Maceda Law (RA 6552)

Applicability: Applies to sale or financing of residential real estate on installment payment covered by
contract to sell and not sale with mortgage, but excluding industrial lots, commercial buildings and sales
to tenants to RA 3844.

RIGHTS OF BUYER:

Buyer paid two years or more of installments

o To pay , without additional interest, any installment due within the grace period which is
equivalent to one month for every year of installment payment, provided that such right
can only be availed of once every five years.
o To receive a thirty day notarial notice of cancellation before his contract can be
cancelled for delinquency.
o To receive cash surrender value of his total payments before his contract can be
cancelled due to delinquency. The refund is equivalent to fifty per cent of the total
payments made, and, after five years of installments, an additional five per cent every
year but not to exceed ninety per cent of the total payments made. Provided, that the
actual cancellation of the contract shall take place after thirty days from receipt by the
buyer of the notice of cancellation or the demand for rescission of the contract by a
notarial act and upon full payment of the cash surrender value to the buyer.
o To transfer or assign his right to the contract.
o To register or annotate his contract on the title.
o To pay, without additional interest, the full principal balance of the price before the
term of the contract.

Buyer paid less than two years of installments practically same rights as a buyer who has paid
two years or more of installments, except for the following differences:
o The grace period to pay without additional interest and any installment due is fixed at
sixty days.
o For cancellation of contract due to delinquency, the buyer is only entitled to receive a
thirty-day notarial notice of cancellation but without right to receive the cash surrender
value of his payments.
 Recto Law

The Recto Law comprises Articles 1484 to 1486 of the Civil Code. It was added to the Civil Code to
prevent abuses in the foreclosure of chattel mortgages, such as when mortgagee-creditors foreclosed
mortgaged property, bought them at a low price (on purpose,) then prosecuted the mortgagor-debtors
to recover the deficiencies.

In the event a buyer of personal property defaults by failing to pay two or more of the agreed
installments, the seller can do any of the following:

Applicability:

Demand that the buyer pay (a.k.a. specific performance)

Cancel or rescind the sale
Foreclose the mortgage on the property bought (if there ever was a chattel mortgage)

Regarding no. 3, this happens when a person takes a loan to buy something and he mortgages the thing
he bought to ensure the creditor that he will pay the loan. Remember: If you choose one remedy, you
cant choose the others. These remedies, believe it or not, are also available to the buyer. You also cant
use all or any of them at the same time. The Recto Law also wont apply to a straight sale (i.e. a sale
where there is a down payment and the balance is payable in the future in a single payment only.) The
seller can also assign his credit to another person, making that person the new creditor.

If the buyer refuses to surrender the items to the seller, he becomes a perverse buyer-mortgagor. When
that happens, the seller can recover expenses and attorneys fees.

The Recto Law also covers leases with the option to purchase.

Recto Law Maceda Law

Provision protects seller buyer
Scope Installment payment of Installment payment of real
personal properties and leases properties excluding industrial
lots, commercial buildings and
sales to tenants to RA 3844.
 CONCURRENCE AND PREFERENCE OF CREDITS

(ARTICLES 2236-2251)

CONCURRENCE OF CREDITS

>Implies the possession by two or more creditors of equal rights or privileges over the
same property or all the property of a debtor

PREFERENCE OF CREDIT

>Right held by a creditor to be preferred in the payment of his claim above others out of the
debtors assets

NATURE AND EFFECT OF PREFERENCE

1. A preference is an exception to the general rule. For this reason, the law as to preferences is
strictly construed.

2. Preference doesnt create an interest in property. It creates simply a right of one creditor to
be paid first the proceeds of the sale of property as against another creditor.

3. The law doesnt give the creditor who has a preference a right to take the property or sell it
as against another creditor. It is not a question who takes or sells; it is one of the applications
of the proceeds after the saleof payment of the debt

4. The right of preference is one which can be made only by being asserted and
maintained. If the right claimed is not asserted or maintained, it is lost.

5. Where a creditor released his levy, leaving the property in possession of the debtor,
thereby indicating that he didnt intend to press his claim further as to that specific
property, after that act, his claim to preference, if one had been asserted y him, could not exist
because he had ceased to contest.
WHEN RULE OF PREFERENCE APPLICABLE

Apply only where two or more creditors have separate and distinct claims against the
same debtor who has an insufficient property
Applicable when the debtor is insolventhaving more liabilities than his assets
It is a matter of necessity and log that the question of preference should arise only when
the debtors assets are insufficient to pay his debts in full

GENERAL CATEGORIES OF CREDIT

1. Special preferred credits listed in Articles 2241 and 2242

2. Ordinary preferred credits listed in Article 2244

3. Common credits under Article 2245

CLASSIFICATION OF CREDITS
Art. 2241. With reference to specific movable property of the debtor, the following claims or
liens shall be preferred:

(1) Duties, taxes and fees due thereon to the State or any subdivision thereof;

(2) Claims arising from misappropriation, breach of trust, or malfeasance by public

officials committed in the performance of their duties, on the movables, money or
securities obtained by them;

(3) Claims for the unpaid price of movables sold, on said movables, so long as they are in
the possession of the debtor, up to the value of the same; and if the movable has been
resold by the debtor and the price is still unpaid, the lien may be enforced on the price;
this right is not lost by the immobilization of the thing by destination, provided it has not
lost its form, substance and identity; neither is the right lost by the sale of the thing
together with other property for a lump sum, when the price thereof can be determined
proportionally;

(4) Credits guaranteed with a pledge so long as the things pledged are in the hands of
the creditor, or those guaranteed by a chattel mortgage, upon the things pledged or
mortgaged, up to the value thereof;

(5) Credits for the making, repair, safekeeping or preservation of personal property, on
the movable thus made, repaired, kept or possessed;
 (6) Claims for laborers' wages, on the goods manufactured or the work done;

(7) For expenses of salvage, upon the goods salvaged;

(8) Credits between the landlord and the tenant, arising from the contract of tenancy on
shares, on the share of each in the fruits or harvest;

(9) Credits for transportation, upon the goods carried, for the price of the contract and
incidental expenses, until their delivery and for thirty days thereafter;

(10) Credits for lodging and supplies usually furnished to travellers by hotel keepers, on
the movables belonging to the guest as long as such movables are in the hotel, but not
for money loaned to the guests;

(11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor,
upon the fruits harvested;

(12) Credits for rent for one year, upon the personal property of the lessee existing on
the immovable leased and on the fruits of the same, but not on money or instruments
of credit;

(13) Claims in favor of the depositor if the depositary has wrongfully sold the thing
deposited, upon the price of the sale.

