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(This work is based on Atty. Gerard Chans syllabus for the Special Proceedings subject as taught
in FEU-IL. Notes in red are opinions of the review lecturer,1 of authors2 on the subject, or of the
reviewee. Cited provisions are from the Rules of Court unless otherwise provided.)

SPECIAL PROCEEDINGS
R72 (subject matter & applicability of general rules)
Meaning & scope of special proceedings
1. Special proceeding, defined (R1, S3[c]): remedy by w/c a party seeks to establish
(a) Status
(b) Right
(c) Particular fact
2. Scope (S1[a]-[n]): [CATCH-AGED-SHARC]
- Change of name
- Absence & death; declaration of
- Trustees
- Constitution of family home
- Hospitalization of insane persons
- [Judicial] approval of voluntary recognition of minor natural children
- Guardianship & custody of children
- Escheat
- [Voluntary] dissolution of corporations
- Settlement of estate of deceased persons
- Habeas corpus
- Adoption
- Rescission & revocation of adoption
- Cancellation of correction of entries in the civil registry
J. Herrera adds: liquidation, corporate recovery, & arbitration
Cases: (a) Vda. de Manalo vs. CA Art. 222, CC (i.e. the earnest efforts rule) applies only
to ordinary civil actions & not to special proceedings
(b) Natcher vs. CA usually, in special proceedings, no formal pleadings are required
(XPN: where the statute expressly provides otherwise); also, the remedy is granted
generally upon application/motion
Nature of special proceedings
Case: Tabuada v. Ruiz special proceedings are NON-CONTENTIOUS in nature (i.e. do not
depend on the will of an actor, but on a state/condition of things/persons not entirely w/in the
control of the parties interested)
Implication: failure to consummate a compromise agreement/amicable settlement does
not justify dismissal (w/c is to be ordered "only in the extreme case where the
termination of the proceeding is the sole remedy consistent w/ equity & justice")
Applicability of rules on civil actions (S2) absent special provisions + as far as practicable

I. SETTLEMENT OF ESTATE OF DECEASED PERSONS


Kinds (according to form):

1. Extrajudicial (R74 S1)


2. Summary (R74 S2) [re: small value]

1 Justice Magdangal De Leon


2 Dean Ed Vincent Albano, Justice Magdangal De Leon, Justice Oscar Herrera

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3. Judicial (R73, 75-90) [i.e. through letters]


Overview of procedure
[A] >No will
>No debts
>Extrajudicial settlement
>Distribute to heirs
[B] >With will
>Whether there are debts or not
>Probate
>Issuance of letters testamentary
>Inventory/accounting
>Entertain claims against estate, if any
>Pay debts, expenses of administration, taxes, etc.
>Distribute to heirs
[C] >With will
>With debts not exceeding P10K
>Summary settlement
[D] >Affidavit of self-adjudication
R73 (venue & process)
Jurisdiction, venue; meaning of residence
Jurisdiction: RTC (NOTE: Threshold; if gross value of estate P200K/P400K[MMLA] = MTC!)
Venue: of province where decedent
1. Resided @ time of death (if residing in PH)
Cases on residence:
(a) Garcia Fule vs. CA residence = physical presence in a place & actual stay thereat,
continuously & consistently; residence, as used in rules re: settlement of estate,
contemplates not legal residence (i.e. domicile) but actual, bodily residence
(b) San Luis vs. San Luis unlike in election law where residence = domicile, in
settlement of estate, residence domicile
(c) Cuenco vs. CA residence affects venue; it is not a matter of jurisdiction
2. Had his estate (i.e. any province where any part of the estate is) (if residing outside PH)
Limited jurisdiction of probate court; exceptions
GR:
Case: Camaya vs. Patulandong jurisdiction of probate court = LIMITED to the
settlement & adjudication of properties of the deceased; it cannot extend to collateral
matters (e.g. questions of title/ownership)
XPN: Case: Coca vs. Borromeo
1. Interested parties = all heirs; or
2. Question is one of collation or advancement; or
3. Parties consented to assumption of jurisdiction & rights of 3rd persons, not impaired
Re: claims for or against conjugal partnership (S2; cf. Arts. 103, 104, 130, 131, & 132, FC)
1. Inventory
2. Administration
One spouse died
in [in]testate proceedings of deceased spouse
3. Liquidation
4. Payment of debts
Both spouses died Liquidation in [in]testate proceedings of either
R74 (summary settlement of estates) judicial proceeding wherein, w/o appointment of an
executor/administrator, & w/o delay, the competent court summarily proceeds to:
1. Value the estate
2

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2. Ascertain debts & order payment thereof


3. Allow the will, if any
4. Declare his hairs and/or legatees/devisees
5. Distribute the net estate
Extrajudicial settlement by agreement; two-year lien
1. Requisites:
(a) No will
(b) No debts
(c) All heirs are of legal age (or, if minors, represented by duly authorized reps.)
2. How done: DOCUMENT OF PARTITION* (public inst., filed w/ Register of Deeds [RoD])
If sole heir: by AFFIDAVIT* (also filed w/ RoD) SELF-ADJUDICATION!
*+BOND: (a) Amount = value of personal prop. involved, as certified under oath
(b) Conditioned upon payment of any just claim that may be filed
NOTE: Documentary & bond reqs. must be done simultaneously!
* TWO-YEAR LIEN (S4, cf. S5) if it should appear w/in the period of the lien that an
heir or other person has been deprived of lawful participation in the estate, or that the
estate has unpaid debts, the court w/ jurisdiction over the estate may order:
(a) Contribution from distribution (i.e. distributees contribute to payment of debt), or
(b) Execution against bond/sale of realty of decedent, or
(c) Both (a) & (b)
NOTE: If on the date of expiration of the lien, the person entitled to file claim is
- A minor, or
- Mentally incapacitated, or
- Residing outside PH
he/she is given 1 YEAR from removal of disability to present his/her claim! (S5)
[+after EJP, heir(s) should affect PUBLICATION of same in a newspaper of gen. circ.]
3. If heirs cannot agree:
(a) Institute a special proceeding for JUDICIAL ADMINISTRATION OF THE ESTATE
(Grounds: good reasons case-to-case basis!); or
(b) File an action for PARTITION (cf. R69)
Remedies against extrajudicial settlement [CRAP!]
1. Contribution fr. distribution, execution vs. bond/sale of decedents realty (see prev. page)
2. Reopening by intervention w/in reglementary period (cf. R19)
Case: Jerez vs. Nietes the better practice for a party interested in a probate
proceeding to set final liquidation aside is to have the case reopened by proper motion
w/in the reglementary period instead of instituting an [independent action ]
3. New action to annul settlement (annulment of title & reconveyance!) w/in regle. period
Case: Francisco vs. Rojas re: reglementary period(s)
(a) If resulting from fraud: 4 YEARS from discovery of the fraud
Discovery = deemed to have taken place
Most commentators, J. De Leon included, deem this period abandoned by the SC
per Amerol vs. Bagumbaran and Caro vs. CA, among others (overturning Gerona
and Pedrosa). HOWEVER, since Francisco a 2014 case makes mention of the 4year period rule, I figured Id include it here, as well.
(b) If based on implied/constructive trust: 10 YEARS from alleged fraudulent registration or
date of issuance of cert. of title over the property at issue
If plaintiff or person enforcing the trust is in possession: IMPRESCRIPTIBLE! (in
effect an action for quieting of title, w/c does not prescribe)
4. Petition for relief (R38, S 1, 3-6) (see discussion on CivPro)
Q What is the remedy, if any, when land has passed to an innocent purchaser for value?

