COMPARATIVE TABLE ON JURISDICTION AND VENUE IN SPECIAL PROCEEDINGS

KIND OF SPECIAL PROCEEDINGS

JURISDICTION AND VENUE

1. Settle of Estate (Rule 73)

1. RTC or MTC (depending on the gross value of

the estate) of the province where the deceased
last resided.
2. In case the decedent is non-resident of the
Philippines at the time of his death, venue lies in
any province in which he had an estate

2. Escheat (Rule 91)

1. RTC of province where the deceased last

resided.
2. In case the decedent is a non-resident of the
Philippines at the time of his death, venue lies in
any province in which he had an estate.

3. Guardianship
a. Rule on Guardianship of Minors (A.M. No.
03-02-05-SC)

1. Family Court of province or city where the minor

actually resides.
2. If the minor resides in a foreign country, in the
Family Court of the province or city where his
property or any part thereof is situated.

b. Guardianship over incompetent persons

who are not minors under the Rules of Court
(Rule 92-97)

4. The Rules of Adoption (A.M. No. 02-6-02-SC)

a. If filed under the Domestic Adoption Act
(R.A. No. 8552)

1. RTC of the province or city where incompetent

person last resided.
2. If the incompetent person resides in a foreign
country, in the Family Court of the province or
city where his property or any part thereof is
situated.
1. Family Court of province or city where
prospective adoptive parents reside.
2. If the petition is for Rescission of Adoption of the
Adoptee - Family Court of the city or province
where the adoptee resides. (Sec. 19)

b. If filed under the Inter-Country Adoption Act 1. Family Court having jurisdiction over the place
(R.A. No. 8043)
where the child resides or may be found (filed by
a foreign national or Filipino citizen permanently
residing abroad).
2. It may be filed directly with the Inter-Country
Adoption Board.
5. Habeas Corpus
a. Habeas Corpus for illegal confinement or
detention (Rule 102)

b. Habeas Corpus for custody of minors (A.M.

No. 03-04-04 SC)

1. If filed with RTC, where the person is detained.

SC, CA, and RTC have concurrent jurisdiction.
*The writ of habeas corpus issued by the RTC shall
be enforceable only within its judicial region (Sec.
21, B.P. Blg. 129).
1. Family courts have exclusive jurisdiction (Family
Courts Act of 1997 [R.A. No. 8309]).
2. Under the Rule on Custody of Minors and Writ of
Habeas Corpus in relation to Custody of Minors
(A.M. No. 03-04-04-SC), the petition may be
filed with SC, CA or any of its members, and, if
so granted, the writ shall be enforceable
anywhere in the Philippines.

6. Amparo (A.M. No. 07-9-12-SC)

SC, CA and Sandiganbayan, RTC

If with the RTC:
The place where the threat, act or omission was
committed or any of its elements occured. (Sec. 3)

7. Habeas Data (A.M. No. 08-1-16-SC)

SC, CA and Sandiganbayan when the action

concerns public data or files of government offices
If with the RTC:
1. where petitioner resides; or
2. where respondent resides; or
3. that which has jurisdiction over the place where
data or information is gathered, collected or
stored, at the option of petitioner. (Sec. 3)

8. Change of Name (Rule 103)

RTC of the province where the petitioner resides.

(Sec. 1)

9. Absentees (Rule 107)

RTC of place where absentee resided before his

disappearance. (Sec. 1)

DISTINGUISH EXTRAJUDICIAL SETTLEMENT UNDER SECTION 1 FROM SUMMARY

SETTLEMENT OF ESTATES OF SMALL VALUE UNDER SECTION 2 OF RULE 74.
The distinctions are as follows:
EXTRAJUDICIAL SETTLEMENT

SUMMARY SETTLEMENT

1. Does not require court intervention

Requires summary court adjudication.

2. The value of the estate is immaterial.

Applicable where the gross value of the estate is

P10,000.00. The amount is jurisdictional.

3. Allowed only in intestate succession.

Allowed in both testate and intestate estates.

4. Proper when there are no outstanding debts of

the estate at the time of the settlement.

Available even if there are debts.