In the foregoing cases, if the movables to which the lien or preference attaches have
been wrongfully taken, the creditor may demand them from any possessor, within thirty
days from the unlawful seizure. (1922a)

Art. 2242. With reference to specific immovable property and real rights of the debtor, the
following claims, mortgages and liens shall be preferred, and shall constitute an encumbrance
on the immovable or real right:

(1) Taxes due upon the land or building;

(2) For the unpaid price of real property sold, upon the immovable sold;

(3) Claims of laborers, masons, mechanics and other workmen, as well as of architects,
engineers and contractors, engaged in the construction, reconstruction or repair of
buildings, canals or other works, upon said buildings, canals or other works;

(4) Claims of furnishers of materials used in the construction, reconstruction, or repair

of buildings, canals or other works, upon said buildings, canals or other works;
 (5) Mortgage credits recorded in the Registry of Property, upon the real estate
mortgaged;

(6) Expenses for the preservation or improvement of real property when the law
authorizes reimbursement, upon the immovable preserved or improved;

(7) Credits annotated in the Registry of Property, in virtue of a judicial order, by

attachments or executions, upon the property affected, and only as to later credits;

(8) Claims of co-heirs for warranty in the partition of an immovable among them, upon
the real property thus divided;

(9) Claims of donors or real property for pecuniary charges or other conditions imposed
upon the donee, upon the immovable donated;

(10) Credits of insurers, upon the property insured, for the insurance premium for two
years. (1923a)

Art. 2244. With reference to other property, real and personal, of the debtor, the following
claims or credits shall be preferred in the order named:

(1) Proper funeral expenses for the debtor, or children under his or her parental
authority who have no property of their own, when approved by the court;

(2) Credits for services rendered the insolvent by employees, laborers, or household
helpers for one year preceding the commencement of the proceedings in insolvency;

(3) Expenses during the last illness of the debtor or of his or her spouse and children
under his or her parental authority, if they have no property of their own;

(4) Compensation due the laborers or their dependents under laws providing for
indemnity for damages in cases of labor accident, or illness resulting from the nature of
the employment;

(5) Credits and advancements made to the debtor for support of himself or herself, and
family, during the last year preceding the insolvency;

(6) Support during the insolvency proceedings, and for three months thereafter;

(7) Fines and civil indemnification arising from a criminal offense;

(8) Legal expenses, and expenses incurred in the administration of the insolvent's estate
for the common interest of the creditors, when properly authorized and approved by
the court;
 (9) Taxes and assessments due the national government, other than those mentioned in
Articles 2241, No. 1, and 2242, No. 1;

(10) Taxes and assessments due any province, other than those referred to in Articles
2241, No. 1, and 2242, No. 1;

(11) Taxes and assessments due any city or municipality, other than those indicated in
Articles 2241, No. 1, and 2242, No. 1;

(12) Damages for death or personal injuries caused by a quasi-delict;

(13) Gifts due to public and private institutions of charity or beneficence;

(14) Credits which, without special privilege, appear in (a) a public instrument; or (b) in a
final judgment, if they have been the subject of litigation. These credits shall have
preference among themselves in the order of priority of the dates of the instruments
and of the judgments, respectively. (1924a)

PREFERRED CREDITS WITH RESPECT TO SPECIFIC MOVABLE PROPERTY

Articles 2241 and 2242 dont give the order of preference or priority of payment
They merely enumerate the credits which enjoy preference with respect to specific
movables or immovables
With respect to the same specific movable or immovable, creditors with the exception
of the State, merely concur
REMEMBER that preference is only given to #1 and the rest shall be treated
equally
NON-PREFERRED OR COMMON CREDITS

Credits other than those mentioned in 2241, 2242, and 2244 shall enjoy no preference
and such common credits shall be paid pro rata regardless of dates

ORDER OF PREFERENCE OF CREDITS

Art. 2246. Those credits which enjoy preference with respect to specific movables,
exclude all others to the extent of the value of the personal property to which the
preference refers.

Art. 2247. If there are two or more credits with respect to the same specific movable property,
they shall be satisfied pro rata, after the payment of duties, taxes and fees due the State
or any subdivision thereof. (1926a)
Art. 2248. Those credits which enjoy preference in relation to specific real property or real
rights, exclude all others to the extent of the value of the immovable or real right to
which the preference refers.

Art. 2249. If there are two or more credits with respect to the same specific real property or
real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments
upon the immovable property or real right. (1927a)

Art. 2250. The excess, if any, after the payment of the credits which enjoy preference
with respect to specific property, real or personal, shall be added to the free property
which the debtor may have, for the payment of the other credits. (1928a)

TWO-TIER ORDER OF PREFERENCE

First tier includes only taxes, duties and fees due on a specific movable or
immovable property
All other special preferred credits stand on the second tier to be satisfied paripassu and
pro rata, out of the residual value of the specific property to which such other
credits relate
The pro-rata rule however doesnt apply to credits annotated in the RD in
virtue of a judicial order, by attachments and executions, which are preferred to
later credits. In satisfying several credits annotated by attachments and
executions, the rule is still preference according to the priority of credits in the order
of time.
ORDER OF PRIORITY ONLY WITH RESPECT TO INSOLVENTS FREE PROPERTY

1. Specially preferred creditscredits which are specially preferred because they

constitute liens take precedence over ordinary preferred credits so far as concerns the
property to which the liens are attached

a. Specific property involved of greater value

b. Specific property involved of lesser valuewill be treated as ordinary preferred
credits and to be paid in the order of preference therein provided

2. Ordinary preferred creditsonly in respect of the insolvents free property, is an

order of priority established. In this sequence, certain taxes and assessments also
figure but, as already pointed out, these dont have the same kind of overriding preference

Art. 2245. Credits of any other kind or class, or by any other right or title not comprised in
the four preceding articles, shall enjoy no preference. (1925)
 VOLUNTARY AND INVOLUNTARY DEALINGS OF
REGISTERED LANDS

