SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
GENERAL PROVISION
RULE 72
Subject Matter and Applicability of General
Rules
Section 1. Subject matter of special proceedings.
— Rules of special proceedings are provided for in
the following cases:
(a) Settlement of estate of deceased persons;
(b) Escheat;
(c) Guardianship and custody of children;
(d) Trustees;
(e) Adoption;
(f) Rescission and revocation of adoption;
(g) Hospitalization of insane persons;
(h) Habeas corpus;
(i) Change of name;
(j) Voluntary dissolution of corporations;
(k) Judicial approval of voluntary recognition of
minor natural children;
(l) Constitution of family home;
(m) Declaration of absence and death;
(n) Cancellation of correction of entries in the civil
registry.
Section 2. Applicability of rules of civil actions. —
In the absence of special provisions, the rules
provided for in ordinary actions shall be, as far as
practicable, applicable in special proceedings.
Settlement of Estate Of Deceased Persons
RULE 73
Venue and Process
Section 1. Where estate of deceased persons
settled. — If the decedents is an inhabitant of the
Philippines at the time of his death, whether a
citizen or an alien, his will shall be proved, or letters
of administration granted, and his estate settled, in
the Court of First Instance in the province in which
he resides at the time of his death, and if he is an
inhabitant of a foreign country, the Court of First
Instance of any province in which he had estate.
The court first taking cognizance of the settlement
of the estate of a decedent, shall exercise
jurisdiction to the exclusion of all other courts. The
jurisdiction assumed by a court, so far as it depends
on the place of residence of the decedent, or of the
location of his estate, shall not be contested in a suit
or proceeding, except in an appeal from that court,
in the original case, or when the want of jurisdiction
appears on the record.
Section 2. Where estate settled upon dissolution of
marriage. — When the marriage is dissolved by the
death of the husband or wife, the community
property shall be inventoried, administered, and
liquidated, and the debts thereof paid, in the testate
or intestate proceedings of the deceased spouse. If
both spouses have died, the conjugal partnership
shall be liquidated in the testate or intestate
proceedings of either.
Section 3. Process. — In the exercise of probate
jurisdiction, Courts of First Instance may issue
warrants and process necessary to compel the
attendance of witnesses or to carry into effect theirs
orders and judgments, and all other powers granted
them by law. If a person does not perform an order
or judgment rendered by a court in the exercise of
its probate jurisdiction, it may issue a warrant for
the apprehension and imprisonment of such person
until he performs such order or judgment, or is
released.
Section 4. Presumption of death. — For purposes
of settlement of his estate, a person shall be
presumed dead if absent and unheard from for the
periods fixed in the Civil Code. But if such person
proves to be alive, he shall be entitled to the
balance of his estate after payment of all his debts.
The balance may be recovered by motion in the
same proceeding.
RULE 74
Summary Settlement of Estate
Section 1. Extrajudicial settlement by agreement
between heirs. — If the decedent left no will and no
debts and the heirs are all of age, or the minors are
represented by their judicial or legal representatives
duly authorized for the purpose, the parties may
without securing letters of administration, divide
the estate among themselves as they see fit by
means of a public instrument filed in the office of
the register of deeds, and should they disagree,
they may do so in an ordinary action of partition. If
there is only one heir, he may adjudicate to himself
the entire estate by means of an affidavit filled in
the office of the register of deeds. The parties to an
extrajudicial settlement, whether by public
instrument or by stipulation in a pending action for
partition, or the sole heir who adjudicates the entire
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estate to himself by means of an affidavit shall file,
simultaneously with and as a condition precedent to
the filing of the public instrument, or stipulation in
the action for partition, or of the affidavit in the
office of the register of deeds, a bond with the said
register of deeds, in an amount equivalent to the
value of the personal property involved as certified
to under oath by the parties concerned and
conditioned upon the payment of any just claim that
may be filed under section 4 of this rule. It shall be
presumed that the decedent left no debts if no
creditor files a petition for letters of administration
within two (2) years after the death of the decedent.
The fact of the extrajudicial settlement or
administration shall be published in a newspaper of
general circulation in the manner provided in the
nest succeeding section; but no extrajudicial
settlement shall be binding upon any person who
has not participated therein or had no notice
thereof.
Section 2. Summary settlement of estate of small
value. — Whenever the gross value of the estate of
a deceased person, whether he died testate or
intestate, does not exceed ten thousand pesos, and
that fact is made to appear to the Court of First
Instance having jurisdiction of the estate by the
petition of an interested person and upon hearing,
which shall be held not less than one (1) month nor
more than three (3) months from the date of the
last publication of a notice which shall be published
once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province,
and after such other notice to interest persons as
the court may direct, the court may proceed
summarily, without the appointment of an executor
or administrator, and without delay, to grant, if
proper, allowance of the will, if any there be, to
determine who are the persons legally entitled to
participate in the estate, and to apportion and divide
it among them after the payment of such debts of
the estate as the court shall then find to be due;
and such persons, in their own right, if they are of
lawful age and legal capacity, or by their
guardians or trustees legally appointed and
qualified, if otherwise, shall thereupon be entitled to
receive and enter into the possession of the portions
of the estate so awarded to them respectively. The
court shall make such order as may be just
respecting the costs of the proceedings, and all
orders and judgments made or rendered in the
course thereof shall be recorded in the office of the
clerk, and the order of partition or award, if it
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
involves real estate, shall be recorded in the proper
register's office.
Section 3. Bond to be filed by distributees. — The
court, before allowing a partition in accordance with
the provisions of the preceding section, my require
the distributees, if property other than real is to be
distributed, to file a bond in an amount to be fixed
by court, conditioned for the payment of any just
claim which may be filed under the next succeeding
section.
Section 4. Liability of distributees and estate. — If
it shall appear at any time within two (2) years after
the settlement and distribution of an estate in
accordance with the provisions of either of the first
two sections of this rule, that an heir or other person
has been unduly deprived of his lawful participation
in the estate, such heir or such other person may
compel the settlement of the estate in the courts in
the manner hereinafter provided for the purpose of
satisfying such lawful participation. And if within the
same time of two (2) years, it shall appear that
there are debts outstanding against the estate
which have not been paid, or that an heir or other
person has been unduly deprived of his lawful
participation payable in money, the court having
jurisdiction of the estate may, by order for that
purpose, after hearing, settle the amount of such
debts or lawful participation and order how much
and in what manner each distributee shall
contribute in the payment thereof, and may issue
execution, if circumstances require, against the
bond provided in the preceding section or against
the real estate belonging to the deceased, or both.
Such bond and such real estate shall remain
charged with a liability to creditors, heirs, or other
persons for the full period of two (2) years after
such distribution, notwithstanding any transfers of
real estate that may have been made.
Section 5. Period for claim of minor or
incapacitated person. — If on the date of the
expiration of the period of two (2) years prescribed
in the preceding section the person authorized to
file a claim is a minor or mentally incapacitated, or
is in prison or outside the Philippines, he may
present his claim within one (1) year after such
disability is removed.
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RULE 75
Production of Will. Allowance of Will
Necessary
Section 1. Allowance necessary. Conclusive as to
execution. — No will shall pass either real or
personal estate unless it is proved and allowed in
the proper court. Subject to the right of appeal,
such allowance of the will shall be conclusive as to
its due execution.
Section 2. Custodian of will to deliver. — The
person who has custody of a will shall, within twenty
(20) days after he knows of the death of the
testator, deliver the will to the court having
jurisdiction, or to the executor named in the will.
Section 3. Executor to present will and accept or
refuse trust. — A person named as executor in a will
shall, within twenty (20) days after he knows of the
death of the testate, or within twenty (20) days
after he knows that he is named executor if he
obtained such knowledge after the death of the
testator, present such will to the court having
jurisdiction, unless the will has reached the court in
any other manner, and shall, within such period,
signify to the court in writing his acceptance of the
trust or his refusal to accept it.
Section 4. Custodian and executor subject to fine
for neglect. — A person who neglects any of the
duties required in the two last preceding sections
without excused satisfactory to the court shall be
fined not exceeding two thousand pesos.
Section 5. Person retaining will may be committed.
— A person having custody of a will after the death
of the testator who neglects without reasonable
cause to deliver the same, when ordered so to do,
to the court having jurisdiction, may be committed
to prison and there kept until he delivers the will.
RULE 76
Allowance or Disallowance of Will
Section 1. Who may petition for the allowance of
will. — Any executor, devisee, or legatee named in
a will, or any other person interested in the estate,
may, at any time after the death of the testator,
petition the court having jurisdiction to have the will
allowed, whether the same be in his possession or
not, or is lost or destroyed.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
The testator himself may, during his lifetime,
petition the court for the allowance of his will.
Section 2. Contents of petition. — A petition for the
allowance of a will must show, so far as known to
the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs,
legatees, and devisees of the testator or decedent;
(c) The probable value and character of the property
of the estate;
(d) The name of the person for whom letters are
prayed;
(e) If the will has not been delivered to the court,
the name of the person having custody of it.
But no defect in the petition shall render void the
allowance of the will, or the issuance of letters
testamentary or of administration with the will
annexed.
Section 3. Court to appoint time for proving will.
Notice thereof to be published. — When a will is
delivered to, or a petition for the allowance of a will
is filed in, the court having jurisdiction, such court
shall fix a time and place for proving the will when
all concerned may appear to contest the allowance
thereof, and shall cause notice of such time and
place to be published three (3) weeks successively,
previous to the time appointed, in a newspaper of
general circulation in the province.
But no newspaper publication shall be made where
the petition for probate has been filed by the
testatorhimself.
Section 4. Heirs, devisees, legatees, and executors
to be notified by mail or personally. — The court
shall also cause copies of the notice of the time and
place fixed for proving the will to be addressed to
the designated or other known heirs, legatees, and
devisees of the testator resident in the Philippines
at their places of residence, and deposited in the
post office with the postage thereon prepaid at least
twenty (20) days before the hearing, if such places
of residence be known. A copy of the notice must in
like manner be mailed to the person named as
executor, if he be not the petitioner; also, to any
person named as coexecutor not petitioning, if their
places of residence be known. Personal service of
copies of the notice at lest (10) days before the day
of hearing shall be equivalent to mailing.
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If the testator asks for the allowance of his own will,
notice shall be sent only to his compulsory heirs.
Section 5. Proof at hearing. What sufficient in
absence of contest. — At the hearing compliance
with the provisions of the last two preceding
sections must be shown before the introduction of
testimony in support of the will. All such testimony
shall be taken under oath and reduced to writing. It
no person appears to contest the allowance of the
will, the court may grant allowance thereof on the
testimony of one of the subscribing witnesses only,
if such witness testify that the will was executed as
is required by law.
In the case of a holographic will, it shall be
necessary that at least one witness who knows the
handwriting and signature of the testator explicitly
declare that the will and the signature are in the
handwriting of the testator. In the absence of any
such competent witness, and if the court deem it
necessary, expert testimony may be resorted to.
Section 6. Proof of lost or destroyed will. Certificate
thereupon. — No will shall be proved as a lost or
destroyed will unless the execution and validity of
the same be established, and the will is proved to
have been in existence at the time of the death of
the testator, or is shown to have been fraudulently
or accidentally destroyed in the lifetime of the
testator without his knowledge, nor unless its
provisions are clearly and distinctly proved by at
least two (2) credible witnesses. When a lost will is
proved, the provisions thereof must be distinctly
stated and certified by the judge, under the seal of
the court, and the certificate must be filed and
recorded as other wills are filed and recorded.
Section 7. Proof when witnesses do not reside in
province. — If it appears at the time fixed for the
hearing that none of the subscribing witnesses
resides in the province, but that the deposition of
one or more of them can be taken elsewhere, the
court may, on motion, direct it to be taken, and may
authorize a photographic copy of the will to be made
and to be presented to the witness on his
examination, who may be asked the same questions
with respect to it, and to the handwriting of the
testator and others, as would be pertinent and
competent if the original will were present.
Section 8. Proof when witnesses dead or insane or
do not reside in the Philippines. — If the appears at
the time fixed for the hearing that the subscribing
witnesses are dead or insane, or that
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
none of them resides in the Philippines, the court
may admit the testimony of other witnesses to
prove the sanity of the testator, and the due
execution of the will; and as evidence of the
execution of the will, it may admit proof of the
handwriting of the testator and of the subscribing
witnesses, or of any of them.
Section 9. Grounds for disallowing will. — The will
shall be disallowed in any of the following cases:
(a) If not executed and attested as required by law;
(b) If the testator was insane, or otherwise mentally
incapable to make a will, at the time of its
execution;
(c) If it was executed under duress, or the influence
of fear, or threats;
(d) If it was procured by undue and improper
pressure and influence, on the part of the
beneficiary, or of some other person for his benefit;
(e) If the signature of the testator was procured by
fraud or trick, and he did not intend that the
instrument should be his will at the time of fixing
his signature thereto.
Section 10. Contestant to file grounds of contest.
— Anyone appearing to contest the will must state
in writing his grounds for opposing its allowance,
and serve a copy thereof on the petitioner and other
parties interested in the estate.
Section 11. Subscribing witnesses produced or
accounted for where will contested. — If the will is
contested, all the subscribing witnesses, and the
notary in the case of wills executed under the Civil
Code of the Philippines, if present in the Philippines
and not insane, must be produced and examined,
and the death, absence, or insanity of any of them
must be satisfactorily shown to the court. If all or
some of such witnesses are present in the
Philippines but outside the province where the will
has been filed, their deposition must be taken. If
any or all of them testify against the due execution
of the will, or do not remember having attested to
it, or are otherwise of doubtful credibility, the will
may nevertheless, be allowed if the court is satisfied
from the testimony of other witnesses and from all
the evidence presented that the will was executed
and attested in the manner required by law.
If a holdgraphic will is contested, the same shall be
allowed if at least three (3) witnesses who know the
handwriting of the testator explicitly declare that
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the will and the signature are in the handwriting of
the testator; in the absence of any competent
witnesses, and if the court deem it necessary,
expert testimony may be resorted to.
Section 12. Proof where testator petitions for
allowance of holographic will. — Where the testator
himself petitions for the probate of his holographic
will and no contest is filed, the fact that the affirms
that the holographic will and the signature are in his
own handwriting, shall be sufficient evidence of the
genuineness and due execution thereof. If the
holographic will is contested, the burden of
disproving the genuineness and due execution
thereof shall be on the contestant. The testator to
rebut the evidence for the contestant.
Section 13. Certificate of allowance attached to
prove will. To be recorded in the Office of Register
of Deeds. — If the court is satisfied, upon proof
taken and filed, that the will was duly executed, and
that the testator at the time of its execution was of
sound and disposing mind, and not acting under
duress, menace, and undue influence, or fraud, a
certificate of its allowance, signed by the judge, and
attested by the seal of the court shall be attached
to the will and the will and certificate filed and
recorded by the clerk. Attested copies of the will
devising real estate and of certificate of allowance
thereof, shall be recorded in the register of deeds of
the province in which the lands lie.
RULE 77
Allowance of Will Proved Outside of
Philippines and Administration of Estate
Thereunder
Section 1. Will proved outside Philippines may be
allowed here. — Wills proved and allowed in a
foreign country, according to the laws of such
country, may be allowed, filed, and recorded by the
proper Court of First Instance in the Philippines.
Section 2. Notice of hearing for allowance. — When
a copy of such will and of the order or decree of the
allowance thereof, both duly authenticated, are filed
with a petition for allowance in the Philippines, by
the executor or other person interested, in the court
having jurisdiction, such court shall fix a time and
place for the hearing, and cause notice thereof to
be given as in case of an original will presented for
allowance.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
Section 3. When will allowed, and effect thereof. —
If it appears at the hearing that the will should be
allowed in the Philippines, the shall so allow it, and
a certificate of its allowance, signed by the judge,
and attested by the seal of the court, to which shall
be attached a copy of the will, shall be filed and
recorded by the clerk, and the will shall have the
same effect as if originally proves and allowed in
such court.
Section 4. Estate, how administered. — When a will
is thus allowed, the court shall grant letters
testamentary, or letters of administration with the
will annexed, and such letters testamentary or of
administration, shall extend to all the estate of the
testator in the Philippines. Such estate, after the
payment of just debts and expenses of
administration, shall be disposed of according to
such will, so far as such will may operate upon it;
and the residue, if any shall be disposed of as is
provided by law in cases of estates in the Philippines
belonging to persons who are inhabitants of another
state or country.
RULE 78
Letters Testamentary and of Administration,
When and to Whom Issued
Section 1. Who are incompetent to serve as
executors or administrators. — No person in
competent to serve as executor or administrator
who:
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the
duties of the trust by reason of drunkenness,
improvidence, or want of understanding or
integrity, or by reason of conviction of an offense
involving moral turpitude.
Section 2. Executor of executor not to administer
estate. — The executor of an executor shall not, as
such, administer the estate of the first testator.
Section 3. Married women may serve. — A married
woman may serve as executrix or administratrix,
and the marriage of a single woman shall not affect
her authority so to serve under a previous
appointment.
Section 4. Letters testamentary issued when will
allowed. — When a will has been proved and
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allowed, the court shall issue letters testamentary
thereon to the person named as executor therein, if
he is competent, accepts the trust, and gives bond
as required by these rules.
Section 5. Where some coexecutors disqualified
others may act. — When all of the executors named
in a will can not act because of incompetency,
refusal to accept the trust, or failure to give bond,
on the part of one or more of them, letters
testamentary may issue to such of them as are
competent, accept and give bond, and they may
perform the duties and discharge the trust required
by the will.
Section 6. When and to whom letters of
administration granted. — If no executor is named
in the will, or the executor or executors are
incompetent, refuse the trust, or fail to give bond,
or a person dies intestate, administration shall be
granted:
(a) To the surviving husband or wife, as the case
may be, or next of kin, or both, in the discretion of
the court, or to such person as such surviving
husband or wife, or next of kin, requests to have
appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case
may be, or next of kin, or the person selected by
them, be incompetent or unwilling, or if the husband
or widow, or next of kin, neglects for thirty (30)
days after the death of the person to apply for
administration or to request that administration be
granted to some other person, it may be granted to
one or more of the principal creditors, if may be
granted to one or more of the principal creditors, if
competent and willing to serve;
(c) If there is no such creditor competent and willing
to serve, it may be granted to such other person as
the court may select.
RULE 79
Opposing Issuance Of Letters Testamentary.
Petition And Contest For Letters Of
Administration
Section 1. Opposition to issuance of letters
testamentary. Simultaneous petition for
administration. — Any person interested in a will
may state in writing the grounds why letters
testamentary should not issue to the persons
named therein as executors, or any of them, and
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
the court, after hearing upon notice, shall pass upon
the sufficiency of such grounds. A petition may, at
the time, be filed for letters of administration with
the will annexed.
Section 2. Contents of petition for letters of
administration. — A petition for letters of
administration must be filed by an interested person
and must show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs,
and the names and residences of the creditors, of
the decedent;
(c) The probable value and character of the property
of the estate;
(d) The name of the person for whom letters of
administration are prayed.
But no defect in the petition shall render void the
issuance of letters of administration.
Section 3. Court to set time for hearing. Notice
thereof. — When a petition for letters of
administration is filed in the court having
jurisdiction, such court shall fix a time and place for
hearing the petition, and shall cause notice thereof
to be given to the known heirs and creditors of the
decedent, and to any other persons believed to have
an interest in the estate, in the manner provided in
sections 3 and 4 of Rule 76.
Section 4. Opposition to petition for
administration. — Any interested person may, by
filing a written opposition, contest the petition on
the ground of the incompetency of the person for
whom letters are prayed therein, or on the ground
of the contestant's own right to the administration,
and may pray that letters issue to himself, or to any
competent person or person named in the
opposition.
Section 5. Hearing and order for letters to issue. —
At the hearing of the petition, it must first be shown
that notice has been given as hereinabove required,
and thereafter the court shall hear the proofs of the
parties in support of their respective allegations,
and if satisfied that the decedent left no will, or that
there is no competent and willing executor, it shall
order the issuance of letters of administration to the
party best entitled thereto.
Section 6. When letters of administration granted
to any applicant. — Letters of administration may
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be granted to any qualified applicant, though it
appears that there are other competent persons
having better right to the administration, if such
persons fail to appear when notified and claim the
issuance of letters to themselves.
RULE 80
Special Administrator
Section 1. Appointment of special administrator. —
When there is delay in granting letters testamentary
or of administration by any cause including an
appeal from the allowance or disallowance of a will,
the court may appoint a special administrator to
take possession and charge of the estate of the
deceased until the questions causing the delay are
decided and executors or administrators appointed.
Section 2. Powers and duties of special
adminsitrator. — Such special administrator shall
take possession and charge of the goods, chattels,
rights, credits, and estate of the deceased and
preserve the same for the executors or
administrator afterwards appointed, and for that
purpose may commence and maintain suits as
administrator. He may sell only such perishable and
other property as the court orders sold. A special
administrator shall not be liable to pay any debts of
the deceased unless so ordered by the court.
Section 3. When powers of special administrator
cease. Transfer of effects. Pending suits. — When
letters testamentary or of administration are
granted on the estate of the deceased, the powers
of the special administrator shall cease, and he shall
forthwith deliver to the executor or administrator
the goods, chattels, money, and estate of the
deceased in his hands. The executor or
administrator may prosecute to final judgment suits
commenced by such special administrator.
RULE 81
Bond of Executors and Administrators
Section 1. Bond to be given issuance of
letters. Amount. Conditions. — Before an executor
or administrator enters upon the execution of his
trust, and letters testamentary or administration
issue, he shall give a bond, in such sum as the court
directs, conditioned as follows:
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
(a) To make and return to the court, within three
(3) months, a true and complete inventory of all
goods, chattels, rights, credits, and estate of the
deceased which shall come to his possession or
knowledge or to the possession of any other person
for him;
(b) To administer according to these rules, and, if
an executor, according to the will of the testator, all
goods, chattels, rights, credits, and estate which
shall at any time come to his possession or to the
possession of any other person for him, and from
the proceeds to pay and discharge all debts,
legacies, and charges on the same, or such
dividends thereon as shall be decreed by the court;
(c) To render a true and just account of his
administration to the court within one (1) years, and
at any other time when required by the court;
(d) To perform all orders of the court by him to be
performed.
Section 2. Bond of executor where directed in
will. When further bond required. — If the testator
in his will directs that the executors serve without
bond, or with only his individual bond, he may be
allowed by the court to give bond in such sum and
with such surety as the court approves conditioned
only to pay the debts of the testator; but the court
may require of the executor a further bond in case
of a change in his circumstance, or for other
sufficient case, with the conditions named in the last
preceding section.
Section 3. Bonds of joint executors and
administrators. — When two or more persons are
appointed executors or administrators the court
may take a separate bond from each, or a joint bond
from all.
Section 4. Bond of special administrator. — A
special administrator before entering upon the
duties of his trust shall give a bond, in such sum as
the court directs, conditioned that he will make and
return a true inventory of the goods, chattels,
rights, credits, and estate of the deceased which
come to his possession or knowledge, and that he
will truly account for such as are received by him
when required by the court, and will deliver the
same to the person appointed executor or
administrator, or to such other person as may be
authorized to receive them.
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RULE 82
Revocation of Administration, Death,
Resignation, and Removal of Executors or
Administrators
Section 1. Administration revoked if will
discovered. Proceedings thereupon. — If after
letters of administration have been granted on the
estate of a decedent as if he had died intestate, his
will is proved and allowed by the court, the letters
of administration shall be revoked and all powers
thereunder cease, and the administrator shall
forthwith surrender the letters to the court, and
render his account with such time as the court
directs. Proceeding for the issuance of letters
testamentary or of administration under the will
shall be as hereinbefore provided.
Section 2. Court may be remove or accept
resignation of executor or administrator. Proceeding
upon death, resignation, or removal. — If an
executor or administrator neglects to render his
account and settle the estate according to law, or to
perform an order or judgment of the court, or a duty
expressly provided by these rules, or absconds, or
becomes insane, or otherwise incapable or
insuitable to discharge the trust, the court may
remove him, or in its discretion, may permit him to
resign. When an executor or administrator dies,
resign, or is removed the remaining executor or
administrator may administer the the trust alone,
unless the court grants letters to someone to act
with him. If there is no remaining executor or
administrator, administration may be to any
suitable person.
Section 3. Acts before revocation, resignation, or
removal to be valid. — The lawful acts of an
executor or administrator before the revocation of
his letters testamentary or of administration, or
before his resignation or removal, shall have the like
validity as if there had been no such revocation,
resignation, or removal.
Section 4. Powers of new executor or
administrator. Renewal of license to sell real estate.
— The person to whom letters testamentary or of
administration are granted after the revocation of
former letters, or the death, resignation, or removal
of a former executor or administrator, shall have the
like powers to collect and settle the estate not
administered that the former executor or
administrator had, and may prosecute or defend
actions commenced by or against the former
executor or administrator, and have execution on
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Judge Marlo Malagar
judgments recovered in the name of such former
executor or administrator. An authority granted by
the court to the former executor or administrator
for the sale or mortgage of real estate may be
renewed in favor of such person without further
notice or hearing.
RULE 83
Inventory and Appraisal. Provision for
Support of Family
Section 1. Inventory and appraisal to be returned
within three months. — Within three (3) months
after his appointment every executor or
administrator shall return to the court a true
inventory and appraisal of all real and personal
estate of the deceased which has come into his
possession or knowledge. In the appraisement of
such estate, the court may order one or more of the
inheritance tax appraisers to give his or their
assistance.
Section 2. Certain article not to be inventoried. —
The wearing apparel of the surviving husband or
wife and minor children., the marriage bed and
bedding, and such provisions and other articles as
will necessarily be consumed in the substinence of
the family of the deceased, under the direction of
the court, shall not be considered as assets, nor
administered as such, and shall not be included in
the inventory.
Section 3. Allowance to widow and family. — The
widow and minor or incapacitated children of a
deceased person, during the settlement of the
estate, shall receive therefrom, under the direction
of the court, such allowance as are provided by law.
RULE 84
General Powers and Duties of Executors and
Administrators
Section 1. Executor or administrator to have
access to partnership books and property. How right
enforced. — The executor or administrator of the
estate of a deceased partner shall at all times have
access to, and may examine and take copies of,
books and papers relating to the partnership
business, and make examine and make invoices of
the property belonging to such partnership; and the
surviving partner or partners, on request, shall
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exhibit to him all such books, papers, and property
in their hands or control. On the written application
of such executor or administrator, the court having
jurisdiction of the estate may order any such
surviving partner or partners to freely permit the
exercise of the rights, and to exhibit the books,
papers, and property, as in this section provided,
and may punish any partner failing to do so for
contempt.
Section 2. Executor or administrator to keep
buildings in repair. — An executor or administrator
shall maintain in tenanble repair the houses and
other structures and fences belonging to the estate,
and deliver the same in such repair to the heirs or
devisees when directed so to do by the court.
Section 3. Executor or administrator to retain
whole estate to pay debts, and to administer estate
not willed. — An executor or administrator shall
have the right to the possession and management
of the real as well as the personal estate of the
deceased so long as it is necessary for the payment
of the debts and the expenses of administration.
RULE 85
Accountability and Compensation of
Executors and Administrators
Section 1. Executor or administrator chargeable
with all estate and income. — Except as otherwise
expressly provided in the following sections, every
executor or administrator is chargeable in his
account with the whole of the estate of the deceased
which has come into his possession, at the value of
the appraisement contained in the inventory; with
all the interest, profit, and income of such estate;
and with the proceeds of so much of the estate as
is sold by him, at the price at which it was sold.
Section 2. Not to profit by increase or lose by
decrease in value. — No executor or administrator
shall profit by the increase, or suffer loss by the
decrease or destruction, without his fault, of any
part of the estate. He must account for the excess
when he sells any part of the estate for more than
the appraisement, and if any is sold for the less than
the appraisement, he is not responsible for the loss,
if the sale has justly made. If he settles any claim
against the estate for less than its nominal value,
he is entitled to charge in his account only the
amount he actually paid on the settlement.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
Section 3. When not accountable for debts due
estate. — No executor or administrator shall be
accountable for debts due the deceased which
remain uncollected without his fault.
Section 4. Accountable for income from realty used
by him. — If the executor or administrator uses or
occupies any part of the real estate himself, he shall
account for it as may be agreed upon between him
and the parties interested, or adjusted by the court
with their assent; and if the parties do not agree
upon the sum to be allowed, the same may be
ascertained by the court, whose determination in
this respect shall be final.
Section 5. Accountable if he neglects or delays to
raise or pay money. — When an executor or
administrator neglects or unreasonably delays to
raise money, by collecting the debts or selling the
real or personal estate of the deceased, or neglects
to pay over the money he has in his hands, and the
value of the estate is thereby lessened or
unnecessary cost or interest accrues, or the persons
interested suffer loss, the same shall be deemed
waste and the damage sustained may be charged
and allowed against him in his account, and he shall
be liable therefor on his bond.
Section 6. When allowed money paid as cost. —
The amount paid by an executor or administrator
for costs awarded against him shall be allowed in
his administration account, unless it appears that
the action or proceeding in which the costs are
taxed was prosecuted or resisted without just
cause, and not in good faith.
Section 7. What expenses and fees allowed
executor or administrator. Not to charge for
services as attorney. Compensation provided by will
controls unless renounced. — An executor or
administrator shall be allowed the necessary
expenses the care, management, and settlement of
the estate, and for his services, four pesos per day
for the time actually and necessarily employed, or a
commission upon the value of so much of the estate
as comes into his possession and is finally disposed
of by him in the payment of debts, expenses,
legacies, or distributive shares, or by delivery to
heirs or devisees, of two per centum of the first five
thousand pesos of such value, oneper centum of so
much of such value as exceeds five thousand pesos
and does not exceed thirty thousand pesos, one-
half per centum of so much of such value as exceed
one hundred thousand pesos. But in any special
case, where the estate is large, and the settlement
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 SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar

has been attended with great difficulty, and has Section 11. Surety on bond may be party to
required a high degree of capacity on the part of the accounting. — Upon the settlement of the account
executor or administrator, a greater sum may be of an executor or administrator, a person liable as
allowed. If objection to the fees allowed be taken, surety in respect to such account may, upon
the allowance may be re-examined on appeal. application, be admitted as party to such
accounting.
If there are two or more executors or
administrators, the compensation shall be
apportioned among them by the court according to
RULE 86
the services actually rendered by them respectively.
Claims Against Estate
When the executors or administrator is an attorney,
he shall not charge against the estate any Section 1. Notice to creditors to be issued by court.
professional fees for legal services rendered by him. — Immediately after granting letters testamentary
or of administration, the court shall issue a notice
When the deceased by will makes some other
requiring all persons having money claims against
provision for the compensation of his executor, that
the decedent to file them in the office of the clerk of
provision shall be a full satisfaction for his services
said court.
unless by a written instrument filed in the court he
renounces all claim to the compensation provided Section 2. Time within which claims shall be filed.
by the will. — In the notice provided in the preceding section,
the court shall estate the time for the filing of claims
Section 8. When executor or administrator to
against the estate, which shall not be more than
render account. — Every executor or administrator
twelve (12) not less than six (6) months after the
shall render an account of his administration within
date of the first publication of the notice. However,
one (1) year from the time of receiving letters
at any time before an order of distribution is
testamentary or of administration, unless the court
entered, on application of a creditor who has failed
otherwise directs because of extensions of time for
to file his claim within the previously limited, the
presenting claims against, or paying the debts of,
court may, for cause shown and on such terms as
the estate, or for disposing of the estate; and he
are equitable, allow such claim to be filed within a
shall render such further accounts as the court may
time not exceeding one (1) month.
require until the estate is wholly settled.
Section 3. Publication of notice to creditors. —
Section 9. Examinations on oath with respect to
Every executor or administrator shall, immediately
account — The court may examine the executor or
after the notice to creditors is issued, cause the
administrator upon oath with respect to every
same to be published three (3) weeks successively
matter relating to any account rendered by him, and
in a newspaper of general circulation in the
shall so examine him as to the correctness of his
province, and to be posted for the same period in
account before the same is allowed, except when no
four public places in the province and in two public
objection is made to the allowance of the account
places in the municipality where the decedent last
and its correctness is satisfactorily established by
resided.
competent proof. The heirs, legatees, distributees,
and creditors of the estate shall have the same Section 4. Filing of copy of printed notice. — Within
privilege as the executor or administrator of being ten (10) days after the notice has been published
examined on oath on any matter relating to an and posted in accordance with the preceding
administration account. section, the executor or administrator shall file or
cause to be filed in the court a printed copy of the
Section 10. Account to be settled on notice. —
notice accompanied with an affidavit setting forth
Before the account of an executor or administrator
the dates of the first and last publication thereof and
is allowed, notice shall be given to persons
the name of the newspaper in which the same is
interested of the time and place of examining and
printed.
allowing the same; and such notice may be given
personally to such persons interested or by Section 5. Claims which must be filed under the
advertisement in a newspaper or newspapers, or notice. If not filed, barred; exceptions. — All claims
both, as the court directs. for money against the decent, arising from contract,
express or implied, whether the same be due, not

Page 10 of 53

due, or contingent, all claims for funeral expenses
and expense for the last sickness of the decedent,
and judgment for money against the decent, must
be filed within the time limited in the notice;
otherwise they are barred forever, except that they
may be set forth as counterclaims in any action that
the executor or administrator may bring against the
claimants. Where an executor or administrator
commences an action, or prosecutes an action
already commenced by the deceased in his lifetime,
the debtor may set forth by answer the claims he
has against the decedent, instead of presenting
them independently to the court as herein provided,
and mutual claims may be set off against each other
in such action; and if final judgment is rendered in
favor of the defendant, the amount so determined
shall be considered the true balance against the
estate, as though the claim had been presented
directly before the court in the administration
proceedings. Claims not yet due, or contingent, may
be approved at their present value.
Section 6. Solidary obligation of decedent. —
Where the obligation of the decedent is solidary with
another debtor, the claim shall be filed against the
decedent as if he were the only debtor, without
prejudice to the right of the estate to recover
contribution from the debtor. In a joint obligation of
the decedent, the claim shall be confined to the
portion belonging to him.
Section 7. Mortgage debt due from estate. — A
creditor holding a claim against the deceased
secured by mortgage or other colateral security,
may abandon the security and prosecute his claim
in the manner provided in this rule, and share in the
general distribution of the assets of the estate; or
he may foreclose his mortgage or realize upon his
security, by action in court, making the executor or
administrator a party defendant, and if there is a
judgment for a deficiency, after the sale of the
mortgaged premises, or the property pledged, in
the foreclosure or other proceeding to realize upon
the security, he may claim his deficiency judgment
in the manner provided in the preceding section or
he may rely upon his mortgage or other security
alone, and foreclosure the same at any time within
the period of the statute of limitations, and in that
event he shall not be admitted as a creditor, and
shall receive no share in the distribution of the other
assets of estate; but nothing herein contained shall
prohibit the executor or administrator from
redeeming the property mortgaged or pledged, by
paying the debt for which it is held as security,
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Judge Marlo Malagar
under the direction of the court, if the court shall
adjudge it to be for the best interest of the estate
that such redemption shall be made.
Section 8. Claim of executor or administrator
against an estate. — If the executor or
administrator has a claim against the estate he
represents, he shall give notice thereof, in writing,
to the court, and the court shall appoint a special
administrator, who shall, in the adjustment of such
claim, have the same power and be subject to the
same liability as the general administrator or
executor in the settlement of other claims. The
court may order the executor or administrator to
pay to the special administrator necessary funds to
defend such claim.
Section 9. How to file a claim. Contents thereof.
Notice to executor or administrator. — A claim may
be filed by delivering the same with the necessary
vouchers to the clerk of court and by serving a copy
thereof on the executor or administrator. If the
claim be founded on a bond, bill, note, or any other
instrument, the original need not be filed, but a
copy thereof with all indorsements shall be attached
to the claim and filed therewith. On demand,
however, of the executor or administrator, or by
order of the court or judge, the original shall be
exhibited, unless it be list or destroyed, in which
case the claimant must accompany his claim with
affidavit or affidavits containing a copy or particular
description of the instrument and stating its loss or
destruction. When the claim is due, it must be
supported by affidavit stating the amount justly
due, that no payments have been made thereon
which are not credited, and that there are no offsets
to the same, to the knowledge of the affiant. If the
claim is not due, or is contingent, when filed, it must
also be supported by affidavits stating the
particulars thereof. When the affidavit is made by a
person other than the claimant, he must set forth
therein the reason why it is not made by the
claimant. The claim once filed shall be attached to
the record of the case in which the letters
testamentary or of administration were issued,
although the court, in its discretion, and as a matter
of convenience, may order all the claims to be
collected in a separate folder.
Section 10. Answer of executor or
administrator. Offsets —Within fifteen (15) days
after service of a copy of the claim on the executor
or administrator, he shall file his answer admitting
or denying the claim specifically, and setting forth
the admission or denial. If he has no knowledge
Page 11 of 53

sufficient to enable him to admit or deny
specifically, he shall state such want of knowledge.
The executor or administrator in his answer shall
allege in offset any claim which the decedent before
death had against the claimant, and his failure to do
so shall bar the claim forever. A copy of the answer
shall be served by the executor or administrator on
the claimant. The court in its discretion may extend
the time for filing such answer.
Section 11. Disposition of admitted claim. — Any
claim admitted entirely by the executor or
administrator shall immediately be submitted by the
clerk to the court who may approve the same
without hearing; but the court, in its discretion,
before approving the claim, may order that known
heirs, legatees, or devisees be notified and heard.
If upon hearing, an heir, legatees, or devisee
opposes the claim, the court may, in its discretion,
allow him fifteen (15) days to file an answer to the
claim in the manner prescribed in the preceding
section.
Section 12. Trial of contested claim. — Upon the
filing of an answer to a claim, or upon the expiration
of the time for such filing, the clerk of court shall set
the claim for trial with notice to both parties. The
court may refer the claim to a commissioner.
Section 13. Judgment appealable. — The judgment
of the court approving or disapproving a claim, shall
be filed with the record of the administration
proceedings with notice to both parties, and is
appealable as in ordinary cases. A judgment against
the executor or administrator shall be that he pay,
in due course of administration, the amount
ascertained to be due, and it shall not create any
lien upon the property of the estate, or give to the
judgment creditor any priority of payment.
Section 14. Costs. — When the executor or
administrator, in his answer, admits and offers to
pay part of a claim, and the claimant refuses to
accept the amount offered in satisfaction of his
claim, if he fails to obtain a more favorable
judgment, he cannot recover costs, but must pay to
the executor or administrator costs from the time of
the offer. Where an action commenced against the
deceased for money has been discontinued and the
claim embraced therein presented as in this rule
provided, the prevailing party shall be allowed the
costs of his action up to the time of its
discontinuance.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
RULE 87
Actions By and Against Executors and
Administrators
Section 1. Actions which may and which may not
be brought against executor or administrator. — No
action upon a claim for the recovery of money or
debt or interest thereon shall be commenced
against the executor or administrator; but to
recover real or personal property, or an interest
therein, from the estate, or to enforce a lien
thereon, and actions to recover damages for an
injury to person or property, real or personal, may
be commenced against him.
Section 2. Executor or administrator may bring or
defend actions which survive. — For the recovery or
protection of the property or rights of the deceased,
an executor or administrator may bring or defend,
in the right of deceased, actions for causes which
survive.
Section 3. Heir may not sue until shall assigned —
When an executor or administrator is appointed and
assumes the trust, no action to recover the title or
possession of lands or for damages done to such
lands shall be maintained against him by an heir or
devisee until there is an order of the court assigning
such lands to such heir or devisee or until the time
allowed for paying debts has expired.
Section 4. Executor or administrator may
compound with debtor. — Within the approval of the
court, an executor or administrator may compound
with the debtor of the deceased for a debt due, and
may give a discharge of such debt on receiving a
just dividend of the estate of the debtor.
Section 5. Mortgage due estate may be foreclosed.
— A mortgage belonging to the estate of a deceased
person, as mortgagee or assignee of the right or a
mortgage, may be foreclosed by the executor or
administrator.
Section 6. Proceedings when property concealed,
embezzled, or fraudulently conveyed. — If an
executor or administrator, heir, legatee, creditor or
other individual interested in the estate of the
deceased, complains to the court having jurisdiction
of the estate that a person is suspected of having
concealed, embezzled, or conveyed away any of the
money, goods, or chattels of the deceased, or that
such person has in his possession or has knowledge
of any deed, conveyance, bond, contract, or other
writing which contains evidence of or tends or
Page 12 of 53

