedural rules are [tools] designed to facilitate the adjudication of cases. Courts and litigants alike
The truth are thus [enjoined] to abide strictly by the rules. And while the Court, in some instances, allows a
In relation to a matter of fact relaxation in the application of the rules, this, we stress, was never intended to forge a bastion for
erring litigants to violate the rules with impunity. The liberality in the interpretation and application of
Importance of Procedural Rules the rules applies only in proper cases and under justifiable causes and circumstances. While it is true
REPUBLIC V. KENRICH DEV'T CORPORATION 498 SCR A 220 that litigation is not a game of technicalities, it is equally true that every case must be prosecuted in
Facts: accordance with the prescribed procedure to insure an orderly and speedy administration of justice.
-Kenrick Development Corp built a perimeter wall which encroached upon some parcels of land occupied Like all rules, procedural rules should be followed except only when, for the most persuasive of
by ATO based on TCTs derived from TCT No. 17508 registered in the name of one Alfonso Concepcion. reasons, they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of
When ATO verified the TCTs with the Land Registration Authority (LRA), it was found that there were no his thoughtlessness in not complying with the prescribed procedure. 21 In this case, respondent failed
record of TCT no. 17508 and its ascendant title. Land was also covered by Villamor Air Base. to show any persuasive reason why it should be exempted from strictly abiding by the rules.
-so OSG, on behalf of LRA, filed a COMPLAINT FOR REVOCATION, ANNULMENT AND CANCELLATION OF As a final note, the Court cannot close its eyes to the acts committed by Atty. Garlitos in violation of
CERTIFICATES OF TITLE in behalf of RP vs. Kenrick and Alfonso Concepcion the ethics of the legal profession. Thus, he should be made to account for his possible misconduct.
-Alfonso Concepcion cannot be found so alias summon by publication done
-Kenrick allegedly filed an answer signed by Atty. Onofre Garlitos, Jr as their counsel (but later on, during SAN PABLO MANUFACTURING CORP ORATION V. CIR 492 SCRA 192
a Senate hearing, it was found that somebody else signed for Atty. Garlitos but he did not authorize such San Pablo Manufacturing Corporation was assessed by the BIR for DEFICIENCY miller's tax and
signing) manufacturer's sales tax. It was imposed on the sales of corn and edible oil as manufactured products.
-case punctuated by various incidents relative to modes of discovery, pre-trial, postponements or SPMC opposed the assessment but their protest was denied. SPMC appealed to CTA.
continuances, MTDs, Motion to declare defendant in default, et al. -CTA: cancelled deficiency manufacturer's tax on sales of corn and edible oils but not deficiency miller's
tax. MR denied
Finally, on the alleged procedural flaw in petitioner’s petition before the appellate court. Petitioner’s VEN UE A ND P ROC ES S – R ULE 73, S EC T ION S 1 -4
failure to attach to his petition before the appellate court a copy of the trial court’s order denying its Section 1 – Where estate of deceased persons settled.
motion for reconsideration of the disapproval of its Notice of Appeal is not necessarily fatal, for the rules If the decedent is an inhabitant of the Philippines at the time of his death,
of procedure are not to be applied in a technical sense. Given the issue raised before it by petitioner, Whether a citizen or an alien
what the appellate court should have done was to direct petitioner to comply with the rule. His will shall be proved,
Or letters of administration granted
As for petitioner’s failure to submit copy of the trial court’s order granting the petition for declaration of And his estate settled,
presumptive death, contrary to the appellate court’s observation that petitioner was also assailing it, In the Court of First Instance in the province in which he resides at the time of his death
petitioner’s 8-page petition filed in said court does not so reflect, it merely having assailed the order And if he is an inhabitant of a foreign country,
disapproving the Notice of Appeal. 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
DEF I NI TIO N: R2.2 , RO C Shall exercise jurisdiction to the exclusion of all other courts.
The jurisdiction assumed by a court
Cause of action defined: a COA
So far as it depends on the place of residence of the decedent
-is the act or omission
Or of the location of his estate
By which a party violates the right of another
Shall not be contested in a suit or proceeding
Except in an appeal from that court
DI STI NG UI SH E D FRO M C IVI L AC TI ON R2 .1 AN D 2.2 In the original sense
R2.1: Ordinary Civil Actions, basis of - Or when the want of jurisdiction appears on the record.
every civil action
Must be based on a cause of action Section 2 – Where estate settled upon dissolution of m arriage
R2.2 COA When the marriage is dissolved
-probate proceeding, nature: WON the intestate proceeding should be discontinued and a new proceeding should be instituted
That a special proceeding for the settlement of an estate is filed and intended to settle the ENTIRE estate instead?
of the deceased is obvious and elementary. It would be absurd for the heirs to intentionally excluded or -this is in the sound discretion of the court. In no manner does it prejudice the substantial rights of any
leave a parcel of land or a portion thereof undistributed or undivided because the proceeding is heirs or creditors. Amor propio is perhaps the only thing is at stake on this phase of the controversy.
precisely designed to end the community of interests in properties held by co-partners pro indiviso
without designation or segregation of shares. WON a regular executor should be appointed?
-It is readily apparent from the project of partition that it was meant to be, as in fact it is, a full and -appointment of the deceased's husband as executor or administrator: If one other than the surviving
complete adjudication and partition of all properties of the estate, necessarily including the entire area spouse is appointed, which is possible, the feared conflict will not materialize. If Victorio Reynoso is
of the land covered by Transfer Certificate of Title No. 42643. Thus as perceptively posed by the queries chosen, a special administrator may be named to represent the estate in the suit against him. Section 8
of the respondents, if the intention of the heirs was to make only a partial adjudication and distribution of Rule 87 provides that "If the executor or administrator has a claim against the estate he represents, he
of the subject parcel of land, why is it that they did not make any further disposition of the remaining shall give notice thereof, in writing, to the court, and the court shall appoint a special administrator who
balance of 720,000 square meters? What sound reason would the heirs have in holding in suspense the shall, in the adjustment of such claim, have the same power and be subject to the same liability as the
distribution of the difference of 720,000 square meters? general administrator or executor in the settlement of the claims." The situation in which Victorio
-if they cannot see eye to eye, why share properties as co-owners? Reynoso is found with reference to the land within the spirit if not exactly within the letter of this
-weird that the parties came up with 83,781, just omitting the zeroes. So only logical reason is that they provision.
just forgot to put zero. -Subject to this observation, an administrator should be appointed without delay in accordance with the
-according to her own computation, she already received her 1/16 share in the estate. There would not final decision of the Court of Appeals. The appointment of a special administrator is justified only when
be a substantial difference in value in their shares... there is delay in granting letters testamentary or of administration occasioned by an appeal from the
allowance or disallowance of a will or some other cause. The Court of Appeals having decreed the
REYNOS O V. SANTI AGO, 85 PHIL 268 probate of the will and the appointment of an albacea, there is no valid reason for the further retention
Short summary: husband and eldest son wanted to reopen the probate proceedings of the deceased of a special administrator. The appointment of a regular administrator is necessary for the prompt
wife/mom and wanted the reappointment of the surviving husband as the executor settlement and distribution of the estate. There are important duties devolving on a regular
Facts: administrator which a special administrator can not perform, and there are many actions to be taken
Decedent: Salvadora Obispo by the court which could not be accomplished before a regular administrator is appointed.
S.Spouse: Victorio Reynoso
Eldest son: Juan Reynoso B. EX TRAJ UD IC I AL SET TLE ME NT B Y AGR EE ME NT BE TW EE N H EI RS – S UM MA RY
-Leoncio Cadiz and other heirs of decedent Salvadora Obispo presented an application in CFI for SET TLE ME NT OF E ST ATE S
administration of Salvadora's property (No. 2914)
-Father and son opposed application and filed a document, allegedly the last will and testament of
Salvadora, w/ a counter petition for probate Section 1. Extrajudicial settlement by agreement between heirs
TC: alleged last will and testament is a forgery If the decedent left no will
CA: reversed And no debts
And the heirs are all of age
Or the minors are represented by their judicial or legal representatives duly authorized for the purpose
-WON Action has already prescribed Those who signed the notarized EJ Settlement:
No. Ester
*Article 494, NCC: "no co-owner shall be obliged to remain in the co-ownership. Such co-owner may Visitacion
demand at anytime the partition of the thing owned in common, insofar as his share is concerned." Juan
... "No prescription shall lie in favor of a co-owner or co-heirs as long as he expressly or impliedly Zenaida
recognizes the co-ownership." Rosario
*Budlong vs. Bondoc: action for partition is imprescriptible. It cannot be barred by prescription -the said EJ Settlement was published in Catanduanes Tribune for 3 consecutive weeks
-they were also the ones who executed an EJ Settlement Among Heirs with Sale with Cua
-how divided: *the latter 4 never signed any document
Old civil code applies (as Donata and Buenaventura both died in the 1930s when the NCC was only *all documents executed and published in 1994
effective 1950).
Art 921 and 931: intestate succession = all children would divide the estate equally -one of the heirs (Gloria Vargas, widow of Santiago Vargas) claimed that she only knew of the EJ
Art834: widow was only entitled to usufruct over property, which would terminate upon her death Settlement + Sale when the original house was demolished sometime in 1995; claimed she was unaware
of said settlement
WON Laches would apply. -tried to redeem the property from Cua but Cua refused their offer
NO. -amicable settlement not reached in barangay level
-Laches is the negligence or omission to assert a right within a reasonable time, warranting a -ACTION FOR ANNULMENT OF EJ SETTLEMENT AND LEGAL REDEMPTION OF LOT, MTC: 30-d period ff a
presumption that the party entitled to assert it has abandoned it or declined to assert it. It does not written notice by vendors to co-owners not sent to them so the EJ Settlement and Sale were null and
involve mere lapse or passage of time, but is principally an impediment to the assertion or enforcement void and had no legal effect on them
of a right, which has become under the circumstances inequitable or unfair to permit. MTC: DISMISS
-There is no evidence showing failure or neglect on their part, for an unreasonable and unexplained -transaction occurred after partition so the co-owners could validly dispose of their shares
length of time, to do that which, by exercising due diligence, could or should have been done earlier. The -written notice of sale under A1088, though not sent, was cured by the ACTUAL KNOWLEDGE OF SALE
(which was more than 30d before filing of complaint)
WON Cua was a builder in GF Section 4. Custodian and Executor subject to fine for neglect
-not in GF because he was very much aware that NOT ALL THE HEIRS PARTICIPATED IN THE EJ A person
SETTLEMENT + SALE, as evident from the face of the document itself Who neglects any of the duties required in the two last preceding sections
-since no valid partition yet, no sale could occur. Despite this glaring fact, and over the protests of the Without excuse satisfactory to the court
respondents, he still constructed improvements on the property Shall be fined not exceeding P2k.
