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T/N: Due to time constraints, please refer to 2016 TSN. The
discussion of maam in 2016 and in 2019 is similar. No major
changes except for the jokes, RA 11222 and Writ of Kalikasan
Trustees and Absentees
There are 3 kinds of trustees under the rule 98.
1. Trustee under will
2. Trustee upon written instrument
3. Trustee appointed abroad
Trustee under will
an example of that is the case where the will provides the
properties will be kept together for a period of time and a stated
purpose. So a trust is created by virtue of a will.
Obviously in this case, there was no mention of a trustee. There
was an intent to create a trust over a certain property.
How do you implement that particular provision in the will?
You have to petition the court to appoint a trustee.
Who can file the petition?
The executor, administrator or person appointed as trustee in
the will.
Who may appoint?
The probate court that allowed the will or the RTC of the
province in which the property, or some portion thereof, affected
by the trust is situated.
Like i said, appointment is allowed if the testator omits to appoint
a trustee...
If a testator has omitted in his will to appoint a trustee in the
Philippines, and if such appointment is necessary to carry into
effect the provisions of the will, the proper RTC may, after notice
to all persons interested, appoint a trustee who shall have the
same rights, powers, and duties, and in whom the estate shall
vest, as if he had been appointed by the testator. No person
succeeding to a trust as executor or administrator of a former
trustee shall be required to accept such trust.
Procedure
Upon the filing of the petition, notice must be given to the
persons interested. There will be a hearing. A trustee will be
appointed by the court.
Powers of the trustee.
The trustee shall have and exercise the same powers, right, and
duties as the person appointed by the testator himself, and the
trust estate shall vest in him in.
Trustee under written instrument
The trustee here is appointed by a written instrument creating a
trust.
An example is an inoperative will, that is denied probate. It will
serve as written instrument creating a trust.
Appointment of a trustee under written instrument
When do you appoint a trustee under a written instrument?
When a trustee under a written instrument declines, resigns,
dies or removed before the objects of the trust are
accomplished, and no adequate provision is made in such
instrument for supplying the vacancy, the proper Court of First
Instance may, after due notice to all persons interested, appoint
a new trustee to act alone or jointly with the others, as the case
may be.
Procedure
The same procedure with the trust under a will. Filing of the
petition. Notice. Hearing. Appointment.
Powers Of New Trustee Under Written Instrument
Such new trustee shall have and exercise the same powers,
right, and duties as if he had been originally appointed, and the
trust estate shall vest in him in like manner as it had vested or
would have vested, in the trustee in whose place he is
substituted and the court may order such conveyance to be
made by the former trustee or his representatives, or by the
other remaining trustees, as may be necessary or proper to vest
the trust estate in the new trustee, either or jointly with the
others.
Trustee appointed abroad
When land in the Philippines is held in trust for persons resident
here by a trustee who derives his authority from without the
Philippines, such trustee shall, on petition filed in the RTC of the
province where the land is situated, and after due notice to all
persons interested, be ordered to apply to the court for
appointment as trustee; and upon his neglect or refusal to
comply with such order, the court shall declare such trust vacant,
and shall appoint a new trustee in whom the trust estate shall
vest in like manner as if he had been originally appointed by
such court.
When a trust is created abroad for property in the Philippines,
judicial approval is still needed though trustor is alive.
The one appointed abroad will be required to apply here to
appointed here. The court can appoint a new trustee if he does
not comply with the order.
Common provisions
1. Bond
2. Appraisal
3. Compensation
4. Sale or Encumbrance
Bond
Where do you file the bond?
Before entering on the duties of his trust, a trustee shall file with
the clerk of the court having jurisdiction of the trust a bond in the
amount fixed by the judge of said court, payable to the
Government of the Philippines and sufficient and available for
the protection of any party in interest
What is the effect if you do not file a bond? What is the
exception?
a trustee who neglects to file such bond shall be considered to
have declined or resigned the trust; but the court may until
further order exempt a trustee under a will from giving a bond
