Transcript for:
Last Minute Tips for Bar Candidates

okay uh good day everyone uh my lecture is on special proceeding last minute tips praying that it will assist all our bar candidates and bar takers okay let's go to subject matter and applicability of general rules on special proceedings uh remember the definition of special proceeding it is not a special civil action it is not an ordinary action it is a special proceeding so it is an application to establish the SRP what's SRP the status R is for the right of a party P is for a particular fact no or any remedy other than an ordinary suit in a court of just use no it only seeks establish the status the right of a party or a particular fact or any other remedy other than ordinary suit in a court of justice so how do you distinguish a civil action from special proceedings as I've said it's our SRP no longer special proceedings but a civil action is one by which a party sues another for enforcement or protection of a ripe or prevention or redress of around secondly uh a special proceeding is generally commenced by application by usually by way of petition as they provided or a special form of bleeding as may be provided for by the particular rule or law you know that uh insofar as uh ordinary action it is convinced by way of a complaint third uh you know that in an ordinary action you need to have a state to state a a cause of action you know plaintiff has an existing right and it was violated by the defendant and consequently uh uh the plaintiff suffered injury uh here in special proceedings it does not pay for any affirmative relief for injury arising from A party's wrongful act or a mission why because it's only six established again SRP status right or a particular fact okay having stated the differences between these two the question is are the rules in civil actions applicable in special proceedings despite their differences rule 72 section 2 is explicit in saying that in the absence of special Provisions the rules provided for inordinary actions shall be as far as practicable applicable and special proceedings amendments are rules of procedure now is applicable also in special proceedings for as long as it does not conflict with any provision of special proceedings then it is applicable as stated in Shaker and Shaker uh sabidito is that the provisions of the rules of Court acquiring certificate of non-form shopping for complaints initiatorial feelings written explanation payment of Target fees will not in any way of strong probate proceeding so all of these things under the provisions of an ordinary action in the rules of Court no are applicable to special proceedings such as in this case settlement of the estate of disease person as I mentioned uh before patima modes of Discovery including the revision in the civil procedure they're applicable to special proceedings for as long as walang conflict with any provision no of their in settlement of their state of disease person which court has jurisdiction over probate proceedings jurisdictions appropriate proceedings now we know that there is an amendment uh to it but uh pursuant to ra 7691 the question as to which court shall exercise jurisdiction over profit proceedings depends upon the gross value of of the estate left by the deceited depends on the gross gross value of the estate of the decedent in Metro Manila this was before no okay but with the uh enactment of RA 1157 6 and acts expanding the jurisdiction of the MTC no we have now this rule what determine what the term means the jurisdiction of the RTC in forward proceedings section one amended section 19 of bp129 it provides that number four a jurisdiction of the Artisan in all matters of probate both tested in the interstate where the gross value of the air State exceeds 2 million pesos so that's the RTC you know exceeding 2 million pesos jurisdiction of the MTC so as I've said is the MTC so exclusive original jurisdiction over civil actions and profit proceedings tested Interstate including the grant of provisional remedies and proper cases where the value of the property of the estate does not exceed 2 million pesos does not exceed 2 million pesos MTC what about venue in the settlement of estate proceedings the residents depending on the gross value of uh left by the decided don't say jurisdiction no 2 million is a point to consider no exceeding 2 million RTC below that 2 million and less MPC now in so far Spain is concerned the residents of the decedent at the time of his death uh what determines value of the proceedings the residents of the decedent at the time of his death question is that an absolute rule there's one exception exception is it is only where the decision was an efficient non-resident of the Philippines at that time of his death no that venue lies in any province in which she had an estate non-resident of the Philippines at the time of death then venue lies in any province in which she had estate other than that we follow the general rule no it's the residence of the decedent at that time of his death what is the nature of the proceedings of the settlement of the estate the settlement of a decedent's estate is within it as a proceeding in Ram so since it's a proceeding in rent it is binding against the whole world so all persons having interest in the subject matter involved whether they were notified or not are equally bound that's the general rule is determined by the residents of the resident at the time of birth at the time of his death when you talk about residents Does it include domicile no because as does the fine residence in the context of venue Provisions according to this case no it means nothing more than a person's actual residence or place of Abode provided he resides therein with continuity and consistency summary settlement of the estate of course when a person dies the rule is it should be judicially administered it should be judicially administered the exception is the execution of an extrajudicial settlement no or number two if it's just of execute an Affidavit of being a soul here now let's talk about extrajudicial settlement when does it apply no not in all cases an extrajudicial settlement number one if uh there is no will no walang anyone Will Young uh uh no deaths third is that uh The Heirs are properly represented even if there are minors then they're still properly represented and it should be executed in a public instrument no and registered in the registry of deeds no settlement Among The Heirs but one of there is left out no he had no knowledge or had not participated in the execution thereof no is the rule of constructive notice of publication binding upon him so means there's notice now bindingness constructive notice of publication insofar as extrajudicial settlement is concerns particularly for persons who had that knowledge had no knowledge or had not participated in the execution thereof the law is very uh explicit no section one of rule 74. says that publication in this case does not constitute constructive notice no persons who do not participate or who had no notice of an extrajudicial settlement will not be bound thereby exam the publication of the settlement does not constitute constructive notice to The Heirs who had no knowledge or did not take part in it because the same was noticed after the fact of execution notice after the of execution and the executions so in the the constructive notice will not be applicable here in uh I just included rule 75 just to have a view of what is again to review of what probate is is allowance of a will necessary uh 75 rule 75 section one provides a novel shall either pass Shall Pass either real or personal estate unless it is probated or proved and allowed in the proper Court is mandatory according to the the rules that we've just stated a while ago yes it is no there's a will this will have a fortunate effect even if not probated no until admitted to profit a will has no effect and nobody can claim and right they're under so to give force and effect to the will then it should be probated foreign was executed in accordance with the strict formalities of the law second is that the testator is of sound and disposing mind at the time that he executed the will third is that uh there was no duress or M4 undo influence uh exerted against him lastly is that the genuine of the uh genuineness of the signature of the testator so if the if if a wheel has been probated you cannot uh nobody can file a case to say that's the signature of the testator is fake or that the testator is not of sound on disposing mind because again when it is probated is it is conclusive as to its due execution conclusives extrinsic validity of the will but not intrinsic so the question is can a probate court also pass upon the intrinsic validity of the will uh rule is that no because in a special proceeding for the profit of a will the issue and by and large is restricted as I mentioned to only extrinsic validity of the will whether that the stator being of sound mind freely executed the will in accordance with the formalities prescribed by law so as a rule if there's a question of ownership it's not an extrinsic uh it does not refer to extensive validity people will it's it's intrinsic already so also will the question of ownership is an extraneous matter which the prophet Court cannot resolve with finality that's a general rule no is a probate court uh unless the the exception here is that all parties know have given their consent now so that the profit could make pass upon the same is a probate court a court of limited jurisdiction yes it is a court of limited jurisdiction as such it can only determine and Rule upon issue that relate to settlement of the estate of this person then and what is left the residue is the distribution thereof allowance or disallowance of away petition any executor Davis any other interested uh person may file the same oh yeah there's a question a person interested in the estate so according to this case no it defines who is an intercept party you know is one who will be benefited in the estate such as an heir or one who has a claim against the estate such as a creditor so a creditor May file also for the same right question is probate of Avail subject to prescription no the probate for of the will is not subject to statute of limitations and does not prescribe why because it can be filed anytime because it is required by public policy it's a matter of public policy so it is not subject to any prescription question what is the nature of probate proceedings as I've said it is a proceeding in Ram no okay what about loss or destroyed will bang my probation or uh if if a will has been lost or destroyed yes no in order that a loss or destroyed will may be allowed the fouling must be in a subsequent proceeding complied with so if you're the lawyer for a a particular person for profit of the will and the will have been lost or destroyed still it can be probated for as long you can establish the street excuse me number one execution and validity of the will must be established execution and validity of the will must be established second you have to prove that the will must have been in existence at the time of the death of the stator now axis Young Will at that time of his death or shown to have been fraudulently or accidentally destroyed when during the lifetime of this state that the stator but without his knowledge or fault and third note the provisions are clearly and distinctly proved by at least two credible Witnesses no two at least two credible Witnesses so this sums up those uh requirements to prove the loss or destroyed uh will claims against estate what is the so-called statute of non-claims it is a period the period fixed by section 2 of rule 86 for the filing of of the claims against the estate under this rule mandates certain creditors of a deceased person to present their claims for examination and allowance within a specified period the purpose thereof being to settle the estate with this patch so that the residue what remains may be delivered to the person's Untitled there too without their being afterwards called upon to respond in action for claims which under ordinary statute of limitations have not yet prescribed oh is the period within which the claim must be filed no the probate court is permitted by the rule to set the field as long as it is within the limitation provided what is the limitation provided it should not be less than six months no more than 12 months reckon from when from the day of the first publication of the notice thereof no not less that it should be not less than six months no more than uh one year