Voluntary dealings refer to deeds, instruments or documents which are the results of the free
and voluntary acts of the parties.
Involuntary dealings refer to such writs, order or process issued by a court of record affecting
registered land which are not the willful acts of the registered owner and which may have been
executed even without his/her knowledge or against his/her consent.
Example Voluntary Dealings:
Sales
Conveyances or transfers of ownership over titled property, mortgages and leases
powers of attorney
trusts

Examples of involuntary Dealings
Writs of attachment
Injunction or mandamus,
Sale or execution of judgment or sale for taxes,
Adverse claims and notice of lispendens

Lispendens a notice of pending litigation; a warning to the whole world that one who buys
the property so annotated does so at his/her own risk. (Rehabilitation Finance Corp. v. Morales,
101 Phil. 175)

VOLUNTARY DEALINGS WITH REGISTERED LAND

Operative Act registration by owner; deed not registered binding only between parties
Process of Registration:
1. File instrument creating or transferring interest and certificate of title with Register of Deeds
2. Owners duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
Voluntary dealings
Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings
 No presentation required; sufficient that annotation in entry book is sufficient
Formal requisites of a deed:
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation:

a. Register of Deeds to keep an entry book day book

b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year, month, day,
time, minute of reception of instrument; Registered from time of entry

c. Fees of 5 bucks per document to be paid within 15 days

d. Note memorandum & sign & issuance of certificate

e. Documents are numbered & indexed & indorsed with reference to certificate of title public records

f. Subject to reasonable regulation

Cost borne by vendor.

INVOLUNTARY DEALINGS WITH REGISTERED LAND

Involuntary Dealings transactions affecting land in which cooperation of registered owner is not needed: it
may even be against his will
Attachment
A writ issued at the institution or during progress of an action commanding the sheriff to attach the
property, rights, credits or effects of the defendant to satisfy demands of the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with
Register of Deeds where land lies, containing number of certificate of title of land to be affected or
description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or name of person whom
property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
 4. Register of Deeds shall within 36 hours send notice to registered owner by mail stating that there has been
registration & requesting him to produce duplicate so that memorandum be made
5. If owner neglects or refuses Register of Deeds shall report matter to court
6. Court after notice shall enter an order to owner to surrender certificate at time & place to be named
therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register of Deeds
produces effect of registration already.
Effect of Registration of Attachment:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments one that is earlier in registration is preferred
4. If not registered actual knowledge is same as registration
Duty of Register of Deeds
Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or possible future interest in land
3. Unless: heir
Properties Exempt From Execution: Family Home
Attachment How continued, reduced or discharged
Any method sufficient in law
Document to be registered
1. EXECUTION SALE
To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall
be filed with Register of Deeds where land lies
Register in registration book & memorandum upon proper certificate of title as adverse claim or as an
encumbrance
To determine preferential rights between 2 liens: priority of registration of attachment
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a public &
conspicuous place in place wherein property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be
strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
Procedure of Registration of Tax Sale:
1. Officers return shall be submitted to Register of Deeds together with duplicate title
2. Register in registration book
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance
 4. After period of redemption has expired & no redemption (2 years from registration of auction sale)
cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall
not be cancelled
Actual Knowledge is Equivalent to Registration
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of
certificate of land, name of registered owner, description of land in which right/interest is claimed signed
& sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same claimant

SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344)
Before: covers voluntary dealings, now includes involuntary dealings
Effect if prospective; binds 3rd persons after registration but yields to better rights of 3 rd person prior to
registration (limited effect to 3rd parties)
Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal
 DOMESTIC ADOPTION

What is Domestic Adoption?

Domestic Adoption is an adoption proceeding which is not inter-country. An inter-country adoption is an adoption proceeding
which involves the adoption of a Filipino child by foreign nationals and Filipino citizens who are permanently residing abroad.

Who may adopt?

1) Any Filipino citizen who is of legal age, possessing full civil capacity and legal rights, of good moral character, has not been
convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen
years older than the person to be adopted, and who is in a position to support and care for his/her children in keeping with the
means of the family;

2) Any alien who possesses the same qualifications above stated for Filipino nationals, provided:
a) The alien's country has diplomatic relations with the Republic of the Philippines;
b) The alien has been living in the Philippines for at least three (3) continuous years prior to the filing of the
application for adopted and maintains such residence until the adoption decree is entered;
c) The alien has been certified by the diplomatic or consular office or any appropriate government agency that he/she
has legal capacity to adopt in his/her country;
d) That the alien's government allows the adoptee to enter the alien's country as his/her son or daughter. (Section 7,
RA 8552)

Who may be adopted?

(a) Any person below eighteen (18) years of age who has 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 the 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). (Section 8, RA 8552)

Who is a child declared available for adoption?

A child who has been voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD) or
to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological
parents or guardian or adopters in case of rescission of adoption.

What are the instances when the husband or the wife may adopt on his or her own?

Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or
(2) When one spouse seeks to adopt the legitimate child of the other; or
(3) When the spouses are legally separated.

Whose consent is necessary to the adoption?

The written consent of the following is required:

(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has
legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's
spouse, if any; and
(e) The spouse, if any, of the person adopting or to be adopted. (Section 9, RA 8552)

What is the procedure for domestic adoption?

A petition shall be filed at the Family Court of the province or city where the prospective adoptive parents reside. (Section 6,
New Rule on Adoption) Thereafter, an Order shall be issued by the Court that includes a directive for the publication of the
Petition on a newspaper of general circulation and a directive for the court social worker to conduct a home study report.

The Court-appointed social worker shall thereafter conduct the home study and submit the report. During the hearing, the
petitioner and the adoptee must personally appear and the former must testify before the presiding judge of the
court. (Section 12-14, New Rule on Adoption)

What must the Petition contain?

The Petition must be verified and must allege the jurisdictional facts and that the petitioner possesses all the qualifications laid
out in Section 7(1) of RA 8552. A certification of non-forum shopping shall be included therein.

If the adopter is the legal guardian of the adoptee, the Petition must allege that the guardianship has been terminated and
the guardian had cleared his financial accountabilities.

