Special Proceeding April 10 Assignment Page of 1 41

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 1 of 41
SPECIAL PROCEEDING (April 10)

(e) The names and addresses of all the creditors of the petitioner or
head of the family and of all mortgages and other persons who have
IX. FAMILY HOME   an interest in the property;
 
(f) The names of all the beneficiaries of the family home.
RULE 106
Section 3. Notice and publication. — The court shall notify the
creditors, mortgagees and all other persons who have an interest in
Constitution of Family Home
the estate, of the filing of the petition, causing copies thereof to be
served upon them, and published once a week for three (3)
Section 1. Who may constitute. — The head of a family owning a consecutive weeks in a newspaper of general circulation. The petition
house and the land on which it is situated may constitute the same into shall, moreover, be caused to be posted in a conspicuous place in the
a family home by filing a verified petition to that effect with the Court of parcel of land mentioned therein, and also in a conspicuous place of
First Instance of the province or city where the property is located. In the municipal building of the municipality or city in which the land is
the City of Manila, the petition shall be filed in the Juvenile and situated, for at least fourteen (14) days prior to the day of the hearing.
Domestic Relations Court.
Section 4. Objection and date of hearing. — In the notice and

When there is danger that a person obliged to give support may lose publication required in the preceding section, the court shall require
his or her fortune because of grave mismanagement or on account of the interested parties to file their objection to the petition within a
riotous living, his or her spouse, if any, and a majority of those entitled period of not less than thirty (30) days from receipt of notice or from
to be supported by him or by her may petition the Court of First the date of last publication, and shall fix the date and time of the
Instance for the creation of the family home.
hearing of the petition.
Section 2. Contents of petition. — The petition shall contain the Section 5. Order. — After hearing, if the court finds that the actual
following particulars:
value of the proposed family home does not exceed twenty thousand
pesos, or thirty thousand pesos in chartered cities, and that no third
(a) Description of the property;
person is prejudiced thereby, or that creditors have given sufficient
security for their credits, the petition shall be approved.
(b) An estimate of its actual value;
Section 6. Registration of order. — A certified copy of the order of the

(c) A statement that the petitioner is actually residing in the premises;
court approving the establishment of the family home shall be
furnished the register of deeds who shall record the same in the
(d) The encumbrances thereon;
registry of property.

Family Code, Art. 152-162
(4) For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished
Chapter 2. The Family Home
material for the construction of the building. (243a)
Art. 152. The family home, constituted jointly by the husband and the Art. 156. The family home must be part of the properties of the
wife or by an unmarried head of a family, is the dwelling house where absolute community or the conjugal partnership, or of the exclusive
they and their family reside, and the land on which it is situated. (223a)
properties of either spouse with the latter's consent. It may also be
constituted by an unmarried head of a family on his or her own
Art. 153. The family home is deemed constituted on a house and lot property.
from the time it is occupied as a family residence. From the time of its
constitution and so long as any of its beneficiaries actually resides Nevertheless, property that is the subject of a conditional sale on
therein, the family home continues to be such and is exempt from installments where ownership is reserved by the vendor only to
execution, forced sale or attachment except as hereinafter provided guarantee payment of the purchase price may be constituted as a
and to the extent of the value allowed by law. (223a)
family home. (227a, 228a)
Art. 154. The beneficiaries of a family home are:

Art. 157. The actual value of the family home shall not exceed, at the
time of its constitution, the amount of the three hundred thousand
(1) The husband and wife, or an unmarried person who is the head of a pesos in urban areas, and two hundred thousand pesos in rural areas,
family; and
or such amounts as may hereafter be fixed by law.
(2) Their parents, ascendants, descendants, brothers and sisters, In any event, if the value of the currency changes after the adoption of
whether the relationship be legitimate or illegitimate, who are living in this Code, the value most favorable for the constitution of a family
the family home and who depend upon the head of the family for legal home shall be the basis of evaluation.
support. (226a)
For purposes of this Article, urban areas are deemed to include

Art. 155. The family home shall be exempt from execution, forced sale chartered cities and municipalities whose annual income at least
or attachment except:
equals that legally required for chartered cities. All others are deemed
to be rural areas. (231a)
(1) For nonpayment of taxes;
Art. 158. The family home may be sold, alienated, donated, assigned
(2) For debts incurred prior to the constitution of the family home;
or encumbered by the owner or owners thereof with the written
consent of the person constituting the same, the latter's spouse, and a
(3) For debts secured by mortgages on the premises before or after majority of the beneficiaries of legal age. In case of conflict, the court
such constitution; and
shall decide. (235a)

Art. 159. The family home shall continue despite the death of one or NIRC Section 2(4) 
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
cannot partition the same unless the court finds compelling reasons 4) The Family Home. - An amount equivalent to the current fair market
therefor. This rule shall apply regardless of whoever owns the property value of the decedent's family home: Provided, however, That if the
or constituted the family home. (238a)
said current fair market value exceeds One million pesos (P1,000,000),
the excess shall be subject to estate tax.
Art. 160. When a creditor whose claims is not among those mentioned As a sine qua non condition for the exemption or deduction, said
in Article 155 obtains a judgment in his favor, and he has reasonable family home must have been the decedent's family home as certified
grounds to believe that the family home is actually worth more than the by the barangay captain of the locality.
maximum amount fixed in Article 157, he may apply to the court which
rendered the judgment for an order directing the sale of the property  
under execution. The court shall so order if it finds that the actual value
of the family home exceeds the maximum amount allowed by law as of
ROC, Rule 39, Sec. 13
the time of its constitution. If the increased actual value exceeds the
maximum allowed in Article 157 and results from subsequent voluntary
Section 13. Property exempt from execution. — Except as otherwise
improvements introduced by the person or persons constituting the
expressly provided by law, the following property, and no other, shall
family home, by the owner or owners of the property, or by any of the
be exempt from execution:
beneficiaries, the same rule and procedure shall apply.
(a) The judgment obligor's family home as provided by law, or the

At the execution sale, no bid below the value allowed for a family home
homestead in which he resides, and land necessarily used in
shall be considered. The proceeds shall be applied first to the amount
connection therewith;
mentioned in Article 157, and then to the liabilities under the judgment
and the costs. The excess, if any, shall be delivered to the judgment
(b) Ordinary tools and implements personally used by him in his trade,
debtor. (247a, 248a)
employment, or livelihood;
Art. 161. For purposes of availing of the benefits of a family home as

(c) Three horses, or three cows, or three carabaos, or other beasts of
provided for in this Chapter, a person may constitute, or be the
burden, such as the judgment obligor may select necessarily used by
beneficiary of, only one family home. (n)
him in his ordinary occupation;
Art. 162. The provisions in this Chapter shall also govern existing
(d) His necessary clothing and articles for ordinary personal use,
family residences insofar as said provisions are applicable. (n)
excluding jewelry;
 
(e) Household furniture and utensils necessary for housekeeping, and
used for that purpose by the judgment obligor and his family, such as
the judgment obligor may select, of a value not exceeding one A. How is a family home constituted? 
hundred thousand pesos;
B. Differentiate between provisions of the Family Code and Civil Code 
C. Benefits of having a family home in general, for tax purposes, for
(f) Provisions for individual or family use sufficient for four months;
execution purposes under Rule 39 
D. Importance of value of the family home
(g) The professional libraries and equipment of judges, lawyers,

physicians, pharmacists, dentists, engineers, surveyors, clergymen, Cases:  
teachers, and other professionals, not exceeding three hundred o Jose Modequillo vs. Hon Augusto Breva, GR No. 86355, 31 May
thousand pesos in value;
1990 
o De Mesa v. Acero, GR 185064, 16 Jan. 2012
(h) One fishing boat and accessories not exceeding the total value of
one hundred thousand pesos owned by a fisherman and by the lawful  
use of which he earns his livelihood;
(i) So much of the salaries, wages, or earnings of the judgment obligor  

for his personal services within the four months preceding the levy as
are necessary for the support of his family;
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities accruing or in any manner

growing out of any life insurance;
(l) The right to receive legal support, or money or property obtained as

such support, or any pension or gratuity from the Government;
(m) Properties specially exempted by law.
But no article or species of property mentioned in this section shall be

exempt from execution issued upon a judgment recovered for its price
or upon a judgment of foreclosure of a mortgage thereon. (12a)
 
(d) Those who have over the property of the absentee some right
subordinated to the condition of his death.
X. ABSENTEES  
  Section 3. Contents of petition. — The petition for the appointment of
a representative, or for the declaration of absence and the
appointment of a trustee or an administrator, must show the following:
Rule 107
(a) The jurisdictional facts;
RULE 107
(b) The names, ages, and residences of the heirs instituted in the will,
Absentees
copy of which shall be presented, and of the relatives who would
succeed by the law of intestacy;
Section 1. Appointment of representative. — When a person

disappears from his domicile, his whereabouts being unknown, and
(c) The names and residences of creditors and others who may have
without having left an agent to administer his property, or the power
any adverse interest over the property of the absentee;
conferred upon the agent has expired, any interested party, relative or
friend may petition the Court of First Instance of the place where the
(d) The probable value, location and character of the property
absentee resided before his dis-appearance, for the appointment of a
belonging to the absentee.
person to represent him provisionally in all that may be necessary. In

the City of Manila, the petition shall be filed in the Juvenile and
Section 4. Time of hearing; notice and publication thereof. — When a
Domestic Relations Court.
petition for the appointment of a representative, or for the declaration

of absence and the appointment of a trustee or administrator, is filed,
Section 2. Declaration of absence; who may petition. — After the lapse the court shall fix a date and place for the hearing thereof where all
of two (2) years from his disapperance and without any news about the
concerned may appear to contest the petition.
absentee or since the receipt of the last news, or of five (5) years in
case the absentee has left a person in charge of the administration of
Copies of the notice of the time and place fixed for the hearing shall be
his property, the declaration of his absence and appointment of a
served upon the known heirs, legatees, devisees, creditors and other
trustee or administrative may be applied for by any of the following:
interested persons, at least ten (10) days before the day of the hearing,
and shall be published once a week for three (3) consecutive weeks
(a) The spouse present;
prior to the time designated for the hearing, in a newspaper of general

circulation in the province or city where the absentee resides, as the
(b) The heirs instituted in a will, who may present an authentic copy of
court shall deem best.
the same.
Section 5. Opposition. — Anyone appearing to contest the petition

(c) The relatives who would succeed by the law of intestacy; and
shall state in writing his grounds therefor, and serve a copy thereof on
the petitioner and other interested parties on or before the date (c) When a third person appears, showing by a proper document that
designated for the hearing.
he has acquired the absentee's property by purchase or other title.
Section 6. Proof at hearing; order. — At the hearing, compliance with

the provisions of section 4 of this rule must first be shown. Upon
satisfactory proof of the allegations in the petition, the court shall issue In these cases the trustee or administrator shall cease in the
an order granting the same and appointing the representative, trustee performance of his office, and the property shall be placed at the
or administrator for the absentee. The judge shall take the necessary disposal of whose may have a right thereto.
measures to safeguard the rights and interests of the absentee and

shall specify the powers, obligations and remuneration of his  
representative, trustee or administrator, regulating them by the rules
concerning guardians.
Civil Code, Art. 381 to 386, 391
In case of declaration of absence, the same shall not take effect until
CHAPTER 1 
six (6) months after its publication in a newspaper of general circulation
Provisional Measures in Case of Absence
designated by the court and in the Official Gazette.
Article 381. When a person disappears from his domicile, his

Section 7. Who may be appointed. — In the appointment of a whereabouts being unknown, and without leaving an agent to
representative, the spouse present shall be preferred when there is no
administer his property, the judge, at the instance of an interested
legal separation. If the absentee left no spouse, or if the spouse
party, a relative, or a friend, may appoint a person to represent him in
present is a minor or otherwise incompetent, any competent person
all that may be necessary.
may be appointed by the court.
This same rule shall be observed when under similar circumstances