WON MTC does not have jurisdiction, this being incapable of pecuniary estimation Section 5. Person retaining will may be committed.
Cua estopped thru active participation in the MTC A person
Having custody of a will after the death of the testator
WON it should still be dismissed for non-joinder of indispensable parties Who neglects without reasonable cause to deliver the same,
NO. When ordered so to do,
5. Other defects:
ISSUES RULE 77
1. WON the will was revoked by Adriana. Section 1. Will proved outside Philippines may be allowed here. -
2. WON the case is barred by res judicata. Wills
proved
4. ON PROPERTIES FOR SIBLINGS: since there's still a residue, can't close SP yet BUT WHATEVER HAPPENS, PCIB can't claim that the estate of Linney is not entitled to at least 1/4 of
>PCIB: NO LIQUIDATION OF CONJUGAL PROPERTIES YET, PCIB SHOULD SOLELY ADMINISTER EVERYTHING conjugal property, they having argued that it is so
TO DETERMINE THE SEPARATE ESTATE OF LINNEY, OVER W/C MAGNO COULD ADMINISTER
H: NO. both PCIB and Magno should administer
a. It was Charles' fault why no administration of estate yet
b. Admin should both be
>impartial
FROM SIR B, WITH L VE
>extent of interest
-will executed in Texas - Oklahoma
c. Executor (PCIB) of Executor (Charles, over Linney's) Can't administer estate of decedent
-Charles made executor by Linney, but Charles had no executor - so administrator dapat
(Linney) _ R78.6
-as regards foreign laws:
d. Liquidation of conjugal partnership may be done in either spouse's probate proceedings -
Should be proved as a fact
R73.2
R132 on Public documents
SIR: Dapat use an expert witness
SUCCESSION: WON THERE'S SUBSTITUTION? None
1. No simple or vulgar substitution (A859, NCC) Prove in accordance w/rp law
…no provision for:
Predecease of T for designated heir
Refusal SALUD TEODOR O VDA DE PEREZ V. HON. ZOTICO T OLETE
Incapacity of designated heir to accept inheritance Short Summary: Former Filipino Sps mutually made wills with the same provisions, saying that upon deat
2. No fideicomissary substitution of Mr. Cunanan, his wife would inherit, and in the case that the two die at the same time, the
…no obligation on Charles to preserve the estate presumption is that Mr. Cunanan died first. Both died with the rest of the family in a fire. Executor
3. There's simultaneous institution of heirs subject to resolutory condition of Charles' death appointed in the will had the will probated abroad, but the mother of Mrs. Cunanan petitioned for the
-Charles was to enjoy the whole estate probate of the will here in RP w/o notice to the Cunanan heirs and w/o proving the foreign law
-but he can't dispose of property mortis causa (because it's already subject to the will made by his wife, applicable. The court held that the case should be remanded for the mother to show foreign law and
which he agreed in the provision of his will) that notice should be given to the Cunanan heirs.
4. Charles didn't get mere usufruct: he exercises full ownership
PRIL: WON RP LAW GOVERNS LEGITIME OF CHARLES? No answer yet. Remanded D-2. L ET TER S T ES T AMEN T AR Y AND O F ADMINIS TR ATI ON, WH EN A ND T O W HO M
PCIB Magno IS S U ED – R 78
RULE 78
Art 16,NCC: applies: law of nationality IF Art16 applies, then Texas Section 1. Who are incompetent to serve as executors or administrators. –
If we apply Texas PRIL law: law should govern; Texas law No person
Personal property: law of domicile provides no legitime incompetent to serve as executor or administrator who:
Real property: law of situs (a) Is a minor;
(both in RP) (b) Is not a resident of the Philippines; and
Longer Short summary: the decedent left 11 heirs, 8 of them initiating probate proceedings of his
intestate estate. The remaining 3 heirs filed their opposition, which was denied even until court of SUMILANG V. ROMAGOSA
appeals. The only point they raised on their appeal to the SC is WON the case should have dismissed Short Summary: In Tagalog, the will of the decedent made Sumilang the sole heir. But allegedly, the
based on failure to comply with a condition precedent - the absence of earnest efforts toward decedent already sold to the oppositors the property to be inherited by Sumilang. Court held that the
compromise among the members of the same family, as required by Art222, NCC. Court held that that Inquirty into the intrinsic validity of the will (that there was already a sale of the property) is not
governed by probate proceedings, citing Nuguid vs. Nuguid.
WON the court properly dismissed the motion to dismiss (WON the court properly ignored grounds for 1. What does R79.2 contain:
dismissal which goes to the intrinsic validity of the will)? YES Contents of the petition for letters of administration
1. Should focus on EXTRINSIC VALIDITY OF THE WILL A. Jurisdictional facts:
-what are the extrinsic validity of the will (NUGUID v. NUGUID): Death of testator
Testator's testamentary capacity Residence of the testator at the time of death
Compliance w/ formal requisites or solemnities prescribed by law If resident of a foreign country: that he left his estate in the province where the court sits
…if INTRINSIC VALIDITY: premature >>>the following facts were sufficiently showed in Gonzales' petition.
Efficacy of the provisions of the will >>>the allegation that a petitioner for letters of administration should be an INTERESTED PERSON is not
Legality of any device or legacy a jurisdictional fact which is required to be shown for the court to acquire jurisdiction
WON REVOCATION MATTERS? NO 2. Wrong ground: should have filed MTD based on lack of legal capacity to sue (as the provision
-Probate is one thing; validity of the testamentary provisions is another. requires that the petition for letters of administration be filed by an "interested person")
-GR: Saguinsin v. Lindayag: INTERESTED PERSON DEFINED: one who would be benefited by the estate,
PROBATE VALIDITY OF TESTAMENTARY PROVISIONS
such as an heir, or one who has a claim against the estate, such as a creditor; this interest must be
material and direct, not merely indirect or contingent.
Decides Decides
-X: if barred by waiver or estoppel
*execution of the document *descent
…here, there's waiver of ground: the respondents filed an Opposition instead of a motion to dismiss,
*testamentary capacity of testator *distribution of estate
merely opposing the issuance of letters of administration in favor of Gonzales who was a stranger to the
estate. Failure to raise the objection timely is a waiver, in accordance w/ R15.8
WON they could oppose the proceedings, they being not w/n the 5th degree as provided by law? NO. …lack of capacity to sue, however, cannot be used as an affirmative defense
should be interested parties to be allowed to intervene
WON the court acquired jurisdiction over them? YES
PILIPINAS SHELL PETR OLEU M CORP ORATION VS. DUMLAO -the administrator (see, Bonifacio Canonoy was indeed made an administrator!) and the other
Short Summary: Interest of Petitioner was assailed as supposed to be part of the jurisdictional facts to respondents invoked jurisdiction by praying for relies and remedies in their favor in their oppositions
be indicated in the application for probate. Court held that interest of a party/witness involves the -court acquired jurisdiction over them by voluntary appearance
intrinsic validity of the will, and is not covered by probate, need not be alleged. Interest of the Petitioner
who was sought to be made the administrator is irrelevant as to jurisdictional facts.
Facts
-Ricardo Gonzales, an employee of Shell Phlippines, filed a petition for a Letter of Administration for the
Intestate Estate of Regino Canonoy
-The heirs of Regino Canonoy filed an opposition, saying that Gonzales was a complete stranger to the
intestate estate:
Not an heir
Not a creditor
Not a resident of Butuan, where most of the properties of the estate are located
DE GUZMAN V. ANGELES
FROM SIR B, WITH L VE Short summary: This is a dispute between the surviving spouse (appointed special adminsitratrix) and
Probate Proceedings should also include Testamentary Capacity of the the father in law as to the properties allegedly belonging to the estate of the deceased but was being
Testator (understanding of the nature of acts, understands for whom the claimed by, and was in the possession of, the father in law. Father in law now assails the appointment of
property is being given, the object of the bounty) daughter in law as special administratrix, as well as the order for writ of possession, even before notice
Who would you choose to be a witness to the execution of your will? was given to him. Court held that NOTICE is needed, even for the appointment of a special administrator,
>DOCTOR: to attest to the soundness of your mind as it is a position of trust and confidence which needs notice (to inform interested parties) and hearing
>LAWYER: to guide you in the formalities required by law where the petitioner who seeks to be appointed proves his qualifications, and the oppositors contests it.
Facts:
-Manolito de Guzman died intestate.
-Elaine de Guzman (surviving spouse) filed petition for settlement of intestate estate of the decedent
D -4. S P E CIA L ADMINIS TR AT OR R U LE 80 S EC TI ON S 1 -3 before RTC Makati, alleging the following:
Manolito died in Makati, as a resident of Makati
Left properties which were acquired after the marriage of Manolito and Elaine (thus Conjugal property)
Section 1. Appointment of special administrator. -
Possible creditors
When there is delay
Copulsory heirs: Elaine (SS), 2 minor Children
in granting letters testamentary or of administration
Manolito died intestate (w/o a will)
by any cause including an appeal from the allowance or disallowance of a will,
Elaine most qualified to be the administrator
the court may appoint a special administrator
to take possession
+ filed motion for writ of possession over 5 of Manolito's vehicles (who were in the possession of
and charge of the estate of the deceased
Manolito's father - Pedro de Guzman - the petitioner): granted!
until the questions causing the delay are decided
and executors or administrators appointed.
-Petitioner made appearance, sought for extension to file opposition to the Motion for writ of possession
Section 2. Powers and duties of special adminsitrator. -
-Elaine filed EX-Parte Motion to be Appoint as the Special Administatrix. Motion set for hearing, all
Such special administrator shall
parties directed to be notified (BUT NO NOTICE GIVEN TO THE PETITIONER!!!)
take possession and charge of the
- RTC granted:
goods,
* made Elaine the special administratrix
chattels,
* Granted motion for assistance of some military men and/or policemen to assist Elaine in preserving the
rights,
estate of Manolito
credits,
-Elaine tried to enforce order. Pedro de Guzman (petitioner) resisted, resulting in a "near shoot-out
and estate of the deceased
between members of the Makati Police and CAPCOM soldiers which was diffused by the arrival of Mayor
and preserve the same for the executors or administrator afterwards appointed,
Binay and the agreement that the bulldozer sought to be taken be placed in Mayor Binay's custody while
and for that purpose
the parties sought for clarification
may commence and maintain suits as administrator.