If the adopter is married, the spouse must be a co-petitioner for joint adoption except for circumstances enumerated in
Number 10. (Section 7, New Rule on Adoption)

Are there any documents that I should produce to support my Petition for adoption?
The following documents shall be annexed to the Petition:

(1) The birth or baptismal certificate and school records showing the name, age and residence of the adoptee;
(2) Affidavit of Consent of the following persons:
a) The adoptee, if he/she is 10 years old or older;
b) The biological parents of the adoptee or the legal guardian or the child-placement agency, child-caring agency or
the government instrumentality which has legal custody of the child;
c) The legitimate and adopted children of the adopter and the adoptee who are 10 years old or older;
d) The illegitimate children of the adopter who are living with him and who are 10 years old or older;
e) The spouse of the adopter or adoptee
(3) The child study report on the adoptee and his biological parents;
(4) If the petitioner is an alien, the certification from his diplomatic or consular office certifying the requirement in Section 7(c)
and (d) of RA 8552
(5) Home study Report on the adopters;
(6) The decree of annulment, nullity or legal separation of the adopter, if any (Section 11, New Rule on Adoption)

When will a Decree of Adoption be issued?

A Decree of Adoption shall be issued when the Court is satisfied that the adoption shall redound to the best interest of the
adoptee after considering the evidence adduced by the petitioner and the results of the supervised trial custody. The decree
shall take effect as of the date the original petition was filed.

What are the effects of adoption?

All legal ties between the biological parents and the adoptee shall cease and be vested upon the adopter/s. The adoptee shall
be considered the legitimate child of the adopters and shall be entitled to all the rights and obligations of a legitimate child. In
addition, the adopted child/children shall inherit the same or equal to that of the legitimate children's share in the adopter's
estate should the latter die intestate. (Section 16-18, RA 8552)
 INTER-COUNTRY ADOPTION
Section 26. Applicability. The following sections apply to inter-country adoption of Filipino
children by foreign nationals and Filipino citizens permanently residing abroad.

Section 27. Objectives. The State shall:

a) consider inter-country adoption as an alternative means of child care, if the child

cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be
cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection
accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in
improper financial gain for those involved.

Section 28. Where to File Petition. A verified petition to adopt a Filipino child may be filed by a
foreign national or Filipino citizen permanently residing abroad with the Family Court having
jurisdiction over the place where the child resides or may be found.

It may be filed directly with the Inter-Country Adoption Board.

Section 29. Who may be adopted. Only a child legally available for domestic adoption may be
the subject of inter-country adoption.

Section 30. Contents of Petition. The petitioner must allege:

a) his age and the age of the child to be adopted, showing that he is at least twenty-
seven (27) years of age and at least sixteen (16) years older than the child to be adopted
at the time of application, unless the petitioner is the parent by nature of the child to be
adopted or the spouse of such parent, in which case the age difference does not apply;

b) if married, the name of the spouse who must be joined as co-petitioner except when
the adoptee is a legitimate child of his spouse;

c) that he has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counseling from
an accredited counselor in his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

 f) that he can provide the proper care and support and instill the necessary moral values
and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine
laws and the U. N. Convention on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of Republic Act No. 8043;

h) that he comes from a country with which the Philippines has diplomatic relations and
whose government maintains a similarly authorized and accredited agency and that
adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in
this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

Section 31. Annexes. - The petition for adoption shall contain the following annexes written and
officially translated in English:

a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judgment

dissolving the marriage;

c) Sworn statement of consent of petitioners biological or adopted children above ten

(10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly

licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial
capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filing of the
petitioner;

g) Character reference from the local church/minister, the petitioners employer and a
member of the immediate community who have known the petitioner for at least five
(5) years;

h) Full body postcard-size pictures of the petitioner and his immediate family taken at
least six (6) months before the filing of the petition.

Section 32. Duty of Court. The court, after finding that the petition is sufficient in form and
substance and a proper case for inter-country adoption, shall immediately transmit the petition
to the Inter-Country Adoption Board for appropriate action.
 Republic Act No. 9255
ADMINISTRATIVE ORDER NO. 1
Series of 2016

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9255 (An Act Allowing Illegitimate
Children to Use the Surname of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209,
Otherwise Known as the "Family Code of the Philippines")

As mandated by Republic Act No. 10625, the Civil Registrar General promulgates the Revised Implementing Rules
and Regulations of Republic Act No. 9255 based on the Supreme Court Ruling in the case of "Grande vs . Antonio ",
G.R. 206248 dated February 18, 2014.

Rule 1. Coverage
This Revised Implementing Rules and Regulations shall apply to all illegitimate children born during the effectivity
of R.A. No. 9255 ;

Rule 2. Definition of Terms

As used in this Revised Implementing Rules and Regulations , the following terms shall mean:

2.1 Public Document refers to the Affidavit of Admission of Paternity and other public documents enumerated
under Memorandum Circular 04-12 dated October 18, 2004 attached as Annex A.

2.2 Private Handwritten Instrument is an instrument in the handwriting of the father and duly signed by him
where he expressly recognizes the paternity of the child during his life.time.

2.3 Affidavit to Use the Surname of the Father (AUSF) is an instrument executed in order to use the surname of
the father . The AUSF is a registrable document.

2.4 Local Civil Registry Office (LCRO) is a department in the city or municipal government mandated to perform
civil registration functions .

2.5 Philippine Foreign Service Post (PFSP) refers to all Philippine embassies , missions , consulates general and
other foreign service establishments maintained by the Department of Foreign Affairs

(Section 5[k] of Republic Act No. 7157 (An Act Revising Republic Act No. 708, as amended).

As used in this Revised Implementing Rules and Regulations, the PFSP shall refer only to Embassies and Consulates
General of the Philippines abroad. The Embassy is headed by an Ambassador while the Consulate General is
headed by a Consul General. The Ambassador is the head of the PFSP while a Consulate General is headed by the
Consul General who has also Consul and/or Vice Consul to assist him in the performance of the consular
functions. An Embassy has a Consular Section and this is under the Consul General who supervises the consular
functions of the Embassy.