5. Instituted by agreement of all heirs.

Instituted by any interested party and even by a

creditor of the estate, without the consent of all the
heirs.

B. DISTINCTIONS BETWEEN R.A. NO. 8552 AND R.A. NO. 8043

Adoption Laws

Republic Act No. 8552

Republic Act No. 8043

Short Title

Domestic Adoption Act of 1998

Inter-Country Adoption Act of

1995

Kind

Judicial Adoption

Extrajudicial Adoption

Promulgation

February 25, 1998

June 7, 1995

Coverage

R.A. No. 8552 amended Articles

183 up to 193 of the Family Code
of the Philippines and is the
governing law for Filipino citizens
adoption other Filipinos (whether
relatives or strangers) with some
exceptions. Rescission of
adoption is no longer allowed
under R.A. No. 8552.

Definition of Child

Child is a person below eighteen Child means a person below

(18) years of age.
fifteen (15) years of age unless
sooner emancipated by law.

Who may adopt?

The following may adopt:

(a) Any Filipino citizen;
(b) Any alien possessing the
same qualifications as above
stated for Filipino nationals;
(c) The guardian with respect to
the ward.

R.A. No. 8043, on the other hand,

governs the adoption of Filipinos
by foreigners, and is implemented
by the Inter-Country Adoption
Board.

An alien or a Filipino citizen

permanently residing abroad may
file an application for inter-country
adoption of a Filipino child.

Qualifications

Filipino Citizen

(a) Is at least twenty-seven (27)

years of age and at least
(a) Legal age, in possession of
sixteen (16) years older than
full civil capacity and legal
the child to be adopted, at the
rights
time of application unless the
(b) Of good moral character, has
adopter is the parent by
not been convicted of any
nature of the child to be
crime involving moral
adopted or the spouse of such
turpitude;
parent;
(c) Emotionally and
(b) If married, his/her spouse
psychologically capable of
must jointly file for the
caring for children; and
adoption;
(d) At least sixteen (16) years
(c) Has the capacity to act and
older than the adoptee
assume all rights and
(waived when the adopter is
responsibilities of parental
the adoptee, or is the spouse
authority under his national
of the adoptees parent).
laws, and has undergone the
appropriate counseling from
Alien
an accredited counselor in
his/her country;
(a) Same as the qualifications of
(d) Has not been convicted of a
Filipino citizen;
crime involving moral
(b) His/her country has diplomatic
turpitude;
relations with the Republic of
(e) Is eligible to adopt under
the Philippines;
his/her national law;
(c) That he/she has been living in (f) Is in a position to provide the
the Philippines for at least
proper care and support and
three (3) continuous years
to give the necessary moral
prior to the filing of the
values and example to all his
application for adoption and
children, including the child to
maintains such residence until
be adopted;
the adoption decree is
(g) Agrees to uphold the basic
entered;
rights of the child as embodied
(d) He/she has been certified by
under Philippine laws, the
his/her diplomatic or consular
U.N. Convention on the Rights
office or any appropriate
of the Child, and to abide by
government agency that
the rules and regulations
he/she has the legal capacity
issued to implement the
to adopt in his/her country;
provisions of this Act;
and
(h) Comes from a country with
(e) His/her government allows the
whom the Philippines has
adoptee to enter his/her
diplomatic relations and
country as his/her adopted
whose government maintains
son/daughter.
a similarly authorized and
accredited agency and that
adoption is allowed under
his/her national laws; and
(i) Possesses all the
qualifications and non of the
disqualifications provided
herein and in other applicable
Philippine laws. (Sec. 9)

Residency and certification of the

aliens qualification to adopt in
his/her country may be waived for
the following:
(i) A former Filipino citizen who
seeks to adopt a relative
within the fourth (4th) degree
of consanguinity or affinity;
(ii) One who seeks to adopt the
legitimate son/daughter of
his/her Filipino spouse;
(iii) If one spouse seeks to adopt
his/her own illegitimate
son/daughter: Provided,
however, That the other
spouse has signified his/her
consent thereto; and
(iv) If the spouses are legally
separated from each other.
In case husband and wife jointly
adopt, or one spouse adopts the
illegitimate son/daughter of the
other, joint parental authority shall
be exercised by the spouses.
Guardian
Only after the termination of the
guardianship and clearance of
his/her financial accountabilities
(Sec. 7)

Who may be adopted?