or 12 months reckon from when the day of the first publication of the notice thereof from the day of the first publication of the notice thereof and such Spirit already when fixed by the public court now becomes mandatory remember this what is the rationale in fixing the period to claim against the estate the purpose of the law is to ensure a speedy settlement of the Affairs of the deceased person and the early delivery of the property to the person entitled to the same question is an extension of the given period allowed yes it is clear from section 2. rule 86 that the period prescribed in the notice to the Predators is not actually exclusive the money claim against the estate may be allowed at any any time before an order of distributions is entered at the discretion of the Court and also for cause and upon such terms as are deemed equitable what is the significance of publication of notice to creditors the publication of the notice to creditors is constructed notice to all no has a creditor cannot be permitted to file his claim beyond the period fixed in said notice on the background that he had no knowledge of the administration proceedings so again publication of the notice to creditors constitute as constructive notice foreign distinct alternative remedies available to mortgage creditor upon the death of the mortgageur three distinct alternative remedies available to a mortgage creditor upon the debt of the mortgager what are these the alternative remedies provided under this rule are the following number one to waive the security mortgage and claim the entire debt from the estate as an ordinary claim a way burning security mortgage estate no you claim the entire debt from the estate as an ordinary claim what is the consequence for number one security mortgage by filing money claim against the estate he is now deemed to have abandoned the mortgage and thereafter he cannot file a foreclosure suit if he fails to recover his money claimed against the estate foreclosure security mortgage second huh uh mortgage for close to mortgage judicially and if there are deficiencies then prove any deficiency as an ordinary claim uh the first closure suit it should be against the executor or administrator as party defendant now in the event that a creditor fails to fully recover his claim okay and he may claim and obtain the deficiency judgment and file it as a claim against the estate he can claim it in the in the estate third to rely solely upon the mortgage and foreclose the same at any time it is before it is barred by prescription now without right to claim for any deficiency number three is to rely solely upon the mortgage and for close the same at any time before it is barred by the prescription by prescription without right to claim for any deficiency this mode includes extra judicial foreclosure of sale and it's exercise precludes one from recovery any balance of indebtedness against the estate and face the estate from further liability okay now we know this general rule probate court has no jurisdiction to entertain a claim in favor of this State against a third person the estate against a third person said that should be the subject of an ordinary action will there be an exception to this rule this is a third party no the exception of to this role is provided under under Section 10 of rule 86. it authorizes the executor or administrator to interpose any counter claim in offset of a claim against the state no such counter claim is regarded as a compulsory counter claim as the failure to file the same shall buy the claim forever so pretty against third person if it is in the form of a compulsory counter claim payment rule 88 attainment of the debts of the estate in special proceedings question does the private Court have the power to issue a writ of execution to pay claims as a general rule no a probate court cannot issue a writ of execution no I said in this case a rate of execution is not the proper procedure Allowed by the rules of court for the payment of debts and expenses of administration what is the proper procedure and proper procedure is for the court to order the sale of personal estate no uh no you ask the court to order the sale of the personal estate or the sale or mortgage of real property of the disease and all debts and expenses of the administration should be paid out of the proceeds of it on sale or mortgage no the order for the sale or mortgage should be issued upon motion on Final motion administrator no and without written notice to all the airs notices negatives devices according to section 3 of this Rule and section 2 of this of rule 89. and when the mortgage or sale is to be made the regulations contain inside might make pictures in section 7 of rule 89 should be complied with we will discuss that other exceptions uh yes uh in three instances the Probate Court May issue rates of execution uh memorize history number one to satisfy the distributive shares satisfy the distributive shares of the devices legacies and heirs in possession of the dissidence assets number two no I can also read the issue rate of execution to enforce payment of the expenses of partition lastly the Probate Court can issue also rates of execution to satisfy the cost when a person is cited for examination in public proceedings question may the court authorize any persons to dispose of the properties of the estate can the court authorize any person to dispose of the properties of the estate it is only the executor or administrator of the estate whom the court May authorize to dispose of the properties of the estate so that the proceeds of the sale or mortgage may be applied to any obligations that the estate has so the rule is that the executor or administrator love is an air or distributee liable for outstanding claims against the estate or distributive for outstanding claims against the estate according to this uh jury students no airs are not required to respond with their own property for the deaths of their disease ancestors but even after the partition of the estate The Heirs and distributes are liable individually for the payment of all lawful claims against the estate no but in proportion to the amount or value of the property they have respectively received from the estate independent property received no from the estate the hereditary property consists only of that part which remains after the settlement of all the lawful claims against the estate for the settlement of the entire estate is first liable theirs cannot buy any Act of their own or by agreement among themselves reduce the Creditor security for the payment of their claims Casino when we talk about settlement of the estate properties after that no you manage that you administer then you put you pay all the debts the obligations to the creditors Etc and what remains is the distribution already to The Heirs to deprive or reduce the Creditor security for the payment of their claims no what may the court do if a contingent file is claimed who may contagion files claim and the court May order that sufficient estate be retained to pay the contingent claim Federal order unfortunate portion of estate irritating okay what is the consequence if such a contingent claim becomes absolute and is presented within two years from the time limited for other creditors to present their claims the contingent may be allowed by the court if not disputed by the executor or administrator and but if disputed it may be proved and allowed or disallowed by the court bahala say uh court or suggests rule 89 so we have to discuss this uh sales mortgages and other encumbrances these are very important notices no are they notices under sections 2 4 and 7 of rule 89 a mandatory mandatory requirement to affect the authority of the sale or increments of real property yes failure to give notice to The Heirs devices or legatives would invalidate The Authority granted by the court detail without compliance with this section sections 2 4 and 7 of rule 89 of the rules of court the authority to sell the sale itself and the order approving it would be null and void of initial no so sections two four and seven of rule 89 depending some stuff sections two four and seven under rule 89. where notices are demandatory no the requirement of written notices under rule 18m of the rules of Court are mandatory and failure to give notice of The Heirs would invalidate The Authority granted by the interstate or probate court to mortgage or sell estate assets section two you know um when my court May authorize sale mortgage or or other encumbrance of Realty to pay debts and Legacies through person personality not exhausted healing written notice to The Heirs devices and negatives residing in the Philippines when the personal estate of the disease is not sufficient to pay the debts expenses and administration legacies over the sale of such personal estate May injure the business or other interests of those interested in their state and where when we're attestators not otherwise made sufficient provision for the payment of such debts expenses and Legacies the court on the application of either the Exeter or administrator and written notices to The Heirs devices and negatives May authorize the same no section four you know when Court May authorize state of estate as beneficial to interested persons when it appears that the sale of the whole or a part of the real or personal uh estate will be beneficial to all the heirs devices legacies and other interested persons the court again application administrator notices legacies and or those interested in the estate huh so fixed on court long time and place foreign reasons for the same and time and place okay to be given to these persons no yeah so sections uh two four and seven must be complied with authorizing the sale or incumbrance of real property was issued by the tested on inter Interstate Court but without previous notice to The Heirs devices and Legacies it is not only the contract itself which is order of the Court authorizing the same it emphasized by saying that without compliance with sections 2 4 and 7 of rule 89 the authority to sell the sale itself and the order approving it would be null and void of initial void authority to sell the sale itself and the order approving it will be null and void at an issue remember this this may be us clearly the requirements of Road 89 are mandatory and failure to give notice that The Heirs would invalidate The Authority granted by the interstate probate court to mortgage or sell estate test assets rule 90 this is uh the last in the settlement of the aspect of disease person the last rule when my when must the order for distribution of residue be made huh what remains no when the debts utang funeral charges expenses of administration allowance a widow inheritance tax no if any charitable say state by anano at pagme sobra no the court shall assigned the residue of the estate to persons entitled to the same naming them and the proportions or parts to which is entitled it also provides that no distribution shall be allowed until the payment of the obligations above pension has been made independing a distributes by the court condition for the payment of said obligations within such time as the court directs what is liquidation it means the determination of all the assets of the estate and payment of all that's an expense liquidation what about if there is an advancement there was an advancement made by the decided already who made the court here and determine questions as to the advancement no made by the decedent yes questions to uh advancement main or alleged have been made my deceased to any air you know uh young Mana no it can be heard and determined by the court having jurisdiction of the estate no in the final order of the Court thereon shall be binding on the person raising the questions and on the air so in this case the issue is whether or not the properties and questions subject of a deed of the nation Nissan uh did of the nation during interview was executed by The Descent during his lifetime should be excluded down from inventory of the estate of disease so that's the issue it's very stressing that the question is one of collation or advancement by the dissident on air over which the question of title and ownership can be passed upon by a probate court so in this case of ownership over the disputed lot rest upon the deed of the nation executed by his father who is the dissident and his mother article 1061 of the civil code is applicable in this case that every compulsory Heir who succeeds with each other compulsive heirs must bring Muna equal it into the mass of the estate any property