discloses the right, title, interest, or claim of the
deceased, the court may cite such suspected person
to appear before it any may examine him on oath
on the matter of such complaint; and if the person
so cited refuses to appear, or to answer on such
examination or such interrogatories as are put to
him, the court may punish him for contempt, and
may commit him to prison until he submits to the
order of the court. The interrogatories put any such
person, and his answers thereto, shall be in writing
and shall be filed in the clerk's office.
Section 7. Person entrusted with estate compelled
to render account. — The court, on complaint of an
executor or administrator, may cite a person
entrusted by an executor or administrator with any
part of the estate of the deceased to appear before
it, and may require such person to render a full
account, on oath, of the money, goods, chattels,
bonds, account, or other papers belonging to such
estate as came to his possession in trust for such
executor or administrator, and of his proceedings
thereon; and if the person so cited refuses to appear
to render such account, the court may punish him
for contempt as having disobeyed a lawful order of
the court.
Section 8. Embezzlement before letters issued —
If a person, before the granting of letters
testamentary or of administration on the estate of
the deceased, embezzles or alienates any of the
money, goods, chattels, or effects of such
deceased, such person shall be liable to an action in
favor of the executor or administrator of the estate
for double the value of the property sold,
embezzled, or alienated, to be recovered for the
benefit of such estate.
Section 9. Property fraudulently conveyed by
deceased may be recovered. When executor or
administrator must bring action. — When there is a
deficiency of assets in the hands of an executor or
administrator for the payment of debts and
expenses of administration, and the deceased in his
lifetime had conveyed real or personal property, or
a right or interest therein, or an debt or credit, with
intent to defraud his creditors or to avoid any right,
debt, or duty; or had so conveyed such property,
right, interest, debt or credit that by law the
conveyance would be void as against his creditors,
and the subject of the attempted conveyance would
be liable to attachment by any of them in his
lifetime, the executor or administrator may
commence and prosecute to final judgment an
action for the recovery of such property, right,
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
interest, debt, or credit for the benefit of the
creditors; but he shall not be bound to commence
the action unless on application of the creditors of
the deceased, not unless the creditors making the
application pay such part of the costs and expenses,
or give security therefor to the executor or
administrator, as the court deems equitable.
Section 10. When creditor may bring action. Lien
for costs. — When there is such a deficiency of
assets, and the deceased in his lifetime had made
or attempted such a conveyance, as is stated in the
last preceding section, and the executor or
administrator has not commenced the action
therein provided for, any creditor of the estate may,
with the permission of the court, commence and
prosecute to final judgment, in the name of the
executor or administrator, a like action for the
recovery of the subject of the conveyance or
attempted conveyance for the benefit of the
creditors. But the action shall not be commenced
until the creditor has filed in a court a bond
executed to the executor or administrator, in an
amount approved by the judge, conditioned to
indemnify the executor or administrator against the
costs and expenses incurred by reason of such
action. Such creditor shall have a lien upon any
judgment recovered by him in the action for such
costs and other expenses incurred therein as the
court deems equitable. Where the conveyance or
attempted conveyance had been made by the
deceased in his lifetime in favor of the executor or
administrator, the action which a credit may bring
shall be in the name of all the creditors, and
permission of the court and filing of bond as above
prescribed, are not necessary.
RULE 88
Payment of the Debts of the Estate
Section 1. Debts paid in full if estate sufficient. —
If, after hearing all the money claims against the
estate, and after ascertaining the amount of such
claims, it appears that there are sufficient assets to
pay the debts, the executor or administrator pay the
same within the time limited for that purpose.
Section 2. Part of estate from which debt paid
when provision made by will. — If the testator
makes provision by his will, or designates the estate
to be appropriated for the payment of his debts, the
expenses of administration, or the family expenses,
they shall be paid according to the provisions of the
Page 13 of 53

will; but if the provision made by the will or the
estate appropriated, is not sufficient for that
purpose, such part of the estate of the testator, real
or personal, as is not disposed of by will, if any shall
be appropriated for that purpose.
Section 3. Personalty first chargeable for debts,
then realty. — The personal estate of the deceased
not disposed of by will shall be first chargeable with
the payment of debts and expenses; and if said
personal estate is not sufficient for tat purpose, or
its sale would redound to the detriment of the
participants for the estate, the whole of the real
estate not dispose of by will, or so much thereof as
is necessary, may be sold, mortgaged, or otherwise
encumbered for that purpose by the executor or
administrator, after obtaining the authority of the
court therefor. Any deficiency shall be met by
contributions in accordance with the provisions of
section 6 of this rule.
Section 4. Estate to be retained to meet contingent
claims. — If the court is satisfied that a contingent
claim duly filed is valid, it may order the executor
or administrator to retain in his hands sufficient
estate to pay such contingent claim when the same
becomes absolute, or if the estate is insolvent,
sufficient to pay a portion equal to the dividend of
the other creditors.
Section 5. How contingent claim becoming
absolute in two years allowed and paid. Action
against distributees later. — If such contingent
claim becomes absolute and is presented to the
court, or to the executor or administrator, within
two (2) years from the time limited for other
creditors to present their claims, it may be allowed
by the court if not disputed by the executor or
administrator and, if disputed, it may be proved and
allowed or disallowed by the court as the facts may
warrant. If the contingent claim is allowed, the
creditor shall receive payment to the same extent
as the other creditors if the estate retained by the
executor or administrator is sufficient. But if the
claim is not so presented, after having become
absolute, within said two (2) years, and allowed, the
assets retained in the hands of the executor or
administrator, not exhausted in the payment of
claims, shall be disturbed by the order of the court
to the persons entitled to the same; but the assets
so distributed may still be applied to the payment
of the claim when established, and the creditor may
maintain an action against the distributees to
recover the debt, and such distributees and their
estates shall be liable for the debt in proportion to
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
the estate they have respectively received from the
property of the deceased.
Section 6. Court to fix contributive shares where
devisees, legalitees, or heirs have been possession.
— Where devisees, legalitees, or heirs have entered
into possession of portions of the estate before the
debts and expenses have been settled and paid, and
have become liable to contribute for the payment of
such debts and expenses, the court having
jurisdiction of the estate may, by order for that
purpose, after hearing, settle the amount of their
several liabilities, and order how much and in what
manner each person shall contribute, and may issue
execution as circumstances require.
Section 7. Order of payment if estate insolvent —
If the assets which can be appropriated for the
payment of debts are not sufficient for that purpose,
the executor or administrator shall pay the debts
against the estate, observing the provisions of
Articles 1059 and 2239 to 2251 of the Civil Code.
Section 8. Dividends to be paid in proportion to
claims. — If there are no assets sufficient to pay the
credits of any once class of creditors after paying
the credits entitled to preference over it, each
creditor within such class shall be paid a dividend in
proportion to his claim. No creditor of any one class
shall receive any payment until those of the
preceding class are paid.
Section 9. Estate of insolvent non-resident, how
disposed of. — In case administration is taken in the
Philippine of the estate of a person who was at the
time of his death an inhabitant of another country,
and who died insolvent, hi estate found in the
Philippines shall, as far as practicable, be so
disposed of that his creditors here and elsewhere
may receive each an equal share, in proportion to
their respective credits.
Section 10. When and how claim proved outside
the Philippines against insolvent resident's estate
paid. — If it appears to the court having jurisdiction
that claims have been duly proven in another
country against the estate of an insolvent who was
at the time of his death an inhabitant of the
Philippines, and that the executor or administrator
in the Philippines had knowledge of the presentation
of such claims in such country and an opportunity
to contest their allowance, the court shall receive a
certified list of such claims, when perfected in such
country, and add the same to the list of claims
proved against the deceased person in the
Philippines so that a just distribution of the whole
Page 14 of 53

estate may be made equally among all its creditors
according to their respective claims; but the benefit
of this and the preceding sections shall not be
extended to the creditors in another country if the
property of such deceased person there found is not
equally apportioned to the creditors residing in the
Philippines and the other creditor, according to their
respective claims.
Section 11. Order for payment of debts. — Before
the expiration of the time limited for the payment
of the debts, the court shall order the payment
thereof, and the distribution of the assets received
by the executor or administrator for that purpose
among the creditors, as the circumstances of the
estate require and in accordance with the provisions
of this rule.
Section 12. Orders relating to payment of debts
where appeal is taken. — If an appeal has been
taken from a decision of the court concerning a
claim, the court may suspend the order for the
payment of the debts or may order the distributions
among the creditors whose claims are definitely
allowed, leaving in the hands of the executor or
administrator sufficient assets to pay the claim
disputed and appealed. When a disputed claim is
finally settled the court having jurisdiction of the
estate shall order the same to be paid out of the
assets retained to the same extent and in the same
proportion with the claims of other creditors.
Section 13. When subsequent distribution of
assets ordered. — If the whole of the debts are not
paid on the first distribution, and if the whole assets
are not distributed, or other assets afterwards come
to the hands of the executor or administrator, the
court may from time to time make further orders
for the distributions of assets.
Section 14. Creditors to be paid in accordance with
terms of order. — When an order is made for the
distribution of assets among the creditors, the
executor or administration shall, as soon as the time
of payment arrives, pay the creditors the amounts
of their claims, or the dividend thereon, in
accordance with the terms of such order.
Section 15. Time for paying debts and legacies
fixed, or extended after notice, within what periods.
— On granting letters testamentary or
administration the court shall allow to the executor
or administrator a time for disposing of the estate
and paying the debts and legacies of the deceased,
which shall not, in the first instance, exceed one (1)
year; but the court may, on application of the
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Judge Marlo Malagar
executor or administrator and after hearing on such
notice of the time and place therefor given to all
persons interested as it shall direct, extend the time
as the circumstances of the estate require not
exceeding six (6) months for a single extension not
so that the whole period allowed to the original
executor or administrator shall exceed two (2)
years.
Section 16. Successor of dead executor or
administrator may have time extended on notice
within certain period. — When an executor or
administrator dies, and a new administrator of the
same estate is appointed, the court may extend the
time allowed for the payment of the debts or
legacies beyond the time allowed to the original
executor or administrator, not exceeding six (6)
months at a time and not exceeding six (6) months
beyond the time which the court might have allowed
to such original executor or administrator; and
notice shall be given of the time and place for
hearing such application, as required in the last
preceding section.
RULE 89
Sales, Mortgages, and Other Encumbrances of
Property of Decedent
Section 1. Order of sale of personalty. — Upon the
application of the executor or administrator, and on
written notice to the heirs and other persons
interested, the court may order the whole or a part
of the personal estate to be sold, if it appears
necessary for the purpose of paying debts,
expenses of administration, or legacies, or for the
preservation of the property.
Section 2. When court may authorize sale,
mortgage, or other encumbrance of realty to pay
debts and legacies through personalty not
exhausted. — When the personal estate of the
deceased is not sufficient to pay the debts,
expenses of administration, and legacies, or where
the sale of such personal estate may injure the
business or other interests of those interested in the
estate, and where a testator has not otherwise
made sufficient provision for the payment of such
debts, expenses, and legacies, the court, on the
application of the executor or administrator and on
written notice of the heirs, devisees, and legatees
residing in the Philippines, may authorize the
executor or administrator to sell, mortgage, or
otherwise encumber so much as may be necessary
Page 15 of 53

of the real estate, in lieu of personal estate, for the
purpose of paying such debts, expenses, and
legacies, if it clearly appears that such sale,
mortgage, or encumbrance would be beneficial to
the persons interested; and if a part cannot be sold,
mortgaged, or otherwise encumbered without
injury to those interested in the remainder, the
authority may be for the sale, mortgage, or other
encumbrance of the whole of such real estate, or so
much thereof as is necessary or beneficial under the
circumstances.
Section 3. Persons interested may prevent such
sale, etc., by giving bond. — No such authority to
sell, mortgage, or otherwise encumber real or
personal estate shall be granted if any person
interested in the estate gives a bond, in a sum to be
fixed by the court, conditioned to pay the debts,
expenses of administration, and legacies within
such time as the court directs; and such bond shall
be for the security of the creditors, as well as of the
executor or administrator, and may be prosecuted
for the benefit of either.
Section 4. When court may authorize sale of estate
as beneficial to interested persons. Disposal of
proceeds. — When it appears that the sale of the
whole or a part of the real or personal estate, will
be beneficial to the heirs, devisees, legatees, and
other interested persons, the court may, upon
application of the executor or administrator and on
written notice to the heirs, devisees, and legatees
who are interested in the estate to be sold,
authorize the executor or administrator to sell the
whole or a part of said estate, although not
necessary to pay debts, legacies, or expenses of
administration; but such authority shall not be
granted if inconsistent with the provisions of a will.
In case of such sale, the proceeds shall be assigned
to the persons entitled to the estate in the proper
proportions.
Section 5. When court may authorize sale,
mortgage, or other encumbrance of estate to pay
debts and legacies in other countries. — When the
sale of personal estate, or the sale, mortgage, or
other encumbrance of real estate is not necessary
to pay the debts, expenses of administration, or
legacies in the Philippines, but it appears from
records and proceedings of a probate court in
another country that the estate of the deceased in
such other country is not sufficient to pay the debts,
expenses of administration, and legacies there, the
court here may authorize the executor or
administrator to sell the personal estate or to sell,
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
mortgage, or otherwise encumber the real estate
for the payment of debts or legacies in the other
country, in same manner as for the payment of
debts or legacies in the Philippines.
Section 6. When court may authorize sale,
mortgage, or other encumbrance of realty acquired
on execution or foreclosure. — The court may
authorize an executor or administrator to sell
mortgage, or otherwise encumber real estate
acquired by him on execution or foreclosure sale,
under the same cicumstances and under the same
regulations as prescribed in this rule for the sale,
mortgage, or other encumbrance of other real
estate.
Section 7. Regulation for granting authority to sell,
mortgage, or otherwise encumber estate. — The
court having jurisdiction of the estate of the
deceased may authorize the executor or
administrator to sell personal estate, or to sell,
mortgage, or otherwise encumber real estate, in
cases provided by these rules and when it appears
necessary or beneficial under the following
regulations.
(a) The executor or administrator shall file a written
petition setting forth the debts due from the
deceased, the expenses of administration, the
legacies, the value of the personal estate, the
situation of the estate to be sold, mortgaged, or
otherwise encumbered, and such other facts as
show that the sale, mortgage, or other
encumbrance is necessary or beneficial.
(b) The court shall thereupon fix a time and place
for hearing such petition, and cause notice stating
the nature of the petition, the reasons for the same,
and the time and place of hearing, to be given
personally or by mail to the persons interested, and
may cause such further notice to be given, by
publication or otherwise, as it shall deem proper;
(c) If the court requires it, the executor or
administrator shall give an additional bond, in such
sum as the court directs, conditioned that such
executor or administrator will account for the
proceeds of the sale, mortgage, or other
encumbrance;
(d) If the requirements in the preceding
subdivisions of this section have been complied
with, the court, by order stating such compliance,
may authorize the executor or administrator to sell,
mortgage, or otherwise encumber, in proper cases,
such part of the estate as is deemed necessary, and
Page 16 of 53

in case of sale the court may authorize it to be public
or private, as would be most beneficial to all parties
concerned. The executor or administrator shall be
furnished with a certified copy of such order;
(e) If the estate is to be sold at auction, the mode
of giving notice of the time and place of the sale
shall be governed by the provisions concerning
notice of execution sale;
(f) There shall be recorded in the registry of deeds
of the province in which the real estate thus sold,
mortgage, or otherwise encumbered is situated, a
certified copy of the order of the court, together
with the deed of the executor or administrator for
such real estate, which shall be as valid as if the
deed had been executed by the deceased in his
lifetime.
Section 8. When court may authorize conveyance
of realty which deceased contracted to
convey. Notice. Effect of deed. — Where the
deceased was in his lifetime under contract, binding
in law, to deed real property, or an interest therein,
the court having jurisdiction of the estate may, on
application for that purpose, authorize the executor
or administrator to convey such property according
to such contract, or with such modifications as are
agreed upon by the parties and approved by the
court; and if the contract is to convey real property
to the executor or administrator, the clerk of court
shall execute the deed. The deed executed by such
executor, administrator, or clerk of court shall be as
affectual to convey the property as if executed by
the deceased in his lifetime; but no such
conveyance shall be authorized until notice of the
application for that purpose has been given
personally or by mail to all persons interested, and
such further notice has been given, by publication
or otherwise, as the court deems proper; nor if the
assets in the hands of the executor or administrator
will thereby be reduced so as to prevent a creditor
from receiving his full debt or diminish his dividend.
Section 9. When court may authorize conveyance
of lands which deceased held in trust. — Where the
deceased in his lifetime held real property in trust
for another person, the court may after notice given
as required in the last preceding section, authorize
the executor or administrator to deed such property
to the person, or his executor or administrator, for
whose use and benefit it was so held; and the court
may order the execution of such trust, whether
created by deed or by law.
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Judge Marlo Malagar
RULE 90
Distribution and Partition of the Estate
Section 1. When order for distribution of reside
made. — When the debts, funeral charges, and
expenses of administration, the allowance to the
widow, and inheritance tax, if any, chargeable to
the estate in accordance with law, have been paid,
the court, on the application of the executor or
administrator, or of a person interested in the
estate, and after hearing upon notice, shall assign
the residue of the estate to the persons entitled to
the same, naming them and the proportions, or
parts, to which each is entitled, and such persons
may demand and recover their respective shares
from the executor or administrator, or any other
person having the same in his possession. If there
is a controversy before the court as to who are the
lawful heirs of the deceased person or as the
distributive shares to which each person is entitled
under the law, the controversy shall be heard and
decided as in ordinary cases.
No distribution shall be allowed until the payment of
the obligations above mentioned has been made or
provided for, unless the distributees, or any of
them, give a bond, in a sum to be fixed by the court,
conditioned for the payment of said obligations
within such time as the court directs.
Section 2. Questions as to advancement to be
determined. — Questions as to advancement made,
or alleged to have been made, by the deceased to
any heir may be heard and determined by the court
having jurisdiction of the estate proceedings; and
the final order of the court thereon shall be binding
on the person raising the questions and on the heir.
Section 3. By whom expenses of partition paid. —
If at the time of distribution the executor or
administrator has retained sufficient effects in his
hands which may lawfully be applied for the
expenses of partition of the properties distributed,
such expenses of partition may be paid by such
executor or administrator when it appears equitable
to the court and not inconsistent with the intention
of the testator; otherwise, they shall be paid by the
parties in proportion to their respective shares or
interest in the premises, and the apportionment
shall be settled and allowed by the court, and, if any
person interested in the partition does not pay his
proportion or share, the court may issue an
execution in the name of the executor or
administrator against the party not paying the sum
assessed.
Page 17 of 53

