LegForms SpecPro Handout 3D A.Y. 2018 2019 1st Semester

LEGAL FORMS:
SPECIAL PROCEEDINGS
Alcantara, Katrine Ann E.
Dones, Miguel Antonio M.
Lopez, Robynne Kyle N.
Sy, Jason L.
Block 3D
A.Y. 2018-2019
TABLE OF CONTENTS
Overview of Special Proceedings ................................................................................... 3
Form 1: Extrajudicial Settlement of Estate................................................................ 26
Form 2: Extrajudicial Settlement Among Heirs (with Deed of Absolute Sale) ........... 28
Form 3: Petition for Partition ..................................................................................... 30
Form 4: Affidavit of Self-Adjudication........................................................................ 32
Form 5: Petition for Letters of Administration in Cases of Intestacy ......................... 33
Form 6: Petition for Summary Settlement of Estate of Small Value ......................... 34
Form 7: Petition for Probate of Holographic Will....................................................... 35
Form 8: Notarial Will ................................................................................................. 36
Form 9: Petition for Probate of Notarial Will ............................................................. 38
Form 10: Petition for Escheat ................................................................................. 40
Form 11: Petition for Guardianship ......................................................................... 41
Form 12: Petition for Guardianship of Minors ......................................................... 43
Form 13: Affidavit of Intent and Consent for Adoption of Child ............................... 44
Form 14: Deed of Voluntary Commitment............................................................... 45
Form 15: Petition for Domestic Adoption of a Minor ............................................... 46
Form 16: Petition for Nullity of Marriage.................................................................. 47
Form 17: Petition for Legal Separation ................................................................... 50
Form 18: Petition for Annulment of Voidable Marriage ........................................... 52
Form 19: Petition for Writ of Habeas Corpus .......................................................... 54
Form 20: Petition for Writ of Habeas Corpus For Custody of a Minor Child ............ 56
Form 21: Petition for Writ of Amparo....................................................................... 57
Form 22: Petition for Writ of Habeas Data .............................................................. 59
Form 23: Petition for Writ of Kalikasan.................................................................... 62
Form 24: Petition for Change of Name ................................................................... 66
Form 25: Petition for Correction of Entry................................................................. 69
Form 26: Petition for Correction of Entry (Change of Sex)...................................... 71
Form 27: Petition for Correction of Entry (Change of Name) .................................. 73
Form 28: Appeal in Special Proceedings ................................................................ 75
Page 2 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Overview of Special Proceedings
OVERVIEW OF SPECIAL PROCEEDINGS
What are special proceedings?

Ø A remedy where a party seeks to establish EXCEPTIONS:
a status, right, or a particular fact. A. Provisionally, ownership may be
determined for the purpose of including
What court has jurisdiction over special property in inventory, without prejudice to
proceedings? its final determination in a separate
Ø GR: Regional Trial Court action; or
Ø Exception: MTC has jurisdiction in the B. When all the parties are heirs and they
following cases: submit the issue of ownership to the
1. Probate proceedings whether testate or probate court provided that the rights of
intestate where the gross value of the third parties are not prejudiced.
estate does NOT exceed P300,000 or C. Question is one of Collation or
P400,000 in Metro Manila, EXCLUSIVE Advancement
of interest, damages of whatever kind,
attorney’s fees, litigation expenses and
costs. Extrajudicial Settlement By Agreement
2. DELEGATED JURISDICTION — in Between Heirs
Cadastral and Land Registration Cases Requisites:
covering lots where there is no 1. Substantive:
controversy or opposition or contested The decedent left:
lots where the value of which does not • No will
exceed P 100K. • No debt
3. SPECIAL JURISDICTION — petitions • The heirs are all of age or the minors
for writ of Habeas Corpus in case of are represented by their judicial or
absence of RTC judges. legal representatives duly authorized
for the purpose
SETTLEMENT OF ESTATE (RULE 73-90)
2. Procedural
DIFFERENT MODES OF SETTLEMENT OF a. Division of estate must be in a
ESTATE OF DECEASED PERSON public instrument or by affidavit of
adjudication in the case of a sole
a. Extrajudicial Settlement of Estate heir.
(Section 1, Rule 74) b. Filed with proper Registry of
b. Partition (Rule 69) Deeds
c. Probate of Will (Rule 75 to 79) c. Publication of notice of the fact of
d. Petition for letters of Administration in extrajudicial settlement once a week
cases of Intestacy (Rule 79) for 3 consecutive weeks
e. Summary Settlement of Estate of Small d. Bond filed equivalent to the value
Value (Section 3, Rule 74) of personal property.
NOTE: If they cannot agree to the manner of

Extent of jurisdiction partition among themselves, they may resort to
Probate courts are courts of limited Ordinary Action of Partition
jurisdiction. It may only determine and rule
upon issues relating to the settlement of the Is a Public Instrument necessary for the validity
estate, namely: of an extrajudicial settlement?
1. Administration of the estate;
2. Liquidation of the estate; and NO. Private instrument/document or Oral
3. Distribution of the estate agreement of partition is valid among the heirs
who participated in the extrajudicial settlement.
GENERAL RULE: Probate court cannot The requirement under Sec. 1, Rule 74 that it
determine issue of ownership. must be in public instrument is not constitutive of

the validity but is merely evidentiary in nature. PROBATE OR ALLOWANCE OF WILLS - act of
However, Reformation may be compelled. proving in a court a document purporting to be the
last will and testament of a deceased person in
Partition order that it may be officially recognized,
registered and its provisions carried insofar as
ACTION FOR PARTITION - A person having the they are in accordance with law.
right to compel the partition of real estate may do
so as provided in this Rule, setting forth in his
complaint: Who may petition for allowance of will?
1. The nature and extent of his title; 1. Any creditor - as preparatory step for filing of
2. An adequate description of the real his claim therein
estate of which partition is demanded; 2. Devisee or legatee named in the will
and 3. Person interested in the will (i.e. heirs)
3. Joining as defendants all other persons 4. Testator himself – during his lifetime the
interested in the property. possession of the will is not necessary
ORDER FOR PARTITION - If after the trial the Contents of the Petition
court finds that the plaintiff has the right thereto,
it shall order the partition of the real estate among 1. The jurisdictional facts – death of the
all the parties in interest. testator and his residence at the time
of death or the province where estate
PARTITION BY AGREEMENT - Thereupon the was left by the decedent who is a
parties may, if they are able to agree, make the non-resident;
partition among themselves by proper 2. The names, ages, and residences of
instruments of conveyance, and the court shall the heirs, legatees, devisees of the
confirm the partition so agreed upon by all the testator or decedent;
parties, and such partition, together with the order 3. The probable value and character of
of the court confirming the same, shall be the property of the estate;
recorded in the registry of deeds of the place in 4. The name of the person for whom the
which the property is situated. letters are prayed;
5. The name of the person having
Probate of Wills custody of the will if has not been
delivered to the court.
But no defect in the petition shall render

void the allowance of the will, or the
issuance of letters testamentary or of
administration with the will annexed.
Petition for Letters of Administration in Cases

of Intestacy
LETTERS OF ADMINISTRATION is an authority

issued by the court to a competent person to
administer the estate of the deceased who dies
intestate.
WHEN LETTERS ARE GRANTED:

(1) If no executor is granted in the will; or
(2) If the executor/s are incompetent, refuse
appointment, or fails to give a bond
(administrator with a will annexed); or
(3) If the person dies intestate

ORDER OF PREFERENCE IN GRANTING Summary Settlement of Estate
LETTERS OF ADMINISTRATION
(1) The surviving husband or wife, or the GENERAL RULE: If a person dies, his estate is
next of kin, or both in the discretion of submitted to a judicial settlement proceeding.
the court, or to such person that such
surviving spouse or next of kin, requests EXCEPTION:
to be appointed , if competent and willing The heirs may resort to:
to serve; 1. Extrajudicial settlement of estate; or
(2) If the surviving spouse, next or kin, or 2. Summary settlement of estate – must be
persons selected by them be conducted in accordance with regular
incompetent or unwilling to serve, of if procedure NOT under rules of summary
the surviving spouse or next of kin procedure.
neglects for thirty (30) days to apply for
administration by them or their nominee, Requisites:
any one or more the principal 1. Application must contain allegation of
creditors, if competent and willing to gross value of estate (NOT EXCEED
serve P10,000).
(3) If there is no such creditor competent 2. Date for hearing shall be set by court
and willing to serve, it may be granted to a. Not less than 1 MONTH nor more
such other person as the court may than 3 MONTHS from date of last
select. (stranger) publication of notice;
b. Publication: ONCE A WEEK FOR 3
CONSECUTIVE WEEKS in a
CONTENTS OF A PETITION FOR LETTERS OF newspaper of general circulation.
ADMINISTRATION 3. Notice shall be served upon such
1. The jurisdictional facts – death of the interested persons as the court may
testator and his residence at the time of direct.
death or the province where estate was
left by the decedent who is a non- Bond - amount fixed by the court
resident; conditioned upon payment of just claims
2. The names, ages, and residences of the under Sec.4 (not the value of personal
heirs, legatees, devisees of the testator property).
or decedent;
3. The probable value and character of the

property of the estate;
Petititon
4. The name of the person for whom the for Publication
summary once a week Hearing to
letters are prayed; settlement for 3 be held not
with an consecutive less 1 month
weeks in a Court may
nor more
allegation newspaper than 3
proceed
that the of general months from
summarily
gross circulation date of last
NOTICE REQUIREMENT BEFORE HEARING value not in the publication
1. Publication for 3 weeks successively; exceeding province
P10,000
and
2. Notice to heirs, creditors, other persons
believed to have an interest in the estate.
GROUNDS FOR OPPOSITION

1. Incompetency of the person for whom the
letters are prayed for; or
Preferential right of the heir under Rule 78, Sec.
6.

ESCHEAT (RULE 91) GUARDIANSHIP (RULE 92-97)
Definition:
The reversion of property to the State; Petition Jurisdiction: Regional Trial Court
filed by the Solicitor General or his representative
in behalf of the Republic of the Philippines, when Venue
a person dies intestate, seized of the real 1. Regional Trial Court of the ward’s residence
property in the Philippines, leaving no heir or if he or she is a resident of the Philippines; or
person by law entitled to the same. 2. Regional Trial Court where the ward’s
property is located if he or she is not a
Scope of Escheat resident of the Philippines
1. When a person dies intestate, seized of real
property in the Philippines, leaving no heir or Who are Incompetents?
person by law entitled to the same. 1. Persons suffering the penalty of civil
2. Properties alienated in violation of the interdiction
Constitution or of any statute 2. Hospitalized lepers
3. Prodigals
When, where, and by whom is a petition for
4. Deaf and dumb who are unable to read and
escheat filed?
write
When a person dies intestate, seized of real or
personal property in the Philippines, leaving no 5. Those who are of unsound mind, even
heir or person by law entitled to the same, the though they have lucid intervals
Solicitor General or his representative in behalf of 6. Persons who are not of unsound mind, but by
the Republic of the Philippines, may file a petition reason of age, disease, weak mind, and
in the Court of First Instance of the province other similar causes, cannot without outside
where the deceased last resided or in which he aid, take care of themselves and manage
had estate, if he resided out of the Philippines, their property
setting forth the facts, and praying that the estate
of the deceased be declared escheated. Who May File a Petition for Appointment of
Guardian for a Resident?
Contents 1. Any relative;
1. Allegation of facts of death, residence 2. Friend;
and/or places where the deceased has an 3. Other person on behalf of the resident
estate; and incompetent who has no parents or lawful
2. Prayer that the estate of the deceased be guardian; or
declared escheated. 4. The Director of Health in favor of an insane
person who should be hospitalized or in favor
Publication requirements of an isolated leper
Published before the hearing at least once a
week for six (6) successive weeks in some Who May File a Petition for Appointment of
newspaper of general circulation published in the Guardian for a Non Resident?
province, as the court shall be deem best. 1. Any relative;
2. Friend; or
When And Who Can File A Claim To The 3. Any one interested in his estate, in
Estate? expectancy or otherwise
If a devisee, legatee, heir, widow, widower, or
other person entitled to such estate appears and Contents of Petition
files a claim thereto with the court within five (5) 1. The jurisdictional facts
years from the date of such judgment, such a. Incompetency of the person for whom
person shall have possession of and title to the guardianship is sought
same, or if sold, the municipality or city shall be b. The fact that ward resides in the place where
accountable to him for the proceeds after the court has jurisdiction
deducting reasonable charges for the care of the 2. The incompetency rendering the appointment
estate; but a claim not made within the said time necessary or convenient
shall be forever barred.

3. The names, ages and residences of the Parts of the Petition for the Guardianship of
relatives of the incompetent, and of the an Incompetent
persons having him in their care 1. Caption
4. The probable value of the character of his 2. Title
estate 3. The parties
5. The name of the person for whom letters of 4. The facts
guardianship are prayed 5. Prayer
6. Date, and Place
Jurisdictional Requirements 7. Signature of Counsel
1. As to form: 8. Verification and Certification; and
a. The petition must be verified 9. Jurat
b. A certificate against non-forum shopping
must be attached in the petition; and GUARDIANSHIP OF MINORS
c. Payment of correct docket fees
(A.M. No. 03-02-05-SC, effective May
2. Notice to persons interested, or publication in
case of non-resident ward. 1, 2003)
Notice Jurisdiction
1. If the ward in a resident of the Philippines, Family Court
notice must be served to persons mentioned
in the petition residing in the province; Venue
including the minor if he is above 14 years
old. 1. Family Court of the province or city of the
ward’s residence if he or she is a resident
2. If the ward is not a resident of the Philippines,
of the Philippines
publication is sufficient.
2. Family Court of the province or city where
the ward’s property is located if he or she
Opposition to Petition
is not a resident of the Philippines
1. Any interested person may file
2. Grounds
Who May File a Petition for Appointment of
a. Competency of the incompetent Guardian for a Minor (or Guardianship of
b. Unsuitability of the person for whom Minors)?
letters are prayed
3. The opposition may pray that the petition: 1. Any relative
a. Be dismissed; or 2. Other person on behalf of the minor
b. That letters of guardianship issue to 3. The Secretary of Social Welfare and
himself; or Development
c. To any suitable person 4. The Secretary of Health in case of an
insane minor who needs to be
Parents as Guardians hospitalized
1. If the value of property or the annual income Grounds for Petition

of the child is P50,000 or less, then the father
and mother exercise legal guardianship • Death, continued absence, or incapacity
jointly. of his parents
2. If the value of property or the annual income • Suspension, termination or deprivation of
of the child is more than P50,000, then the parental authority
parent concerned must file a verified petition • Remarriage of his surviving parent (if the
for the approval of the bond, the amount of parent is found unsuitable to exercise
which the court may determine, but must not parental authority)
be less than 10% of the value of the property • When the best interests of the minor so
or the annual income of the child require

Qualifications of Guardians 2. However, no defect in such verification
and certification shall render the
1. Moral character issuance of letters of guardianship as
2. Physical, mental and psychological void.
condition
3. Financial status Notice
4. Relationship of trust with the minor
5. Availability to exercise the powers and Notice must be served to persons mentioned in
duties of a guardian for the full period of the petition residing in the province; including the
the guardianship minor if he is above 14 years old. Notice to the
6. Lack of conflict of interest with the minor said minor is jurisdictional. Non-compliance with
7. Ability to manage the property of the such notice will render the proceedings null and
minor void.
Order of Preference Opposition to petition
1. In default of parents; 1. Any interested person may file a written

2. The surviving grandparent opposition that need not be verified
3. The old brother or sister over 21 years of 2. Grounds
age (unless unqualified) a. Majority of the alleged minor
4. The actual custodian of the minor over 21 b. Unsuitability of the person for
years of age (unless unqualified) whom letters are prayed
5. Any other person who, in the sound 3. Contents of the Opposition
discretion of the court, would serve the a. Ground relied upon
best interests of the minor b. Prayer that the petition be denied
or
Contents of the Petition c. Prayer that the letters of
1. The jurisdictional facts guardianship issue to himself or to
• Minority of the person for whom any suitable person named in the
guardianship is sought opposition
• The fact that the minor resides in the
place where the court has jurisdiction Parts of the Petition for the Guardianship of
2. The name, age and residence of the Minors
prospective ward a. Caption
3. The ground rendering the appointment b. Title
necessary or convenient c. The parties
4. The death of the parents of the minor or d. The facts
the termination, deprivation or e. Prayer
suspension of the parental authority f. Date, and Place
5. The remarriage of the minor’s surviving g. Signature of Counsel
parent h. Verification and Certification
6. The names, ages, and residences of i. Jurat
relatives within the 4th civil degree of
minor, and of persons having him in their
care and custody
7. The probable value of the character of his
estate
8. The name, age and residence of the
person for whom letters of guardianship
are prayed
Verification and Certification
1. Petition must be verified and must

contain a certification against forum
shopping.