2.6 The Civil Registrar General (CRG) is the head of the Philippine Statistics Authority who has the power
to issue orders and instructions to the Local Civil Registrars regarding the performance of their duties.
2.7 Guardian refers to a person lawfully invested with the power, and charged with the duty, of taking care of one
who, for defect of age, understanding, or self control , is considered incapable of administering his own affairs .
The term "guardian " also refers to those authorized to exercise substitute parental authority over the child
in default of parents or a judicially-appointed guardian (Title IX, Family Code). Those exercising substitute parental
authority are the following :

1) The surviving grandparent, as provided in Article 214, Family Code of the Philippines;

2) The oldest brother or sister, over 21 years of age, unless unfit or disqualified (Article 216(2), Family
Code; and

3) The child's actual custodian , over 21 years of age , unless unfit or disqualified , as provided in Article
216(3), Family Code of the Philippines.

2.8 Certificate of Live Birth (COLB) or Municipal Form No. 102 is the prescribed form used for the declaration of
facts and circumstances surrounding the birth of a person for purposes of registration.

2.9 Report of Birth (ROB) is the prescribed form used for the declaration of facts and circumstances surrounding
the birth of a person born abroad to Filipino parentis for purposes of registration .

Rule 3. What to File

The following documents shall be filed at the LCRO or PFSP for registration :

3.1 Affidavit of Admission of Paternity

3.2 Private Handwritten Instrument

3.3 Affidavit to Use the Surname of the Father

Rule 4. Who may file

The following persons are authorized to file at the LCRO or PFSP:

4.1 The father , mother, the person himself , if of age, or the guardian, may file the Affidavit of Admission
of Paternity.

4.2 The father , mother, the person himself, if of age, or the guardian , may file the Affidavit to Use the
Surname of the father .

4.3 The father shall personally file the Private Handwritten Instrument (PHI) , if the proof of filiation is
through a PHI, at the LCRO/PFSP for registration.

The mother , the person himself, if of age, or the guardian , may file the PHI if the father is already deceased. The
PHI can be accepted provided there are supporting documents to prove filiation .

Rule 5. Where to register

For births that occur in the Philippines , the Affidavit of Admission of Paternity , Private Handwritten Instrument or
Affidavit to Use the Surname of the Father executed in the Philippines shall be registered at the LCRO of the place
of birth.
For births that occur within or outside the Philippines, the Affidavit of Admission of Paternity , Private
Handwritten Instrument or Affidavit to Use the Surname of the Father executed outside the Philippines shall
be registered at the PFSP of the country of residence , or where there is none, to the PFSP of the country
nearest the place of residence of the party concerned.

For births that occur outside the Philippines, the Affidavit of Admission of Paternity, Private Handwritten
Instrument, or Affidavit to Use the Surname of the Father executed in the Philippines shall be registered at the
Local Civil Registry Office of the place of execution .

Rule 6. When to Register

The Affidavit of Admission of Paternity , Private Handwritten Instrument, or the Affidavit to Use the Surname of
the Father shall be registered within twenty (20) days from the date of execution. Otherwise , the rules on delayed
registration under Administrative Order No. 1, Series of 1993 (IRR of Act. No. 3753 and Other Laws on Civil
Registration) shall apply.

Rule 7. How to Register

7.1 The City/Municipal Civil Registrar (C/MCR), Consul General , Consul, or Vice Consul shall examine the
completeness and correctness of entries in the Certificate of Live Birth (COLB)/Report of Birth (ROB) , and the
supporting documents . If there are inconsistencies , the C/MCR, Consul Genera l, Consul , or Vice Consul, shall
not accept the documents for registration .

7.2 Accept the following documents for registration :

COLB/ROB
Affidavit of Admission of Paternity
Private Handwritten Instrument
Affidavit to Use the Surname of the Father

7.3 Record the entries of the COLB/ROB in the Register of Births, Affidav it of Admission of Paternity , Private
Handwritten Instrument and the Affidavit to Use the Surname of the Father in the Register of Legal Instruments .

7.4 Annotate the COLB/ROB and enter the annotation on the Remarks portion of the Register of Births.

7.5 Distribute the annotated COLB/ROB , registered Affidavit of Admission of Paternity , Affidavit to Use the
Surname of the Father, or Private Handwritten Instrument including any supporting document as follows:
first copy to the CRG;
second copy to the LCRO/PFSP where the event was registered;
third copy to the registrant/owner of the document;
fourth copy shall be retained for filing by the LCRO/PFSP.

7.6 Issue certified copies of COLB/ROB or certified transcription (LCR Form 1A) with annotations and cert ified
copies of the Affidavit of Admission of Paternity, AUSF, and Private Handwritten Instrument.

Rule 8. Effects of Recognition

8.1 As a rule, an illegitimate child not acknowledged by the father shall use the surname of the mother.

8.2 Illegitimate child acknowledged by the father shall use the surname of the mother if no AUSF is executed.

8.3 An illegitimate child aged 0-6 years old acknowledged by the father shall use the surname of the father, if the
mother or the guardian , in the absence of the mother , executes the AUSF.
8.4 An illegitimate child aged 7 to 17 years old acknowledged by the father shall use the surname of the father
if the child executes an AUSF fully aware of its consequence as attested by the mother or guardian .

8.5 Upon reaching the age of majority , an illegitimate child acknowledged by the father shall use the surname of
his father provided that he executes an AUSF without need of any attestation .

Rule 9. Annotations

9.1 For births not yet registered:

9.1.1 Without Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity at the back of the COLB is executed and there is no AUSF
executed by the mother or the person himself , the child shall be registered under the surname
of the mother. There shall be no annotation on the COLB. However, there shall be annotation on
the Remarks Column of the Register of Births as follows:

"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of

Paternity)."

b. If a separate Affidavit of Admission of Paternity is executed and there is no AUSF executed by

the mother or the person himself, the child shall be registered under the surname of the mother.
There shall be an annotation on the COLB/ROB and on the Remarks Column of the Register of
Births as follows:

"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of

Paternity) under (Registry No. of the Affidavit of Admission of Paternity)."

c. If a Private Handwritten Instrument is executed and there is no AUSF executed by the mother
or the person himself, the child shall be registered under the surname of the mother .
There shall be an annotation on the COLB/ROB and on the Remarks Column on the
Register of Births as follows:

"Acknowledged by (name of father) under (Registry No. of the Private Handwritten Instrument)."