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:
A: Action for DAMAGES vs. heirs responsible for fraudulent exclusion (PEZA vs. Fernandez)
Summary settlement of estates of small value (i.e. where estates gross value P10K) (S2)
As distinguished from extrajudicial settlement per se
SUMMARY SETTLEMENT OF ESTATES
EXTRAJUDICIAL SETTLEMENT
OF SMALL VALUE
Does not require court intervention
Requires court intervention
Value of estate is immaterial
Gross value of estate P10K
Allowed in both testate & intestate
Allowed only in intestate succession
succession
Proper only when there are no outstanding
Proper even if there are debts (the court
debts of the estate at the time of
will make provisions for payment thereof)
settlement
Instituted by any interested party & even
Can be resorted to only at the instance (&
by a creditor of the estate, w/o consent of
by agreement) of all the heirs
all the heirs
R75 (production of will, allowance of will necessary)
Probate, mandatory
WHY? Art. 838, CC (cf. S1) no will shall pass either real or personal property UNLESS
PROVED & ALLOWED IN ACCORDANCE W/ RoC!
Probate, proceeding in rem Case: Alaban vs. CA w/ the corresponding publication of the
petition for probate, the court's jurisdiction extends to all persons interested in the will (or in the
settlement of the estate of the decedent)
R76 ([petition for] allowance/disallowance of will)
Jurisdictional requirements for probate of will (S2)
1. Jurisdictional facts
(a) That a person died leaving a will
(b) Residency w/in territorial jurisdiction of the court @ time of death
(c) Leaving property w/in territorial jurisdiction, even if non-resident @ time of death
2. Names/ages/residences of heirs/legatees/devisees
3. Probable value & character of properties of the estate
4. Name of person for whom letters (testamentary/of execution) are prayed
5. If the will has not been delivered to the court: name of person w/ custody of same
NOTE: No defect in the petition (i.e. re: above reqs.) shall render void the
- Allowance of the will; or
- Issuance of letters
What happens after the filing of the petition? (S3-5)
1. PUBLICATION OF NOTICE OF HEARING
3 weeks successively, in a newspaper of general circulation in the province
2. PERSONAL/INDIVIDUAL NOTICE
- Heirs
BY MAIL (deposited @ post office at least 20 DAYS before hearing)
- Dev./Leg.
or PERSONALLY (at least 10 DAYS before hearing)
Case: De Aranz vs. Galing individual notice to known legatees/devisees =
NOT a jurisdictional requirement in the probate of a will (only a procedural
one, for expedience/convenience)
3. WITNESS REQUIREMENT(S)
UNCONTESTED
CONTESTED
Notarial
1 WITNESS is enough
ALL subscribing witnesses &

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NOTARY [+OTHER PERSONS


under certain conditions, e.g.
where witnesses are dead, insane,
or residing outside PH (S8)]
AT LEAST 1 WITNESS who knows AT LEAST 3 WITNESSES who
handwriting & sig. of the testator
know handwriting of testator
If
there
are
none:
EXPERT
TESTIMONY!
[+if the court deems necessary]
Holographi
c
Where testator him/herself = petitioner:
TESTATOR HIM/HERSELF must CONTESTANT has burden of
affirm genuineness & due execution disproving genuineness & due ex.
Re: probate of lost wills (S6) the ff. must be proved:
1. Execution & validity of the will
2. Will was: (a) In existence at the time of death of the testator, or
(b) Fraudulently/accidentally destroyed in his lifetime w/o his knowledge
3. Provisions are distinctly proved by at least 2 credible witnesses
Case: Rodelas vs. Aranza a photocopy of a lost/destroyed holographic will may be probated
because comparison can be made w/ the standard writings of the testator!
Scope of inquiry of probate proceeding
GR:
Only the extrinsic validity of a will (i.e. genuineness & due execution)
XPN Cases (a) Ajero vs. Co the probate court, in exceptional instances, may declare
:
:
invalid certain provisions of a will that it upholds as extrinsically valid
(b) Maninang vs. CA where a will appears, on its face, intrinsically void
Grounds for disallowance (S9) Case: Ajero vs. CA grounds are EXCLUSIVE!
1. Non-compliance w/ legal formalities
2. Re: testamentary capacity: insanity/mental incapacity of testator @ time of execution
3. Re: due execution:
(a) Duress/fear/threats
(b) Undue influence
(c) Fraud/trick re: signature of testator
(d) Mistake, or lack of intention that the instrument be his will or signed
What a person contesting allowance of a will should do (S10)
1. State grounds in writing
2. Serve copy/copies on petitioner/other interested parties
What happens if the will is approved, i.e. no ground for disallowance exists (S13)
1. Court issues a certificate of allowance, w/c is attached to the will
2. Both the will & the certificate are filed/recorded by the clerk of court
3. If the will devises real property: will & cert., recorded in RoD of province where lands lie
R77 (allowance of will proved outside PH; administration of estate thereunder)
Same effects AS IF THE WILL WAS ORIGINALLY PROVED & ALLOWED IN PH!
R78 (letters testamentary & of administration, when and to whom issued)
1. EXECUTOR: nominated by the testator in his/her will
2. ADMINISTRATOR: appointed by the court re:
(a) Intestate estate
(b) Testate estate, where
- No executor was named at all
- Executor designated = incompetent, or refuses the trust, or fails to give bond
Executors (& administrators) hold the estate of the decedent as a trustee!
Qualifications (S1)

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1. Of legal age
2. Resident of PH
3. Competent, i.e. to whom S1(c) is inapplicable (not unfit in the opinion of the court to
execute the duties of his/her trust by reason of drunkenness, improvidence, want of
understanding/integrity, conviction of an offense involving moral turpitude)
Order of preference in appointment of administrator (S6)
1. SURVIVING SPOUSE, or NEXT OF KIN, or BOTH (@ courts discretion) or to SUCH
[other] PERSON AS [the former] REQUESTS TO HAVE APPOINTED*
2. ONE OR MORE OF THE PRINCIPAL CREDITORS* (where those in [1] are
incompetent/unwilling, or neglected to apply for admin./request that admin. be granted to
another person w/in 30 DAYS after death of decedent)
3. SUCH OTHER PERSON AS THE COURT MAY SELECT (in absence of [2])
[*common element = competence & willingness to serve!]
Case: Uy vs. CA granted that the probate court cannot arbitrarily disregard preferential rights
of surviving spouse to administration, but if such person enjoying preferential rights is
UNSUITABLE, the court may appoint another person
[e.g. adverse interest of some kind/hostility to those immediately interested in the estate]
R79 (opposing issuance of letters testamentary, petition & contest for letters of admin.)
Interested party (S1) any person interested in a will
Case: Tayag vs. Tayag-Gallor interested party = one who would be benefited by the
estate (e.g. heir; one w/ a claim against the estate like a creditor); interest must be
material and direct, not merely indirect or contingent
Thus, where the right of the person filing a petition for the issuance of letters of
administration is dependent on a fact w/c has not been established, or worse,
can no longer be established, the interest of said person is contingent only, &
does not make him/her an interested party (here, an illegitimate child who
petitioned for letters of administration is still an interested party
notwithstanding the fact that judicial recognition can no longer be done,
the parent-decedent being dead, as filiation can still be established by
proving voluntary recognition!)
R80 (special administrator)
Cases: (a) Heirs of Castillo vs. Gabriel
- Special administrator, defined: representative of a decedent appointed by the
probate court to care for & preserve the estate UNTIL AN EXECUTOR or
GENERAL ADMINISTRATOR IS APPOINTED
- Appointment lies in the sound discretion of the probate court
Implications
> Qualifications Manungas vs. Loreto the law is silent as to the
qualifications of a sp. admin.; thus, the question of whether a person
is qualified falls w/in the sound discretion of the court!
> Number of sp. admins Matias vs. Gonzales the court, in its
sound discretion, may appoint several special co-administrators
(jointly exercising powers of one special administration)!
> How to contest not by appeal (but as this is an issue involving
the exercise of discretion, surely certiorari [R65] will lie)
> Removal Co vs. Rosario likewise discretionary!
(b) De La Cavada vs. Butte, Ozaeta vs. Pecson appointment = denial of the power
to appoint regular admin. pending appeal from allowance/disallowance of will []