The following may be adopted:

Only a legally free child may be
(a) Any person below eighteen
the subject of inter-country
(18) years of age who has
adoption. (Sec. 8)
been administratively or
judicially declared available for
adoption;
(b) The legitimate son/daughter of
one spouse by the other
spouse;
(c) An illegitimate son/daughter
by a qualified adopter to
improve his/her status to that
of legitimacy;
(d) A person of legal age if, prior
to adoption, said person has
been consistently considered
and treated by the adopter(s)
as his/her own child since
minority;
(e) A child whose adoption has
been previously rescinded; or
(f) A child whose biological or
adoptive parent(s) has died:
Provided, That no proceedings
shall be initiated within six (6)
months from the time of death
of said parent(s). (Sec. 8)

Where to File the Application?

Family Court of the place where

the adopter resides

What may be included in the

petition?

May include prayer for change of Only petition for adoption.

name, rectification of simulated
birth or declaration that the child is
a foundling, abandoned,
dependent or neglected child

Is there a need to include

income tax returns, police
clearance, character reference,
family picture, birth certificate
of adopter?

Not required

What law will apply when a

R.A. No. 8552 will apply.
foreigner who is married to a
Filipino citizen seeks to adopt
jointly with his/her spouse a
relative within the fourth degree
of consanguinity or affinity of
the Filipino spouse?

RTC having jurisdiction over the

child, or with the Inter-Country
Adoption Board, through an
intermediate agency, whether
governmental or an authorized
and accredited agency, in the
country of the prospective
adoptive parents. (Sec. 10)

Required to be annexed to the

petition

R.A. No. 8043 does not apply.

Supervised Trial Custody

Supervised trial custody period in

the Philippines for at least six (6)
months (court may reduce period
or exempt parties from trial
custody). (Sec. 12)

Supervised trial custody period in

the Philippines for at least six (6)
months. (Sec. 14)

Penalty for any government

official, employee or
functionary who shall be found
guilty of violating any of the
provisions of this adoption
laws

Shall automatically suffer

suspension until the resolution of
the case.

Same. (Sec. 17)

A. DISTINCTION BETWEEN WRITS OF HABEAS CORPUS, AMPARO, AND DATA:

WRIT OF

HABEAS CORPUS

AMPARO

HABEAS DATA

LEGAL BASIS

The Rule was drafted

pursuant to the Supreme
Courts constitutional
power to promulgate
ruled for the protection
and enforcement of
constitutional rights.
(Constitution, Art. VIII,
Sec. 5[5])

Same

Same

GOVERNING LAW

Rule 102

A.M. No. 07-9-12-SC

A.M. No. 08-1-16-SC

DEFINITION

Habeas Corpus is a
Latin phrase which
literally means you have
the body. Basically, it
isa writ directed to the
person detaining
another, commanding
him to produce the body
of the prisoner at a
designated time and
place, with the day and
cause of his capture and
detention, to do, submit
to, and receive
whatsoever the court or
judge awarding the writ
shall consider in that
behalf.

It is a remedy available
to any person whose
right to life, liberty, and
security has been
violated or is threatened
with violation by an
unlawful act or omission
of a public official or
employee, or of a private
individual or entity. The
writ covers extralegal
killings and enforced
disappearances or
threats thereof.

It is a remedy available
to any person whose
right to privacy in life,
liberty, and security is
violated or threatened by
an unlawful act or
omission of a public
official or employee, or of
a private individual or
entity engaged in the
gathering, collecting or
storing of data or
information regarding the
person, family, home,
and correspondence of
the aggrieved party.

REMEDY FOR

Section 1
To all cases of illegal
confinement or
detention:
1. By which any person
is deprived of his
liberty; or
2. By which the rightful
custody of any
person is withheld
from the person
entitled thereto.