TRUSTEES (RULE 98) ADOPTION
Jurisdiction R.A. 8552-DOMESTIC ADOPTION
Regional Trial Court or Metropolitan Trial Court in
which the will was allowed, if it be a will allowed ACT OF 1998
in the Philippines, otherwise by the Regional Trial
Court of the province in which the property, or
some portion thereof, affected by the trust is Venue. – The petition for adoption shall be filed
situated with the Family Court of the province or city where
the prospective adoptive parents reside.
Venue
Contents of the Petition:
1. Regional Trial Court or Metropolitan Court 1. Jurisdictional Facts
which the will was allowed, if it be a will 2. A., B., or C.
allowed in the Philippines
2. Regional Trial Court of the province in which A. Filipino Citizen
the property, or some portion thereof, affected • Of legal age and at least 16 years
by the trust is situated older than adoptee, except when the
adopter is the biological parent.
Two types of Trust • Has the capacity to act and assume all
1. Testamentary Trust the rights and duties incident to the
2. Contractual Trust exercise of parental authority.
• Is of good moral character and has not
Conditions Included in Bond
been convicted of any crime involving
1. That the trustee render an annual account
moral turpitude.
of the property in his hands and of the
• Is in a good position to support,
management and disposition thereof,
educate and care for his/her legitimate
under oath.
and illegitimate children and the child
2. That at the expiration of his trust, he will
to be adopted.
settle his accounts in court and pay over
and deliver all the estate remaining in his • Has undergone the pre-adoption
services.
hands to the person entitled thereto.
3. That the trustee will make and return to the
court at such time as it may order, a true B. Alien may adopt if
inventory of all the estate belonging to him • All the conditions of A. (above) are met
a a trustee, which at the time of the making • His/her country has diplomatic
of such inventory shall have come to his relations with the Philippines
possession or knowledge. • Certified by his/her diplomatic or
4. That he will manage and dispose of all such consular office or any appropriated
estate, and faithfully discharge his trust in agency that he/she is qualified to
relation thereto. adopt in his country, and that his/her
government will allow the adoption
Requisites for Removal of a Trustee • Living in the Philippines for at least
1. Petition filed by parties beneficially three (3) continuous years prior to the
interested. filing of the application for adoption
2. Notice to trustee and maintains such residence until the
3. Hearing adoption decree is entered
• Two (2) character references from
Grounds for Removal non-relatives who knew the
1. Removal appears essential in the interest applicant(s) in the country of which
of petitioners; he/she is a citizen or was a resident
2. Insanity; prior to residing in the Philippines,
3. Incapability of discharging trust; or except for those who have resided in
4. Unsuitability the Philippines for more than fifteen
(15) years

• Police Clearance from all places of Annexes to the Petition. – The following
residence in the past two years documents shall be attached to the petition:
immediately prior to residing in the A. Birth, baptismal or foundling
Philippines certificate, as the case may be, and
school records showing the name, age
C. Legal guardian with respect to the ward after and residence of the adoptee;
the termination of the guardianship and clearance B. Affidavit of consent of the following:
of his/her financial accountabilities. • The adoptee, if ten (10) years of
age or over;
Who May Be Adopted • The biological parents of the child,
1. Any person below eighteen (18) years of if known, or the legal guardian, or
age who has been administratively or the child-placement agency,
judicially declared available for adoption child-caring agency, or the proper
2. The legitimate son/daughter of one government instrumentality which
spouse by the other spouse; has legal custody of the child;
3. An illegitimate son/daughter by a • The legitimate and adopted
qualified adopter to improve his/her children of the adopter and of the
status to the of legitimacy; adoptee, if any, who are ten (10)
4. A person of legal age if, prior to the years of age or over;
adoption, said person has been • The illegitimate children of the
consistently considered and treated by adopter living with him who are
the adopter(s) as his/her own child since ten (10) years of age or over; and
minority; • The spouse, if any, of the adopter
5. A child whose adoption has been or adoptee.
previously rescinded; or C. Child study report on the adoptee and
6. A child whose biological or adoptive his biological parents;
parents(s) has died; Provided, that no D. If the petitioner is an alien, certification
proceeding shall be initiated within six (6) by his diplomatic or consular office or any
months from the time of death of said appropriate government agency that he
parent(s) has the legal capacity to adopt in his
country and that his government allows
Whose Consent is Necessary to the Adoption the adoptee to enter his country as his
– After being properly counseled and informed of own adopted child unless exempted
his/her right to give or withhold his/her approval under Section 4(2);
of the adoption, the written consent of the E. Home study report on the adopters. If
following to the adoption is hereby required: the adopter is an alien or residing abroad
but qualified to adopt, the home study
a) The adoptee, if ten (10) years of age or report by a foreign adoption agency duly
over; accredited by the Inter-Country Adoption
b) The biological parent(s) of the child, if Board; and
known, or the legal guardian, or the proper F. Decree of annulment, nullity or legal
government instrumentality, which has legal separation of the adopter as well as that
custody of the child; of the biological parents of the adoptee,
c) The legitimate and adopted if any.
sons/daughters, ten (10) years of age or
over, of the adopter(s) and adoptee, if any; Procedure:
d) The illegitimate sons/daughters, ten (10)
years of age or over of the adopter if living Certificate of Availability of Child for Adoption
with said adopter and the latter’s spouse, if - No child shall be placed for adoption unless a
any; and clearance has been obtained from the DSWD.
e) The spouse, if any, of the person adopting The Department shall issue the Certificate of
to be adopted. Availability for Adoption not later than fifteen (15)
day after expiration of six (6) month period after
execution of Deed of Voluntary Commitment or
after receipt of entry of judgment in case of
involuntary commitment.

INTER-COUNTRY ADOPTION
1. Pre-Adoption Seminar - The Domestic
Adoption Act provides that interested adoptive A verified petition to adopt a Filipino child may be
applicants should first attend the Adoption Forum filed by a foreign national or Filipino citizen
at the nearest DSWD Office or at the Kaisahang permanently residing abroad with the Family
Buhay Foundation (KBF). Court having jurisdiction over the place where the
2. Application for Adoption - After completing the child resides or may be found.
required pre-adoption seminars, the adoptive
parents file the adoption application with the It may be filed directly with the Inter-Country
DSWD, a social service office of a local Adoption Board.
government unit, or a licensed and accredited
child-placing agency. Contents of Petition. – The petitioner must
3. Home Study Report - The adoptive parents allege:
make arrangements for a home study to be a) his age and the age of the child to be
conducted by the DSWD or a child-placing adopted, showing that he is at least
agency. The home study report shall clearly twenty-seven (27) years of age and at
indicate whether applicant is being least sixteen (16) years older than the
recommended for child placement or not. child to be adopted at the time of
4. Child Study Report- Prepared by a duly- application, unless the petitioner is the
licensed and accredited social worker of the parent by nature of the child to be
DSWD or of a child-caring agency. Includes adopted or the spouse of such parent, in
assessment and recommendations of the social which case the age difference does not
worker as to the alternative child custody and apply;
care appropriate for the child. b) if married, the name of the spouse who
5. Matching of the child to the adoptive parents to must be joined as co-petitioner except
be conducted by the DSWD. when the adoptee is a legitimate child of
6. Placement - The child is placed with the his spouse;
prospective adoptive parents once the c) that he has the capacity to act and
preadoption placement authority has been assume all rights and responsibilities of
issued. The period of custody is known as parental authority under his national
supervised trial custody. laws, and has undergone the appropriate
7. Consent to Adoption - If the adjustment of the counseling from an accredited counselor
child/adopter(s) is satisfactory, the social worker in his country;
shall forward to the Department the final d) that he has not been convicted of a
supervisory report which shall include the crime involving moral turpitude;
recommendation for the issuance of the written e) that he is eligible to adopt under his
consent to adoption to be executed by the national law;
Department f) that he can provide the proper care and
8. Petition for Adoption - Filed at the Regional support and instill the necessary moral
Trial Court within 30 days, once the adoptive values and example to all his children,
parents have received the consent to adoption. including the child to be adopted;
Upon approval of the adoption, the court issues g) that he agrees to uphold the basic
an adoption decree and enters a judgment. rights of the child, as embodied under
9. Birth certificate of the child is amended to Philippine laws and the U. N. Convention
reflect the names of the adoptive parents. 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.
Annexes. - The petition for adoption shall contain

the following annexes written and officially
transltaed 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 petitioner’s
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 petitioner’s 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.
Duty of the 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.

RULE ON DECLARATION OF parties, the petitioner may apply for
ABSOLUTE NULLITY OF VOID provisional order for spousal support,
custody and support of common
MARIAGES AND ANNULMENT OF children, visitation rights,
VOIDABLE MARRIAGES administration of community or
(A.M. No. 02-11-10-SC, conjugal property, and other matters
effective March 15, 2003) similarly requiring urgent action.
• It must be verified and accompanied by a
PETITION FOR DECLARATION OF NULLITY certification against forum shopping. The
OF MARRIAGE verification and certification must be signed
Who may file? personally by me petitioner. No petition may
• Filed solely by the husband or the wife be filed solely by counsel or through an
attorney-in-fact.
Where to file o If the petitioner is in a foreign country,
the verification and certification
• Family Court of province or city where the
against forum shopping shall be
petitioner or respondent has been residing
authenticated by the duly authorized
for at least six months prior to the date of
officer of the Philippine embassy or
filing
legation, consul general, consul or
o In the case of non-resident
vice-consul or consular agent in said
respondent, where he may be found
country.
in the Philippines, at the election of
the petitioner • It shall be filed in six copies. The petitioner
shall serve a copy of the petition on the Office
Imprescriptibility of Action or Defense of the Solicitor General and the Office of the
City or Provincial Prosecutor, within five days
• Action or defense for the declaration of
from the date of its filing and submit to the
absolute nullity of void marriage shall not
court proof of such service within the same
prescribe
period.
What should be alleged in the petition • Failure to comply with any of the
preceding requirements may be a ground
• For petitions under Article 36 of Family Code
for immediate dismissal of the petition.
shall specially allege the complete facts
showing the either or both parties were
psychologically incapacitated from PETITION FOR LEGAL SEPARATION
complying with the essential marital Who may, when to file?
obligations of marriages at the time of the • May be filed by the husband or the wife,
celebration of marriage even if such as the case may be within five years
incapacity becomes manifest only after its from the time of the occurrence of any of
celebration. the ground provided for in Article 55 of
the Family Code.
• The complete facts should allege the
Where to file?
physical manifestations, if any, as are
indicative of psychological incapacity at the • Family Court of province or city where
time of the celebration of the marriage but the petitioner or respondent has been
expert opinion need not be alleged. residing for at least six months prior to
the date of filing
o In the case of non-resident
Contents and form of petition: respondent, where he may be
• The petition shall allege the complete facts found in the Philippines, at the
constituting the cause of action. election of the petitioner
• It shall state the names and ages of the
common children of the parties and specify
the regime governing their property relations,
as well as the properties involved.
o If there is no adequate provision in a
written agreement between the

verification and certification must be
Prescriptibility of Action or Defense personally signed by the petitioner. No
• Action for legal separation prescribes petition may be filed solely by counsel or
within 5 years from the discovery of any through an attorney-in-fact. If the petitioner is
of the grounds provided for in a foreign country, the verification and
certification against forum shopping shall be
authenticated by the duly authorized officer of
Grounds for Legal Separation as provided
the Philippine embassy or legation, consul
for by Article 55 of the Family Code:
general, consul or vice-consul or consular
1. Repeated physical violence or grossly
agent in said country
abusive conduct directed against the
4. Be filed in six copies. The petitioner shall,
petitioner, a common child, or a child of the
within five days from such filing, furnish a
petitioner;
2. Physical violence or moral pressure to copy of the petition to the City or Provincial
compel the petitioner to change religious or Prosecutor and the creditors, if any, and
submit to the court proof of such service
political affiliation;
3. Attempt of respondent to corrupt or induce within the same period.
the petitioner, a common child, or a child of 5. Failure to comply with the preceding
requirements may be a ground for
the petitioner, to engage in prostitution, or
immediate dismissal of the petition.
connivance in such corruption or
inducement;
4. Final judgment sentencing the respondent to PETITION FOR ANNULMENT OF VOIDABLE
imprisonment of more than six years, even if MARRIAGE
pardoned; Who may file?
5. Drug addiction or habitual alcoholism of the • The petition may be filed by the
respondent; husband or the wife
6. Lesbianism or homosexuality of the
respondent; Where to file?
7. Contracting by the respondent of a
• Family Court of province or city where the
subsequent bigamous marriage, whether in
petitioner or respondent has been residing
or outside the Philippines;
for at least six months prior to the date of
8. Sexual infidelity or perversion of the filing
respondent; o In the case of non-resident
9. Attempt on the life of petitioner by the
respondent, where he may be found
respondent; or
in the Philippines, at the election of
10. Abandonment of petitioner by respondent the petitioner
without justifiable cause for more than one
year.
Prescriptibility of Action or Defense
• Action or defense for action of
annulment of marriage prescribes 5
Content and form of petition:
years from the disappearance of any of
1. Allege the complete facts constituting the
the grounds provided for in Article 45 of
cause of action.
the Family Code
2. State the names and ages of the common
children of the parties, specify the regime
governing their property relations, the
properties involved, and creditors, if any. If Grounds for Annulment of Marriage as
there is no adequate provision in a written provided for by Article 45 of the Family
agreement between the parties, the petitioner Code:
may apply for a provisional order for spousal 1. The contracting party whose parent, or
support, custody and support of common guardian, or person exercising substitute
children, visitation rights, administration of parental authority did not give his or her
community or conjugal property, and other consent, within five years after attaining the
similar matters requiring urgent action, age of twenty-one unless, after attaining the
3. Be verified and accompanied by a age of twenty-one, such party freely
certification against forum shopping. The cohabitated with the other as husband or

wife; or the parent, guardian or person the petitioner may apply for a provisional
having legal charge of the contracting party , order for spousal support, custody and
at any time before such party has reached support of common children, visitation
the age of twenty-one; rights, administration of community or
2. The sane spouse who had no knowledge of conjugal property, and other matters
the other's insanity; or by any relative, similarly requiring urgent action.
guardian, or person having legal charge of c. It must be verified and accompanied by a
the insane, at any time before the death of certification against forum shopping. The
either party; or by the insane spouse during verification and certification must be signed
the a lucid interval or after regaining sanity, personally by me petitioner. No petition may
provided that the petitioner , after coming to be filed solely by counsel or through an
reason, has not freely cohabited with the attorney-in-fact.
other as husband or wife; i. If the petitioner is in a foreign country,
3. The injured party whose consent was the verification and certification against
obtained by fraud, within five years after forum shopping shall be authenticated
the discovery of the fraud, provided that by the duly authorized officer of the
said party, with full knowledge of the Philippine embassy or legation, consul
general, consul or vice-consul or
facts constituting the fraud, has not
consular agent in said country.
freely cohabited with the other as d. It shall be filed in six copies. The petitioner
husband or wife; shall serve a copy of the petition on the Office
4. The injured party whose consent was of the Solicitor General and the Office of the
obtained by force, intimidation, or undue City or Provincial Prosecutor, within five days
influence, within five years from the time from the date of its filing and submit to the
the force intimidation, or undue court proof of such service within the same
influence disappeared or ceased, period.
provided that the force, intimidation, or e. Failure to comply with any of the
undue influence having disappeared or preceding requirements may be a ground
for immediate dismissal of the petition.
ceased, said party has not thereafter
freely cohabited with the other as
husband or wife;
5. The injured party where the other
spouse is physically incapable of
consummating the marriage with the
other and such incapability continues
and appears to be incurable, within five
years after the celebration of marriage;
and
6. The injured party where the other party
was afflicted with a sexually-
transmissible disease found to be
serious and appears to be incurable,
within five years after the celebration of
marriage.
Content and form of petition:

a. The petition shall allege the complete facts
constituting the cause of action.
b. Tt shall state the names and ages of the
common children of the parties and specify
the regime governing their property relations,
as well as the properties involved.
i. If there is no adequate provision in a
written agreement between the parties,