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Circumstances warranting appointment of special administrator (S1)


1. Delay in granting letters by any cause (incl. appeal from allowance/disallowance of will)
2. Executor/administrator = also a claimant against the estate he/she represents
Powers and duties of special administrator (S2)
1. Take possession/charge of the goods/chattel/rights/credits/estate of the deceased &
preserve the same for the executor/administrator afterwards appointed
2. Commence & maintain suits
3. Sell such perishable/other properties
as ordered by the court
4. Pay such debts of the deceased
Case: Liwanag vs. Reyes for purposes of paying debts of the decedent, a
special administrator may be made a defendant in a foreclosure suit
R81 (bonds of executors and administrators)
Amount, discretionary, i.e. in such sum as the court may direct (S1)
Purpose: to safeguard the estate!
Conditions of the bond
1. Inventory
2. Administer (& pay all debts, etc.)
3. Account of his/her admin. to the court (w/in 1 YEAR & @ ANY TIME REQD)
For
exec./adm. 4. All other orders of the court
(S1)
When no bond or addl bond is needed (S2)
(a) NO BOND if testator so provides
(b) ADDL BOND change in circumstances or other sufficient cause
1. Inventory
For sp. adm.
2. Account for estate as received by him/her WHEN REQD by the court
(S4)
3. Deliver to exec./adm.
R82 (revocation of administration; death, resignation, removal of executors/admins)
Revocation of administration (S1) where, after letters of administration were granted on the
estate of a decedent as if he/she died intestate, DECEDENTS WILL IS PROVED & ALLOWED!
Effects of revocation
1. Powers of the administrator cease
2. Erstwhile administrator:
(a) Surrenders the letters to the court IMMEDIATELY
(b) Renders his/her account w/in SUCH TIME AS THE COURT DIRECTS
3. Proceedings for issuance of letters under the will commences
Removal of executors/administrators; grounds (S2)
1. Neglect to:
(a) Render account & settle estate according to law
(b) Perform order/judgment of court
(c) Perform duty expressly provided by RoC
2. Absconding, insanity, incapability/unsuitability to discharge the trust
Cases: Lim vs. Diaz-Millares, Padilla vs. Jugo grounds are not exclusive as removal falls
w/in courts sound discretion (e.g. exec./adm. may be removed for unfitness/unsuitability)
Effects on previous acts (S3) lawful acts = VALID (as if there had been no revocation, etc.)
Powers of newly-appointed executor/administrator post-removal of previous one (S4) same!
BUT an authority granted by the court to the former executor/administrator for the sale or
mortgage of realty may be RENEWED in favor of such person w/o further notice/hearing
R83 (inventory & appraisal. provision for support of family)

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Case: Garcia vs. Garcia a court w/c takes cognizance of [in]testate proceedings has
jurisdiction to determine WON prop. is part of the estate, & thus to be included in the inventory
Period (S1) w/in 3 MONTHS after his/her appointment
GR:
Question re: title to property cannot be passed upon on testate or intestate proceedings
XPN: Provisional inclusion in inventory
Cases (a) Guingguing vs. Abuton where one prays merely for inclusion/exclusion
:
from the inventory of the property, in w/c case the probate court may pass
PROVISIONALLY upon the question w/o prejudice to its final determination
in a separate action
(b) Cuizon vs. Ramolete if the properties in question are indisputably part of
the estate, well & good, but if there is a dispute, the parties have to resort to
an ordinary action for a final determination of their conflicting claims
R84 (general powers & duties of executors & administrators)
Powers & duties; incidents thereto [ALD]
1. ADMINISTRATION
Case [re: incidents to administration]
s:
(a) Vasquez vs. Porta handle & marshal assets of the deceased
S3 retention of estate to pay debts & expenses of administration
(b) Chua Tan vs. De la Rosa re: marshaling, to bring action as
necessary
(c) Tambunting vs. San Jose manage estate wisely, in
businesslike manner
S1 if deceased is a partner, access to partnership books & property
S2 duty to maintain bldgs. in tenantable repair
[re: degree of diligence; continuing business of deceased] Wilson vs.
Rear
(a) Ordinary diligence is required; want of w/c opens admin. to liability
(b) Re: continuing business in w/c deceased was engaged in @ time
of death: administrator requires a court order, absent w/c he has
no authority (even if he is in GF!) and is liable for all the losses
incurred thereby, w/o right to receive profits
[re: lease] San Diego vs. Nombre
(a) Lease = ACT OF ADMINISTRATION!
Thus, no need for prior judicial authority & approval
[NO SPA needed for an admin. to lease realty for 1+
year(s)!]
(b) Administrator & agent, distinguished
ADMINISTRATOR
AGENT
Appointed by the court;
representative of the court, the
Answerable only to his/her principal
heirs, & creditors of the estate
Requires bond before entering into
No bond requirement
his/her duties
Acts are subject to specific
Acts, limited only to those allowed
provisions of law & orders of the
by the principal (by powers of
appointing court
attorney, etc.)
2. LIQUIDATION
Case: Flores vs. Flores pay debts of the deceased + determine assets & liabilities

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3. DISTRIBUTION (R90 S1) after all debts & expenses have been paid, distribute net
estate among known heirs/devisees/legatees & all other interested persons
Conflict of interest
Cases: (a) Jaroda vs. Cusi an administrator is not permitted to deal with him/herself as an
individual in any transaction concerning property of the estate
(b) Mananquil vs. Villegas per Art. 1646, CC (cf. Art. 1491), execs./admins are
prohibited from being lessees (personally or through another) of estate prop.
In sum: puwedeng magpaupa, pero hindi puwedeng umupa!
R85 (accountability & compensation of executors & administrators)
Duty to account
Cases: Joson vs. Joson, Tumang vs. Laguio CANNOT BE WAIVED!
1. The whole of the estate [+proceeds of so much as is sold] (S1)
Implications: exec./admin gains/suffers
(a) NO profit from increase in value of any part of the estate
(b) NO loss from decrease in value of same w/o exec./admins fault
2. Excess when any part of the estate is sold for more than its appraisement
What?
Exec./admin is not responsible for loss if sale has been justly made
(S1-5)
3. Income from the realty used by him (S4)
4. Waste (S5) i.e. where, due to neglect or unreasonable delay
(a) Value of estate decreases, or
(b) Unnecessary costs/expenses accrue, or
(c) Person interested in the estate suffers loss
[+] NOT accountable for debts due decedent uncollected w/o fault of exec./admin!
When?
W/in 1 YEAR from receiving letters (testamentary/of administration) & AS THE
(S8-9)
COURT MAY REQUIRE until the estate is wholly settled!
Charges and expenses of the administrator [i.e. executors/administrators fees] (S7)
1. NECESSARY EXPENSES*
2. COMPENSATION FOR SERVICES*
(a) P4/day, or
(b) Commission (upon value of estate disposed by him)
- 2% of the first P5K
- 1% >P5K, P30K
- % >P30K, P100K
- % >P100K
* GREATER SUM may be allowed if:
> Estate is large
> Settlement was attended w/ great difficulty
> Required high degree of capacity on the part of the executor/administrator
Case: Rodriguez vs. Silva
(a) Amt. of fees = discretionary upon probate court; unappealable (but certiorari-able!)
(b) GR:
Being a lawyer is not by itself a factor in assessing an administrator's fee
XPN: It should be considered when the administrator was able to stop what
appeared to be an improvident disbursement of a substantial amount w/o
having to employ outside legal help @ additional expense to the estate
3. STIPULATION IN THE WILL RE: COMPENSATION
GR:
Deemed full compensation!
XPN: Executor/administrator renounces claim under stipu. by written inst. filed in court
Improper charges