EFFECTIVITY

The Rule took effect on 1 The Rule took effect on

July 1997.
24 October 2007.

The Rule took effect on 2

February 2008.

PETITIONER

Section 3
By the party for whose
relief it is intended, or by
some other person in his
behalf.

Section 2
By the aggrieved party,
or by any qualified
person or entity in the
order provided in Section
2.

Section 2
General rule:
The aggrieved party
Except:
In cases of extralegal
killings and enforced
disappearances:
1. Immediate family;
2. In default of No. 1,
ascendant,
descendant or
collateral relative
within the 4th civil
degree of
consanguinity or
affinity.

VENUE

Section 2
Where the plaintiff
resides or where the
defendant resides, or in
the case of non-resident
defendant, where he
may be found, at the
election of the plaintiff

Section 3
SC, CA, and SB:
Manila;
RTC of the place where
the threat, act or
omission was committed
or any of its elements
occured.

1. Where the petitioner

resides;
2. Where the
respondent resides;
3. Which has
jurisdiction over the
place where data or
information is
gathered, etc.
All at the option of the
petitioner.

EXTENT OF
ENFORCEABILITY

SC, CA, and SB:

anywhere in the
Philippines
RTC: only within its
judicial district

Anywhere in the
Philippines

Anywhere in the
Philippines

WHEN TO FILE

Section 2
On any day and at any
time

Section 3
On any day and at any
time

Section 1
To any person whose
right to life, liberty, and
security is violated or
threatened with violation
by an unlawful act or
omission of a public
official or employee, or of
a private individual or
entity.

Section 1
To any person whose
right to privacy in life,
liberty and security is
violated or threatened
with violation by an
unlawful act or omission
of a public official or
employee, or of a private
individual or entity
engaged in:
1. Gathering
2. Collecting
3. Storing of data or
information regarding
the person family,
home, and
correspondence of
the aggrieved party.

DOCKET FEES AND

OTHER LAWFUL FEES

Section 4
Exempt

Section 5
Exemption only applies
to an indigent petitioner.

Section 5
Signed and verified

Section 6
Verified written petition

REQUISITES OF
PETITION

Section 3
Signed and verified

ISSUANCE OF THE
WRIT

Section 5
Section 6
When it appears, it ought When in its face ought to
to be issued immediately issue immediately

Section 7
When in its face ought to
issue immediately
However, there should
be service within three
days.

SUMMARY HEARING

Section 12
Hearing on return

Section 6
Not later than 7 days
from the date of its
issuance

Section 7
Not later than 10 days
from the date of its
issuance.

MANNER OF SERVICE

Section 7
Service of the writ shall
be made by leaving the
original with the person
whom it is directed and
preserving a copy on
which to make return of
service. If that person
cannot be found, or was
not the prisoner in
custody then the service
shall be made on any
person having or
exercising such custody.

Section 8
If the writ cannot be
served personally on the
respondent, the rules on
substituted service shall
apply.

Section 9
If the writ cannot be
served personally on the
respondent, the rules on
substituted service shall
apply.

CONTENTS OF
RETURN

Section 10
Signed and shall also be
sworn to if the prisoner is
not produced.

Section 9
Verified written return period to file cannot be
extended except on
highly meritorious
ground;

Section 9
Verified written return may be reasonably
extended by the court for
justifiable grounds;

PENALTIES

Section 16
Clerk of a court who
refuses to issue the writ;
Person to whom writ is
directed, who neglects or
refuses to obey or make
return of the same
according to the
command thereof, or
makes false return
thereof, refuses to
deliver to the person
demanding, within six (6)
hours after the demand
of a true copy of the
warrant or order of
commitment.
Penalties:
a. forfeit to the party
aggrieved the sum of
one thousand pesos,
to be recovered in a
proper action;
b. contempt.

Section 7
Section 8 and 11
1. Clerk of court who
Same with Writ of
refuses to issue the
Amparo
writ;
2. Deputized person
who refuses to serve
the same;
Penalty = contempt
without prejudice to other
disciplinary actions.
Section 16
1. Respondent who
refuses to make a
return, or makes a
false return;
2. Any person who
disobeys or resists a
lawful process or
order of the court.
Penalties:
a. Contempt;
b. Imprisonment;
c. Fine.