In case of declaration of absence, the trustee or administrator of the
the power conferred by the absentee has expired. (181a)
absentee's property shall be appointed in accordance with the

preceding paragraph.
Article 382. The appointment referred to in the preceding article

having been made, the judge shall take the necessary measures to
Section 8. Termination of administration. — The trusteeship or safeguard the rights and interests of the absentee and shall specify the
administration of the property of the absentee shall cease upon order
powers, obligations and remuneration of his representative, regulating
of the court in any of the following cases:
them, according to the circumstances, by the rules concerning

guardians. (182)
(a) When the absentee appears personally or by means of an agent;
Article 383. In the appointment of a representative, the spouse present

(b) When the death of the absentee is proved and his testate or
shall be preferred when there is no legal separation.
intestate heirs appear;

If the absentee left no spouse, or if the spouse present is a minor, any (1) A person on board a vessel lost during a sea voyage, or an
competent person may be appointed by the court. (183a)
aeroplane which is missing, who has not been heard of for four years
since the loss of the vessel or aeroplane;
 
(2) A person in the armed forces who has taken part in war, and has
been missing for four years;
CHAPTER 2 
Declaration of Absence
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four years. (n)
Article 384. Two years having elapsed without any news about the
absentee or since the receipt of the last news, and five years in case  
the absentee has left a person in charge of the administration of his  
property, his absence may be declared. (184)
Family Code, Art. 40 to 43
Article 385. The following may ask for the declaration of absence:
Art. 40. The absolute nullity of a previous marriage may be invoked for
(1) The spouse present;
purposes of remarriage on the basis solely of a final judgment

declaring such previous marriage void. (n).
(2) The heirs instituted in a will, who may present an authentic copy of
the same;
Art. 41. A marriage contracted by any person during subsistence of a

previous marriage shall be null and void, unless before the celebration
(3) The relatives who may succeed by the law of intestacy;
of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief
(4) Those who may have over the property of the absentee some right
that the absent spouse was already dead. In case of disappearance
subordinated to the condition of his death. (185)
where there is danger of death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an absence of only two
Article 386. The judicial declaration of absence shall not take effect years shall be sufficient.
until six months after its publication in a newspaper of general

circulation. (186a)
For the purpose of contracting the subsequent marriage under the

preceding paragraph the spouse present must institute a summary
 
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance
Article 391. The following shall be presumed dead for all purposes, of the absent spouse. (83a)
including the division of the estate among the heirs:

Art. 42. The subsequent marriage referred to in the preceding Article (5) The spouse who contracted the subsequent marriage in bad faith
shall be automatically terminated by the recording of the affidavit of shall be disqualified to inherit from the innocent spouse by testate and
reappearance of the absent spouse, unless there is a judgment intestate succession. (n)
annulling the previous marriage or declaring it void ab initio.
 
A sworn statement of the fact and circumstances of reappearance
shall be recorded in the civil registry of the residence of the parties to
the subsequent marriage at the instance of any interested person, with Cases:  
due notice to the spouses of the subsequent marriage and without o Republic vs. CA, GR No. 163604, 6 May 2005 
prejudice to the fact of reappearance being judicially determined in o Re: Petition for Declaration of Absence of Roberto L. Reyes, GR No.
case such fact is disputed. (n)
L-32026, 16 January 1989 
o Valdez v. Republic, GR No. 180863, 8 Sept. 2009
Art. 43. The termination of the subsequent marriage referred to in the

preceding Article shall produce the following effects:
 
 
(1) The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as

the case may be, shall be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share of the net profits
of the community property or conjugal partnership property shall be
forfeited in favor of the common children or, if there are none, the
children of the guilty spouse by a previous marriage or in default of
children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if

the donee contracted the marriage in bad faith, such donations made
to said donee are revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other
spouse who acted in bad faith as beneficiary in any insurance policy,
even if such designation be stipulated as irrevocable; and

(a) That the person in whose behalf the application is made is
imprisoned or restrained on his liberty;
XI. WRITS OF HABEAS CORPUS, HABEAS DATA, AMPARO and

KALIKASAN  (b) The officer or name of the person by whom he is so imprisoned or
  restrained; or, if both are unknown or uncertain, such officer or person
may be described by an assumed appellation, and the person who is
served with the writ shall be deemed the person intended;
Rule 102 
(c) The place where he is so imprisoned or restrained, if known;
RULE 102
(d) A copy of the commitment or cause of detention of such person, if
it can be procured without impairing the efficiency of the remedy; or, if
Habeas Corpus
the imprisonment or restraint is without any legal authority, such fact
shall appear.
Section 1. To what habeas corpus extends. — Except as otherwise

expressly provided by law, the writ of habeas corpus shall extend to all
Section 4. When writ not allowed or discharge authorized. — If it
cases of illegal confinement or detention by which any person is
appears that the person alleged to be restrained of his liberty is in the
deprived of his liberty, or by which the rightful custody of any person is
custody of an officer under process issued by a court or judge or by
withheld from the person entitled thereto.
virtue of a judgment or order of a court of record, and that the court or

judge had jurisdiction to issue the process, render the judgment, or
Section 2. Who may grant the writ. — The writ of habeas corpus may make the order, the writ shall not be allowed; or if the jurisdiction
be granted by the Supreme Court, or any member thereof in the
appears after the writ is allowed, the person shall not be discharged by
instances authorized by law, and if so granted it shall be enforceable
reason of any informality or defect in the process, judgment, or order.
anywhere in the Philippines, and may be made returnable before the
Not shall anything in this rule be held to authorize the discharge of a
court or any member thereof, or before a Court of First Instance, or any
person charged with or convicted of an offense in the Philippines, or of
judge thereof for the hearing and decision on the merits. It may also be
a person suffering imprisonment under lawful judgment.
granted by a Court of First Instance, or a judge thereof, on any day and

at any time, and returnable before himself, enforceable only within his
Section 5. When the writ must be granted and issued. — A court or
judicial district.
judge authorized to grant the writ must, when a petition therefor is

presented and it appears that the writ ought to issue, grant the same
Section 3. Requisites of application therefor. — Application for the writ forthwith, and immediately thereupon the clerk of the court shall issue
shall be by petition signed and verified either by the party for whose
the writ under the seal of the court; or in case of emergency, the judge
relief it is intended, or by some person on his behalf, and shall set
may issue the writ under his own hand, and may depute any officer or
forth:
person to serve it.

Section 6. To whom writ directed, and what to require. — In case of whose custody or under whose restraint the party imprisoned or
imprisonment or restraint by an officer, the writ shall be directed to restrained is held and the court or judge before whom he is to be
him, and shall command him to have the body of the person restrained bought.
of his liberty before the court or judge designated in the writ at the time
and place therein specified. In case of imprisonment or restraint by a Section 10. Contents of return. — When the person to be produced is
person not an officer, the writ shall be directed to an officer, and shall imprisoned or restrained by an officer, the person who makes the
command him to take and have the body of the person restrained of return shall state therein, and in other cases the person in whose
his liberty before the court or judge designated in the writ at the time custody the prisoner is found shall state, in writing to the court or
and place therein specified, and to summon the person by whom he is judge before whom the writ is returnable, plainly and unequivocably:
restrained then and there to appear before said court or judge to show
the cause of the imprisonment or restraint.
(a) Whether he has or has not the party in his custody or power, or
under restraint;
Section 7. How prisoner designated and writ served. — The person to

be produced should be designated in the writ by his name, if known, (b) If he has the party in his custody or power, or under restraint, the
but if his name is not known he may be otherwise described or authority and the true and whole cause thereof, set forth at large, with
identified. The writ may be served in any province by the sheriff or a copy of the writ, order execution, or other process, if any, upon
other proper officer, or by a person deputed by the court or judge. which the party is held;
Service of the writ shall be made by leaving the original with the
person to whom it is directed and preserving a copy on which to make (c) If the party is in his custody or power or is restrained by him, and is
return or service. If that person cannot be found, or has not the not produced, particularly the nature and gravity of the sickness or
prisoner in his custody, then the service shall be made on any other infirmity of such party by reason of which he cannot, without danger,
person having or exercising such custody.
be bought before the court or judge;
Section 8. How writ executed and returned. — The officer to whom the (d) If he has had the party in his custody or power, or under restraint,
writ is directed shall convey the person so imprisoned or restrained, and has transferred such custody or restraint to another, particularly to
and named in the writ, before the judge allowing the writ, or in case of whom, at what time, for what cause, and by what authority such
his absence or disability, before some other judge of the same court, transfer was made.
on the day specified in the writ, unless, from sickness or infirmity of the
person directed to be produced, such person cannot, without danger, Section 11. Return to be signed and sworn to. — The return or
be bought before the court or judge; and the officer shall make due statement shall be signed by the person who makes it; and shall also
return of the writ, together with the day and the cause of the caption be sworn by him if the prisoner is not produced, and in all other cases
and restraint of such person according to the command thereof.
unless the return is made and signed by a sworn public officer in his
official capacity.
Section 9. Defect of form. — No writ of habeas corpus can be

disobeyed for defect of form, if it sufficiently appears therefrom in
Section 12. Hearing on return. Adjournments. — When the writ is offense charged, conditioned for his appearance before the court
returned before one judge, at a time when the court is in session, he where the offense is properly cognizable to abide its order of
may forthwith adjourn the case into the court, there to be heard and judgment; and the court or judge shall certify the proceedings,
determined. The court or judge before whom the writ is returned or together with the bond, forthwith to the proper court. If such bond is
adjourned must immediately proceed to hear and examine the return, not so filed, the prisoner shall be recommitted to confinement.
and such other matters as are properly submitted for consideration,

unless for good cause shown the hearing is adjourned, in which event Section 15. When prisoner discharged if no appeal. — When the court
the court or judge shall make such order for the safekeeping of the or judge has examined into the cause of caption and restraint of the
person imprisoned or restrained as the nature of the case requires. If prisoner, and is satisfied that he is unlawfully imprisoned or restrained,
the person imprisoned or restrained is not produced because of his he shall forthwith order his discharge from confinement, but such
alleged sickness or infirmity, the court or judge must be satisfied that it discharge shall not be effective until a copy of the order has been
is so grave that such person cannot be produced without danger, served on the officer or person detaining the prisoner. If the officer or
before proceeding to hear and dispose of the matter. On the hearing person detaining the prisoner does not desire to appeal, the prisoner
the court or judge shall disregard matters of form and technicalities in shall be forthwith released.
respect to any warrant or order of commitment of a court or officer

authorized to commit by law.
Section 16. Penalty for refusing to issue writ, or for disobeying the
same. — A clerk of a court who refuses to issue the writ after
Section 13. When the return evidence, and when only a plea. — If it allowance thereof and demand therefor, or a person to whom a writ is
appears that the prisoner is in custody under a warrant of commitment directed, who neglects or refuses to obey or make return of the same
in pursuance of law, the return shall be considered prima according to the command thereof, or makes false return thereof, or
facie evidence of the cause of restraint, but if he is restrained of his who, upon demand made by or on behalf of the prisoner, refuses to
liberty by any alleged private authority, the return shall be considered deliver to the person demanding, within six (6) hours after the demand
only as a plea of the facts therein set forth, and the party claiming the therefor, a true copy of the warrant or order of commitment, shall forfeit
custody must prove such facts.
to the party aggrieved the sum of one thousand pesos, to be recorded
in a proper action, and may also be punished by the court or judge as
Section 14. When person lawfully imprisoned recommitted, and when for contempt.
let to bail. — If it appears that the prisoner was lawfully committed,

and is plainly and specifically charged in the warrant of commitment Section 17. Person discharged not to be again imprisoned. — A
with an offense punishable by death, he shall not be released, person who is set at liberty upon a writ of habeas corpus shall not be
discharged, or bailed. If he is lawfully imprisoned or restrained on a again imprisoned for the same offense unless by the lawful order or
charge of having committed an offense not so punishable, he may be process of a court having jurisdiction of the cause or offense; and a
recommitted to imprisonment or admitted to bail in the discretion of person who knowingly, contrary to the provisions of this rule,
the court or judge. If he be admitted to bail, he shall forthwith file a recommits or imprisons, or causes to be committed or imprisoned, for
bond in such sum as the court or judge deems reasonable, the same offense, or pretended offense, any person so set at liberty, or
considering the circumstances of the prisoner and the nature of the knowingly aids or assists therein, shall forfeit to the party aggrieved the
sum of one thousand pesos, to be recovered in a proper action, BP 129, Sec. 21(1), Sec. 39
notwithstanding any colorable pretense or variation in the warrant of

commitment, and may also be punished by the court or judge granting Section 21. Original jurisdiction in other cases. – Regional Trial Courts
the writ as for contempt.
shall exercise original jurisdiction:
Section 18. When prisoner may be removed from one custody to

another. — A person committed to prison, or in custody of an officer,
for any criminal matter, shall not be removed therefrom into the (1) In the issuance of writs of certiorari, prohibition, mandamus, quo
custody of another unless by legal process, or the prisoner be warranto, habeas corpus and injunction which may be enforced in any
delivered to an inferior officer to carry to jail, or, by order of the proper part of their respective regions; and
court or judge, be removed from one place to another within the