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Cases:

(a) Sison vs. Teodoro expenses incurred by an executor/administrator for the filing
of a bond do not constitute a proper charge against the estate
(b) Uy Tioco vs. Imperial fees for the attorney of an executor/administrator are the
latters personal liability (XPN: if beneficial to the estate & reasonable, the
executor/administrator is entitled to reimbursement)

R86 (claims against the estate)


Purpose to protect the estate of deceased persons
(Case: Estate of Olave vs. Reyes)
Period to file claims (i.e. STATUTE OF NON-CLAIMS)
12 MOS., 6 MOS. from date of 1st publication of notice (Case: Santos vs. Manarang)
Case: In re: Estate of De Dios the statute of non-claims supersedes the statute of
limitations (as far as claims against the estate are concerned!)
Cases: (a) Afan vs. De Guzman extension of statute of non-claims; grounds:
- Application therefor
- Cause shown why permission should be granted
The ff. are not sufficient causes:
> That one was negotiating w/ one of the heirs for payment
> That for 4-5 months, one did nothing to present his/her claim
- Extension 1 MONTH
(b) Barredo vs. CA extension begins from date of court order allowing same!
(c) Heirs of Pizarro vs. Consolacion the range specified in the statute of nonclaims is intended to give the probate court the discretion to fix the period for the
filing of claims; period so fixed = MANDATORY!
Effect of failure to file w/in period (S5)
GR:
BARRED FOREVER!
XPN: Where claims vs. estate may be set forth as counterclaims in any action
that the executor/administrator may bring against the claimants
Nature of claims (S5)
1. Money claims arising from contract
2. Funeral expenses
3. Re: last sickness
4. Money judgments
Cases: (a) Gutierrez vs. Barretto-Datu "claims" = debts or demands of a pecuniary nature
w/c could have been enforced against the deceased in his/her lifetime & could
have been reduced to simple money judgments (incl. those founded upon contract)
(b) Cases re: from contract
- Aguas vs. Llemos excludes those sourced in delict or tort
- Madan vs. Garcia implied contract principle
[i.e. includes obligations arising from law & quasi-contracts]
(c) BPI vs. Concepcion & Hijos a creditor w/ a claim (secured by mortgage!)
against the deceased has the ff. options:
- Abandon security & share in the estate
- Foreclose, secure deficiency judgment, prove deficiency judgment vs. estate
- Rely upon security alone
(d) Imperial Insurance vs. David, Stronghold vs. Republic where decedent is a
solidary debtor (e.g. when there is a surety), a creditor has two options: [1] file an
action vs. surviving debtor(s) (or surety); or [2] claim vs. estate of the decedent
Procedure (S1, S3+, S9-10)
1. Notice to creditors (S1)

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2. Publication of notice to creditors (S3) 3 successive weeks


(a) in a newspaper of general circulation in the province, and
(b) of posting in [number] public places in [place]
- 4 province, and
- 2 municipality where decedent last resided
3. Filing of claims w/in statute of non-claims (S2, S9)
(a) Deliver affidavit + vouchers to clerk of court, serve copy on exec./admin
(b) Exec./admin files an answer w/in 15 DAYS from service of copy of the claim
4. Trial (S9) (upon filing of answer or expiration of time to file one)
Attorneys fees
Case: Salonga Hernandez & Allado vs. Pascual
GR:
Executor/administrator = primarily liable for attorney's fees (see previous pages)
XPN: If executor/administrator refuses to pay the attorney, he/she may file:
1. An action vs. exec./admin in the latter's personal capacity
2. A petition in the [in]testate proceedings, praying for payment of attorney's fees as an
expense of administration (w/ notice to all heirs & interested parties)
R87 (actions by & against executors & administrators)
Rule re: actions by executors/administrators executors/administrators may sue upon ANY
CAUSE OF ACTION w/c accrued to decedent during his/her lifetime (Case: Bayot vs. Sorbito)
Rules re: actions against executors/administrators
Q
Action(s) for recovery of (S1)
Can it be claimed against the exec./admin?
:
1. Money/debt/interest thereon
A: (should be claimed against the estate)
2. Property, or interest/lien thereon
(i.e. actions that survive)
XPN: Where, by its nature, it cannot survive
Case: ABS-CBN vs. Office of the Ombudsman on damages arising from crime, the proper
recourse is to file an action vs. executor/administrator based on S1
ACTIONS THAT SURVIVE those that survive the death of the decedent
These can be claimed by/against the executor/administrator! (S2)
Cases: (a) Aguas vs. Llemos actions for damages re: injury to person/property also survive
"Injury to property," not limited to injuries to specific property, but extends to
other wrongs by w/c personal estate is injured/diminished (e.g. maliciously
causing a party to incur unnecessary expenses)
(b) Saligumba vs. Palanog actions for quieting of title also survive
(c) Modesto vs. Modesto PROVISIONAL AUTHORITY OF PROBATE COURT: it
has no authority to decide WON the property belongs to the estate/persons
examined (ordinary action for recovery of property reqd!)
(d) Lao vs. Dee per S3, heirs/devisees have no cause of action vs. exec./admin for
recovery of property left by the deceased before distribution of the estate is made
(or before any residue is known)
(e) Rioferio vs. CA re: when heirs can file action for recovery of estate property:
GR: Heirs = NO LEGAL STANDING!
XPN: [PULA]
1. Admin allegedly participated in act complained of, made a defendant
2. Executor/administrator = unwilling/refuses to bring suit
3. Pending filing of petition for letters of administration (cf. Art. 777, CC
rights to succession, transmitted from moment of decedents death!)
4. Administration proceedings underway but admin, not yet appointed
Re: when property to be recovered was fraudulently conveyed by the deceased (S9-10)

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GR:

Executor/administrator may commence action for recovery if:


1. On application of the creditors of the deceased
2. Creditors making the application pay part of the costs or give security therefor
[whichever the court deems equitable]
XPN: Creditor may bring action in the name of the exec./admin if the ff. concur: [DFA]
1. Deficiency of assets
2. Deceased in his/her lifetime made/attempted to fraudulently convey
3. Executor/administrator has not commenced action
+LEAVE OF COURT
+BOND: (a) In favor of exec./admin
(b) Conditioned to indemnify him/her against costs incurred re: such action
If fraudulent conveyance was in favor of exec./admin:
(a) Action, brought IN THE NAME OF ALL CREDITORS
(b) NO LEAVE OF COURT & BOND NEEDED
+LIEN (creditor has lien over any judgment recovered, for reasonable expenses/costs)
Double-value rule (S8) in case of embezzlement of money/property of deceased before
issuance of letters, the embezzler is liable to an action in favor of executor/administrator for
DOUBLE THE VALUE of the property embezzled!
R88 (payment of the debts of the estate)
SCENARIO
APPLICABLE RULES
1. ALL DEBTS, PAID IN FULL w/in time limited for the purpose
2. If testator STIPULATES in will re: payment (e.g. DESIGNATES the
portion of the estate to be appropriated for payment of debts), SUCH
STIPULATION IS TO BE FOLLOWED
If designated portion is insufficient (or if there is no stipulation
re: designation) such part of the estate as is NOT
DISPOSED BY WILL shall be appropriated for payment
GR:
Personal property first!
XPN Real property, if:
Estate properties
:
(a) Personal property is insufficient, or
are sufficient to
(b) Sale of personal property = detrimental to the
cover the debt
participants of the estate
(see also discussion on R89 for other matters re: sale, etc.)
3. Any deficiency (left over after [2]) = met by CONTRIBUTIONS from
heirs/devisees/legatees (who have entered into possession of portions
of the estate before debts/expenses have been paid)
4. Exec./admin RETAINS sufficient estate for payment of contingent
claims (when same become absolute)
Contingent claim one in w/c liability depends on some future event
that may or may not happen; makes it uncertain WON there will be any
liability at all (Case: Gaskell vs. Tan Sit)
1. Exec./admin must follow rules on PREFERENCE OF CREDITS
2. If there are NO ASSETS SUFFICIENT TO PAY THE CREDITS OF ANY
Estate is insolvent
ONE CLASS OF CREDITORS, each creditor w/in such class shall be
paid a DIVIDEND (in proportion to his claim)
Case: Aldamiz vs. Judge of CFI-Mindoro remedy of execution, not available in favor of a
creditor against the estate of a decedent (because the RoC says the property is to be SOLD [or
MORTGAGED, as well, re: realty] w/ PROCEEDS TO BE USED FOR PAYMENT OF CLAIMS)