all right which you may receive from the decedent during the lifetime of the latter by way of the nation or any gratuitous title in order that it may be computed in the determination of the legitim of each heir in the account of partition so equally in relation to which also section 2 of rule 90 is applicable that questions us to advancement made are letting me that the express provision of the law this disputed blood which was alleged have been donated by the decedent and his wife to their son responded Vicente should not be excluded from the inventory of the properties of the decided meaning to say is as estate question sir what is the effect of final victory of distribution a final degree of distribution of the estate of a deceased person best the title to the land of the estate in the distributes no so where the court has validly issued a decree of distribution and the same has become final the validity or invalidity of the project of partition becomes irrelevant so the question when does a probate court lose jurisdiction of an estate under Administration okay the Probate Court lose jurisdiction of an estate under Administration only after again payment of the debts and the remaining estate delivered to The Heirs entitled to receive the same and the final approval the finality of the approval of the project of Partition by itself alone does not terminate the proceeding approval of the project of partitioning uh final it will still not terminate the proceeding no public course still has jurisdiction for as long court for as long as the order of the distribution of their state has not been complied with the profit proceedings cannot be deemed close and terminated so as long there should be the order of distribution of the estate which must be complied okay let's go to a different topic in special proceedings which is Rule 91 as chip this is included now you know this already what is the concept of SG it is a proceeding whereby the real and personal property of a deceased person would now become the property of the state when kelan upon his death without leaving a will or legal heirs so well it will now become the property of this the state of one is that so it is not an ordinal reaction but a special proceeding commence by way of petition and not by a complaint venue in uh so far as as cheat is concerned a repetition to declare as as cheated a parcel of land owned by a resident of the Philippines who died in the state without heirs or persons entitled to the property is to be filed were at the place where the deceased person last recited at the place where the deceased person lasts recited so it's it's it's similar to that of the settlement of the estate of deceased person should we find at the pace where the sixth person last decided is there an exception uh uh later on we will discuss that even if the decision died tested a question acid is proper when there is no will left by the deceited could there be an instance where an estate proceeding is proper even if the decision died with with a will yeah there's a case so even if he died with a will or tested but unfortunately the will was not probator or is not allowed to prohibit what is the consequence you know this it is as if he died in the state so if that being the case if he has no known heirs and there are no persons entitled to his property the same can be as cheated yeah on venue a petition to declare Associated a parcel of land by resident of the Philippines who died in this state without such and such so the place where the last the sixth person last recited uh what is the consequence if the claim of the estate property is with after the lapse of the five year period uh there's a five-year period reckon from the I know uh entry of the Judgment no uh for of SG SG judgment no so entry of the uh judge SJ judgment file still no uh I claim they're on within five years reckon some such date so the right to claim the property is lost and uh the estate judgment can no longer be nullified if it is beyond the laughs of the five-year period reckon from when the entry of the estate judgment no Court pass no no discover language of the Nations beyond the five years with the loves of the five-year period therefore private respondent has irritably lost her right to claim and the supposed discovery of the Deeds of the nation is not enough justification to nullify the acid judgment which has long attained finality no so suppose the property was declared as cheated on July 1st 1999 this was in 2002 bars so the date is 1990 so 12 years on the gloves no the action is not viable anymore okay because uh loves nah and it is beyond the five years period no in this case the property which has been cheated in favor of the government since July 1st 1990 no uh the claim is beyond the time limitation Allowed by law that was us in 2002 so 12 years at lapse since the astute judgment uh guardianship as provided under the rules of court lose 92 to 97 of the rules of Court limits its application only to guardianship of incompetence guardianship of incompetence under rules 92-97 guardianship over miners governed by administrative circular number zero three-02-05 okay and this admin circular is known as the rule on guardianship of miners the rule on guardianship of miners uh yeah which core court has jurisdiction over guardianship proceedings guardianship over incompetence or in guardianship over miners guardianship proceedings involving competence so are not minors the RTC where he resides has jurisdiction pursuant to the provision of bp129 no and uh in guardianship of minors were the minor sites so in other words venue is the place of residence and either way congratulship over miners minor person no it's this is always the exception no it's always exception minor or incompetent resides outside the Philippines no the petition may be filed in the RTC of the place where the property of such minor incompetent may be situated that goes well also with the estate proceedings if the if the person is a resident of the outside the Philippines they need to be filed uh or the property is located venue uh the garden what is Garden shape no let's define what guardianship is all about it is a translation of the most sacred character in which one person called a guardian asks for another called the word whom the law regards us incapable of managing his own affairs so a guardianship is designed to further the world's well-being not that of the Guardian it is intended to preserve the world's property as well as to render any assistance that the word may personally require so the basis of guardianship is parents Padre the duty of the state protecting the rights of persons or individuals also because of age or incapacity or in an unfavorable position vis-a-vis other parties Define a guardian is he is a person in whom the law has entrusted the custody and control of the person or estate or both of an infant insane or other person incapable of managing his own affairs so do we have the uh General Guardian limited Guardian limited Lang over the property General guardian of the person of the world or over its property legal guardian appearance they are persons without need of judicial appointment designated as such by the provision of the law no like in the case of parents over the persons of their minor children who is a god guardian ad litem any incompetent person appointed by the court what to prosecute or defend a minor insane or person declared to be incompetent in an action in court that is a guard guardian ad litem which court has jurisdiction it is uh those incompetence it is the RTC no where the minor resides in guardianship minors it is the family court where the minor resides specially designated as such we've discussed this already so there was a question in the bar exam as to venue yeah repetition for the appointment of an administrator over the land and building left by an American citizen residing in California who had been declared incompetent by an American Court uh give the proper venue a petition for the appointment of an administrator over the land and building left by an American citizen residing in California who had been declared incompetent by an American court is the RTC of the place where his property or partner of is situated because he is a non-resident of the Philippines 93 appointment of Guardians much uh in in appointing a guardian these are the factors that the court should consider uh so factors the physical conditions some judgment uh Prudence trustworthiness this moral character and conduct and the present and past history of this perspective and pointy as well as the probability of his being able to exercise the powers and duties of guardian for the full period during which guardianship is necessary now once you're appointed as a guardian what are your general powers and duties no no one have the care and custody of the person of the world yeah or or or both or just the management of his estate only you pay the debts of the words no if you settle accounts collect debts appear in actions for the word of course you have to manage the estate frugally you know and apply the proceeds to the maintenance of the world now once you are appointed no you need to render verified inventory within three months inventory within three months record from the day of appointment and then after that yearly or annually thereafter and lastly must present his account to the court for settlement and allowance remember these Powers you know and duties ah in appointing a guardian just like in adoption cases no it cost to the cases the court is always governed by this principle which is the best interest of the child the principle of the best interest of the child pervades Philippine cases involving adoption guardianship as we're discussing support personal status Miners and conflict with the law and child custody the court said that in in these cases it has long been recognized that in choosing the parent to whom custody is given the court should consider this the welfare of the miners should always be the Paramount consideration the welfare of the miners should always be the Paramount consideration courts are mandated to take into account all relevant circumstances that would have a bearing on the children's well-being and development also aside from the material resources and the moral and social situation of each parent other factors may also be considered to a certain which one has the capability to attend to the physical educational social and even moral welfare of the children so among these factors are the previous care and devotion shown by each of the parents their religious background moral uprightness home development and time availability as well as the children's emotional and educational needs aside from the best interests of the child the principle we also have this tender age presumption blender Edge presumption there is an Express statutory recognition that as a general rule a mother is to be preferred in awarding costly of children no uh the caveat in article two one three of the family code cannot be ignored except when the court finds cost to order otherwise the so-called tender age presumption under two and three of the family code may be overcome only by compelling evidence of the mother uh mothers and fitness so if you are the council for the father no and uh you've got to overcome that a tender age presumption how do you do it by show every compelling evidence of the mothers and Fitness so the mothers when declared a suitable to have gossip over children for neglect abandonment unemployment immorality habitual drunkenness drug addiction maltreatment of the children Insanity reflection with a communicable disease but the court said that in this case that sexual preference or moral laxity alone does not prove parental neglect or incompetence or not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her and fit too have caused the offer minor child to deprive the wife of custody the husband must clearly establish that her moral love says have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care let's go to the rule on guardianship of minors there's an order of preference in appointing uh the same the order of preference shall be as follows surviving grandparents and in case several grandparents survived the court shall select any of them for taking into account all relevant considerations next in line in the order preference is the oldest brother sister of the minor not everyone kailangan over 21 years of age and unless unfit or disqualified even if they're of age third in order of preference the actual custodian of the minor for as long as