when the testator has directed or requested such exemption and
may so exempt any trustee when all persons beneficially
interested in the trust, being of full age, request the exemption.
Such exemption may be cancelled by the court at any time and
the trustee required to forthwith file a bond.
What are the Conditions included in bond? The same conditions
with the guardianship bond, administrators bond.
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The following conditions shall be deemed to be part of the bond
whether written therein or not;
a. That the trustee will make and return to the court, at
such time as it may order, a true inventory of all the real
and personal estate belonging to him as trustee, which
at the time of the making of such inventory shall have
come to his possession or knowledge;
b. That he will manage and dispose of all such estate, and
faithfully discharge his trust in relation thereto,
according to law and the will of the testator or the
provisions of the instrument or order under which he is
appointed;
c. That he will render upon oath at least once a year until
his trust is fulfilled, unless he is excused therefrom in
any year by the court, a true account of the property in
his hands and the management and disposition thereof,
and will render such other accounts as the court may
order;
d. That at the expiration of his trust he will settle his
account in court and pay over and deliver all the estate
remaining in his hands, or due from him on such
settlement, to the person or persons entitled to thereto.
But when the trustee is appointed as a successor to a prior
trustee, the court may dispense with the making and return of an
inventory, if one has already been filed, and in such case the
condition of the bond shall be deemed to be altered accordingly.
Inventory and Appraisal of trustee
When an inventory is required to be returned by a trustee, the
estate and effects belonging to the trust shall be appraised and
the court may order one or more inheritance tax appraisers to
assist in the appraisement.
Compensation
The compensation of the trustee shall be fixed by the court, if it
be not determined in the instrument creating the trust.
Removal or resignation of trustee.
The proper RTC, upon petition of the parties beneficially
interested and after due notice to the trustee and hearing,
remove a trustee if such removal appears essential in the
interest of the petitioner. The court may also, after due notice to
all persons interested, remove a trustee who is insane or
otherwise incapable of discharging his trust or evidently
unsuitable therefor.
Grounds for the removal of trustee.
1. if such removal appears essential in the interest of the
petitioner
2. a trustee who is insane or otherwise incapable of
discharging his trust or
3. a trustee evidently unsuitable therefor
Can a trustee resign? Yes but subject to court approval.
A trustee, whether appointed by the court or under a written
instrument, may resign his trust if it appears to the court proper
to allow such resignation.
The acceptance of the resignation is not a matter of course. Due
regard must be had for the interest of the parties affected and
there must be grounds for the discharge other than mere wish of
the trustee to be relieved.
Sale or Encumbrance of the trustee
Can the trustee sell or encumber the estate? Yes but there is a
procedure to be followed similar to the sale or encumbrance of
the properties of a ward or insane person.
The petition, notice, hearing, order of sale or encumbrance, and
record of proceedings, shall conform as nearly as may be to the
provisions concerning the sale or encumbrance by guardians of
the property of minors or other wards.
Grounds for the sale or encumbrance
When the sale or encumbrance of any real or personal estate
held in trust is necessary or expedient, the court having
jurisdiction of the trust may, on petition and after due notice and
hearing, order such sale or encumbrance to be made, and the
re-investment and application of the proceeds thereof in such
manner as will best effect the objects of the trust.
Absentees
Under rule 107, there are two remedies available.
1. Appointment of a representative
2. Declaration of absence and appointment of trustee or
administrator
Appointment of representative
What are the requisites?
When a person disappears from his domicile, his whereabouts
being unknown, and [he leaves a property] without having left an
agent to administer his property, or the power conferred upon
the agent has expired.
Who may file a petition for the appointment of
representative?
Any interested party, relative or friend may petition
Where do you file?
The RTC of the place where the absentee resided before his dis-
appearance, for the appointment of a person to represent him
provisionally in all that may be necessary. In the City of Manila,
the petition shall be filed in the Juvenile and Domestic Relations
Court.