HABEAS CORPUS (RULE 102) o Copy of the commitment or cause of
detention of such person. If it can be
Scope procured without any legal authority,
• Writ directing a person who has detained such fact shall appear
another to produce the body of the detainee • Note that if either the person restrained or
at a certain time and place. the detaining officer are unknown or
• Extends to: uncertain, such officer or person may be
a. All cases of illegal confinement by which described by an assumed appellation, and
any person is deprived of his liberty the person who is served with the writ shall
(according to Moncupa v Enrile, the be deemed the person intended
deprivation contemplated is not always
physical)
b. Rightful custody withheld from person Requisites:
entitled thereto a. The person is imprisoned or restrained of
his liberty
Who May File?
b. The officer or name of the person
• The party for whose relief it is intended imprisoning or restraining or a description
• Some other person on his behalf by an assumed appellation when unknown
or uncertain
Who May Grant?
c. The place where he is imprisoned or
1. SC, or any member thereof - the writ is restrained
enforceable anywhere in the Philippines
d. A copy of the commitment or cause of
2. CA, or any member thereof in the detention, if it can be procured without
instances authorized by law - the writ is impairing the efficiency of the remedy or
enforceable anywhere in the Philippines fact of absence of legal authority
3. RTC (Family Courts in relation to custody Service of Writ
of minors)- enforceable only within its
judicial district Person to be produced must be
designated by name or if not known, he
- In the absence of all the Regional Trial may otherwise be described or
Judges in a province or city, any identified.
Metropolitan Trial Judge, Municipal Trial
Judge, Municipal Circuit Trial Judge may Sheriff or any person deputized by the
hear and decide petitions for a writ of court will serve the writ to the person
habeas corpus or applications for bail in causing such detention, preserving a copy
criminal cases in the province or city where on which to make a return of service. If
the absent Regional Trial Judges sit. such person causing the detention cannot
be found, or has not the prisoner, then it
will be served to such person exercising
Content of petition such custody.
• Must be signed and verified
• Must contain:
o That the person in whose behalf the
application is made is imprisoned or
restrained of his liberty
o The officer or name of the person by
whom he is so imprisoned or
restrained
§ The place where he is so
imprisoned or restrained, if
know

RULE ON CUSTODY OF MINORS WRIT OF HABEAS DATA
AND WRIT OF HABEAS CORPUS IN
RELATION TO CUSTODY OF MINORS Who may file?
• Any individual may file the petition on the
Applicability ground that “his right to privacy in life, liberty
or security is violated or threatened” by an
For custody of minors and writs of habeas corpus “unlawful” act
in relation thereto. • In cases of EJK and enforced
disappearances:
Who may file? o Immediate family member
o Ascendant, descendant or
Any person claiming such right. The party against collateral relative within the 4th
whom it may be filed shall be designated as the civil degree
respondent.
Where to file petition?
Contents of petition. a. The “regional trial court where the
respondent or petitioner resides.”
The verified petition shall allege the following: b. The regional trial court which has
jurisdiction over the place “where the
a. The personal circumstances of the petitioner data or information is gathered, collected
and of the respondent; or stored.”
b. The name, age and present whereabouts of c. The Supreme Court, Court of Appeals or
the minor and his or her relationship to the the Sandiganbayan when the action
petitioner and the respondent; “concerns public data files of government
c. The material operative facts constituting offices.”
deprivation of custody; and
d. Such other matters which are relevant to the Contents of the Petition
custody of the minor. a. the personal circumstances of
the petitioner and the respondent
b. the manner the right to privacy is
The verified petition shall be accompanied by a violated or threatened and how it
certificate against forum shopping, which the affects the right to life, liberty or
petitioner must sign personally.
security of the aggrieved party
c. the actions and recourses taken
by the petitioner to secure the
data or information
d. the location of the files, registers
or databases, the government
office and the person in charge,
in possession or in control of the
data or information, if known
e. the reliefs prayed for, which may
include the updating,
rectification, suppression or
destruction of the database or
information or files kept by the
respondent.
In case of threats, the relief may
include a prayer for an order
enjoining the act complained of;
and
f. such other relevant reliefs as are
just and equitable.

Respondent may be: WRIT OF KALIKASAN
(i) A public official or employee; or
(ii) A private individual or entity, who is Who may file?
engaged in the gathering, collecting, or • Any natural or juridical person, entity
storing of data “regarding a the person, authorized by law, people’s
family, home and correspondence.” organization, non-governmental
organization, or any public interest
The media may be a respondent in a habeas data group accredited by or registered with
petition, but it can raise as a defense the any government agency,
confidentiality of its sources, and therefore o On behalf of persons whose
privileged, as the habeas data rule provides. constitutional right to a balanced
and healthful ecology is
Return. The respondent shall file a verified violated, or
written return together with supporting affidavits o Threatened with violation by
within five work days from service of the writ,
an unlawful act or omission
which period may be reasonably extended by the
Court for justifiable reasons. The v return shall,
of a public official or
among other things, contain the following: employee, or
o Private individual or entity,
a. The lawful defense such as national security, involving environmental
state secrets, privileged communication, damage of such magnitude
confidentiality of the source of information of as to prejudice the life, health
media and others or property
b. In case of respondent in charge, in possession
or in control of the said data or information, Contents of the petition. - The verified petition
subject of the petition: shall contain the following:
(i) a disclosure of the data or information
about the petitioner, the nature of such
data or information, and the purpose for its (a) The personal circumstances of the
collection; petitioner;
(ii) the steps or actions taken by the
respondent to ensure the security and (b) The name and personal
confidentiality of the data or information; circumstances of the respondent or if the
and name and personal circumstances are
(iii) the currency and accuracy of the data or unknown and uncertain, the respondent
information; may be described by an assumed
c. other allegations relevant to the resolution of appellation;
the proceeding.
A general denial of the allegations in the petitions (c) The environmental law, rule or
shall not be allowed. Failure to file a return within regulation violated or threatened to be
the period allowed, will allow the court to hear the violated, the act or omission complained
petition ex parte and immediately grant the relief of, and the environmental damage of
prayed for. such magnitude as to prejudice the life,
health or property of inhabitants in two or
more cities or provinces.
(d) All relevant and material evidence

consisting of the affidavits of witnesses,
documentary evidence, scientific or other
expert studies, and if possible, object
evidence;
(e) The certification of petitioner under

oath that: (1) petitioner has not
commenced any action or filed any claim

involving the same issues in any court, WRIT OF AMPARO
tribunal or quasi-judicial agency, and no
such other action or claim is pending Who may file?
therein; (2) if there is such other pending
• Petition may be filed by the aggrieved party,
action or claim, a complete statement of
or
its present status; (3) if petitioner should
• By any qualified person or entity in the
learn that the same or similar action or
following order:
claim has been filed or is pending,
o Any member of the immediate
petitioner shall report to the court that fact
family, namely: the spouse, children
within five (5) days therefrom; and
and parents of the aggrieved party;
o Any ascendant, descendant or
(f) The reliefs prayed for which may collateral relative of the aggrieved
include a prayer for the issuance of a party within the fourth civil degree of
TEPO. consanguinity or affinity, in default of
those mentioned in the preceding
Where to file: paragraph; or
1. Supreme Court o Any concerned citizen, organization,
2. Any of the stations of the Court of Appeals. association or institution, if there is
no known member of the immediate
The petitioner shall be exempt from the payment family or relative of the aggrieved
of docket fees. party.
Return contents. - Within a non-extendible Where to file?

period of ten (10) days after service of the writ, • Regional Trial Court of the place where the
the respondent shall file a verified return which threat, act or omission was committed or
shall contain all defenses to show that any of its elements occurred
respondent did not violate or threaten to violate, • Sandiganbayan
or allow the violation of any environmental law, • Court of Appeals,
rule or regulation or commit any act resulting to • Supreme Court, or any justice of such
environmental damage of such magnitude as to courts.
prejudice the life, health or property of inhabitants
in two or more cities or provinces. No Docket Fees
All defenses not raised in the return shall be Petitioner shall be exempted from the
deemed waived. payment of the docket and other lawful fees
The return shall include affidavits of witnesses, Contents of Petition

documentary evidence, scientific or other expert
studies, and if possible, object evidence, in
The petition shall be signed and verified and
support of the defense of the respondent.
shall allege the following:
A general denial of allegations in the petition shall
a. The personal circumstances of the
be considered as an admission thereof. Failure to
petitioner;
file a return, then court shall proceed to hear the
b. The name and personal circumstances of
petition ex parte.
the respondent responsible for the threat,
act or omission, or, if the name is
Discovery Measures. - A party may file a verified unknown or uncertain, the respondent
motion for the following reliefs: may be described by an assumed
appellation;
(a) Ocular Inspection; c. The right to life, liberty and security of the
(b) Production or inspection of aggrieved party violated or threatened
documents or things with violation by an unlawful act or
omission of the respondent, and how
such threat or violation is committed with

the attendant circumstances detailed in • To identify and apprehend the person or
supporting affidavits; persons involved in the death or
d. The investigation conducted, if any, disappearance; and
specifying the names, personal • To bring the suspected offenders before a
circumstances, and addresses of the competent court. The return shall also
investigating authority or individuals, as state other matters relevant to the
well as the manner and conduct of the investigation, its resolution and the
investigation, together with any report; prosecution of the case
e. The actions and recourses taken by the
petitioner to determine the fate or General Denial not allowed and all defenses not
whereabouts of the aggrieved party and raised in the return are deemed waived.
the identity of the person responsible for
the threat, act or omission; and
f. The relief prayed for the petition may
include a general prayer for other just and
equitable reliefs
Return Contents
Within seventy-two (72) hours after service of the

writ, the respondent shall file a verified written
return together with supporting affidavits which
shall, among other things, contain the following:
a. The lawful defenses to show that the

respondent did not violate or threaten with
violation the right to life, liberty and security of
the aggrieved party, through any act or
omission;
b. The steps or actions taken by the respondent
to determine the fate or whereabouts of the
aggrieved party and the person or persons
responsible for the threat, act or omission;
c. All relevant information in the possession of
the respondent pertaining to the threat, act or
omission against the aggrieved party; and
d. If the respondent is a public official or
employee, the return shall further state the
actions that have been or will still be taken:
• To verify the identity of the aggrieved party;

• To recover and preserve evidence related
to the death or disappearance of the
person identified in the petition which may
aid in the prosecution of the person or
persons responsible;
• To identify witnesses and obtain
statements from them concerning the
death or disappearance;
• To determine the cause, manner, location
and time of death or disappearance as well
as any pattern or practice that may have
brought about the death or disappearance;

CHANGE OF NAME (RULE 103) Where to file the petition?
Scope RTC of the province where the petitioner has

been residing for three (3) years prior to the filing
Rule 103 covers principally the change of of the petition.
surname and middle name.
Form of the petition
A change of name granted by the court affects Petition shall be signed and verified by the person
only a petitioner. A separate petition for change desiring his name changed or some other person
of name must be filed for his/her spouse and in his behalf
children. (Secan Kok v. Republic, G.R. No. L- *NOTE: Requirement of verification is a formal,
27621, August 30, 1973) and not a jurisdictional requisite. It is not a ground
for dismissing the petition (Oshita v. Republic,
Who may file? G.R. No. L-21180, March 31, 1967)
Only the person who desires to change his/her
name Contents of the petition
1. Title of the petition containing the petitioner's
Grounds for change of name real name, aliases or other names, and name
1. When the name is ridiculous, dishonorable or sought to be adopted
extremely difficult to write or pronounce; 2. That petitioner is a bona fide resident of the
2. When the change results as a legal province where petition is filed for at least
consequence, as in legitimation; three (3) years prior to the date of filing (The
3. When the change will avoid confusion; rule does not require citizenship)
4. Having continuously used and been known 3. Cause for change of name
since childhood by a Filipino name, unaware 4. New name asked for
of her alien parentage;
5. A sincere desire to adopt a Filipino name to A petition for change of name is a
erase signs of former alienage, all in good proceeding in rem hence the publication
faith and without prejudicing anybody; and should include the correct information in
6. When the surname causes embarrassment order to vest jurisdiction upon the court.
and there is no showing that the desired (Republic v. Tanada, G.R. No. L-31563,
change of name was for a fraudulent purpose November 29, 1971)
or that the change of name would prejudice
public interest (Republic v. Wong, G.R. No. L-
21180, March 31, 1967)
*NOTE: The grounds are exclusive.
When change of name should not be allowed?

1. The fact of legal separation alone is not a
sufficient ground to justify a change of the
name. (Laperal v. Republic, G.R. No. L-
18008, October 30, 1962)
2. The mere fact that the applicant has been
using a different name and has become
known by it does not per se alone constitute
"proper and reasonable cause" or
justification, to legally authorize a change or
name. (Ong Te v. Republic, G.R. No. L-
15549)
3. The general rule is that a change of name
should not be permitted if it will give a false
impression of family relationship to another
where none actually exists. (Republic v.
Marcos, G.R. No. L-31065, February 15,
1990)

CANCELLATION OR CORRECTION Who may file the petition?
OF ENTRIES IN THE CIVIL REGISTRY
Any person interested in any act event,
(RULE 108) order or decree concerning the civil
status of persons recorded in the civil
Scope registry, may file a verified petition.
Rule 108 is different from Rule 103 Where to file the petition?
(Change of name) wherein they are
distinct proceedings requirement RTC of the province where the
different jurisdictional requirements. corresponding civil registrar is located.
Special proceeding to rectify: Parties to be impleaded
1. Civil status
2. Citizenship or nationality of a 1. Civil registrar
party; or 2. All persons who have or claim any
3. Any other substantial change interest which would be affected
thereby
Adversarial nature
*Failure to implead parties who would
It is one that has opposing parties, a relief naturally and legally be affected by the
sought where legal warning is given to grant of such petition renders the
the other parties and affording them an proceedings and judgment void
opportunity to contest such. Rule 108 (Republic v. Coseteng-Magpayo, G.R.
cannot be through a summary No. 189746, February 2, 2011)
proceeding because the books of the
Civil Register and all documents are Notice and Publication:
considered public documents, serving as
a prima facie evidence of the facts Once (1) a week for three (3) consecutive
therein contained. (Civil Code, Art. 410) weeks in a newspaper of general
circulation in the province and all persons
Entries that are subject to cancellation or named in the petition shall be notified.
correction
1. Births Rule 108 mandates two sets of notices,
2. Marriages one given to the persons named in the
3. Deaths petition and the second (through
4. Legal separations publication) to those not named in the
5. Judgments of annulments of petition but nonetheless may be
marriage interested or affected parties such as
6. Judgments declaring marriages void creditors (Republic v. Coseteng-
from the beginning Magpayo, G.R. No. 189746, February 2,
7. Legitimations 2011)
8. Adoptions
9. Acknowledgements of natural The cancellation or correction of entries
children in the Civil Registry is a proceeding in
10. Naturalization rem. Strict compliance with all
11. Election, loss or recovery of jurisdictional requirements, particularly
citizenship on publication is essential in order to vest
12. Civil interdiction the court with jurisdiction (REGALADO,
13. Judicial determination of filiation Vol. II, p.193)
14. Voluntary emancipation of a minor;
and
15. Change of name

CLERICAL ERROR ACT (REPUBLIC Cases not covered (still under Rule 108)
ACT NO. 9408)
1. Nationality
(Amended by republic act no. 10172, "An act 2. Age
further authorizing the city or municipal civil 3. Status
registrar or the consul general to correct clerical
or typographical errors in the day and month in Grounds for change of first name or nickname
the date of birth or sex of a person appearing in
the civil register without need of a judicial order") 1. The petitioner finds the first name or
nickname to be ridiculous, tainted
Scope with dishonor or extremely difficult to
write or pronounce;
This law removed from the ambit of Rule 2. The new first name or nickname has
108 the correction or changing of clerical been habitually and continuously
or typographical errors in entries of the used by the petitioner and he has
civil registrar. The changes sought go been publicly known by the first
through an administrative procedure, no name or nickname in the community;
longer needing a judicial order. or
3. The change will avoid confusion
Cases covered
Who may file the petition?
1. Clerical or typographical errors and
change of first name or nickname; Any person of legal age, having direct
2. Clerical or typographical errors and and personal interest in the correction of
change of the day and month in the a clerical or typographical error in an
date of birth; or entry and/or change of first name or
3. Clerical or typographical errors and nickname in the civil register
change of sex of a person where it is
patently clear there was a clerical or "Direct and personal interest"
typographical error or mistake in the
entry 1. He is the owner of the record;
2. The owner's spouse, children,
"Clerical or typographical error" parents, brothers, sisters,
grandparents, guardian; or
A mistake committed in the performance 3. Any other person duly authorized by
of clerical work in writing, copying, law or by the owner of the document
transcribing or typing an entry in the civil sought to be corrected
register that is harmless and innocuous,
such as a misspelled name, place of *When person is a minor or physically or
birth, which is visible to the eyes or mentally incapacitated: petition may be
obvious to the understanding, and can be filed on his behalf by his spouse, any of
corrected or changed only by reference his children, parents, brothers, sisters,
to other existing record or records. grandparents, guardians, or persons duly
authorized by law.
A petitioner for change of name and a
correction of entry may be joined in one Where to file the petition?
proceeding if the change of name and
correction and entry are based on the 1. Local civil registry office or Clerk of
same underlying facts or logically the Shari'a Court where the record
connected to each other and provided being sough to be corrected or
that all requirements are complied with. changed is kept;
2. If petitioner has already migrated to
another place in the country: petition-
receiving civil registrar of the place
where the interest party is presently
residing or domiciled;