again over 21. but even with uh over 21 pair unfit or disqualified they cannot or lastly is any other person who in The Sound discretion of the port would serve the best interest of the minor again the best interest principle is applied in the order preference okay let's go to harvest Corpus no obvious Corpus cases where hibiscus Corpus is extended under section one the deed of famous her push shall extend to all cases of illegal confinement or retention by which any person is deprived of his Liberty that's one no do not interchange the application of Frito vamparo no or heaviest data from that is purpose no you would know that there's no enforced disappearance no and you make me you you know where the whereabouts of that person but he was illegally confined or detained so number one in case of deprivation of Liberty in all cases of illegal confinement or detention by which any person is deprived of is Liberty that's only number one is the rightful custody of any person rightful custody of any person is withheld from the person entitled to oh minors no that's also an issue um husband [Music] foreign to live with her in the conjugal this the question is uh will this be granted or not no it's not I'm sorry no uh marital writes at the court including curvature and living in conjugal dwelling may not be enforced by the extraordinary little fabulous purpose no I read of febius Corpus is applicable again to Illegal Consignment or rightful cost date but the court said that no court is empowered as a Judicial authority to compel a husband to live with his wife curvature cannot be enforced by compulsion of a rate of fabulous Supreme Court I'm sorry because this is a matter Beyond judicial Authority and is best Left To The Man and woman's free choice so this is elisoria versus wildner no court went on to continue that to justify the grant of the petition Restraint of Liberty must be an illegal and involuntary deprivation of freedom of action in this illegal restraint must not be moral or nominal but it must be an actual and effective illegal Restraint of Liberty right okay Eggo IL the file C and on C Wi-Fi okay independent just to uh return to the conjugal dwelling perhaps I can visit you oh what if the husband say for example refuses to see his wife foreign famous okay in case the husband refuses to say five for private Reasons I'm sorry Wifey he is at Liberty to do so without threat of any penalty attached to the exercise so if it's right what right is that to refuse to see his wife for any reasons when the court the lower court the ca ordered the grant of visitation it also emphasized that the same shall be enforced under the penalty of contempt No it's a lower court you have to see your wife otherwise you'll be under the penalty of contempt in case you refuse to comply but the Supreme Court said such assertion of real naked Power is unnecessary why Court explained in the case at bar the court of appeals missed the fact that the case did not involve the right of a parent to visit a minor child involving the parent visiting a minor child but the wifey to visit her husband I'm sorry in case Desmond Ephesus to say his wife for private persons he is at Liberty to do so without threat of any penalty attached to the exercise of his right are there in any instances where a rate of Fabius Corpus may be issued even if the detention is by virtue of a judgment because the rule is no uh if a person is convicted and he is detained because there is a final Judgment of conviction so the defibration of Liberty is not unlawful it's lawful so this will not lie right but there are cases where hibiscus no uh may still be available despite the fact that there is a final judgment no of conviction in this case the rate may be allowed as we call it as post-conviction remedy pause remember that post-conviction remedy when the proceedings leading to the conviction were attended by any of the following vertical as exceptional circumstances as a post-conviction remedy for as long this exceptional circumstances are present number one there was deprivation of a constitutional right resulting in the Restraint of a person had no jurisdiction to impose the sentence or number three the imposed penalty was excessive thus you void the sentence as to such excess penalty was excessive avoid my own success foreign of Liberty then the termination of the rightful custody of a person may be resorted to in cases where rightful cosplay is withheld from a person entitled their two under article 2-1-1 of the Family Code do you need to file a motion for execution to affect hibiscus decision no there is no need to file a motion for execution for hibiscus decision why since the life the right to life liberty and security of a person is at stake the proceeding should not be delayed and execution of any decision neuron must be expedited as soon as possible since any form of delay May jeopardize the very rights districts seek to immediately protect now we have this admin number zero three-04-04. the rule on custody of minors and rate of fiber scorpus in relation to Cosby of minors so my latest case John what are the requisites for the grant of the rate of fibers Corpus involving custody of minors these are the requisites no uh number one if you're the council oh of a party claiming that the rightful custody over a minor is withdelt from him what must you do assuming you're the client uh for uh for the father huh uh you're the lawyer for the client father number one you have to prove as a lawyer the petitioner has the right of course to be over the minor child no second the rightful cause a day over the minor is being revealed by the respondents a mother number three it serves the best interest of the buyer child to be in the custody of the petitioner rather than with respondent again applying this best interest of the minor in Harvest Corpus involving minors no so it's it's it's actually the court is mandated to determine uh the best interest of the minor in awarding custody over which party is it the father or is it the mother inhabit this is the latest case no inhabis Corpus involving cause of a of minors must the question of illegal and involent involuntary Restraint of Liberty be the underlying rationality for availability of the RIT as a remedy so um case is not simple but peculiar only Harvest Corpus involving cost of day of minors is that of illegal and voluntary restraint no which is the we should which that should would that be the underlying rationale for the availability of the read as a remedy no said the court no no no it's not the question of illegal and involuntary Restraint of Liberty is not the underlying rationale for the availability of the rate as a remedy yes is prosecuted for the purposes for the purpose of determining again the right of cost of D over a child the court went on to explain this is a 20-20 decision these cases are decided not on the legal right of the petitioner to be relieved from a lawful imprisonment or detention as in the case of other adults but on the Court's view of the best interest of those whose welfare requires that they be in the custody of one person or another hence the court is not bound to deliver a child into the custody of any claimant or of any person but should in the consideration of the fact leave it in such custody as its welfare the time appears to be required in short again in short a cost in relation to cost of the outliners the child's welfare is the Supreme consideration foreign Liberty or security and independent remedy Beyond those available under the prevailing rules or as a remedy supplemental to these rules so question to what cases are the lead to from Paro applicable the remedy of comparable in its present formulation is confired merely to instances of extra legal killings or enforced disappearances and to threads there odd no extra legal killings and force disappearances and the threats thereof so do not again interchange no you can choose no no no because as you know it's only applicable to cases illegal uh dependation of Liberty and rightful costly and so far samparo is concerned it is confined merely to instances of extra legal killings or enforces disappearances or threats girls no it's notice that it does not use the word extrajudicial killings and the term is extra legal killings uh uh definition uh these are killings committed without due process the law without legal safeguards or judicial uh proceedings much like that of exejudicial huh but enforce different disappearances there's no actual uh definition but the court said that they are attended by the following characteristics and an arrest the tension or Abduction of a person uh by whom by private individual no by a government official private yes organized groups or individuals but but no not acting alone but acting with the direct or indirect acquisance of the government no the refusal of the state to disclose the faith or whereabouts of the person concerned or a refusal to acknowledge the deprivation of Liberty which places such person outside the protection of the law memorize I'm sure you memorize this just remember this now and first disappearance as I mentioned arrest Detention of abduction of any form or of deprivation of Liberty that it be carried out by the auth with the authorization support or Acquisitions of the state or political organization that it be followed by the state or political organization's refusal to acknowledge or give information and the faith or whereabouts of the person subject to of the Empire petition and lastly that the intention for such a fusion is to remove the subject person from the protection of the law for a prolonged period of time is government involvement in The Disappearance and indispensable element yes huh it may lie against a private individual or entity but even if the person sought to be held accountable or responsible in an apparel petition is a private individual or entity Still Still government involvement in The Disappearance remains to be an indispensable element remember that government involvement in the this this appearance remains an indispensable elements question what is the secondary requirement imposed on state agents in writ of vampire State agents what is the secondary requirement in post upon them so this was a 2021 case no the answer is section 17 of the rule on the rate of umpire requires both parties to the petition to establish the respective claims with substantial evidence but apart from this section 17 also imposed a secondary requirement on state agents what is that secondary requirement they must show extraordinary diligence in the performance of their duties and are forbidden from seeking Refuge no you cannot claim and hide under the presumption of regularity in the performance of their official duties yeah again they might show extraordinary diligence in the performance of their duties and they are forbidden from claiming from seeking refuge in that presumption of regularity of performance so in these cases just a brief rundown on it you know uh uh it there's a finding that the persons are liable on account of object failure to conduct a fair and effective official investigation office or deal in the hands of the military performance to to find the whereabouts of the missing person uh object failure to conduct a fair and effective official investigation in in this case of rubrico versus macapagal uh the question is to whether we will impose command uh a command is the command responsibility applicable uh in in Rita vampire uh yes limited only a limited application were to be invoked and apply to this proceeding issue that most be only to determine the author no who is accountable and the duty to address the disappearance and harassments complain of no why so to enable the court to devise remedial measures that may be appropriate under the premises to protect the rights covered by the Amparo however no you you cannot uh apply command responsibility if the purpose is to fix criminal ability no on despondence Preparatory to filing a criminal action prosecution you cannot fish evidence though uh with eventual desire to file a criminal action no or as I probably Prelude to admin disciplinary proceedings not also no Father Robert please the running race it was accused one of the accused in the case in the Manila Peninsula Siege no where there are military Rebels and I murdered case was filed against him now uh you would want that and eventually there is a a whole departure order that was issued against him now he would want that HDO order be uh withdrawn no by the bid and to do that by way of petition uh foreign claiming that his right to a travel