Take note “where the absentee last resided” hindi where the
property is situated.
Declaration of absence
How do you distinguish this with the appointment of trustee
under rule 98?
Rule 98 Rule 107, Sec 2
Under rule 98 the appointment the appointment of a trustee is
of a trustee is by reason the by virtue of the absence of a
creation of a trust (under a will, person who leaves a property
written instrument) but there is in the Philippines,
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no trustee to administer the
trust.
presupposes an intent to section 2, there is no intent to
create a trust but no trustee create a trust but because of
was appointed. the absence of that person
somebody has to administer
the properties that he left.
Who may file?
Distinguish this with Section 1.
Under Section 2 the declaration of his absence and appointment
of a trustee or administrative may be applied for by any of the
following:
a. The spouse present;
b. The heirs instituted in a will, who may present an
authentic copy of the same.
c. The relatives who would succeed by the law of
intestacy; and
d. Those who have over the property of the absentee
some right subordinated to the condition of his death.
Under section 1, any interested party, relative or friend may
petition the Court of First Instance of the place where the
absentee resided before his dis-appearance, for the appointment
of a person to represent him provisionally in all that may be
necessary
When do you file?
After the lapse of two (2) years from his disapperance and
without any news about the absentee or since the receipt of the
last news, or of five (5) years in case the absentee has left a
person in charge of the administration of his property the
declaration of his absence and appointment of a trustee or
administrative may be applied for.
The common denominator between section 1 and 2 would be
the person leaves a property in the Philippines. The difference is
who may file the petition.
Under section 1, you can file for the appointment of
representative if the person disappeared for less than 2 years.
If you 2 years already lapsed, you cannot ask for the
appointment of a repsentative. You have to ask for the
appointment of a trustee or administrator provided you are
among those allowed to file that petition.
If the person who disappeared left a person in charge of his
property, then you have to wait for lapse of 5 years before you
can petition the appointment of a trustee or administrator.
Reyes v. Alejandro
The need to have a person judicially declared an absentee is
when he has properties which have to be taken cared of or
administered by a representative appointed by the Court (Article
384, Civil Code); the spouse of the absentee is asking for
separation of property (Article 191, Civil Code) or his wife is
asking the Court that the administration of an classes of property
in the marriage be transferred to her (Article 196, Civil Code).
The petition to declare the husband an absentee and the petition
to place the management of the conjugal properties in the hands
of the wife may be combined and adjudicated in the same
proceedings, Peyer vs. Martinez, 88 Phil. 72, 80).
Contents of petition.
The petition for the appointment of a representative, or for the
declaration of absence and the appointment of a trustee or an
administrator, must show the following:
a. The jurisdictional facts;
b. The names, ages, and residences of the heirs instituted
in the will, copy of which shall be presented, and of the
relatives who would succeed by the law of intestacy;
c. The names and residences of creditors and others who
may have any adverse interest over the property of the
absentee;
d. The probable value, location and character of the
property belonging to the absentee.
Time of hearing; notice and publication
When a petition for the appointment of a representative, or for
the declaration of absence and the appointment of a trustee or
administrator, is filed, the court shall fix a date and place for the
hearing thereof where all concerned may appear to contest the
petition.
Copies of the notice of the time and place fixed for the hearing
shall be served upon the known heirs, legatees, devisees,
creditors and other interested persons, at least ten (10) days
before the day of the hearing, and shall be published once a
week for three (3) consecutive weeks prior to the time
designated for the hearing, in a newspaper of general circulation
in the province or city where the absentee resides, as the court
shall deem best.
Notice must be served personally. Service of notice and
publication must be proven in court.
Proof at hearing; order.
At the hearing, compliance with the provisions of section 4 of this
rule must first be shown. Upon satisfactory proof of the
allegations in the petition, the court shall issue an order granting
the same and appointing the representative, trustee or
administrator for the absentee. The judge shall take the