Section 4. Recording the order of partition of
estate. — Certified copies of final orders and
judgments of the court relating to the real estate or
the partition thereof shall be recorded in the registry
of deeds of the province where the property is
situated.
RULE 91
Escheats
Section 1. When an by whom petition filed. —
When a person dies intestate, seized of real
property in the Philippines, leaving no heir or person
by law entitled to the same, the Solicitor General or
his representative in behalf of the Republic of the
Philippines, may file a petition in the Court of First
Instance of the province where the deceased last
resided or in which he had estate, if he resided out
of the Philippines, setting forth the facts, and
praying that the estate of the deceased be declared
escheated.
Section 2. Order for hearing. — If the petition is
sufficient in form and substance, the court, by an
order reciting the purpose of the petition, shall fix a
date and place for the hearing thereof, which date
shall be not more than six (6) months after the
entry of the order, and shall direct that a copy of
the order be published before the hearing at least
once a week for six (6) successive weeks in some
newspaper of general circulation published in the
province, as the court shall be deem best.
Section 3. Hearing and judgment. — Upon
satisfactory proof in open court on the date fixed in
the order that such order has been published as
directed and that the person died intestate, seized
of real or personal property in the Philippines,
leaving no heir or person entitled to the same, and
no sufficient cause being shown to the contrary, the
court shall adjudge that the estate of the estate of
the deceased in the Philippines, after the payment
of just debts and charges, shall escheat; and shall,
pursuant to law, assign the personal estate to the
municipality or city where he last resided in the
Philippines, and the real estate to the municipalities
or cities, respectively, in which the same is situated.
If the deceased never resided in the Philippines, the
whole estate may be assigned to the respective
municipalities or cities where the same is located.
Shall estate shall be for the benefit of public schools,
and public charitable institutions and centers in said
municipalities or cities.
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Judge Marlo Malagar
The court, at the instance of an interested party, or
on its own motion, may order the establishment of
a permanent trust, so that the only income from the
property shall be used.
Section 4. When and by whom claim to estate filed.
— If a devisee, legatee, heir, widow, widower, or
other person entitled to such estate appears and
files a claim thereto with the court within five (5)
years from the date of such judgment, such person
shall have possession of and title to the same, or if
sold, the municipality or city shall be accountable to
him for the proceeds after deducting reasonable
charges for the care of the estate; but a claim not
made within the said time shall be forever barred.
Section 5. Other actions for escheat. — Until
otherwise provided by law, actions reversion or
escheat of properties alienated in violation of the
Constitution or of any statute shall be governed by
this rule, except that the action shall be instituted
in the province where the land lies in whole or in
part.
[A] Rule on Adoption
A.M. No. 02-6-02-SC
Supreme Court of the Philippines
2 August 2002
Republic of the Philippines
Supreme Court
Manila
En Banc
A. Domestic Adoption
Section 1. Applicability of the Rule.— This Rule
covers the domestic adoption of Filipino children.
Section 2. Objectives.—
(a) The best interests of the child shall be the
paramount consideration in all matters relating to
his care, custody and adoption, in accordance with
Philippine laws, the United Nations (UN) Convention
on the Rights of the Child, UN Declaration on Social
and Legal Principles Relating to the Protection and
Welfare of Children with Special Reference to Foster
Placement and Adoption, Nationally and
Internationally, and the Hague Convention on the
Protection of Children and Cooperation in Respect of
Inter-country Adoption.
(b) The State shall provide alternative protection
and assistance through foster care or adoption for
Page 18 of 53

every child who is a foundling, neglected, orphaned,
or abandoned. To this end, the State shall:
(i) Ensure that every child remains under the care
and custody of his parents and is provided with love,
care, understanding and security for the full and
harmonious development of his personality. Only
when such efforts prove insufficient and no
appropriate placement or adoption within the child’s
extended family is available shall adoption by an
unrelated person be considered.
(ii) Safeguard the biological parents from making
hasty decisions in relinquishing their parental
authority over their child;
(iii) Prevent the child from unnecessary separation
from his biological parents;
(iv) conduct public information and educational
campaigns to promote a positive environment for
adoption;
(v) ensure that government and private sector
agencies have the capacity to handle adoption
inquiries, process domestic adoption applications
and offer adoption-related services including, but
not limited to, parent preparation and post-adoption
education and counseling;
(vi) encourage domestic adoption so as to preserve
the child’s identity and culture in his native land,
and only when this is not available shall inter-
country adoption be considered as a last resort; and
(vii) protect adoptive parents from attempts to
disturb their parental authority and custody over
their adopted child.
Any voluntary or involuntary termination of parental
authority shall be administratively or judicially
declared so as to establish the status of the child as
“legally available for adoption” and his custody
transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited
child-placing or child-caring agency, which entity
shall be authorized to take steps for the permanent
placement of the child.
Section 3. Definition of Terms.— For purposes of
this Rule:
(a) “Child” is a person below eighteen (18) years of
age at the time of the filing of the petition for
adoption.
(b) “A child legally available for adoption” refers to
a child who has been voluntarily or involuntarily
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
committed to the Department or to a duly licensed
and accredited child-placing or child-caring agency,
freed of the parental authority of his biological
parents, or in case of rescission of adoption, his
guardian or adopter(s).
(c) “Voluntarily committed child” is one whose
parents knowingly and willingly relinquish parental
authority over him in favor of the Department.
(d) “Involuntarily committed child” is one whose
parents, known or unknown, have been
permanently and judicially deprived of parental
authority over him due to abandonment;
substantial, continuous or repeated neglect and
abuse; or incompetence to discharge parental
responsibilities.
(e) “Foundling” refers to a deserted or abandoned
infant or child whose parents, guardian or relatives
are unknown; or a child committed to an orphanage
or charitable or similar institution with unknown
facts of birth and parentage and registered in the
Civil Register as a “foundling.”
(f) “Abandoned child” refers to one who has no
proper parental care or guardianship or whose
parents have deserted him for a period of at least
six (6) continuous months and has been judicially
declared as such.
(g) “Dependent child” refers to one who is without
a parent, guardian or custodian or one whose
parents, guardian or other custodian for good cause
desires to be relieved of his care and custody and is
dependent upon the public for support.
(h) “Neglected child” is one whose basic needs have
been deliberately not attended to or inadequately
attended to, physically or emotionally, by his
parents or guardian.
(i) “Physical neglect” occurs when the child is
malnourished, ill-clad and without proper shelter.
(j) “Emotional neglect” exists when a child is raped,
seduced, maltreated, exploited, overworked or
made to work under conditions not conducive to
good health or made to beg in the streets or public
places, or placed in moral danger, or exposed to
drugs, alcohol, gambling, prostitution and other
vices.
(k) “Child-placement agency” refers to an agency
duly licensed and accredited by the Department to
provide comprehensive child welfare services
including, but not limited to, receiving applications
Page 19 of 53

for adoption, evaluating the prospective adoptive
parents and preparing the adoption home study
report.
(l) “Child-caring agency” refers to an agency duly
licensed and accredited by the Department that
provides 24-hour residential care services for
abandoned, orphaned, neglected or voluntarily
committed children.
(m) “Department” refers to the Department of
Social Welfare and Development.
(n) “Deed of Voluntary Commitment” refers to the
written and notarized instrument relinquishing
parental authority and committing the child to the
care and custody of the Department executed by
the child’s biological parents or in their absence,
mental incapacity or death, by the child’s legal
guardian, to be witnessed by an authorized
representative of the Department after counseling
and other services have been made available to
encourage the biological parents to keep the child.
(o) “Child Study Report” refers to a study made by
the court social worker of the child’s legal status,
placement history, psychological, social, spiritual,
medical, ethno-cultural background and that of his
biological family needed in determining the most
appropriate placement for him.
(p) “Home Study Report” refers to a study made by
the court social worker of the motivation and
capacity of the prospective adoptive parents to
provide a home that meets the needs of a child.
(q) “Supervised trial custody” refers to the period of
time during which a social worker oversees the
adjustment and emotional readiness of both
adopters and adoptee in stabilizing their filial
relationship.
(r) “Licensed Social Worker” refers to one who
possesses a degree in bachelor of science in social
work as a minimum educational requirement and
who has passed the government licensure
examination for social workers as required by
Republic Act No. 4373.
(s) “Simulation of birth” is the tampering of the civil
registry to make it appear in the birth records that
a certain child was born to a person who is not his
biological mother, thus causing such child to lose his
true identity and status.
(t) “Biological Parents” refer to the child’s mother
and father by nature.
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Judge Marlo Malagar
(u) “Pre-Adoption Services” refer to psycho-social
services provided by professionally-trained social
workers of the Department, the social services units
of local governments, private and government
health facilities, Family Courts, licensed and
accredited child-caring and child-placement
agencies and other individuals or entities involved
in adoption as authorized by the Department.
(v) “Residence” means a person’s actual stay in the
Philippines for three (3) continuous years
immediately prior to the filing of a petition for
adoption and which is maintained until the adoption
decree is entered. Temporary absences for
professional, business, health, or emergency
reasons not exceeding sixty (60) days in one (1)
year does not break the continuity requirement.
(w) “Alien” refers to any person, not a Filipino
citizen, who enters and remains in the Philippines
and is in possession of a valid passport or travel
documents and visa.
Section 4. Who may adopt.— The following may
adopt:
(1) Any Filipino citizen of legal age, in possession of
full civil capacity and legal rights, of good moral
character, has not been convicted of any crime
involving moral turpitude; who is emotionally and
psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his
children in keeping with the means of the family.
The requirement of a 16-year difference between
the age of the adopter and adoptee may be waived
when the adopter is the biological parent of the
adoptee or is the spouse of the adoptee’s parent;
(2) Any alien possessing the same qualifications as
above-stated for Filipino nationals: Provided, That
his country has diplomatic relations with the
Republic of the Philippines, that he has been living
in the Philippines for at least three (3) continuous
years prior to the filing of the petition for adoption
and maintains such residence until the adoption
decree is entered, that he has been certified by his
diplomatic or consular office or any appropriate
government agency to have the legal capacity to
adopt in his country, and that his government
allows the adoptee to enter his country as his
adopted child. Provided, further, That the
requirements on residency and certification of the
alien’s qualification to adopt in his country may be
waived for the following:
Page 20 of 53

(i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate child of
his Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his spouse a relative
within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse.
(3) The guardian with respect to the ward after the
termination of the guardianship and clearance of his
financial accountabilities.
Husband and wife shall jointly adopt, except in the
following cases:
(i) if one spouse seeks to adopt the legitimate child
of one spouse by the other spouse; or
(ii) if one spouse seeks to adopt his own illegitimate
child: Provided, however, That the other spouse has
signified his consent thereto; or
(iii) if the spouses are legally separated from each
other.
In case husband and wife jointly adopt or one
spouse adopts the illegitimate child of the other,
joint parental authority shall be exercised by the
spouses.
Section 5. Who may be adopted.— The following
may be adopted:
(1) Any person below eighteen (18) years of age
who has been voluntarily committed to the
Department under Articles 154, 155 and 156 of P.D.
No. 603 or judicially declared available for adoption;
(2) The legitimate child of one spouse, by the other
spouse;
(3) An illegitimate child, by a qualified adopter to
raise the status of the former to that of legitimacy;
(4) A person of legal age regardless of civil status,
if, prior to the adoption, said person has been
consistently considered and treated by the adopters
as their own child since minority;
(5) A child whose adoption has been previously
rescinded; or
(6) A child whose biological or adoptive parents
have died: Provided, That no proceedings shall be
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Judge Marlo Malagar
initiated within six (6) months from the time of
death of said parents.
(7) A child not otherwise disqualified by law or these
rules.
Section 6. Venue.— The petition for adoption shall
be filed with the Family Court of the province or city
where the prospective adoptive parents reside.
Section 7. Contents of the Petition.— The petition
shall be verified and specifically state at the heading
of the initiatory pleading whether the petition
contains an application for change of name,
rectification of simulated birth, voluntary or
involuntary commitment of children, or declaration
of child as abandoned, dependent or neglected.
(1) If the adopter is a Filipino citizen, the petition
shall allege the following:
(a) The jurisdictional facts;
(b) That the petitioner is of legal age, in possession
of full civil capacity and legal rights; is of good moral
character; has not been convicted of any crime
involving moral turpitude; is emotionally and
psychologically capable of caring for children; is at
least sixteen (16) years older than the adoptee,
unless the adopter is the biological parent of the
adoptee or is the spouse of the adoptee’s parent;
and is in a position to support and care for his
children in keeping with the means of the family and
has undergone pre-adoption services as required by
Section 4 of Republic Act No. 8552.
(2) If the adopter is an alien, the petition shall allege
the following:
(a) The jurisdictional facts;
(b) Sub-paragraph 1(b) above;
(c) That his country has diplomatic relations with
the Republic of the Philippines;
(d) That he has been certified by his diplomatic or
consular office or any appropriate government
agency to have the legal capacity to adopt in his
country and his government allows the adoptee to
enter his country as his adopted child and reside
there permanently as an adopted child; and
(e) That he has been living in the Philippines for at
least three (3) continuous years prior to the filing of
the petition and he maintains such residence until
the adoption decree is entered.
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The requirements of certification of the alien’s
qualification to adopt in his country and of residency
may be waived if the alien:
(i) is a former Filipino citizen who seeks to adopt a
relative within the fourth degree of consanguinity or
affinity; or
(ii) seeks to adopt the legitimate child of his Filipino
spouse; or
(iii) is married to a Filipino citizen and seeks to
adopt jointly with his spouse a relative within the
fourth degree of consanguinity or affinity of the
Filipino spouse.
(3) If the adopter is the legal guardian of the
adoptee, the petition shall allege that guardianship
had been terminated and the guardian had cleared
his financial accountabilities.
(4) If the adopter is married, the spouse shall be a
co-petitioner for joint adoption except if:
(a) one spouse seeks to adopt the legitimate child
of the other, or
(b) if one spouse seeks to adopt his own illegitimate
child and the other spouse signified written consent
thereto, or
(c) if the spouses are legally separated from each
other.
(5) If the adoptee is a foundling, the petition shall
allege the entries which should appear in his birth
certificate, such as name of child, date of birth,
place of birth, if known; sex, name and citizenship
of adoptive mother and father, and the date and
place of their marriage.
(6) If the petition prays for a change of name, it
shall also state the cause or reason for the change
of name.
In all petitions, it shall be alleged:
(a) The first name, surname or names, age and
residence of the adoptee as shown by his record of
birth, baptismal or foundling certificate and school
records.
(b) That the adoptee is not disqualified by law to be
adopted.
(c) The probable value and character of the estate
of the adoptee.
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Judge Marlo Malagar
(d) The first name, surname or names by which the
adoptee is to be known and registered in the Civil
Registry.
A certification of non-forum shopping shall be
included pursuant to Section 5, Rule 7 of the 1997
Rules of Civil Procedure.
Section 8. Rectification of Simulated Birth.— In
case the petition also seeks rectification of a
simulated of birth, it shall allege that:
(a) Petitioner is applying for rectification of a
simulated birth;
(b) The simulation of birth was made prior to the
date of effectivity of Republic Act No. 8552 and the
application for rectification of the birth registration
and the petition for adoption were filed within five
years from said date;
(c) The petitioner made the simulation of birth for
the best interests of the adoptee; and
(d) The adoptee has been consistently considered
and treated by petitioner as his own child.
Section 9. Adoption of a foundling, an abandoned,
dependent or neglected child.— In case the adoptee
is a foundling, an abandoned, dependent or
neglected child, the petition shall allege:
(a) The facts showing that the child is a foundling,
abandoned, dependent or neglected;
(b) The names of the parents, if known, and their
residence. If the child has no known or living
parents, then the name and residence of the
guardian, if any;
(c) The name of the duly licensed child-placement
agency or individual under whose care the child is
in custody; and
(d) That the Department, child-placement or child-
caring agency is authorized to give its consent.
Section 10. Change of name.— In case the petition
also prays for change of name, the title or caption
must contain:
(a) The registered name of the child;
(b) Aliases or other names by which the child has
been known; and
(c) The full name by which the child is to be known.
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Section 11. Annexes to the Petition.— The
following documents shall be attached to the
petition:
A. Birth, baptismal or foundling certificate, as the
case may be, and school records showing the name,
age and residence of the adoptee;
B. Affidavit of consent of the following:
1. The adoptee, if ten (10) years of age or over;
2. The biological parents of the child, if known, or
the legal guardian, or the child-placement agency,
child-caring agency, or the proper government
instrumentality which has legal custody of the child;
3. The legitimate and adopted children of the
adopter and of the adoptee, if any, who are ten (10)
years of age or over;
4. The illegitimate children of the adopter living with
him who are ten (10) years of age or over; and
5. The spouse, if any, of the adopter or adoptee.
C. Child study report on the adoptee and his
biological parents;
D. If the petitioner is an alien, certification by his
diplomatic or consular office or any appropriate
government agency that he has the legal capacity
to adopt in his country and that his government
allows the adoptee to enter his country as his own
adopted child unless exempted under Section 4(2);
E. Home study report on the adopters. If the
adopter is an alien or residing abroad but qualified
to adopt, the home study report by a foreign
adoption agency duly accredited by the Inter-
Country Adoption Board; and
F. Decree of annulment, nullity or legal separation
of the adopter as well as that of the biological
parents of the adoptee, if any.
Section 12. Order of Hearing.— If the petition and
attachments are sufficient in form and substance,
the court shall issue an order which shall contain the
following:
(1) the registered name of the adoptee in the birth
certificate and the names by which the adoptee has
been known which shall be stated in the caption;
(2) the purpose of the petition;
(3) the complete name which the adoptee will use
if the petition is granted;
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Judge Marlo Malagar
(4) the date and place of hearing which shall be set
within six (6) months from the date of the issuance
of the order and shall direct that a copy thereof be
published before the date of hearing at least once a
week for three successive weeks in a newspaper of
general circulation in the province or city where the
court is situated; Provided, that in case of
application for change of name, the date set for
hearing shall not be within four (4) months after the
last publication of the notice nor within thirty (30)
days prior to an election.
The newspaper shall be selected by raffle under the
supervision of the Executive Judge.
(5) a directive to the social worker of the court, the
social service office of the local government unit or
any child-placing or child-caring agency, or the
Department to prepare and submit child and home
study reports before the hearing if such reports had
not been attached to the petition due to
unavailability at the time of the filing of the latter;
and
(6) a directive to the social worker of the court to
conduct counseling sessions with the biological
parents on the matter of adoption of the adoptee
and submit her report before the date of hearing.
At the discretion of the court, copies of the order of
hearing shall also be furnished the Office of the
Solicitor General through the provincial or city
prosecutor, the Department and the biological
parents of the adoptee, if known.
If a change in the name of the adoptee is prayed for
in the petition, notice to the Solicitor General shall
be mandatory.
Section 13. Child and Home Study Reports.— In
preparing the child study report on the adoptee, the
concerned social worker shall verify with the Civil
Registry the real identity and registered name of the
adoptee. If the birth of the adoptee was not
registered with the Civil Registry, it shall be the
responsibility of the social worker to register the
adoptee and secure a certificate of foundling or late
registration, as the case may be.
The social worker shall establish that the child is
legally available for adoption and the documents in
support thereof are valid and authentic, that the
adopter has sincere intentions and that the adoption
shall inure to the best interests of the child.
In case the adopter is an alien, the home study
report must show the legal capacity to adopt and
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that his government allows the adoptee to enter his
country as his adopted child in the absence of the
certification required under Section 7(b) of Republic
Act No. 8552.
If after the conduct of the case studies, the social
worker finds that there are grounds to deny the
petition, he shall make the proper recommendation
to the court, furnishing a copy thereof to the
petitioner.
Section 14. Hearing.— Upon satisfactory proof
that the order of hearing has been published and
jurisdictional requirements have been complied
with, the court shall proceed to hear the petition.
The petitioner and the adoptee must personally
appear and the former must testify before the
presiding judge of the court on the date set for
hearing.
The court shall verify from the social worker and
determine whether the biological parent has been
properly counseled against making hasty decisions
caused by strain or anxiety to give up the child;
ensure that all measures to strengthen the family
have been exhausted; and ascertain if any
prolonged stay of the child in his own home will be
inimical to his welfare and interest.
Section 15. Supervised Trial Custody.— Before
issuance of the decree of adoption, the court shall
give the adopter trial custody of the adoptee for a
period of at least six (6) months within which the
parties are expected to adjust psychologically and
emotionally to each other and establish a bonding
relationship. The trial custody shall be monitored by
the social worker of the court, the Department, or
the social service of the local government unit, or
the child-placement or child-caring agency which
submitted and prepared the case studies. During
said period, temporary parental authority shall be
vested in the adopter.
The court may, motu proprio or upon motion of any
party, reduce the period or exempt the parties if it
finds that the same shall be for the best interests of
the adoptee, stating the reasons therefor.
An alien adopter however must complete the 6-
month trial custody except the following:
a) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
b) one who seeks to adopt the legitimate child of his
Filipino spouse; or
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Judge Marlo Malagar
c) one who is married to a Filipino citizen and seeks
to adopt jointly with his or her spouse the latter’s
relative within the fourth (4th) degree of
consanguinity or affinity.
If the child is below seven (7) years of age and is
placed with the prospective adopter through a pre-
adoption placement authority issued by the
Department, the court shall order that the
prospective adopter shall enjoy all the benefits to
which the biological parent is entitled from the date
the adoptee is placed with him.
The social worker shall submit to the court a report
on the result of the trial custody within two weeks
after its termination.
Section 16. Decree of Adoption.— If the
supervised trial custody is satisfactory to the parties
and the court is convinced from the trial custody
report and the evidence adduced that the adoption
shall redound to the best interests of the adoptee,
a decree of adoption shall be issued which shall take
effect as of the date the original petition was filed
even if the petitioners die before its issuance.
The decree shall:
A. State the name by which the child is to be known
and registered;
B. Order:
1) the Clerk of Court to issue to the adopter a
certificate of finality upon expiration of the 15-day
reglementary period within which to appeal;
2) the adopter to submit a certified true copy of the
decree of adoption and the certificate of finality to
the Civil Registrar where the child was originally
registered within thirty (30) days from receipt of the
certificate of finality. In case of change of name, the
decree shall be submitted to the Civil Registrar
where the court issuing the same is situated.
3) the Civil Registrar of the place where the adoptee
was registered:
a. to annotate on the adoptee’s original certificate
of birth the decree of adoption within thirty (30)
days from receipt of the certificate of finality;
b. to issue a certificate of birth which shall not bear
any notation that it is a new or amended certificate
and which shall show, among others, the following:
registry number, date of registration, name of child,
sex, date of birth, place of birth, name and
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citizenship of adoptive mother and father, and the
date and place of their marriage, when applicable;
c. to seal the original certificate of birth in the civil
registry records which can be opened only upon
order of the court which issued the decree of
adoption; and
d. to submit to the court issuing the decree of
adoption proof of compliance with all the foregoing
within thirty days from receipt of the decree.
If the adoptee is a foundling, the court shall order
the Civil Registrar where the foundling was
registered, to annotate the decree of adoption on
the foundling certificate and a new birth certificate
shall be ordered prepared by the Civil Registrar in
accordance with the decree.
Section 17. Book of Adoptions.— The Clerk of
Court shall keep a book of adoptions showing the
date of issuance of the decree in each case,
compliance by the Civil Registrar with Section
16(B)(3) and all incidents arising after the issuance
of the decree.
Section 18. Confidential Nature of Proceedings and
Records.— All hearings in adoption cases, after
compliance with the jurisdictional requirements
shall be confidential and shall not be open to the
public. All records, books and papers relating to the
adoption cases in the files of the court, the
Department, or any other agency or institution
participating in the adoption proceedings shall be
kept strictly confidential.
If the court finds that the disclosure of the
information to a third person is necessary for
security reasons or for purposes connected with or
arising out of the adoption and will be for the best
interests of the adoptee, the court may, upon
proper motion, order the necessary information to
be released, restricting the purposes for which it
may be used.
Section 19. Rescission of Adoption of the
Adoptee.— The petition shall be verified and filed by
the adoptee who is over eighteen (18) years of age,
or with the assistance of the Department, if he is a
minor, or if he is over eighteen (18) years of age
but is incapacitated, by his guardian or counsel.
The adoption may be rescinded based on any of the
following grounds committed by the adopter:
1) repeated physical and verbal maltreatment by
the adopter despite having undergone counseling;
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Judge Marlo Malagar
2) attempt on the life of the adoptee;
3) sexual assault or violence; or
4) abandonment or failure to comply with parental
obligations.
Adoption, being in the best interests of the child,
shall not be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.
Section 20. Venue.— The petition shall be filed
with the Family Court of the city or province where
the adoptee resides.
Section 21. Time within which to file
petition.— The adoptee, if incapacitated, must file
the petition for rescission or revocation of adoption
within five (5) years after he reaches the age of
majority, or if he was incompetent at the time of the
adoption, within five (5) years after recovery from
such incompetency.
Section 22. Order to Answer.— The court shall
issue an order requiring the adverse party to answer
the petition within fifteen (15) days from receipt of
a copy thereof. The order and copy of the petition
shall be served on the adverse party in such manner
as the court may direct.
Section 23. Judgment.— If the court finds that the
allegations of the petition are true, it shall render
judgment ordering the rescission of adoption, with
or without costs, as justice requires.
The court shall order that the parental authority of
the biological parent of the adoptee, if known, or
the legal custody of the Department shall be
restored if the adoptee is still a minor or
incapacitated and declare that the reciprocal rights
and obligations of the adopter and the adoptee to
each other shall be extinguished.
The court shall further declare that successional
rights shall revert to its status prior to adoption, as
of the date of judgment of judicial rescission. Vested
rights acquired prior to judicial rescission shall be
respected.
It shall also order the adoptee to use the name
stated in his original birth or foundling certificate.
The court shall further order the Civil Registrar
where the adoption decree was registered to cancel
the new birth certificate of the adoptee and
reinstate his original birth or foundling certificate.
Page 25 of 53