had been impaired is this a proper issue in ambaro the court said no because the restrictions in uh competition is right to travel as a consequence of dependency of the criminal case which is uh murder which is a rebellion was not unlawful petitioner also failed to establish that his right to travel was impaired in the manner and to the extent that it amounted to a serious violation of his right to life liberty and security for which there exists no readily available legal courts legal records or remedy Secretary of National Defense versus the Manalo Brothers these Manalo Brothers were suspected of being members of the uh NTA and they were apprehended together with their companions now when they were under military detention they were subject to physical abuse and and torture and some of the companions even uh were even killed now fortunately for these two they were able to escape from the tension and consequently they filed a petition for it from para now it was argued no no they if they are no longer under the military costly they're not entitled anymore that's already already moved in academic so that's an issue in this case no despite the fact that they're not uh in the Detention of the military but nonetheless the circumstances respondents abduction the tension torture and Escape recently support that there is an apparent threat extra-legal killings and forced disappearances done so there is again an apparent threat that they will be abducted tortured and even be killed executed this constitute threats to their Liberty or Security in life actionable through a petition for a rate of Amparo thanks because let's not pickle home owners again if it is a threatened demolition of a dwelling by virtue for final Judgment of the Court it does not uh fall under extra legal killings or enforced disappearance then the case is dismissable as well as in this case when the issue is just an exercise of parental rights over a child no that will not file under uh the written from Paro if it involves purely property or commercial right again uh not applicable because uh it does not involve extra legal killings or enforce disappearances or threats thereof okay okay after this then we'll have a break the rule on the beat of five best data admin number 08-1-16 okay the fine width of a base Corpus I'm sorry obvious data under section one it provides that it is a remedy available to any person whose right to privacy in life Liberty or security is violated or threatened by a lawful app or mission of a public official or employee so the first sentence involves first part of the sentence involves uh uh public official employee but the second part of the sentence is this of a private individual or entity acquisance of the government directly indirectly so purely prepare the private person or of a private individual or entity for as long as in the gauge in the Gathering collecting GSS Gathering collecting or storing data or information you know regarding what the person the family home and correspondence of the agreed party the rate of fiboscope was in this case said the score that it directs the issuance only against public officials or employees but the second part is private individuals or entities again engage in the GCS Gathering collecting storing of data information regarding in a great purchase persons no including his family including his home as well in the landmark case of vivares uh versus Saint Teresa's College these are the principles enunciated by the Supreme Court the rate of database data is not only confined to Extra legal killings and enforces appearances it can also be available as an independent remedy to enforce one's right to privacy more specifically the right to informational uh privacy is sick no from the court the remedies against the violation of such right include the updating rectification suppression or destruction of the database or information or files in possession or in control of respondents but private in individual or company entity engage in the Gathering or collecting story storing of data information does it mean engaged in the business of collecting or storing data or information Supreme Court said no the individual or entity need not be in the business of collecting or storing data Supreme Court had to occasion to explain the meaning of engage it said that to engage is in something is different from undertaking a business endeavor and to engage means to do or take part in something so it does not necessarily mean that the activity must be done in the pursuit of Miss test so that's one thing that they explain in this case also no specifically considering that defaults and uh as a classmate of of of of this uh of this ladies young uh ladies no um deported the matter to the uh uh school to their teacher Facebook or this is the posted by this our classmates so uh it reached the administrator and they decided not to allow them to graduate so the parents filed uh a petition for writ of Ibis data no but it says it it says that in the decision that it the default setting for the Facebook post is public meaning it can be surmised that the photographs in the questions were viewable to anyone to everyone in Facebook and absent of uh proves that petitioner's children positively limited the disclosure of the uh photograph if such were the case they cannot invoke the protection attached to the right to informational privacy uh this is a latest case huh can a rate of Firebase data be issued in favor of a convicted National inmate to enforce its right to privacy petition for Harvest data no uh young uh in favor to issue a rate of Firebase data in favor of not a private person but I convicted National inmate to enforce his right to privacy unfortunately no for them the right no the right to privacy of those detained is subject to section 4 of RA 7438 as well as to the limitations inherent in lawful detention or imprisonment by the very fact of their detention pre-trial detainees and convicted prisoners have a diminished expectation of private privacy rights again no you pre-trial detainees and convicted Prisoners the term used is diminish expectation of privacy rights uh exemplified in in this 2020 case no here said the part the Writ is being sought to compel the Department of Justice to produce documents to justify buraton's transfer from the national believe it and mutin level to the National believe it prison extension facility in Manila city this allegation Bears the relation to his right to privacy which has been restricted by Virtual Office conviction apply to privacy has been restricted bucket by Virtual Office conviction or how it affects his life liberty or security of and also there's no allegation that the government agents for Gathering collecting or storing data are in for regarding his person family and home and correspondence so there were no other allegations in support of the players so independent and citing the case of alejano versus kabui says there that a law is required before an executive officer could intrude on a citizen's privacy rights is a guarantee that is available only to the public at Large but not to persons who are detained or imprisoned the right to privacy of those obtained is subject to limitations as mentioned a while ago by the very fact of their detention again we reiterate this ruling destruct doctrine that pre-trial detainees and convicted prisoners have again a diminished expectation of privacy rights thanks it went on to say that the right of a convicted National inmate to his or her privacy runs counter to the state interest of preserving order and security inside our prison systems there is no longer now any reasonable expectation of privacy when one is being monitored and guarded at all hours of the day and unless there's a compelling evidence that the Public Employee is engaged in the GCS of data information on the convicted National inmate as committed unlawful act which threatened the life of the inmate no adaptation for the rate of 5B score Plus data can not prosper so thus there's no complete compelling reason for Discord to issue the rip okay uh can we have a break yes let's have a break please okay then we can already okay uh let's be back um what I'm going to discuss is now um on topic relating to names so rule 103 change of name okay remember that rule 108 cancellation or collection of entries in the Civil registry which can include which also includes name and then we have our Republic act 9048 which is also what the clerical error app involving names again and the amendment to the clerical error act which is RA one zero one seven two no these are similar but not identical no so anything that relates to first name 9048 which is only an admin proceeding first name it's not only clerical but the name is from Juan De La Cruz to Mario uh a complete change of name that's also included in ra 1948 so you click the clerical error Act is not necessarily correct to say because it does not confine itself to uh rectification of errors in the given name or first name But it includes also no change of first name for grounds uh allowed enumerated under ra9048 now what if uh what is involved is only a clerical error in the surname not the first thing you go into a rule 108 cancellation or correction of entries in the Civil registry one zero eight is what summary for clerical errors and adversarial but in adversial what involves uh the status nationality of a person or citizenship um to change my name because it's ridiculous no it causes embarrassment then you can do so under rule 103. rule 103 108 they have different venue now um 9048 then the amendment other two is an admin proceeding you don't file the case in court but only in the local civil registry so let's go to rule 103. okay this is a change of name so the question is can somebody just change name a class um this this lecture no the contents is based on my book uh special proceedings of foresight to the war exam so may four editions that the latest Is 2020 no okay it's change of name a matter of right no because the court has said occasion to express the view that the state has an interest in the name borne by individuals and entities for purposes of what identification and that a change of name is just a privilege and not a right so that if it is not all right if it is just a privilege no before a person can be authorized to change his name give him him either in his birth certificate or civil registry you must be able to show PRC I know PRC proper or reasonable cause or any compelling reason conspiracy proper or reasonable cost C compelling reason which may justify such change if you cannot show that there is a PRC no the request the petition should be denied what are the valid grounds for change of name which are deemed as PRC them as no the Touchstone for the grant of a change of name is that there be a proper and reasonable cost for which change is sought to justify a request for change of name petitioner will show not only some proper compelling reason therefore but also that he will be prejudiced by the use of his true and official name among the grounds for change of name which are deemed to be proper and reasonable or for compelling reason now number one when the name is ridiculous dishonorable or extremely difficult to write or pronounce falca under rule 103. first name is ridiculous dishonorable extremely difficult to write or pronounce you file it under rule under 1948 the clerical error act which is only an administrative and not a Judicial proceeding first name no any any girls but do you want to change your first name for any glass whether it's clerical or change of name because it's on dishonorable and it causes you it's ridiculous it causes embarrassment by all means you file it under 9048 but when it relates to your full name then you file it under rule 103. huh second when the change results as a legal consequence as in legitimation third when the change will avoid confusion fourth when one has continuously used and been known since childhood by such Filipino name and was unaware of alien parentage also a sincere desire to adopt a Filipino name to erase signs of former alienage but it must be done in good faith and without prejudicing anybody and lastly when the surname causes not a given name but the surname causes embarrassment and there is no showing that the desired change of time was for a fraudulent purpose or for that a change of name would be Prejudice will Prejudice public interest so uh well this is an initiated in the case of uh Santos versus republic pen by Justice probably there could be a question on this yeah so grounds under rule 103 PRC and those