necessary measures to safeguard the rights and interests of the
absentee and shall specify the powers, obligations and
remuneration of his representative, trustee or administrator,
regulating them by the rules concerning guardians.
In case of declaration of absence, the same shall not take effect
until six (6) months after its publication in a newspaper of
general circulation designated by the court and in the Official
Gazette.
So the order itself will be published. Hindi lang newspaper pati
official gazette.
Opposition.
Anyone appearing to contest the petition shall state in writing his
grounds therefor, and serve a copy thereof on the petitioner and
other interested parties on or before the date designated for the
hearing.
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Who may be appointed.
is there an order preference? Yes.
In the appointment of a representative, the spouse present shall
be preferred when there is no legal separation.
are there exceptions? Yes.
If the absentee left no spouse, or if the spouse present is a
minor or otherwise incompetent, any competent person may be
appointed by the court.In case of declaration of absence, the
trustee or administrator of the absentee's property shall be
appointed in accordance with the preceding paragraph.
Termination of administration.
The trusteeship or administration of the property of the
absentee shall cease upon order of the court in any of the
following cases:
a. When the absentee appears personally or by means of
an agent;
b. When the death of the absentee is proved and his
testate or intestate heirs appear;
c. When a third person appears, showing by a proper
document that he has acquired the absentee's property
by purchase or other title.
In these cases the trustee or administrator shall cease in the
performance of his office, and the property shall be placed at the
disposal of whose may have a right thereto.
Cross reference. Article 101 and 128 FC
Art. 101. If a spouse without just cause abandons the other or
fails to comply with his or her obligations to the family, the
aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole
administrator of the absolute community, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding
paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when her or
she has left the conjugal dwelling without intention of returning.
The spouse who has left the conjugal dwelling for a period of
three months or has failed within the same period to give any
information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal
dwelling. (178a)
So the presumption of abandonment here is 3 months.
Art. 128. If a spouse without just cause abandons the other or
fails to comply with his or her obligation to the family, the
aggrieved spouse may petition the court for receivership, for
judicial separation of property, or for authority to be the sole
administrator of the conjugal partnership property, subject to
such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding
paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when he or
she has left the conjugal dwelling without intention of returning.
The spouse who has left the conjugal dwelling for a period of
three months or has failed within the same period to give any
information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal
dwelling. (167a, 191a)
Reyes v. Alejandrino
Here the absentee husband left no property in the Philippines.
Peyer v. Martinez
applications to pronounce the husband an absentee and to place
the management of the conjugal assets in the hands of the wife
may, in our opinion, be combined and adjudicated in one and the
same proceeding.
-0-
RA 11222: Rectification of Simulated Birth Records Act
Is there such a thing as confirmation of a de facto
adoption?
In the case of OCA v Judge Gines, the Supreme Court said
there is no such thing as judicial confirmation of a de facto
adoption.
This (‘de facto adoption’) refers to a situation where the child has
been treated as child of the adopter since minority or birth (t:
without going through the normal procedure). And what they did
is just simply make a confirmation of such fact. Sabi nila, de
facto adoption na daw yun, and that is daw allowed. The
Supreme Court said that you must strictly comply with the
requirements of the Rules on Adoption. If you’ve not complied,
then, there is no valid adoption to speak of.
And that is why, here comes, RA 11222.
Where Grace Poe authored the issuance of a law for
“ADMINISTRATIVE ADOPTION” and Rectification of Simulated
Birth Records. This was signed as a law on February 21, 2019.
So, there is no judicial confirmation of a de facto adoption, but
there is such a thing now as “administrative adoption”.
So, what does it take to have an administrative adoption? Simply
put, you don’t go to the court anymore; punta ka na lang sa
DSWD, the agency concerned.
Now what you need to remember in this law is that you