Section 24. Service of Judgment.— A certified true
copy of the judgment together with a certificate of
finality issued by the Branch Clerk of the Court
which rendered the decision in accordance with the
preceding Section shall be served by the petitioner
upon the Civil Registrar concerned within thirty (30)
days from receipt of the certificate of finality. The
Civil Registrar shall forthwith enter the rescission
decree in the register and submit proof of
compliance to the court issuing the decree and the
Clerk of Court within thirty (30) days from receipt
of the decree.
The Clerk of Court shall enter the compliance in
accordance with Section 17 hereof.
Section 25. Repeal.— This supersedes Rule 99 on
Adoption and Rule 100 of the Rules of Court.
B. Inter-Country Adoption
Section 26. Applicability.— The following sections
apply to inter-country adoption of Filipino children
by foreign nationals and Filipino citizens
permanently residing abroad.
Section 27. Objectives.— The State shall:
a) consider inter-country adoption as an alternative
means of child care, if the child cannot be placed in
a foster or an adoptive family or cannot, in any
suitable manner, be cared for in the Philippines;
b) ensure that the child subject of inter-country
adoption enjoys the same protection accorded to
children in domestic adoption; and
c) take all measures to ensure that the placement
arising therefrom does not result in improper
financial gain for those involved.
Section 28. Where to File Petition.— A verified
petition to adopt a Filipino child may be filed by a
foreign national or Filipino citizen permanently
residing abroad with the Family Court having
jurisdiction over the place where the child resides or
may be found.
It may be filed directly with the Inter-Country
Adoption Board.
Section 29. Who may be adopted.— Only a child
legally available for domestic adoption may be the
subject of inter-country adoption.
Section 30. Contents of Petition.— The petitioner
must allege:
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Judge Marlo Malagar
a) his age and the age of the child to be adopted,
showing that he is at least twenty-seven (27) years
of age and at least sixteen (16) years older than the
child to be adopted at the time of application, unless
the petitioner is the parent by nature of the child to
be adopted or the spouse of such parent, in which
case the age difference does not apply;
b) if married, the name of the spouse who must be
joined as co-petitioner except when the adoptee is
a legitimate child of his spouse;
c) that he has the capacity to act and assume all
rights and responsibilities of parental authority
under his national laws, and has undergone the
appropriate counseling from an accredited
counselor in his country;
d) that he has not been convicted of a crime
involving moral turpitude;
e) that he is eligible to adopt under his national law;
f) that he can provide the proper care and support
and instill the necessary moral values and example
to all his children, including the child to be adopted;
g) that he agrees to uphold the basic rights of the
child, as embodied under Philippine laws and the U.
N. Convention on the Rights of the Child, and to
abide by the rules and regulations issued to
implement the provisions of Republic Act No. 8043;
h) that he comes from a country with which the
Philippines has diplomatic relations and whose
government maintains a similarly authorized and
accredited agency and that adoption of a Filipino
child is allowed under his national laws; and
i) that he possesses all the qualifications and none
of the disqualifications provided in this Rule, in
Republic Act No. 8043 and in all other applicable
Philippine laws.
Section 31. Annexes.— The petition for adoption
shall contain the following annexes written and
officially translated in English:
a) Birth certificate of petitioner;
b) Marriage contract, if married, and, if applicable,
the divorce decree, or judgment dissolving the
marriage;
c) Sworn statement of consent of petitioner’s
biological or adopted children above ten (10) years
of age;
Page 26 of 53

d) Physical, medical and psychological evaluation of
the petitioner certified by a duly licensed physician
and psychologist;
e) Income tax returns or any authentic document
showing the current financial capability of the
petitioner;
f) Police clearance of petitioner issued within six (6)
months before the filing of the petitioner;
g) Character reference from the local
church/minister, the petitioner’s employer and a
member of the immediate community who have
known the petitioner for at least five (5) years;
h) Full body postcard-size pictures of the petitioner
and his immediate family taken at least six (6)
months before the filing of the petition.
Section 32. Duty of Court.— The court, after
finding that the petition is sufficient in form and
substance and a proper case for inter-country
adoption, shall immediately transmit the petition to
the Inter-Country Adoption Board for appropriate
action.
Section 33. Effectivity.— This Rule shall take effect
on August 22, 2002 following its publication in a
newspaper of general circulation.
Promulgated: August 2, 2002.
[B] Republic Act No. 8369
October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS,
GRANTING THEM EXCLUSIVE ORIGINAL
JURISDICTION OVER CHILD AND FAMILY
CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE
KNOWN AS ACT OF 1980, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER
PURPOSES
Section 5. Jurisdiction offamily Courts. - The
Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused
is below eighteen (18) years of age but not less than
nine (9) years of age but not less than nine (9)
years of age or where one or more of the victims is
a minor at the time of the commission of the
offense: Provided, That if the minor is found guilty,
the court shall promulgate sentence and ascertain
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Judge Marlo Malagar
any civil liability which the accused may have
incurred.
The sentence, however, shall be suspended without
need of application pursuant to Ptesidential Decree
No. 603, otherwise known as the "Child and Youth
Welfare Code";
b) Petitions for guardianship, custody of children,
habeas corpus in relation to the latter;
c) Petitions for adoption of children and the
revocation thereof;
d) Complaints for annulment of marriage,
declaration of nullity of marriage and those relating
to marital status and property relations of husband
and wife or those living together under different
status and agreements, and petitions for dissolution
of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the
provisions of Executive Order No. 209, otherwise
known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent o neglected children,
petitions for voluntary or involuntary commitment
of children; the suspension, termination, or
restoration of parental authority and other cases
cognizable under Presidential Decree No. 603,
Executive Order No. 56, (Series of 1986), and other
related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the
Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise
known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination
Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence
that results, or are likely to result in physical, sexual
or psychological harm or suffering to women; and
other forms of physical abuse such as battering or
threats and coercion which violate a woman's
personhood, integrity and freedom movement; and
2) Children - which include the commission of all
forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions
prejudicial to their development.
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If an act constitutes a criminal offense, the accused
or batterer shall be subject to criminal proceedings
and the corresponding penalties.
If any question involving any of the above matters
should arise as an incident in any case pending in
the regular courts, said incident shall be determined
in that court.
[C] Republic Act No. 8552
February 25, 1998
AN ACT ESTABLISHING THE RULES AND
POLICIES ON THE DOMESTIC ADOPTION OF
FILIPINO CHILDREN AND FOR OTHER
PURPOSES
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known
as the "Domestic Adoption Act of 1998."
Section 2. Declaration of Policies. – (a) It is
hereby declared the policy of the State to ensure
that every child remains under the care and custody
of his/her parent(s) and be provided with love, care,
understanding and security towards the full and
harmonious development of his/her personality.
Only when such efforts prove insufficient and no
appropriate placement or adoption within the child's
extended family is available shall adoption by an
unrelated person be considered.
(b) In all matters relating to the care, custody and
adoption of a child, his/her interest shall be the
paramount consideration in accordance with the
tenets set forth in the United Nations (UN)
Convention on the Rights of the Child; UN
Declaration on Social and Legal Principles Relating
to the Protection and Welfare of Children with
Special Reference to Foster Placement and
Adoption, Nationally and Internationally; and the
Hague Convention on the Protection of Children and
Cooperation in Respect of Intercountry Adoption.
Toward this end, the State shall provide alternative
protection and assistance through foster care or
adoption for every child who is neglected, orphaned,
or abandoned.
(c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from making
hurried decisions to relinquish his/her parental
authority over his/her child;
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Judge Marlo Malagar
(ii) Prevent the child from unnecessary separation
from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to
disturb his/her parental authority and custody over
his/her adopted child.
Any voluntary or involuntary termination of parental
authority shall be administratively or judicially
declared so as to establish the status of the child as
"legally available for adoption" and his/her custody
transferred to the Department of Social Welfare and
Development or to any duly licensed and accredited
child-placing or child-caring agency, which entity
shall be authorized to take steps for the permanent
placement of the child;
(iv) Conduct public information and educational
campaigns to promote a positive environment for
adoption;
(v) Ensure that sufficient capacity exists within
government and private sector agencies to handle
adoption inquiries, process domestic adoption
applications, and offer adoption-related services
including, but not limited to, parent preparation and
post-adoption education and counseling; and
(vi) Encourage domestic adoption so as to preserve
the child's identity and culture in his/her native
land, and only when this is not available shall
intercountry adoption be considered as a last resort.
Section 3. Definition of Terms. – For purposes of
this Act, the following terms shall be defined as:
(a) "Child" is a person below eighteen (18) years of
age.
(b) "A child legally available for adoption" refers to
a child who has been voluntarily or involuntarily
committed to the Department or to a duly licensed
and accredited child-placing or child-caring agency,
freed of the parental authority of his/her biological
parent(s) or guardian or adopter(s) in case of
rescission of adoption.
(c) "Voluntarily committed child" is one whose
parent(s) knowingly and willingly relinquishes
parental authority to the Department.
(d) "Involuntarily committed child" is one whose
parent(s), known or unknown, has been
permanently and judicially deprived of parental
authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
Page 28 of 53