3. With the nearest Philippine
Consulates, for citizens of the *Petition and its supporting papers shall
Philippines who are presently be filed in three (3) copies to be
residing or domiciled in foreign distributed as follows:
countries 1. Concerned city or municipal civil
registrar, or the consul general;
Form of petition 2. Office of the Civil Registrar
General
Petition must be verified and shall be in 3. Petitioner
the form of an affidavit, subscribed and
sworn to before any person authorized by Notice and Publication
the law to administer oaths.
Published at least once (1) a week for
Contents of the petition two (2) consecutive weeks in a
newspaper of general circulation.
1. The facts necessary to establish the
merits of the petition; *Publication only applies in the following
2. That the petitioner is competent to cases:
testify to the matters stated; 1. Change of first name;
3. The erroneous entry which are 2. Correction of entry concerning day
sought to be corrected; and and month of date of birth; or
4. All names by which petitioner is 3. Correction of entry concerning sex of
known person
Annexes to the petition (important) Important to note
a. A certified true machine copy of the All petitions for the clerical or
certificate or of the page of the typographical errors and/or change of
registry book containing the entries first names or nicknames may be availed
sought to be corrected or changed; of ONLY ONCE.
b. At least two (2) public or private
documents showing the correct Hence, if a person has availed of a
entries upon which correction or petition for correction of clerical or
change shall be based; typographical error under RA 9408 and
c. Other documents which the wants to correct another clerical or
petitioner or the city or municipal civil typographical error should file a petition
registrar or the consul general may with the RTC UNDER RULE 108.
consider relevant and necessary for
the approval of the petition; However, if a person has filed a petition
d. For correction of erroneous entry of for correction of clerical or typographical
date of birth or sex of a person: errors, he can still avail of a petition for
earliest school record of earliest change of first name of nickname, and
school documents such as, but not vice versa.
limited to, medical records, baptismal
certificate and other documents
issued by religious authorities;
e. For change of gender corrected:
certification issued by an accredited
government physician attesting to
the fact that the petitioner has not
undergone sex change or sex
transplant; and
f. Certification from appropriate law
enforcement agencies that the
petitioner has no pending case or no
criminal record

APPEALS IN SPECIAL
PROCEEDINGS (RULE 109)
Orders or Judgments From Which Appeals
May be Taken Through a Record on Appeal
a. Allows or disallows a will;

b. Determines who are the lawful heirs of a
deceased person, or the distributive
share of the estate which such person is
entitled;
c. Allows or disallows, in whole or in part,
any claim against the estate of a
deceased person, or any claim
presented on behalf of the estate to
offset a claim against it;
d. Settles the account of an executor,
administrator, trustee or guardian;
e. Constitutes, in the proceedings relating
to the settlement of the estate of the
deceased person, or the administration
of a trustee or guardian, a final
determination in the lower court of the
rights of the party appealing, except that
no appeal shall be allowed from the
appointment of a special administrator;
and
f. A final order or judgment rendered in the
case, and affects the substantial rights
of the person appealing, unless it be an
order granting or denying a motion for a
new trial or for reconsideration.
Orders that are not Appealable

1. Order directing administrator to take
action to recover amount due to the
estate.
2. Order made in administration
proceedings relating to inclusion or
exclusion of items of property in the
inventory of the executor or
administrator
3. Order appointing a special administrator
Case Where Notice of Appeal is sufficient

A declaration of presumptive death of an absent
spouse since it is a summary proceeding.

Form 1: EXTRAJUDICIAL SETTLEMENT OF ESTATE
EXTRAJUDICIAL SETTLEMENT OF ESTATE
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT made and entered into this [ ]nd day of [Address] 201_ by and among:
[HEIR], of legal age, Filipino, [status], and with residence and postal address at _________________;
[HEIR], of legal age, Filipino, [status], and with residence and postal address at ______________;
[HEIR], of legal age, Filipino, [status], and with residence and postal address at ______________;
WITNESSETH:
THAT we are the legitimate children and sole heirs of [name of deceased] who died on [date] in
[place of death]; copy of his death certificate is hereto attached as Annex “A”;
THAT said deceased died without any will or testament and without any outstanding debts on favor of
any person or entity;
THAT said deceased, at the time of his death, left certain property, situated in [address] and more
particularly described as follows, to wit:
[Technical description of property; specific metes and bounds of the property with approximate
area thereof, as indicated on the face of the title]
THAT pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines, and we being
all of age and with full capacity to contract, we do hereby adjudicate unto ourselves the properties
described above, in equal shares.
IN WITNESS WHEREOF, we have hereinto signed this AGREEMENT, this _nd day of [Month] 201_
in the ________, Philippines.
THE HEIRS OF ___________
HEIR HEIR
_________________ ____________________________
HEIR
____________________
SIGNED IN THE PRESENCE OF:
_______________________________
____________________________
Witness Witness
ACKNOWLEDGEMENT
Page 26 of 75 Legal Forms: Special Proceedings

Extrajudicial Settlement of Estate
Republic of the Philippines )
City of Makati ) S.S.
BEFORE ME, a Notary Public for and in the City of Makati, this 2nd day of October 2013
personally appeared:
Name. Identification Card. Issued On/At
______________________ ______________________ ___________________
______________________ ______________________ ___________________
______________________ ______________________ ___________________
______________________ ______________________ ___________________
All known to me to be the same persons who executed the foregoing instrument and hereby
acknowledged to me that the same is their free and voluntary act and deed.
This instrument consisting of two (2) pages, including this page on which this acknowledgement
is written refers to an EXTRAJUDICIAL SETTLEMENT OF ESTATE and has been signed by the parties
and their witnesses and sealed with my notarial seal.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No.
Page No.
Book No.
Series of 2018.

Extrajudicial Settlement of Estate
Form 2: EXTRAJUDICIAL SETTLEMENT AMONG HEIRS (WITH DEED
OF ABSOLUTE SALE)
EXTRAJUDICIAL SETTLEMENT AMONG HEIRS

(with DEED OF ABSOLUTE SALE)
KNOWN BY ALL MEN THESE PRESENTS:
This Extrajudicial Settlement of Estate, made and executed in [Place] on [Date] by and among:
[Name], of legal age, Filipino, single/married/widowed residing at [Address]

WITNESSETH, that:
WHEREAS, We are the sole heirs of [Name of Decedent] who passed away on [Date] , and at the time
of his death, was residing at [Place], copy of his death certificate is hereto attached as Annex A;
WHEREAS, the decedent, died intestate, without Will or Testament, and without any outstanding debts
in favor of any person or entity;
WHEREAS, the decedent is the absolute and registered owner of two parcels of land located at [Place]
covered by Transfer Certificate of Title No. [TCT No.] and [TCT No.] respectively, of the Registry of
Deeds of [Place] and more particularly described as follows:
[TECHNICAL DESCRIPTION OF THE PROPERTY]
WHEREAS, pursuant to Section 1 of Rule 74 of the Revised Rules of Court of the Philippines, and
being with full capacity to contract, we do hereby adjudicate unto ourselves the parcel of land described
above, in EQUAL PRO-INDIVISO SHARE EACH;
That for and in consideration of the sum of [amount in words] (P_____________) , Philippine
Currency, receipt of which is hereby acknowledged by us, the Heirs of _______ , we do hereby SELL,
CEDE, CONVEY, and TRANSFER by way of ABSOLUTE SALE unto [name of buyer] , (his/her) heirs,
assigns and successors-in-interests, all our rights, interests and participation over the above-described
parcel of land; and we hereby warrant the peaceful possession and enjoyment of the VENDEE, his heirs
and assigns and warrant to defend his rights and interests against any claim from third persons
whomsoever, that possession to be transferred upon the execution of this instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of [Month,
Year] at Place] .
____ [ HEIR/VENDOR] _____ ____ [ HEIR/VENDOR]

_____
____ [ HEIR/VENDOR] _____

Extrajudicial Settlement Among Heirs (with Deed of Absolute Sale)
Signed in the presence of:
____________________ ____________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )

BEFORE ME , a Notary Public for and in the City of [Place] , Philippines this [Date] personally
appeared the following:
Names ID No. Date/Place Issued
known to me and to me known to be the same persons who executed the foregoing Extrajudicial
Settlement Among Heirs consisting of Two (2) pages including this page, and they acknowledged to me
that the same is their free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL at the place and on the date first herein above written.
Notary Public
Doc. No.
Page No.
Book No.
Series of

Extrajudicial Settlement Among Heirs (with Deed of Absolute Sale)
Form 3: PETITION FOR PARTITION
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
REGIONAL TRIAL COURT
Branch 30, Manila City
STEFANO LIM, S.P. No. 0123

Plaintiff, For: Partition
versus
NEIL FALGUI,
Defendant,
x ------------------------------------ x
PETITION
Plaintiff, by undersigned counsel, and to this Honorable Court, respectfully alleges that:
1. The plaintiff, of legal age, Filipino, married, and resident of No. 12 Blackwater St., Quezon City.
The defendant is of legal age, Filipino, married, and resident of No. 11 Blackwater St., Quezon
City.
2. Plaintiff and defendant are co-owners of one parcel of land (residential lot) situated at Espana
Street, Manila, Philippines, and covered by Transfer Certificate Title No. 13576 of the Office of
Registered Deeds of the City of Manila.
3. The aforementioned parcel of land has a 30 meter frontage at Espana Street, and is easily
divisible into two parcels both of which can conveniently serve as either residential or commercial
premises.
4. Plaintiff had notified defendant of former’s desire and intention to partition said property, and for
that purpose, had presented and submitted to defendant a project plan of partition.
5. Notwithstanding repeated demands by plaintiff, defendant refused and still refuses without
justifiable cause or reason, to accede to the partition of the property.
WHEREFORE, it is respectfully prayed that judgment issue:

1. Ordering the partition of the parcel of land mentioned and described in Par. 2 of this complaint,
adopting for the purpose of said partition, the project-plan prepared.
2. Ordering the determination as to which od the two parcels in said project-plan shall pertain to either
party be done by the choice of the party;
3. Ordering defendant to execute and sign all necessary papers or deeds which shall give validity and
effect to the partition
(Sgd.) Atty. George Martin
Counsel for Plaintiff
Executive Suites Wheels Bldg.,
E. Rodriguez Sr. Ave.,
Quezon City
IBP No. 764814
dtd. 01-07-09Pasig City
PTR No. 5448574 /01/14/09/ Rizal
Roll No. 33476
MCLE Compliance II – 0009328
Dtd. March 27, 2014

Petition for Partition
Verification and Certification against Forum Shopping
I, [petitioner], of legal age, [citizenship], [status], and a resident [address], after being sworn in
accordance with law, hereby depose and say: That I am the Petitioner in the above-entitled case; That I
have caused the preparation of the above Petition and I have read the same and knows the contents
thereof; That the allegations contained therein are true and correct of my own personal knowledge.
That I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed
any claim involving the same issues or matter in any court, tribunal, or quasi-judicial agency and, to the
best of my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn
that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days there from to the court or agency wherein the original pleading and sworn certification
contemplated
herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hands this 24th day of February 2015, at Quezon
City,
Philippines.
(Sgd) Lara Jean Covey

Affiant
JURAT
SUBSCRIBED AND SWORN to before me, this 24th day of February 2015, by [affiant] who exhibited
to
me her Community Tax Certificate No. 123456 issued at Makati City, Philippines on March 8, 2014.
ATTY. HERMIONE GRANGER

Notary Public
Until December 31, 2015
ROLL No. 87654- March 13, 2001
IBP O.R.No. 3828 / LIFE PTR No. 12345670 –January 02, 2009
BOTH ISSUED IN MAKATI CITY
Doc. No.
Page No.
Book No.
Series of

Petition for Partition
Form 4: AFFIDAVIT OF SELF-ADJUDICATION
x-----------------------------x
AFFIDAVIT OF SELF-ADJUDICATION
I, NAME , of legal age, Filipino, single and a resident of [address] , after having been duly sworn to
in accordance with law, depose and state:
1. That I am the only heir of [name of deceased] who died wihout any last will and testament on
[date] in [place] as evidenced by his Death Certificate issued by the City of Makati hereto
attached as Annex “A” and made an integral part of this affidavit;
2. That at the time of his death, my father had no debts, liabilities or obligations to any persons,
agency or institution;
3. That the only property he left is a [description] hereto attached as “Annex B” and made an
integral part of this affidavit;
4. That pursuant to Rule 74, Sec 1 of the Rules of Court, I hereby adjudicate unto myself the
above—described real estate by means of this Affidavit and hereby files the same with the
Register of Deeds of [place] City with the request that the said adjudication be made effective
without judicial proceeding as prescribed by the aforementioned provision of the Rules of
Court.
IN WITNESS WHEREOF, I have hereinto set my hand this _nd day of [month] 201_ in [place] ,
Philippines.
________________
Affiant
SUBSCRIBED AND SWORN TO before me this __________ 2013 in ______ City, Metro Manila,
Philippines, affiant exhibiting to me her ____________________ issued in ________ on _________ and
valid until ____________.
Doc. No.
Page No.
Book No.
Series of 2018.

Affidavit of Self-Adjudication
Form 5: PETITION FOR LETTERS OF ADMINISTRATION IN CASES OF
INTESTACY

NATIONAL CAPITAL JUDICIAL REGION
Branch 30, Makati City
In the Matter of the Intestate Estate S.P. No. 4567

of ELEANOR ROOSEVELT,
THEODORE ROOSEVELT,
Petitioner,
x ------------------------------------ x
PETITION
PETITIONER, by counsel, respectfully states that:

1. Petitioner is of legal age, a Filipino citizen and the son of the deceased.
2. On May 2, 2016, Roose Bolton died without leaving any will in the city of Makati, Philippines,
which was his residence at the time of death.
3. The deceased’s only heir is herein petitioner, Ramsay Bolton, residing at No. 12 Winterfell St.
Makati City
4. The deceased left a house and lot located at No. 152, Onyx Road, Grain Subdivision, Quezon City
and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts.
WHEREFORE, it is respectfully prayed that after due notice and hearing, letters of administration of the
estate of the deceased, Roose Bolton, be issued in favor of petitioner.
Quezon City; 7 July 2012.
Atty. George Martin

Counsel for Petitioner
The Wall Bldg.,
E. Rodriguez Sr. Ave.,
Quezon City
IBP No. 12345
dtd. 01-07-09 Pasig City
PTR No. 5448574 /01/14/09/ Rizal
Roll No. 33476
MCLE Compliance II – 0009328
dtd. March 27, 2014
[Verification with Certification of Non-Forum Shopping]

Petition for Letters of Administration in Cases of Intestacy
Form 6: PETITION FOR SUMMARY SETTLEMENT OF ESTATE OF
SMALL VALUE
MUNICIPAL TRIAL COURT
MAKATI CITY, BRANCH ___
Lara Jean Covey

Petitioner,
S.P. No. 0023
For: Summary Settlement of Estate of Small Value
x ------------------------------------ x
PETITION FOR SUMMARY SETTLEMENT ESTATE OF SMALL VALUE
PETITIONER, by undersigned counsel, and to this Honorable Court, respectfully avers:
1. That the petitioner, of legal age, Filipino,married, and resident of [address], is the mother of
recently deceased [name of deceased], who died intestate in [place of death] on __ MONTH
20__;
2. That the decedent is an inhabitant of [address], and a resident of [address] , at the time of her
death;
3. That the heirs of the decedent consist only of her parents, to wit:
[HEIR/s] [relationship] [age] [address]
4. That the property left by the decedent consists of personal property, the gross value of [amount]
(Pxxxxx.00).
5. Personal property above mentioned is a [ description of property]
6. That the decedent has left no debts.
WHEREFORE, it is respectfully prayed that upon proper notice and hearing the estate of the decedent
be summarily settled and distributed to the abovementioned heirs.
(Sgd.) PETER KAVINSKY

Counsel for the Petitioner
[Address]

Petition for Summary Settlement of Estate of Small Value
Form 7: PETITION FOR PROBATE OF HOLOGRAPHIC WILL
Branch No. ____, City of Makati
RE: PROBATE OF THE HOLOGRAPHIC

WILL OF [name of testator],
SP PROC. No. 0023
_______________,
Petitioner,
x ------------------------------------ x
PETITION
1. Petitioner is a Filipino citizen and [relationship] of the deceased;

2. 2. On [date] ,[name of testator] died, having previously executed a holographic will in his own
handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The
handwriting may be attested to as his by his secretary of long standing, _______.
3. The deceased left [property] located [address] and [personal property ]; he had no debts.
4. The deceased’s only heirs are herein [ name of heirs and petitioner ] , both of whom are
residing at [address].
WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the
date for the probate of the holographic will and that letters of administration be issued in favor of the
herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said
holographic will.
Makati City, 18 October 2018
(Sgd.) ________________
[Address]
IBP No.
PTR No
Roll No.
MCLE Compliance No.