cannot avail administrative adoption unless you also ask for the
rectification of the simulated birth.
So dapat, nagkaroon muna ng simulation of birth bago ka
maka-avail ng administrative adoption. That’s how the law was
crafted.
Ano yang “simulation of birth records”?
It was defined under Section 3(f):
“Simulation birth record refers to the tampering of the civil
registry to make it appear in the record of birth that a child was
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born to a person who is not such child’s biological mother
causing the loss of identity and status of such child.
If the birth record does not accurately reflect the father of the
child, walang simulation na nangyayari. It’s just the ‘mother’.
Take note of that definition.
Not even both parents. Of course, in cases of unmarried woman,
pregnant, kadalasan walang ni-rereflect na pangalan ng papa.
That’s understandable.
But the law is very particular. The simulation will apply, there is
simulation of birth record if it is the biological mother is not
accurately reflected in the birth record. Take Note of that.
When does the law allow the rectification of a simulated
birth record?
According to the law, it is allowed for the best interest of the
child. That is really the purpose of the law. It is to protect the
best interest of the child.
And only when the child is has been consistently considered
and treated by such person/s as his/their own child. There is
consistent treatment of the adopter as his own.
And finally, there must be a petition for adoption with application
for rectification of the simulated birth record, filed within 10 years
from the effectivity of RA 11222.
3 Points to Remember:
1. It is for the best interest of the child
2. there is consistent treatment of the child as the
adopter’s own since birth or at least under this law (3
years prior to the filing)
3. a petition for administrative adoption with rectification
of simulated birth records within 10 years from the
effectivity of RA 11222.
Who are Adopters in administrative adoption?
The person/s who simulated the birth record of the adoptee.
Kung sino ang ang manipula ng records na yan.
And must have actual custody of the adoptee within 3 years
before the effectivity of ra 11222.
So yun, for at least 3 years prior to the effectivity of the law, the
child has been treated continuously as the adopter’s own.
May 3-years requirement.
Three years actual custody prior to the effectivity of the law, and
then, the filing of the petition within 10 years from the effectivity
of the law; these are the periods you have to remember.
Periods to remember:
Actual custody Filing of Petition
(at least 3 years Effectivity of (within 10 years
prior) RA 11222 from such)
+ consistently *with Rectification
treated as one’s of simulated birth
own child records
There are also Qualifications provided in RA 11222 for adopters
in administrative adoption.
Basically, these are qualifications of adopters as found in the
Rules (on Adoption); pare-pareho. The only difference here is
that, it says here, “must be Filipino, of legal age, whose civil
capacity, of good moral character , not convicted of a crime
involving moral turpitude, emotionally and psychologically
capable of rearing children, in a position to support and care of
the child in keeping with his capacity.
This specifies “Filipino” citizens. And an alien can only adopt if
married to a Filipino. So dapat, married siya to a filipino. What
does the mean?
Kung former Filipino ka, hindi ka na Filipino, and unless you are
married to a filipino, you cannot adopt (administratively); cause
this is limited to a Filipino or an Alien married to a filipino.
There must be a joint adoption with the Filipino Spouse for the
alien adopter. First, you must be married to a filipino, and you
must jointly adopt with the Filipino spouse.
And there must be compliance with the 3-year continuous
residency requirement prior to the filing of the petition with the
rectification of the simulated birth record.
22:28
Who may be adopted administratively?
Only children whose birth record was simulated. Yung ‘biktima’
lang ng simulation of birth records ang pwede maging adoptee in
an administrative adoption.
And there’s an additional requirement:
They must be declared by DSWD as “child legally available for
adoption.”
Who must give written consent?
1. The adoptee, if 10 years and above
Below 10years old, no need.
2. Second, the legitimate and adopted children of the adopter or
the adoptee, if 10 years old or above;
3. Illegitimate children living with the adopter, if 10years old and
above, and the adopter’s spouse
Qualified yung “illegitimate children”, “living with the adopter”
siya.
I don’t know why may karugtong pang “and the adopter’s
spouse.” Di ko ma-gets bakit yan andyan; but, that’s what the
law says. Siguro, in cases of illegitimate children, the adopter’s
spouse, is required also to give consent.