 
Philippines for trial, or in case of fire epidemic, insurrection, or other
necessity or public calamity; and a person who, after such
commitment, makes signs, or counter-signs any order for such
Section 39. Appeals. – The period for appeal from final orders,
removal contrary to this section, shall forfeit to the party aggrieved the
resolutions, awards, judgments, or decisions of any court in all cases
sum of one thousand pesos, to be recovered in a proper action.
shall be fifteen (15) days counted from the notice of the final order,
resolution, award, judgment, or decision appealed from: Provided
however, That in habeas corpus cases, the period for appeal shall be
forty-eight (48) hours from the notice of the judgment appealed from.
Section 19. Record of writ, fees and costs. — The proceedings upon a
writ of habeas corpus shall be recorded by the clerk of the court, and
No record on appeal shall be required to take an appeal. In lieu thereof,
upon the final disposition of such proceedings the court or judge shall
the entire record shall be transmitted with all the pages prominently
make such order as to costs as the case requires. The fees of officers
numbered consecutively, together with an index of the contents
and witnesses shall be included in the costs taxed, but no officer or
thereof.
person shall have the right to demand payment in advance of any fees
to which he is entitled by virtue of the proceedings. When a person
confined under color of proceedings in a criminal case is discharged,
the costs shall be taxed against the Republic of the Philippines, and
This section shall not apply in appeals in special proceedings and in
paid out of its Treasury; when a person in custody by virtue or under
other cases wherein multiple appeals are allowed under applicable
color of proceedings in a civil case is discharged, the costs shall be
provisions of the Rules of Court.
taxed against him, or against the person who signed the application for
the writ, or both, as the court shall direct.
 
 
  The filing of a petition by the aggrieved party suspends the right of all
AM No. 7-9-12-SC (Writ of Amparo)
other authorized parties to file similar petitions. Likewise, the filing of
the petition by an authorized party on behalf of the aggrieved party
A.M. No. 07-9-12-SC   suspends the right of all others, observing the order established herein.
(25 September 2007)
SEC. 3. Where to File. – The petition may be filed on any day and at
THE RULE ON THE WRIT OF AMPARO
any time with the Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements occurred, or with the
SECTION 1. Petition. – The petition for a writ of amparo is a remedy Sandiganbayan, the Court of Appeals, the Supreme Court, or any
available to any person whose right to life, liberty and security is justice of such courts. The writ shall be enforceable anywhere in the
violated or threatened with violation by an unlawful act or omission of a Philippines.
public official or employee, or of a private individual or entity.
When issued by a Regional Trial Court or any judge thereof, the writ
The writ shall cover extralegal killings and enforced disappearances or shall be returnable before such court or judge.
threats thereof.
When issued by the Sandiganbayan or the Court of Appeals or any of

SEC. 2. Who May File. – The petition may be filed by the aggrieved their justices, it may be returnable before such court or any justice
party or by any qualified person or entity in the following order:
thereof, or to any Regional Trial Court of the place where the threat, act
or omission was committed or any of its elements occurred.
a. Any member of the immediate family, namely: the spouse,

children and parents of the aggrieved party;  When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
Sandiganbayan or the Court of Appeals or any of their justices, or to
b. Any ascendant, descendant or collateral relative of the any Regional Trial Court of the place where the threat, act or omission
aggrieved party within the fourth civil degree of consanguinity was committed or any of its elements occurred.
or affinity, in default of those mentioned in the preceding

paragraph; or  SEC. 4. No Docket Fees. – The petitioner shall be exempted from the
payment of the docket and other lawful fees when filing the petition.
The court, justice or judge shall docket the petition and act upon it
c. Any concerned citizen, organization, association or institution, if immediately.
there is no known member of the immediate family or relative of

the aggrieved party.  SEC. 5. Contents of Petition. – The petition shall be signed and
verified and shall allege the following:

a. The personal circumstances of the petitioner;  if on its face it ought to issue. The clerk of court shall issue the writ
under the seal of the court; or in case of urgent necessity, the justice or
the judge may issue the writ under his or her own hand, and may
b. The name and personal circumstances of the respondent deputize any officer or person to serve it.
responsible for the threat, act or omission, or, if the name is

unknown or uncertain, the respondent may be described by an The writ shall also set the date and time for summary hearing of the
assumed appellation;  petition which shall not be later than seven (7) days from the date of its
issuance.
c. The right to life, liberty and security of the aggrieved party SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of
violated or threatened with violation by an unlawful act or court who refuses to issue the writ after its allowance, or a deputized
omission of the respondent, and how such threat or violation is person who refuses to serve the same, shall be punished by the court,
committed with the attendant circumstances detailed in justice or judge for contempt without prejudice to other disciplinary
supporting affidavits;  actions.
SEC. 8. How the Writ is Served. – The writ shall be served upon the
d. The investigation conducted, if any, specifying the names, respondent by a judicial officer or by a person deputized by the court,
personal circumstances, and addresses of the investigating justice or judge who shall retain a copy on which to make a return of
authority or individuals, as well as the manner and conduct of service. In case the writ cannot be served personally on the
the investigation, together with any report;  respondent, the rules on substituted service shall apply.
SEC. 9. Return; Contents. – Within seventy-two (72) hours after

e. The actions and recourses taken by the petitioner to determine service of the writ, the respondent shall file a verified written return
the fate or whereabouts of the aggrieved party and the identity together with supporting affidavits which shall, among other things,
of the person responsible for the threat, act or omission; and  contain the following:
a. The lawful defenses to show that the respondent did not violate
f. The relief prayed for.  or threaten with violation the right to life, liberty and security of
the aggrieved party, through any act or omission; 
The petition may include a general prayer for other just and equitable
reliefs.
b. The steps or actions taken by the respondent to determine the
fate or whereabouts of the aggrieved party and the person or
SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the persons responsible for the threat, act or omission; 
court, justice or judge shall immediately order the issuance of the writ
c. All relevant information in the possession of the respondent The return shall also state other matters relevant to the investigation,
pertaining to the threat, act or omission against the aggrieved its resolution and the prosecution of the case.
party; and 
A general denial of the allegations in the petition shall not be allowed.
d. If the respondent is a public official or employee, the return SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses
shall further state the actions that have been or will still be shall be raised in the return, otherwise, they shall be deemed waived.
taken: 
SEC. 11. Prohibited Pleadings and Motions. – The following
pleadings and motions are prohibited:
i. to verify the identity of the aggrieved party; 

a. Motion to dismiss; 
ii. to recover and preserve evidence related to the death or

disappearance of the person identified in the petition which b. Motion for extension of time to file return, opposition, affidavit,
may aid in the prosecution of the person or persons position paper and other pleadings; 
responsible; 
c. Dilatory motion for postponement; 

iii. to identify witnesses and obtain statements from them
concerning the death or disappearance; 
d. Motion for a bill of particulars; 
iv. to determine the cause, manner, location and time of death or

disappearance as well as any pattern or practice that may have e. Counterclaim or cross-claim; 
brought about the death or disappearance; 
f. Third-party complaint; 
v. to identify and apprehend the person or persons involved in the
death or disappearance; and 
g. Reply; 
vi. to bring the suspected offenders before a competent court. 

h. Motion to declare respondent in default; 
i. Intervention;  organization, association or institution referred to in Section 3(c) of this
Rule, the protection may be extended to the officers involved.
j. Memorandum;  The Supreme Court shall accredit the persons and private institutions
that shall extend temporary protection to the petitioner or the
aggrieved party and any member of the immediate family, in
k. Motion for reconsideration of interlocutory orders or interim accordance with guidelines which it shall issue.
relief orders; and 

The accredited persons and private institutions shall comply with the
rules and conditions that may be imposed by the court, justice or
l. Petition for certiorari, mandamus or prohibition against any judge.
interlocutory order. 
(b) Inspection Order. — The court, justice or judge, upon verified
motion and after due hearing, may order any person in possession or
SEC. 12. Effect of Failure to File Return. — In case the respondent control of a designated land or other property, to permit entry for the
fails to file a return, the court, justice or judge shall proceed to hear the purpose of inspecting, measuring, surveying, or photographing the
petition ex parte.
property or any relevant object or operation thereon.
SEC. 13. Summary Hearing. — The hearing on the petition shall be The motion shall state in detail the place or places to be inspected. It
summary. However, the court, justice or judge may call for a shall be supported by affidavits or testimonies of witnesses having
preliminary conference to simplify the issues and determine the personal knowledge of the enforced disappearance or whereabouts of
possibility of obtaining stipulations and admissions from the parties.
the aggrieved party.
The hearing shall be from day to day until completed and given the If the motion is opposed on the ground of national security or of the
same priority as petitions for habeas corpus.
privileged nature of the information, the court, justice or judge may
conduct a hearing in chambers to determine the merit of the
SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime opposition.
before final judgment, the court, justice or judge may grant any of the
following reliefs:
The movant must show that the inspection order is necessary to
establish the right of the aggrieved party alleged to be threatened or
(a) Temporary Protection Order. – The court, justice or judge, upon violated.
motion or motu proprio, may order that the petitioner or the aggrieved
party and any member of the immediate family be protected in a The inspection order shall specify the person or persons authorized to
government agency or by an accredited person or private institution make the inspection and the date, time, place and manner of making
capable of keeping and securing their safety. If the petitioner is an the inspection and may prescribe other conditions to protect the
constitutional rights of all parties. The order shall expire five (5) days A motion for inspection order under this section shall be supported by
after the date of its issuance, unless extended for justifiable reasons.
affidavits or testimonies of witnesses having personal knowledge of
the defenses of the respondent.
(c) Production Order. – The court, justice or judge, upon verified motion
and after due hearing, may order any person in possession, custody or SEC. 16. Contempt. – The court, justice or judge may order the
control of any designated documents, papers, books, accounts, respondent who refuses to make a return, or who makes a false return,
letters, photographs, objects or tangible things, or objects in digitized or any person who otherwise disobeys or resists a lawful process or
or electronic form, which constitute or contain evidence relevant to the order of the court to be punished for contempt. The contemnor may be
petition or the return, to produce and permit their inspection, copying imprisoned or imposed a fine.
or photographing by or on behalf of the movant.
SEC. 17. Burden of Proof and Standard of Diligence Required. –