-CLARIFICATION: the order only covers properties of the estate, not those claimed by 3P
He may sell only such
-Pedro then filed motion, giving list of properties he claimed he owns; also filed this petition to annul the
…perishable
orders given
…and other property as the court orders sold.
A special administrator shall not be liable to pay any debts of the deceased
WON a probate court may appoint a special administratrix and issue a writ of possession of alleged
unless so ordered by the court.
properties of a decedent for the preservation of the estate in a petition for the settlement of the
intestate estate of the said deceased person even before the probate court causes notice to be served
Section 3. When powers of special administrator cease. Transfer of effects. Pending suits. -
upon all interested parties pursuant to section 3, Rule 79 of the Revised Rules of Court?
When letters testamentary or of administration are granted on the estate of the deceased,
DISTINGUISH BETWEEN JURISDICTION OF THE PROBATE COURT OVER THE PROCEEDINGS vs.
the powers of the special administrator shall cease,
JURISDICTION OVER THE PERSONS WHO ARE INTERESTED IN THE SETTLEMENT OF THE ESTATE
and he shall forthwith deliver to the executor or administrator the
…goods,
The probate court, in accordance w/ R79.3, must first cause notice through publication of petition!
…chattels,
-purpose: bring all interested persons w/n the court's jurisdiction so that the judgment therein becomes
…money,
binding on all the world
…and estate of the deceased in his hands.
-if no notice:
The executor or administrator may prosecute to final judgment
Special administrator: representative of decedent appointed by the probate court to care for and WON a special administrator should have been issued to administer the properties allegedly of the
preserve his estate until an executor or general administrator is appointed. estate when the oppositors who claim ownership over the property are in possession of the same?
YES!!!
WON the orders could have been issued w/o notice: ONLY if there's urgency *Look at R80.1*
-Here: no necessity/urgency for the issuance of the said orders w/o first giving notice to interested -under R80.1, the probate court may appoint a special administrator when:
persons; no avoidable delay There is delay in granting letters testamentary/administration
-emergency situations threatening the dissipation of the assets of an estate justify a court's immediately Irrelevant whatever caused the delay
taking some kind of temporary action even without the required notice For period: until the cause of delay is decided and executors or administrators are appointed
-the appointment of a special administrator lies in the DISCRETION OF THE COURT - which must be
So GR: give notice sound: not whimsical, not contrary to reason, justice, equity or legal principle
X: emergency situations *What types of delays usually considered/sufficient grounds for granting special administration:
Where a contest as to the will is being carried on in the same or in another court
Why give notice even for appointment of special administrator: Where there is an appeal pending as to the proceeding on the removal of an executor/administrator
"The position of special administrator, by the very nature of the powers granted thereby, is one of trust Where the parties cannot agree among themselves
and confidence. It is a fiduciary position and, therefore, requires a comprehensive determination of the When general administration cannot be immediately granted
suitability of the applicant to such position. Hence, under Philippine jurisprudence, it has been settled *reasons why appoint a special administrator:
that the same fundamental and legal principles governing the choice of a regular administrator should be *"The reason for the practice of appointing a special administrator rests in the fact that estates of
taken in choosing the special administrator (Francisco, Vol. VB, page 46 citing the cases of Ozaeta v. decedents frequently become involved in protracted litigation, thereby being exposed to great waste
Pecson, Ibid. and Roxas v. Pecson, Ibid.) and losses if there is no authorized agent to collect the debts and preserve the assets in the interim. The
occasion for such an appointment usually arises where, for some cause, such as a pendency of a suit
"In order to fully and correctly ascertain the suitability of the applicant to the trust, a hearing is obviously concerning the proof of the will, regular administration is delayed. No temporary administration can be
necessary wherein the applicant can prove his qualifications and at the same time affording oppositors, granted where there is an executor in being capable of acting, however."
given notice of such hearing and application, the opportunity to oppose or contest such application. *"Principal object of appointment of temporary administrator is to preserve estate until it can pass into
hands of person fully authorized to administer it for benefit of creditors and heirs." 23
ON inhibition of judge: Judge voluntarily inhibited himself so moot
Here, what are the causes of delay:
DE GUZMAN VS. GUADIZ The oppositors claimed that they own the properties of the estate through a donation allegedly made by
Short summary: the alleged sole universal heir of a will filed a petition for letters testamentary, he also the decedent. The petitioner thus filed a civil case for the annulment of the deed of donation pending
being appointed as the executor in the will. Persons were claiming that they owned the properties the hearing of the probate of the will. The same judge was the judge in the civil case, and ruled that
through a donation made by the decedent during his lifetime, and at the same time are in possession of petitioner had no personality to sue, the will from which he claims interest in the property not yet being
the properties, opposed. Petitioner filed for determination of the validity of the donation, at the same probated
time filed for petition to be appointed as the special administrator which the lower court denied since The hearings for the probate of the will has been postponed several times
the oppositors were already administering the property. SC held that there are sufficient grounds for And upon filing of this petition, the judge postponed the hearing of the probate of the will pending the
appointing a special administrator, as there was delay in the probate of the will and the appointment of outcome of this case
the executor. Should distinguish between neutral possession and partisan possession
ON THE POSSESSION OF THE OPPOSITORS OF THE PROPERTY IN QUESTION: should have differentiated
Facts: between partisan possession vs. neutral possession
-Feliciano de Guzman filed petition for probate of a will alleged to have been executed by Catalina -when appointed, a special administrator is regarded, not as a representative of the agent of the parties
Bajacan suggesting the appointment, but as the administrator in charge of the estate, an officer of the court.
-the will instituted Feliciano as Catalina's sole and universal heir
-the will also named Feliciano as the executor REYNOS O V. SANTIAGO
Facts:
-Salvadora Obispo died RULE 81
1st proceeding (SP no. 2914): Leoncio Cadiz and other heirs of Salvadora applied for the administration Section 1. Bond to be given issuance of letters. Amount. Conditions. -
of the property of the deceased - they alleged that the decedent died intestate Before an executor or administrator enters upon the execution of his trust,
>>>OPPOSITION by the surviving spouse (Victorio) and the eldest son (Juan): there's a will, then counter- and letters testamentary or administration issue,
petitioned for the probate of the will. he shall give a bond,
TC: rejected the opposition: the will was forged! in such sum as the court directs, conditioned as follows:
>>>Appointed Meliton Palabrica as Special Administrator (a) To make and return to the court,
CA: will was authentic and drawn w/ all the formalities of law; appoint albacea within three (3) months,
-in accordance with the CA decision, the father and son tandem filed 2 petitions: a true and complete inventory of all
Petition to order Special administrator Meliton Palabrica to ...goods,
turn over the properties of the deceased ...chattels,
Turn over the proceeds of the products on the properties to Victorio, the surviving spouse ...rights,
To render an accounting w/n reasonable time ...credits,
…and for the closing of the special proceedings for the Intestate estate ...and estate of the deceased
Petition for probate of the testate estate of deceased Salvadora Obispo which shall come to his possession
…prayed that Victorio be appointed as executor of Salvadora's estate or knowledge
…also contained prayer in the 1st petition or to the possession of any other person for him;
-the 2 petitions were both heard by the same judge, but decided separately. (b) To administer
The action on the petition should be w/held for the time being, because of the pendency on appeal of a according to these rules,
case in which the special administrator is plaintiff and Juan and Victorio are defendants and appellants and, if an executor,
(WON the coconut land is conjugal property or exclusive property of the husband). Thus, in accordance according to the will of the testator,
w/R87.8, the surviving spouse cannot be appointed as administrator because he has a claim against the all
estate. ...goods,
Not necessary to open another expediente. Could have the probate of the testate estate in the same ...chattels,
proceeding ...rights,
...credits,
WON a separate special proceeding for the probate of the will of Salvadora necessary? It depends on ...and estate
the judge. which shall at any time come to his possession
-Whether the intestate proceeding already commenced should be discontinued and a new proceeding or to the possession of any other person for him,
under a separate number and title should be constituted is entirely a matter of form and lies within the and from the proceeds to pay
sound discretion of the court. In no manner does it prejudice the substantial rights of any heirs or and discharge all
creditors. Amor propio is perhaps the only thing is at stake on this phase of the controversy. ...debts,
...legacies,
WON a regular administrator should be appointed by the court? YES, but not automatically the ...and charges on the same,
husband. The lower court would determine it based on the rules ...or such dividends thereon as shall be decreed by the court;
-since the CA already found the will valid and it already decreed the appointment of an albacea, a regular
administrator should now be already appointed. (c) To render a true and just account of his administration to the court
-appointment of a special administrator justified only when THERE IS DELAY IN GRANTING LETTERS within one (1) years,
TESTAMENTARY OR OF ADMINISTRATION OCCASIONED BY AN APPEAL FROM THE ALLOWANCE OR and at any other time
DISALLOWANCE OF A WILL OR SOME OTHER CAUSE ...when required by the court;
-The appointment of a regular administrator is necessary for the prompt settlement and distribution of
the estate. There are important duties devolving on a regular administrator which a special administrator (d) To perform all orders of the court by him to be performed.
can not perform, and there are many actions to be taken by the court which could not be accomplished
before a regular administrator is appointed. Section 2. Bond of executor where directed in will. When further bond required. -
Art. 293. In an action for legal separation Payment shall be made monthly in advance,
or annulment of marriage, and when the recipient dies,
attorney's fees his heirs shall not be obliged to return what he has received in advance. (148a)
and expenses for litigation
shall be charged to the conjugal partnership property, Art. 299. The person obliged to give support may,
unless the action fails. (n) at his option,
fulfill his obligation either
NOV 1961: OPPOSITORS filed own inventory 3. WON THE ORDER TO DELIVER PROPERTIES IN QUESTION TO ADMINISTRATRIX WAS PROPER? NO
-Gelacio and Leoncia (1st wife) acquired 2 parcels of land in 1912 and 1915 -lower court did not receive evidence to determine who really owns the properties in question!