WHEN DEFENSES MAY none

BE HEARD IN
CHAMBERS

none

Section 12
May be heard in
chambers

PROHIBITED
PLEADINGS AND
MOTIONS

Section 11
a. Motion to dismiss;
b. Motion for extension
of time to file return,
opposition, affidavits,
position paper and
other pleadings;
c. Dilatory motion for
postponement;
d. Motion for a bill of
particulars;
e. Counterclaim or
cross-claim;
f. Third-party
complaint;
g. Reply;
h. Motion to declare
respondent in
default;
i. Intervention;
j. Memorandum;
k. Motion for
reconsideration of
interlocutory orders
or interim relief
orders; and
l. Petition for certiorari,
mandamus or
prohibition against
any interlocutory
order.

Section 13
a. Motion to dismiss;
b. Motion for extension
of time to file
opposition, affidavit,
position paper and
other pleadings;
c. Dilatory motion for
postponement;
d. Motion for a bill of
particulars;
e. Counterclaim or
cross-claim;
f. Third-party
complaint;
g. Reply;
h. Motion to declare
respondent in
default;
i. Intervention;
j. Memorandum;
k. Motion for
reconsideration of
interlocutory orders
or interim relief
orders; and
l. Petition for certiorari,
mandamus or
prohibition against
any interlocutory
order.

EFFECT OF FAILURE
TO FILE A RETURN

Section 12
In case the respondent
fails to file a return, the
court, justice or Judge
shall proceed to hear the
petition ex parte

SUMMARY HEARING

Section 13
Section 15
The hearing on the petition The same with Writ of
shall be summary.
Amparo
However, the court, justice
or judge may call for a
preliminary conference to
simplify the issues and
determine the possibility of
obtaining stipulations and
admissions from the
parties.
The hearing shall be from
day to day until completed
and give the same priority
as petition for habeas
corpus

Section 14
In case the respondent
fails to file a return, the
court, justice or Judge
shall proceed to hear the
petition ex parte,
granting the petitioner
such relief as the petition
may warrant unless the
court in its discretion
requires the petitioner to
sumbit evidence

INTERIM RELIEFS

Section 12
1.unless for good cause
shown, the hearing is
adjourned, in which
event the court shall
make an order for the
safekeeping of the
person imprisoned or
restrained as the
nature of the case
requires;
2.The court or judge
must
be
made
satisfied that the
persons illness is so
grave that it cannot be
produced without any
danger

Section 14
A.Temporary Protection
Order.
- the court, justice or
judge, upon motion or
motu proprio, may
order
that
the
petitioner
or
the
aggrieved party and any
member
of
the
immediate family be
protected
in
a
government agency or
by an accredited person
or private institution
capable of keeping and
securing their safety. If
the petitioner is an
organization,
association
or
institution referred to in
Section 3 of the Rule,
the protection may be
extended to the officers
involved.
The Supreme Court
shall
accredit
the
person and private
institution that shall
extend
temporary
protection
to
the
petitioner
of
the
aggrived party and any
member
of
the
immediate family, in
accordance
with
guidelines which it shall
issue.
The accredited person
and private institution
shall comply with the
rules and conditions
that may be imposed by
the court, justice or
judge.
b. Inspection Order
- The court, justice of
judge upon verified
motion and after due
hearing, may order any
person in possession of
control of a designated
land or other property,
to permit entry for the
purpose if inspecting,

measuring, surveying,
or operation thereon.
The motion shall state
in detail the place or
places to be inspected.
It shall be supported by
affidavits or testimonies
of witnesses having
personal knowledge of
the
enforced
disappearance
or
whereabouts of the
aggrieved party. It the
motion is opposed on
the ground of national
security or of the
privileged nature of the
information, the court,
justice, or judge may
conduct a hearing in
chambers to determine
the merit of the
opposition. The movant
must show that the
inspection order is
necessary to establish
the right of the
aggrieved party alleged
to be threatened or
violated. The inspection
order shall specify the
person or persons
authorized to make the
inspection and the
date, time, place and
manner of making the
inspection and may
prescribe
other
conditions to protect
the constitutional right
of all parties. The order
shall expire five (5) days
after the date of its
issuance,
unless
extended for justifiable
reasons.
c. Production Order.
- The court, justice or
judge, upon verified
motion and after due
hearing, may order any
person in possession,
custody or control of
any
designated
documents,
papers,
books,
accounts,
letters,
photographs,

