Professional Documents
Culture Documents
2, Rule 82).
An
association
or
corporation authorized to
conduct the business of a
trust company in the
Philippines may appointed
as trustee of an estate in the
same
manner
as
an
individual (Art. 1060, CC).
EXECUTOR /
ADMINISTRATOR
An executor is the
person named in the
will to administer the
decedents estate and
carry out the
provisions thereof.
An administrator is the
person appointed by
the court to administer
the estate where the
decedent
died
intestate, or where the
will was void and not
allowed to probate, or
where no executor was
named in the will, or
the executor named
therein in incompetent
or refuses to serve as
such.
An
association
or
corporation authorized
to
conduct
the
business of a trust
company
in
the
Philippines
may
appointed as executor
or administrator of an
estate in the same
a) Insanity;
b) Incapability
of
discharging trust or
evidently
unsuitable
therefor (Sec. 8, Rule
98);
c) Neglect
in
the
performance
of
his
duties;
d) Breach
of
trust
displaying a want of
fidelity, not mere error
in the administration of
the trust;
e) Abuse
and
abandonment of the
trust;
f) Refusal to recognize or
administer the trust;
g) Failure or neglect or
impropriety
in
investment of the trust
estate as to give rise to
waste of trust property;
h) Failure to file accounts,
and failure of one cotrustee to keep himself
informed of the conduct
of the other in the
administration of the
trust.
manner
as
an
individual (Art. 1060,
CC).
Duties are fixed and/or
limited by law (Rule
84).
a) Neglect to render
an account and
settle the estate
according to law;
b) Neglect to perform
an
order
or
judgment of the
court;
c) Neglect to perform
a duty expressly
provided by these
rules;
d) Absconds,
or
becomes insane, or
e) otherwise
incapable
or
unsuitable
to
discharge trust;
f) (e)
Fraud
or
misrepresentation
adopter;
f)
INTER-COUNTRY ADOPTION
Governed by RA 8043, the Inter-Country Adoption Act of
1995; procedure governed by the Amended Implementing
Rules and Regulations on ICAA.
Applies to adoption of a Filipino child in a foreign country,
where the petition for adoption is filed, the supervised trial
custody is undertaken and the decree of adoption is issued
outside of the Philippines.
Who may be adopted
Only a legally free child may be adopted.
Requisites:
a) Below 15 years of age; and
b) Has been voluntarily or involuntarily committed to
the DSWD in accordance with PD 603.
Procedure
Where to file application: Either in (a) Family Court having
jurisdiction over the place where the child resides or may be
found, or (b) Inter-Country Adoption Board (ICAB) through an
intermediate agency, whether governmental or an authorized
and accredited agency, in the country of the prospective
adoptive parents.
After filing:
a) if filed in the FC, court determines sufficiency of
petition in respect to form and substance, after which,
petition is transmitted to ICAB;
b) if petition is already with ICAB, it conducts matching
of the applicant with an adoptive child;
c) after matchmaking, the child is personally fetched by
the applicant for the trial custody which takes place
outside of the Philippines.
Supervised Trial Custody:
a) This process takes place outside of the country and
under the supervision of the foreign adoption agency;
b) For a period of 6 months;
c) If unsuccessful, ICAB shall look for another
prospective applicant. Repatriation of the child is to
be resorted only as a last resort;
d) If successful, ICAB transmits a written consent for the
adoption to be executed by the DSWD, and the
applicant then files a petition for adoption in his/her
country.
Decree of Adoption: Issued by a foreign court.
Consent Required:
1) Written consent of biological or adopted children
PRELIMINARY CITATION
Requires the respondent to
appear and show cause
why the peremptory writ
should not be granted
WRIT OF AMPARO
A remedy available to any person
whose right to life, liberty and
security is violated or threatened
with violation by an unlawful act or
omission of a public official or
employee, or of a private individual
or entity. The writ covers
extrajudicial killings and enforced
disappearances or threats thereof.
It is a form of constitutional relief.
Where to file:
Where to file:
When issued:
When issued:
When issued:
Contents of return:
Contents of return:
Contents of return:
held;
c) If the party is in his custody
or power or is restrained by
him, and is not produced,
particularly the nature and
gravity of the sickness or
infirmity of such party by
reason of which he cannot,
without danger, be brought
before the court or judge;
d) If he has had the party in his
custody or power, or under
restraint, and has transferred
such custody or restraint to
another,
particularly
to
whom, at what time, for what
cause, and by what authority
such transfer was made.
information;
e) Other
allegations
relevant
resolution of the proceedings.