-the conjugal estate of Gelacio and Dolores consisted only of 1 parcel of land of 7 hectares, and this *GR: if parties are ALL HEIRS, optional to submit to probate question of ownership and so probate
property was even bought from the conjugal assets of the 1st marriage. This land was also already may pass judgment on said question
bought by Cortado X: if 3P would be prejudiced
-2 parcels of land already partitioned among children: 3/4 to children of 1st marriage while 1/4 to -if fraudulent conveyance: these 3P may be examined under oat as to how they came into
children of 2nd marriage possession BUT still, a separate action would be necessary to recover said assets
-3P already bought some of the portions of land in the estate …here, there are 3P who allegedly already bought the said parcels of land
-TC required administratrix to submit new inventory NOVEMBER 17, 1961 CHUA TAN V. DEL ROSARIO (1932)
>>>amended inventory: included 2 houses allegedly valued at P8k - approved: prima facie evidence that Short summary: there are 2 cases involved, the first being a suit by the administratrix of the father
7 parcels of land and the 2 houses belonged to the decedent's estate then later ordered the delivery of against the administratrix of the adoptive son for the accounting of certain funds alleged to have been
certain parcels of land to the administratrix and the claimants should not disturb her in possession and delivered IN TRUST to the adopted sun, and the 2nd suit by the presumptive heirs of the father against
administration of the same the same administratrix of the adoptive son for partition of the same funds. SC held that since there was
substantial identity of parties, identity of subject matter and COA, there was res judicata so the second
-the oppositors filed a motion for revision of partition but was not granted proceeding was alredy barred.
Identity of Plaintiff: Benedicta Santa Juana Plaintiff: Presumptive heirs of Chua Facts:
parties (judicial administratrix of intestate Piaco Father: Rafael (+)
estate of Chua Piaco) Defendant: Lucia del Rosario (same Mother: Salud (+)
Defendant: Lucia del Rosario capacity) Children:
(administratrix of intestate estate of *Teresita de leon (administratrix of estate of father, Rafael)
Chua Toco) *Estrellita Vizconde
*Antonio Nicolas (+) - represented by surviving spouse Zenaida Nicolas and the heirs)
Identity of Rendering of an accounting of Partition of the SAME FUNDS AND *RAMON NICOLAS: oppositor
Subject Matter certain FUNDS ALLEGED TO HAVE FRUITS
BEEN DELIVERED IN TRUST by the -RAMON filed MOTION FOR COLLATION: Rafael Nicolas given some of the properties to his children
father to the adopted son (including him) during his lifetime by gratuitous title and administratrix Teresita failed to include it in the
inventory
Identity of COA Allegation of trust Allegation of trust >RTC: ORDER directing Ramon to submit pertinent documents of the alleged transfer , set his motion for
hearing w/ notice to present registered owners to show cause why their properties should not be
Relief sought Render an accounting Partition included in the collation
-Ramon filed amended motion for collation, adding several other lands that were allegedly not included
in the inventory (additional lots allegedly received by Antonio)
-As to identity of parties: Court held that since the administratrix of the estate of Chua Piaco was the
>RTC (Nov11, 1994 order): granted that some of the properties be included in the collation and the
legal representative not only of the estate but also of its creditors and heirs, and that the 1st case was
inventory
rendered against her, the said judgment is binding upon the heirs who are suing in the 2nd case
Sec. 2. Statement of National Policies. - The State shall protect the rights and promote the welfare of k) Cases of domestic violence against:
children in keeping with the mandate of the Constitution and the precepts of the United Nations 1) Women - which are acts of gender based violence that results, or are likely to result in physical,
Convention on the rights of the Child. The State shall provide a system of adjudication for youthful sexual or psychological harm or suffering to women; and other forms of physical abuse such as
offenders which takes into account their peculiar circumstances. battering or threats and coercion which violate a woman's personhood, integrity and freedom
movement; and
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic 2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation,
autonomous social institution. The courts shall preserve the solidarity of the family, provide procedures violence, and discrimination and all other conditions prejudicial to their development.
for the reconciliation of spouses and the amicable settlement of family controversy. If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings
and the corresponding penalties.
Sec. 3. Establishment of Family Courts. - There shall be established a Family Court in every province and
city in the country. In case where the city is the capital of the province, the Family Court shall be If any question involving any of the above matters should arise as an incident in any case pending in the
established in the municipality which has the highest population. regular courts, said incident shall be determined in that court.
Sec. 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa Blg. 129, as Sec. 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%) of their income
amended, is hereby further amended to read as follows: derived from filing and other court fees under Rule 141 of the Rules of Court for research and other
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or Presiding Judge of the operating expenses including capital outlay: Provided, That this benefit shall likewise be enjoyed by all
Family Court unless he is a natural-born citizen of the Philippines, at least thirty-five (35) years of age, courts of justice.
and, for at least ten (10) years, has been engaged in the practice of law in the Philippines or has held a
public office in the Philippines requiring admission to the practice of law as indispensable requisite. The Supreme Court shall promulgate the necessary guidelines to effectively implement the provisions of
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court personnel of the Family this Sec.
Courts, shall undergo training and must have the experience and demonstrated ability in dealing with
child and family cases. Sec. 7. Special Provisional Remedies. - In cases of violence among immediate family members living in the
same domicile or household, the Family Court may issue a restraining order against the accused of
"The Supreme Court shall provide a continuing education program on child and family laws, procedure defendant upon verified application by the complainant or the victim for relief from abuse.
and other related disciplines to judges and personnel of such courts."
The court may order the temporary custody of children in all civil actions for their custody. The court
Sec. 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to hear may also order support pendente lite, including deduction from the salary and use of conjugal home and
and decide the following cases: other properties in all civil actions for support.
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than Sec. 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall have direct control
nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a and supervision of the youth detention home which the local government unit shall establish to separate
minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the the youth offenders from adult criminals: Provided, however, That alternatives to detention and
court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. institutional care shall be made available to the accused including counseling, recognizance, bail,
The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree community continuum, or diversions from the justice system: Provided, further, That the human rights of
No. 603, otherwise known as the "Child and Youth Welfare Code"; the accused are fully respected in a manner appropriate to their well-being.
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof; Sec. 9. Social Services and Counseling Division. - Under the guidance ofthe Department of Social Welfare
and Development (DSWD), a Social Services and Counseling Division (SSCD) shall be established in each
The position of Social Work Adviser shall be created under the Office of the Court Administrator, who Approved October 28, 1997.
shall monitor and supervise the SSCD ofthe Regional Trial Court.
[A.M. No. 03-02-05-SC 2003-05-01]
Sec. 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas where no Family
Court has been established or no Regional Trial Court was designated by the Supreme Court due to the RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS
limited number of cases, the DSWD shall designate and assign qualified, trained, and DSWD accredited RESOLUTION
social workers of the local government units to handle juvenile and family cases filed in the designated
Regional Trial Court of the place. Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for
this Court’s consideration and approval the Proposed Rule on Guardianship of Minors, the Court
Sec. 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the child and family Resolved to APPROVE the same.
cases shall be treated in a manner consistent with the promotion of the child's and the family's dignity
and worth, and shall respect their privacy at all stages of the proceedings. Records of the cases shall be The Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation
dealt with utmost confidentiality and the identity of parties shall not be divulged unless necessary and not later than April 15, 2003.
with authority of the judge.
April 1, 2003.
Sec. 13. Special Rules of Procedure. - The Supreme Court shall promulgate special rules of procedure for
the transfer of cases to the new courts during the transition period and for the disposition of family <>I>Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago,
cases with the best interests of the child and the protection of the family as primary consideration taking Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Moralez,Callejo Sr., Azcuna, JJ., concur
into account the United Nations Convention on the Rights of the Child.
RULE ON GUARDIANSHIP OF MINORS
Sec. 14. Appeals. - Decisions and orders of the court shall be appealed in the same manner and subject to
the same conditions as appeals from the ordinary Regional Trial Courts. Section 1. Applicability of the Rule. – This Rule shall apply to petitions for guardianship over the person or
property, or both, of a minor.
Sec. 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included
in the General Appropriations Act of the year following in its enactment into law and thereafter. The father and the mother shall jointly exercise legal guardianship over the person and property of their
unemancipated common child without the necessity of a court appointment. In such case, this Rule shall
Sec. 16. Implementing Rules and Regulations. - The Supreme Court, in coordination with the DSWD, shall be suppletory to the provisions of the Family Code on guardianship.
formulate the necessary rules and regulations for the effective implementation of the social aspects of
this Act. Sec. 2. Who may petition for appointment of guardian. – On grounds authorized by law, any relative or
other person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the
Sec. 17. Transitory Provisions. - Pending the establishment of such Family Courts, the Supreme Court Family Court for the appointment of a general guardian over the person or property, or both, of such
shall designate from among the branches ofthe Regional Trial Court at least one Family Court in each of minor. The petition may also be filed by the Secretary of Social Welfare and Development and by the
the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa, Laoag, Baguio, Secretary of Health in the case of an insane minor who needs to be hospitalized.
Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga,
Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Sec. 3. Where to file petition. – A petition for guardianship over the person or property, or both, of a
Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and minor may be filed in the Family Court of the province or city where the minor actually resides. If he
in such other places as the Supreme Court may deem necessary.
Sec. 4. Grounds of petition.-The grounds for the appointment of a guardian over the person or property, Sec. 10. Opposition to petition. – Any interested person may contest the petition by filing a written
or both, of a minor are the following: opposition based on such grounds as the majority of the minor or the unsuitability of the person for
(a) death, continued absence, or incapacity of his parents; whom letters are prayed, and pray that the petition be denied, or that letters of guardianship issue to
(b) suspension, deprivation or termination of parental authority; himself, or to any suitable person named in the opposition.
(c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental authority; or
(d) when the best interests of the minor so require. Sec. 11. Hearing and order for letters to issue. – At the hearing of the petition, it must be shown that the
requirement of notice has been complied with. The prospective ward shall be presented to the court.
Sec. 5. Qualifications of guardians. – In appointing a guardian, the court shall consider the guardian’s: The court shall hear the evidence of the parties in support of their respective allegations. If warranted,
(a) moral character; the court shall appoint a suitable guardian of the person or property, or both, of the minor.
(b) physical, mental and psychological condition;
(c) financial status; At the discretion of the court, the hearing on guardianship may be closed to the public and the records of
(d) relationship of trust with the minor; the case shall not be released without its approval.
(e) availability to exercise the powers and duties of a guardian for the full period of the guardianship;
(f) lack of conflict of interest with the minor; and Sec. 12. When and how a guardian of the property for non-resident minor is appointed; notice. – When
(g) ability to manage the property of the minor. the minor resides outside the Philippines but has property in the Philippines, any relative or friend of
such minor, or any one interested in his property, in expectancy or otherwise, may petition the Family
Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. – In default of Court for the appointment of a guardian over the property.
parents or a court-appointed guardian, the court may appoint a guardian of the person or property, or
both, of a minor, observing as far as practicable, the following order of preference: Notice of hearing of the petition shall be given to the minor by publication or any other means as the
(a) the surviving grandparent and In case several grandparents survive, the court shall select any of them court may deem proper. The court may dispense with the presence of the non-resident minor.
taking Into account all relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified; If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or
(c) the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and convenient, it may appoint a guardian over his property.