objects or tangible
things, or object in
digitized or electronic
form, which constitute
or contain evidence
relevant to the partition
or the return, to
produce and permit
their
inspection,
copying
or
photographing by or on
behalf of the movant.
The motion may be
opposed
on
the
opposed on the ground
of national security or
of 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
opposition.
d. Witness Protection
Order.
- The court, justice or
judge upon motion or
motu proprio, may refer
the witnesses to the
Department of Justice
for admission to the
Witness
Protection,
Security and Benefit
Program, pursuant to
R.A No. 6981.
The court, justice or
judge may also refer
the witnesses to other
government agencies,
or to accredit person of
private
institution
capable of keeping and
securing their safety.

JUDGEMENT

Section 15
When the court of
judge has examined
into the cause of
caption and restraint of
the prisoner, and is
satisfied that he is
unlawfully imprisoned
or restrained, he shall
forthwith order his
discharge
from
confinement, but such
discharge shall not be
effective until a copy of
the order has been
served on the officer of
person detaining the
prisoner. If the officer
of person detaining the
prisoner
does
not
desire to appeal, the
prisoner
shall
be
forthwith released.

Section 18
The court shall render
judgment within ten
(10) days from the time
petition is submitted for
decision.
If
the
allegation
in
the
petition are proven by
substantial
evidence,
the court shall grant the
privilege of writ and
such reliefs as may be
proper and appropriate;
otherwise, the privilege
shall be denied.

APPEAL

Section 15 in relation to
Section 3 of the Rule 41
and Section 39 of B.P
Blg. 129:
48 hours from notice of
judgment
appealed
from by ordinary appeal

Section 19
Section 19
Rule 45 by petition for Same as WOA
review on certiorari
with peculiar features:
1.Appeal may raise
question of fact of law
or both;
2.Petiod of appeal shall
be five (5) working
days from the date of
notice of the adverse
judgment;
3.Same priority
as
habeas corpus cases.

RETURN OF SERVICE

Section 16.
Same with WOA with
an addition that upon
finality, the judgment
shall be enforced by the
sheriff or any lawful
officer as may be
designated
by
the
court, justice or judge
withing five (5) working
days.

Section 17
The
officer
who
executed the final
judgment shall make a
verified return within
three (3) days from its
enforcement.

ARCHIVING
AND
REVIVAL OF CASES

Section 20
The court shall not be
dismiss the petitioner,
but shall archive it, if
upon its determination
it cannot proceed for a
valid cause such as the
failure of petitioner or
witnesses to appear
due to threats on their
lives. The petition shall
be
dismissed
with
prejudice upon failure
to prosecute the case
after the lapse of two
(2) years from notice to
the petitioner of the
order of archiving the
case.

INSTITUTION
OF
SEPARATE ACTIONS

Section 21
Section 20
This Rule shall not Same as WOA
preclude the filing of
separate criminal, civil
or
administrative
actions.

EFFECT
OF
FILING
CRIMINAL ACTION

Section 22.
Section 21
When a criminal action Same as WOA
has been commenced,
no separate petition for
the writ shall be filed.
The reliefs under the
writ shall be available
by motion in the in the
criminal case.

CONSOLIDATION

Section 23
Section 22
When a criminal action Same as WOA
is filed subsequent to
the filing of a petition
for the writ, the latter
shall be consolidated
with
the
criminal
action. When a criminal
action and a separate
civil action are filed
subsequent
to
a
petition for a Writ of
Amparo, the latter shall
be consolidated with
the criminal action

SUBSTANTIAL RIGHTS

Section 24
This Rule shall not
diminish, increase, or
modify
substantive
rights recognized and
protected
by
the
Constitution.