The motion may be opposed on the ground of national security or of The parties shall establish their claims by substantial evidence.
the privileged nature of the information, in which case the court, justice
or judge may conduct a hearing in chambers to determine the merit of The respondent who is a private individual or entity must prove that
the opposition.
ordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.
The court, justice or judge shall prescribe other conditions to protect

the constitutional rights of all the parties.
The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and
(d) Witness Protection Order. – The court, justice or judge, upon motion regulations was observed in the performance of duty.
or motu proprio, may refer the witnesses to the Department of Justice

for admission to the Witness Protection, Security and Benefit Program, The respondent public official or employee cannot invoke the
pursuant to Republic Act No. 6981.
presumption that official duty has been regularly performed to evade
responsibility or liability.
The court, justice or judge may also refer the witnesses to other
government agencies, or to accredited persons or private institutions SEC. 18. Judgment. — The court shall render judgment within ten (10)
capable of keeping and securing their safety.
days from the time the petition is submitted for decision. If the
allegations in the petition are proven by substantial evidence, the court
SEC. 15. Availability of Interim Reliefs to Respondent. – Upon shall grant the privilege of the writ and such reliefs as may be proper
verified motion of the respondent and after due hearing, the court, and appropriate; otherwise, the privilege shall be denied.
justice or judge may issue an inspection order or production order

under paragraphs (b) and (c) of the preceding section.
SEC. 19. Appeal. – Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45. The appeal may raise
questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of When a criminal action and a separate civil action are filed subsequent
notice of the adverse judgment.
to a petition for a writ of amparo, the latter shall be consolidated with
the criminal action.
The appeal shall be given the same priority as in habeas corpus cases.
After consolidation, the procedure under this Rule shall continue to

SEC. 20. Archiving and Revival of Cases. – The court shall not apply to the disposition of the reliefs in the petition.
dismiss the petition, but shall archive it, if upon its determination it
cannot proceed for a valid cause such as the failure of petitioner or SEC. 24. Substantive Rights. — This Rule shall not diminish, increase
witnesses to appear due to threats on their lives.
or modify substantive rights recognized and protected by the
Constitution.
A periodic review of the archived cases shall be made by the amparo

court that shall, motu proprio or upon motion by any party, order their SEC. 25. Suppletory Application of the Rules of Court. – The Rules
revival when ready for further proceedings. The petition shall be of Court shall apply suppletorily insofar as it is not inconsistent with
dismissed with prejudice upon failure to prosecute the case after the this Rule.
lapse of two (2) years from notice to the petitioner of the order
archiving the case.
SEC. 26. Applicability to Pending Cases. – This Rule shall govern
cases involving extralegal killings and enforced disappearances or
The clerks of court shall submit to the Office of the Court Administrator threats thereof pending in the trial and appellate courts.
a consolidated list of archived cases under this Rule not later than the
first week of January of every year.
SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007,
following its publication in three (3) newspapers of general circulation.
SEC. 21. Institution of Separate Actions. — This Rule shall not

preclude the filing of separate criminal, civil or administrative actions.
 
SEC. 22. Effect of Filing of a Criminal Action. – When a criminal

action has been commenced, no separate petition for the writ shall be
filed. The reliefs under the writ shall be available by motion in the
criminal case.
The procedure under this Rule shall govern the disposition of the
reliefs available under the writ of amparo.
SEC. 23. Consolidation. – When a criminal action is filed subsequent

to the filing of a petition for the writ, the latter shall be consolidated
with the criminal action.

The petition may also be filed with the Supreme Court or the Court of
Appeals or the Sandiganbayan when the action concerns public data
  files of government offices.
AM No. 08-1-16-SC (Writ of Habeas Data)
SEC. 4. Where Returnable; Enforceable. - When the writ is issued by

  a Regional Trial Court or any judge thereof, it shall be returnable before
such court or judge.
A. M. No. 08-1-16-SC January 22, 2008

When issued by the Court of Appeals or the Sandiganbayan or any of
its justices, it may be returnable before such court or any justice
THE RULE ON THE WRIT OF HABEAS DATA
thereof, or to any Regional Trial Court of the place where the petitioner
or respondent resides, or that which has jurisdiction over the place
SECTION 1. Habeas Data. - The writ of habeas data is a remedy where the data or information is gathered, collected or stored.
available to any person whose right to privacy in life, liberty or security

is violated or threatened by an unlawful act or omission of a public
When issued by the Supreme Court or any of its justices, it may be
official or employee, or of a private individual or entity engaged in the
returnable before such Court or any justice thereof, or before the Court
gathering, collecting or storing of data or information regarding the
of Appeals or the Sandiganbayan or any of its justices, or to any
person, family, home and correspondence of the aggrieved party.
Regional Trial Court of the place where the petitioner or respondent

resides, or that which has jurisdiction over the place where the data or
SEC. 2. Who May File. - Any aggrieved party may file a petition for the information is gathered, collected or stored.
writ of habeas data. However, in cases of extralegal killings and

enforced disappearances, the petition may be filed by:
The writ of habeas data shall be enforceable anywhere in the

Philippines.
(a) Any member of the immediate family of the aggrieved party, namely:
the spouse, children and parents; or
Sec. 5. Docket Fees. - No docket and other lawful fees shall be

required from an indigent petitioner. The petition of the indigent shall
(b) Any ascendant, descendant or collateral relative of the aggrieved
be docked and acted upon immediately, without prejudice to
party within the fourth civil degree of consanguinity or affinity, in default
subsequent submission of proof of indigency not later than fifteen (15)
of those mentioned in the preceding paragraph; or
days from the filing of the petition.
SEC. 3. Where to File. - The petition may be filed with the Regional
SEC. 6. Petition. - A verified written petition for a writ of habeas
Trial Court where the petitioner or respondent resides, or that which
data should contain:
has jurisdiction over the place where the data or information is

gathered, collected or stored, at the option of the petitioner.
(a) The personal circumstances of the petitioner and the respondent;

(b) The manner the right to privacy is violated or threatened and how it justice or judge for contempt without prejudice to other disciplinary
affects the right to life, liberty or security of the aggrieved party;
actions.
(c) The actions and recourses taken by the petitioner to secure the SEC. 9. How the Writ is Served. - The writ shall be served upon the
data or information;
respondent by a judicial officer or by a person deputized by the court,
justice or judge who shall retain a copy on which to make a return of
(d) The location of the files, registers or databases, the government service. In case the writ cannot be served personally on the
office, and the person in charge, in possession or in control of the data respondent, the rules on substituted service shall apply.
or information, if known;
SEC. 10. Return; Contents. - The respondent shall file a verified

(e) The reliefs prayed for, which may include the updating, rectification, written return together with supporting affidavits within five (5) working
suppression or destruction of the database or information or files kept days from service of the writ, which period may be reasonably
by the respondent.
extended by the Court for justifiable reasons. The return shall, among
other things, contain the following:
In case of threats, the relief may include a prayer for an order

enjoining the act complained of; and
(a) The lawful defenses such as national security, state secrets,
privileged communications, confidentiality of the source of information
(f) Such other relevant reliefs as are just and equitable.
of media and others;
SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the (b) In case of respondent in charge, in possession or in control of the
court, justice or judge shall immediately order the issuance of the writ data or information subject of the petition;
if on its face it ought to issue. The clerk of court shall issue the writ
under the seal of the court and cause it to be served within three (3) (i) a disclosure of the data or information about the petitioner, the
days from the issuance; or, in case of urgent necessity, the justice or nature of such data or information, and the purpose for its collection;
judge may issue the writ under his or her own hand, and may deputize
any officer or person serve it.
(ii) the steps or actions taken by the respondent to ensure the security
and confidentiality of the data or information; and,
The writ shall also set the date and time for summary hearing of the
petition which shall not be later than ten (10) work days from the date (iii) the currency and accuracy of the data or information held; and,
of its issuance.
(c) Other allegations relevant to the resolution of the proceeding.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of

court who refuses to issue the writ after its allowance, or a deputized A general denial of the allegations in the petition shall not be allowed.
person who refuses to serve the same, shall be punished by the court,
SEC. 11. Contempt. - The court, justice or judge may punish with (k) Motion for reconsideration of interlocutory orders or interim relief
imprisonment or fine a respondent who commits contempt by making orders; and
a false return, or refusing to make a return; or any person who

otherwise disobeys or resist a lawful process or order of the court.
(l) Petition for certiorari, mandamus or prohibition against any
interlocutory order.
SEC. 12. When Defenses May be Heard in Chambers. - A hearing in

chambers may be conducted where the respondent invokes the SEC. 14. Return; Filing. - In case the respondent fails to file a return,
defense that the release of the data or information in question shall the court, justice or judge shall proceed to hear the petition ex parte,
compromise national security or state secrets, or when the data or granting the petitioner such relief as the petition may warrant unless
information cannot be divulged to the public due to its nature or the court in its discretion requires the petitioner to submit evidence.
privileged character.
SEC. 15. Summary Hearing. - The hearing on the petition shall be

Sec. 13. Prohibited Pleadings and Motions. - The following pleadings summary. However, the court, justice or judge may call for a
and motions are prohibited:
preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the parties.
(a) Motion to dismiss;
SEC. 16. Judgment. - The court shall render judgment within ten (10)
(b) Motion for extension of time to file return, opposition, affidavit, days from the time the petition is submitted for decision. If the
position paper and other pleadings;
allegations in the petition are proven by substantial evidence, the court
shall enjoin the act complained of, or order the deletion, destruction, or
(c) Dilatory motion for postponement;
rectification of the erroneous data or information and grant other
relevant reliefs as may be just and equitable; otherwise, the privilege of
(d) Motion for a bill of particulars;
the writ shall be denied.
(e) Counterclaim or cross-claim;

Upon its finality, the judgment shall be enforced by the sheriff or any
lawful officers as may be designated by the court, justice or judge
(f) Third-party complaint;
within five (5) working days.
(g) Reply;
SEC. 17. Return of Service. - The officer who executed the final
judgment shall, within three (3) days from its enforcement, make a
(h) Motion to declare respondent in default;
verified return to the court. The return shall contain a full statement of
the proceedings under the writ and a complete inventory of the
(i) Intervention;
database or information, or documents and articles inspected,
updated, rectified, or deleted, with copies served on the petitioner and
(j) Memorandum;
the respondent.

The officer shall state in the return how the judgment was enforced filed. The relief under the writ shall be available to an aggrieved party
and complied with by the respondent, as well as all objections of the by motion in the criminal case.
parties regarding the manner and regularity of the service of the writ.
The procedure under this Rule shall govern the disposition of the
SEC. 18. Hearing on Officer’s Return. - The court shall set the return reliefs available under the writ of habeas data.
for hearing with due notice to the parties and act accordingly.
SEC. 23. Substantive Rights. - This Rule shall not diminish, increase
SEC. 19. Appeal. - Any party may appeal from the final judgment or or modify substantive rights.
order to the Supreme Court under Rule 45. The appeal may raise
questions of fact or law or both.
SEC. 24. Suppletory Application of the Rules of Court. - The Rules
of Court shall apply suppletorily insofar as it is not inconsistent with
The period of appeal shall be five (5) working days from the date of this Rule.
notice of the judgment or final order.
SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008,
The appeal shall be given the same priority as in habeas following its publication in three (3) newspapers of general circulation.
corpus and amparo cases.
 
SEC. 20. Institution of Separate Actions. - The filing of a petition for
the writ of habeas data shall not preclude the filing of separate
criminal, civil or administrative actions.
 