Petition for Probate of Holographic Will
Form 8: NOTARIAL WILL
LAST WILL AND TESTAMENT
of
[ Testator]
KNOW ALL MEN BY THESE PRESENTS:
I, [ Testator] , of legal age, married to [Spouse] , a native of [Address] , now actually residing at
[address] , being of sound and disposing mind and memory, and not acting under influence, violence,
fraud or intimidation of whatever kind, declare this to be my Last Will and Testament which I have caused
to be written in English, the language which is known to me. And I hereby declare that:
I. The following are my children and their addresses;
[Name of children and addresses]
II. I give and bequeath to my children __________, __________, and __________, in equal
shares, the following properties, real and personal, whatsoever and wheresoever located:
[Description of property]
III. I designate _______________ as the sole executor of this Last Will and Testament.
IN WITNESS WHEREOF, I have set my hand this ___day of July 2007 in __________.
(Sgd.) _________________
ATTESTATION CLAUSE
WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby
certify that: the [ testator] has published unto us the foregoing will consisting of ___ pages numbered
correlatively in letters on the upper part of each page, as his/her last will and testament and has signed
the same and every page thereof, on the left margin, in our joint presence and we, in turn, at his/her
request have witnessed and signed the same and every page thereof, on the left margin, in the presence
of the testator and in the presence of each other.
[WITNESS 1] [Residence]
JOINT ACKNOWLEDGMENT
BEFORE ME, Notary Public for and I the _______________, this ___day of __, 20__, personally
appeared:

Notarial Will
[Testator] , with Valid Identification Document _______ issued by [official agency] , on __ [Month]
20__;;
[Witness] , with Valid Identification Document _______ issued by [official agency] , on __ [Month]
20__;;
20__;
20__;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last
three as instrumental witnesses, and they respectively acknowledged to me that they signed the same
as their own free act and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and has
been signed on the left margin of each and every page thereof by the testator and his witnesses and has
been sealed with my Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) _____________
Notary Public
Until ________________
IBP No.______________
PTR No._____________
Roll No.______________
MCLE No.____________
Doc. No.
Page No.
Book No.
Series of 2018.

Notarial Will
Form 9: PETITION FOR PROBATE OF NOTARIAL WILL
MUNICIPAL TRIAL COURT
MAKATI CITY, BRANCH ___
Lara Jean Covey
Petitioner,
SP PROC. No. 0023
For: Probate of Will
x ------------------------------------ x
PETITION FOR PROBATE OF WILL
PETITIONER, by undersigned counsel, and to this Honorable Court, respectfully avers:
1. That the petitioner, of legal age, and resident of [address], is the executor named in the last will
and testament of [name of deceased], deceased, who died intestate in [place of death] on __
MONTH 20__;
2. That a photostatic copy of the last said will and testament is hereto attached as Annex “A” and
made an integrral part of this petition, the original thereof to be presented to this Honorable Court
at the time of probabte;
3. That the subscribing witnesses to said will are: [name of witness], [name of witness], and
[name of witness], all of whom are residents of __________ City;
4. That the decedent is an inhabitant of the Philippines and a resident of [address] at the time of
her death;
5. That the Petitioner, named in the will as executor thereof, is legally qualified to act as such and
hereby consents and agrees to accept said trust;
6. That the following persons, all of age, have been named in the said will as devisees of the
deceased, to wit:
[name] [relation] [age] [address]
7. That the property left by the decedent consists of real and personal property, the gross value of
which is [value in words] (value in numbers).
PRAYER
WHEREFORE, it is respectfully prayed:

Petition for Probate of Notarial Will
1. That, upon proper notice and hearing, the abovementioned Last Will and Testament be admitted
to probate;
2. That letters testamentary be issued to herein petitioner;
3. That such other relief be granted as may be deemed just and equitable.
Makati City, 28 January 2018.
Atty. Peter Kavinski

Rm. 210 8 Rockwell,
8 Rockwell Drive, Makati City
PH Bar Roll No. ____
PTR No. ______
IBP No. ______
MCLE Compliance Cert. No. ______

Petition for Probate of Notarial Will
Form 10: PETITION FOR ESCHEAT
Republic of the Philippines
Regional Trial Court
National Capital Judicial Region
Branch 2
Mandaluyong City
In the Matter of Escheat Proceedings of the

Estate of the Deceased Juan Buncayo Spec. Pro. Case No. 12345
For: Escheat
X--------------------------------------------X
PETITION
Senior State Solicitor Draco Malfoy, as authorized by Solicitor General Ron D. Weasley, in behalf
of the Republic of the Philippines, unto this Honorable Court. Respectfully avers that:
1. Harry Potter, an American citizen, and resident of 32 Grimmauld Place, Hogwarts St.,
Mandaluyong City died intestate in the said city on October 1, 2018;
2. At the time of his death, he left personal and real property in the city, to wit:
a. Condominium Unit (Unit No. 234 located at the 2nd floor, Hogwarts Building, Pioneer
St., Mandaluyong City
b. One (1) Nimbus Two Thousand Fountain Pen
c. One (1) Firebolt sedan with plate number b33pb33p
3. He left no heir or persons who by law are entitled to inherit his personal and real property.
WHEREFORE, it is respectfully prayed that upon due notice and hearing, and after payment of
his just debt and charges, the estate of the deceased Harry Potter be declared in favor of the
Government, in accordance with law.
Makati City, Philippines, October 17, 2018.
Draco Malfoy
Senior State Solicitor

Petition for Escheat
Form 11: PETITION FOR GUARDIANSHIP

San Juan City, Branch 8
San Juan City, Branch 10
IN RE: PETITION FOR GUARDIANSHIP OF

JUAN DELA CRUZ,
S.P. No. 163821
JOHN MABAIT, For: Guardianship
Petitioner.
x ------------------------------------------------------- x
PETITION FOR GUARDIANSHIP OF AN INCOMPETENT
PETITIONER, through undersigned counsel, and to this Honorable Court, respectfully

avers:
1. That the petitioner who is of age, single, and resident of Unit 1F, Building 2, Tuscany
Private Estate, Mckinley Hill, Taguig is the friend of Juan Dela Cruz (hereinafter referred to as the
“WARD”)
2. That the said WARD, by reason of her age, is unable to take care of herself and manage her
property without outside aid
3. That the said WARD is 103 years of age, is a resident of 36 Xavier Street Greenhills West
Subdivision, San Juan City.
4. That the said WARD is the owner of a parcel of land located in the City of Makati, with a
probable value of FIFTY MILLION PESOS (‘P50,000,000);
5. That due to the said WARD being incompetent, it is necessary and convenient that a guardian of
his person and property be appointed;
6. That the nearest of kin of the WARD are the following:
Flordeliza Dela Cruz 79 Sister 221 B., Baker Street., London
Florendo Dela Cruz 50 Sister 32 Windsor Gardens, London
7. That, as above stated, the Petitioner is the person having the said WARD in his care, and that he
possesses all qualifications to whom letters of guardianship should issue.

Petition for Guardianship
PRAYER
WHEREFORE, it is respectfully prayed that, upon due notice and hearing, and upon the
giving of such bond as this Honorable Court may direct, that the said Petitioner be appointed
guardian of the person and estate of the WARD
San Juan City, 2 April 2018.
(sgd.)
Moses Roses
PTR NO. 124272
IBP No. 183383
Roll No. 123432
MCLE No: 454674

Petition for Guardianship
Form 12: PETITION FOR GUARDIANSHIP OF MINORS
Paranaque City, Branch 20
IN RE: PETITION FOR GUARDIANSHIP OF

MINOR AYO CO,
S.P. No. 364421
GUSTO KO, For: Guardianship of Minors
Petitioner.
x ------------------------------------------------------- x
PETITION FOR GUARDIANSHIP OF AN INCOMPETENT

PETITIONER, through undersigned counsel, and to this Honorable Court, respectfully
avers:
1. That the Petitioner who is of age, single, and resident of Dr A. Santos Ave, Parañaque, Metro
Manila is the actual of custodian of the minor AYO CO, (hereinafter referred to as the “MINOR”)
2. That the said MINOR, who at the time of the filing of this petition is only eight (8) years of age, and
is a resident of Dr A. Santos Ave, Parañaque, Metro Manila.
3. That the said MINOR is the owner or real property, located in Makati City, of the probable value of
ONE HUNDRED MILLION PESOS (P100,000,000.00)
4. That due to the continued absence of the parents of said MINOR, it is necessary and convenient
that a guardian of his person and property be appointed;
5. That the MINOR has no known next of kin
6. That, as above stated, the Petitioner is the person having the said MINOR in his care, and that he
possesses all qualifications to whom letters of guardianship should issue.
PRAYER
WHEREFORE, it is respectfully prayed that, upon due notice and hearing, and upon the
giving of such bond as this Honorable Court may direct, that the said Petitioner be appointed
guardian of the person and estate of the MINOR.
Paranaque City, 12 April 2018.

(sgd.)
Moses Roses
PTR NO. 124272
IBP No. 183383
Roll No. 123432
MCLE No: 454674

Petition for Guardianship of Minors
Form 13: AFFIDAVIT OF INTENT AND CONSENT FOR ADOPTION OF
CHILD
Republic of the Philippines)
Province of________________)S.S.
City/Municipality of ____________)
x-- - - - - - - - - - - - - - - - - - - x
JOINT AFFIDAVIT OF INTENT AND CONSENT
We,___________and__________,both Filipinos, of legal age, married and presently residing

at____________, Philippines, having been duly sworn in accordance with law, hereby depose and
state:
1. That we are the legitimate parents of ____________who was born on____________in___________

Philippines.
2. That we have not, at any time abandoned said minor child.
3. That we are unable to support said child and that believing that it would be for (his/her)own interest
and benefit, we, hereby signify our written intent, freely and voluntarily to have our(son/daughter)
____________be adopted.
4. That we also signify our written consent, freely, willingly and voluntarily to have our
son/daughter)____________be legally adopted by the
spouses_________and___________of___________, Philippines in accordance with law.
5. That we are ready and willing, freely and voluntarily to abdicate our parental authority over said child
in favor of the spouses____________and_____________, who are ____and _____years of age,
respectively, and who are both possessed of the necessary civil and legal rights as well as the financial
capacity to raise, rear and support said child, after the adoption proceeding had been instituted and an
order of adoption be issued.
6. That we execute this affidavit to declare our intention and consent to the adoption of our
(son/daughter)_________as well as to the truth of the foregoing facts.
IN WITNESS WHEREOF, we have hereunto set our hands this____________at"_____________,
Philippines.
Affiant Affiant
(JURAT)

Affidavit of Intent and Consent for Adoption of Child
Form 14: DEED OF VOLUNTARY COMMITMENT
DEED OF VOLUNTARY COMMITMENT
I, MAMA BEAR, of legal age, Filipino, widow, temperate at all times and in full possession of my
mental powers, hereby declare:
That I am the legitimate mother of the minor, BABY BEAR, five (5) years old, whose father is now
deceased.
That due to my inability to support the said child, and believing it would be for her own interest and
benefit, I hereby give my written consent, freely and voluntarily, that said child be committed to the
Department of Social Welfare and Development for adoption, in accordance with law.
Makati City, 06 January 2018.
MAMA BEAR
SUBSCRIBED AND SWORN to before me this ____ day of ______ 2018 in _________,
Philippines, affiant exhibiting to me her competent evidence of identity by way of _______________
issued at ___________ on ________________.
Doc No. : _____

Page No.: ______
Book No.: ______
Series of 2018 Notary Public

Deed of Voluntary Commitment
Form 15: PETITION FOR DOMESTIC ADOPTION OF A MINOR
BRANCH __, MAKATI CITY
[NAME OF SPOUSES]
Petitioners,
S.P. No. ____________
For: Domestic Adoption of a Minor
XX-----------------------------------XX
PETITION FOR DOMESTIC ADOPTION OF MINOR
The petitioners, through the undersigned attorney, and unto this Honorable Court, respectfully avers that:
1. The petitioners [NAME OF SPOUSES] are husband and wife, both of legal age, and residents
of [ADDRESS OF SPOUSES];
2. They have no legitimate children or descendants and hereby desire to jointly adopt a minor,
named [NAME OF ADOPTEE], who is [AGE OF ADOPTEE] years of age, legitimate child of
[NAME OF ADOPTEE’S BIOLOGICAL PARENTS];
3. The father of said minor is now dead, and only her mother, named [NAME OF ADOPTEE’S
BIOLOGICAL MOTHER], is alive;
4. Since the time of the death of [NAME OF ADOPTEE’s BIOLOGICAL FATHER], [NAME OF
ADOPTEE] has been left in the case of [NAME OF SPOUSES], the later has been acting as
parents to the child, giving [HIM/HER] the basic necessities, care, comfort, and love. They have
provided her a home, a safe and secure environment for [HIM/HER] to grow up in;
5. The said mother, [NAME OF ADOPTEE’S BIOLOGICAL MOTHER], is not insane, nor
intemperate, nor has she abandoned such minor, and with full knowledge of petitioners’ intention
hereby expressly gives her written consent to the adoption, as evidenced by Annex “A” hereto
attached and made an integral part of this petition;
6. The Department of Social Welfare and Development has issued a Certificate of Availability for
Adoption certifying that the minor [NAME OF ADOPTEE] is available for adoption, as evidenced
by Annex “B”, hereto attached and made an integral part of the petition;
7. The petitioners are qualified to adopt the said minor, and as they are emotionally and
psychologically capable of caring for the minor child. They are also financially and morally
capable, to bring up and educate said minor, properly and adequately;
8. The petitioners are in possession of their full civil capacity and legal rights, they are of good
moral character, and have not been convicted of any crime involving moral turpitude.
PRAYER
WHEREFORE, it is respectfully prayed that upon due notice and hearing, judgment be rendered
adjudging that the minor child, [NAME OF ADOPTEE], be freed from all legal obligations of obedience
and maintenance with respect to her natural parents and that she be declared to all legal intents and
purposes, the child of the herein petitioners, [NAME OF SPOUSES] and that her surname be changed
to that of petitioners.
City of Makati, October 15, 2018.
Atty. Counsel McCounsel
Address of Counsel
Roll of Attorneys No.
PTR No.
IBP Lifetime Membership/Receipt No.
MCLE Compliance No.