Section 23
Difference is that in
WOA, the Constitution
provides that law from
which the substantive
rights exist

SUPPLETORY
Rule 72, Section 2
APPLICATION OF THE In the absence of
RULES OF COURT
special provisions, the
rules provided for in
ordinary action shall be,
as far as practicable,
applicable in special
proceedings.

Section 25
Section 24
The Rules of Court shall Same as WOA
apply
suppletorily
insofar as its is not
inconsistent with this
Rules.

RULE 103
CHANGE OF NAME
(BAR QUESTION: 2014)
NOTE: Correlate with R.A No. 9048 where change of first name may now be effected administratively.

1.01. DIFFERENTIATE RULE 103, RULE 108, R.A No. 9048 AND R.A No. 10172:
The differentiation are as follows:
Rule 103

Rule 108

R.A No. 9048

R.A No. 10172

Name of Law

Change of Name

Cancellation/Corre Clerical Error Act

ction of Entries in
the Civil Registry

Amendment to
R.A No. 9048

Subject Matter

Change of full
name (substantial
correction)

Change or
correction in the
civil entries
(substantial
corrections)

Change of first
name and
nickname and civil
entries (only
typographical
errors)

Correction of
clerical or
typographical
errors in the day
and month in the
date of birth or
sex of person

Who may File

A person desiring
to change his
name (Sec. 1)

Any person
interested in any
act, event, order
or decree
concerning the
civil status of
person which has
been recorded in
the civil register.
(Sec. 1)

Any person having Same in R.A No.

direct and
9048
personal interest
in the correction
of a clerical or
typographical
error in an entry
and/or change of
first name or
nickname. (Sec. 3)

Venue

RTC of the
province wherein
the petitioner
resides for three
(3) years prior to
filing, or, in the
City of Manila, to
the Juvenile and
Domestic Relation
Court.

RTC of city or
province where
the corresponding
civil registry is
located.

1.Local civil
1.Local civil
registry office of
registry office of
the city of
the city of
municipality
municipality
where the record where the record
being sought to
being sought to
be corrected of
be corrected of
change is kept;
change is kept;
2.Local civil
registrar of the
place where the
interested party
is presently
residing or
domiciled;

2.Local civil
registrar of the
place where the
interested party
is presently
residing or
domiciled;

3.Philippine
Consulates

3.Philippine
Consulates

Contents of
Petition

(a)That the
(a)That the
(a)Facts necessary
petitioner has
petitioner has
to establish the
been a bona fide
been a bona fide
merit of the
resident of the
resident of the
petition;
province where
province where
the petition is file the petition is file (b)Particular
for at least three
for at least three
erroneous entry
(3) years prior to
(3) years prior to
or entries, which
the date of such
the date of such
are sought to be
filing;
filing;
corrected and/or
the change
(b)The cause for
(b)The cause for
sought to be
which the change which the change made
of the
of the
petitioners name petitioners name The petition shall
is sought;
is sought;
be supported with
the following
(c)The name asked (c)The name asked documents:
for (Sec.2)
for (Sec.2)
(1)A certified true
machine copy of
the certificate or
of the page of the
registry book
containing the
entry or entries
sought to be
corrected or
changed;
(2)At least two
public or private
documents
showing the
correct entry or
entries upon
which the
correction or
change shall be
based; and

(a)Facts necessary
to establish the
merit of the
petition;
(b)Particular
erroneous entry
or entries, which
are sought to be
corrected and/or
the change
sought to be
made
The petition shall
be supported with
the following
documents:
(1)A certified true
machine copy of
the certificate or
of the page of the
registry book
containing the
entry or entries
sought to be
corrected or
changed;
(2)At least two
public or private
documents
showing the
correct entry or
entries upon
which the
correction or
change shall be
based; and

(3)Other
(3)Other
documents which documents which
the petitioner or
the petitioner or
the city or
the city or
municipal civil
municipal civil
registrar of the
registrar of the
consul general
consul general
may consider
may consider
relevant and
relevant and
necessary for the
necessary for the
approval of the
approval of the
petition.
petition.
(Sec. 5)
(Sec. 3)