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Execution only issues where heirs/legatees/devisees ALREADY ENTERED INTO


POSSESSION PRIOR TO PAYMENT OF DEBTS (& there are still debts yet to be paid!)
Reglementary period for settlement of estate (S15-16)
1. Initial period: 1 YEAR from issuance of letters
2. Extension: granted upon application, on good reason, & after due hearing (w/ notice)
- 6 MONTHS/extension
- Max. period (original 1-year period + extension[s]) = 2 YEARS
- If exec./admin dies & a new one is appointed: new exec./admin may be granted an
extension same period per instance, but 6 MONTHS beyond the time w/c the
court might have allowed the original
R89 (sales, mortgages, and other encumbrances of property of decedent)
SALE, MORTGAGE, OR ENCUMBRANCE OF
SALE OF PERSONAL PROPERTY
REAL PROPERTY
For payment of:
1. Where personalty is insufficient
1. Debts
2. Other reasons:
2. Legacies
(a) Sale of personalty may injure the
3. Expenses of/for
business/interests of those interested
(a) Administration
in the estate
(b) Preservation of property
(b) Testator has not made sufficient
provision for payment of debts, etc.
(c) Sale of realty = beneficial to heirs, etc.
(d) Deceased, in his/her lifetime:
- Was bound under contract to
convey realty/an interest therein
- Held realty in trust for another
Authority to sell/mortgage estate property (S7)
1. Exec./admin files a petition, setting forth:
(a) Debts due, expenses of administration, legacies, etc.
(b) Value of personal estate; situation of property to be sold/mortgaged/encumbered
(c) Other facts showing that the sale, etc. is necessary/beneficial
2. Court fixes a time & place for hearing, gives written notice to interested persons
3. Authority granted by order of the court (if reqs. are complied w/)
XPN: BOND filed by interested party, conditioned for accounting of proceeds of sale, etc.
Gabriel vs. Encarnacion regulations re: sale, etc. are mandatory; failure to comply has the
effect of rendering the order authorizing the sale VOID
Cases: (a) Godoy vs. Orellano exec./admin is not authorized to sell, or contract to sell, any
property belonging to the estate w/o the authority of the probate court; such
contract is VOID
(b) CFI of Rizal v. CA probate court enjoys ample discretion in determining under
what conditions a particular sale would be most beneficial to all persons interested
(appellate courts are wont not to interfere [XPN: abuse of discretion])
(c) Jaroda vs. Cusi, Pahamotang vs. PNB notice req. = indispensable; if no notice
is given, the court's authority is invalid, & any order issued by it is VOID
R90 (distribution & partition of the estate)
Procedure
1. Pay debts, funeral expenses, allowance of surviving spouse, estate tax
XPN: Pay BOND conditioned upon payment of [] w/in SUCH TIME DIR. BY COURT
2. Distribute remainder

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Expenses of partition may be paid by


(a) EXECUTOR/ADMINISTRATOR out of assets in his/her hands, if sufficient
(b) THE PARTIES out of their respective shares (if assets of (a) are insufficient)
3. Certified copies of judgments/FOs re: realty/partition thereof = recorded in RoD
Re: other questions/issues Qs as to
(a) Advancements allegedly made to an heir: may be heard in the same proceeding
(b) Who the lawful heirs are; their shares: heard & decided as in ordinary cases
Partial distribution
Cases: (a) Gatmaitan vs. Medina partial distribution pending final termination of the
[in]testate proceedings is discouraged by the courts (XPN: extreme cases [+BOND
conditioned for payment of debts/expenses/estate tax])
(b) Quasha Pea vs. LCN Construction partial distribution = discretionary upon
the court (cf. R109 S2); such may be allowed where the estate has:
- Sufficient assets
- No outstanding obligations
Order of partition/distribution
Cases: (a) Torres vs. Encarnacion the probate court, having jurisdiction over the entire
estate, is the most logical authority to order distribution of the estate
(b) Imperial vs. Muoz an order of the probate court in [in]testate proceedings
approving a project of partition w/c clearly fixed the distributive shares of the heirs
is final and therefore appealable
Recognition of heirship
Cases: (a) Lopez vs. Lopez a person claiming to be an [acknowledged natural] child of a
deceased may simply intervene in the intestate proceedings to prove his/her status
as such and claim the right to share in the inheritance
(b) Guy vs. CA the trial court (despite the original action being a petition for letters
of administration) is not precluded from receiving evidence on filiation; its
jurisdiction extends to matters incidental & collateral to the exercise of powers in
handling the settlement of the estate, incl. determination of the status of each heir
R91 (escheats)
NO will & heirs ESTATE BECOMES PROPERTY OF THE STATE
Filed by SolGen or his representatives w/ the RTC!
Venue (S1) (a) Resident decedent: last residence
(b) Non-resident decedent: in w/c he/she had estate
Procedure (S2-3)
1. Order of hearing (date 6 MOS. after entry)
[+publication at least once a week for 6 successive weeks in a newspaper of gen. circ.]
Case: Hamilton vs. Brown judgment in escheat proceedings, when rendered
by a court of competent jurisdiction, is conclusive against all persons with
(actual/constructive) notice, but not against those not parties/privies thereto
2. Payment of debts & charges (if any)
3. Court adjudges that the estate shall escheat as follows:
(a) Personalty: municipality/city where deceased last resided
(b) Realty: municipalities/cities in w/c the same is situated
Additional rules:
- If deceased never resided in PH: the entire estate may be assigned to the
respective municipalities/cities where the same is located
- Est. of permanent trust: court may, at instance of interested party, or motu proprio
Purpose: so that only the income from the property may be used

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Claim to escheated property (S4) filed by heir w/in 5 YEARS from date of escheat judgment
Cases: In re: Estate of Lao Sayco, Republic vs. CA & Solano the person who lays claim to
the property left by the decedent as heir must prove his identity & rights
R109 (appeals in special proceedings) from J/O rendered by RTC (or J&DRC)
Appealable matters (& exceptions) (S1) [ADCAS-FINAL]
1. Allows/disallows a will
2. Determines the lawful heirs; their shares
3. Re: claims against the estate
4. Settles the account of exec./admin, trustee, guardian
5. Re: settlement of estate; administration of trustee/guardian, final determination of the
rights of party appealing (XPN: No appeal from appt of sp. adm. [sound discretion])
6. Final J/O in the case, affecting substantial rights of appellant (XPN: Order re: MR/NT)
Case: Republic vs. Nishina R109 contemplates multiple appeals during the pendency of
special proceedings (requiring [record on appeal + notice of appeal], as the original records of
the case should remain w/ the court below to enable the rest of the case to proceed in the event
that a separate & distinct issue is resolved by said court and held to be final)
Where no other matter remains to be heard & determined, no record of appeal is needed
Advance distribution (S2)
1. Re: settlement of estate
2. Notwithstanding a pending controversy/appeal (re: part of estate not affected by same)
3. Discretionary upon the court (& in terms it deems just/proper)
4. R90 applies