Petition for Domestic Adoption of a Minor
Form 16: PETITION FOR NULLITY OF MARRIAGE
Branch 2
Manila City
Leticia Manalo,
Petitioner
Civil Case No. CV0101
For: DECLARATION OF NULLITY OF MARRIAGE
-versus-
Gregorio Manalo,
Respondent
X-----------------------X
PETITION
WITH ALL DUE RESPECT,

Petitioner, by counsel, to this Honorable Court, respectfully states:
1. Petitioner, Leticia Manalo, is of legal age, Filipino citizen, and a resident of NY Street,
Mandaluyong City, where he may be served with summons and other court processes;
2. Respondent, Gregorio Manalo, is likewise of legal age, Filipino citizen, and a resident of Pioneer
Street, Mandaluyong City, where he may be served with summons and other court processes;
3. Petitioner and Respondent (referred herein as Parties) entered into a contract of marriage on
October 1, 2015 at the Office of the City Mayor of Mandaluyong. Solemnized by Hon. Benjamin
Abalos. A copy of their marriage certificate is hereto attached as Annex “a”;
4. The parties begot two children. Copies of their children’s Certificates of Live Birth are hereto
attached as Annex “B” and “C”, respectively;
5. Petitioner and Respondent were childhood friends, growing up in the same area and were
schoolmates during elementary. They went their separate ways from high school to college and
only met again upon their batch reunion in a restaurant in Mandaluyong City;
6. Petitioner and respondent became romantically involved immediately after the reunion;
7. After a few more dates, Petitioner became pregnant;
8. When Respondent’s parents came to know that herein Petitioner got pregnant, they pressured
the Respondent to marry Petitioner. Likewise, the relatives of Petitioner put pressure on her by
warning her not to put their family in a humiliating situation;
9. Even before their marriage, the Petitioner had observed that the Respondent displayed
irresponsibility to the extent that he oftentimes would not care for her emotions and feelings.
However, she hoped that the Respondent would change once they get married. Petitioner then
gave in to the pressure and married Respondent even though she did not know him too well;

Petition for Nullity of Marriage
10. At the time of the celebration of their marriage, Respondent was suffering from psychological
incapacity and not truly cognitive of his marital obligations. The facts and circumstance being
that:
a. During their relationship, before getting married, Respondent was a party boy and a
“chickboy”, always out and about to the extent of meeting new girls every weekend;
b. Respondent showed signs of irresponsibility as a husband and father and would rather
go out with peers until the wee hours of the morning only to be found passed out on the
sidewalk outside of bars. He would rather spend time with his “barkad” and spend his
money on girls he meets at the bar. Their children were only attended to by Respondent,
as well as the mother of Petitioner;
c. Respondent is also very dependent on his mother that all his decisions would depend
greatly on the affirmation of his mother. Respondent is unable to decide on his own. His
decision to marry was only because of the persuasion he received from his parents.
Heated arguments occurred every time a decision is at issue since the decision of Ted’s
mother had to be followed at all times;
d. Respondent is also a habitual liar. Respondent lied multiple times during their marriage.
Some lies are so grave such as the instance when Respondent lied that he had gotten
a job as a librarian when in fact he was not able to do so. Respondent would tell
Petitioner that he would be finding a job when in fact he spends the afternoon drinking
and meeting other girls. Respondent got angry when asked by Petitioner about the
matter and told Petitioner that he was happier and free before they got married;
e. Even if the parties have their own house, Respondent would often leave their house and
stay with his friends for weeks due to the fact that, allegedly, he felt constricted or
“nasasakal” in their own house, leaving the children with Petitioner’s mother;
f. The Parties never even had sexual intercourse for more that a year already and rarely
eat together as a family. The environment was not a pleasant one and not ideal for a
family with children;
g. Respondent left the family and has never set foot in their house for almost 5 years when
he went with his parents abroad (New Zealand). Without any hesitation and second
though he left the family without even consulting Petitioner nor even caring for whatever
the children might think or feel
11. Petitioner tried convincing Respondent to change for the better for the sake of the family and
their growing children and to return to them as a husband and a father to fulfill their marital
obligations but such pleas fell on deaf ears as Respondent was not willing to be a husband and
a father and does not want to live in a peaceful union with Petitioner;
12. Petitioner sought the help of a clinical psychologist, Dr. Manuel Villacorta, who conducted a
psychological evaluation on the ability of Respondent to discharge and cope with the essential
obligations of marriage. Dr. Villacorta found that Respondent was psychologically incapacitated
to perform the essential marital obligations resulting from his immaturity, which affected his
sense of rational judgment and responsibility;
13. As found by Dr. Villacorta, Respondent’s behavioral patterns were affected during his early
developmental years where he was raised and exposed in an unfavorable environment;
14. The psychiatric illness of the Respondent is serious and incurable since it is deeply rooted in his
personality and that such illness originated from parental overindulgence or overprotection
especially coming from the mother, the parent of the opposite sex. The fact that his father was
an Overseas Filipino Worker (OFW) in Saudi Arabia, and hence the lack of a father figure, helped
the illness develop. The absence of a father figure during his growing years deprived him of the
guidance on how to be a proper husband and father which was apparent in his marriage;
15. These traits reveal that he has psychological incapacity under Art. 36 of the Family Code of the
Philippines and is medically labeled as having “Histrionic Personality Disorder with Dependent

Personality Disorder” relating to severe inadequacy that renders him psychologically
incapacitated to perform the duties and responsibilities of a husband and father;
16. The psychological makeup of the parties are explained in greater detail in the Clinical
Assessment Report (“Report”) dated 25 July 2018, a copy of which is attached as Annex “D”;
17. That the psychological incapacity on the part of the defendant was already existing and manifest
even before the celebration of the marriage, but Petitioner thought it will disappear during the
marriage; however, it subsisted and even got worse;
18. That said psychological defect or illness is grave, serious and incurable;
19. Petitioner is filing this petition to declare her marriage a nullity. Respondent showed no concern
for his obligation towards his family in violation of Art. 68 of the Family Code which provides that
husband and wife are obliged to live together, observe mutual love, respect and fidelity, and
render mutual help and support. Petitioner is also filing this case under Art. 36 of the same Code
as the Respondent manifested apparent personality disorder and psychological dysfunction, i.e.
his lack of effective sense of rational judgment and responsibility by being psychologically
immature and failing to perform his responsibilities as a husband;
20. That the parties did not acquire any property and there are no known creditors who will be
prejudiced by the declaration of nullity of their marriage should the Honorable Court grant this
petition, hereto attached as Certificate of Non-Property, Annex “E”.
PRAYER
WHEREFORE, it is most respectfully prayed that judgment be rendered declaring the nullity of
the marriage of Petitioner with Respondent pursuant to Article 36, and the annulment of the same
marriage based on Article 45(5) of the Family Code of the Philippines.
Other reliefs just and equitable under the premises are also prayed for.
City of Mandaluyong, October 10, 2018.

Gregorio Del Pilar
234 Tirad Pass St., Bulakan, Bulacan
Roll of Attorneys No. 2222
PTR No. 45376
IBP Lifetime Membership No. 98765
MCLE Compliance No. TY-123
Copy Furnished:
Office of the City Prosecutor (Personal Service)
Justice Hall, Mandaluyong City
Office of the Solicitor General

134 Amorsolo St., Legaspi Village
1129 Makati City, Metro Manila
EXPLANATION
A copy of the foregoing PETITION was sent through registered mail to the Office of the Solicitor
General due to distance, and manpower constraints.

Form 17: PETITION FOR LEGAL SEPARATION
Branch 2
Mandaluyong City
Gregorio del Pilar,

Petitioner
Civil Case no. CV0101
For: LEGAL SEPARATION
-versus-
Remedios Nable Jose,

Respondent
X-----------------------X
PETITION FOR LEGAL SEPARATION
1. Petitioner Gregorio del Pilar and Respondent Remedios Nable Jose met each other sometime
in January, 2012. The acquaintance led to courtship and romantic relations, culminating in the
exchange of marital vows in a church wedding on April 1, 2014. A copy of the marriage certificate
is hereto attached as ANNEX “A” and made an integral part of this petition;
2. After their marriage, the couple decided to settle at Dagupan Village, Mandaluyong City, where
they built their family home;
3. The union produced a single child, namely, Joven, born on December 2, 2015. A copy of the
Certificate of Live Birth is attached hereto as Annex “B”;
4. The couple’s marriage started of good which manifested through their display of intimacy and
giving of trust and respect to each other. They were able to easily address minor issues in their
relationship. Remedios was a good wife and mother as she placed the concerns and welfare of
Gregorio and Joven as her priority above anything else;
5. In the middle stages of their marriage, Remedios showed signs of thoughtlessness in the
discharge of her marital obligations as she became addicted to gambling (poker, mahjong) and
seldom went home. Remedios became an irresponsible wife and mother. Gregorio tried to
rekindle their marriage and to reverse the adverse situation;
6. However, sometime in April 2017, Remedios succumbed into habitual alcoholism and when
confronted about it, she would turn violent and physically hurt Gregorio, causing trauma to both
Gregori and Joven;
7. In the latter part of July 2017. Remedios left her family and the conjugal home and has not
returned since. She has totally become unmindful of her obligations to the family since all her
resources were spent in gambling and alcohol. There was a complete cessation of marital
relations between Remedios and Gregorio - both personal and property related - as well as
parental relations with their children since Remedios no longer provided support, may it be
financial or emotional;
8. In the early part of December 2017, the situation turned worse when Gregorio discovered that
Remedios was pregnant with another man’s child. Due to this circumstance, Gregorio and Joven

Petition for Legal Separation
suffered from humiliation, thus forcing them to relocate from Dagupan Village, Mandaluyong City,
to Cervantes Village, Mandaluyong City;
9. Gregorio can no longer tolerate Remedios’ shortcomings of being a mother and wife due to her
irresponsibility and unwarranted acts as well as sexual infidelity resulting to a failure on her part
to perform her duties to live with Gregorio, observe mutual love, respect, and render mutual help
and support;
10. Hence, this Petition for Legal Separation on the following grounds: (a) repeated physical violence
or grossly abusive conduct directed against Gregorio, (b) habitual alcoholism of Remedios, (c)
sexual infidelity or perversion of Remedios, and (d) abandonment by Remedios without
justifiable cause for more than one year;
11. The couple did not enter into any property relations and Gregorio has no known creditors;
12. In filing this petition, Gregorio was constrained to engage the services of counsel for an
acceptance fee of Ten Thousand Pesos (Php 10000) and per appearance fee of Two Thousand
Pesos (Php 2000), and will incur litigation expenses in the sum of Twenty Thousand Pesos (Php
20000).
PRAYER
WHEREFORE, premises considered, it is respectfully prayed for this Honorable Court to decide in favor
of the petitioner and specifically to decree the following:
1. The Legal Separation between Gregorio and Remedios;
2. The dissolution of their conjugal property relations and the division of the net conjugal assets;
3. The designation of Gregorio as the administrator of the absolute community during the pendency
of the action and eventual dissolution of such property;
4. The custody of their common child to be awarded to Gregorio;
5. The forfeiture of Remedios’ one-half share in the net conjugal assets in favour of the common
child;
6. The disqualification of Remedios from inheriting from Gregorio by intestate succession as well
as the revocation of the provisions in the will of Gregorio (if any) in favor of Gregorio;
7. Remedios to provide support to Gregorio and Joven;
8. The payment to Gregorio’s counsel of Php 10000 as attorney’s fees to be taken from Remedios’
share in the net assets or if none from Gregorio’s share therein; and
9. Such other relief or reliefs as may be deemed just and equitable by the Honorable Court.
Emilio Aguinaldo
1 Heneral St., Kawit, Cavite
PTR No. 23498
IBP Receipt No. 56723
MCLE Compliance No. EA-232323

Petition for Legal Separation
Form 18: PETITION FOR ANNULMENT OF VOIDABLE MARRIAGE
Branch 2
Mandaluyong City
Gregorio del Pilar,

Petitioner
Civil Case no. CV0101
For: ANNULMENT OF VOIDABLE MARRIAGE
-versus-
Remedios Nable Jose,

Respondent
X-----------------------X
PETITION FOR ANNULMENT OF VOIDABLE MARRIAGE
1. Petitioner Gregorio del Pilar and Respondent Remedios Nable Jose met each other sometime
in January, 2012. The acquaintance led to courtship and romantic relations, culminating in the
exchange of marital vows in a church wedding on April 1, 2015. A copy of the marriage certificate
is hereto attached as ANNEX “A” and made an integral part of this petition;
2. After their marriage, the couple decided to settle at Dagupan Village, Mandaluyong City, where
they built their family home;
3. The union did not produce a single child;
4. That during February 15, 2015, Gregorio had the opportunity to have a good paying job in Saudi
Arabia, the same was made known to Remedios. However, the news was not taken lightly by
Remedios; she became violent and began throwing things inside the house. Remedios took a
knife and aimed it at the neck of Gregorio uttering words like “Goyong, kung iiwanan mo ako
dito, papatayin kita at ang mga kamag-anak mo”;
5. Fearing for his safety and that of his family’s, Gregorio followed Remedios’ orders and did not
leave for Saudi Arabia;
6. However, sometime in March 2015, Remedios once again threatened Gregorio’s life. While
Gregorio was sleeping, Remedios held a knife, once again on his neck and stated that she would
kill him and his family if they did not get married immediately. Fearing for his life, he said yes;
7. At the end of March 2015, another instance of violence occurred. While Gregorio was shining
his leather shoes, Remedios barged in the backdoor and pointed a pistol at Gregorio. Remedios
then threatened that she would kill Gregorio and his family if they did not get married
immediately;
8. Thus, they got married on April 1, 2015;
9. That frequently, Remedious would take out a knife or pistol and just point it at Gregorio uttering
threatening words such as “subukan mong umalis, papatayin kita at ang pamilya mo.” This
scenario has occurred at least once a week until Gregorio could no longer tolerate the shame,
humiliation, and embarrassment brought about by said marriage which was entered into by force
and intimidation;

Petition for Annulment of Voidable Marriage
10. That the latest instance of threat upon Gregorio’s life and family occurred on September 17,
2018, merely less than a month before the filing of this petition, where Remedios actually fired a
pistol upwards while uttering threatening words to Gregorio. As a result, Gregorio left the family
home, stopped cohabitation with Remedios, and lived with his parents in preparation for this
petition;
11. The couple did not enter into any property relations and Gregorio has no known creditors;
12. In filing this petition, Gregorio was constrained to engage the services of counsel for an
acceptance fee of Ten Thousand Pesos (Php 10000) and per appearance fee of Two Thousand
Pesos (Php 2000), and will incur litigation expenses in the sum of Twenty Thousand Pesos (Php
20000).
PRAYER
WHEREFORE, premises considered, it is respectfully prayed for this Honorable Court to decide in favor
of the petitioner and specifically to decree the following:
1. The Annulment of the Voidable Marriage between Gregorio and Remedios;
2. The dissolution of their conjugal property relations and the division of the net conjugal assets;
3. The designation of Gregorio as the administrator of the absolute community during the pendency
of the action and eventual dissolution of such property;
4. The forfeiture of Remedios’ one-half share in the net conjugal assets in favour of the common
child;
5. The disqualification of Remedios from inheriting from Gregorio by intestate succession as well
as the revocation of the provisions in the will of Gregorio (if any) in favor of Gregorio;
6. Remedios to provide support to Gregorio;
7. The payment to Gregorio’s counsel of Php 10000 as attorney’s fees to be taken from Remedios’
share in the net assets or if none from Gregorio’s share therein; and
8. Such other relief or reliefs as may be deemed just and equitable by the Honorable Court.
Emilio Aguinaldo
PTR No. 23498

Petition for Annulment of Voidable Marriage
Form 19: PETITION FOR WRIT OF HABEAS CORPUS
Branch 123, Makati
IN RE: PETITION FOR HABEAS

CORPUS OF MANUEL QUEZON
S.P. No. 223344
JOSE LAUREL, For: Writ of Habeas Corpus
Petitioner.
DIOSDADO MACAPAGAL,
Respondent.
x ------------------------------------------ x
PETITION
1. That petitioner _____________ is of legal age, married and a resident of _____________,

Philippines, while respondent is also of legal age and may be served with summons, writs and all orders
of the Honorable Court at his office address at _____________, Philippines;
2. That the petitioner, _____________, in whose behalf this application is being made, is actually
restrained of his liberty by the respondent _____________ who is the Chief of Police of _____________
at the _____________ Police Station;
3. That sometime in the morning of _____________, petitioner was taken into custody by the said
respondent without a warrant of arrest and detained at the _____________ Police Station without any
criminal charges being filed against him before the proper judicial authorities despite the lapse of
________ (______). Moreover, petitioner was taken by the respondent not under any of the
circumstances where a warrantless arrest is allowed by the law or the Rules of Court;
4. That such restraint of liberty of the petitioner by the respondent is therefore without any legal
authority;
5. That the petitioner through counsel has exhausted all efforts available at law but to no avail, and
that he has no other plain, speedy, and adequate remedy to protect his personal rights and secure his
personal liberty except by his application for a Writ of Habeas Corpus.
PRAYER
WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus be issued by this
Honorable Court, directed to the respondent _____________ commanding the latter to produce the
body of _____________ before this Court at the time and place therein specified, and to summon the
respondent _____________ then and there to appear and to show cause of the detention of said
_____________; and that after due proceedings, the said _____________ be restored of his liberty
and forthwith discharged from confinement .
Other reliefs just and equitable under the premises are likewise prayed for.
Makati City; October 12, 2018.

Petition for Writ of Habeas Corpus
JARJAR BLINKS
Address of Counsel
PTR No.
MCLE Compliance No.

