Rule 106 (Constitution of Family Home) vis-à- o Held: Petition for declaration of
vis Family Code Presumptive Death – SUMMARY
As to Family Code – Automatic constitution of PROCEEDING (not SpecPro). Thus,
the Family Home from the time of its occupation notice of appeal is sufficient to perfect
as a family residence, without need any more the appeal. (Republic v. CA)
for the judicial or extrajudicial processes. Presumption of death under Articles 390 and
What constitutes Family Home? It does not 391 of the Civil Code arises by operation of
only pertain to the dwelling structure in which the law. Thus, no need of court declaration (once
family resides but also to the lot on which it conditions are established). (Tadeo Matias v.
stands. Republic)
All FHs constructed after the effectivity of the Under the Rules of Court, rules in ordinary
Family Code (August 3, 1988) are constituted as actions may be applied in SpecPro as much as
such by operation of law. possible and where doing so would not pose an
If property became a family residence before the obstacle to said proceedings.
effectivity of FC, such became FH operation of o Certification of non-forum shopping is
law and thus, prospectively exempt from required only for complaints and
execution initiatory pleading.
o How about claim filed against estate?
As to Exemption from Execution That is a money claim and is equivalent
Judicial Constitution – it requires the filing of a to a motion and NOT an initiatory
verified petition before the courts + registration pleading.
of court’s order with the Registry of Deeds (Rule o Such money claim is merely an
106) incidental matter. (Sheker v. Estate of
Extrajudicial Constitution – it requires the Sheker)
execution of a public instrument which must also o How about filing fees? No need to pay
be registered with the Registry of Property separate docket fees when it comes to
(Articles 240-242 of the Civil Code) filing a money claim against the estate.
As to debts incurred (must be qualified) What are the rules under the Rules of Court
o If incurred prior to Aug. 3, 1988 – the that are also applicable in Special
FH must shown to have been J/EJ Proceedings?
constituted for FH to be answerable for o Rule on Demurrer;
the debts o Modes of Discovery (Deposition);
o If incurred after Aug. 3, 1988 – there is o Rules on Intervention however does not
no need to constitute J/EJ, FH is extend to creditors (based on contingent
answerable to the debts. claims) of decedent.
Jurisprudential Doctrines
An action for compulsory recognition of minor
natural children is governed by the rules on
ordinary civil actions. Thus, it does not require
publication. (Hernaez v. IAC)
The petition filed pursuant to Section 18, Art. VII
of the 1987 Constitution is a sui generis
complaint, petition, or any matter. Thus the
“appropriate proceeding” contemplated under
this provision refers to any action initiated by a
citizen for the purpose of questioning the
sufficiency of the factual basis of the exercise of
the Chief Executive’s emergency powers, as in
these cases. (Lagman v. Medialdea)
As to issue on Record on Appeal v. Notice of
Appeal:
o If it is Special Proceedings – period to
appeal is 30 days and file notice of
appeal + record on appeal for its
perfection.
o If it not (so, ordinary action) – period to
appeal is 15 days from decision and
appeal is perfected by merely filing a
notice of appeal.
The heirs can divide the estate among themselves.
How?
SETTLEMENT OF THE ESTATE 1. No disagreement – Execution of public
instrument registered in the Register of Deeds
2. Disagreement – through ordinary action for
JURISDICTION – depending on the Gross partition
Value of the estate
o MTC/MCTC/MTCC/MCTC – Gross Affidavit of self-adjudication
Value up to P2M (If there is only one heir)
o RTC – in excess of P2M or P2,000,001
o Note: By virtue of RA 11576, there is no Common requirements for EJ settlement/Self-
more distinction whether inside or adjudication:
outside Metro Manila 1. File a bond;
VENUE (Rule 73, Section 1) 2. Publication
o If inhabitant of the PH [whether citizen or
alien] – Residence at the time of death Judicial Settlement
o If NOT inhabitant of the PH – Place Requisites:
where his estate is situated. 1. No will;
o Residence – 2. Has debts;
only means personal, actual, or 3. No agreement as to how the properties will be
physical presence, not legal distributed; OR
residence 4. HAS debts even if no disagreement at all as to
Residence =/= domicile how properties are distributed.
Formula: continuity +
consistency Note: If there are debts or expenses chargeable to the
JURISDICTIONAL FACTS (Rule 76, Section 2) estate, judicial settlement is proper since there is a
HOW FILED proper procedure for the accounting of all expenses for
which the estate must answer.