II. OTHER SPECIAL PROCEEDINGS


R99-100 (adoption & custody of minors)
(This section is lifted from the Deja Entendu Notes on Civil Law, with a few changes to
reflect a bigger focus on adoptions Remedial Law aspects.)
1. RA 8552, SC Rule on Adoption (A.M. No. 02-06-02-SC), etc. (domestic adoption)
Important provisions of the Rule on Adoption (feeling ko lang naman)
(a) Juris., venue (S6) FamCourt of province/city where prospective adopters reside
(b) Petitions for adoption, not limited to questions of adoption (S7) petition for adoption
may also contain an application for:
- Change of name
- Rectification of simulated birth
- Commitment of children ([in]voluntary)
- Declaration of child as abandoned/neglected/dependent
Overview (cf. RA 8552)
Adopter
1. Filipino citizen
(S7)
(a) of legal age
(b) w/ full civil capacity & legal rights
(c) of good moral character
(d) has not been convicted of any crime involving moral turpitude
(e) emotionally & psychologically capable of caring for children
(f) can support/care for children in keeping w/ means of the family
(g) at least 16 yrs. older than the adoptee
XPN: waivable when adopter is the

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biological parent of the adoptee


spouse of the adoptees parent

2. Alien
(a) same qualifications laid down for PH citizens
(b) aliens country has diplomatic relations w/ PH
(c) residency in PH for at least 3 continuous yrs. prior to filing of
application for adoption (+ maintenance thereof until adoption
decree is entered)
(d) certification of [1] legal capacity to adopt, & [2] allowance of aliens
government for adoptee to enter their country as the formers
adopted child (issued by aliens diplomatic/consular office, or any
appropriate government agency)
[XPN: (c) & (d) are waivable for the following aliens:]
- former Filipino seeking to adopt relative w/in 4th civil degree
- alien seeking to adopt legitimate child of Filipino spouse
- alien married to PH citizen, seeking to jointly adopt relative of
Filipino spouse w/in 4th civil degree
3. Guardian, w/ respect to the ward (after termination of guardianship &
clearance of guardians financial accountabilities)
GR:
Husband & wife shall jointly adopt
XPN: 1. One seeks to adopt a legitimate child of his/her spouse
2. One spouse seeks to adopt his/her own illegitimate child
Provided the other spouse consented thereto
3. Spouses are legally separated
1. Any person <18 y/o declared available for adoption (adm./jud.)
2. Legitimate son/daughter of one spouse (adopter: other spouse)
3. Illegitimate son/daughter (by a qualified adopter)
to improve his/her status to that of legitimacy
Adoptee
4. Person of legal age, if prior to the adoption, consistently considered &
(S8)
treated by adopter as his/her own child since minority
5. Child whose adoption has been previously rescinded
6. Child whose biological/adoptive parent(s) has/have died, provided that
no proceedings shall be initiated w/in 6 months from the time of death
of said parent(s)
1. Adoptee (10+)
2. Biological parent(s), if known; or legal guardian/proper government
instrumentality w/ legal custody of the child
3.
Legitimate/adopted children (10+) of adopter(s) & adoptee*
Consent
reqt (S9) 4. Illegitimate children (10+) of adopter if living w/ him/her & spouse*
5. Spouse of adopter or adoptee*
[* if any]
Consent is manifested by affidavit of consent!
Supervised trial custody period (S12):
1. Requisite for the granting of an adoption decree
2. At least 6 months
(a) Can be reduced motu proprio or upon motion if the court finds it to be in the
best interests of the adoptee (court shall state reasons therefor)
(b) The period is irreducible for aliens
XPN: The period may be reduced for aliens for whom the residency &
certification requirements are waivable (see previous page)

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3. Temporary parental authority is vested in the adopter(s)


1. Parental authority (S16) all legal ties between the biological parent(s)
& the adoptee are severed & vested on the adopter(s)
XPN: Spouse of adopter = biological parent
Effects of 2. Legitimacy (S17) adoptee is considered a legitimate child of the
adoption
adopter(s), w/ all the rights/obligations appertaining thereto
(S14, 16- 3. Succession (S18) in intestate succession, adopter(s) & adoptee have
18)
reciprocal successional rights w/o distinction from legitimate filiation
w/o prejudice to application of testamentary succession if the
adoptee & his/her biological parent(s) had left a will
4. Issuance of amended birth certificate; cancellation of original
Who files: adoptee (basis: adoption being in the childs best interest)
w/ DSWD assistance if a minor, or >18 but incapacitated
Q: If the adopter cannot rescind, what would his recourse be?
A: Disinheritance (Art. 919, CC [see discussion on Succession])
Grounds
1. Repeated physical & verbal maltreatment
2. Attempt on the life of the adoptee
3. Sexual assault/violence
Rescission
4. Abandonment & failure to comply w/ parental obligations
(S19-20)
Effects
1. Restoration of parental authority of biological parent(s), if known, (or
legal custody of the DSWD) if adoptee is still a minor or incapacitated
Reciprocal rights/obli. of adopter & adoptee = extinguished
2. Cancellation of amended birth certificate; restoration of original
3. Reversion of successional rights to its status prior to adoption
Only as of the date of judgment of rescission!
[vested rights acquired prior shall be respected]
2. RA 8043 (inter-country adoption)
(a) Inter-country adoption, defined (S3[a]): socio-legal process of adopting a Filipino
child by a foreigner or a PH citizen permanently residing abroad where the petition is
filed, supervised trial custody is undertaken, & the decree of adoption is issued
outside PH
(b) Inter-country adoption as last resort (S7): inter-country adoption will not be
entertained unless all possibilities for adoption in PH have been exhausted and intercountry adoption is in the best interests of the child
Adopter
Any alien or Filipino citizen permanently residing abroad:
(S9)
1. 27+
2. at least 16 yrs. older than the adoptee
XPN: (a) biological parent of the adoptee
(b) spouse of the adoptees parent
3. capacity to act & assume all rights/responsibilities of parental authority
under his/her national law
4. has undergone appropriate counselling in his/her country
5. has not been convicted of a crime involving moral turpitude
6. eligible to adopt under his/her national law
7. in a position to provide proper care/support, & give necessary moral
values/examples to all his children
8. agrees to uphold the basic rights of the child per PH law & UCRC
9. adopters country:

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(a) has diplomatic relations w/ PH


(b) maintains a body similar to the Inter-Country Adoption Board
(c) allows adoption in its laws
10. possesses all the qualifications & none of the disqualifications under
this law (& in other applicable laws)
11. if married, spouse must jointly file
Legally free child:
1. Legally free voluntarily/involuntarily committed to the DSWD as
dependent, abandoned, neglected in accordance w/ the Child & Youth
Welfare Code (CYWC):
(a) Dependent (Art. 141(1), CYWC): w/o a parent, guardian, or
custodian; or one whose parents/guardian/other custodian for good
cause desires to be relieved of his care and custody; & is
Adoptee
dependent upon the public for support
(S8)
(b) Abandoned (Art. 141(2), CYWC): no proper parental
care/guardianship, or whose parents/guardians have deserted him
for a period of at least 6 continuous months
(c) Neglected (Art. 141(3), CYWC): basic needs have been
deliberately unattended or inadequately attended; neglect may be
physical or emotional
2. Child any person below 15 y/o
By biological/adopted children (10+)
Consent
1. In writing
reqt (S10)
2. In the form of a sworn statement
Supervised trial custody period (S14)
1. Entity vested w/ custody:
(a) governmental agency; or
(b) authorized & accredited (private) agency
... in the country of the adopter(s)
2. Period: 6 months from the time of placement
3. Only after the lapse of the period can the adoption decree be issued
3. Custody of minors
Rules on Custody of Minors (& HC re: custody of minors) (A.M. No. 03-04-04-SC)
Jurisdiction, venue RTC/FamCourt of province/city where:
(a) Petitioner resides, or
(b) Where minor may be found
Rules on petition verified (Pati ba answer?)
No MTD (XPN: re: lack of jurisdiction)
Case study (discretionary upon the court; may)
Pre-trial, mediation
Provisional custody
Best interests of the child
HDO (ex parte) motu proprio/upon application
Protection order
Order of preference re: custody judgment
(a) Both parents
(b) Either parent, if the other is unfit
(c) Grandparents, or grandparent chosen by minor >7 w/ sufficient discernment
XPN: when grandparent chosen = unfit
(d) Eldest sibling >21 y/o (XPN: when unfit!)