(d) any other person, who in the sound discretion of the court, would serve the best interests of the
minor. Sec. 13. Service of final and executory judgment or order. – The final and executory judgment or order
shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the
Sec. 7. Contents of petition. – A petition for the appointment of a general guardian must allege the Register of Deeds of the place where his property or part thereof is situated shall annotate the same in
following: the corresponding title, and report to the court his compliance within fifteen days from receipt of the
(a) The jurisdictional facts; order.
(b) The name, age and residence of the prospective ward;
(c) The ground rendering the appointment necessary or convenient; Sec. 14. Bond of guardian; amount; conditions.-Before he enters upon the execution of his trust, or
(d) The death of the parents of the minor or the termination, deprivation or suspension of their parental letters of guardianship issue, an appointed guardian may be required to post a bond in such sum as the
authority; court shall determine and conditioned as follows:
(e) The remarriage of the minor’s surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons (a) To make and return to the court, within three months after the issuance of his letters of guardianship,
having him in their care and custody; a true and complete Inventory of all the property, real and personal, of his ward which shall come to his
(g) The probable value, character and location of the property of the minor; and possession or knowledge or to the possession or knowledge of any other person in his behalf;
(h) The name, age and residence of the person for whom letters of guardianship are prayed.
(b) To faithfully execute the duties of his trust, to manage and dispose of the property according to this
The petition shall be verified and accompanied by a certification against forum shopping. However, no rule for the best interests of the ward, and to provide for his proper care, custody and education;
defect in the petition or verification shall render void the issuance of letters of guardianship.
(c) To render a true and Just account of all the property of the ward in his hands, and of all proceeds or
Sec. 8. Time and notice of hearing. – When a petition for the appointment of a general guardian is filed, interest derived therefrom, and of the management and disposition of the same, at the time designated
the court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the by this rule and such other times as the court directs; and at the expiration of his trust, to settle his
persons mentioned in the petition, including the minor if he is fourteen years of age or over, and may accounts with the court and deliver and pay over all the property, effects, and monies remaining in his
direct other general or special notice to be given. hands, or due from him on such settlement, to the person lawfully entitled thereto; and
Sec. 9. Case study report. – The court shall order a social worker to conduct a case study of the minor and (d) To perform all orders of the court and such other duties as may be required by law.
all the prospective guardians and submit his report and recommendation to the court for its guidance
Sec. 17. General duties of guardian. – A guardian shall have the care and custody of the person of his Sec. 21. Hearing on return of order; costs. – At the time and place designated in the order to show cause,
ward and the management of his property, or only the management of his property. The guardian of the the court shall hear the allegations and evidence of the petitioner and next of kin, and other persons
property of a nonresident minor shall have the management of all his property within the Philippines. interested, together with their witnesses, and grant or deny the petition as the best interests of the ward
may require.
A guardian shall perform the following duties:
(a) To pay the just debts of the ward out of the personal property and the income of the real property of Sec. 22. Contents of order for sale or encumbrance and its duration; bond. – If, after full examination, it is
the ward, If the same is sufficient; otherwise, out of the real property of the ward upon obtaining an necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it,
order for its sale or encumbrance; the court shall order such sale or encumbrance the proceeds of which shall be expended for the
(b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the maintenance or the education of the ward, or invested as the circumstances may require. The order shall
approval of the court, compound for the same and give discharges to the debtor on receiving a fair specify the grounds for the sale or encumbrance and may direct that the property ordered sold be
and just dividend of the property and effects; and to appear for and represent the ward in all actions disposed of at public sale, subject to such conditions as to the time and manner of payment, and security
and special proceedings, unless another person is appointed for that purpose; where a part of the payment is deferred. The original bond of the guardian shall stand as security for the
(c) To manage the property of the ward frugally and without waste, and apply the income and profits proper appropriation of the proceeds of the sale or encumbrance, but the court may, if deemed
thereon, insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and expedient, require an additional bond as a condition for the sale or encumbrance. The authority to sell or
if such income and profits be insufficient for that purpose, to sell or encumber the real or personal encumber shall not extend beyond one year, unless renewed by the court.
property, upon being authorized by the court to do so;
(d) To consent to a partition of real or personal property owned by the ward jointly or in common with Sec. 23. Court may order investment of proceeds and direct management of property.– The court may
others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other
investigation as to the necessity and propriety of the proposed action; money of his ward in his hands, in real or personal property, for the best interests of the ward, and may
(e) To submit to the court a verified inventory of the property of his ward within three months after his make such other orders for the management, investment, and disposition of the property and effects, as
appointment, and annually thereafter, the rendition of which may be required upon the application of circumstances may warrant.
an interested person;
(f) To report to the court any property of the ward not included in the inventory which is discovered, or Sec. 24. Grounds for removal or resignation of guardian. – When a guardian becomes insane or
succeeded to, or acquired by the ward within three months after such discovery, succession, or otherwise incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or
acquisition; and mismanaged the property of the ward, or has failed to render an account or make a return for thirty days
(g) To render to the court for its approval an accounting of the property one year from his appointment, after it is due, the court may, upon reasonable notice to the guardian, remove him as such and require
and every year thereafter or as often as may be required. him to surrender the property of the ward to the person found to be lawfully entitled thereto.
Sec. 18. Power and duty of the court – The court may: The court may allow the guardian to resign for justifiable causes.
(a) Request the assistance of one or more commissioners in the appraisal of the property of the ward Upon the removal or resignation of the guardian, the court shall appoint a new one.
reported in the initial and subsequent inventories; No motion for removal or resignation shall be granted unless the guardian has submitted the proper
accounting of the property of the ward and the court has approved the same.
*here, sale was not opposed by the children nor the creditors. If ever there were creditors prejudiced, IN RE GUARDIANSHIP OF THE MINOR ROY R EGINALD L ELINA. SEV ERO VILORIA VS.
they have the right to object to the sale ADMINISTRATOR OF V ETER ANS AFFAIRS
Summary: Administrator of Veteran Affairs claims that the amounts received by the ward was wrongfully
issued, so sought refund (and alleging that their finding that there was erroneous issuance was final and
RULE 96 GE NER AL PO WE RS A ND DUT IE S OF GU AR DI AN S conclusive). The court held that status quo should be observed, that the Administrator cannot make
their findings binding upon RP courts when they are seeking relief from it, and the claim arguing
Sec. 1. To what guardianship shall extend. - A guardian appointed shall have the care and custody of the erroneous payment should be tried separately.
person of his ward, and the management of his estate, or the management of the estate only, as the
case may be. The guardian of the estate of a nonresident shall have the management of all the estate of *Conflicts regarding the ownership or title to the property in the hands of the guardian in his capacity as
the ward within the Philippines, and no court other than that in which such guardian was appointed shall such, should be litigated in a separate proceeding, the court in the guardianship proceeding being solely
have jurisdiction over the guardianship. concerned with the ward’s care and custody and proper administration of his properties. *questions of
Sec. 2. Guardian to pay debts of ward. - Every guardian must pay the ward's just debts out of his title to property in the hands of the Guardian. R.96.1]
personal estate and the income of his real estate, if sufficient; if not, then out of his real estate upon *After a guardian has been appointed by the court for the minor child of one who is alleged to have been
obtaining an order for the sale or encumbrance thereof. a member of the Armed Forces, and the guardian collects money by way of insurance benefits and
Sec. 3. Guardian to settle accounts, collect debts, and appear in actions for ward. - A guardian must unpaid salary, he becomes the lawful possessor of the amounts paid and cannot be deprived thereof on
settle all accounts of his ward, and demand, sue for, and receive all debts due him, or may, with the the sole allegation of the Veterans Administrator that the money was erroneously paid, the burden being
approval of the court, compound for the same and give discharges to the debtor, on receiving a fair and upon the Administrator to satisfy the court that the alleged mistake was really committed [Lawful
just dividend of the estate and effects; and he shall appear for and represent his ward in all actions and possession of the Ward’s Estate, R96.2+
special proceedings, unless another person be appointed for that purpose.
Sec. 4. Estate to be managed frugally, and proceeds applied to maintenance of ward. - A guardian must Facts:
manage the estate of his ward frugally and without waste, and apply the income and profits thereon, so -Allegedly, CONSTANCIO LELINA served as a member of the US ARMED FORCES during the Japanese war.
far as may be necessary, to the comfortable and suitable maintenance of the ward and his family, if -CONSTANCIO had a son named ROY REGINALD LELINA.
there be any; and if such income and profits be insufficient for that purpose, the guardian may sell or -When CONSTANCIO died, ROY REGINALD received the arrears pay, insurance, and other benefits from
encumber the real estate, upon being authorized by order so to do, and apply so much of the proceeds the US VETERANS ADMINISTRATION.
as may be necessary to such maintenance. -SEVERO VILORiA was appointed guardian of ROY REGINALD. The guardian was authorized to withdraw
Sec. 5. Guardian may be authorized to join in partition proceedings after hearing. - The court may from the estate of his ward the sum of P30 a month for ROY REGINALD's support and other
authorize the guardian to join in an assent to a partition of real or personal estate held by the ward expenditures.
jointly or in common with others, but such authority shall only be granted after hearing, upon such -in the guardianship proceedings...
notice to relatives of the ward as the court may direct, and a careful investigation as to the necessity and ...US VETERANS ADMINISTRATION filed motion to stop further payment of monthly allowances to the
propriety of the proposed action. minor
Sec. 6. Proceedings when person suspected of embezzling or concealing property of ward. - Upon …allegedly, they received certain letters from its central office in Washington DC to the effect
complaint of the guardian or ward, or of any person having actual or prospective interest in the estate of that CONSTANCIO LELINA was not engaged in guerilla or other service in the armed forces of US,
the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled, concealed, or thus not entitled to payment of gratuitous National Service Life Insurance
conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his >>>GRANTED
estate, the court may cite the suspected person to appear for examination touching such money, goods, …ADMINISTRATOR OF VETERAN AFFAIRS filed a motion for a refund of $2,879.68, the balance of
interest, or instrument, and make such orders as will secure the estate against such embezzlement, gratuitous insurance benefits allegedly wrongfully paid still in deposit with PNB
concealment or conveyance. >>guardian VILORIA opposed: submitted evidence to show that CONSTANCIO was duly recognized by
Sec. 7. Inventories and accounts of guardians, and appraisement of estates. - A guardian must render to both RP and US Armies
the court an inventory of the estate of his ward within three (3) months after his appointment, and >>>DENIED
annually after such appointment an inventory and account, the rendition of any of which may be ….GUARDIAN moved to be allowed to withdraw P4k from ROY REGINALD's estate to meet his needs.
compelled upon the application of an interested person. Such inventories and accounts shall be sworn to
RULE 100: RESCISSION AND REVOCATION OF ADOPTION CHIN AH FOO V. CONCEPCION (1930)
SECTION 1. Who may file petition; grounds.—A minor or other incapacitated person may, through a Summary: Chinese convicted of murder was absolved because of plea to insanity, was confined to a
guardian or guardian ad litem, petition for the rescission or revocation of his or her adoption for the mental institution. His wife and children petitioned that he be released from such mental institution and
same causes that authorize the deprivation of parental authority. be sent to HK where he lives instead. Court granted it without the director of health’s recommendation.