9.1.2 With Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity at the back of the COLB is executed and an AUSF is
executed by the mother or the guardian, in the absence of the mother, or the person himself ,
the child shall be registered under the surname of the father . There shall be no annotation on
the COLB. However , there shall be annotation on the Remarks Column of the Register of Births
as follows :

"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of

Paternity) pursuant to RA 9255. "

b. If Affidavit of Admission of Paternity is executed in a separate public document , and an AUSF

is executed by the mother or the guardian , in the absence of the mother, or the person himself ,
the child shall be registered under the surname of the father. There shall be an annotation on the
COLB/ROB and on the Remarks Column of the Register of Births as follows:
 "Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of
Paternity) under (Registry No. of the Affidavit of Admission of Paternity)" pursuant to RA 9255."

c. If a Private Handwritten Instrument is executed and an AUSF is executed by the mother or the
guardian, in the absence of the mother or the person himself , the child shall be registered under
the surname of the father. There shall be an annotation on the COLB/ROB and on the Remarks
Column of the Register of Births as follows:

"Acknowledged by (name of father) under (Registry No. of the Private Handwritten Instrument)"
pursuant to RA 9255. "

9.2 For births previously registered under the surname of the mother and not acknowledged by the father

9.2.1 Without Affidavit to Use the Surname of the Father

a. If Affidavit of Admission of Paternity is executed in a separate public document and there is no

AUSF executed by the mother or the guardian , in the absence of the mother, or the person
himself , the COLB/ROB and on the Remarks Column of the Register of Births shall be
annotated as follows :

"Acknowledged by (name of father) on (date of execution of the Affidavit of Admission of

Paternity) under (Registry No. of the Affidavit of Admission of Paternity) ."

b. If a Private Handwritten Instrument is presented and there is no AUSF executed by the

mother or the guardian , in the absence of the mother , or the person himself , the COLB/ROB
and on the Remarks Column of the Register of Births shall be annotated as follows:

"Acknowledged by (name of father) under (Registry No. of the Private Handwritten Instrument)."

9.2.2. With Affidavit to Use the Surname of the Father

a. If Admission of Paternity is executed in a separate public document , and an AUSF is

executed by the mother or the guardian , in the absence of the mother , or the person
himself , the child shall use the surname of the father . There shall be an annotation in the
COLB/ROB and on the Remarks Column of the Register of Births as follows :

"Acknowledged by (name of father) on (date of ex ecution of the Affidavit of Admission of

Paternity) under (Registry No. of the Affidavit of Admission of Paternity). The child shall be known
as (full name of the child) pursuant to RA 9255."

b. If a Private Handwritten Instrument is presented and an AUSF is executed by the mother or the
guardian , in the absence of the mother , or the person himself, the child shall use the
surname of the father . There shall be an annotation on the COLB/ROB and on the Remarks
Column of the Register of Births as follows:

"Acknowledged by (name of father) under (Registry No of the Private Handwritten Instrument)."

The child shall be known as (full name of the child) pursuant to RA 9255."
9.3 For births previously registered using the surname of the mother and the child is acknowledged by the father

9.3.1 With Affidavit to Use the Surname of the Father

If the AUSF is executed by the mother or the guardian , in the absence of the mother , or the
person himself , the child shall use the surname of the father. There shall be an annotation on
the COLB/ROB and on the Remarks Column of the Register of Births as follows :

''The child shall be known as (full name of the child) pursuant to RA 9255."

Rule 10. Separability Clause

If any provision of this Revised Implementing Rules and Regulations is declared void or unconstitutional , the
remaining portions or provisions thereof shall not be affected by such declaration .

Rule 11. Repealing Clause

All circulars , memoranda , rules and regulations or parts thereof inconsistent with the provisions of this Revised
Implementing Rules and Regulations are hereby repealed or modified accordingly.

Rule 12. Effectivity

This Revised Implementing Rules and Regulations shall take effect 15 days after its publication in a newspaper of
general circulation in the Philippines .
 Republic Act No. 9048
Republic of the Philippines
Congress of the Philippines Metro Manila Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
[REPUBLIC ACT NO. 9048]

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A
CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL
REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE
CIVIL CODE OF THE PHILIPPINES.

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname - No entry
in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors
and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil
registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

SECTION 2. Definition of Terms - As used in this Act, the following terms shall mean:

1. "City or Municipal civil registrar" refers to the head of the local civil registry office of the city or municipality,
as the case may be, who is appointed as such by the city or municipal mayor in accordance with the
provisions of existing laws.
2. "Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the
correction of a clerical or typographical error in an entry or change of first name or nickname in the civil
register.
3. "Clerical or typographical error" refers to a mistake committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by reference to other existing record or records:
Provided, however, That no correction must involve the change of nationality, age, status or sex of the
petitioner.
4. "Civil Register" refers to the various registry books and related certificates and documents kept in the
archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Registrar General.
5. "Civil registrar general" refers to the Administrator of the National Statistics Office which is the agency
mandated to carry out and administer the provision of laws on civil registration.
 6. "First name" refers to a name or nickname given to a person which may consist of one or more names in
addition to the middle and last names.

SECTION 3. Who May File the Petition and Where. - Any person having direct and personal interest in the
correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil
register may file, in person, a verified petition with the local civil registry office of the city or municipality where
the record being sought to be corrected or changed is kept.

In case the petitioner has already migrated to another place in the country and it would not be practical for
such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar
keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil
registrar of the place where the interested party is presently residing or domiciled. The two (2) local civil registrars
concerned will then communicate to facilitate the processing of the petition.

Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition,
in person, with the nearest Philippine Consulates.

The petitions filed with the city or municipal civil registrar or the consul general shall be processed in
accordance with this Act and its implementing rules and regulations.

All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed
of only once.

SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first name or nickname
may be allowed in any of the following cases:

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult
to write or pronounce.
2. The new first name or nickname has been habitually and continuously used by the petitioner and he has
been publicly known by that by that first name or nickname in the community: or
3. The change will avoid confusion.