SEC. 21. Consolidation. - When a criminal action is filed subsequent

to the filing of a petition for the writ, the latter shall be consolidated
When a criminal action and a separate civil action are filed subsequent
to a petition for a writ of habeas data, the petition shall be consolidated
After consolidation, the procedure under this Rule shall continue to

govern the disposition of the reliefs in the petition.
SEC. 22. Effect of Filing of a Criminal Action. - When a criminal

action has been commenced, no separate petition for the writ shall be
  (h) P.D. No. 1586, Establishing an Environmental Impact Statement
Writ of Kalikasan AM No.09-6-8-SC (Writ of Kalikasan)
System Including Other Environmental Management Related Measures
and for Other Purposes;
A.M. No. 09-6-8-SC
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of
Scenic Value along Public Roads, in Plazas, Parks, School Premises or
PART I
in any Other Public Ground;
RULE 1  (j) R.A. No. 4850, Laguna Lake Development Authority Act;
GENERAL PROVISIONS
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
Section 1. Title. — These Rules shall be known as "The Rules of

Procedure for Environmental Cases."
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
Section 2. Scope. — These Rules shall govern the procedure in civil, (m) R.A. No. 7586, National Integrated Protected Areas System Act
criminal and special civil actions before the Regional Trial Courts, including all laws, decrees, orders, proclamations and issuances
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal establishing protected areas;
Trial Courts and Municipal Circuit Trial Courts involving enforcement or

violations of environmental and other related laws, rules and (n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
regulations such as but not limited to the following:
(o) R.A. No. 7942, Philippine Mining Act;
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and
Molave Trees;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(b) P.D. No. 705, Revised Forestry Code;

(q) R.A. No. 8550, Philippine Fisheries Code;
(c) P.D. No. 856, Sanitation Code;

(r) R.A. No. 8749, Clean Air Act;
(d) P.D. No. 979, Marine Pollution Decree;

(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(e) P.D. No. 1067, Water Code;

(t) R.A. No. 9072, National Caves and Cave Resource Management
Act;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;

(v) R.A. No. 9175, Chainsaw Act;
(d) To enable the courts to monitor and exact compliance with orders
and judgments in environmental cases.
(w) R.A. No. 9275, Clean Water Act;
Section 4. Definition of Terms. -
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(a) By-product or derivatives means any part taken or substance

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, extracted from wildlife, in raw or in processed form including stuffed
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local animals and herbarium specimens. 1avvphi1
Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in

the Revised Forestry Code and Other Environmental Laws (Amending (b) Consent decree refers to a judicially-approved settlement between
the NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; concerned parties based on public interest and public policy to protect
R.A. No. 7900, High-Value Crops Development
and preserve the environment.
Rules of Procedure for Environmental Cases Act; R.A. No. 8048, (c) Continuing mandamus is a writ issued by a court in an
Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries environmental case directing any agency or instrumentality of the
Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic government or officer thereof to perform an act or series of acts
Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. decreed by final judgment which shall remain effective until judgment
No. 9637, Philippine Biofuels Act; and other existing laws that relate to is fully satisfied.
the conservation, development, preservation, protection and utilization

of the environment and natural resources.
(d) Environmental protection order (EPO) refers to an order issued by
the court directing or enjoining any person or government agency to
Section 3. Objectives. - The objectives of these Rules are:
perform or desist from performing an act in order to protect, preserve
or rehabilitate the environment.
(a) To protect and advance the constitutional right of the people to a

balanced and healthful ecology;
(e) Mineral refers to all naturally occurring inorganic substance in solid,
gas, liquid, or any intermediate state excluding energy materials such
(b) To provide a simplified, speedy and inexpensive procedure for the as coal, petroleum, natural gas, radioactive materials and geothermal
enforcement of environmental rights and duties recognized under the energy.
Constitution, existing laws, rules and regulations, and international

agreements;
(f) Precautionary principle states that when human activities may lead
to threats of serious and irreversible damage to the environment that is
(c) To introduce and adopt innovations and best practices ensuring the scientifically plausible but uncertain, actions shall be taken to avoid or
effective enforcement of remedies and redress for violation of diminish that threat.
environmental laws; and

(g) Strategic lawsuit against public participation (SLAPP) refers to an (c) Motion for extension of time to file pleadings, except to file answer,
action whether civil, criminal or administrative, brought against any the extension not to exceed fifteen (15) days;
person, institution or any government agency or local government unit

or its officials and employees, with the intent to harass, vex, exert (d) Motion to declare the defendant in default;
undue pressure or stifle any legal recourse that such person, institution
or government agency has taken or may take in the enforcement of (e) Reply and rejoinder; and
environmental laws, protection of the environment or assertion of

environmental rights.
(f) Third party complaint.
(h) Wildlife means wild forms and varieties of flora and fauna, in all Section 3. Verified complaint. — The verified complaint shall contain
developmental stages including those which are in captivity or are the names of the parties, their addresses, the cause of action and the
being bred or propagated.
reliefs prayed for.
PART II  The plaintiff shall attach to the verified complaint all evidence proving
CIVIL PROCEDURE
or supporting the cause of action consisting of the affidavits of
witnesses, documentary evidence and if possible, object evidence.
RULE 2  The affidavits shall be in question and answer form and shall comply
PLEADINGS AND PARTIES
with the rules of admissibility of evidence.
Section 1. Pleadings and motions allowed. — The pleadings and The complaint shall state that it is an environmental case and the law
motions that may be filed are complaint, answer which may include involved. The complaint shall also include a certification against forum
compulsory counterclaim and cross-claim, motion for intervention, shopping. If the complaint is not an environmental complaint, the
motion for discovery and motion for reconsideration of the judgment.
presiding judge shall refer it to the executive judge for re-raffle.
Motion for postponement, motion for new trial and petition for relief Section 4. Who may file. — Any real party in interest, including the
from judgment shall be allowed in highly meritorious cases or to government and juridical entities authorized by law, may file a civil
prevent a manifest miscarriage of justice.
action involving the enforcement or violation of any environmental law.
Section 2. Prohibited pleadings or motions. — The following pleadings Section 5. Citizen suit. — Any Filipino citizen in representation of
or motions shall not be allowed:
others, including minors or generations yet unborn, may file an action
to enforce rights or obligations under environmental laws. Upon the
(a) Motion to dismiss the complaint;
filing of a citizen suit, the court shall issue an order which shall contain
a brief description of the cause of action and the reliefs prayed for,
(b) Motion for a bill of particulars;
requiring all interested parties to manifest their interest to intervene in
the case within fifteen (15) days from notice thereof. The plaintiff may
publish the order once in a newspaper of a general circulation in the The applicant shall be exempted from the posting of a bond for the
Philippines or furnish all affected barangays copies of said order.
issuance of a TEPO.
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be Section 9. Action on motion for dissolution of TEPO. - The grounds for
governed by their respective provisions.
motion to dissolve a TEPO shall be supported by affidavits of the party
or person enjoined which the applicant may oppose, also by affidavits.
Section 6. Service of the complaint on the government or its

agencies. - Upon the filing of the complaint, the plaintiff is required to The TEPO may be dissolved if it appears after hearing that its issuance
furnish the government or the appropriate agency, although not a or continuance would cause irreparable damage to the party or person
party, a copy of the complaint. Proof of service upon the government enjoined while the applicant may be fully compensated for such
or the appropriate agency shall be attached to the complaint.
damages as he may suffer and subject to the posting of a sufficient
bond by the party or person enjoined.
Section 7. Assignment by raffle. - If there is only one (1) designated

branch in a multiple-sala court, the executive judge shall immediately Section 10. Prohibition against temporary restraining order (TRO) and
refer the case to said branch. If there are two (2) or more designated preliminary injunction. - Except the Supreme Court, no court can issue
branches, the executive judge shall conduct a special raffle on the day a TRO or writ of preliminary injunction against lawful actions of
the complaint is filed.
government agencies that enforce environmental laws or prevent
violations thereof.
Section 8. Issuance of Temporary Environmental Protection Order

(TEPO). - If it appears from the verified complaint with a prayer for the Section 11. Report on TEPO, EPO, TRO or preliminary injunction. -
issuance of an Environmental Protection Order (EPO) that the matter is The judge shall report any action taken on a TEPO, EPO, TRO or a
of extreme urgency and the applicant will suffer grave injustice and preliminary injunction, including its modification and dissolution, to the
irreparable injury, the executive judge of the multiple-sala court before Supreme Court, through the Office of the Court Administrator, within
raffle or the presiding judge of a single-sala court as the case may be, ten (10) days from the action taken.
may issue ex parte a TEPO effective for only seventy-two (72) hours
from date of the receipt of the TEPO by the party or person enjoined. Section 12. Payment of filing and other legal fees. - The payment of
Within said period, the court where the case is assigned, shall conduct filing and other legal fees by the plaintiff shall be deferred until after
a summary hearing to determine whether the TEPO may be extended judgment unless the plaintiff is allowed to litigate as an indigent. It shall
until the termination of the case.
constitute a first lien on the judgment award.
The court where the case is assigned, shall periodically monitor the For a citizen suit, the court shall defer the payment of filing and other
existence of acts that are the subject matter of the TEPO even if issued legal fees that shall serve as first lien on the judgment award.
by the executive judge, and may lift the same at any time as
circumstances may warrant.
Section 13. Service of summons, orders and other court processes. -
The summons, orders and other court processes may be served by the
sheriff, his deputy or other proper court officer or for justifiable Section 15. Effect of failure to answer. - Should the defendant fail to
reasons, by the counsel or representative of the plaintiff or any suitable answer the complaint within the period provided, the court shall
person authorized or deputized by the court issuing the summons.
declare defendant in default and upon motion of the plaintiff, shall
receive evidence ex parte and render judgment based thereon and the
Any private person who is authorized or deputized by the court to reliefs prayed for.
serve summons, orders and other court processes shall for that
purpose be considered an officer of the court.
RULE 3 
PRE-TRIAL
The summons shall be served on the defendant, together with a copy

of an order informing all parties that they have fifteen (15) days from Section 1. Notice of pre-trial. - Within two (2) days from the filing of the
the filing of an answer, within which to avail of interrogatories to parties answer to the counterclaim or cross-claim, if any, the branch clerk of
under Rule 25 of the Rules of Court and request for admission by court shall issue a notice of the pre-trial to be held not later than one
adverse party under Rule 26, or at their discretion, make use of (1) month from the filing of the last pleading.
depositions under Rule 23 or other measures under Rules 27 and 28.
The court shall schedule the pre-trial and set as many pre-trial
Should personal and substituted service fail, summons by publication conferences as may be necessary within a period of two (2) months
shall be allowed. In the case of juridical entities, summons by counted from the date of the first pre-trial conference.
publication shall be done by indicating the names of the officers or

their duly authorized representatives.
Section 2. Pre-trial brief. - At least three (3) days before the pretrial,
the parties shall submit pre-trial briefs containing the following:
Section 14. Verified answer. - Within fifteen (15) days from receipt of
summons, the defendant shall file a verified answer to the complaint (a) A statement of their willingness to enter into an amicable settlement
and serve a copy thereof on the plaintiff. The defendant shall attach indicating the desired terms thereof or to submit the case to any of the
affidavits of witnesses, reports, studies of experts and all evidence in alternative modes of dispute resolution;
support of the defense.
(b) A summary of admitted facts and proposed stipulation of facts;
Affirmative and special defenses not pleaded shall be deemed waived,

except lack of jurisdiction.
(c) The legal and factual issues to be tried or resolved. For each factual
issue, the parties shall state all evidence to support their positions
Cross-claims and compulsory counterclaims not asserted shall be thereon. For each legal issue, parties shall state the applicable law and
considered barred. The answer to counterclaims or cross-claims shall jurisprudence supporting their respective positions thereon;
be filed and served within ten (10) days from service of the answer in
which they are pleaded.
(d) The documents or exhibits to be presented, including depositions,
answers to interrogatories and answers to written request for
admission by adverse party, stating the purpose thereof;

(e) A manifestation of their having availed of discovery procedures or (a) To assist the parties in reaching a settlement;
their intention to avail themselves of referral to a commissioner or

panel of experts;
(b) To mark the documents or exhibits to be presented by the parties
and copies thereof to be attached to the records after comparison with
(f) The number and names of the witnesses and the substance of their the originals;
affidavits;
(c) To ascertain from the parties the undisputed facts and admissions
(g) Clarificatory questions from the parties; and
on the genuineness and due execution of the documents marked as
exhibits;
(h) List of cases arising out of the same facts pending before other
courts or administrative agencies. Failure to comply with the required (d) To require the parties to submit the depositions taken under Rule 23
contents of a pre-trial brief may be a ground for contempt.
of the Rules of Court, the answers to written interrogatories under Rule
25, and the answers to request for admissions by the adverse party
Failure to file the pre-trial brief shall have the same effect as failure to under Rule 26;
appear at the pre-trial.
(e) To require the production of documents or things requested by a