(e) "Abandoned child" refers to one who has no
proper parental care or guardianship or whose
parent(s) has deserted him/her for a period of at
least six (6) continuous months and has been
judicially declared as such.
(f) "Supervised trial custody" is a period of time
within which a social worker oversees the
adjustment and emotional readiness of both
adopter(s) and adoptee in stabilizing their filial
relationship.
(g) "Department" refers to the Department of
Social Welfare and Development.
(h) "Child-placing agency" is a duly licensed and
accredited agency by the Department to provide
comprehensive child welfare services including, but
not limited to, receiving applications for adoption,
evaluating the prospective adoptive parents, and
preparing the adoption home study.
(i) "Child-caring agency" is a duly licensed and
accredited agency by the Department that provides
twenty four (24)-hour residential care services for
abandoned, orphaned, neglected, or voluntarily
committed children.
(j) "Simulation of birth" is the tampering of the civil
registry making it appear in the birth records that a
certain child was born to a person who is not his/her
biological mother, causing such child to lose his/her
true identity and status.
ARTICLE II
PRE-ADOPTION SERVICES
Section 4. Counseling Service. – The
Department shall provide the services of licensed
social workers to the following:
(a) Biological Parent(s) – Counseling shall be
provided to the parent(s) before and after the birth
of his/her child. No binding commitment to an
adoption plan shall be permitted before the birth of
his/her child. A period of six (6) months shall be
allowed for the biological parent(s) to reconsider
any decision to relinquish his/her child for adoption
before the decision becomes irrevocable.
Counseling and rehabilitation services shall also be
offered to the biological parent(s) after he/she has
relinquished his/her child for adoption.
Steps shall be taken by the Department to ensure
that no hurried decisions are made and all
alternatives for the child's future and the
implications of each alternative have been provided.
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Judge Marlo Malagar
(b) Prospective Adoptive Parent(s) – Counseling
sessions, adoption fora and seminars, among
others, shall be provided to prospective adoptive
parent(s) to resolve possible adoption issues and to
prepare him/her for effective parenting.
(c) Prospective Adoptee – Counseling sessions shall
be provided to ensure that he/she understands the
nature and effects of adoption and is able to express
his/her views on adoption in accordance with
his/her age and level of maturity.
Section 5. Location of Unknown Parent(s). – It
shall be the duty of the Department or the child-
placing or child-caring agency which has custody of
the child to exert all efforts to locate his/her
unknown biological parent(s). If such efforts fail,
the child shall be registered as a foundling and
subsequently be the subject of legal proceedings
where he/she shall be declared abandoned.
Section 6. Support Services. – The Department
shall develop a pre-adoption program which shall
include, among others, the above mentioned
services.
ARTICLE III
ELIGIBILITY
Section 7. Who May Adopt. – The following may
adopt:
(a) Any Filipino citizen of legal age, in possession of
full civil capacity and legal rights, of good moral
character, has not been convicted of any crime
involving moral turpitude, emotionally and
psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her
children in keeping with the means of the family.
The requirement of sixteen (16) year difference
between the age of the adopter and adoptee may
be waived when the adopter is the biological parent
of the adoptee, or is the spouse of the adoptee's
parent;
(b) Any alien possessing the same qualifications as
above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been
living in the Philippines for at least three (3)
continuous years prior to the filing of the application
for adoption and maintains such residence until the
adoption decree is entered, that he/she has been
certified by his/her diplomatic or consular office or
any appropriate government agency that he/she
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has the legal capacity to adopt in his/her country,
and that his/her government allows the adoptee to
enter his/her country as his/her adopted
son/daughter: Provided, Further, That the
requirements on residency and certification of the
alien's qualification to adopt in his/her country may
be waived for the following:
(i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the
termination of the guardianship and clearance of
his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the
following cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own
illegitimate son/daughter: Provided, However, that
the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each
other.
In case husband and wife jointly adopt, or one
spouse adopts the illegitimate son/daughter of the
other, joint parental authority shall be exercised by
the spouses.
Section 8. Who May Be Adopted. – The following
may be adopted:
(a) Any person below eighteen (18) years of age
who has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by
the other spouse;
(c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
(d) A person of legal age if, prior to the adoption,
said person has been consistently considered and
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Judge Marlo Malagar
treated by the adopter(s) as his/her own child since
minority;
(e) A child whose adoption has been previously
rescinded; or
(f) A child whose biological or adoptive parent(s)
has died: Provided, That no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s).
Section 9. Whose Consent is Necessary to the
Adoption. – After being properly counseled and
informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the
following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known,
or the legal guardian, or the proper government
instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten
(10) years of age or over, of the adopter(s) and
adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years
of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to
be adopted.
ARTICLE IV
PROCEDURE
Section 10. Hurried Decisions. – In all
proceedings for adoption, the court shall require
proof that the biological parent(s) has been properly
counseled to prevent him/her from making hurried
decisions caused by strain or anxiety to give up the
child, and to sustain that all measures to strengthen
the family have been exhausted and that any
prolonged stay of the child in his/her own home will
be inimical to his/her welfare and interest.
Section 11. Case Study. – No petition for
adoption shall be set for hearing unless a licensed
social worker of the Department, the social service
office of the local government unit, or any child-
placing or child-caring agency has made a case
study of the adoptee, his/her biological parent(s),
as well as the adopter(s), and has submitted the
report and recommendations on the matter to the
court hearing such petition.
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At the time of preparation of the adoptee's case
study, the concerned social worker shall confirm
with the Civil Registry the real identity and
registered name of the adoptee. If the birth of the
adoptee was not registered with the Civil Registry,
it shall be the responsibility of the concerned social
worker to ensure that the adoptee is registered.
The case study on the adoptee shall establish that
he/she is legally available for adoption and that the
documents to support this fact are valid and
authentic. Further, the case study of the adopter(s)
shall ascertain his/her genuine intentions and that
the adoption is in the best interest of the child.
The Department shall intervene on behalf of the
adoptee if it finds, after the conduct of the case
studies, that the petition should be denied. The case
studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be
preserved by the Department.
Section 12. Supervised Trial Custody. – No
petition for adoption shall be finally granted until the
adopter(s) has been given by the court a supervised
trial custody period for at least six (6) months within
which the parties are expected to adjust
psychologically and emotionally to each other and
establish a bonding relationship. During said period,
temporary parental authority shall be vested in the
adopter(s).
The court may motu proprio or upon motion of any
party reduce the trial period if it finds the same to
be in the best interest of the adoptee, stating the
reasons for the reduction of the period. However,
for alien adopter(s), he/she must complete the six
(6)-month trial custody except for those
enumerated in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is
placed with the prospective adopter(s) through a
pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy
all the benefits to which biological parent(s) is
entitled from the date the adoptee is placed with the
prospective adopter(s).
Section 13. Decree of Adoption. – If, after the
publication of the order of hearing has been
complied with, and no opposition has been
interposed to the petition, and after consideration
of the case studies, the qualifications of the
adopter(s), trial custody report and the evidence
submitted, the court is convinced that the
petitioners are qualified to adopt, and that the
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Judge Marlo Malagar
adoption would redound to the best interest of the
adoptee, a decree of adoption shall be entered
which shall be effective as of the date the original
petition was filed. This provision shall also apply in
case the petitioner(s) dies before the issuance of
the decree of adoption to protect the interest of the
adoptee. The decree shall state the name by which
the child is to be known.
Section 14. Civil Registry Record. – An amended
certificate of birth shall be issued by the Civil
Registry, as required by the Rules of Court,
attesting to the fact that the adoptee is the child of
the adopter(s) by being registered with his/her
surname. The original certificate of birth shall be
stamped "cancelled" with the annotation of the
issuance of an amended birth certificate in its place
and shall be sealed in the civil registry records. The
new birth certificate to be issued to the adoptee
shall not bear any notation that it is an amended
issue.
Section 15. Confidential Nature of Proceedings
and Records. – All hearings in adoption cases shall
be confidential and shall not be open to the public.
All records, books, and papers relating to the
adoption cases in the files of the court, the
Department, or any other agency or institution
participating in the adoption proceedings shall be
kept strictly confidential.
If the court finds that the disclosure of the
information to a third person is necessary for
purposes connected with or arising out of the
adoption and will be for the best interest of the
adoptee, the court may merit the necessary
information to be released, restricting the purposes
for which it may be used.
ARTICLE V
EFFECTS OF ADOPTION
Section 16. Parental Authority. – Except in
cases where the biological parent is the spouse of
the adopter, all legal ties between the biological
parent(s) and the adoptee shall be severed and the
same shall then be vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be
considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such
is entitled to all the rights and obligations provided
by law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in
keeping with the means of the family.
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Section 18. Succession. – In legal and intestate
succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without
distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a
will, the law on testamentary succession shall
govern.
ARTICLE VI
RESCISSION OF ADOPTION
Section 19. Grounds for Rescission of
Adoption. – Upon petition of the adoptee, with the
assistance of the Department if a minor or if over
eighteen (18) years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded
on any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal
maltreatment by the adopter(s) despite having
undergone counseling; (b) attempt on the life of the
adoptee; (c) sexual assault or violence; or (d)
abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child,
shall not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the
petition is granted, the parental authority of the
adoptee's biological parent(s), if known, or the legal
custody of the Department shall be restored if the
adoptee is still a minor or incapacitated. The
reciprocal rights and obligations of the adopter(s)
and the adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel
the amended certificate of birth of the adoptee and
restore his/her original birth certificate.
Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
All the foregoing effects of rescission of adoption
shall be without prejudice to the penalties
imposable under the Penal Code if the criminal acts
are properly proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
Section 21. Violations and Penalties. – (a) The
penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and/or a fine
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Judge Marlo Malagar
not less than Fifty thousand pesos (P50,000.00),
but not more than Two hundred thousand pesos
(P200,000.00) at the discretion of the court shall be
imposed on any person who shall commit any of the
following acts:
(i) obtaining consent for an adoption through
coercion, undue influence, fraud, improper material
inducement, or other similar acts;
(ii) non-compliance with the procedures and
safeguards provided by the law for adoption; or
(iii) subjecting or exposing the child to be adopted
to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious
registration of the birth of a child under the name(s)
of a person(s) who is not his/her biological parent(s)
shall be guilty of simulation of birth, and shall be
punished by prision mayor in its medium period and
a fine not exceeding Fifty thousand pesos
(P50,000.00).
Any physician or nurse or hospital personnel who,
in violation of his/her oath of office, shall cooperate
in the execution of the abovementioned crime shall
suffer the penalties herein prescribed and also the
penalty of permanent disqualification.
Any person who shall violate established regulations
relating to the confidentiality and integrity of
records, documents, and communications of
adoption applications, cases, and processes shall
suffer the penalty of imprisonment ranging from
one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos
(P5,000.00) but not more than Ten thousand pesos
(P10,000.00), at the discretion of the court.
A penalty lower by two (2) degrees than that
prescribed for the consummated offense under this
Article shall be imposed upon the principals of the
attempt to commit any of the acts herein
enumerated. Acts punishable under this Article,
when committed by a syndicate or where it involves
two (2) or more children shall be considered as an
offense constituting child trafficking and shall merit
the penalty of reclusion perpetua.
Acts punishable under this Article are deemed
committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or
confederating with one another in carrying out any
of the unlawful acts defined under this Article.
Penalties as are herein provided, shall be in addition
to any other penalties which may be imposed for
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the same acts punishable under other laws,
ordinances, executive orders, and proclamations.
When the offender is an alien, he/she shall be
deported immediately after service of sentence and
perpetually excluded from entry to the country.
Any government official, employee or functionary
who shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with
private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance
with existing civil service laws, rules and
regulations: Provided, That upon the filing of a case,
either administrative or criminal, said government
official, employee, or functionary concerned shall
automatically suffer suspension until the resolution
of the case.
Section 22. Rectification of Simulated Births. –
A person who has, prior to the effectivity of this Act,
simulated the birth of a child shall not be punished
for such act: Provided, That the simulation of birth
was made for the best interest of the child and that
he/she has been consistently considered and
treated by that person as his/her own
son/daughter: Provided, further, That
application for correction of the birth registration
and petition for adoption shall be filed within five (5)
years from the effectivity of this Act and completed
thereafter: Provided, finally, That such person
complies with the procedure as specified in Article
IV of this Act and other requirements as determined
by the Department.
ARTICLE VIII
FINAL PROVISIONS
Section 24. Implementing Rules and
Regulations. – Within six (6) months from the
promulgation of this Act, the Department, with the
Council for the Welfare of Children, the Office of Civil
Registry General, the Department of Justice, Office
of the Solicitor General, and two (2) private
individuals representing child-placing and child-
caring agencies shall formulate the necessary
guidelines to make the provisions of this Act
operative.
Section 25. Appropriations. – Such sum as may
be necessary for the implementation of the
provisions of this Act shall be included in the
General Appropriations Act of the year following its
enactment into law and thereafter.
Section 26. Repealing Clause. – Any law,
presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or
regulation contrary to, or inconsistent with the
provisions of this Act is hereby repealed, modified,
or amended accordingly.
Section 27. Separability Clause. – If any
provision of this Act is held invalid or
the unconstitutional, the other provisions not affected
thereby shall remain valid and subsisting.
Section 28. Effectivity Clause. – This Act shall
take effect fifteen (15) days following its complete
publication in any newspaper of general circulation
or in the Official Gazette.
Approved: February 25, 1998

Section 23. Adoption Resource and Referral

Office. – There shall be established an Adoption
Resources and Referral Office under the
Department with the following functions: (a)
monitor the existence, number, and flow of children
legally available for adoption and prospective
adopter(s) so as to facilitate their matching; (b)
maintain a nationwide information and educational
campaign on domestic adoption; (c) keep records of
adoption proceedings; (d) generate resources to
help child-caring and child-placing agencies and
foster homes maintain viability; and (e) do policy
research in collaboration with the Intercountry
Adoption Board and other concerned agencies. The
office shall be manned by adoption experts from the
public and private sectors.

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[D] Republic Act No. 9523
March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE
DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A
"CHILD LEGALLY AVAILABLE FOR ADOPTION"
AS A PREREQUISITE FOR ADOPTION
PROCEEDINGS, AMENDING FOR THIS
PURPOSE CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 8552, OTHERWISE
KNOWN AS THE DOMESTIC ADOPTION ACT
OF 1998, REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS THE INTER-COUNTRY
ADOPTION ACT OF 1995, PRESIDENTIAL
DECREE NO. 603, OTHERWISE KNOWN AS
THE CHILD AND YOUTH WELFARE CODE, AND
FOR OTHER PURPOSES
Section 1. Declaration of Policy. – It is hereby
declared the policy of the State that alternative
protection and assistance shall be afforded to every
child who is abandoned, surrendered, or neglected.
In this regard, the State shall extend such
assistance in the most expeditious manner in the
interest of full emotional and social development of
the abandoned, surrendered, or neglected child.
It is hereby recognized that administrative
processes under the jurisdiction of the Department
of Social Welfare and Development for the
declaration of a child legally available for adoption
of abandoned, surrendered, or neglected children
are the most expeditious proceedings for the best
interest and welfare of the child.
Section. 2. Definition of Terms. – As used in this
Act, the following terms shall mean:
(1) Department of Social Welfare and Development
(DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole
authority to issue the certification declaring a child
legally available for adoption.
(2) Child refers to a person below eighteen (18)
years of age or a person over eighteen (18) years
of age but is unable to fully take care of him/herself
or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of
physical or mental disability or condition.
(3) Abandoned Child refers to a child who has no
proper parental care or guardianship, or whose
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Judge Marlo Malagar
parent(s) have deserted him/her for a period of at
least three (3) continuous months, which includes a
founding.
(4) Neglected Child refers to a child whose basic
needs have been deliberately unattended or
inadequately attended within a period of three (3)
continuous months. Neglect may occur in two (2)
ways:
(a) There is physical neglect when the child is
malnourished, ill-clad, and without proper shelter.
A child is unattended when left by himself/herself
without proper provisions and/or without proper
supervision.
(b) There is emotional neglect when the child is
maltreated, raped, seduced, exploited, overworked,
or made to work under conditions not conducive to
good health; or is made to beg in the streets or
public places; or when children are in moral danger,
or exposed to gambling, prostitution, and other
vices.
(5) Child Legally Available for Adoption refers to a
child in whose favor a certification was issued by the
DSWD that he/she is legally available for adoption
after the fact of abandonment or neglect has been
proven through the submission of pertinent
documents, or one who was voluntarily committed
by his/her parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose
parent(s) or legal guardian knowingly and willingly
relinquished parental authority to the DSWD or any
duly accredited child-placement or child-caring
agency or institution.
(7) Child-caring agency or institution refers to a
private non-profit or government agency duly
accredited by the DSWD that provides twenty-four
(24) hour residential care services for abandoned,
neglected, or voluntarily committed children.
(8) Child-placing agency or institution refers to a
private non-profit institution or government agency
duly accredited by the DWSD that receives and
processes applicants to become foster or adoptive
parents and facilitate placement of children eligible
for foster care or adoption.
(9) Petitioner refers to the head or executive
director of a licensed or accredited child-caring or
child-placing agency or institution managed by the
government, local government unit, non-
governmental organization, or provincial, city, or
municipal Social Welfare Development Officer who
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has actual custody of the minor and who files a (d) Returned registered mail to the last known
certification to declare such child legally available address of the parent(s) or known relatives, if any.
for adoption, or, if the child is under the custody of
(3) Birth certificate, if available; and
any other individual, the agency or institution does
so with the consent of the child's custodian. (4) Recent photograph of the child and photograph
of the child upon abandonment or admission to the
(10) Secretary refers to the Secretary of the DSWD
agency or institution.
or his duly authorized representative.
Section 4. Procedure for the Filing of the
(11) Conspicuous Place shall refer to a place
Petition. – The petition shall be filed in the regional
frequented by the public, where by notice of the
office of the DSWD where the child was found or
petition shall be posted for information of any
abandoned.
interested person.
The Regional Director shall examine the petition and
(12) Social Case Study Report (SCSR) shall refer to
its supporting documents, if sufficient in form and
a written report of the result of an assessment
substance and shall authorize the posting of the
conducted by a licensed social worker as to the
notice of the petition conspicuous place for five (5)
social-cultural economic condition, psychosocial
consecutive days in the locality where the child was
background, current functioning and facts of
found.
abandonment or neglect of the child. The report
shall also state the efforts of social worker to locate The Regional Director shall act on the same and
the child's biological parents/relatives. shall render a recommendation not later than five
(5) working days after the completion of its posting.
Section 3. Petition. – The petition shall be in the
He/she shall transmit a copy of his/her
form of an affidavit, subscribed and sworn to before
recommendation and records to the Office of the
any person authorized by law to administer oaths.
Secretary within forty-eight (48) hours from the
It shall contain facts necessary to establish the
date of the recommendation.
merits of the petition and shall state the
circumstances surrounding the abandonment or Section 5. Declaration of Availability for
neglect of the child. Adoption. – Upon finding merit in the petition, the
Secretary shall issue a certification declaring the
The petition shall be supported by the following
child legally available for adoption within seven (7)
documents:
working days from receipt of the recommendation.
(1) Social Case Study Report made by the DSWD,
Said certification, by itself shall be the sole basis for
local government unit, licensed or accredited child-
the immediate issuance by the local civil registrar of
caring or child-placing agency or institution charged
a foundling certificate. Within seven (7) working
with the custody of the child;
days, the local civil registrar shall transmit the
(2) Proof that efforts were made to locate the founding certificate to the National Statistic Office
parent(s) or any known relatives of the child. The (NSO).
following shall be considered sufficient:
Section 6. Appeal. – The decision of the Secretary
(a) Written certification from a local or national shall be appealable to the Court of Appeals within
radio or television station that the case was aired five (5) days from receipt of the decision by the
on three (3) different occasions; petitioner, otherwise the same shall be final and
executory.
(b) Publication in one (1) newspaper of general
circulation; Section 7. Declaration of Availability for
Adoption of Involuntarily Committed Child and
(c) Police report or barangay certification from the
Voluntarily Committed Child. – The certificate
locality where the child was found or a certified copy
declaring a child legally available for adoption in
of a tracing report issued by the Philippine National
case of an involuntarily committed child under
Red Cross (PNRC), National Headquarters (NHQ),
Article 141, paragraph 4(a) and Article 142 of
Social Service Division, which states that despite
Presidential Decree No. 603 shall be issued by the
due diligence, the child's parents could not be
DSWD within three (3) months following such
found; and
involuntary commitment.