SECTION 5. Form and Contents of the Petition. - The petition shall be in the form of an affidavit, subscribed and
sworn to before any person authorized by the law to administer oaths. The affidavit shall set forth facts necessary
to establish the merits of the petition and shall show affirmatively that the petitioner is competent to testify to the
matters stated. The petitioner shall state the 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 (2) public or private documents showing the correct entry or entries upon which the correction
or change shall be based; and
3. Other documents which the petitioner or the city or municipal civil registrar or the consul general may
consider relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall likewise be supported with the documents
mentioned in the immediately preceding paragraph. In addition, the petition shall be published at least once a
week for two (2) consecutive weeks in a newspaper of general circulation. Furthermore, the petitioner shall submit
a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record.

The petition 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 to the Office of the Civil
Registrar General; and third copy to the petitioner.

SECTION 6. Duties of the City or Municipal Civil Registrar or the Consul General. - The city or municipal civil
registrar or the consul general to whom the petition is presented shall examine the petition and its supporting
documents. He shall post the petition in a conspicuous place provided for that purpose for ten (10) consecutive
days after he finds the petition and its supporting documents sufficient in form and substance.

The city or municipal civil registrar or the consul general shall act on the petition and shall render a decision
not later than five (5) working days after the completion of the posting and/or publication requirement. He shall
transmit a copy of his decision together with the records of the proceedings to the Office of the Civil Registrar
General within five (5) working days from the date of the decision.

SECTION 7. Duties and Powers of the Civil Registrar General. - The civil registrar general shall, within ten (10)
working days from receipt of the decision granting a petition, exercise the power to impugn such decision by way
of an objection based on the following grounds:

1. The error is not clerical or typographical;

2. The correction of an entry or entries in the civil register is substantial or controversial as it affects the civil
status of a person; or
3. The basis used in changing the first name or nickname of a person does not fall under SECTION 4.

The civil registrar general shall immediately notify the city or municipal civil registrar or the consul general of
the action taken on the decision. Upon receipt of the notice thereof, the city or municipal civil registrar or the
consul general shall notify the petitioner of such action.
 The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with
the proper court.

If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal civil
registrar or of the consul general within the period prescribed herein, such decision shall become final and
executory.

Where the petition is denied by the city or municipal civil registrar or the consul general, the petitioner may
either appeal the decision to the civil registrar general or file the appropriate petition with the proper court.

SECTION 8. Payment of Fees. - The city or municipal civil 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 fee.

SECTION 9. Penalty Clause. - A person who violates any of the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than six (6) years but not more than twelve (12) years, or a fine of not less
than Ten thousand pesos (P10,000.00) but not more than One Hundred Thousand pesos (P100,000.00), or both, at
the discretion of the court.

In addition, if the offender is a government official or employee he shall suffer the penalties provided under
civil service laws, rules and regulations.

SECTION 10. Implementing Rules and Regulations. - The civil registrar general shall, in consultation with the
Department of Justice, the Department of Foreign Affairs, the Office of the Supreme Court Administrator, the
University of the Philippines Law Center and the Philippine Association of Civil Registrars, issue the necessary rules
and regulations for the effective implementation of this Act not later than three (3) months from the effectivity of
this law.

SECTION 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code and other laws.

SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the
remaining portions or provisions thereof shall not be affected by such declaration.

SECTION 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least
two (2) national newspapers of general circulation.
WHAT IS REPUBLIC ACT 9048?
Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a clerical or
typographical error in an entry and/or change the first name or nickname in the civil register without need of a
judicial order.
RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or
surname of a person, or any correction or change of entry in a civil register without a judicial order.
President Gloria Macapagal-Arroyo approved the act on 22 March 2001. With the law taking effect on 22 April
2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in
the newspaper in August that year.

WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows these corrections:
Correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving
the change in sex, age, nationality and status of a person.

WHAT ARE THE CONDITIONS UNDER RA 9048 THAT THE PETITIONER NEEDS TO COMPLY WITH?
(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to
write or pronounce;
(2) The new first name or 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,
(3) The change will avoid confusion.

WHO MAY FILE THE PETITION?

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed
by a person of legal age who must have a direct and personal interest in the correction of the error or in the
change of first name in the civil register.
A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen
years old) cannot by himself file a petition, either for correction of clerical or typographical error or for change of
his first name.
Only the following persons are considered to have a direct and personal interest in the correction of clerical error
or change of first name:
Owner of the record that contains the error to be corrected or first name to be changed
Owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly
authorized by law or by the owner of the document sought to be corrected.

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished
properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 require
that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person
authorized to administer oath.
Basically, the petition must contain the following facts or information:
Merits of the petition
Competency of the petitioner
 Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first
name

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR TYPOGRAPHICAL ERROR IN A
CIVIL REGISTRY DOCUMENT?
The petition shall not be processed unless the petitioner supports it with the required documents. The supporting
documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to
Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic
requirements:
Certified machine copy of the certificate containing the alleged erroneous entry or entries

Not less than 2 public or private documents upon which the correction shall be based. Examples of these
documents are the following: baptismal certificate, voter's affidavit, employment record, GSIS/SSS record, medical
record, school record, business record, driver's license, insurance, land titles, certificate of land transfer, bank
passbook, NBI/police clearance, civil registry records of ascendants, and others.

Notice and Certificate of Posting

Certified machine copy of the Official Receipt of the filing fee
Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

WHAT ARE THE SUPPORTING PAPERS FOR CHANGE OF FIRST NAME?

As in the case of correction of clerical error, no petition for change of first name shall be accepted unless the
petitioner submits the required supporting papers, as follows:
All the documents required of the petitioner for the correction of clerical error shall also be required of
the petitioner for change of first name.
Clearance from authorities such as clearance from employer, if employed; the National Bureau of
Investigation; the Philippine National Police; and other clearances as may be required by the concerned
C/MCR.
Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper clippings
should be attached.

HOW MUCH IS THE FEE IN FILING A PETITION?