Petition for Writ of Habeas Corpus
Form 20: PETITION FOR WRIT OF HABEAS CORPUS FOR CUSTODY
OF A MINOR CHILD

Branch 123, Makati

CORPUS OF THE MINOR LUKE SKYWATER
S.P. No. 111334
PADMAY AMYGDALA, For: Writ of Habeas Corpus
Petitioner. For the Custody of Minor
ANAQUIN SKYWATER,
Respondent.
x ------------------------------------------ x
PETITION
1. Petitioner is the mother of the minors Luke Skywater, who were born out of the valid marriage
between petitioner and respondent Anaquin Skywater.
2. The marriage failed and petitioner has been living separately from respondent since 2015.
Sometime in March 2018, respondent, unknown to petitioner, abducted the minor children and has kept
them incommunicado and out of petitioner’s reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to
petitioner, as their mother. Consequently, respondent’s refusal to allow petitioner to regain custody over
the minors is unlawful and unjustified.
PRAYER
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing
respondent to make a return showing his legal authority to detain the minor children, subject of this
petition, and thereafter, present the minor children personally before the Court on a date and time it
chooses.
JARJAR BLINKS
Address of Counsel
PTR No.
MCLE Compliance No.

Petition for Writ of Habeas Corpus For Custody of a Minor Child
Form 21: PETITION FOR WRIT OF AMPARO

Branch 456, Makati
IN RE: PETITION FOR THE ISSUANCE OF THE

WRIT OF AMPARO
S.P. No. 443322
GREGORIO DEL PILAR, For: Writ of Amparo
Petitioner.
-versus-
EMILIO AGUINALDO,
Respondent.
x ------------------------------------------ x
PETITION
1. That petitioner is a Filipino citizen, of legal age, with address at ________ and the respondent is a
Filipino citizen , of legal age , with address at _________;
2. That the petitioner, ______, in whose behalf this application is being made, is actually restrained of
his liberty by the respondent, _____ at the latter’s residence at _________;
3. (State facts pertaining to the right to life, liberty and security of the aggrieved party violated or
threatened with violation by the unlawful act or omission of the respondent, and how such threat or
violation is committed with the attendant circumstance detained in supporting affidavits);
4. (The investigation conducted, if any, specifying the names, personal circumstances and addresses
of the investigating authority or individuals, as well as the manner and conduct of the investigation
together with any report);
5. (The actions and recourses taken by the petitioner to determine the fate and whereabouts of the
aggrieved party and the identity of the person responsible for the threat, act or omission).
PRAYER
WHEREFORE, petitioner respectfully prays that a WRIT OF AMPARO be issued by this Honorable
Court, ordering respondents ________ to immediately release from their custody the person of
_________ to petitioners if still alive, or if already dead, to show the place where his remains is placed
or buried and to pay the petitioner _____________.
(may also include prayer for:
1. Order enjoining respondent from doing harm or harassment.
2. Order allowing inspection by the court of the premises
3. Order respondents to produce documents to or in their custody related to the detention.)

Petition for Writ of Amparo
APOLINARIO MABINI
Address of Counsel
PTR No.
MCLE Compliance No.

Petition for Writ of Amparo
Form 22: PETITION FOR WRIT OF HABEAS DATA
Branch 191, Makati

DATA OF PADMAY AMYGDALA
S.P. No. 112233
PADMAY AMYGDALA, For: Writ of Habeas Data
Petitioner.
versus
DART VEEDER,
Respondent.
I.
NATURE OF THE PETITION
1. This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC, also known as the Rule
on the Writ of Habeas Data to require the respondent/s to produce and, if necessary update and rectify,
or, in the alternative, suppress or destroy information within its control and/or contained in its database,
which relates to petitioner, his/her family, his/her home and his/her correspondence.
2. Petitioner respectfully submits that respondent obtained the information through an unlawful act, has
unjustifiably failed to disclose the information to petitioner, and/or has unjustifiably refused to update,
rectify, suppress or destroy the information.
3. This act or omission of respondent to comply with petitioner's demand is a violation of, or poses a
threat of violation to, petitioner's right to privacy in life, liberty and security.
4. In view of the foregoing, petitioner brings this petition before this Honorable Court praying that the
respondent be required to cause the immediate production of the information requested so that the same
may be revealed to petitioner for proper updating, rectification or, in the alternative, for its suppression
or destruction, whatever may be necessary to protect petitioner's privacy.
5. Finally, petitioner respectfully submits that he/she is an indigent person and prays that this Honorable
Court exempt him/her from docket and other legal fees in this case, subject to the submission of proof of
his/her indigency within fifteen days from the filing of this petition.
II
6. Petitioner is a Filipino, of legal age, and residing at [state address]. She may be served with notices
from this Honorable Court through her undersigned counsel.
7. Respondent is being impleaded in his capacity as a public officer or employee, in charge of the
information or database of [state office], which office is engaged in the gathering, collecting, and storing
of data. He/She may be served summons and other processes of this Honorable Court at the [state
office address]. Respondent is of legal age, residing at [state address] and is engaged in the gathering,
collecting, and storing of data. He/She may be served summons and other processes of this Honorable
Court at the [state office address].

Petition for Writ of Habeas Data
8. Respondent is a corporation organized and existing by virtue of the laws of the Republic of the
Philippines. It is engaged in the gathering, collecting, and storing of data. It may be served summons
and other processes of this Honorable Court at [state office address].
III
MATERIAL ALLEGATIONS
9. Petitioner is a citizen of the Republic of the Philippines whose right to privacy is protected by the Bill
of Rights found in Article III of the 1987 Philippine Constitution, which provides:
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 7. The right of the people to information of matters of public concern shall be recognized.
Access to official records and documents, and papers pertaining to official acts, transactions, or
decisions as well as to government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.
10. Also, in Lourdes T. Marquez vs. Hon. Aniano A. Desierto, et al., this Honorable Court had occasion
to rule:
Zones of privacy are recognized and protected in our laws. The Civil Code provides that "[e]very
person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and
other persons" and punishes as actionable torts several acts for meddling and prying into the
privacy of another. It also holds a public officer or employee or any private individual liable for
damages for any violation of the rights and liberties of another person, and recognizes the
privacy of letters and other private communications. The Revised Penal Code makes a crime of
the violation of secrets by an officer, the revelation of trade and industrial secrets, and trespass
to dwelling. Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, the
Secrecy of Bank Deposits Act, and the Intellectual Property Code. (G.R. No. 135882, June 27,
2001.)
11. Finally, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public Officials
and Employees, makes it a duty of every public officer and employee to allow the inspection of all public
documents, and to respond to requests within fifteen days. Viz:
Section 5. Duties of Public Officials and Employees. — In the performance of their duties, all
public officials and employees are under obligation to:
(a) Act promptly on letters and requests. — All public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.
xxx xxx xxx
(e) Make documents accessible to the public. — All public documents must be made accessible
to, and readily available for inspection by, the public within reasonable working hours.
12. On [date], petitioner requested access to all information held about him/her by the respondent, within
fifteen days from respondent's receipt. A copy of the written request is attached as Annex "A".
13. The period given to respondent to allow petitioner access to its database has already lapsed.

14. As a result of respondent's failure or unjustifiable refusal to allow access to its database, petitioner’s
right to privacy is being violated.
15. The use and possible dissemination of the information held by respondent is an unlawful intrusion
into petitioner's privacy, which intrusion threatens to ultimately violate petitioner's right to life, liberty and
security.
16. The information which remains hidden from petitioner is in the database of respondent located in the
following offices: [state the offices or known location of the information].
PRAYER
WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and issue the
writ of habeas data and rule, as follows:
1. Upon the filing of the petition, ENJOIN respondent from disseminating the information;
2. Upon notice and hearing, ORDER respondent to:
a. Produce the information in its possession regarding petitioner's person, his/her family, home
and correspondence;
b. Correct, suppress or destroy the information in its database, whatever may be applicable as
determined by this Honorable Court; and
c. Rectify the damage caused to petitioner's reputation by making a public apology to petitioner,
which shall be circulated in the manner and to such persons as the petitioner may deem
appropriate.
________ City, Philippines, this _____ day of _______2018
YOODA MAESTER
Address of Counsel
PTR No.
MCLE Compliance No.

Form 23: PETITION FOR WRIT OF KALIKASAN
COURT OF APPEALS
Manila
IN RE: PETITION FOR WRIT OF KALIKASAN

WITH PRAYER FOR THE ISSUANCE OF A
TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
SP No. 112233
[Names of Petitioners], For: Writ of Habeas
Data
Petitioners,
vs.
[Names of Respondents],
Respondents
x————————————————–x
PETITION FOR WRIT OF KALIKASAN
WITH PRAYER FOR THE ISSUANCE OF A TEMPORARY ENVIRONMENTAL PROTECTION
ORDER (TEPO)
Petitioners, through the undersigned counsel, and to this Honorable Court, respectfully state that:
PREFATORY STATEMENT
1. What use will modernization serve if it proves to be a scourge on an individual’s fundamental right,
not just to health and safety, but, ostensibly, to life preservation itself, in all of its desired quality?
NATURE OF THE PETITION

2. This is a petition for the issuance of a Writ of Kalikasan, filed with this Honorable Court pursuant to
Rule 7 of A.M. No. 09-6-8-SC, otherwise known as the Rules of Procedure for Environmental Cases,
concerning as it is the violation of the constitutional rights of the residents of the Cities of Pasay and
Makati to a balanced and healthful ecology.
PARTIES
3. Petitioners are residents and inhabitants of Barangay 183-Villamor, Zone 20, Pasay City and
Magallanes Village, Makati City, all of legal age, Filipinos, with capacity to sue, and residents of the
following addresses: [insert names and addresses here].
Petitioners may be served with the orders, resolutions, notices and processes of this Honorable Court
through their counsel of record, Atty. H. Harry L. Roque, Jr., at Roque and Butuyan Law Offices, 1904
Antel Corporate Centre, 121 Valero Street, Salcedo Village, 1227 Makati City, Philippines.
4. Respondent MANILA ELECTRIC COMPANY (MERALCO) is a domestic corporation created and

organized pursuant to the laws of the Republic of the Philippines with principal office address at
MERALCO Building, Ortigas Avenue, Pasig City, where it may be served with summons and other
processes of this Honorable Court.

Petition for Writ of Kalikasan
5. Respondent BARANGAY CHAIRMAN CESAR S. TOLEDANES is the Barangay Chairman of Bgy.
183, Zone 20, Villamor, Pasay City where he may be served with summons and other processes of the
Honorable Court.
6. Respondent BARANGAY COUNCIL OF BARANGAY 183, ZONE 20, VILLAMOR, PASAYCITY,

composed of: [insert respondents’ names] of legal age, Filipino, are holding office at the Barangay
Hall of Barangay 183 located at Barangay 183, Zone 20, Villamor, Pasay City, where they may be
served with summons and other processes of this Honorable Court.
7. Respondent MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA) is a government agency

created and organized pursuant to the laws of the Republic of the Philippines, vested with the power to
administer and operate the Ninoy Aquino International Airport III (NAIA 3), and with principal office
address at MIAA Administration Building, NAIA Complex Pasay City, where it may be served with
summons and other processes of the Honorable Court.
STATEMENT OF FACTS
8. Barangay 183 Zone 20, Villamor, Pasay City (hereinafter referred to as “Barangay 183”, for brevity)
used to be part of the Villamor Air Base. It was thereafter converted into a private residential land
pursuant to Republic Act No. 7227, otherwise known as “An Act Accelerating the Conversion of Military
Reservations Into Other Productive Uses, Creating the Bases Conversion And Development Authority
For This Purpose, Providing Funds Therefor And For Other Purposes”. As such, the said parcel of land
was subdivided and afterwards sold and awarded to its inhabitants, including herein Petitioners.
9. Magallanes Village (hereinafter referred to as “Magallanes Village”, for brevity) is a residential area
located in Makati City adjacent to Barangay 183.
10. The Petitioners are existing residents and inhabitants of Barangay 183 and Magallanes Village.
Some
of them have likewise established their respective businesses and livelihood therein.
11. On 13 July 2009, without the prior authority from and approval by Respondent Barangay Council of
Barangay 183, Zone 20, Villamor Air Base, Pasay City (hereinafter referred to as “Respondent
Barangay Council”) and without the prior consultation with the constituents of the barangay,
Respondent Barangay Chairman Cesar S. Toledanes (hereinafter referred to as “Respondent
Toledanes”) issued a Barangay Working Permit Clearance “for the installation of 115 KV sub-
transmission lines and poles at the10th and 12th Streets of Barangay 183.”
12. Belatedly, however, on 02 September 2009, Respondent Barangay Council, composed of

Respondents Cesar Toledanes, Ruth Cortez, Ricardo Dimaano, Leonardo Abad, Normita Castillo and
Amante C. Cacho, passed Barangay Resolution No. 40-S-2009, authorizing Respondent Toledanes to
issue a Barangay Permit authorizing respondent MERALCO to install high voltage power lines and
poles at the 10thand 27th Streets of Barangay 183. Similar to the Working Permit Clearance issued,
Barangay Resolution No. 40-S-2009 was issued without a prior consultation with the constituents of the
barangay.
13. Also, despite the close proximity of the installation of the high tension wires and poles to the nearby
Magallanes Village in Makati City, the residents and inhabitants of the same were not notified or
consulted with respect to such plans.
14. Thus, sometime in August 2010, Respondent MERALCO began erecting towering posts along the
10th, 12th and 27th streets of Barangay 183 and lining the perimeter wall between Barangay 183 and
Magallanes Village. The thirty (30) foot-high poles will hold the transmission lines that will supply more
or less one hundred fifteen (115) Kilovolts (KV) of electricity to the Ninoy Aquino International Airport III
(NAIA 3).

15. Petitioners were not informed that Respondent MERALCO was going to erect such posts in
Barangay 183 either by Respondent MERALCO, Respondent MIAA, who administers and operates the
Ninoy Aquino International Airport III (NAIA 3), and Respondents Toledanes, Ruth Cortez, Ricardo
Dimaano, Leonardo Abad, Normita Castillo and Amante C. Cacacho, who are the barangay officials of
Barangay 183. As such, Petitioners were surprised to find out Respondent MERALCO had already
begun erecting the said posts without their knowledge and without public discussion.
16. The high tension transmission lines shall traverse the entire 10th and 12th streets of Bgy. 183, and
shall pass along the concrete wall separating Barangay 183 of Pasay City and Magallanes Village of
Makati City.
17. On 18 October 2010, Petitioner Gemma dela Cruz, on behalf of the other Petitioners, sent a letter
to Respondents Toledanes, Cortez, Dimaano, Abad, Castillo and Cacacho, appealing for the recall of
the Barangay Working Permit and Resolution No. 40-S-2009 earlier issued by them. This, however,
proved futile.
18. The alarming presence of the towering posts being erected in close proximity to–that is, as near as
one (1) meter from–the respective properties of Petitioners-Residents of Bgy. 183 and less than ten
(10) meters from the respective properties of Petitioners-Residents of Magallanes Village, and the
hazardous effects of the high tension wires to their health and safety, bring Petitioners to seek the
intervention of this Honorable Court.
19. Due to the urgency of the situation, as the installation and energizing of the high tension wires will
be completed by December 2010, there is a need to protect the Petitioners from the hazardous and ill
effects of the same.
GROUNDS FOR THE ALLOWANCE OF THE PETITION

–I-
THE INSTALLATION OF THE HIGH TENSION WIRES POSES DANGER TO THE LIVES, HEALTH
AND PROPERTY OF THE RESIDENTS OF BARANGAY 183, PASAY CITY AND MAGALLANES
VILLAGE, MAKATI CITY, INCLUDING HEREIN PETITIONERS;
- II -
THE ENVIRONMENTAL DAMAGE THAT WILL BE CAUSED BY THE INSTALLATION OF SAID HIGH
TENSION WIRES WILL AFFECT THE RESIDENTS OF BARANGAY 183, PASAY CITY
ANDMAGALLANES VILLAGE, MAKATI CITY;
- III -
THE INSTALLATION OF THE SAID HIGH TENSION WIRES VIOLATES PETITIONER’S
CONSTITUTIONAL RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY AS WELL AS
ESTABLISHED ENVIRONMENTAL LAWS, RULES AND REGULATIONS.
- IV -
THE ISSUANCE OF THE BARANGAY WORKING PERMIT CLEARANCE AND RESOLUTION NO.
40-S-2009 WAS TAINTED WITH IRREGULARITIES
-V-
THERE IS ANOTHER SUITABLE AND SAFER ROUTE FOR RESPONDENT MERALCO’S POWER
TRANSMISSION PROJECT
DISCUSSION
[For each ground, there should be a discussion of the facts and
circumstances supported by legal and evidentiary bases]
PRAYER
WHEREFORE, it is respectfully prayed of the Honorable Court that:
1. Immediately upon the filing of this petition, a Temporary Environmental Protection Order (TEPO) and
or a Writ of Kalikasan be issued, ordering Respondents and any person acting on their behalf, to cease
and desist from conducting excavation works, installing poles and transmission lines along the entire

stretch of 10th, 12th and 27th Streets of Barangay 183, Zone 20, Villamor, Pasay City and from
energizing and transmitting high voltage electric current through the said powerlines.
2. After a summary hearing, issue a Resolution, extending the effectivity of the TEPO until the
termination of this case; and
3. After due proceedings, a Decision be rendered–

(a) Making the TEPO and/or Writ of Kalikasan permanent, directing Respondents and any
person acting on their behalf, to cease and desist from conducting excavation works, installing poles
and transmission lines along the entire stretch of 10th, 12th and 27th Streets of Barangay 183, Zone
20, Villamor, Pasay City and from energizing and transmitting high voltage electric current through the
said powerlines;
(b) Nullifying the Barangay Working Permit Clearance dated 13 July 2009 issued by Barangay
183 Respondent Chairman Cesar S. Toledanes in favor of Respondent MERALCO, for being
unconstitutional, illegal and for having been issued with grave abuse of discretion amounting to lack or
excess of jurisdiction or authority;
(c) Nullifying Resolution No. 40, S-2009 date 2 September 2009 issued by the Barangay
Council of Barangay 183, authorizing its Respondent Barangay Chairman Cesar S. Toledanes, to issue
a clearance/permit to Respondent MERALCO to construct/install the high tension transmission lines
that will traverse the entire stretch of 10th and 27th Streets, for being unconstitutional, illegal and for
having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction or
authority; and
(d) Directing the Respondents MIAA and MERALCO to remove or cause the removal of the
installed MERALCO posts and transmission lines along 10th, 12th and 27th Streets of Barangay 183,
Zone 20, Villamor, Pasay City, at the expense of said Respondents.
Petitioners pray for such other reliefs as are just and equitable under the premises.
Makati City for the City of Manila, 11 November 2010.
ROQUE AND BUTUYAN LAW OFFICES

Counsel for Petitioners
Address of Counsel
PTR No.
MCLE Compliance No.