which are Dimas PRC are those proper reasonable costs are this name is ridiculous dishonorable or extremely difficult to write or pronounce second when the name results as a legal consequence as in legitimation see when a change will avoid confusion day when one is continuously used and been known since childhood by a Filipino name and was unaware of alien parentage he is a desire sincere desire to adopt a Philippine name to erase signs of former lnh all in good faith and without prejudicing anybody and lastly F when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that a change of name would Prejudice public interest I hope you're able to memorize that discuss the consequence of a granted change of name um I mean change of name would not cause uh once existing family relations it will not create new family rights and duties were nonexist before no it will not affect Young Person's legal capacity civil status or citizenship what will be altered is the word or group of words by which is identified and distinguished from the rest of his fellow men a change of name granted by the court affects only the petitioners a separate petition for change of name must be filed for his wife and children as well how do you differentiate rule 103 from rule 108 no rule 103 uh petitions for change of name based on them for going uh your Prudential grounds is a separate and distinct from that of 108. change of name must not be confused with it a change of one's name under rule 103 can be granted only on grounds provided for by law as mentioned kanina and PRC and those which were enumerated in order to justify a request for a change of time there must be a compelling proper and complete compelling reason okay and prove that the person requesting will be prejudiced by the use of His official name to assess the sufficiency of the grounds involved there must be an adversarial proceedings impetations for correction especially no in clerical Errol spelling type of errors and other innocuous errors in the Civil registry may be raised considering that the enumeration section 2 rule 108 also includes changes of name the correction of a pan patently mistelled name is covered by 108. instead of f nakalagai p patently uh misspelled name then rule 103. sophysis uh to say not all alterations allowed in one's name are confined under dual 103 no because again refers to a complete name and Rule 103 no uh in this case the function rule 103 but actually the intent you can discern the intent no the petition seeks to change his legitimacy to that of illegitimacy the court said no no no rule one or three will not suffice to run uh respondent supplication in this case uh it was granted by the court the petitions granted by the court because uh uh Giovanni the child is entitled to change his name because in this particular situation he was never recognized for his father while his mother has always recognized her him as her child a change of name Will erase the impression that he was ever recognized by his father it is also his best interest as it will facilitate his mother's intention and that petition to have him join her in the United States so obeyton Supreme Court this court will not stand in the way of the reunification of mother and the son foreign civil register um this was denied the petition was denied by the court and the reason given is that in the case of Barr said the court the only reason Advanced by petitioner for the adopting of his middle name is convenience however how such change of name would make his integration into the Singaporean Society either unconvenient is not clearly established would cause confusion and difficulty does not constitute proper and reasonable cost to drop it from his registered complete name the night in uh latest case of anacleto Alanis the Third versus the RCA the issue is this the peculiar issue is whether a legitimate not a legitimate child would want to use the surname of his mother he doesn't want to use anymore the name of his father the surname of his father but this the surname of his mother and he is a legitimate child a petition before the RTC to change his name he was born to Maria Mario Alanis and armilla Imelda balajo and the name on his birth certificate however you wish to remove his father's surname alian is the third and instead use his mother's maiden name that was the record since childhood no you also wish to change his first name from anacleto to Abdul Hamid for the same reasons and during this uh trial petitioner testified that his parents separated when he was five years ago uh his mother was the one who single-handedly raised him and his siblings no denied the petition holding that petitioner to prove failed to prove any grounds to warn the change of name likewise the ca I filmed the lower courts uh ruling so the question is a legitimate child entitled to use the surname of his or mother as is his or her own surname ruling yes a legitimate child is entitled to use the surname of either parent as a last name as embodied in article 364 of the civil code in confidence with the state's declaration policy what is a declared States declared policy to ensure the fundamental equality of women and men before the law huh the grave RTC The Gravely heard when it held that legitimate children cannot use their mother's name surnames uh the point of view is article 364 of the civil code the provision states that legitimate children shall principally use the surname of the father but the Supreme Court explained that principally does not mean exclusively hence this gave ample room to incorporate into article 364 the policy of the state ensuring the fundamental equality of women women and men before the law and no discernible reason to ignore it it went on to explain no with the Philippines as a state party to the Convention of elimination of all forms of discrimination against women the non-discrimination against women emerging customary norm and not least of all in accordance with its uh constitutional Duty ensuring gender equality Congress enacted the women in development and nation building so chords like any like any other uh government departments and agencies must ensure the fundamental the fundamental equality of women and men before the law and accordingly where the text of Allah allows for an interpretation that treats women and men more equally that is the correct interpretation Supreme Court no patriarchy becomes encoded in our culture when it is normalized the more it and Forbes our culture the more chances to infect this and future Generations so very liberal interpretation of Supreme Court let's go to ruler Notre specifically cancellation or correction of entries in the Civil registry so under rule 103 Pala where do you file it you file it no in the RTC where the petitioner resides do you want to uh to uh to file a petition for a change of name due to PRC proper and reasonable cost uh you file it where the petitioner resides no problem with that the RTC jurisdiction is the RTC venue is the where the petitioner resides rule 108 is entitled as consolation or creation of entries in the Civil registry who may file petition for consolation or collection of entries in the Civil registry any person an interested person in any app event or order or decree concerning the Civil status of person which has been recorded in the Civil register which code has jurisdiction on petitions filed under rule 108. you file it in the RTC where the corresponding civil Registries located in the word of petitioner resides so if you want alimbawa I was born in Cebu uh and then I and it was recorded that my surname is festine a letter P I have to go to Cebu no and file a case in the RTC they're in where the corresponding civil registry is located although I'm now assuming that I am now living in Manila but I have to go there huh 103 where the petitioner size here is that residence of the petitioner but in the RTC where the corresponding civil registry is located what address are subject to collect to cancellation or creation upon good and valid grounds well the first one is birth but it's not limited to birth in the Civil Regency marriages that's legal separation Judgment of annulment of marriage declaring marriage for it but the winning legitimations adoptions naturalization acknowledgment of natural children election laws or recovery of citizenship civil interdiction judicial determination affiliation voluntary emancipation of final change of name is venue in cancellation or collection of entries in the Civil registry under 103 jurisdictional meaning venue um in rule 108 is jurisdictional in Fox versus Philippine statistics Authority we declared that rule 108 pertains to a special proceeding hence the specific provision stated they're in particularly on venue must be observed in order to vest the court with jurisdiction so it's not purely eventually it can be wait no it must be observed in order to vest the court with jurisdiction in one case I mean in in in this case I've been on court no for the decision of the RTC uh the report of marriage in this case can be found either in the DFA or the or in the uh of orcrg that is in pasai city or Quezon City respectively and pursuant to section one rule 108 the petition must be filed in the RTC world of corresponding civilization is located however foreign to collect the Civil status of petitioner foreign 108 summary or adversarial I'm proceeding rule 108 summary or adversarial huh uh summary collection is merely clerical of course with exception of first name no because but where the rectification no is affects civil status citizenship nationality of a party no again it affects civil status citizenship nationality of a person it is deemed as substantial summary and if it is substantial it follows necessarily follows that that the the procedure is adversarial so substantial sa adversarial problem and because it's only a correction no uh okay um when you talk about clerical error which is only summary in nature is one which is visible to the eyes or obvious to the understanding and error made up by the clerk or the transcriber I'm mistake in the copying or writing or some harness or a nucleus change such as such as correction of a name that is merely misspelled or a misstated statement of the occupation of the parties so as I've said instead of letter F which is my family name the the first letter of my family name p that's a clerical error only but if it is substantial if it involves the Civil status citizenship National technology it is substantial and therefore foreign it is one having an opposing party opposing partition as distinguished from Mere ex-party application one in which the party seeking relief has given legal warning to the other party and afforded the latter an opportunity adversary proceeding merong opportunity to contest it no foreign adversarial what does the rule require it requires a strict compliance with the rules of Court no when the petition involves substantial or controversial alterations and this is done by availing the appropriate adversary proceeding when application for cancellation or correction of an entry in the Civil register involves substantial controversial alterations citizenship legitimacy of paternity affiliation legitimacy of marriage substantial adversarial strict compliance with the requirements of rule 108 Street compliance with rule 108. what's the meaning of Street compliance if it's a substantial or adversary the fact that the daughters of hearing said the court was established in a newspaper of General circulation and melters thereof was serve upon the state will not change the nature of the proceeding taken ah sections four and five rule 108. a reading of sections four and eight four and five I mean sections four and five of rule one zero eight of the rules of course shows that the rules mandate two sets of notices huh two sets of notices two different potential oppositors one gave it to the person's name in the petition but nonetheless may be considered interested or affected parties summons thereof must be served not for the purpose of vesting jurisdiction with the court but to comply with the requirements of fair play and due process to afford the person concerned the opportunity to protect his interest if he's so chooses so again let's have a review a clerical problems legitimacy status nationality citizenship huh Yan I substantial change so that part adversarial potential oppositors the path should comply with sections four and five of loon once every so annoying four and five Dion section four refers to notice and publication huh problema publication section four we publishment once a week for