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In case of voluntary commitment as contemplated
in Article 154 of Presidential Decree No. 603, the
certification declaring the child legally available for
adoption shall be issued by the Secretary within
three (3) months following the filing of the Deed of
Voluntary Commitment, as signed by the parent(s)
with the DSWD.
Upon petition filed with the DSWD, the parent(s) or
legal guardian who voluntarily committed a child
may recover legal custody and parental authority
over him/her from the agency or institution to which
such child was voluntarily committed when it is
shown to the satisfaction of the DSWD that the
parent(s) or legal guardian is in a position to
adequately provide for the needs of the
child: Provided, That, the petition for restoration is
filed within (3) months after the signing of the Deed
of Voluntary Commitment.
Section 8. Certification. – The certification that a
child is legally available for adoption shall be issued
by the DSWD in lieu of a judicial order, thus making
the entire process administrative in nature.
The certification, shall be, for all intents and
purposes, the primary evidence that the child is
legally available in a domestic adoption proceeding,
as provided in Republic Act No. 8552 and in an inter-
country adoption proceeding, as provided in
Republic Act No. 8043.
Section. 9. Implementing Rules and
Regulations. – The DSWD, together with the
Council for Welfare of Children, Inter-Country
Adoption Board, two (2) representatives from
licensed or accredited child-placing and child-caring
agencies or institution, National Statistics Office and
Office of the Civil Registrar, is hereby tasked to draft
the implementing rules and regulations of this Act
within sixty (60) days following its complete
publication.
Upon effectivity of this Act and pending the
completion of the drafting of the implementing rules
and regulations, petitions for the issuance of a
certification declaring a child legally available for
adoption may be filled with the regional office of the
DSWD where the child was found or abandoned.
Section 10. Penalty. – The penalty of One
hundred thousand pesos (P100,000.00) to Two
hundred thousand pesos (P200,000.00) shall be
imposed on any person, institution, or agency who
shall place a child for adoption without the
certification that the child is legally available for
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Judge Marlo Malagar
adoption issued by the DSWD. Any agency or
institution found violating any provision of this Act
shall have its license to operate revoked without
prejudice to the criminal prosecution of its officers
and employees.
Violation of any provision of this Act shall subject
the government official or employee concerned to
appropriate administrative, civil and/or criminal
sanctions, including suspension and/or dismissal
from the government service and forfeiture of
benefits.
Section 11. Repealing Clause. – Sections
2(c)(iii), 3(b), (e) and 8(a) of Republic Act No.
8552, Section 3(f) of Republic Act No. 8043,
Chapter 1 of Title VII, and VIII of Presidential
Decree No. 603 and any law, presidential decree,
executive order, letter of instruction, administrative
order, rule, or regulation contrary to or inconsistent
with the provisions of this Act are hereby reprealed,
modified or amended accordingly.
Section 12. Separability Clause. – If any
provision of this Act is held invalid or
unconstitutional, the other provisions not affected
thereby shall remain valid and subsisting.
Section 13. Effectivity. – This Act shall take effect
fifteen (15) days following its complete publication
in two (2) newspapers of general circulation or in
the Official Gazette.
[E] Republic Act 8043
The Inter-Country Adoption Act of 1995
"AN ACT ESTABLISHING THE RULES TO
GOVERN INTER-COUNTRY ADOPTION OF
FILIPINO CHILDREN, AND FOR OTHER
PURPOSES"
Section 1. Short Title. — This Act shall be known
as the "Inter-Country Adoption Act of 1995."
Sec. 2. Declaration of Policy. — It is hereby
declared the policy of the State to provide every
neglected and abandoned child with a family that
will provide such child with love and care as well as
opportunities for growth and development. Towards
this end, efforts shall be exerted to place the child
with an adoptive family in the Philippines. However,
recognizing that inter-country adoption may be
considered as allowing aliens not presently allowed
by law to adopt Filipino children if such children
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cannot be adopted by qualified Filipino citizens or
aliens, the State shall take measures to ensure that
inter-country adoptions are allowed when the same
shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental
rights.
Sec. 3. Definition of Terms. — As used in this Act.
the term:
(a) Inter-country adoption refers to the socio-
legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised
trial custody is undertaken, and the decree of
adoption is issued outside the Philippines.
(b) Child means a person below fifteen (15) years
of age unless sooner emancipated by law.
(c) Department refers to the Department of
Social Welfare and Development of the Republic of
the Philippines.
(d) Secretary refers to the Secretary of the
Department of Social Welfare and Development.
(e) Authorized and accredited agency refers to
the State welfare agency or a licensed adoption
agency in the country of the adopting parents which
provide comprehensive social services and which is
duly recognized by the Department.
(f) Legally-free child means a child who has been
voluntarily or involuntarily committed to the
Department, in accordance with the Child and Youth
Welfare Code.
(g) Matching refers to the judicious pairing of the
adoptive child and the applicant to promote a
mutually satisfying parent-child relationship.
(h) Board refers to the Inter-country Adoption
Board.
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. —
There is hereby created the Inter-Country Adoption
Board, hereinafter referred to as the Board to act as
the central authority in matters relating to inter-
country adoption. It shall act as the policy-making
body for purposes of carrying out the provisions of
this Act, in consultation and coordination with the
Department, the different child-care and placement
agencies, adoptive agencies, as well as non-
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Judge Marlo Malagar
governmental organizations engaged in child-care
and placement activities. As such, it shall:
(a) Protect the Filipino child from abuse,
exploitation, trafficking and/or sale or any other
practice in connection with adoption which is
harmful, detrimental, or prejudicial to the child;
(b) Collect, maintain, and preserve confidential
information about the child and the adoptive
parents;
(c) Monitor, follow up, and facilitate completion
of adoption of the child through authorized and
accredited agency;
(d) Prevent improper financial or other gain in
connection with an adoption and deter improper
practices contrary to this Act;
(e) Promote the development of adoption
services including post-legal adoption;
(f) License and accredit child-caring/placement
agencies and collaborate with them in the
placement of Filipino children;
(g) Accredit and authorize foreign adoption
agency in the placement of Filipino children in their
own country; and
(h) Cancel the license to operate and blacklist the
child-caring and placement agency or adoptive
agency involved from the accreditation list of the
Board upon a finding of violation of any provision
under this Act.
Sec. 5. Composition of the Board. — The Board
shall be composed of the Secretary of the
Department as ex officio Chairman, and six (6)
other members to be appointed by the President for
a nonrenewable term of six (6) years: Provided,
That there shall be appointed one (1) psychiatrist or
psychologist, two (2) lawyers who shall have at
least the qualifications of a regional trial court
judge, one (1) registered social worker and two (2)
representatives from non-governmental
organizations engaged in child-caring and
placement activities. The members of the Board
shall receive a per diem allowance of One thousand
five hundred pesos (P1,500) for each meeting
attended by them: Provided, further, That no
compensation shall be paid for more than four (4)
meetings a month.
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Sec. 6. Powers and Functions of the Board. —
The Board shall have the following powers and
functions:
(a) to prescribe rules and regulations as it may
deem reasonably necessary to carry out the
provisions of this Act, after consultation and upon
favorable recommendation of the different agencies
concerned with the child-caring, placement, and
adoption;
(b) to set the guidelines for the convening of an
Inter-country Adoption Placement Committee which
shall be under the direct supervision of the Board;
(c) to set the guidelines for the manner by which
selection/matching of prospective adoptive parents
and adoptive child can be made;
(d) to determine a reasonable schedule of fees
and charges to be exacted in connection with the
application for adoption;
(e) to determine the form and contents of the
application for inter-country adoption;
(g) to institute systems and procedures to
prevent improper financial gain in connection with
adoption and deter improper practices which are
contrary to this Act;
(h) to promote the development of adoption
services, including post-legal adoption services,
(i) to accredit and authorize foreign private
adoption agencies which have demonstrated
professionalism, competence and have consistently
pursued non-profit objectives to engage in the
placement of Filipino children in their own country:
Provided, That such foreign private agencies are
duly authorized and accredited by their own
government to conduct inter-country adoption:
Provided, however, That the total number of
authorized and accredited foreign private adoption
agencies shall not exceed one hundred (100) a
year;
(j) to take appropriate measures to ensure
confidentiality of the records of the child, the natural
parents and the adoptive parents at all times;
(k) to prepare, review or modify, and thereafter,
recommend to the Department of Foreign Affairs,
Memoranda of Agreement respecting inter-country
adoption consistent with the implementation of this
Act and its stated goals, entered into, between and
among foreign governments, international
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Judge Marlo Malagar
organizations and recognized international non-
governmental organizations;
(l) to assist other concerned agencies and the
courts in the implementation of this Act, particularly
as regards coordination with foreign persons,
agencies and other entities involved in the process
of adoption and the physical transfer of the child;
and
(m) to perform such other functions on matters
relating to inter-country adoption as may be
determined by the President.
ARTICLE III
PROCEDURE
Sec. 7. Inter-Country Adoption as the Last
Resort. — The Board shall ensure that all
possibilities for adoption of the child under the
Family Code have been exhausted and that inter-
country adoption is in the best interest of the child.
Towards this end, the Board shall set up the
guidelines to ensure that steps will be taken to place
the child in the Philippines before the child is placed
for inter-country adoption: Provided, however, That
the maximum number that may be allowed for
foreign adoption shall not exceed six hundred (600)
a year for the first five (5) years.
Sec. 8. Who May be Adopted. — Only a legally
free child may be the subject of inter-country
adoption. In order that such child may be
considered for placement, the following documents
must be submitted to the Board:
(a)Child study;
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
(d)Medical evaluation /history;
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 9. Who May Adopt. — An alien or a Filipino
citizen permanently residing abroad may file an
application for inter-country adoption of a Filipino
child if he/she:
(a) is at least twenty-seven (27) years of age and
at least sixteen (16) years older than the child to be
adopted, at the time of application unless the
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adopter is the parent by nature of the child to be
adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file for
the adoption;
(c) has the capacity to act and assume all rights
and responsibilities of parental authority under his
national laws, and has undergone the appropriate
counseling from an accredited counselor in his/her
country;
(d) has not been convicted of a crime involving
moral turpitude;
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and
support and to give the necessary moral values and
example to all his children, including the child to be
adopted;
(g) agrees to uphold the basic rights of the child
as embodied under Philippine laws, the U.N.
Convention on the Rights of the Child, and to abide
by the rules and regulations issued to implement
the provisions of this Act;
(h) comes from a country with whom the
Philippines has diplomatic relations and whose
government maintains a similarly authorized and
accredited agency and that adoption is allowed
under his/her national laws; and
(i) possesses all the qualifications and none of
the disqualifications provided herein and in other
applicable Philippine laws.
Sec. 10. Where to File Application. — An
application to adopt a Filipino child shall be filed
either with the Philippine Regional Trial Court
having jurisdiction over the child, or with the Board,
through an intermediate agency, whether
governmental or an authorized and accredited
agency, in the country of the prospective adoptive
parents, which application shall be in accordance
with the requirements as set forth in the
implementing rules and regulations to be
promulgated by the Board.
The application shall be supported by the following
documents written and officially translated in
English.
(a) Birth certificate of applicant(s);
(b) Marriage contract, if married, and divorce
decree, if applicable;
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Judge Marlo Malagar
(c) Written consent of their biological or adoptive
children above ten (10) years of age, in the form of
sworn statement;
(d) Physical, medical and psychological
evaluation by a duly licensed physician and
psychologist;
(e) Income tax returns or any document showing
the financial capability of the applicant(s);
(f) Police clearance of applicant(s);
(g) Character reference from the local
church/minister, the applicant's employer and a
member of the immediate community who have
known the applicant(s) for at least five (5) years;
and
(h) Recent postcard-size pictures of the
applicant(s) and his immediate family;
The Rules of Court shall apply in case of adoption
by judicial proceedings.
Sec. 11. Family Selection/Matching. — No child
shall be matched to a foreign adoptive family unless
it is satisfactorily shown that the child cannot be
adopted locally. The clearance, as issued by the
Board, with the copy of the minutes of the
meetings, shall form part of the records of the child
to be adopted. When the Board is ready to transmit
the Placement Authority to the authorized and
accredited inter-country adoption agency and all the
travel documents of the child are ready, the
adoptive parents, or any one of them, shall
personally fetch the child in the Philippines.
Sec. 12. Pre-adoptive Placement Costs. — The
applicant(s) shall bear the following costs incidental
to the placement of the child;
(a) The cost of bringing the child from the
Philippines to the residence of the applicant(s)
abroad, including all travel expenses within the
Philippines and abroad; and
(b) The cost of passport, visa, medical
examination and psychological evaluation required,
and other related expenses.
Sec. 13. Fees, Charges and Assessments. —
Fees, charges, and assessments collected by the
Board in the exercise of its functions shall be used
solely to process applications for inter-country
adoption and to support the activities of the Board.
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Sec. 14. Supervision of Trial Custody. — The
governmental agency or the authorized and
accredited agency in the country of the adoptive
parents which filed the application for inter-country
adoption shall be responsible for the trial custody
and the care of the child. It shall also provide family
counseling and other related services. The trial
custody shall be for a period of six (6) months from
the time of placement. Only after the lapse of the
period of trial custody shall a decree of adoption be
issued in the said country a copy of which shall be
sent to the Board to form part of the records of the
child.
During the trial custody, the adopting parent(s)
shall submit to the governmental agency or the
authorized and accredited agency, which shall in
turn transmit a copy to the Board, a progress report
of the child's adjustment. The progress report shall
be taken into consideration in deciding whether or
not to issue the decree of adoption.
The Department of Foreign Affairs shall set up a
system by which Filipino children sent abroad for
trial custody are monitored and checked as reported
by the authorized and accredited inter-country
adoption agency as well as the repatriation to the
Philippines of a Filipino child whose adoption has not
been approved.
Sec. 15. Executive Agreements. — The
Department of Foreign Affairs, upon representation
of the Board, shall cause the preparation of
Executive Agreements with countries of the foreign
adoption agencies to ensure the legitimate
concurrence of said countries in upholding the
safeguards provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. —
(a) Any person who shall knowingly participate in
the conduct or carrying out of an illegal adoption, in
violation of the provisions of this Act, shall be
punished with a penalty of imprisonment ranging
from six (6) years and one (1) day to twelve (12)
years and/or a fine of not less than Fifty thousand
pesos (P50,000), but not more than Two hundred
thousand pesos (P200.000), at the discretion of the
court. For purposes of this Act, an adoption is illegal
if it is effected in any manner contrary to the
provisions of this Act or established State policies,
its implementing rules and regulations, executive
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Judge Marlo Malagar
agreements, and other laws pertaining to adoption.
Illegality may be presumed from the following acts:
(1)consent for an adoption was acquired
through, or attended by coercion, fraud, improper
material inducement;
(2)there is no authority from the Board to effect
adoption;
(3)the procedures and safeguards placed under
the law for adoption were not complied with; and
(4)the child to be adopted is subjected to, or
exposed to danger, abuse and exploitation.
(b)Any person who shall violate established
regulations relating to the confidentiality and
integrity of records, documents and
communications of adoption applications, cases and
processes shall suffer the penalty of imprisonment
ranging from one (1) year and one (1) day to two
(2) years, and/or a fine of not less than Five
thousand pesos (P5,000), but not more than Ten
thousand pesos (P10,000), at the discretion of the
court.
A penalty lower by two (2) degrees than that
prescribed for the consummated felony under this
Article shall be imposed upon the principals of the
attempt to commit any of the acts herein
enumerated.
Acts punishable under this Article, when committed
by a syndicate or where it involves two or more
children shall be considered as an offense
constituting child trafficking and shall merit the
penalty of reclusion perpetua.
Acts punishable under this Article are deemed
committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or
confederating with one another in carrying out any
of the unlawful acts defined under this
Article.Penalties as are herein provided shall be in
addition to any other penalties which may be
imposed for the same acts punishable under other
laws, ordinances, executive orders, and
proclamations.
Sec. 17. Public Officers as Offenders. — Any
government official, employee or functionary who
shall be found guilty of violating any of the
provisions of this Act, or who shall conspire with
private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance
with existing civil service laws, rules and
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regulations: Provided, That upon the filing of a case,
either administrative or criminal, said government
official, employee or functionary concerned shall
automatically suffer suspension until the resolution
of the case.
ARTICLE V
FINAL PROVISIONS
Sec. 18. Implementing Rules and Regulations.
— The Inter-country Adoption Board, in
coordination with the Council for the Welfare of
Children, the Department of Foreign Affairs, and the
Department of Justice, after due consultation with
agencies involved in child-care and placement, shall
promulgate the necessary rules and regulations to
implement the provisions of this Act within six (6)
months after its effectivity.
Sec. 19. Appropriations. — The amount of Five
million pesos (P5,000,000) is hereby appropriated
from the proceeds of the Lotto for the initial
operations of the Board and subsequently the
appropriations of the same shall be included in the
General Appropriations Act for the year following its
enactment.
Sec. 20. Separability Clause. — If any provision,
or part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise
affected, shall remain valid and subsisting.
Sec. 21. Repealing Clause. — Any law, decree,
executive order, administrative order or rules and
regulations contrary to, or inconsistent with the
provisions of this Act are hereby repealed, modified
or amended accordingly.
Sec. 22. Effectivity Clause. — This Act shall take
effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.
Approved: June 7, 1995
[F] A.M. No. 03-04-04-SC
April 22, 2003
RE: PROPOSED RULE ON CUSTODY OF
MINORS AND WRIT OF HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
RESOLUTION
Acting on the letter of the Chairman of the
Committee on Revision of the Rules of Court
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Judge Marlo Malagar
submitting for this Court’s consideration and
approval the Proposed Rule on custody of Minors
and Writ of Habeas Corpus in Relation to Custody of
Minors, the Court Resolved to APPROVE the same.
The Rule shall take effect on May 15, 2003 following
its publication in a newspaper of general circulation
not later than April 30, 2003.
April 22, 2003
RULE ON CUSTODY OF MINORS AND WRIT OF
HABEAS CORPUS
IN RELATION TO CUSTODY OF MINORS
SECTION 1. Applicability. - This rule shall apply
to petitions for custody of minors and writs of
habeas corpus in relation thereto.
The Rules of Court shall apply suppletorily.
Section 2. Petition for custody of minors; who
may file.- A verified petition for the rightful custody
of a minor may be filed by any person claiming such
right. The party against whom it may be filed shall
be designated as the respondent.
Section 3. Where to file petition. - The petition
for custody of minors shall be filed with the Family
Court of the province or city where the petitioner
resides or where the minor may be found.
Section 4. Contents of petition. - The verified
petition shall allege the following:
(a) The personal circumstances of the petitioner and
of the respondent;
(b) The name, age and present whereabouts of the
minor and his or her relationship to the petitioner
and the respondent;
(c) The material operative facts constituting
deprivation of custody; and
(d) Such other matters which are relevant to the
custody of the minor.
The verified petition shall be accompanied by a
certificate against forum shopping, which the
petitioner must sign personally.
Section 5. Summons; personal service on
respondent. - If the court is satisfied that the
petition is sufficient in form and substance, it shall
direct the clerk of court to issue summons, which
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shall be served together with a copy of the petition
personally on the respondent.
Section 6. Motion to Dismiss. - A motion to
dismiss the petition is not allowed except on the
ground of lack of jurisdiction over the subject
matter or over the parties. Any other ground that
might warrant the dismissal of the petition may be
raised as an affirmative defense in the answer.
Section 7. Verified Answer. - The respondent
shall file an answer to the petition, personally
verified by him, within five days after service of
summons and a copy of the petition.
Section 8. Case study; duty of social worker. -
Upon the filing of the verified answer or the
expiration of the period to file it, the court may
order a social worker to make a case study of the
minor and the parties and to submit a report and
recommendation to the court at least three days
before the scheduled pre-trial.
Section 9. Notice of mandatory pre-trial. -
Within fifteen days after the filing of the answer or
the expiration of the period to file answer, the court
shall issue an order: (1) fixing a date for the pre-
trial conference; (2) directing the parties to file and
serve their respective pre-trial briefs in such
manner as shall ensure receipt thereof by the
adverse party at least three days before the date of
pre-trial; and (3) requiring the respondent to
present the minor before the court.
The notice of its order shall be served separately on
both the parties and their respective counsels. The
pre-trial is mandatory.
Section 10. Contents of pre-trial brief. - The
pre-trial brief shall contain the following:
(a) A statement of the willingness of the parties to
enter into agreements that may be allowed by law,
indicating its terms;
(b) A concise statement of their respective claims
together with the applicable laws and authorities;
(c) Admitted facts and proposed stipulations of
facts;
(d) The disputed factual and legal issues;
(e) All the evidence to be presented, briefly stating
or describing its nature and purpose;
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Judge Marlo Malagar
(f) The number and names of the witnesses and
their respective affidavits which shall serve as the
affiant's testimony on direct examination; and
(g) Such other matters as the court may require to
be included in the pre-trial brief.
Failure to file the pre-trial brief or to comply with its
required contents shall have the same effect as
failure to appear at the pre-trial.
Section 11. Effect of failure to appear at the
pre-trial.-(a) If the petitioner fails to appear
personally at the pre-trial, the case shall be
dismissed, unless his counsel or a duly authorized
representative appears in court and proves a valid
excuse for the non-appearance of the petitioner.
(b) If the respondent has filed his answer but fails
to appear at the pre-trial, the petitioner shall be
allowed to present his evidence ex parte. The court
shall then render judgment on the basis of the
pleadings and the evidence thus presented.
Section 12. What may be done at pre-trial. - At
the pre-trial, the parties may agree on the custody
of the minor. If the parties fail to agree, the court
may refer the matter to a mediator who shall have
five days to effect an agreement between the
parties. If the issue is not settled through
mediation, the court shall proceed with the pre-trial
conference, on which occasion it shall consider such
other matters as may aid in the prompt disposition
of the petition.
Section 13. Provisional order awarding
custody. - After an answer has been filed or after
expiration of the period to file it, the court may issue
a provisional order awarding custody of the minor.
As far as practicable, the following order of
preference shall be observed in the award of
custody:
(a) Both parents jointly;
(b) Either parent, taking into account all relevant
considerations, especially the choice of the minor
over seven years of age and of sufficient
discernment, unless the parent chosen is unfit;
(c) The grandparent, or if there are several
grandparents, the grandparent chosen by the minor
over seven years of age and of sufficient
discernment, unless the grandparent chosen is unfit
or disqualified;
Page 42 of 53

(d) The eldest brother or sister over twenty-one
years of age, unless he or she is unfit or
disqualified;
(e) The actual custodian of the minor over twenty-
one years of age, unless the former is unfit or
disqualified; or
(f) Any other person or institution the court may
deem suitable to provide proper care and guidance
for the minor.
Section 14. Factors to consider in determining
custody. - In awarding custody, the court shall
consider the best interests of the minor and shall
give paramount consideration to his material and
moral welfare. The best interests of the minor refer
to the totality of the circumstances and conditions
as are most congenial to the survival, protection,
and feelings of security of the minor encouraging to
his physical, psychological and emotional
development. It also means the least detrimental
available alternative for safeguarding the growth
and development of the minor.
The court shall also consider the following:
(a) Any extrajudicial agreement which the parties
may have bound themselves to comply with
respecting the rights of the minor to maintain direct
contact with the non custodial parent on a regular
basis, except when there is an existing threat or
danger of physical, mental, sexual or emotional
violence which endangers the safety and best
interests of the minor;
(b) The desire and ability of one parent to foster an
open and loving relationship between the minor and
the other parent;
(c) The health, safety and welfare of the minor;
(d) Any history of child or spousal abuse by the
person seeking custody or who has had any filial
relationship with the minor, including anyone
courting the parent;
(e) The nature and frequency of contact with both
parents;
(f) Habitual use of alcohol, dangerous drugs or
regulated substances;
(g) Marital misconduct;
(h) The most suitable physical, emotional, spiritual,
psychological and educational environment for the
holistic development and growth of the minor; and
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Judge Marlo Malagar
(i) The preference of the minor over seven years of
age and of sufficient discernment, unless the parent
chosen is unfit.
Section 15. Temporary visitation rights. - The
court shall provide in its order awarding provisional
custody appropriate visitation rights to the non-
custodial parent or parents, unless the court finds
said parent or parents unfit or disqualified.
The temporary custodian shall give the court and
non custodial parent or parents at least five days'
notice of any plan to change the residence of the
minor or take him out of his residence for more than
three days provided it does not prejudice the
visitation rights of the non-custodial parent or
parents.
Section 16. Hold Departure Order. - The minor
child subject of the petition shall not be brought out
of the country without prior order from the court
while the petition is pending.
The court, motu proprio or upon application under
oath, may issue ex parte a hold departure order,
addressed to the Bureau of Immigration and
Deportation, directing it not to allow the departure
of the minor from the Philippines without the
permission of the court.
The Family Court issuing the hold departure order
shall furnish the Department of Foreign Affairs and
the Bureau of Immigration and Deportation of the
Department of Justice a copy of the hold departure
order within twenty-four hours from its issuance
and through the fastest available means of
transmittal.
The hold departure order shall contain the following
information:
(a) The complete name (including the middle
name), the date and place of birth, the nationality
and the place of last residence of the person against
whom a hold departure order has been issued or
whose departure from the country has been
enjoined;
(b) The complete title and docket number of the
case in which the hold departure order was issued;
(c) The specific nature of the case;
(d) The date of the hold departure order; and
(e) A recent photograph, if available, of the party
against whom a hold departure order has been
Page 43 of 53