4. The adoptee’s spouse, if any
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*some comment on the “bakikaw” way the law was written. =)
Form of the petition
= in the form of an affidavit
Hindi siya masyadong complicated na may caption, etc, etc. It’s
just a plain affidavit. Under oath/sworn. And what must it state?
Affidavit stating facts necessary stating what?
- the merits of the petition; and
- circumstances surrounding the simulation
Now, aside from the form, you have the ANNEXES.
What must be the attached to the affidavit?
1) Copy of the simulated birth record or the foundling’s
certificate;
2) Affidavit of Admission. If the simulation was done by third
person
That is, it was not the adopter who simulated the birth record,
but a third person. Then, such person must execute the affidavit
and
attached to the petition.
3) Barangay Certification (by Brgy. Chair) attesting to the
adopter’s residency and their actual custody of the
adoptee at least 3 years before the effectivity of the law
4) Affidavit of 2 Disinterested persons living in the same
barangay as the adoptee attesting to the adopter’s actual
custody of the adoptee at least 3 years before the effectivity
of RA 11222
In other words, the law does not simply rely on the certification of
the barangay chairman. Kailangan pa ng affidavit of 2
disinterested persons to prove the 3-year actual custody of the
adopter prior to the effectivity of the law.
Then, you have to also attach the certificate declaring the child
as legally available for adoption that was issued by the DSWD.
Take note: This is not necessary if the adoptee is already of
legal age.
5) Photographs of the adoptee, as well as the adopter’s; taken at
least 3 months prior to the filing of the petition
Must be a recent photograph of the adopter as well as the
adoptee.
“FLOW CHART”
*double-check: (for those who took a picture)
1. Petition: in the form of an affidavit:
2. Submit it: to the Social Welfare Development Officer,
who will examine the “sufficiency” of the petition and
annexes
a. if insufficient; Return to the petitioner with
explanation and for the latter to comply;
b. if sufficient, FORWARD to the RD within 3 days
3. Regional Director shall “review” the petition to establish
the identity of the adoptee and prepare the
recommendation 30days from receipt of the petition.
He may require additional information or supporting
documents
Forward the petition With His Recommendation
(together with the supporting documents, if any)
4. Secretary; DSWD has 30days from receipt within which
to act. The Oonly criterion for the grant: if the adoption
will redound to the best interest of the child. Then, the
Secretary will issue:
5. “ORDER” of Adoption. (Courts issue a “decree” of
adoption, here, it’s only an “order” of adoption.
However, it has the same effect as decree because it
will retroact to the date of the filing of the petition.)
What will happen to the order of adoption?
It will be immediately transmitted back to the RD, and the RD will
be the one to furnish the petitioner a copy thereof, as well as the
concerned local civil registrar.
In other words, dadalhin ang records kay Secretary at
pagkatapos na siya doon, balik na din; with no communication,
whatsoever, with the petitioner. Diretso na kay RD, then, si RD
na bahala as to the outcome of the review of the Secretary, to
the parties concerned, as well as to the local civil registrar.
So what will the order of adoption contain?
It will state the name in which the adoptee shall be known.
It will state cancellation of the simulated birth record, and
issuance of the rectified birth records bearing the names of the
biological parents or issuance of foundling certificate.
I-ca-cancel niya ang maling birth records, and issue a new one.
Yun ang ilalagay sa order of adoption. It has the same effect
with the decree of adoption issued by a court under RA 8552.
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What is now the EFFECT of Administrative Adoption? Administrative
Judicial Adoption
Adoption
Basically the same as a decree of adoption
affidavit; follow petition: filed by the
a. The adoptee shall be considered as the legitimate child the process for adoptee (x: if
of the adopter; entitled to all rights and obligations of rescissio administrative incapacitated, may be
legitimate children n adoption accompanied by
b. except where the biological parent is the spouse of the guardian, lawyer,
adopter, all legal ties of the adoptee shall be severed, DSWD
and shall be vested in the adopter.
There is cutting of ties between the biological parents WHERE DSWD/LCR Family Court
and the adoptee, to be vested in the adopter. (rescissio (adoptee’s (adoptee’s residence)
c. The adopter and the adoptee are entitled to inherit from n) residence)
each other by intestate succession.
Petition; DSWD (Child’s Family Court (child’s
WHERE residence) residence)
Duties of the Local Civil Registry to file