three consecutive weeks in the newspaper of General circulation in the province is that enough no the other notice could be given eternity under Section Five I'm making a positive civil register but not only that and any person having or claiming any interest Under The Entity preparing parents more no any person having or claiming any interest Under The Entity whose cancellation or correction is sought no that's for N5 publication and to implied no young uh potential oppositors who are the potential of positors under Section 5 the Civil register or any person having or claiming interest Under The Entity foreign one's failure to inflate and notify interested parties what I mentioned is just a general knowledge exceptions no vember Court this is this is a 2019 case well there may be cases where the Court held that the failure to impede and notify the affected interested parties may be cured by publication foreign exception or cured by mere publication number one Earnest efforts were made by the petitioners in bringing to court all possible interested parties you've done you need to convince the court that no you you exerted earner's efforts no to bring all possible interested parties second no where the interested parties themselves initiated the corrections proceedings no were the interested parties themselves initiated the collection proceedings and lastly when there is no actual or presumptive awareness of the existence of interested parties they were not aware um or when a party is in the vertically left out as by way of an exception but the general rule is that there should be publication and a particular notices otherwise the case is dismissable does publication in the newspaper of General circulation hear the effect of that completing suspensable parties as I've said Leon uh uh okay general rule all persons who stand to be affected by substantial Corrections of an entry in the Civil registrar must be impleaded as indispensable parties general rule all persons who stand to be affected by substantial correction of an entry in the Civil registrar must be included as indispensable parties failure to do so renders all proceedings subsequent to the filing of the complaint including uh the Judgment ineffectual okay so and this is exceptions which I mentioned Earnest efforts Etc or he's not aware in this case responded had known for the start that she had two registered fathers she knew her mother and all her siblings yet she failed to complete them and offered no explanation therefore yeah in cases for publication may be deemed to cure one's failure to include no special circumstances must be present to justify the non-inclusion of indispensable parties these are the exception now publication cures the defect of not impleading the indispensable party again let me repeat Earnest efforts were made by the petitioners and bringing to court all possible interested parties the internet parties themselves initiated the collections proceedings and lastly there was no actual or presumptive awareness of the existence of the interested parties or when the party was inadvertently left out the court said in this case none of these exceptions are present here so apply in general Road there were still proof that these indispensable parties who were not impleaded were aware of the petition let alone the status of the proceedings uh 2020k Stone when a petition for correction or uh cancellation or collection of an entry the Civil register involves substantial controversial alterations no well again this is just a reiteration of what we discussed a while ago there should be three compliance with the requirements of rule 108. all right okay uh let me just read the doctrine when a person for consolation or collection of an entering the Civil registry involves substantial and controversial alterations citizenship legitimacy of marriage or paternity say compliance must be complied if the entries in a civil registry could be collected or changed through an adversarial uh where uh and then it will open the door to fraud on another Mischief will be set open and the consequence of which might might be detrimental and far reaching compliance foreign Chinese [Music] no uh uh they are the respondent presented the identify identification certificates by the CID Filipino Court surely they are Chinese citizenship could not be converted to Filipino just because or certain government agencies recognize the massage and it quoted this the exercise of the rights and privileges granted only to Filipinos is not conclusive proof of citizenship because a person may misrepresent himself to be a Filipino and thus enjoy the rights and privileges of citizens in this country independent question can the legitimacy and affiliation of children be collaterally attacked can the legitimacy and affiliation of children be collaterally attacked answer no it cannot be collaterally attacked by way of filing a petition for collection of entries in the certificate of live birth in the case of Miller versus Miller the court cited 2019 I know case the court cited the case of rasa versus the Civil City civil Registrar of Hima Himalayan City in ruling that legitimacy and valuation can be questioned only in a direct action seasonably filed by the proper party and not through collateral attack moreover impuning the legitimacy of a child is to burn by article 171 and not 108. hear what is sought by petitioners is the collection of Joanne's surname in their birth certificate instead of Miller claiming that she was not an acknowledged illegitimate child of John Savage recognized no Savannah Court no no no such is that a male clerical change not a simple matter of correcting a single letter in private respondent surname due to misspelling it will affect not only Joanne's identity but her successional rights as well so don't fight it uh you cannot impune it by way of equilateral filing under petition rule 108 no foreign the Civil registrar the inescapable answer date in this capable consequence of the failure to employ the Civil register is that the RTC will not acquire jurisdiction over the case or if the proceedings were conducted to render the same as nullity no the same as nullity such as in this case of fox versus the Philippine statistics uh Authority in the office of the cell gen said the court given that rule 108 pertains to a special proceeding the specific probation stated they're under particularly on venue must be observed in order again to invest the court with jurisdiction hence the inescapable consequence of the failure to impede the Civil register is that the RTC will not acquire jurisdiction over the case or if proceedings were conducted to render the same as nullity nullified and proceedings no the court has no jurisdiction to try the case the necessary consequence of the failure to impede the Civil registrar as an indispensable party and to give notice my publication of the application for collection of Entry was concerned null and void for lack of jurisdiction but as to the party as well as to the subject matter the court cannot be faulted civil register well we discussed this a while ago 103 108 103 full name may be changed 108 clerical and substantial errors may be corrected 103 Sunny petitioner 108 no final RTC where the corresponding civil registry is located must be notified by the service of the copy of optician 1.87 register is made a party 108 partition interpretation as a respondent can also be notified rule 103 who is the petitioner any person who decides to change his name 108 Chino any person who has an interest in any act event order or degree so in what cases publication and in rule 108 it is further required that the court shall cause reasonable notice to person's name in the petition you see navigo and under section 4 and 5 of rule 108. in both cases um service of judgment shall be made upon the Civil register concern well you are very very familiar with this case Dante Silverio no show the petition for the collection or change of the entry in one's birth certificate be granted by reason of sex change no other um because uh the statutory language of the old civil register law it was enacted in the early 1990s and still remains unchanged so the term sex I choose then is something I'll uh it cannot be argued that the sex used in the early 1990s is something alterable through surgery or something that allows a post-operative male to female transexual to be included in the category female what about uh if a person is suffering from uh say h congenital adrenal hyperplasia in this case no as opposed to that of the case of Silverio in the case of kagendan Allowed no because the person is suffering from ch uh the person has biological characteristics of both male and female sexes principles when a person is suffering from CH or when the person is biologically or naturally intersects the determining factor in his gender classification will be what the individual having reached the age of majority with good reasons things office or sex meaning to say if he suffering from ch no intersex gender upon reaching the age of majority 18 years old second sexual development in cases of intersex persons makes the gender classification at Birth inconclusive so it is at maturity the gender of such persons like responded is fixed at any person is suffering from say H7 Court belongs to human rights to the pursuit of happiness and of failed and to him should belong the primordial choice of what courses of action to take along the battles his sexual development so there is Merit in a change of name with uh ch ief question may repetition for a recognition of a foreign judgment be made under rule 108 108 only uh have to prove the proof of fact of the Judgment no hmm in this case uh Savannah Court the recognition of the foreign divorce decree may be made in rule 108 proceeding because it is a special proceeding you know it only seeks established a status right of a particular right of a party or a particular fact and God said that uh rule 108 of the rules of Court can serve as the upper plate uh adversarial proceeding by which the applicability of the foreign judgment can be measured and tested in terms of jurisdictional infirmities no one of notice the party collusion fraud or clear mistake of lower fact um uh somebody played a joke on her she went abroad she's single and when she went back and tried to secure a said no more certificate of them no marriage she was surprised and amazed that uh she was married to someone and she doesn't know this person and there was now marriage that took place actually so she finally done their little 108 now it was uh uh opposed under contention 108 Falcon competition for annulment quality of marriage Court said uh while the court maintains that rule 108 cannot be available to determine the validity of marriage the court cannot qualify the proceedings uh before the court with obligation no uh and the punchline States responded it did sought not the Nullification of marriage why there was no actual marriage to speak of no but the collection of the record of such record to reflect the truth are set forth by the evidence or otherwise stated in allowing the correction of the subject certificate of marriage by counseling the wife portion thereof the trial court did not any anyway declare marriage as void because actually there was no marriage to speak of together political error 9048 no don't be deceived don't be confused this is not applicable merely to the clerical error of first name change of first name anything that relates the first name I know issues of first name given name you don't need the judge just an admin body what law governs the change of first name the Public Act 9048 it governs the change of first day invest the power and authority to entertain petitions for change of first name change of first name to the city or Municipal Municipal civil registrar okay General so under the law jurisdiction over applications for change of first name is now primarily large with the affirmation admin officers foreign are subject to ra9048 no no entry in a civil register shall be accepted shall be changed or corrected without judicial Authority order except 9048 clerical or type of Errors of first thing or change of first name or nickname as I've said if a city or Municipal civil register before the consul General is the clerical error app limited to correction or clerical or type of errors as I emphasized no it applies to change of first name or nickname uh Does the clinical error apply to change the full name no no if it's a full name you file it under dual 138 where they file it as I've said uh in the local civil register