Section 3. Referral to mediation. - At the start of the pre-trial party under Rule 27 and the results of the physical and mental
conference, the court shall inquire from the parties if they have settled examination of persons under Rule 28;
the dispute; otherwise, the court shall immediately refer the parties or
their counsel, if authorized by their clients, to the Philippine Mediation (f) To consider such other matters as may aid in its prompt disposition;
Center (PMC) unit for purposes of mediation. If not available, the court
shall refer the case to the clerk of court or legal researcher for (g) To record the proceedings in the "Minutes of Preliminary
mediation.
Conference" to be signed by both parties or their counsels;
Mediation must be conducted within a non-extendible period of thirty (h) To mark the affidavits of witnesses which shall be in question and
(30) days from receipt of notice of referral to mediation.
answer form and shall constitute the direct examination of the
witnesses; and
The mediation report must be submitted within ten (10) days from the
expiration of the 30-day period.
(i) To attach the minutes together with the marked exhibits before the
pre-trial proper.
Section 4. Preliminary conference. - If mediation fails, the court will

schedule the continuance of the pre-trial. Before the scheduled date of The parties or their counsel must submit to the branch clerk of court
continuance, the court may refer the case to the branch clerk of court the names, addresses and contact numbers of the affiants.
for a preliminary conference for the following purposes:

During the preliminary conference, the branch clerk of court shall also (d) Determine if interlocutory issues are involved and resolve the same;
require the parties to submit the depositions taken under Rule 23 of

the Rules of Court, the answers to written interrogatories under Rule (e) Consider the adding or dropping of parties;
25 and the answers to request for admissions by the adverse party

under Rule 26. The branch clerk of court may also require the (f) Scrutinize every single allegation of the complaint, answer and other
production of documents or things requested by a party under Rule 27 pleadings and attachments thereto, and the contents of documents
and the results of the physical and mental examination of persons and all other evidence identified and pre-marked during pre-trial in
under Rule 28.
determining further admissions;
Section 5. Pre-trial conference; consent decree. - The judge shall put (g) Obtain admissions based on the affidavits of witnesses and
the parties and their counsels under oath, and they shall remain under evidence attached to the pleadings or submitted during pre-trial;
oath in all pre-trial conferences.
(h) Define and simplify the factual and legal issues arising from the
The judge shall exert best efforts to persuade the parties to arrive at a pleadings and evidence. Uncontroverted issues and frivolous claims or
settlement of the dispute. The judge may issue a consent decree defenses should be eliminated;
approving the agreement between the parties in accordance with law,

morals, public order and public policy to protect the right of the people (i) Discuss the propriety of rendering a summary judgment or a
to a balanced and healthful ecology.
judgment based on the pleadings, evidence and admissions made
during pre-trial;
Evidence not presented during the pre-trial, except newly-discovered

evidence, shall be deemed waived.
(j) Observe the Most Important Witness Rule in limiting the number of
witnesses, determining the facts to be proved by each witness and
Section 6. Failure to settle. - If there is no full settlement, the judge fixing the approximate number of hours per witness;
shall:
(k) Encourage referral of the case to a trial by commissioner under Rule

(a) Adopt the minutes of the preliminary conference as part of the pre- 32 of the Rules of Court or to a mediator or arbitrator under any of the
trial proceedings and confirm the markings of exhibits or substituted alternative modes of dispute resolution governed by the Special Rules
photocopies and admissions on the genuineness and due execution of of Court on Alternative Dispute Resolution;
documents;
(l) Determine the necessity of engaging the services of a qualified

(b) Determine if there are cases arising out of the same facts pending expert as a friend of the court (amicus curiae); and
before other courts and order its consolidation if warranted;
(m) Ask parties to agree on the specific trial dates for continuous trial,
(c) Determine if the pleadings are in order and if not, order the comply with the one-day examination of witness rule, adhere to the
amendments if necessary;
case flow chart determined by the court which shall contain the
different stages of the proceedings up to the promulgation of the Before the expiration of the two-month period, the judge may ask the
decision and use the time frame for each stage in setting the trial Supreme Court for the extension of the trial period for justifiable cause.
dates.
Section 2. Affidavits in lieu of direct examination. - In lieu of direct

Section 7. Effect of failure to appear at pre-trial. - The court shall not examination, affidavits marked during the pre-trial shall be presented
dismiss the complaint, except upon repeated and unjustified failure of as direct examination of affiants subject to cross-
the plaintiff to appear. The dismissal shall be without prejudice, and the
court may proceed with the counterclaim.
examination by the adverse party.
If the defendant fails to appear at the pre-trial, the court shall receive Section 3. One-day examination of witness rule. - The court shall
evidence ex parte.
strictly adhere to the rule that a witness has to be fully examined in one
(1) day, subject to the court’s discretion of extending the examination
Section 8. Minutes of pre-trial. - The minutes of each pre-trial for justifiable reason. After the presentation of the last witness, only
conference shall contain matters taken up therein, more particularly oral offer of evidence shall be allowed, and the opposing party shall
admissions of facts and exhibits, and shall be signed by the parties immediately interpose his objections. The judge shall forthwith rule on
and their counsel.
the offer of evidence in open court.
Section 9. Pre-trial order. - Within ten (10) days after the termination of Section 4. Submission of case for decision; filing of memoranda. -
the pre-trial, the court shall issue a pre-trial order setting forth the After the last party has rested its case, the court shall issue an order
actions taken during the pre-trial conference, the facts stipulated, the submitting the case for decision.
admissions made, the evidence marked, the number of witnesses to

be presented and the schedule of trial. Said order shall bind the The court may require the parties to submit their respective
parties, limit the trial to matters not disposed of and control the course memoranda, if possible in electronic form, within a non-extendible
of action during the trial.
period of thirty (30) days from the date the case is submitted for
decision.
Section 10. Efforts to settle. - The court shall endeavor to make the
parties agree to compromise or settle in accordance with law at any The court shall have a period of sixty (60) days to decide the case from
stage of the proceedings before rendition of judgment.
the date the case is submitted for decision.
RULE 4  Section 5. Period to try and decide. - The court shall have a period of
TRIAL
one (1) year from the filing of the complaint to try and decide the case.
Before the expiration of the one-year period, the court may petition the
Section 1. Continuous trial. - The judge shall conduct continuous trial Supreme Court for the extension of the period for justifiable cause.
which shall not exceed two (2) months from the date of the issuance of
the pre-trial order.
The court shall prioritize the adjudication of environmental cases.

RULE 5  Section 5. Return of writ of execution. - The process of execution shall
JUDGMENT AND EXECUTION
terminate upon a sufficient showing that the decision or order has
been implemented to the satisfaction of the court in accordance with
Section 1. Reliefs in a citizen suit. - If warranted, the court may grant Section 14, Rule 39 of the Rules of Court.
to the plaintiff proper reliefs which shall include the protection,

preservation or rehabilitation of the environment and the payment of RULE 6 
attorney’s fees, costs of suit and other litigation expenses. It may also STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
require the violator to submit a program of rehabilitation or restoration

of the environment, the costs of which shall be borne by the violator, or Section 1. Strategic lawsuit against public participation (SLAPP). - A
to contribute to a special trust fund for that purpose subject to the legal action filed to harass, vex, exert undue pressure or stifle any legal
control of the court.
recourse that any person, institution or the government has taken or
may take in the enforcement of environmental laws, protection of the
Section 2. Judgment not stayed by appeal. - Any judgment directing environment or assertion of environmental rights shall be treated as a
the performance of acts for the protection, preservation or SLAPP and shall be governed by these Rules.
rehabilitation of the environment shall be executory pending appeal

unless restrained by the appellate court.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed
against a person involved in the enforcement of environmental laws,
Section 3. Permanent EPO; writ of continuing mandamus. - In the protection of the environment, or assertion of environmental rights, the
judgment, the court may convert the TEPO to a permanent EPO or defendant may file an answer interposing as a defense that the case is
issue a writ of continuing mandamus directing the performance of acts a SLAPP and shall be supported by documents, affidavits, papers and
which shall be effective until the judgment is fully satisfied.
other evidence; and, by way of counterclaim, pray for damages,
attorney’s fees and costs of suit.
The court may, by itself or through the appropriate government agency,

monitor the execution of the judgment and require the party concerned The court shall direct the plaintiff or adverse party to file an opposition
to submit written reports on a quarterly basis or sooner as may be showing the suit is not a SLAPP, attaching evidence in support thereof,
necessary, detailing the progress of the execution and satisfaction of within a non-extendible period of five (5) days from receipt of notice
the judgment. The other party may, at its option, submit its comments that an answer has been filed.
or observations on the execution of the judgment.
The defense of a SLAPP shall be set for hearing by the court after
Section 4. Monitoring of compliance with judgment and orders of the issuance of the order to file an opposition within fifteen (15) days from
court by a commissioner. - The court may motu proprio, or upon filing of the comment or the lapse of the period.
motion of the prevailing party, order that the enforcement of the

judgment or order be referred to a commissioner to be appointed by Section 3. Summary hearing. - The hearing on the defense of a SLAPP
the court. The commissioner shall file with the court written progress shall be summary in nature. The parties must submit all available
reports on a quarterly basis or more frequently when necessary.
evidence in support of their respective positions. The party seeking the
dismissal of the case must prove by substantial evidence that his act Section 2. Contents of the petition. - The verified petition shall contain
for the enforcement of environmental law is a legitimate action for the the following:
protection, preservation and rehabilitation of the environment. The

party filing the action assailed as a SLAPP shall prove by (a) The personal circumstances of the petitioner;
preponderance of evidence that the action is not a SLAPP and is a

valid claim.
(b) The name and personal circumstances of the respondent or if the
name and personal circumstances are unknown and uncertain, the
Section 4. Resolution of the defense of a SLAPP. - The affirmative respondent may be described by an assumed appellation;
defense of a SLAPP shall be resolved within thirty (30) days after the
summary hearing. If the court dismisses the action, the court may (c) The environmental law, rule or regulation violated or threatened to
award damages, attorney’s fees and costs of suit under a counterclaim be violated, the act or omission complained of, and the environmental
if such has been filed. The dismissal shall be with prejudice.
damage of such magnitude as to prejudice the life, health or property
of inhabitants in two or more cities or provinces.
If the court rejects the defense of a SLAPP, the evidence adduced

during the summary hearing shall be treated as evidence of the parties (d) All relevant and material evidence consisting of the affidavits of
on the merits of the case. The action shall proceed in accordance with witnesses, documentary evidence, scientific or other expert studies,
the Rules of Court.
and if possible, object evidence;
PART III  (e) The certification of petitioner under oath that: (1) petitioner has not
SPECIAL CIVIL ACTIONS
commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency, and no such other action
RULE 7  or claim is pending therein; (2) if there is such other pending action or
WRIT OF KALIKASAN
claim, a complete statement of its present status; (3) if petitioner
should learn that the same or similar action or claim has been filed or
Section 1. Nature of the writ. - The writ is a remedy available to a is pending, petitioner shall report to the court that fact within five (5)
natural or juridical person, entity authorized by law, people’s days therefrom; and
organization, non-governmental organization, or any public interest

group accredited by or registered with any government agency, on (f) The reliefs prayed for which may include a prayer for the issuance of
behalf of persons whose constitutional right to a balanced and a TEPO.
healthful ecology is violated, or threatened with violation by an

unlawful act or omission of a public official or employee, or private Section 3. Where to file. - The petition shall be filed with the Supreme
individual or entity, involving environmental damage of such magnitude Court or with any of the stations of the Court of Appeals.
as to prejudice the life, health or property of inhabitants in two or more

cities or provinces.
Section 4. No docket fees. - The petitioner shall be exempt from the
payment of docket

fees.
A general denial of allegations in the petition shall be considered as an
admission thereof.
Section 5. Issuance of the writ. - Within three (3) days from the date of
filing of the petition, if the petition is sufficient in form and substance, Section 9. Prohibited pleadings and motions. - The following pleadings
the court shall give an order: (a) issuing the writ; and (b) requiring the and motions are prohibited:
respondent to file a verified return as provided in Section 8 of this Rule.