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(e) Any other person/institution as the court may deem suitable


Appeal by notice of appeal (so R41? )
(AM No. 02-11-12-SC Procedure on Custody in Petitions for Declaration of Absolute Nullity or
Void Marriages or Legal SeparationSecs. 1, 4-6)
(AM No. 02-A-19-SC Custody of Vagrant or Abused ChildrenSecs. 4-6)
Briones v. Miguel, G.R. No. 156343, 18 October 2004
Sy v. CA, 541 SCRA 371 (2007)
R103 (change of name)
Valid grounds
Republic v. CA, et al., G.R. No. 97906, 21 May 1992
Silverio v. Republic, G.R. No. 174689, 22 October 2007
People v. Cagandahan, G.R. No. 166676, 12 September 2008
Procedure
Republic v. Aquino, 90 SCRA 172 (1979)
Republic v. Marcos, 182 SCRA 223 (1990)
RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father)
In Re: Petition of Julian Wang, GR 159966, March 30, 2005
Republic v. Capote, GR 157043, February 2, 2007
RAs 9048 & 10172 (Clerical Error Law)
RA 9048 originally dealt w/ clerical/typo errors; changes in first names & nicknames; RA
10172 added changes of sex, & in month/day of birth
Clerical error, defined: mistake committed in the performance of clerical work in
writing/copying/transcribing/typing an entry in the civil register that [is]:
1. HARMLESS & INNOCUOUS (e.g. misspelled name, place of birth, mistake in the entry
of day & month in the DOB, or mistake in the sex of the person, etc.);
2. VISIBLE TO THE EYES or OBVIOUS TO THE MISUNDERSTANDING; &
3. Correctible ONLY BY REFERENCE TO OTHER EXISTING RECORD(S)
provided that no correction must involve the change of nationality/age/status of the petitioner
CAN A PERSON HAVE AN ENTRY IN A CIVIL REGISTER CHANGED?
GR:
XPN
:

No entry in a civil register shall be changed or corrected w/o judicial order


1. Clerical/typographical errors
2. Change of first name/nickname
where it is patently clear that there
3. Change of day & month in the
was
a
clerical/typographical

DOB
error/mistake in the entry
4. Change of sex of a person
which can be corrected/changed by the concerned city/municipal civil registrar or
consul general in accordance w/ the provisions of RA 9048 as amended by RA
10172 & the IRR (Sec. 1, as amended)

HOW CAN AN ENTRY IN A CIVIL REGISTER BE CHANGED, AND BY WHOSE INITIATIVE?


1. Any [natural (Sec. 2(2))] person having direct & personal interest in the correction of a

clerical/typographical error in an entry and/or change of first name/nickname may file, in


person, a verified petition w/ the city/municipal civil register or consul general.

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2. Any person of legal age, having direct and personal interest in the correction of a clerical

or typographical error in the day and/or month in the date of birth of a person in the civil
register for birth, may file the petition.
A person is considered to have direct and personal interest when [s]he is the:
Owner of the record; or
The owner's spouse, child, parent, brothers, sister, grandparent, guardian; or
Any other person duly authorized by law or by the owner of the document
sought to be corrected
provided that when a person is a minor or physically or mentally incapacitated, the
petition may be filed on his/her behalf by his/her spouse, or any of his/her children,
parents, brothers, sisters, grandparents, guardians, or persons duly authorized by law.
(IRR, Rule 3)
3. For correction of a clerical or typographical error in sex, the petitioner affected by such
error shall personally file the petition with the civil registry office where the birth
certificate is registered. (IRR, Rule 3)
+ a certification from the appropriate law enforcement agencies that he has no pending case or
no criminal record. (Sec. 3) Note that all petitions may be availed of only once. (Sec. 5, as
amended)
RE: change of name
Change shall be reflected in the birth certificate by way of marginal annotation
In case there are other civil registry records of the same person which are
affected by such change, the decision of approving the change of first name in
the birth certificate, upon becoming final and executory, shall be sufficient to be
used as basis in changing the first name of the same person in his other affected
records w/o need for filing a similar petition; successful petitioner need only file a
written request/ the concerned C/MCR, CG or D/CR to make such marginal
annotation, attaching thereto a copy of the decision. (2001 IRR, Rule 12)
WHERE CAN IT BE DONE?
For correction of clerical/typographical error in an entry and/or change of first name or
nickname, or in the entry of the day and/or month in the date of birth:
If petitioner resides/is domiciled in the
city/municipality where the record is
kept
If petitioner has already migrated to
another place in the country & it would
not be practical for him/her, in terms of
transportation expenses, time, & effort, to
appear in person
If petitioner is presently residing/domiciled
in a foreign country

w/ the local civil registry office of the


city/municipality where the record sought to
be corrected/changed is kept
w/ the local civil registrar of the place
where the interested party is presently
residing/domiciled; the two local civil
registrars concerned will then communicate
to facilitate the processing of the petition
w/ the nearest Philippine Consulate (Sec.
5, as amended)

For correction of clerical and typographical error in the entry of sex:


The verified petition shall be filed, in person, with the civil register of the city or municipality or
the Philippine Consulate, as the case may be where the record containing the entry of sex in
the birth certificate to be corrected is registered. (IRR, Rule 4)

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IN WHAT FORM MUST THE PETITION BE? WHAT SHOULD IT CONTAIN?


The petition must be in the form of an affidavit, subscribed and sworn to before any person
authorized by law to administer oaths, and is to:
1. Set forth facts necessary to establish the merits of the petition;
2. Show affirmatively that the petitioner is competent to testify to the matters stated; &
3. State the particular erroneous entry/entries to be corrected and/or the change to be
made. (Sec. 5, as amended)
Petitions for change of first name/nickname must be based on the following grounds:
1. Petitioner finds the first name/nickname to be ridiculous, tainted with dishonor, or
extremely difficult to write or pronounce;
2. New first name/nickname = habitually used by petitioner, and he has been publicly
known by that first name/nickname in the community; or
3. Change will avoid confusion. (Sec. 4)
The petition shall be supported w/ the following documents:
1. Certified true machine copy of the certificate/page of the registry book containing the
entry/entries to be corrected/changed;
2. At least two (2) public/private documents showing the correct entry/entries upon w/c the
correction/change shall be based; &
3. Other documents w/c may be considered relevant and necessary (by the petitioner or
the civil registrar) for the approval of the petition. (Sec. 5, as amended)