(Not applicable)
to
Appeal:
Appeal:
Quantum of proof:
Quantum of proof:
Appeal:
SEARCH WARRANT
Requisites
for
search warrant
issuing
instances)
Involves substantial changes
Grounds:
Grounds:
Grounds:
Entry is incorrect.
An appropriate
proceeding.
administrative
Cancellation or correction of
entries of: (a) births; (b)
marriages; (c) deaths; (d) legal
separation; (e) judgments or
annulments of marriage; (f)
judgments declaring marriages
void from the beginning; (g)
legitimations; (h) adoptions; (i)
acknowledgments of natural
children; (j) naturalizations; (k)
election, loss or recovery of
citizenship; (l) civil interdiction;
(m) judicial determination of
filiation;
(n)
voluntary
emancipation of a minor; and (o)
changes of name.
b.
c.
d.
e.
Note: The Rule shall not apply in a civil case where the
cause of action is pleaded with another cause of action
subject to the ordinary procedure, nor to criminal case
where the offense charged is necessary related to
another criminal case subject to the ordinary
procedure.
EFFECT OF FAILURE TO ANSWER
Should the defendant fail to answer the complaint
within 10 days from service of summons, the
court shall MOTU PROPIO or ON MOTION of the
plaintiff, shall render judgment as may be
warranted by the facts alleged in the complaint
and limited to what is prayed for therein.
This is without prejudice to the applicability of
Sec. 4, Rule 18 if there are two or more
defendants.
PRELIMINARY CONFERENCE AND APPEARANCES OF
PARTIES
a preliminary conference shall be held not later
than 30 days after the last answer is filed. The
rules on pre-trial in ordinary cases shall be
applicable to the preliminary conference unless
inconsistent with the provisions of the Rule.
The failure of the plaintiff to appear in the
preliminary conference shall be cause for the
dismissal of his complaint. The defendant who
appears in the absence of the plaintiff shall be
entitled to judgment on his counterclaim. All
cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff
shall be entitled to judgment as warranted by the
allegations in the complaint and limited to the
reliefs prayed for therein. The Rule shall not apply
where one of two or more defendants sued under
a common cause of action who had pleaded a
common defenses shall appear at the preliminary
conference.
422, LGC)
any time before trial, motu propio refer the case to the
lupon concerned for amicable settlement.
VENUE
SCOPE AND APPLICABILITY OF THE RULE
1) Disputes between persons actually residing in the
same barangay;
2) Those involving actual residents of different
barangays within the same city or municipality;
3) All disputes involving real property or any interest
therein where the real property or the larger portion
thereof is situated;
4) Those arising at the workplace where the contending
parties are employed or at the institution where such
parties are enrolled for study, where such workplace
or institution is located.
Objections to venue shall be raised in the
APPEARANCES
The parties shall appear at the designated date of hearing
PERSONALLY. Appearance through a representative must
be for a valid cause. The representative of an individualparty must:
1) not be a lawyer; and
2) must be related to or next-of-kin of the individualparty.
Juridical entities shall not be represented by a lawyer
in any capacity.
Temporary Environmental Protection Order (TEPO) refers to an order issued by the court directing or
enjoining any person or government agency to perform or
desist from performing an act in order to protect, preserve
or rehabilitate the environment.
Motion to dismiss;
Motion for extension of time to file return;
Motion for postponement;
Motion for a bill of particulars;
Counterclaim or cross-claim;
Third-party complaint;
Reply; and
Motion to declare respondent in default.
DISCOVERY MEASURES
A party may file a verified motion for the following reliefs:
a) Ocular Inspection - the court may order any
person in possession or control of a
designated land or other property to permit
entry for the purpose of inspecting or
photographing the property or any relevant
object or operation thereon.
b) Production or inspection of documents or
things - the court may order any person in
possession, custody or control of any
designated documents, papers, books,
accounts, letters, photographs, objects or
tangible things, or objects in digitized or
electronic form, which constitute or contain
evidence relevant to the petition or the return,
to produce and permit their inspection,
copying or photographing by or on behalf of
the movant.