[HEARTBREAK NOTES] [SpecPro] [v.1.

0, 2016]
(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 an application or 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

SETTLEMENT OF ESTATE OF DECEASED PERSONS

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

[HEARTBREAK NOTES] [SpecPro] [v.1.0, 2016]

R73 (venue & process)
Venue & meaning of residence
Jurisdiction: RTC (BUT note threshold value; if P200K/P400K[MMLA] and below = 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. 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
[*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 judicial settlement!

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S5: if on the date of expiration of the two-year lien, the person entitled to file claim
= minor/mentally incapacitated/resident outside PH he/she is given 1 YEAR
from removal of disability to present his/her claim
[+after EJP, heir(s) should affect PUBLICATION of same in a newspaper of gen. circ.]
3. If heirs cannot agree: file action for partition (R69)
Remedies against extrajudicial settlement
1. Contribution from distribution, execution against bond or sale of realty of decedent
McMicking v. Sy Conbieng, 21 Phil 211 (1912)
2. Petition for relief (Rule 38, Secs. 1, 3-6)
3. Reopening by intervention within reglementary period
Lajom v. Viola, 73 Phil. 563 (1942)
Jerez v. Nietes, 30 SCRA 905 (1969)
4. New action to annul settlement within reglementary period
Gerona v. de Guzman, 11 SCRA 153 (1964)
Pedrosa v. CA, 353 SCRA 620 (2001)
Summary settlement of estates of small value (i.e. where estates gross value P10K) (S2)
Estate of Francisco v. Carreon, 95 Phil. 237 (1954)
Sampilo et. al. v. CA et. al., 103 Phil. 70 (1958)
R75 (production of will; allowance of will necessary)
Probate, mandatory
US v. Chiu Guimco, 36 Phil 917 (1917)
Guevarra v. Guevarra, 98 Phil. 249 (1956)
Palacios v. Catimbang Palacios, 106 Phil 739 (1959)
Fernandez v. Dimagiba, 21 SCRA 428 (1967)
Pascual v. CA, 409 SCRA 105
Probate, proceeding in rem
In re Johnson, 39 Phil 156 (1918)
Manahan v. Manahan, 58 Phil 448 (1933)
Alaban v. CA, GR 156021, September 23, 2005
R76 (allowance or disallowance of will)
Jurisdictional requirements for probate of will
Santos v. Castillo, 64 Phil 211 (1937)
Perez v. Perez, 105 Phil 1132 (1959)
De Aranz v. Galing, 161 SCRA 628 (1988)
Basa v. Mercado, 61 Phil 632 (1935)
Scope of inquiry of probate proceeding
Maninang v. CA, 114 SCRA 478 (1982)
Acain v. IAC, 155 SCRA 100 (1987)
Proof required on probate hearing
Gan v. Yap, 104 Phil 509 (1958)
Rodelas v. Aranza, 119 SCRA 16 (1982)
Grounds for disallowance (S9, 10, 13)
R77 (allowance of will proved outside PH; administration of estate thereunder)
Leon & Ghezzie v. Manufacturers Life Ins. Co., 90 Phil 459
Suntay v. Suntay, 95 Phil 500 (1954)
Vda. de Perez v. Tolete, 232 SCRA 722 (1994)
Ancheta v. Guersay-Dalaygon, GR No. 139868, June 8, 2006