Testate Proceedings
Three (3) options: Summary Settlement of estates of Small
1. File a petition for allowance of a last will and testament [if Value
allowed – pray for Letters Testamentary]; OR Note: Testate or intestate
2. Delivery of the will (Rule 76, Section 3) File for a summary settlement of estates of small
3. Summary settlement of the estates of small value (if died value (GV is less than 10K)
testate and GV is less than 10K)
WHO MAY FILE
Intestate Proceedings
1. [Extrajudicial Settlement] Execute either: [Testate Proceedings]
Two or more heirs – Any executor, devisee, or legatee named in the will,
o (No disagreement): Extrajudicial or any other person interested in the estate;
partition; o One who has interest in the estate – one
o (Disagreement): Ordinary action for who would be benefited by the estate OR
partition [not SpecPro but a special civil who has a claim against the estate.
action under Rule 69 of the Rules of o Thus, strangers and third persons have no
Court] personality to file a petition. (Rule 76,
Only one heir – Affidavit of self-adjudication Section 1)
o Who are these interested parties? Heirs
2. [Judicial settlement] File a petition for [judicial] and creditors.
settlement of the intestate estate of a deceased Testator himself during his lifetime (ante-mortem
person with a prayer for appointment of an probate)
administrator (Letters of Administration).
3. Summary Settlement of estates of Small [Intestate Proceedings]
Value (if died intestate) Any interested person (heirs, creditors,
administrator)
Extrajudicial Settlement of the Estate
Requisites: ESCHEAT
1. No will;
2. No debts; JURISDICTION
3. Heirs are all of age/minors are represented; o RTC
VENUE MTC – assessed value up to
o Resident – RTC of the province of the 400K
deceased at the time of his death RTC – AV exceeds 400K
o Non-resident – RTC of the province VENUE
where the estate is situated (Rule 91, o Under a will – same as probate
Sec. 1) proceedings
HOW FILED o Under a written instrument/will abroad –
o Petition for Escheat place where the property is situated.
WHO MAY FILE o If Trustor is Resident/Nonresident of the
o Solicitor General or his representative PH + trustee is appointed outside the
on behalf of the Republic of the PH + property is in the PH – place
Philippines where the property in trust is situated.
HOW FILED
o Appointment of Trustee by the court
GUARDIANSHIP To effect the provisions of the
JURISDICTION will/written instrument.
o As to guardianship proceedings o Petition for Appointment as Trustee
involving incompetents who are NOT (Trustee appointed abroad)
minors (Applicable rule: Rules of WHO MAY FILE
Court) – RTC where the ward resides o Appointed by the Court [if will is silent or
o As to guardianship proceedings written instrument is silent/trustee
involving minors (Applicable rule: AC declines, resigns, dies, or removed]
03-02-05 SC – Family Court where the (Rule 98, Sections 1, 2, and 3)
minor resides o Petition for Appointment as Trustee.
VENUE Trustee appointed abroad
o Resident: Both wards (incompetent but
not minors + minors) – place of
residence of the ward WRIT OF HABEAS CORPUS
o Non-resident: place where the ward’s DEFINITION
property is situated o It is a writ directed to the person
HOW FILED detaining another and commanding him
o Petition for Appointment of Guardian to produce the body of the prisoner at a
WHO MAY FILE certain time and place, with the day and
o [As to Minor] the cause of his caption and detention,
Any relative; to do and receive whatsoever the court
Other person on behalf of the or judge awarding the writ shall consider
minor; on that behalf. [Summary Remedy]
The minor himself if 14 years of JURISDICTION
age; o Petition for Custody of Minors
The Secretary of Social Welfare Family Court
and by the Secretary of Health o Petition for WHC involving custody of
in case of an insane minor minors
o [As to incompetent] Family Court
Any relative; Regular courts
Friend; SC
Other person on behalf of the CA
resident incompetent who has o Petition for WHC
no parents or lawful guardian; SC, CA, RTC, MTC,
The Director of Health; SB (only in aid of its appellate
Any one interested in the estate jurisdiction)
of a non-resident incompetent. VENUE
o Petition for Custody of Minors/
Petition for WHC involving custody of
TRUST minors
JURISDICTION Province or city where the
o Under a Will petitioner resides or where the
Probate court where will is minor may be found
probated HOW FILED
MTC – GV up to 2M o [Verified] Petition for Custody of
RTC – GV exceeds 2M Minors
o Under a written instrument
o[Verified] Petition for Writ of Habeas o Engaged in the
Corpus gathering,
WHO MAY FILE collecting, or
o Petition for Custody of storing of a
Minors/Petition for WHC involving data or information
custody of minors regarding the
By any person claiming such o person,
right. o family,
o Petition for Writ of Habeas Corpus o home, and
By the party himself for whose o correspondence
relief it was intended; or of the aggrieved
By any person on his behalf. party.
JURISDICTION
WRIT OF AMPARO o RTC
DEFINITION o SC, CA, SB
o It is a [independent and summary] VENUE
remedy available to any person whose o RTC –
right to life, liberty, and security has Where the petitioner or
been violated or is threatened with respondent resides, or
violation by public officials, EE, private Where the data is gathered,
individuals, or private entity. collected, stored [at the option
JURISDICTION of the petitioner]
o SC o SC – If it concerns public data files of
o CA government offices.
o RTC HOW FILED
o SB o Petition for Issuance of Writ of Habeas
VENUE Data
o Where the threat, act, or omission was WHO MAY FILE
committed or any of its elements o Any aggrieved party
occurred. o [In case of EJ killings or enforced
HOW FILED disappearances].
o Petition for the Issuance of Writ of Any member of the immediate
Amparo family of the aggrieved party
(spouse, children, or parents);
WHO MAY FILE
Ascendant or descendant or
o By the aggrieved party; or
collateral relatives of the
o [In case of EJ killings or enforced
aggrieved party within the 4th
disappearances]. By any qualified civil degree of C/A in default
person in the ff. Order: above.