The adopter may, likewise petition the court for the rescission or revocation of the adoption in any of Court held that both director of health’s recommendation and the court’s decision are needed to grant
these cases: the release of a hospitalized insane person.
(a) If the adopted person has attempted against the life of the adopter; Where the insane person was judicially committed to the hospital or asylum, the Director of Health
(b) When the adopted minor has abandoned the home of the adopter for more than three (3) years; cannot order his release without the approval of the RTC which ordered the commitment. Also said court
(c) When by other acts the adopted person has repudiated the adoption. cannot order his release without the recommendation of the Director of Health.
SEC. 2. Order to answer.—The court in which the petition is filed shall issue and order requiring the
adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order
VII . H ABE AS C ORP US – RUL E 102 , SEC TIO N 1 -19
and a copy of the petition shall be served on the adverse party in such manner as the court may direct.
SEC. 3. Judgment.—If upon trial, on the day set therefor, the court finds that the allegations of the SECTION 1. To what habeas corpus extends.—Except as otherwise expressly provided by law, the writ
petition are true, it shall render judgment ordering the rescission or revocation of the adoption, with or of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is
without costs, as justice requires. deprived of his liberty, or by which the rightful custody of any person is withheld from the person
SEC. 4. Service of judgment.—A certified copy of the judg ment rendered in accordance with the next entitled thereto.
preceding section shall be served upon the civil registrar concerned; within thirty (30) days from SEC. 2. Who may grant the writ.—The writ of habeas corpus may be granted by the Supreme Court, or
rendition thereof, who shall forthwith enter the action taken by the court in the register. any member thereof, on any day and at any time, or by the Court of Appeals or any member thereof in
SEC. 5. Time within which to file petition.—A minor or other incapacitated person must file the petition the instances authorized by law, and if so granted it shall be enforceable anywhere in the Philippines;
for rescission or revocation of adoption within the five (5) years following his majority, or if he was and may be made returnable before the court or any member thereof, or before a Regional Trial Court,
incompetent at the time of the adoption, within the five (5) years following the recovery from such or any judge thereof for hearing and decision on the merits. It may also be granted by a Regional Trial
incompetency. Court, or a judge thereof, on any day and at any time, and returnable before himself, enforceable only
The adopter must also file the petition to set aside the adoption within five (5) years from the time the within his judicial district.
cause or causes giving rise to the rescission or revocation of the same took place. SEC. 3. Requisites of application therefor.—Application for the writ shall be by petition signed and
verified either by the party for whose relief it is intended, or by some person on his behalf, and shall set
forth:
VII .RUL E 101: PROC E E D I NGS FO R H O SP ITA LI Z A TIO N OF I NS A N E P ERS ON S
(a) That the person in whose behalf the application is made is imprisoned or restrained of his liberty;
SECTION 1. Venue. Petition for commitment.—A petition for the commitment of a person to a hospital (b) The officer or name of the person by whom he is so imprisoned or restrained; or, if both are
or other place for the insane may be filed with the Regional Trial Court of the province where the person unknown or uncertain, such officer or person may be described by an assumed appellation, and the
alleged to be insane is found. The petition shall be filed by the Director of Health in all cases where, in his person who is served with the writ shall be deemed the person intended;
opinion, such commitment is for the public welfare, or for the welfare of said person who, in his (c) The place where he is so imprisoned or restrained, if known;
judgment, is insane, and such person or the one having charge of him is opposed to his being taken to a (d) A copy of the commitment or cause of detention of such person, if it can be procured without
hospital or other place for the insane. impairing the efficiency of the remedy; or, if the imprisonment or restraint is without any legal authority,
SEC. 2. Order for hearing.—If the petition filed is sufficient in form and substance, the court, by an order such fact shall appear.
reciting the purpose of the petition, shall fix a date for the hearing thereof, and copy of such order shall SEC. 4. When writ not allowed or discharge authorized.—If it appears that the person alleged to be
be served on the person alleged to be insane, and to the one having charge of him, or on such of his restrained of his liberty is in the custody of an officer under process issued by a court or judge or by
IN THE MATTER OF P ETITION FOR HABEAS CORPUS, ASHRAF KUNTING (2006) WON the Petition should be granted? NO but…
Summary: Kunting, an alleged Abu Sayyaf Group member involved in the kidnappings in Mindanao was - The remedy of habeas corpus has one objective: to inquire into the cause of detention of a person
detained by the PNP Intelligence group but the TC in Basilan where he was charged with Kidnapping for >if illegal: release detainee
Ransom and Serious Illegal Detention ordered that he be turned over to the said TC as Kunting filed an >if legal: HC proceedings terminate
Urgent Motion for Reinvestigation with them. The said orders were not heeded by PNP-IG, alleging that -WRIT is NOT ALLOWED – Section 4
there was a pending motion for a change of venue filed as it was alleged that there would be efforts by 1. Person is under process issued by a court or judge + the court or judge had jurisdiction to issue the
the ASG to recover custody of Kunting if he be brought to Basilan and that this plan may succeed, due to process, render the judgment or make the order
the inadequate security facility in the municipal jail and its proximity to the area of operation of the ASG. 2. Jurisdiction appears after writ is allowed
Thus, Kunting filed petition for HC. Court initially said that Kunting should not be turned over, he being 3. Person is charged with or convicted of an offense in RP
legally detained. However, as there were insufficient evidence to prove that there was a pending motion 4. Person is suffering imprisonment under lawful judgment
for transfer of venue, the court granted the transfer. -HERE:
"once the person detained is duly charged in court, he may no longer question his detention by a * Kunting’s detention by the PNP-IG was under process issued by the RTC.
petition for the issuance of a writ of habeas corpus." * Kunting was charged with 4 counts of Kidnapping for Ransom and Serious Illegal Detention
>>>so cannot be discharged since he was charged with a criminal offense
Facts -BUT wait, there’s more!
-Ashraf KUNTING was charged in RTC Basilan with 4 counts of Kidnapping for Ransom and Serious Illegal -Kunting has been detained by PNP-IG for 2 years while awaiting that DOJ make a motion for transfer of
Detention. Warrants of arrest were issued by RTC Basilan venue
-he was arrested in Malaysia for violation of Malaysian Internal Security Act, was turned ov er to the PNP- - In the absence of evidence that the DOJ has indeed filed a motion for the transfer of venue, In its
IG and Task Force Salinglahi, flown to RP and brought to Camp Crame for booking and custodial Comment, the Office of the Solicitor General stated that the PNP-IG is presently awaiting the resolution
investigation of the Motion for Transfer of Venue it requested from the DOJ.
-so while pending action on the motion, detention of Kunting is transferred to Basilan…good luck naman.
officer shall then make due return of the writ, with the day and
cause of the caption and restraint according to the command
thereof (102.8)
When to file On the day specified on the writ Within 5 working days after service of the writ Same with WA
return
Contents of When the person to be produced is imprisoned or restrained by Within 5 working days after service of the writ, the respondent *Lawful defenses such as national security, state secrets,
return an officer the person who makes the return shall state, and in shall file a verified written return together with supporting privileged communications, confidentiality of the source of
other cases the person in whose custody the prisoner is found affidavits which shall, , contain: information of media etc.
shall state in writing to the court or judge before whom the writ *Lawful defenses *In case of respondent in charge, in possession or in control of
is returnable: *The steps or actions taken to determine the fate or the data or information subject of the petition:
*Truth of custody/power over the aggrieved whereabouts of the aggrieved party >A disclosure of the data or information about the petitioner,
*If has custody or power, or under restraint, the authority and *All relevant information in the possession of the respondent the nature of such data or information, and the purpose for its
the cause thereof, with a copy of the writ, order, execution or pertaining to the threat, act or omission against the aggrieved collection
other process, if any upon which the party is held; party >The steps or actions taken by the respondent to ensure the
*If the party is in his custody or power, and is not produced, *If the respondent is a public official or employee, the return security and confidentiality of the data or information
particularly the nature and gravity of the sickness or infirmity shall further state acts: >The currency and accuracy of the data or information held
*If he has had the party in his custody or power, and has >To verify identity of aggrieved party *Other allegations relevant to the resolution of the proceeding
transferred such custody or restraint to another, particularly to >To recover and preserve evidence (RWD Sec.10)
whom, at what time, for what cause, and by what authority such >To identify and collect witness statements
transfer was made. (102.10) >To determine cause, manner, location, and time of death or
disappearance
>To identify and apprehend persons involved
>Bring suspected offenders before a competent court (RWA
Sec.9)
Formalities of Return or statement shall be signed and sworn to by the person … the respondent shall file a verified written return together Respondent shall file a verified written return together with
return who makes it if the prisoner is not produced, with supporting affidavits… (RWA Sec. 9) supporting … (RWD Sec. 10)
Unless the return is made and signed by a sworn public officer in
his official capacity (102.11)
Penalties CoC who refuses to issue the writ after allowance and demand, CoC who refuses to issue the writ after its allowance, or COC who refuses to issue the writ after its allowance, or
ASS IG NM EN T NO . 12 : C H A NGE O F NA ME – RUL E 103 IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES
376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES.
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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Relations Court.
Section 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. -
Section 2. Contents of petition. - A petition for change of name shall be signed and verified by the No entry in a civil register shall be changed or corrected without a judicial order; except for clerical or
person desiring his name changed, or some other person on his behalf, and shall set forth: typographical errors and change of first name or nickname which can be corrected or changed by
concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act
(a) That the petitioner has been a bona fide resident of the province where the petition is filed for at and its implementing rules and regulations.
least three (3) years prior to the date of such filing;
Sec. 2. Definitions of Terms. - As used in this Act, the following terms shall mean:
(b) The cause for which the change of the petitioner's name is sought;
(1) "City or municipal civil registrar" refers to the head of the local civil registry office of the city or
(c) The name asked for. municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance
with the provisions of existing laws.