If petition is for
name/nickname

change

of

+
above
requirements
+
clearance/certification that the owner of the
document
has
no
pending
administrative/civil/criminal case, or no
criminal record, w/c shall be obtained from
the: (a) employer, if employed; (b) NBI; (c)
PNP + affidavit of publication from the
publisher and a copy of the newspaper
clipping (2001 IRR, Rule 8)
above requirements + earliest school
record/documents,
medical
records,
baptismal certificate and other documents
issued by religious authorities + affidavit of
publication from the publisher and a copy of
the newspaper clipping (IRR, Rule 6)
above requirements + earliest school
record/documents, etc. + a certification
issued by an accredited government
physician attesting to the fact that the
petitioner has not undergone a sex
change/transplant procedure (Sec. 5, as
amended) + affidavit of publication from the
publisher and a copy of the newspaper

first

If petition is for correction of erroneous


entry concerning DOB
If petition is for correction of erroneous
entry concerning sex

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clipping (IRR, Rule 6)


The petition + supporting papers must be filed in three (3) copies:
1. First copy = concerned city/municipal civil registrar, or consul general
2. Second copy = Office of the Civil Registrar General
3. Third copy = petitioner (Sec. 5, as amended)
The petition shall be published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation. (Sec. 5, as amended) [see also posting requirement c/o
C/MCR in later pages]
RE: migrant petitioners petition to be posted first at the office of the PRCR for ten
(10) consecutive days before sending it to the RKCR, who shall, upon receipt, post
same at his office for another ten (10) consecutive days; when the petition is for
change of first name, migrant petitioner shall publish the petition in a newspaper of
general & national circulation.
RE: petitioner in foreign country Posting and/or publication, as the case may be,
shall be done in the place where the petition is filed & in the place where the record
sought to be corrected is kept. (2001 IRR, Rule 9)
The city/municipal registrar (or the consul general, as the case may be) is authorized to collect
reasonable [filing] fees as a condition for accepting the petition. An indigent petitioner shall be
exempt therefrom. (Sec. 8, as amended)
Fees = to accrue to
Funds of the Local Civil Registry Office concerned; or
Office of the Consul General
for modernization of the office, hiring of new personnel, and procurement of supplies;
subject to government accounting & auditing rules. (Sec. 8, as amended)
For petitions to correct a clerical/
typographical error
For
petitions
for
change
of
first
name/nickname

P1,000; indigent petitioner = exempt


P3,000; indigent petitioner = exempt

For petitions
General

filed

with

the

Consul

For migrant petitions

For petitions to correct the day and/or


month in the DOB and for change of sex

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Correction of clerical/typographical error:


$50 or its equivalent value in local
currency in petitions
change of first name/nickname: $150 or its
equivalent value in local currency
Correction of clerical/typographical error:
P500 service fee (+ filing fee in the form of
postal money order or other form of
payment to be transmitted to the RKCR)
change of first name/nickname: P1,000
service fee (+ filing fee in the form of
postal money order or other form of
payment to be transmitted to the RKCR)
P3000; indigent petitioner = exempt, provided
the petition is supported by a certification from
the City/Municipal Social Welfare Office that
the petitioner/document owner is indigent

[DEJA ENTENDU NOTES] [SpecPro] [v.1.0, 2016]


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For petitions filed with the Consul


General
For migrant petitions
When petitioner/document owner files a
petition under RA 9078 simultaneously w/
one under RA 10172, involving the same
document
(2001 IRR, Rule 18; IRR, Rule 10)

$150 or its equivalent value in local currency


P1,000 service fee collected by the PRCR
P3,000, corresponding to the fee under RA
10172

WHAT HAPPENS UPON SUBMISSION OF THE PETITION?


The civil registrar/consul general to whom the petition is presented must (in order):
1. Examine the petition + supporting documents;
2. Post the petition in a conspicuous place provided for the purpose for ten (10)
consecutive days after finding the petition + supporting documents sufficient in form &
substance;
3. Act on the petition and render a decision not later than five (5) working days after the
completion of the posting and/or publication requirement;
Grounds for denying a petition for correction of clerical/typographical error:
Supporting documents = not authentic and genuine;
C/MCR has personal knowledge that a similar petition is filed or pending
in court or in any other LCRO;
Petition involves the same entry in the same document, w/c was
previously corrected or changed;
Petition involves the change of the status/sex/age/nationality of
petitioner/any person named in the document; and
Such other grounds as the C/MCR may deem not proper for correction.
(2001 IRR, Rule 5)
Grounds for denying a petition for change of first name/nickname:
First name/nickname sought to be changed is neither ridiculous, nor
tainted with dishonor nor extremely difficult to write or pronounce;
New first name or nickname sought to be adopted has not been habitually
& continuously used by the petitioner, & he has not been publicly known
by that first name/nickname in the community; and
No confusion to be avoided or created. (2001 IRR, Rule 5)
4. Transmit a copy of the decision + records of the proceedings to the Office of the Civil
Registrar General w/in five (5) working days from the date of the decision. (Sec. 6)
FAVORABLE DECISION
The Civil Registrar General shall, w/in ten (10)
working days from receipt of the decision
granting the petition, exercise the power to
impugn such decision by way of an objection
based on the following grounds:

UNFAVORABLE DECISION
In case the petition is denied by the
city/municipal civil registrar or the consul
general, petitioner may:
1. Appeal same to Civil Registrar General
within ten (10) working days after the
receipt of the city/municipal civil
registrars decision; or
2. File the appropriate petition w/ the

1. The error is not clerical/typographical;


2. The correction of an entry/entries in the
civil register is substantial/controversial

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as it affects the civil status of persons;


or
3. The basis used in changing the first
name/nickname does not fall under
those mentioned in Sec. 4 (Sec. 7)

proper court. (Sec. 7)


Grounds of appeal:
1. New evidence is discovered that may

affect/alter/modify/reverse the decision


of the C/MCR when presented;
2. Denial of the C/MCR is erroneous/not
supported w/ evidence; or
3. Grave abuse of authority or discretion
on the part of the C/MCR. (2001 IRR,
Rule 14)
Rules on appeal:
1. The

C/MCR shall, within five (5)


working days after the receipt of the
notice of appeal from the petitioner,
submit the petition and all supporting
documents to the CRG;
2. The CRG shall render decision on the
appeal within thirty (30) calendar days
after receipt thereof;
3. The decision of the CRG shall be
transmitted to the concerned C/MCR
within ten (10) working days after the
date of the decision; and
4. Within ten (10) working days after
receipt of the decision, the C/MCR
shall notify the petitioner and shall
carry out the decision. (2001 IRR, Rule
14)
Rule on failure to seasonably appeal:
When the petitioner fails to seasonably file the
appeal, the decision of the C/MCR
disapproving the petition shall become final
and executory, & the only option left for the
petitioner shall be to file the appropriate
petition with the proper court. (2001 IRR, Rule
14)
The Civil Registrar General shall immediately notify the city/municipal civil registrar or consul
general of the action taken on the decision. Upon receipt of the notice thereof, the latter shall
notify the petitioner of such action. The petitioner may either seek reconsideration w/ the Civil
Registrar General or file the appropriate petition w/ the proper court. (Sec. 7)
If the Civil Registrar General fails to exercise his power to impugn the decision of the
city/municipal civil registrar or of the consul general within the 10-day period, the decision
becomes final & executory. (Sec. 7)
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Batbatan v. Office of Local Civil Registrar, 118 SCRA 745 (1982)


Lee v. CA, 367 SCRA 110
Republic v. Kho, et al., G.R. No. 170340, 29 June 2007
Kilosbayan Foundation v. Ong, G.R. No. 177721, 3 July 2007
R108 (cancellation/ correction of entries in the civil registry)
Republic v. Belmonte, 158 SCRA 173 (1988)
Tan Co v. Civil Register, GR 138496, February 23, 2004
Braza et. al., v. Civil Registrar et. al., 607 SCRA 638 (2009)
Gerbert Corpuz v. Sto. Tomas, GR 186571, August 11, 2010

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