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R78 (letters testamentary & of administration, when and to whom issued)
Qualifications
Ngo The Hua v. Chung Kiat Hua, 9 SCRA 113 (1963)
Medina et. al. v. CA, 53 SCRA 206 (1973)
Maloles II v. Phillips, 324 SCRA 172 (2000)
Republic v. Marcos et. al., 595 SCRA 43 (2009)
Order of preference
Torres v. Javier, 34 Phil 382 (1916)
De Guzman v. Limcolioc, 67 Phil 404 (1939)
Torres v. Sicat, 93 Phil 155 (1953)
Emilio Suntay III v Isabel Cojuangco-Suntay, GR 183053, October 10, 2012
R79 (opposing issuance of letters testamentary, petition & contest for letters of admin.)
Interested party
Gutierrez v. Villegas, L-11848, 31 May 1962
Duran v. Duran, 20 SCRA 379 (1967)
Tayag v. Tayag-Gallor, 549 SCRA 368 (2008)
R80 (special administrator)
Circumstances warranting appointment of special administrator
Garcia Fule v. CA, 74 SCRA 189 (1976) supra
De Guzman vs. Guadiz Jr., et al., L-48585, 96 SCRA 938 (1980)
Relucio v. San Jose, 91 Phil 365 (1952)
De Guzman v. Angeles, 162 SCRA 347 (1988)
Heirs of Castillo v. Gabriel, GR 162934, November 11, 2005
Qualifications
Corona v. CA, 116 SCRA 316 (1982)
Matias v. Gonzales, 101 Phil 852 (1957)
Roxas v. Pecson, 82 Phil 407 (1948)
Powers and duties of special administrator
De Gala v. Gonzales, 53 Phil 104
Liwanag v. Reyes, 12 SCRA 43 (1964)
Anderson v. Perkins, 1 SCRA 387 (1961)
Removal of special administrator
Co v. Rosario et al., GR No. 160671, April 30, 2008
Alcasid v. Samson, 102 Phil 735 (1957)
Junquera v. Borromeo, 99 Phil 276 (1956)
R81 (bonds of executors and administrators)
Conditions of the bond
Cosme de Mendoza v. Pacheco, 64 Phil 134 (1937)
Warner, Barnes & Co., Ltd. v. Luzon Surety Co., Inc., 95 Phil 924 (1954)
Luzon Surety Co., Inc. v. Quebrar, 127 SCRA 295 (1984)
R82 (revocation of administration; death, resignation, removal of executors or admins.)
Borromeo v. Borromeo, 97 Phil 549 (1955)
Ocampo v Ocampo, GR 187879, July 2, 2010
R83 (inventory & appraisal. provision for support of family)
Period
Sebial v. Sebial, 64 SCRA 385 (1975)
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provisional inclusion in inventory
Garcia v. Garcia, 67 Phil 353 (1939)
Cuizon v. Ramolete, 129 SCRA 495 (1984)
Guinguing v. Abuton, 48 Phil 144 (1925)
R84 (general powers & duties of executors & administrators)
Powers
Wilson v. Rear, 55 Phil 44 (1930)
San Diego v. Nombre, 11 SCRA 165 (1964)
Conflict of interest
Jaroda v. Cusi, 28 SCRA 1008 (1969)
Mananquil v. Villegas, August 30, 1990
R85 (accountability & compensation of executors & administrators)
Duty to account
Joson v. Joson, 2 SCRA 82 (1961)
Tumang v. Laguio, GR 50277, February 14, 1980
Charges and expenses of the administrator
Rodriguez v. Silva, 90 Phil 752 (1952)
Phil. Trust Co. v. Luzon Surety Co., 2 SCRA 122 (1961)
Quasha Pena v. LCN Const, GR 174873, August 26, 2008
Improper charges
Sison v. Teodoro, 100 Phil 1055
Uy Tioco v. Imperial, 53 Phil 802
R86 (claims against the estate)
Period to file claims
Afan v. De Guzman, 107 Phil 839 (1960)
Heirs of Pizarro v. Consolacion, G.R. No. 51278, 8 May 1988
Nature of claims
Gutierrez v. Berretto-Datu, 5 SCRA 757 (1962)
Aguas v. Llemos, 5 SCRA 939 (1962)
Bank of P.I. v. Concepcion & Hijos, Inc., 53 Phil 806 (1928)
Imperial Ins. Co. v. David, 133 SCRA 317 (1984)
Stronghold v. Republic, GR 147561, June 22, 2006
Procedure
Santos v. Manarang, 27 Phil 209 (1914)
Estate of Olave v. Reyes, 123 SCRA 767 (1983)
Attorneys fees
Salonga Hernandez v. Pascual, GR No. 127165, May 2, 2006
R87 (actions by & against executors & administrators)
Recovery of estate property
Heirs of Gregoire v. Baker, 51 Phil 75 (1927)
Pascual v. Pascual, 73 Phil 561 (1942)
Velasquez v. George, 125 SCRA 456 (1983)
Rioferio et. al. v. CA, 419 SCRA 54 (2004)
Provisional authority of probate court
Modesto v. Modesto, 105 Phil 1066 (1959)
Valera v. Inserto, GR 56504, May 7, 1987
Damages arising from crime
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ABS CBN v Office of Ombudsman, GR 133347, April 23, 2010
R88 (payment of the debts of the estate)
Aldamiz v. Judge of CFI-Mindoro, 85 Phil 228 (1949)
Buan v. Laya, 102 Phil 662 (1957)
Dinglasan v. Ang Chia, 88 Phil 476 (1951)
R89 (sales, mortgages, and other encumbrances of property of decedent)
Authority to sell/mortgage estate property
Godoy v. Orellano, 42 Phil 347 (1921)
CFI of Rizal v. CA, 106 SCRA 114 (1981)
Jaroda v. Cusi, 28 SCRA 1008 (1969)
Pahamotang v. PNB, GR 156403, March 31, 2005
R90 (distribution & partition of the estate)
Partial distribution
Gatmaitan v. Medina, 109 Phil 108 (1960)
Quasha Pena v LCN Const, GR 174873, August 26, 2008
Order of partition/distribution
Torres v. Encarnacion, 89 Phil 678 (1951)
Imperial v. Monoz, 58 SCRA 678 (1974)
Recognition of heirship
Lopez v. Lopez, 68 Phil 227 (1939)
Guy v. CA, GR 163707, September 15, 2006
R91 (escheats)
In re Estate of Lao Sayco, 21 Phil 445 (1912)
Republic v. CA & Solano, GR 143483 (2002)
R109 (appeals in special proceedings)
Testate Estate of Vda. de Biascan v. Biascan, 347 SCRA 621 (2000)
Republic v. Nishina, 634 SCRA 716 (2010)