Member of immediate family
(spouse, children, parents);
Ascendant, descendant, or
collateral relative (within 4th civil
ADOPTION
degree of C/A in default above); [Note: Domestic Adoption Act of RA 8552 and RA 8043
Concerned citizen, organization, or the Inter-Country Adoption Act are already repealed
etc. if no known member of by virtue of RA 11642.]
immediate family or relative.
REPUBLIC ACT NO. 11642
WRIT OF HABEAS DATA Note: Domestic adoption is no longer a judicial
proceeding unlike that of an Inter-country Adoption to
DEFINITION which RA 11642 retained its meaning (still a socio-legal
o It is a remedy available to any person process)
whose right to privacy in
life, Domestic Adoption – It refers to an administrative
liberty, or adoption proceeding where the Order of Adoption is
security issued within the PH and is undertaken between a
o Is violated or threatened by an unlawful Filipino child and eligible adoptive parents. (Sec. 4 [p] of
act or omission of a RA 16642)
public official,
EE, or of a PETITION FOR ADMINISTRATIVE ADOPTION
Private individual/entity
JURISDICTION o A relative of the adopter
o [Exclusive and original jurisdiction]
National Authority for Child Care [NACC] PETITION FOR CERTIFICATE DECLARING A CHILD
Petition for Adoption [Admin LEGALLY AVAILABLE FOR ADOPTION (CDLAA)
Adoption] – filed with the JURISDICTION
Regional Authority Child Care o Filed with the NACC through RACCO
Office o As to who will decide – NACC (through
Note: RACCO issues a Executive Director)
certification attesting that there o Appeal – to the CA within 10 days from
is sufficient compliance of the the receipt of Order
requirement and render a VENUE
recommendation on whether to o Where the child was found, abandoned,
grant or deny the Petition. voluntarily committed, or discovered
However, it shall be the NACC HOW FILED
who shall ultimately decide on
o Petition for Certificate Declaring a Child
the petition [Order of Adoption].
Legally Available for Adoption
VENUE
WHO MAY FILE
o In the city or municipality where the
o The Head or Executive Director of a
Prospective Adoptive Parents reside.
licensed child-caring/placing agency or
HOW FILED
institution managed by the gov’t, LGU,
o Petition for Administrative Adoption
NGO, etc. who has actual custody of the
WHO MAY ADOPT minor.
o Any Filipino citizen possessing
qualifications REPUBLIC ACT NO. 8043
At least 25 years old JURISDICTION
Full civil capacity + legal rights o NACC through RACCO;
GMC + model the same o ICAB (as a Last Resort [acting as
Not convicted of any crime
NACC])*
involving moral turpitude
o Note: Art. II, Sec. 10, 2nd par. of RA
Emotionally and psychologically
11642 states that the Inter-Country
capable of caring for children
Adoption Board is transferred to NACC.
At least 16 years older than the
adoptee (except: waived if
(Art. II, Sec. 10, 2nd par. Of RA 11642: Provided further,
adopter is the biological parent
That existing plantilla items in the ICAB and DSWD
of adoptee or spouse of
which are dedicated to alternative child and adoption
adoptee’s parent)
shall all be transferred to the NACC.)
o Legal guardian
o Foster parent
Note: Art. VIII, Sec. 56 (Transitory Clause) provides that
o PH gov’t officials and EEs deployed in relation to domestic administrative adoption and inter-
abroad country adoption processes, a transition team composed
o Foreign nationals who are permanent or of DSWD and the iCAB shall act as the NACC.
habitual residents of the PH (at least 5
years) with the same possession above *Art. II, Sec. 8 of RA 11642 – Functions of the NACC. [l]
+ from country with diplomatic relations Ensure that inter-country adoption will not be pursued
with the Republic until all possible domestic placement of the child has
o Spouses (joint adoption) been exhausted.
WHO MAY BE ADOPTED
o Any child who has been issued a VENUE
CDLAA; o NACC – where the PAP resides.
o Legitimate child of one spouse by the o ICAB acting as NACC – the country of
other spouse; the prospective adoptive parents.
o Illegitimate child by a qualified adopter; HOW FILED
o Filipino of legal age, has been o [Under RA 8043]: Application for
consistently considered and treated by Adoption
the adopter as their own child for a o [Under RA 11642]: Petition for
period of three (3) years; [Administrative] Adoption
o A foster child; WHO MAY FILE
o A child whose adoption has been o Filipino citizen or aliens permanently
previously rescinded; residing abroad.
o A child whose biological/adoptive WHO MAY BE ADOPTED
parents have died
o Only a legally free child (Art. III, Sec. 8
of RA 8043)