Office of the city of municipality where the record being sought to be corrected or changed but that's only number one if possible [Music] petitioner has already migrated then uh you file it in the local civil Registrar of the place were the interested party is passively residing or Dom yourself foreign correction of first name or change of first name just like rule 103 ridiculous tainted with this honor extremely difficult to write except that in rule 103 it applies to complete name here it only applies to first name or secondly when the new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by the first name or nickname in the community since childhood or thirdly the change will avoid confusion thus will it apply to change nationality no it's not no so there is a chain there is an amendment to uh 9048 which is the public act one zero one seven two so extending the application of the admin proceeding of 1948. no so it it's not limited to names but now uh it applies to day and month not the year day and month in the date of birth oh remember that not the year then month in the date of birth or sex support sex of a person when it is spottedly clear that there was clerical or type of error or mistake in the Exchange What entries cannot be changed nationality age and year status of the person file under this one uh early school records no uh to say that you have been continuously using that name in case of change of gender man certifications certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant a certification a government physician it's already a public instrument public documents uh okay and publication for two consecutive weeks in a newspaper of General circulation okay uh rules of procedure on environmental cases uh with I'll just have to uh mention the latest case in 2021 Villar versus Altec contractors Doctrine because uh is principally predicated on an actual or threatened violation of the constitutional right to a balanced and helpful ecology which involves environmental damage of a magnitude that transcends political and territorial boundaries now if you're the party you're the petitioner a party therefore who invokes the read based on alleged effects or irregularities in the issuance of an ECC must not only allege and prove such defects or irregularities the a reasonable connection between the defects okay irregularities and the issue ones of an ECC and the actual or threatened violation of the constitutional right to a balance and helpful ecology the effects or irregularity in the issue ones of an ECC ation violation actual or threatened to violation of the constitutional right to healthful ecology otherwise at the court the petition should be dismissed outright and the action they filed before the proper Forum with due regard to the doctrine of exhaustion of Remedies this must be so if you are to preserve the novel and loadable purposes of the read against those who seek to abuse it but in this case unfortunately impetitioners uh irregularities in the issuance of the ECC I know uh these are not material and necessary due to the nature of the post proposed project therefore no compelling reason was presented to Warren the intervention of the Court in one case Demario versus uh Republic uh Eon and explain then young section one rule seven part three of the rules of procedure for environmental case the rate is a remedy available to Natural or juridical person uh entity authorized by law people's organization non-governmental org public interest group accredited by a registered with any government agency on behalf of persons whose constitutional right to a balanced and helpful ecology is violated or threatened with violation no by whom by an unlawful act or Mission by a public official or employee or private individual or entity involving environmental damage of such magnitude no environmental damage of such magnitude as to Prejudice the Life Health or property of inhabitants in two or more cities or provinces a writ of kalikasan is aimed to provide a stronger protection of environmental rights in order to afford an effective and Speedy remedy were the constitutional right to a helpful and balanced ecology is violated and address any possible large-scale ecological threats okay necessarily the person seeking the issue ones of a bit of calicas and must demonstrate that a particular law rules or regulation was or will be violated by the respondent no a person a person seeking the issuance of ability to foreign of proof number one the environmental rule of Regulation violated or threatened to be transgressed secondly respondents act or Omission contained of third the environmental damage of such magnitude as would impair the life property or health of the inhabitants of two or more provinces or cities again the environmental law rule or regulation violated or threatened to be this to be transgressed second respondents up or Mission contained of third young effect young environmental environmental damage of such magnitude as would impair the life property or health of the inhabitants of two or more provinces or cities in this case other than stating in general terms that the respondents violated such and such laws the group or account did not propound on the specific Acts or emissions committed by respondent that would amount to a violation of the cited loss it also did not adduce evidence that respondents are indeed guilty of any illegal act or omission violative of the rights of the people to a balance and helpful archeology also petition is not sufficient in form and substance as it failed to discharge the burden to prove the requirements for the issuance of Farid of kalikasans in some there is no shortly showing that respondents uh committed an act or a mission violative of any environmental law which resulted or will result in environmental damage of such magnitude that will infringe the right of the people to a balanced and helpful ecology okay so I that ends my lecture but uh etong tables let me just emphasize young comparisons no uh you might be confused no on how uh certain loss rates are used or if you're confused confused with jurisdictions so um let me just uh emphasize again emphasize again the differences among 103 108 90 so 48 10172 no 103 is a change of name 108 cancellation or correction of entries in the Civil registry 1948 clerical error at n10172 Amendment to the clerical error app subject matter change of full name substantially 108 clerical or substantial no Correctional civil registry 1948 first name or given name where their typo first name type of Errors change of first name and nickname uh day and month at a sex of a person no who may file 103 a person deciding to change his name 108 any interested person okay 19048 any person having direct and personal interest in the collection thereof 10172 but the same as that of our a9048 you know and uh remember this one in so far as uh uh Venus concern uh rule 103 the RTC of the province in which petitioner resides for three years prior to filing or in the city of Manila to the J Juvenile and Justice Domestic Relations up 108 RTC of city or Province where the corresponding civil registry is located 1948 it's not filed in court it's an admin proceeding okay please check on your my place mute your mic everyone 9048 you file it in the local civil registry where the record being sought to be corrected or change is kept secondly if that if you change already's residence you file it in the place where it's now presently deciding and thirdly if if he or she goes abroad in the Philippine consulate the same uh also applies also to one zero one seven two okay yeah uh 103 remember that it's PRC proper and reasonable cost such as name is ridiculous statement with this honor and and consequence of change of status third is necessity of a confusion fourth is continuously used anything known with such uh name unaware of her alien parentage and number five a sincere desire to adopt a Filipino name two array signs of former lnh 108 rounds good and valid grounds okay 1948 well as discussed to you if the name is first name is ridiculous tainted with this honor or it's been using it continuously since childhood and third is to avoid confusion okay 103 108 they are judicial proceedings nine zero four eight one one zero one seven two admin proceeding okay uh insofar as um publication 103 108 since this is a Judicial proceeding you at least once a week for three consecutive weeks nine zero four eight one zero one seven two only two consecutive weeks no remember who participates on the part of the government 103 sold gen or the proper uh provincial or City physical shall appear in behalf of the government rule 108 the Civil registrar nine zero four eight one zero one seven two is the Civil register or the consul General 108 with a civil register General no civil registrar General in Psalm 94 8 at 10172 okay just uh just a reminder again on jurisdiction and venue uh just love a review settlement of the uh estate RTC no or MPC depending upon the gross value of this state in case the city is a non-resident in the Philippines at the time of State venue lies in any province in which he had an estate it's so it's a it's it's 2 million it's the RTC 2 million and less MTC sdsg RTC of Province for the deceased last recited in case it's a non-resident of the Philippines venue lies in any province in which she had left his state almost the same guardianship if it's guardianship over miners no is the family court over the minor resides no uh if the uh guardianship over incompetence in the RTC were the incompeted resides no if they are abroad then in uh you file it in the family court uh where his property or any partner of is situated whether it's guardianship of miners or guardianship over incompetence no JavaScript no for illegal confinement or detention you can file it with the uh RTC c a s c c a uh RTC have concurrent jurisdiction you know it is only limited on first of all only within its judicial region exclusive uh jurisdiction uh the petition may be filed with the c a s c uh and if so granted the rich will be enforceable anywhere in the Philippines RTC RTC there is a requirement the place where the threat act or Omission was committed or any of its elements occurred if uh it's a hair based data you can file it with the secas by hand when the action concerns public data files of government now if it to the RTC the the conditions are as follows where the rotational sites or where respondent resides or that which is jurisdiction over the place the court which has the RTC which has jurisdiction over the place where the data or information is gathered no uh collected or stored adoption of the petitioner okay uh change of name under rule 103 as I've said file it were the petitioner sites uh absentence it's not included uh consolation or correction in the RTC where the corresponding civil uh register is located civil registry uh where the record is is kept of not in the local civil register where is now present residing or in the Philippine consulate office distinctions uh okay um just emphasize on deprivation of Liberty or rightful custody of a person Amparo to any person who's right to life liberty or security is violated no threatened with violation uh by with the participation of the government no uh also uh particularly extra legal killings and enforced disappearances with so far as obvious data is concerned uh the same also uh against private individual engaged in the garden collecting or storing data information okay uh venue and have this Corpus where the uh we have already said that a while ago okay uh remember the um prohibited pleadings and motions in Amparo and harvest data motion and other things that are prohibited okay so of course temporary protection order inspection order production witness protection order okay I think okay and thank you uh keep safe and God bless just again rest in the love of the Lord no God has planted that dream in your hearts you're so you're so near now to your goal only one day to go give it all to God no and exercise your faith other big challenges every time that you have this Noble drink but remember to have faith faith is what faith is what is the substance of the things that you hope for the evidence of things not yet seen how we know that you will become a lawyer deep inside your heart you would know it's because of faith and it's not based on the wishful thinking and start based also on f-a-t-e but on f-a-i-d-h oh God just help you throughout the ordeal uh stay close to God because uh was the one who gave you that dream stay close to God you will stay closer to your dream hey God bless everyone