The clerk of court shall forthwith issue the writ under the seal of the (a) Motion to dismiss;
court including the issuance of a cease and desist order and other
temporary reliefs effective until further order.
(b) Motion for extension of time to file return;
Section 6. How the writ is served. - The writ shall be served upon the (c) Motion for postponement;
respondent by a court officer or any person deputized by the court,

who shall retain a copy on which to make a return of service. In case (d) Motion for a bill of particulars;
the writ cannot be served personally, the rule on substituted service

shall apply.
(e) Counterclaim or cross-claim;
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of (f) Third-party complaint;
court who unduly delays or refuses to issue the writ after its allowance
or a court officer or deputized person who unduly delays or refuses to (g) Reply; and
serve the same shall be punished by the court for contempt without
prejudice to other civil, criminal or administrative actions.
(h) Motion to declare respondent in default.
Section 8. Return of respondent; contents. - Within a non-extendible Section 10. Effect of failure to file return. - In case the respondent fails
period of ten (10) days after service of the writ, the respondent shall file to file a return, the court shall proceed to hear the petition ex parte.
a verified return which shall contain all defenses to show that

respondent did not violate or threaten to violate, or allow the violation Section 11. Hearing. - Upon receipt of the return of the respondent,
of any environmental law, rule or regulation or commit any act resulting the court may call a preliminary conference to simplify the issues,
to environmental damage of such magnitude as to prejudice the life, determine the possibility of obtaining stipulations or admissions from
health or property of inhabitants in two or more cities or provinces.
the parties, and set the petition for hearing.
All defenses not raised in the return shall be deemed waived.

The hearing including the preliminary conference shall not extend
beyond sixty (60) days and shall be given the same priority as petitions
The return shall include affidavits of witnesses, documentary evidence, for the writs of habeas corpus, amparo and habeas data.
scientific or other expert studies, and if possible, object evidence, in

support of the defense of the respondent.

Section 12. Discovery Measures. - A party may file a verified motion The production order shall specify the person or persons authorized to
for the following reliefs:
make the production and the date, time, place and manner of making
the inspection or production and may prescribe other conditions to
(a) Ocular Inspection; order — The motion must show that an ocular protect the constitutional rights of all parties.
inspection order is necessary to establish the magnitude of the

violation or the threat as to prejudice the life, health or property of Section 13. Contempt. - The court may after hearing punish the
inhabitants in two or more cities or provinces. It shall state in detail the respondent who refuses or unduly delays the filing of a return, or who
place or places to be inspected. It shall be supported by affidavits of makes a false return, or any person who disobeys or resists a lawful
witnesses having personal knowledge of the violation or threatened process or order of the court for indirect contempt under Rule 71 of
violation of environmental law.
the Rules of Court.
After hearing, the court may order any person in possession or control Section 14. Submission of case for decision; filing of memoranda. -
of a designated land or other property to permit entry for the purpose After hearing, the court shall issue an order submitting the case for
of inspecting or
decision. The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible period of thirty
photographing the property or any relevant object or operation (30) days from the date the petition is submitted for decision.
thereon.
Section 15. Judgment. - Within sixty (60) days from the time the
The order shall specify the person or persons authorized to make the petition is submitted for decision, the court shall render judgment
inspection and the date, time, place and manner of making the granting or denying the privilege of the writ of kalikasan.
inspection and may prescribe other conditions to protect the

constitutional rights of all parties.
The reliefs that may be granted under the writ are the following:
(b) Production or inspection of documents or things; order – The (a) Directing respondent to permanently cease and desist from
motion must show that a production order is necessary to establish the committing acts or neglecting the performance of a duty in violation of
magnitude of the violation or the threat as to prejudice the life, health environmental laws resulting in environmental destruction or damage;
or property of inhabitants in two or more cities or provinces.
(b) Directing the respondent public official, government agency, private

After hearing, the court may order any person in possession, custody person or entity to protect, preserve, rehabilitate or restore the
or control of any designated documents, papers, books, accounts, environment;
letters, photographs, objects or tangible things, or objects in digitized

or electronic form, which constitute or contain evidence relevant to the (c) Directing the respondent public official, government agency, private
petition or the return, to produce and permit their inspection, copying person or entity to monitor strict compliance with the decision and
or photographing by or on behalf of the movant.
orders of the court;

(d) Directing the respondent public official, government agency, or sustained by the petitioner by reason of the malicious neglect to
private person or entity to make periodic reports on the execution of perform the duties of the respondent, under the law, rules or
the final judgment; and
regulations. The petition shall also contain a sworn certification of non-
forum shopping.
(e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation, Section 2. Where to file the petition. - The petition shall be filed with
rehabilitation or restoration of the
the Regional Trial Court exercising jurisdiction over the territory where
the actionable neglect or omission occurred or with the Court of
environment, except the award of damages to individual petitioners.
Appeals or the Supreme Court.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of Section 3. No docket fees. - The petitioner shall be exempt from the
the adverse judgment or denial of motion for reconsideration, any party payment of docket fees.
may appeal to the Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise questions of fact.
Section 4. Order to comment. - If the petition is sufficient in form and
substance, the court shall issue the writ and require the respondent to
Section 17. Institution of separate actions. - The filing of a petition for comment on the petition within ten (10) days from receipt of a copy
the issuance of the writ of kalikasan shall not preclude the filing of thereof. Such order shall be served on the respondents in such manner
separate civil, criminal or administrative actions.
as the court may direct, together with a copy of the petition and any
annexes thereto.
RULE 8 
WRIT OF CONTINUING MANDAMUS
Section 5. Expediting proceedings; TEPO. - The court in which the
petition is filed may issue such orders to expedite the proceedings,
Section 1. Petition for continuing mandamus. - When any agency or and it may also grant a TEPO for the preservation of the rights of the
instrumentality of the government or officer thereof unlawfully neglects parties pending such proceedings.
the performance of an act which the law specifically enjoins as a duty

resulting from an office, trust or station in connection with the Section 6. Proceedings after comment is filed. - After the comment is
enforcement or violation of an environmental law rule or regulation or a filed or the time for the filing thereof has expired, the court may hear
right therein, or unlawfully excludes another from the use or enjoyment the case which shall be summary in nature or require the parties to
of such right and there is no other plain, speedy and adequate remedy submit memoranda. The petition shall be resolved without delay within
in the ordinary course of law, the person aggrieved thereby may file a sixty (60) days from the date of the submission of the petition for
verified petition in the proper court, alleging the facts with certainty, resolution.
attaching thereto supporting evidence, specifying that the petition

concerns an environmental law, rule or regulation, and praying that Section 7. Judgment. - If warranted, the court shall grant the privilege
judgment be rendered commanding the respondent to do an act or of the writ of continuing mandamus requiring respondent to perform an
series of acts until the judgment is fully satisfied, and to pay damages act or series of acts until the judgment is fully satisfied and to grant
such other reliefs as may be warranted resulting from the wrongful or prosecutor, with the consent of and subject to the control and
illegal acts of the respondent. The court shall require the respondent to supervision of the public prosecutor.
submit periodic reports detailing the progress and execution of the

judgment, and the court may, by itself or through a commissioner or RULE 10 
the appropriate government agency, evaluate and monitor compliance. PROSECUTION OF CIVIL ACTIONS
The petitioner may submit its comments or observations on the

execution of the judgment.
Section 1. Institution of criminal and civil actions. - When a criminal
action is instituted, the civil action for the recovery of civil liability
Section 8. Return of the writ. - The periodic reports submitted by the arising from the offense charged, shall be deemed instituted with the
respondent detailing compliance with the judgment shall be contained criminal action unless the complainant waives the civil action, reserves
in partial returns of the writ.
the right to institute it separately or institutes the civil action prior to the
criminal action.
Upon full satisfaction of the judgment, a final return of the writ shall be
made to the court by the respondent. If the court finds that the Unless the civil action has been instituted prior to the criminal action,
judgment has been fully implemented, the satisfaction of judgment the reservation of the right to institute separately the civil action shall
shall be entered in the court docket.
be made during arraignment.
PART IV  In case civil liability is imposed or damages are awarded, the filing and
CRIMINAL PROCEDURE
other legal fees shall be imposed on said award in accordance with
Rule 141 of the Rules of Court, and the fees shall constitute a first lien
RULE 9  on the judgment award. The damages awarded in cases where there is
PROSECUTION OF OFFENSES
no private offended party, less the filing fees, shall accrue to the funds
of the agency charged with the implementation of the environmental
Section 1. Who may file. - Any offended party, peace officer or any law violated. The award shall be used for the restoration and
public officer charged with the enforcement of an environmental law rehabilitation of the environment adversely affected.
may file a complaint before the proper officer in accordance with the
Rules of Court.
RULE 11 
ARREST
Section 2. Filing of the information. - An information, charging a

person with a violation of an environmental law and subscribed by the Section 1. Arrest without warrant; when lawful. - A peace officer or an
prosecutor, shall be filed with the court.
individual deputized by the proper government agency may, without a
warrant, arrest a person:
Section 3. Special prosecutor. - In criminal cases, where there is no

private offended party, a counsel whose services are offered by any (a) When, in his presence, the person to be arrested has committed, is
person or organization may be allowed by the court as special actually committing or is attempting to commit an offense; or

(b) When an offense has just been committed, and he has probable representative samples and other pertinent documents to the public
cause to believe based on personal knowledge of facts or prosecutor for appropriate action.
circumstances that the person to be arrested has committed it.

Individuals deputized by the proper government agency who are (c) Upon motion by any interested party, the court may direct the
enforcing environmental laws shall enjoy the presumption of regularity auction sale of seized items, equipment, paraphernalia, tools or
under Section 3(m), Rule 131 of the Rules of Court when effecting instruments of the crime. The court shall, after hearing, fix the
arrests for violations of environmental laws.
minimum bid price based on the recommendation of the concerned
government agency. The sheriff shall conduct the auction.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court

shall be accompanied by a certified true copy of the information filed (d) The auction sale shall be with notice to the accused, the person
with the issuing court.
from whom the items were seized, or the owner thereof and the
concerned government agency.
RULE 12 
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,   (e) The notice of auction shall be posted in three conspicuous places in
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
the city or municipality where the items, equipment, paraphernalia,
tools or instruments of the crime were seized.
Section 1. Custody and disposition of seized items. - The custody and

disposition of seized items shall be in accordance with the applicable (f) The proceeds shall be held in trust and deposited with the
laws or rules promulgated by the concerned government agency.
government depository bank for disposition according to the
judgment.
Section 2. Procedure. - In the absence of applicable laws or rules

promulgated by the concerned government agency, the following RULE 13 
procedure shall be observed:
PROVISIONAL REMEDIES
(a) The apprehending officer having initial custody and control of the Section 1. Attachment in environmental cases. - The provisional
seized items, equipment, paraphernalia, conveyances and instruments remedy of attachment under Rule 127 of the Rules of Court may be
shall physically inventory and whenever practicable, photograph the availed of in environmental cases.
same in the presence of the person from whom such items were
seized.
Section 2. Environmental Protection Order (EPO); Temporary
Environmental Protection Order (TEPO) in criminal cases. - The
(b) Thereafter, the apprehending officer shall submit to the issuing procedure for and issuance of EPO and TEPO shall be governed by
court the return of the search warrant within five (5) days from date of Rule 2 of these Rules.
seizure or in case of warrantless arrest, submit within five (5) days from
date of seizure, the inventory report, compliance report, photographs, RULE 14 
BAIL