Once the Order of Adoption has been transmitted to the RD, and not mentioned within 5 years after
the RD will notify now or give copies to the LCR, what will the WHEN reaching the age of
latter do? (rescissi majority; or, after
on) recovery from
Under Section 12, it will stamp the simulated birth record incapacity
“cancelled” with annotation of issuance of rectified birth record in LCR’s duty Court’s duty
its place. (cancellation
and
Ganyan ang pagkalagay ng batas. reversion/revival
(some comment on the manner the law was written) of rights)
relevant comment:
Decree of Adoption: “annotation” + “sealed”

Order of Adoption (administrative adoption): “stamped: Effects of Administrative Rescission of Adoption:

cancelled” + “annotation” Practically the same in judicial adoption
1. There would be restoration of parental authority if the
adoptee is still a minor, or if incapacitated, there would
Updates on RESCISSION; vis-a-vis: ra1222 be restoration of legal custody to the DSWD,
*for RA 11222, take note: 2. There would be impingement of reciprocal rights and
Section 18 - specifically provides that the adopter is not allowed obligation
to rescind, but may disinherit. This is based on the decision of 3. Reversion of successional rights
Lahom v Sibulo.

***All of these effects are without prejudice to penalties

Grounds (RA 11222): imposable under the Revised Penal Code if the criminal acts are
a. Repeated physical or verbal abuse by the adopter taken.
b. Attempt on the life of the adoptee
c. Sexual assault or violence; Take note: in Administrative Rescission, there are specific
d. Abandonment or failure to comply with parental grounds. So these grounds also constitute criminal acts.
obligations;
e. Other acts that is detrimental to the adoptee’s
psychological and emotional Criminal Acts under RA 11222:

These are specifically laid down under RA 11222. — Obtaining consent for adoption through coercion, undue
Note: under Judicial Adoption, no specific grounds are influence, fraud, improper material inducement or other similar
mentioned. acts.

— Non-compliance with the procedure and safeguards provided

Distinctions between Administrative and Judicial Adoption by law
Administrative —Subjecting or imposing the child to danger, abuse or
Judicial Adoption
Adoption exploitation.
specific nothing is mentioned -0-
grounds
Writ of Kalikasan