No petition cor
correction of
erroneous entry
concerning the
date of birth or
the sex of a person
shall be
entertained
except:
- if the petition is
accompanied by
earliest school
record documents
such as, but not
limited to, medical
records, baptismal
certificate and
other documents
issued by religious
authorities; not
shall any entry
involving change
of gender
corrected
except:
- if the petition is
accompanied by
certification issued
by an accredited
goverment
physician attesting
to the fact the the
petitioner has not
undergone sex
change or sex
transplant.
Furthermore, the
petitioner shall
submit a
certification from
the appropriate
law enforcement
agencies that he
has no pending
case or no criminal
record.

Grounds

1.Name is
ridiculous,
tainted with
dishonor and
extremely
difficult to write
or pronounce;

Upon good and

valid ground, the
following entries
in the civil
registered may be
cancelled of
corrected.

2.Consequence of
change of status;
3.Necessity to
avoid confusion;

5.A sincere desire

to adopt a
Filipino name to
erase sights of
former alienage
all in good faith
and without
prejudicing
anybody.

Judicial
Proceeding

Clerical or
typographical
error.

2.The new first

name of
nickname has
been habitually
and continuously
used by the
petitioner and he
has been publicly
known by that
first name or
nickname in the
community; or

4.Having
continuously
used and been
known since
childhood by
Filipino name,
unaware of her
alien parentage;

Kind of
Proceeding

1.The petitioner
find the first
name of
nickname to be
ridiculous,
tainted with
dishonor or
extremely
difficult to write
or pronounce;

3.The change will

avoid confusion.
(Sec. 4)

Summary
Proceeding
This can be
converted to an
adversarial
proceeding if
there are
substantial
changes and affect
the status of an
individual

Administrative
proceeding

Administrative
proceeding

What to File

File an signed and

verified petition.

File a verified
petition for the
cancellation or
correction of any
entry

File an affidavit

File an affidavit.
The petiton and its
supporting papers
shall be filed in
three (3) copies to
be distributed as
follows:
First copy - to the
concerned city or
municipal civil
registrar, or the
consul general;
Second copy
- the Office of Civil
Registrar General;
Third Copy - to the
petitioner.

Notice and
Publication

At least once a
week for three (3)
consecutive week
in some
newspaper of
general circulation
(notice of hearing)

At least once a
week for three (3)
consecutive week
in some
newspaper of
general circulation
(notice of hearing)

At least once a
week for two (2)
consecutive weeks
(publish the whole
affidavit)

At least once a
week for two(2)
consecutive weeks
in a newspaper of
general circulation

Posting

No posting

No posting

Duty of the civil

No posting
registrar or Consul
to post the
petition in a
conspicuous place
for ten (10)
consecutive days

Who Participates
on the Part of the
Government

The Solicitor
General or the
proper provincial
or city fiscal shall
appear on behalf
of the
Government of
the Republic

The Civil Registrar

The Civil Registrar

or the Consul.

Where to Appeal

Appeal decision
with the Court of
Appeals

Appeal decision
with the Court of
Appeals

Appeal decision to Same in R.A No.

the Civil Registrar 9048
General (head of
NCSO)

Same in R.A No.

9048

Payment of Fees

No provision as to
the payment of
fees

No provision as to
the payment of
fees

The city or
municipal registrar
or the consul
general shall be
authorized to
collect reasonable
fees as a condition
for accepting the
petition.
An indigent
petitioner shall be
exempt from the
payment of the
said fees.

The city of
municipal registrar
or the consul
general shall be
authorized to
collect reasonable
fees as a condition
for accepting the
petition.
An indigent
petitioner shall be
exempt from the
payment of the
said fees.
The fees collected
by the city or
municipal civil
registrar or the
consul general
pursuant to this
Act shall accrue to
the funds of the
Local Civil Registry
Office concerned
or the Office of
the Consul
General for
modernization of
the office and
hiring of new
personnel and
procurement of
supplies, subject
to government
accounting and
auditing rules.