Section 1. Bail, where filed. - Bail in the amount fixed may be filed with over the accused, with notice to the public prosecutor and offended
the court where the case is pending, or in the absence or unavailability party or concerned government agency that it will entertain plea-
of the judge thereof, with any regional trial judge, metropolitan trial bargaining on the date of the arraignment.
judge, municipal trial judge or municipal circuit trial judge in the

province, city or municipality. If the accused is arrested in a province, Section 2. Plea-bargaining. - On the scheduled date of arraignment,
city or municipality other than where the case is pending, bail may also the court shall consider plea-bargaining arrangements. Where the
be filed with any Regional Trial Court of said place, or if no judge prosecution and offended party or concerned government agency
thereof is available, with any metropolitan trial judge, municipal trial agree to the plea offered by the accused, the court shall:
judge or municipal circuit trial judge therein. If the court grants bail, the
court may issue a hold-departure order in appropriate cases.
(a) Issue an order which contains the plea-bargaining arrived at;
Section 2. Duties of the court. - Before granting the application for (b) Proceed to receive evidence on the civil aspect of the case, if any;
bail, the judge must read the information in a language known to and and
understood by the accused and require the accused to sign a written

undertaking, as follows:
(c) Render and promulgate judgment of conviction, including the civil
liability for damages.
(a) To appear before the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused fails RULE 16 
to appear without justification on the date of arraignment, accused PRE-TRIAL
waives the reading of the information and authorizes the court to enter
a plea of not guilty on behalf of the accused and to set the case for Section 1. Setting of pre-trial conference. - After the arraignment, the
trial;
court shall set the pre-trial conference within thirty (30) days. It may
refer the case to the branch clerk of court, if warranted, for a
(b) To appear whenever required by the court where the case is preliminary conference to be set at least three (3) days prior to the pre-
pending; and
trial.
(c) To waive the right of the accused to be present at the trial, and Section 2. Preliminary conference. - The preliminary conference shall
upon failure of the accused to appear without justification and despite be for the following purposes:
due notice, the trial may proceed in absentia.
(a) To assist the parties in reaching a settlement of the civil aspect of

RULE 15  the case;
ARRAIGNMENT AND PLEA
(b) To mark the documents to be presented as exhibits;
Section 1. Arraignment. - The court shall set the arraignment of the
accused within fifteen (15) days from the time it acquires jurisdiction
(c) To attach copies thereof to the records after comparison with the investigation together with other documents identified and marked as
originals;
exhibits to determine further admissions of facts as to:
(d) To ascertain from the parties the undisputed facts and admissions i. The court’s territorial jurisdiction relative to the offense(s) charged;
on the genuineness and due execution of documents marked as

exhibits;
ii. Qualification of expert witnesses; and
(e) To consider such other matters as may aid in the prompt disposition iii. Amount of damages;
of the case;
(d) Define factual and legal issues;
(f) To record the proceedings during the preliminary conference in the

Minutes of Preliminary Conference to be signed by the parties and (e) Ask parties to agree on the specific trial dates and adhere to the
counsel;
flow chart determined by the court which shall contain the time frames
for the different stages of the proceeding up to promulgation of
(g) To mark the affidavits of witnesses which shall be in question and decision;
answer form and shall constitute the direct examination of the

witnesses; and
(f) Require the parties to submit to the branch clerk of court the names,
addresses and contact numbers of witnesses that need to be
(h) To attach the Minutes and marked exhibits to the case record summoned by subpoena; and
before the pre-trial proper. The parties or their counsel must submit to
the branch clerk of court the names, addresses and contact numbers (g) Consider modification of order of trial if the accused admits the
of the affiants.
charge but interposes a lawful defense.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court Section 4. Manner of questioning. - All questions or statements must
shall:
be directed to the court.
(a) Place the parties and their counsels under oath;

Section 5. Agreements or admissions. - All agreements or admissions
made or entered during the pre-trial conference shall be reduced in
(b) Adopt the minutes of the preliminary conference as part of the pre- writing and signed by the accused and counsel; otherwise, they
trial proceedings, confirm markings of exhibits or substituted cannot be used against the accused. The agreements covering the
photocopies and admissions on the genuineness and due execution of matters referred to in Section 1, Rule 118 of the Rules of Court shall be
documents, and list object and testimonial evidence;
approved by the court.
(c) Scrutinize the information and the statements in the affidavits and
other documents which form part of the record of the preliminary
Section 6. Record of proceedings. - All proceedings during the pre- Section 5. Pro bono lawyers. - If the accused cannot afford the
trial shall be recorded, the transcripts prepared and the minutes signed services of counsel or there is no available public attorney, the court
by the parties or their counsels.
shall require the Integrated Bar of the Philippines to provide pro bono
lawyers for the accused.
Section 7. Pre-trial order. - The court shall issue a pre-trial order within
ten (10) days after the termination of the pre-trial, setting forth the RULE 18 
actions taken during the pre-trial conference, the facts stipulated, the SUBSIDIARY LIABILITY
admissions made, evidence marked, the number of witnesses to be

presented and the schedule of trial. The order shall bind the parties Section 1. Subsidiary liability. - In case of conviction of the accused
and control the course of action during the trial.
and subsidiary liability is allowed by law, the court may, by motion of
the person entitled to recover under judgment, enforce such subsidiary
RULE 17  liability against a person or corporation subsidiary liable under Article
TRIAL
102 and Article 103 of the Revised Penal Code.
Section 1. Continuous trial. - The court shall endeavor to conduct RULE 19 
continuous trial which shall not exceed three (3) months from the date STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN
of the issuance of the pre-trial order.
CRIMINAL CASES
Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of Section 1. Motion to dismiss. - Upon the filing of an information in
direct examination shall be used, subject to cross-examination and the court and before arraignment, the accused may file a motion to
right to object to inadmissible portions of the affidavit.
dismiss on the ground that the criminal action is a SLAPP.
Section 3. Submission of memoranda. - The court may require the Section 2. Summary hearing. - The hearing on the defense of a SLAPP
parties to submit their respective memoranda and if possible, in shall be summary in nature. The parties must submit all the available
electronic form, within a non-extendible period of thirty (30) days from evidence in support of their respective positions. The party seeking the
the date the case is submitted for decision.
dismissal of the case must prove by substantial evidence that his acts
for the enforcement of environmental law is a legitimate action for the
With or without any memoranda filed, the court shall have a period of protection, preservation and rehabilitation of the environment. The
sixty (60) days to decide the case counted from the last day of the 30- party filing the action assailed as a SLAPP shall prove by
day period to file the memoranda.
preponderance of evidence that the action is not a SLAPP.
Section 4. Disposition period. - The court shall dispose the case within Section 3. Resolution. - The court shall grant the motion if the accused
a period of ten (10) months from the date of arraignment.
establishes in the summary hearing that the criminal case has been
filed with intent to harass, vex, exert undue pressure or stifle any legal
recourse that any person, institution or the government has taken or
may take in the enforcement of environmental laws, protection of the said evidence was taken, or by any other person competent to testify
environment or assertion of environmental rights.
on the accuracy thereof.
If the court denies the motion, the court shall immediately proceed with Section 2. Entries in official records. - Entries in official records made
the arraignment of the accused.
in the performance of his duty by a public officer of the Philippines, or
by a person in performance of a duty specially enjoined by law, are
PART V  prima facie evidence of the facts therein stated.
EVIDENCE
RULE 22 
RULE 20  FINAL PROVISIONS
PRECAUTIONARY PRINCIPLE
Section 1. Effectivity. - These Rules shall take effect within fifteen (15)
Section 1. Applicability. - When there is a lack of full scientific certainty days following publication once in a newspaper of general circulation.
in establishing a causal link between human activity and environmental

effect, the court shall apply the precautionary principle in resolving the Section 2. Application of the Rules of Court. - The Rules of Court shall
case before it.
apply in a suppletory manner, except as otherwise provided herein
The constitutional right of the people to a balanced and healthful Cases  

ecology shall be given the benefit of the doubt.
o Moncupa vs. Enrile, GR No. 63345, 30 Jan. 1986 
o Glenn Caballes y Chua vs. CA, GR No. 163108, 23 Feb. 2005 
Section 2. Standards for application. - In applying the precautionary o Samuel Barredo y Golani vs. Hon. Vicente Vinarao, GR No. 168728, 2
principle, the following factors, among others, may be considered: (1) Aug. 2007 
threats to human life or health; (2) inequity to present or future o In the matter of the petition for habeas corpus, Engr. Ashraf Kunting,
generations; or (3) prejudice to the environment without legal GR No. 167193, 19 April 2006 
consideration of the environmental rights of those affected.
o Marie Antonette Abigail C. Salientes vs. Loran SD Abanilla, GR No.
162734, 29 August 2006 
RULE 21  o Edita Burgos versus Gloria Macapagal-Arroyo, GR No. 183711, July
DOCUMENTARY EVIDENCE
5, 2011 
o Secretary of National Defense versus Manalo, G.R. No. 180906,
Section 1. Photographic, video and similar evidence. - Photographs, October 7, 2008 
videos and similar evidence of events, acts, transactions of wildlife, o Rev. Father Robert Reyes versus Court of Appeals, et al, GR No.
wildlife by-products or derivatives, forest products or mineral 182161, December 3, 2009 
resources subject of a case shall be admissible when authenticated by o Razon versus Tagitis, GR No. 182498, December 3, 2009 
the person who took the same, by some other person present when o Paje v Casino (G.R. No. 207257, 207276, 207282 & 207366,
February 3, 2015)

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SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 1 of 41

SPECIAL PROCEEDING (April 10)

Domestic Relations Court.

Section 4. Objection and date of hearing. — In the notice and

(b) An estimate of its actual value;

Section 6. Registration of order. — A certified copy of the order of the

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 2 of 41

Art. 154. The beneficiaries of a family home are:

For purposes of this Article, urban areas are deemed to include

(1) For nonpayment of taxes;

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 3 of 41

beneficiaries, the same rule and procedure shall apply.

(a) The judgment obligor's family home as provided by law, or the

Art. 161. For purposes of availing of the benefits of a family home as

him in his ordinary occupation;

(g) The professional libraries and equipment of judges, lawyers,

(i) So much of the salaries, wages, or earnings of the judgment obligor

(j) Lettered gravestones;

(k) Monies, benefits, privileges, or annuities accruing or in any manner

(l) The right to receive legal support, or money or property obtained as

(m) Properties specially exempted by law.

But no article or species of property mentioned in this section shall be

(a) The jurisdictional facts;

Section 1. Appointment of representative. — When a person

person to represent him provisionally in all that may be necessary. In

petition for the appointment of a representative, or for the declaration

prior to the time designated for the hearing, in a newspaper of general

Section 5. Opposition. — Anyone appearing to contest the petition

Section 6. Proof at hearing; order. — At the hearing, compliance with

measures to safeguard the rights and interests of the absentee and

Civil Code, Art. 381 to 386, 391

designated by the court and in the Oﬃcial Gazette.

Article 381. When a person disappears from his domicile, his

may be appointed by the court.

This same rule shall be observed when under similar circumstances

absentee's property shall be appointed in accordance with the

Article 382. The appointment referred to in the preceding article

them, according to the circumstances, by the rules concerning

(a) When the absentee appears personally or by means of an agent;

Article 383. In the appointment of a representative, the spouse present

intestate heirs appear;

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 7 of 41

Family Code, Art. 40 to 43

Article 385. The following may ask for the declaration of absence:

purposes of remarriage on the basis solely of a final judgment

Art. 41. A marriage contracted by any person during subsistence of a

until six months after its publication in a newspaper of general

For the purpose of contracting the subsequent marriage under the

including the division of the estate among the heirs:

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 8 of 41

annulling the previous marriage or declaring it void ab initio.

Art. 43. The termination of the subsequent marriage referred to in the

(2) The absolute community of property or the conjugal partnership, as

(3) Donations by reason of marriage shall remain valid, except that if

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 9 of 41

XI. WRITS OF HABEAS CORPUS, HABEAS DATA, AMPARO and

Section 1. To what habeas corpus extends. — Except as otherwise

virtue of a judgment or order of a court of record, and that the court or

granted by a Court of First Instance, or a judge thereof, on any day and

judge authorized to grant the writ must, when a petition therefor is

person to serve it.

SPECIAL PROCEEDING APRIL 10 ASSIGNMENT Page 10 of 41

(i) So much of the salaries, wages, or earnings of the judgment obligor  

i. to verify the identity of the aggrieved party; 

c. Dilatory motion for postponement; 

vi. to bring the suspected oﬀenders before a competent court. 

relief orders; and 