Section 3. Order for hearing. - If the petition filed is sufficient in form and substance, the court, by an
order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall (2) "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in
direct that a copy of the order be published before the hearing at least once a week for three (3) the correction of a clerical or typographical error in an entry or change of first name or nickname in the
successive weeks in some newspaper of general circulation published in the province, as the court shall civil register.
deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within
four (4) month after the last publication of the notice. (3) "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such
Section 4. Hearing. - Any interested person may appear at the hearing and oppose the petition. The as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the
Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the understanding, and can be corrected or changed only by reference to other existing record or records:
Republic. Provided, however, That no correction must involve the change of nationality, age, status or sex of the
petitioner.
Section 5. Judgment. - Upon satisfactory proof in open court on the date fixed in the order that such
order has been published as directed and that the allegations of the petition are true, the court shall, if (4) "Civil register" refers to the various registry books and related certificates and documents kept in the
proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Register
be changed in accordance with the prayer of the petition. General.
Section 6. Service of judgment. - Judgments or orders rendered in connection with this rule shall be (5) "Civil registrar general" refers to the administrator of the National Statistics Office which is the
furnished the civil registrar of the municipality or city where the court issuing the same is situated, who agency mandated to carry out and administer the provision of laws on civil registration.
shall forthwith enter the same in the civil register.
(6) "First name" refers to a name or nickname given to a person which may consist of one or more
REPUBLIC ACT NO. 9048 names in addition to the middle and last names.
March 22, 2001
Sec. 3. Who may File the Petition and Where. - Any person having direct and personal interest in the
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT correction of a clerical or typographical error in an entry and/or change of first name or nickname in the
A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME civil register may file, in person, a verified petition with the local civil registry office of the city or
municipality where the record being sought to be corrected or changed is kept.
(3) The change will avoid confusion. The civil registrar general shall immediately notify the city or municipal civil registrar or the consul
general of the action taken on the decision. Upon receipt of the notice thereof, the city or municipal civil
Sec. 5. Form and Contents of the Petition. - The petition shall be in the form of an affidavit, subscribed registrar or the consul general shall notify the petitioner of such action.
and sworn to before any person authorized by law to administer oaths. The affidavit shall set forth facts
necessary to establish the merits of the petition and shall show affirmatively that the petitioner is The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition
competent to testify to the matters stated. The petitioner shall state the particular erroneous entry or with the proper court.
entries which are sought to be corrected and/or the change sought to be made.
If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal
The petition shall be supported with the following documents: registrar or of the consul general within the period prescribed herein, such decision shall become final
and executory.
(1) A certified true machine copy of the certificate or of the page or of the registry book containing the
entry or entries sought to be corrected or changed; Where the petition is denied by the city or municipal civil registrar or the consul general, the petitioner
may either appeal the decision to the civil registrar general or file the appropriate petition with the
(2) At least two (2) public or private documents showing the correct entry or entries upon which the proper court.
correction or change shall be based; and
Sec. 8. Payment of Fees. - The city or municipal civil registrar or the consul general shall be authorized to
(3) other documents which the petitioner or the city or municipal civil registrar, or the consul general collect reasonable fees as a condition for accepting the petition. An indigent petitioner shall be exempt
may consider relevant and necessary for the approval of the petition. from the payment of the said fee.
In case of change of first name or nickname, the petition shall likewise be supported with the documents Sec. 9. Penalty Clause. - A person who violates any of the provisions of this Act shall, upon conviction, be
mentioned in the immediately preceding paragraph. In addition, the petition shall be published at least penalized by imprisonment of not less than six (6) years but not more than twelve (12) years, or a fine of
once a week for two (2) consecutive weeks in a newspaper of general circulation. Furthermore, the not less than Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos
petitioner shall submit a certification from the appropriate law enforcement agencies that he has no (P100,000.00), or both, at the discretion of the court.
pending case or no criminal record.
In addition, if the offender is a government official or employee, he shall suffer the penalties provided
under civil service laws, rules and regulations.
WON the dismissal of the petition was warranted? YES Section 2. Contents of petition. - The petition for judicial approval of a voluntary recognition of a minor
-A person with a criminal record will have evident interest in the use of a name other than his own, in an natural child shall contain the following allegations:
attempt to obliterate an unsavory record; hence, the mere fact that the applicant has been using a (a) The jurisdictional facts;
different name and has become known by it does not per se alone constitute "proper and reasonable (b) The names and residences of the parents who acknowledged the child, or of either of them, and their
cause", or justification, to legally authorize a change of name. compulsory heirs, and the person or persons with whom the child lives;
-No prejudice by the continued use of his true name (c) The fact that the recognition made by the parent or parents took place in a statement before a court
-Where prior convictions exist, it is the court's duty to consider carefully the consequences of the change of record or in an authentic writing, copy of the statement or writing being attached to the petition.
of name, and to deny the same unless weighty reasons are shown.
WON BIBIANO had voluntarily acknowledged RAYMUNDO BANAS as hs natural son through his acknowledgment has been formally and legally recognition is yet to be ordered by the courts
handwritten note where he signed "Su padre" B. Banas? NO accomplished because the public character of the because a private writing, lacking the stronger
-on authenticity of handwriting: TRINIDAD testified that the handwriting on thenote is BIBIANO's, as she document makes judicial pronouncement guaranty and higher authenticity of a public
saw BIBIANO write. However, the note was written in 1907, but TRINIDAD saw BIBIANO write in 1917. unnecessary document, is not self-executory
The testimony was considered unreliable, with the lapse of time. Any testimony that the writing is the
handwriting of a person no the ground that the witness is familiar with the handwriting must be -even if treated as an "indubitable writing", no intent to recognize sufficiently apparent in the document.
considered unreliable. It's merely an indication of paternal concern of one for the well-being of the natural son of his brother
-even granting it's authentic, it's not sufficient as proof of valid voluntary recognition: who could nto support or rear the boy.
The complimentary ending, "Su padre," taking into consideration the context of the entire letter, is not
an indubitable acknowledgment of paternity. It is a mere indication of paternal solicitude. WON the other records would be sufficient to confirm the intention of Bibiano to recognize
The Filipinos are known for having very close family ties. Extended families are a common set-up among RAYMUNDO as his natural son? NO.
them, sometimes to the extent that strangers are also considered as part of the family. In addition, -no evidence that Bibiano furnished the statements therein or had any participation in securing the
Filipinos are generally fond of children, so that children of relatives or even of strangers are supported if enrollment and the marriage certificate of Raymundo nor made representations in connections
their parents are not capable to do so. This is a manifestation of the fact that Filipinos are still living in a therewith
patriarchal society. -the authentic writing upon which the claim to filiation rests must, to be effective, be one made by the
-compared to GUSTILLO v. GUSTILLO: similar evidences presented. There, the evidence presented were putative father himself and that the writing must be the writing of the said alleged father
not signed by the putative father. The note where the putative father addressed the alleged daughter -on REPORT CARD: PEDRO, RAYMUNDO and DOLORES lived with BIBIANO when RAYMUNDO was
"Queridas hijas: ... Conservanmas buenas que es siempre el desee de tu padre." was held to be not an attending gradeschool: It would appear, therefore, that Pedro Bañas was unable to support himself and
unequivocal avowal that the alleged daughter was indeed such by the putative father. It is not his wife, and it could very well be that Bibiano Bañas had sort of adopted de facto—not—legally or
uncommon in many Filipino homes that a child who is a perfect stranger to the family but who was taken considered Raymundo, the son of his brother, to be his own "ampon" in Tagalog or Filipino, and had
under similar circumstances, is regarded as a member of the family and called "hija" or "hijo " by the taken paternal solicitude for him - so he is a GUARDIAN
head thereof.'
-VOLUNTARY RECOGNITION: Article 278, NCC (taken from old civil code - Article 131) If there's any acknowledgment, WON BIBIANO could validly rectify or repudiate the same by his sworn
...formalities: express, made in either: statement? YES
Record of birth -no law prohibiting it
-if there's no law, it doesn't mean that it cannot be done.
Will
- such rectification must not be arbitrary and its purpose must be to show that the acknowledged child
Statement before a court of record (n) does not have the conditions that the law requires in order that he may be so acknowledged, or that he
WON an illegitimate child should be allowed to prove such illegitimate filiation when the putative Section 3. Notice and publication. - The court shall notify the creditors, mortgagees and all other
father is already dead? NO persons who have an interest in the estate, of the filing of the petition, causing copies thereof to be
-here, FC used, which became effective August 3, 1988 (probably, the petition was filed when FC became served upon them, and published once a week for three (3) consecutive weeks in a newspaper of general
effective). circulation. The petition shall, moreover, be caused to be posted in a conspicuous place in the parcel of
-to prove filiation under FC, establish any of the ff: land mentioned therein, and also in a conspicuous place of the municipal building of the municipality or
(1) The record of birth appearing in the civil register or a final judgment; or city in which the land is situated, for at least fourteen (14) days prior to the day of the hearing.
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned. Section 4. Objection and date of hearing. - In the notice and publication required in the preceding
In the absence of the foregoing evidence, the legitimate filiation shall be proved by: section, the court shall require the interested parties to file their objection to the petition within a period
(1) The open and continuous possession of the status of a legitimate child; or of not less than thirty (30) days from receipt of notice or from the date of last publication, and shall fix
(2) Any other means allowed by the Rules of Court and special laws. the date and time of the hearing of the petition.
-under FC, an illegitimate child can establish a claim to filiation by "any other means allowed by the Rules
of Court and special laws," like his baptismal certificate, a judicial admission, a family Bible in which his Section 5. Order. - After hearing, if the court finds that the actual value of the proposed family home
name has been entered, common reputation respecting his pedigree, admission by silence, the does not exceed twenty thousand pesos, or thirty thousand pesos in chartered cities, and that no third
testimonies of witnesses, and other kinds of proof admissible under Rule 130 of the Rules of Court. person is prejudiced thereby, or that creditors have given sufficient security for their credits, the petition
-HOWEVER, HIS ACTION IS NOW BARRED. shall be approved.