Form 24: PETITION FOR CHANGE OF NAME
Branch 1, Quezon City
IN RE: PETITION FOR CHANGE OF NAME

FROM “SQUIRE MCSQUIRMY” TO
“WORMY MCSQUIRMY”
Spec. Proc. Case No. 8888
For: CHANGE OF NAME
SQUIRE MCSQUIRMY,
Petitioner
X----------------------------------------------------------X
PETITION FOR CHANGE OF NAME
Petitioner, through the undersigned counsel and unto this Honorable Court, most respectfully
avers that:
1. Petitioner is of legal age, single, Filipino, and a resident of No. 34 Tertipor St., Fairview, Quezon
City, Philippines where notices and other court processes may be served;
2. Petitioner seeks the change of his name in his Certificate of Live Birth (Copy of which is hereto
attached as Annex “A”, to make an integral part hereof);
3. Petitioner was born in Quezon City, Philippines on December 15, 1994 to husband and wife
Peter McSquirmy and Ashley David;
4. Petitioner’s Certificate of Live Birth bears Registry No. 22-1994, and duly registered on
December 28, 1994;
5. Petitioner’s name is to be changed from “SQUIRE MCSQUIRMY” to “WORMY MCSQUIRMY”;
6. The ground for filing this petition is to remove confusion as to her scholastic records and other
legal effects and her first name appearing of her Certificate of Live Birth;
7. Petitioner has used the name Wormy McSquirmy since childhood up to the present as evidenced
by his scholastic records and several public documents;
8. Petitioner is submitting the following documents to support this petition:

a. Elementary, Secondary and College Diplomas
b. Social Security System ID
c. Tax Identification
d. Affidavit of two disinterested persons
e. Voter’s ID
f. Driver’s License
g. Non-governmental Organization Membership ID’s
9. Petitioner has no pending administrative, criminal, or civil case in any court of law or quasi-
judicial body; and,
10. Petitioner is filing this petition in accordance with Rule 103 of the Rules of Court.

Petition for Change of Name
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of the Honorable Court that upon
due hearing, an order be issued:
1. Declaring that SQUIRE MCSQUIRMY be changed to WORMY MCSQUIRMY;
2. Ordering the Civil Registry Office of Fairview, Quezon City to make the necessary changes in
their records in the Certificate of Live Birth of SQUIRE MCSQUIRMY.
Such other reliefs as are just and equitable are likewise prayed for.
Quezon City, Philippines, October 15, 2018.
Emilio Aguinaldo
PTR No. 23498

Quezon City ) S.S.
X------------------------------------------X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, SQUIRE MCSQUIRMY, of legal age, Filipino, and a resident of No. 34 Tertipor St., Fairview,
Quezon City, Philippines, after having been sworn to in accordance with law, do hereto depose and say:
1. That I am the petitioner in the above-entitled case;
2. That I have caused the preparation and filing of this petition for change of name;
3. That I have read the material and relevant allegations therein contained and the same are true
and correct based on my personal knowledge and authentic records;
4. That I have not heretofore commenced any action or filed any claim involving the same issues
before any other court, tribunal or quasi-judicial agency; that to the best of my knowledge, there
is no such pending action or claim and that if I should hereafter learn that the same or similar
action or claim has been filed or is pending, I shall report such fact within five (5) days therefrom
to the Honorable Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th day of October 2018,
in Quezon City, Philippines.
SQUIRE MCSQUIRMY
Affiant
SUBSCRIBED AND SWORN to before me in Quezon City, on the 15th day of October 2018 by
SQUIRE MCSQUIRMY, personally known to me, to be the same person who personally signed before
me the foregoing and acknowledged that she executed the same.
Atty. Vicente Enriquez

Notary Public until August 2020
PTR No. 124567

IBP Lifetime Membership No. 298765
Mandaluyong City
Doc No. 28;

Page No. 3;
Book No. 3;
Series of 2018

Form 25: PETITION FOR CORRECTION OF ENTRY
Branch 2, Quezon City
IN RE: PETITION FOR CORRECTION OF

ENTRY OF LEGITIMACY
S.P. No. 8888
For: CORRECTION OF ENTRY
KANGA ROO,
Petitioner
versus
LOCAL CIVIL REGISTRAR’S OFFICE

OF QUEZON CITY,
X----------------------------------------------------------X
PETITION
COMES NOW, the petitioner by the undersigned counsel and unto this Honorable Court
respectfully aver:
1. That the petitioner is of legal age, single and a bona fide resident Kanga's House, Hundred
Acre Wood, Quezon City;
2. That petitioner is the mother of Roo who was born in Hundred Acre Wood on October 5,
2010. The facts and circumstances related to her birth was registered with the Local Civil
Registrar’s Office of San Juan City under Registry No. 999. A copy of which is hereto
attached as Annex “A”;
3. That petitioner is not legally married to the father of Roo, and no longer has contact with
such person.
4. In the Birth Certificate of Roo, item no. 23 was inadvertently entered as legitimated instead
of not legitimated which the latter is her true and correct status.
5. To support the correction of the erroneous entry of legitimated to not legitimated. the
petitioner herein submits a copy of the Certificate of Live Birth, dated ________________
hereto attached as Annex “B”.
6. To avoid further inconsistency, and also to set all the records straight, herein petitioner
requests that the status as appearing in the Birth Certificate of the Roo be corrected from
legitimated to not legitimated.
WHEREFORE, it is respectfully prayed that, after due notice and publication, in accordance with
the Rules of Court and hearing, this Honorable Court directs the Hundred Acre Wood Quezon City Local
Civil Registrar’s Office that the status of Roo be corrected from legitimated to not legitimated.
SIGNED on this _____ day of April, 2018 at Hundred Acre Wood, Quezon City.
MOUNTAIN NEW LAW OFFICE

One Rockwell Center
1200 Makati City
By: JOHN VILLALON

Petition for Correction of Entry
IBP Lifetime No. 92929, 12/23/02, MKT
PTR No. 1234567, 01/05/2014, Makati City
Roll No. 54321
MCLE Compliance No. III-0014000, May 20, 2014

Petition for Correction of Entry
Form 26: PETITION FOR CORRECTION OF ENTRY (CHANGE OF SEX)
Branch 2, San Juan City
IN RE: PETITION FOR CORRECTION

OF ENTRY OF THE ITEM: SEX FROM S.P. No. 1243
MALE TO FEMALE For: CORRECTION OF ENTRY
MANDY DY,
Petitioner
versus

OF SAN JUAN CITY,
PETITION
COMES NOW, the petitioner by the undersigned counsel and unto this Honorable Court
respectfully aver:
1. That the petitioner is of legal age, single and a bona-fide resident of 36 Xavier Street,
Greenhills West Subdivision, San Juan City;
2. The facts and circumstances related to her birth was registered with the Local Civil
Registrar’s Office of San Juan City under Registry No. 893. A copy of which is hereto
attached as Annex “A”;
3. In her Certificate of Live Birth her sex was inadvertently entered as Male instead of
Female, which is her true and correct sex.
4. To support the correction of the erroneous entry of sex from Male to Female, the petitioner
herein submits a copy of the Medical Certificate, dated ________________ hereto
attached as Annex “B” and a copy of Ultra Sound, _________________ stating that
she is a Female which is hereto attached as Annex “C to C-1”’;
5. Hereto attached as Annex "D" is the Certification from Dr. Parungo of the Philippine
General Hospital, to state that petitioner has not undergone any sex change or sex
transplant.
6. To support the petition, the herein petitioner submits documents hereto attached as
Annexes “ _____” to “____”;
requests that the sex as appearing in the Certificate of Live Birth of the petitioner be
corrected from Male to Female.
the Rules of Court and hearing, this Honorable Court directs the San Juan City Local Civil Registrar’s
Office that the gender of the petitioner be corrected from M (Male) to F (Female).
SIGNED on this _____ day of April, 2018 at San Juan City.

One Rockwell Center
1200 Makati City

Petition for Correction of Entry (Change of Sex)
By: JOHN VILLALON
PTR No. 1234567, 01/05/2014, San Juan City
Roll No. 54321

Petition for Correction of Entry (Change of Sex)
Form 27: PETITION FOR CORRECTION OF ENTRY (CHANGE OF NAME)
Branch 2, Taguig City
IN RE: PETITION FOR CHANGE OF

NAME OF TERENCE JOHN ARDOLPH LUA,
And CORRECTION OF ENTRY OF THE DATE OF BIRTH
from March 10, 1990
to March 10, 1995
S.P. No. 1411
For: CHANGE OF NAME AND CORRECTION OF ENTRY
TERENCE JOHN ARDOLPH LUA ANG,
Petitioner
versus

OF TAGUIG CITY,
x----- ------------- ------------x
PETITION
COMES NOW, the petitioner, by the undersigned counsel unto this Honorable Court respectfully
aver:
1. The petitioner is of legal age, single, Filipino and a resident of Unit 1F, Building 2, Tuscany
Private Estate, Upper Mckinley Road, Mckinley Hill, Taguig City;
2. Petitioner was born on March 10, 1995 at St. Luke's Medical Center, Taguig City and
the registration of his birth was duly registered with the Local Civil Registrar’s Office of
Taguig City ;
3. In the Birth Certificate issued by the Local Civil Registrar’s Office of Taguig City, his name
appears as TERENCE JOHN ARDOLPH and the date of birth of the petitioner appears
as March 10, 1990. A copy of the Birth Certificate is hereto attached as Annex “A”;
4. That the true and correct date of birth of petitioner is March 10, 1995;
5. Additionally, he has been using the first name TERENCE JOHN RUDOLPH and that all
his records ever since he was of school age has carried the name TERENCE JOHN
RUDOLPH ;
6. In support the correction of the erroneous entry of the date of birth from date of birth from
March 10, 1990 to March 10, 1995, the herein petitioner submits his Philippine passport
and Certificate of Live Birth hereto attached as Annexes “B” to “C” ;
7. Hereto attached as Annex "D" is the earliest school record of petitioner from Santa's
Kindergarten School;
8. To support the petition, the herein petitioner submits documents hereto attached as
Annexes “ _____” to “____”;
requests that his name TERENCE JOHN ARDOLPH LUA ANG be changed to
TERENCE JOHN RUDOLPH LUA ANG and that the date of birth as appearing in the
Certificate of Live Birth of the petitioner be corrected from March 10, 1990 to March
10, 1995.

Petition for Correction of Entry (Change of Name)
the Rules of Court and hearing, this Honorable Court directs the San Juan City Local Civil Registrar’s
Office that the name TERENCE JOHN ARDOLPH LUA ANG be changed to TERENCE JOHN
RUDOLPH LUA ANG and that the date of birth as appearing in the Certificate of Live Birth of the
petitioner be corrected from March 10, 1990 to March 10, 1995.
SIGNED on this 30th day of August __, 2018 at Taguig City.

One Rockwell Center
1200 Makati City
By: JOHN VILLALON

PTR No. 1234567, 01/05/2014, Taguig City
Roll No. 54321

Petition for Correction of Entry (Change of Name)
Form 28: APPEAL IN SPECIAL PROCEEDINGS
Branch __
Quezon City
___________________
Plaintiff,
Civil Case No. ______
-versus- For: __________
___________________
Defendant,
x-------------------------------------------------------------------------x
RECORD ON APPEAL
BE IT REMEMBERED, that on the dates herein respectively mentioned, the following

proceedings were had in the Regional Trial Court of Quezon City.
1. That That on ______, the plaintiff-appellee filed a complaint against the defendant-appellant, in
the following tenor:
[Copy Complaint]
2. That on ______, the defendant-appellant filed his Answer to said complaint, as follows:
[Copy Answer]
3. That after due hearing, the court, on ______ rendered the following decision:
[Copy Decision]
4. That on ______, defendant-appellant filed a motion for reconsideration of the following tenor:
[Copy Motion for Reconsideration]
5. That on ______, the court issued an order denying said motion for reconsideration, to wit:
6. That on ______, defendant-appellant received notice of said order denying his motion for
reconsideration, and on ______ filed his Notice of Appeal to the Court of Appeals as follows:
[Copy Notice of Appeal]
WHEREFORE, the defendant-appellant prays the approval of this Record on Appeal and
that the same be transmitted to the Court of Appeals, together with all the oral and documentary
evidence given and presented at the trial of the above-entitled case.
Quezon City, Date.

Counsel for defendant
Address
Roll of Attorney No.:
IBP No.:
PTR No.:
Copy furnished:
_____________________
(Counsel for the plaintiff)

Appeal in Special Proceedings

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LEGAL FORMS:

Page 2 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

What are special proceedings?

NOTE: If they cannot agree to the manner of

Page 3 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

But no defect in the petition shall render

Petition for Letters of Administration in Cases

LETTERS OF ADMINISTRATION is an authority

WHEN LETTERS ARE GRANTED:

Page 4 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

3. The probable value and character of the

GROUNDS FOR OPPOSITION

Page 5 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 6 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

1. If the value of property or the annual income Grounds for Petition

Page 7 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Order of Preference Opposition to petition

1. In default of parents; 1. Any interested person may file a written

Verification and Certification

1. Petition must be verified and must

Page 8 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 9 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 10 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 11 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Annexes. - The petition for adoption shall contain

Duty of the Court. – The court, after finding that

Page 12 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 13 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 14 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Content and form of petition:

Page 15 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 16 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Page 17 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

(d) All relevant and material evidence

(e) The certification of petitioner under

Page 18 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Return contents. - Within a non-extendible Where to file?

The return shall include affidavits of witnesses, Contents of Petition

Page 19 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Within seventy-two (72) hours after service of the

a. The lawful defenses to show that the

• To verify the identity of the aggrieved party;

Page 20 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Scope RTC of the province where the petitioner has

When change of name should not be allowed?

Page 21 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

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Page 23 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

Annexes to the petition (important) Important to note

Page 24 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

a. Allows or disallows a will;

Orders that are not Appealable

Case Where Notice of Appeal is sufficient

Page 25 of 75 LEGAL FORMS: SPECIAL PROCEEDINGS

EXTRAJUDICIAL SETTLEMENT OF ESTATE

KNOW ALL MEN BY THESE PRESENTS:

THE HEIRS OF ___________

SIGNED IN THE PRESENCE OF:

Page 26 of 75 Legal Forms: Special Proceedings

Name. Identification Card. Issued On/At

______________________ ______________________ ___________________

______________________ ______________________ ___________________

______________________ ______________________ ___________________

__ _

__ _

__ _

__ _

__ [ HEIR/VENDOR] _ __ [ HEIR/VENDOR]

[ HEIR/VENDOR] _