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following
rates of filing fees:
One thousand pesos (P1,000.00) for the correction of clerical error
Three thousand pesos (P3,000.00) for the change of first name
In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The
fees are the following:
Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error
One hundred fifty U.S. dollars ($150.00) for the change of first name
A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).
This service fee shall accrue to the local treasury of the PRCR.
Five hundred pesos (P500.00) for correction of clerical or typographical error
One thousand pesos (P1,000.00) for change of first name
WHERE SHOULD THE PETITION BE FILED?
The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record
containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the
case of the Office of the Clerk of Shari'a Court where records of divorces, revocations of divorces, conversions to
Islam are kept and where some Muslim marriages are registered.
However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or
domicile is different from where his civil registry record or records are registered, he may file the petition in the
nearest LCRO in his area. His petition will be treated as a migrant petition.
 BREACH OF CONTRACT
A breach of contract (culpa contractual) is the fault or negligence incident in the performance of an obligation
which already existed, and which increases the liability from such already existing obligation.[1] (The
consequences for a breach of contract have been discussed at length in Chapter 3, Law on Obligations.)

The debtor is liable for damages if it breaches its obligations in either or a combination of these instances: (a) the
debtor is guilty of fraud, negligence, or delay, and/or (b) the debtor contravenes in any manner the tenor of the
obligation.

Fraud Any responsibility as a result of fraud is demandable in all obligations. The parties cannot stipulate of a
waiver of an action for future fraud as it is prohibited.

Fault or negligence Fault or negligence of the debtor consists in the omission of that diligence required by the
nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. Any
responsibility arising from negligence is demandable in all obligations. If bad faith is established along with
negligence, the debtor is liable for all damages that may reasonably be attributed to the non-performance of the
obligation.

Delay When in delay, the debtor is made liable for damages that may result therefrom. In some cases, the debtor
in delay is even liable for fortuitous events.

Contravention of the tenor The obligations agreed upon must be complied with in good faith. Hence, if the
obligation is not performed according to the tenor of the contract, the party at fault may be held liable for breach
of obligations.

Is it punishable by imprisonment?
No, because it is not a crime. It is only a civil case but nonetheless you can still be held liable for damages.

What are the consequences then if someone has committed breach of contract?
In RCPI v. Verchez, the mere proof of the existence of the contract and the failure of its compliance justify a
corresponding right of relief on the part of the aggrieved party. The law will not permit a party to be set free from
liability for any kind of misperformance of the contractual undertaking or a contravention of the tenor thereof.

So if ever i'm planning to sue someone for breach of contract, what are my remedies as a plaintiff?
You can always file a case in court and ask for damages for whatever injury or harm you may have suffered as a
result of breach in his contractual obligations.

Again as in the case of RCPI v. Verchez, "a breach upon the contract confers upon the injured party a valid cause
for recovering that which may have been lost or suffered. The remedy serves to preserve the interests of the
promissee that may include his "expectation interest," which is his interest in having the benefit of his bargain by
being put in as good a position as he would have been in had the contract been performed, or his "reliance
interest," which is his interest in being reimbursed for loss caused by reliance on the contract by being put in as
good a position as he would have been in had the contract not been made; or his "restitution interest," which is his
interest in having restored to him any benefit that he has conferred on the other party. Indeed, agreements can
accomplish little, either for their makers or for society, unless they are made the basis for action.

The effect of every infraction is to create a new duty, that is, to make RECOMPENSE to the one who has been
injured by the failure of another to observe his contractual obligation unless he can show extenuating
circumstances, like proof of his exercise of due diligence x x x or of the attendance of fortuitous event, to excuse
him from his ensuing liability."
How about if I am the defendant? If someone files a case of breach of contract what are my remedies?

Again, as in the case of RCPI v. Verchez, it enumerates the instances where noncompliance with your contractual
obligations is justified.
"The effect of every infraction is to create a new duty, that is, to make RECOMPENSE to the one who has been
injured by the failure of another to observe his contractual obligation unless he can show extenuating
circumstances, like proof of his exercise of due diligence x x x or of the attendance of fortuitous event, to excuse
him from his ensuing liability. "
In short, for you to escape liability, you need to:
a. present proof that you have exercised due diligence
b. or noncompliance/non-performance is due to fortuitous event
"Fortuitous events are those circumstances that are beyond human intervention such as floods, earthquakes, fires
and other natural calamities.
 SUCCESSION COMPUTATION

Surviving heir Legitime Intestate share

1/3
Illegitimate children
1/3 1/2
(Remaining 1/3 is free portion; Art. 1/2
Surviving spouse
894, NCC)

1/4
1/8
Illegitimate children 1/4
1/2
Surviving spouse 1/4
(Art. 899, NCC; testator may freely
Legitimate parents 1/2
dispose of the remaining 1/8 of the
estate.)

Illegitimate children 1/4 1/2

Legitimate parents 1/2 1/2

1/2
Legitimate parents 1/2
1/4 (taken from the free portion)
Surviving spouse 1/2
(Art. 893, NCC)

Illegitimate parents 1/4 1/2

Surviving spouse 1/4 1/2

1/2 (divided by number of

Illegitimate children illegitimate children)
All
alone Remainder is free portion (Art. 901,
NCC)

1/2; remaining half is free portion

Legitimate parents alone All
(Arts. 889 and 890, NCC)

Illegitimate parents alone 1/2 All

Surviving spouse alone 1/2, 1/3, 1/2 (Art. 900, NCC) All

Legitimate children (or 1/2 (divided by the number of

All
their descendants) alone children)
 Remaining half is free portion (Art.
888, NCC)

1/2
One legitimate child (or
1/4 1/2
descendant)
Remaining 1/4 is free portion (Art. 1/2
Surviving spouse
892, NCC)

1/2 (divided by the number of

Two or more legitimate
children)
children (or their Consider spouse as 1 legitimate child and
Equal to the share of one child
descendants) divide estate by total number
Remainder is free portion (Art. 892,
Surviving spouse
NCC)

1/2
Please readArticle 176 of the Family Code:
1/2 of each legitimate child (Art.
Legitimate child computing the legitimes of legitimate and
176, Family Code)
Illegitimate child illegitimate children; an illegitimate child
Remainder is free portion (Art. 892,
gets one-half)
NCC)

1/2 (remaining half is free portion; 1/2

Surviving spouse Art. 900, NCC)
Brothers and sisters Not entitled to anything since they
(nephews and nieces, in are not compulsory heirs; testator
case of deceased siblings) may choose to give them something
out of the free portion
1/2 (divided by the number of brothers and
sisters; nephews and nieces of deceased
siblings divide among themselves the share
that should have to their parents)
Art. 1001, NCC