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FINAL EXAM
Section 1. Nature of the writ. - The writ is a remedy available to
a natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public
interest group accredited by or registered with any government
agency, on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with
violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall
contain the following:
a. The personal circumstances of the petitioner;
b. The name and personal circumstances of the
respondent or if the name and personal circumstances
are unknown and uncertain, the respondent may be
described by an assumed appellation;
c. The environmental law, rule or regulation violated or
threatened to be violated, the act or omission
complained of, and the environmental damage of such
magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
d. All relevant and material evidence consisting of the
affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible, object
evidence;
e. The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any
claim involving the same issues in any court, tribunal or
quasi-judicial agency, and no such other action or claim
is pending therein; (2) if there is such other pending
action or claim, a complete statement of its present
status; (3) if petitioner should learn that the same or
similar action or claim has been filed or is pending,
petitioner shall report to the court that fact within five (5)
days therefrom; and
f. The reliefs prayed for which may include a prayer for
the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with the
Supreme Court or with any of the stations of the Court of
Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from
the payment of docket fees.
Section 5. Issuance of the writ. - Within three (3) days from the
date of filing of the petition, if the petition is sufficient in form and
substance, the court shall give an order: (a) issuing the writ; and
(b) requiring the respondent to file a verified return as provided
in Section 8 of this Rule. The clerk of court shall forthwith issue
the writ under the seal of the court including the issuance of a
cease and desist order and other temporary reliefs effective until
further order.
Section 6. How the writ is served. - The writ shall be served
upon the respondent by a court officer or any person deputized
by the court, who shall retain a copy on which to make a return
of service. In case the writ cannot be served personally, the rule
on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A
clerk of court who unduly delays or refuses to issue the writ after
its allowance or a court officer or deputized person who unduly
delays or refuses to serve the same shall be punished by the
court for contempt without prejudice to other civil, criminal or
administrative actions.
Section 8. Return of respondent; contents. - Within a non-
extendible period of ten (10) days after service of the writ, the
respondent shall file a verified return which shall contain all
defenses to show that respondent did not violate or threaten to
violate, or allow the violation of any environmental law, rule or
regulation or commit any act resulting to environmental damage
of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible,
object evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be considered
as an admission thereof.
Section 9. Prohibited pleadings and motions. - The following
pleadings and motions are prohibited:
a. Motion to dismiss;
b. Motion for extension of time to file return;
c. Motion for postponement;
d. Motion for a bill of particulars;
e. Counterclaim or cross-claim;
f. Third-party complaint;
g. Reply; and
h. Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the
respondent fails to file a return, the court shall proceed to hear
the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the
respondent, the court may call a preliminary conference to
simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the petition
for hearing.
The hearing including the preliminary conference shall not
extend beyond sixty (60) days and shall be given the same
priority as petitions for the writs of habeas corpus, amparo and
habeas data.
Section 12. Discovery Measures. - A party may file a verified
motion for the following reliefs:
a. Ocular Inspection; order — The motion must show that an
ocular inspection order is necessary to establish the magnitude
of the violation or the threat as to prejudice the life, health or
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FINAL EXAM
property of inhabitants in two or more cities or provinces. It shall c. Directing the respondent public official, government
state in detail the place or places to be inspected. It shall be agency, private person or entity to monitor strict
supported by affidavits of witnesses having personal knowledge compliance with the decision and orders of the court;
of the violation or threatened violation of environmental law. d. Directing the respondent public official, government
agency, or private person or entity to make periodic
After hearing, the court may order any person in possession or reports on the execution of the final judgment; and
control of a designated land or other property to permit entry for e. Such other reliefs which relate to the right of the people
the purpose of inspecting or photographing the property or any to a balanced and healthful ecology or to the protection,
relevant object or operation thereon. preservation, rehabilitation or restoration of
the environment, except the award of damages to
The order shall specify the person or persons authorized to individual petitioners.
make the inspection and the date, time, place and manner of
making the inspection and may prescribe other conditions to
Section 16. Appeal. - Within fifteen (15) days from the date of
protect the constitutional rights of all parties.
notice of the adverse judgment or denial of motion for
reconsideration, any party may appeal to the Supreme Court
b. Production or inspection of documents or things; order – The under Rule 45 of the Rules of Court. The appeal may raise
motion must show that a production order is necessary to questions of fact.
establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more
Section 17. Institution of separate actions. - The filing of a
cities or provinces.
petition for the issuance of the writ of kalikasan shall not
preclude the filing of separate civil, criminal or administrative
After hearing, the court may order any person in possession, actions.
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf
of the movant.

The production order shall specify the person or persons

authorized to make the production and the date, time, place and
manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights of
all parties.

Section 13. Contempt. - The court may after hearing punish the
respondent who refuses or unduly delays the filing of a return, or
who makes a false return, or any person who disobeys or resists
a lawful process or order of the court for indirect contempt under
Rule 71 of the Rules of Court.

Section 14. Submission of case for decision; filing of

memoranda. - After hearing, the court shall issue an order
submitting the case for decision. The court may require the filing
of memoranda and if possible, in its electronic form, within a
non-extendible period of thirty (30) days from the date the
petition is submitted for decision.

Section 15. Judgment. - Within sixty (60) days from the time the
petition is submitted for decision, the court shall render judgment
granting or denying the privilege of the writ of kalikasan.

The reliefs that may be granted under the writ are the following:

a. Directing respondent to permanently cease and desist

from committing acts or neglecting the performance of
a duty in violation of environmental laws resulting in
environmental destruction or damage;
b. Directing the respondent public official, government
agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;