OTHER SPECIAL PROCEEDINGS

R99-100 (adoption & custody of minors)
AM No. 02-6-02-SC Rules on Adoption
Domestic Adoption
Jurisdiction and VenueSec. 6 & 20; Sec. 7, BP 129; Sec. 5, RA 8369
Eligible PartiesSecs. 4-5; Secs. 7-8, RA 8552; Secs. 2, 3-8, RA 9523
Republic v. CA and Bobiles, 205 SCRA 356 (1992)
Republic v. Toledano and Sps. Clouse, 233 SCRA 9 (1994)
Republic v. Miller, 306 SCRA 183 (1999)
In re Michelle Lim, G.R. No. 168992, 21 May 2009
Consent to AdoptionSec. 9, RA 8552; Art. 2 (2), RA 9523
Cang v. Clavano, 296 SCRA 128 (1998)
ProcedureSecs. 7-18, 21-24; Secs. 10-15, RA 8552
DSWD v. Belen, 275 SCRA 645 (1997)
Effects of AdoptionSec. 10; Secs. 16-18, RA 8552
Republic v. Hernandez, 253 SCRA 509 (1996)

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In re Stephanie Garcia, G.R. No. 148311, March 31, 2005
Rescission and ReovcationSec. 19; Secs. 19-20, RA 8552
Inter-Country AdoptionRA 8043 and IRR
Custody of Minors
(AM No. 03-04-04-SC Rules on Custody of Minors and Writ of HC re: Custody of Minors)
(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 (re: change of clerical/typo. error; first name/nickname), AS AMENDED BY RA
10172 (change of month/day of DOB; change of sex)

IMPORTANT TERMS
Civil register: various registry books + related certificates & documents kept in the
archives of the Local Civil Registry Offices, Philippine consulates, & of the Office of the
Civil Registrar General
City/Municipal civil registrar (C/MCR): head of the Local Civil Registry Office of the
city/municipality appointed by the mayor in accordance w/ law
Record-keeping civil registrar (RKCR): C/MCR in whose archive is kept the record,
which contains the error to be corrected or the first name to be changed; term used only
in cases involving migrant petitioners
Petition-receiving civil registrar (PRCR): C/MCR of the city or municipality where the
petitioner resides or is domiciled and who receives the petition on behalf of the RKCR in
the case of a migrant petitioners
Civil Registrar General: administrator of the NSO, the agency mandated to carry out
and administer laws on civil registration
Clerical/Typographical error: mistake committed in the performance of clerical work in
writing/copying/transcribing/typing an entry in the civil register that is:
a. 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.);
b. Visible to the eyes or obvious to the misunderstanding; &
c. Can be corrected/changed only by reference to other existing record(s)

[HEARTBREAK NOTES] [SpecPro] [v.1.0, 2016]

provided that no correction must involve the change of nationality/age/status of the
petitioner
First name: name/nickname given to a person w/c may consist of one or more names in
addition to the middle & last names
Indigent petitioner: destitute, needy and poor individual who is certified as such by the
social welfare and development office of the city/municipal government

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.
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
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[HEARTBREAK NOTES] [SpecPro] [v.1.0, 2016]

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)
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)
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[HEARTBREAK NOTES] [SpecPro] [v.1.0, 2016]

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
clipping (IRR, Rule 6)

first

If petition is for correction of erroneous

entry concerning DOB

If petition is for correction of erroneous

entry concerning sex

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

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[HEARTBREAK NOTES] [SpecPro] [v.1.0, 2016]

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
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)

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
$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;

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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:
1. The error is not clerical/typographical;
2. The correction of an entry/entries in the
civil register is substantial/controversial
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)

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
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

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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)
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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