It is clear that the private respondent can no longer be allowed at this time to introduce evidence of
his open and continuous possession of the status of an illegitimate child or prove his alleged filiation Section 6. Registration of order. - A certified copy of the order of the court approving the
through any of the means allowed by the Rules of Court or special laws. The simple reason is that establishment of the family home shall be furnished the register of deeds who shall record the same in
Apolinario Uyguangco is already dead and can no longer be heard on the claim of his alleged son’s the registry of property.
illegitimate filiation. In her Handbook on the Family Code, of the Philippines, Justice Alicia Sempio-Dy
explains the rationale of the rule, thus: “It is a truism that unlike legitimate children who are publicly Family Code
recognized, illegitimate children are usually begotten and raised in secrecy and without the legitimate Chapter 2. The Family Home
family being aware of their existence. Who then can be sure of their filiation but the parents Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
themselves? But suppose the child claiming to be the illegitimate child of a certain person is not really family, is the dwelling house where they and their family reside, and the land on which it is situated.
the child of the latter? The putative parent should thus be given the opportunity to affirm or deny the (223a)
child’s filiation, and this, he or she cannot do if he or she is already dead.
-the NCC provisions on which Graciano relied on are amended by FC, thus, the said actions for Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a
recognition are now barred family residence. From the time of its constitution and so long as any of its beneficiaries actually resides
-his filiation cannot be established collaterally therein, the family home continues to be such and is exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the value allowed by law. (223a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment except: Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said
(1) For nonpayment of taxes; provisions are applicable. (n)
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution; and MODEQUILLO V. BREVA
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have Summary: Family home was being attached for enforcement of judgment awarding damages against
rendered service or furnished material for the construction of the building. (243a) Modequillo for a vehicular accident which caused the death of the victim. Court held that since the
family home was not constituted in accordance to the Civil Code (which was applicable when the
Art. 156. The family home must be part of the properties of the absolute community or the conjugal Judgment became final), then the family home is not exempted from execution. Family Code provisions
partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be not retroactive.
constituted by an unmarried head of a family on his or her own property. Under the Family Code, a family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. There is no need to constitute the same judicially or extrajudicially as
Nevertheless, property that is the subject of a conditional sale on installments where ownership is required in the Civil Code. If the family actually resides in the premises, it is, therefore, a family home as
reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family contemplated by law. Thus, the creditors should take the necessary precautions to protect their interest
home. (227a, 228a) before extending credit to the spouse or head of the family who owns the home.
Facts:
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount -Jose Modequillo and Benito Malubay were involved in a vehicular accident in March 1976, resulting to
of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or the death of AUDIE SALINAS.
such amounts as may hereafter be fixed by law. -Case was filed against them, and judgment was rendered in favor of Salinas heirs. Judgment became
final JANUARY 1988.
In any event, if the value of the currency changes after the adoption of this Code, the value most -Writ of execution was issued by RTC Davao.
favorable for the constitution of a family home shall be the basis of evaluation. -Sheriff levied on the ff:
○ RESIDENTIAL Land in Poblacion Malalag, Davao del Sur (in Modequillo's name)
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose ○ AGRICULTURAL land (also in Davao del Sur in the name of Modequillo)
annual income at least equals that legally required for chartered cities. All others are deemed to be rural -Modequillo filed a MOTION TO QUASH/TO SET ASIDE LEVY OF EXECUTION:
areas. (231a) • The residential land is a family home built since 1969
§ So under FC, it's exempt from liabilities except those enumerated in A155 - and the
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or judgment sought to be enforced is not one of them
owners thereof with the written consent of the person constituting the same, the latter's spouse, and a • Agricultural land: land, though declared in Modequillo's name, is still public land, because
majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a) the application for transfer from a cultural minority was not approved
TC: Denied motion; MFR denied
Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs WON the Family Home can be attached? YES
cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply Full Arguments of Modequillo:
regardless of whoever owns the property or constituted the family home. (238a) • Residential house and lot was duly constituted was occupied since 1969 in accordance with the FC, and
not on AUG 1988 when FC became effective
Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment • Residential house and lot is exempt from payment
in his favor, and he has reasonable grounds to believe that the family home is actually worth more than § Vehicular mishap happened 1976 - after family home constituted by residence starting 1969
the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for § Judgment became final JANUARY 1988
an order directing the sale of the property under execution. The court shall so order if it finds that the § The judgment is ot one of the instances enumerated under A155,FC
actual value of the family home exceeds the maximum amount allowed by law as of the time of its RULING
constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from 1. The exemption provided in A155 is effective FROM THE TIME OF CONSTITUTION OF FAMILY HOME,
subsequent voluntary improvements introduced by the person or persons constituting the family home, LASTS AS LONG AS ANY OF ITS BENEFICIARIES ACTUALLY RESIDES THEREIN
by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure 2. HERE: Family Home not constituted judicially nor extrajudicially under NCC
shall apply. 3. Family home only constituted AUG 3 (not 4) 1988, 1 year after publication in Manila Chronicle
4. Interpretation of A162,FC: DOESN'T MEAN that
RULE 107: Absentees Section 7. Who may be appointed. - In the appointment of a representative, the spouse present shall
Section 1. Appointment of representative. - When a person disappears from his domicile, his be preferred when there is no legal separation. If the absentee left no spouse, or if the spouse present is
whereabouts being unknown, and without having left an agent to administer his property, or the power a minor or otherwise incompetent, any competent person may be appointed by the court.
conferred upon the agent has expired, any interested party, relative or friend may petition the Court of
First Instance of the place where the absentee resided before his dis-appearance, for the appointment of In case of declaration of absence, the trustee or administrator of the absentee's property shall be
a person to represent him provisionally in all that may be necessary. In the City of Manila, the petition appointed in accordance with the preceding paragraph.
shall be filed in the Juvenile and Domestic Relations Court.
Section 8. Termination of administration. - The trusteeship or administration of the property of the
Section 2. Declaration of absence; who may petition. - After the lapse of two (2) years from his absentee shall cease upon order of the court in any of the following cases:
disapperance and without any news about the absentee or since the receipt of the last news, or of five (a) When the absentee appears personally or by means of an agent;
(5) years in case the absentee has left a person in charge of the administration of his property, the (b) When the death of the absentee is proved and his testate or intestate heirs appear;
declaration of his absence and appointment of a trustee or administrative may be applied for by any of (c) When a third person appears, showing by a proper document that he has acquired the absentee's
the following: property by purchase or other title.
(a) The spouse present;
(b) The heirs instituted in a will, who may present an authentic copy of the same. In these cases the trustee or administrator shall cease in the performance of his office, and the property
(c) The relatives who would succeed by the law of intestacy; and shall be placed at the disposal of whose may have a right thereto.
(d) Those who have over the property of the absentee some right subordinated to the condition of his
death. REYES V. ALEJANDR O
Summary: Wife of absentee (after 9 years of marriage, w/o any property put up by the conjugal
Section 3. Contents of petition. - The petition for the appointment of a representative, or for the partnership) wanted to have her husband declared as absent. Court held that since absentee did not
declaration of absence and the appointment of a trustee or an administrator, must show the following: leave any property when he went missing, no point in declaring him absent (which is primarily done for
(a) The jurisdictional facts; the protection of his estate)
(b) The names, ages, and residences of the heirs instituted in the will, copy of which shall be presented, Declaration of Absence May be Made in Administration Proceedings
and of the relatives who would succeed by the law of intestacy; It is not necessary that a declaration of absence be made in a proceeding separate from and prior to a
(c) The names and residences of creditors and others who may have any adverse interest over the petition for administrator.
property of the absentee; Declaration of Absence is Unnecessary Where There are NO properties
(d) The probable value, location and character of the property belonging to the absentee. The need to have a person judicially declared an absentee is when he has properties which have to be
taken care of or administered by a representative appointed by the Court; the spouse of the absentee is
Section 4. Time of hearing; notice and publication thereof. - When a petition for the appointment of a asking for separation of property, or his wife is asking the Court that the administration of all classes of
representative, or for the declaration of absence and the appointment of a trustee or administrator, is property in the marriage be transferred to her. The petition to declare the husband an absentee and the
filed, the court shall fix a date and place for the hearing thereof where all concerned may appear to petition to place the management of the conjugal properties in the hands of the wife may be combined
contest the petition. and adjudicated in the same proceedings. Hence, there is no need for such declaration if there are no
properties.
Copies of the notice of the time and place fixed for the hearing shall be served upon the known heirs,
legatees, devisees, creditors and other interested persons, at least ten (10) days before the day of the Facts
hearing, and shall be published once a week for three (3) consecutive weeks prior to the time designated -ROBERTO REYES and ERLINDA REYNOSO REYES got married in May 20, 1960
for the hearing, in a newspaper of general circulation in the province or city where the absentee resides, -due to some misunderstanding over personal matters, ROBERTO left ERLINDA in April 1962. Since then,
as the court shall deem best. no news about whereabouts of ROBERTO was heard
-October 1969, ERLINDA filed a petition for declaration of absence of her husband. ROBERTO left no will,
Section 5. Opposition. - Anyone appearing to contest the petition shall state in writing his grounds nor any property in his name, nor any debts:
therefor, and serve a copy thereof on the petitioner and other interested parties on or before the date o They have not acquired any properties during their marriage
designated for the hearing.
By the trial court’s citation of Article 41 of the Family Code, it is gathered that the petition of Apolinaria
Jomoc to have her absent spouse declared presumptively dead had for its purpose her desire to contract
a valid subsequent marriage. Ergo, the petition for that purpose is a "summary proceeding," following
above-quoted Art. 41, paragraph 2 of the Family Code.
Since Title XI of the Family Code, entitled SUMMARY JUDICIAL PROCEEDING IN THE FAMILY LAW,
contains the following provision, inter alia:
xxx
Art. 238. Unless modified by the Supreme Court, the procedural rules in this Title shall apply in all cases
provided for in this Codes requiring summary court proceedings. Such cases shall be decided in an
expeditious manner without regard to technical rules. (Emphasis and underscoring supplied)
x x x,
there is no doubt that the petition of Apolinaria Jomoc required, and is, therefore, a summary
proceeding under the Family Code, not a special proceeding under the Revised Rules of Court appeal for
which calls for the filing of a Record on Appeal. It being a summary ordinary proceeding, the filing of a
Notice of Appeal from the trial court’s order sufficed.
That the Family Code provision on repeal, Art. 254, provides as follows:
Art. 254. Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book I of Republic Act No. 386, otherwise known as
the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41 and
42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended,
and all laws, decrees, executive orders, proclamations rules and regulations, or parts thereof,
inconsistent therewith are hereby repealed, (Emphasis and underscoring supplied),
seals the case in petitioner’s favor.
*IN SHORT, SINCE THE TRIAL COURT USED THE FAMILY CODE, AND THE FAMILY CODE DESIGNATES
SUCH CASES AS A SUMMARY PROCEEDING AND NOT A SPECIAL PROCEEDING, IT IS NOT A SPECIAL
PROCEEDING…