issued or whose departure from the country has
been enjoined.
The court may recall the hold departure order motu
proprio, or upon verified motion of any of the parties
after summary hearing, subject to such terms and
conditions as may be necessary for the best
interests of the minor.
Section 17. Protection Order. - The court may
issue a Protection Order requiring any person:
(a) To stay away from the home, school, business,
or place of employment of the minor, other parent
or any other party, or from any other specific place
designated by the court;
(b) To cease and desist from harassing,
intimidating, or threatening such minor or the other
parent or any person to whom custody of the minor
is awarded;
(c) To refrain from acts of commission or omission
that create an unreasonable risk to the health,
safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to
visitation by a court order or a separation
agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the
residence during a specified period of time in order
to take personal belongings not contested in a
proceeding pending with the Family Court; and
(f) To comply with such other orders as are
necessary for the protection of the minor.
Section 18. Judgment. - After trial, the court shall
render judgment awarding the custody of the minor
to the proper party considering the best interests of
the minor.
If it appears that both parties are unfit to have the
care and custody of the minor, the court may
designate either the paternal or maternal
grandparent of the minor, or his oldest brother or
sister, or any reputable person to take charge of
such minor, or commit him to any suitable home for
children.
In its judgment, the court may order either or both
parents to give an amount necessary for the
support, maintenance and education of the minor,
irrespective of who may be its custodian. In
determining the amount of support, the court may
consider the following factors: (1) the financial
resources of the custodial and non-custodial parent
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
and those of the minor; (2) the physical and
emotional health, special needs, and aptitude of the
minor; (3) the standard of living the minor has been
accustomed to; and (4) the non-monetary
contributions that the parents would make toward
the care and well-being of the minor.
The court may also issue any order that is just and
reasonable permitting the parent who is deprived of
the care and custody of the minor to visit or have
temporary custody.
Section 19. Appeal. - No appeal from the decision
shall be allowed unless the appellant has filed a
motion for reconsideration or new trial within fifteen
days from notice of judgment.
An aggrieved party may appeal from the decision by
filing a Notice of Appeal within fifteen days from
notice of the denial of the motion for reconsideration
or new trial and serving a copy thereof on the
adverse parties.
Section 20. Petition for writ of habeas
corpus. - A verified petition for a writ of habeas
corpus involving custody of minors shall be filed
with the Family Court. The writ shall be enforceable
within its judicial region to which the Family Court
belongs.
However, the petition may be filed with the regular
court in the absence of the presiding judge of the
Family Court, provided, however, that the regular
court shall refer the case to the Family Court as
soon as its presiding judge returns to duty.
The petition may also be filed with the appropriate
regular courts in places where there are no Family
Courts.
The writ issued by the Family Court or the regular
court shall be enforceable in the judicial region
where they belong.
The petition may likewise be filed with the Supreme
Court, Court of Appeals, or with any of its members
and, if so granted, the writ shall be enforceable
anywhere in the Philippines. The writ may be made
returnable to a Family Court or to any regular court
within the region where the petitioner resides or
where the minor may be found for hearing and
decision on the merits.
Upon return of the writ, the court shall decide the
issue on custody of minors. The appellate court, or
the member thereof, issuing the writ shall be
furnished a copy of the decision.
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Section 21. Confidentiality of proceedings. -
The hearings on custody of minors may, at the
discretion of the court, be closed to the public and
the records of the case shall not be released to non-
parties without its approval.
Section 22. Effectivity. - This Rule shall take
effect on May 15, 2003 following its publication in a
newspaper of general circulation not later than April
30, 2003.
[G] A.M. No. 02-11-12-SC
March 4, 2003
RE: PROPOSED RULE ON PROVISIONAL
ORDERS
RESOLUTION
Acting on the letter of the Chairman of the
Committee on Revision of the Rules of Court
submitting for this Court's consideration and
approval the Proposed Rule on Provisional Orders,
the Court Resolved to APPROVED the same.
The Rule shall take effect on March 15, 2003
following its publication in a newspaper of general
circulation not later than March 7, 2003
March 4, 2003
RULE ON PROVISIONAL ORDERS
Section 1. When Issued, - Upon receipt of a
verified petition for declaration of absolute nullity of
void marriage or for annulment of voidable
marriage, or for legal separation, and at any time
during the proceeding, the court, motu proprio or
upon application under oath of any of the parties,
guardian or designated custodian, may issue
provisional orders and protection orders with or
without a hearing. These orders may be enforced
immediately, with or without a bond, and for such
period and under such terms" and conditions as the
court may deem necessary.
Section 2. Spousal Support. - In determining
support for the spouses, the court may be guided
by the following rules:
(a) In the absence of adequate provisions in a
written agreement between the spouses, the
spouses may be supported from the properties of
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
the absolute community or the conjugal
partnership.
(b) The court may award support to either spouse
in such amount and for such period of time as the
court may deem just and reasonable based on their
standard of living during the marriage.
(c) The court may likewise consider the following
factors: (1) whether the spouse seeking support is
the custodian of a child whose circumstances make
it appropriate for that spouse not to seek outside
employment; (2) the time necessary to acquire
sufficient education and training to enable the
spouse seeking support to find appropriate
employment, and that spouse's future earning
capacity; (3) the-duration of the marriage; (4) the
comparative financial resources of the spouses,
including their comparative earning abilities in the
labor market; (5) the needs and obligations of each
spouse; (6) the contribution of each spouse to the
marriage, including services rendered in home-
making, child care, education, and career building
of the other spouse; (7) the age and health of the
spouses; (8) the physical and emotional conditions
of the spouses; (9) the ability of the supporting
spouse to give support, taking into account that
spouse's earning capacity, earned and unearned
income, assets, and standard of living; and (10) any
other factor the court may deem just and equitable.
(d) The Family Court may direct the deduction of
the provisional support from the salary of the
spouse.
Section 3. Child Support. - The common children
of the spouses shall be supported from the
properties of the absolute community or the
conjugal partnership.
Subject to the sound discretion of the court,
either parent or both may be ordered to give an
amount necessary for the support, maintenance,
and education of the child. It shall be in proportion
to the resources or means of the giver and to the
necessities of the recipient.
In determining the amount of provisional
support, the court may likewise consider the
following factors: (1) the financial resources of the
custodial and non-custodial parent and those of the
child; (2) the physical and emotional health of the
child and his or her special needs and aptitudes; (3)
the standard of living the child has been
accustomed to; (4) the non-monetary contributions
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that the parents will make toward the care and well-
being of the child.
The Family Court may direct the deduction of
the provisional support from the salary of the
parent.
Section 4. Child Custody. - In determining the
right party or person to whom the custody of the
child of the parties may be awarded pending the
petition, the court shall consider the best interests
of the child and shall give paramount consideration
to the material and moral welfare of the child.
The court may likewise consider the following
factors: (a) the agreement of the parties; (b) the
desire and ability of each parent to foster an open
and loving relationship between the child and the
other parent; (c) the child's health, safety, and
welfare; (d) any history of child or spousal abase by
the person seeking custody or who has had any filial
relationship with the child, including anyone
courting the parent; (e) the nature and frequency
of contact with both parents; (f) habitual use of
alcohol or regulated substances; (g) marital
misconduct; (h) the most suitable physical,
emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if
over seven years of age and of sufficient
discernment, unless the parent chosen is unfit.
The court may award provisional custody in
the following order of preference: (1) to both
parents jointly; (2) to either parent taking into
account all relevant considerations under the
foregoing paragraph, especially the choice of the
child over seven years of age, unless the parent
chosen is unfit; (3} to the surviving grandparent, or
if there are several of them, to the grandparent
chosen by the child over seven years of age and of
sufficient discernment, unless the grandparent is
unfit or disqualified; (4) to the eldest brother or
sister over twenty-one years of age, unless he or
she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless
unfit or disqualified; or (6) to any other person
deemed by the court suitable to provide proper care
and guidance for the child.
The custodian temporarily designated by the"
court shall give the court and the parents five days
notice of any plan to change the residence of the
child or take him out of his residence for more than
three days provided it does not prejudice the
visitation rights of the parents.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
Section 5. Visitation Rights. - Appropriate
visitation rights shall be provided to the parent who
is not awarded provisional custody unless found
unfit or disqualified by the court. .
Section 6. Hold Departure Order. - Pending
resolution of the petition, no child of the parties
shall be brought out of the country without prior
order from the court.
The court, motu proprio or upon application
under oath, may issue ex-parte a hold departure
order, addressed to the Bureau of Immigration and
Deportation, directing it not to allow the departure
of the child from the Philippines without the
permission of the court.
The Family Court issuing the hold departure
order shall furnish the Department of Foreign Affairs
and the Bureau of Immigration and Deportation of
the Department of Justice a copy of the hold
departure order issued within twenty-four hours
from the time of its issuance and through the fastest
available means of transmittal.
The hold-departure order shall contain the
following information:
(a) the complete name (including the middle name),
the date and place of birth, and the place of last
residence of the person against whom a hold-
departure order has been issued or whose
departure from the country has been enjoined;
(b) the complete title and docket number of the
case in which the hold departure was issued;
(c) the specific nature of the case; and
(d) the date of the hold-departure order.
If available, a recent photograph of the
person against whom a hold-departure order has
been issued or whose departure from the country
has been enjoined should also be included.
The court may recall the order. motu proprio
or upon verified motion of any of the parties after
summary hearing, subject to such terms and
conditions as may be necessary for the best
interests of the child.
Section 7. Order of Protection. - The court may
issue an Order of Protection requiring any person:
(a) to stay away from the home, school, business,
or place of employment of the child, other parent or
Page 46 of 53

any other party, and to stay away from any other
specific place designated by the court;
(b) to refrain from harassing, intimidating, or
threatening such child or the other parent or any
person to whom custody of the child is awarded;
(c) to refrain from acts of commission or omission
that create an unreasonable risk to the health,
safety, or welfare of the child;
(d) to permit a parent, or a person entitled to
visitation by a court order or a separation
agreement, to visit the child at stated periods;
(e) to permit a designated party to enter the
residence during a specified period of time in order
to take persona! belongings not contested in a
proceeding pending with the Family Court;
(f) to comply with such other orders as are
necessary for the protection of the child.
Section 8. Administration of Common Property. - If
a spouse without just cause abandons the other or-
fails to comply with his or her obligations to the
family, the court may, upon application of the
aggrieved party under oath, issue a provisional
order appointing the applicant or a third person as
receiver or sole administrator of the common
property subject to such precautionary conditions it
may impose.
The receiver or administrator may not dispose
of or encumber any common property or specific
separate property of either spouse without prior
authority of the court.
The provisional order issued by the court shall
be registered in the proper Register of Deeds and
annotated in all titles of properties subject of the
receivership or administration.
Section 9. Effectivity. - This Rule shall take effect
on March 15, 2003 following its publication in a
newspaper of general circulation not later than
March 7, 2003.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
[H] Republic of the Philippines
SUPREME COURT
Manila
A.M. NO. 02-1-19-SC
RE: PROPOSED RULE ON COMMITMENT OF
CHILDREN
Acting on the letter of the chairman of the
committee on revision of the rules of
courtsubmitting for this court’s consideration and
approval the proposed rule on commitment of
children, the court resolved to approve the same.
The rule shall take effect on April 15, 2002 following
its publication in a newspaper of general circulation
not later than March 15, 2002.
February 28, 2002.
__________________
RULE ON THE COMMITMENT OF CHILDREN
SECTION 1. Objective, -The objective of this Rule
is to ensure that every effort is exerted to promote
the child’s welfare and enhance his opportunities for
a useful and happy life, Toward this end, this Rule
seeks to protect the child from all forms of neglect,
abuse, cruelty, exploitation and other conditions
prejudicial to his development.
SEC. 2. Interpretation. -The best interests of the
child shall be the paramount consideration in all
actions concerning him, whether undertaken by
public or private social welfare institutions, courts of
law, administrative authorities and legislative
bodies consistent with the United Nations
Convention on the Rights of the Child,
SEC. 3. Definition of Terms. –
(a) “Child” is a person below eighteen years of age.
(b) “Department” refers to the Department of Social
Welfare and Development,
(c) “Dependent child” is one who is without a
parent, guardian or custodian, or one whose
parents, guardian or other custodian for good cause
desires to be relieved of his care and custody, and
is dependent upon the public for support.
(d) “Abandoned child” is one who has no proper
parental care or guardianship, or whose parents or
guardian has deserted him for a period of at least
six (5) continuous months.
Page 47 of 53

(e) “Neglected child” is one whose basic needs have
been deliberately unattended to or inadequately
attended to, physically or emotionally, by his
parents or guardian.
(f) “Physical neglect” occurs when the child is
malnourished, ill-clad and without proper shelter.
(g) “Emotional neglect” occurs when a child is
raped, seduced, mal-treated, exploited, overworked
or made to work under conditions not conducive to
good health; made to beg in the streets or public
places, or when placed in moral danger, or exposed
to drugs, alcohol, gambling, prostitution and other
vices.
(h) “Disabled child” includes mentally retarded,
physically handicapped, emotionally disturbed and
mentally ill children, children with cerebral palsy
and those with similar afflictions.
(i) “Mentally retarded child” is one who is (1)
socially incompetent, that is, socially inadequate,
occupational^ incompetent and unable to manage
his own affairs; (2) mentally subnormal; (3)
intellectually retarded from birth or early age; (4)
retarded at maturity; (5) mentally deficient as a
result of constitutional origin through heredity or
diseases or (6) essentially incurable.
(j) “Physically handicapped child” is one who is
crippled, deaf-mute, blind, or otherwise suffers
from a defect which restricts his means of action or
communication with others.
(k) “Emotionally disturbed child” is one who,
although not afflicted with insanity or mental defect,
is unable to maintain normal social relations with
others and the community in general due to
emotional problems or complexes.
(I) “Mentally ill child” is one with any behavioral
disorder, whether functional or organic, which is of
such a degree of severity as to require professional
help or hospitalization.
(m) “Commitment” or “surrender of a child” is the
legal act of entrusting a child to the care of the
Department or any duly licensed child- placement
or child-caring agency or individual by the court,
parent or guardian or any interested party.
(n) “Involuntarily committed child” is one whose
parents have been permanently and judicially
deprived of parental authority due to abandonment;
substantial, continuous, or repeated neglect;
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
abuse; or incompetence to discharge parental
responsibilities in accordance with Section 4 herein.
(o) “Voluntarily committed child” is one whose
parents knowingly and willingly relinquished
parental authority to the Department or any duly
licensed child-placement or child-caring agency or
individual in accordance with Section 3 herein.
(p) “Child-placing or child-placement agency” refers
to a private non-profit or charitable institution or
government agency duly licensed and accredited by
(he Department to provide comprehensive child
welfare services, including but not limited to,
receiving applications for adoption or foster care,
evaluating the prospective adoptive or foster
parents and preparing the home study report.
(q) “Child-caring agency” refers to a private non-
profit or charitable institution or government
agency duly licensed and accredited by the
Department that provides twenty-four hour
residential care services for abandoned, orphaned,
neglected, involuntarily or voluntarily committed
children.
(r) “Guardian ad litem is a person appointed by the
court where the case is pending for a child sought
to be committed to protect his best interests.
(s) “Case Study Report” is a written report of the
result of an investigation conducted by a social
worker as to the socio-cultural, economic and legal
status or condition of the child sought to be
committed. It shall include among others his
developmental age, educational attainment, family
and social relationships, the quality of his peer
group, his family’s strengths and weaknesses and
parental control over him. The report is submitted
to the Family Court to aid it in its evaluation of
whether the child ought to be committed to the care
of the Department or any duly licensed child-
placement or child-caring agency or individual.
SEC. 4. –
(a) Who may file. – The Secretary of the
Department or his authorized representative or
any duly licensed child-placement or child-caring
agency having knowledge of a child who appears
to be dependent, abandoned or neglected, may file
a verified petition for involuntary commitment of
said child to the care of any duly licensed child-
placement or child-caring agency or individual.
(b) Venue. – The petition shall be filed with the
Family Court of the province or city in which the
Page 48 of 53

parent or guardian resides or where the child is
found.
(c) Contents of Verified Petition. -The petition
must state:
1. The names of the parents or guardian and their
place of residence. If the child’s parents are
unknown, petitioner must allege that diligent efforts
have been exerted to locate them. It said parents
are deceased, petitioner shall attach a certified true
copy of their death certificate;
2. The facts showing that the child is dependent,
abandoned, or neglected;
3. The facts showing who has custody of the child
at the time of the filing of the petition; and
4. The name, address and written consent of the
Department or duly licensed child-placement or
child-caring agency or individual to whose care the
commitment of the child is sought to be entrusted.
(d) Summons; Court to Set Time for Hearing. –
If the court is satisfied that the petition is sufficient
in form and substance, it snail direct the clerk of
court to immediately issue summons which shall be
served together with a copy of the petition and a
notice of hearing, upon the parents or guardian of
the child and the office of the public prosecutor not
less than five (5) days before the date of the
hearing. The office of the public prosecutor shall be
directed to immediately transmit the summons to
the prosecutor assigned to the Family Court
concerned.
If it appears from the petition that both parents of
the child are dead or that neither parent can be
found in the province or city where the court is
located and the child has no guardian residing
therein, summons may not be issued and the court
shall thereupon appoint a guardian ad litem
pursuant to Sub-section (f) below and proceed with
the hearing of the case with due notice to the
provincial or city prosecutor.
(e) Social Worker. – After the court sets the
petition for hearing in accordance with Sub-section
(d) above, it shall direct the social worker to submit,
before the hearing, a case study report of the child
to aid it in evaluating whether said child should be
committed to the care of the Department or any
duly licensed child-placement or child-caring
agency or individual. The report shall bear the
signature of the social worker on every page.
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
(f) Guardian Ad Litem of Child. – If neither of the
parents nor the guardian of the child can be located
or does not appear in court despite due notice, or if
the court finds them incompetent to protect the best
interests of the child, it shall be the duty of the court
to appoint a suitable person as guardian ad litem to
represent the child. In making the appointment, the
court shall consider the background of the guardian
ad litem and his familiarity with the judicial process,
social service programs and child development. A
member of the Philippine Bar may be appointed
guardian ad litem.
(g) Child’s Right to Counsel. – The court, upon
request of the child capable of forming his own
views or upon request of his guardian ad litem, shall
appoint a lawyer to represent him in the
proceedings.
(h) Duty of Public Prosecutor. – The provincial or
“city prosecutor shall appear for the State and
ascertain if there has been due notice to all parties
concerned and that there is justification for the
declaration of dependency, abandonment or
neglect.
(i) Hearing. – The court shall direct the person or
agency which has custody of the child to bring the
latter to the court on the date of the hearing of the
petition and shall ascertain the facts and determine
whether the child is dependent, abandoned, or
neglected, and if so, the-cause and circumstances
of such condition.
(j) Judgment. – If, after the hearing, the court
shall find the child to be dependent, abandoned, or
neglected, it shall render judgment committing him
to the care and custody of the Department or any
duly licensed child-placement or child-caring
agency or individual until he reaches the age of
eighteen (18), The judgment shall likewise make
proper provisions for the custody of the property or
money belonging to the committed child.
If the child is committed to the Department, it shall
notify the court within thirty (30) days from the
order of commitment, the name and address of the
duly licensed and accredited child-placement or
child-caring agency or individual where the child
shall be placed.
However, if the court finds that the abandonment or
neglect of the child may be remedied, the child may
be allowed to stay in his own home under the care
and control of his parents or guardian, subject to
supervision and direction of the Department.
Page 49 of 53

(k) Visitation or Inspection. – Any duly licensed
child-placement or child-caring agency or individual
to whom a child has been committed by the court
shall be subject to visitation or inspection by a
representative of the court or of the Department, as
the case may be or of both, to determine whether
the welfare and interests of the child are being
served,
(I) Report of Person or Institution. – Any duly
licensed child-placement or child-caring agency or
individual to whom a child has been committed by
judicial order may at any time be required by the
court to submit a report, containing all necessary
information for determining whether the welfare of
the child is being served.
(m) Temporary Custody of Child. – The duly
licensed child-placement or child-caring agency or
individual to whom a child has been committed may
file a verified motion with the court which granted
the petition for involuntary commitment of a child
to place him in the care of any suitable person, upon
the latter’s request, for a period not exceeding one
month at a time. The court may order the social
worker to submit a case study report to aid it in
evaluating whether such temporary custody shall be
for the best interests of the child. The period of
temporary custody of the child may be extended by
the court for a period not exceeding one month at a
time upon motion of the duly licensed child-
placement or child-caring agency or individual to
which the child has been committed.
The court, motu proprio, or upon request of the
child assisted by his guardian ad litem, or at the
instance of the agency or person to whom the child
was committed, after due notice and hearing, shall
discontinue the temporary custody of the child if it
appears that he is not being given proper care.
After one month from the date temporary custody
of the child was given to another suitable person,
the agency or individual shall submit to the court a
verified report on whether the temporary custody of
the child has promoted his best interests.
(n) Change of Custody. – If the child is committed
to the Department, it shall have the authority to
change the custody o! a child it had placed with any
duly licensed child-placement or child-caring
agency or individual if it appears that such change
is for the best interests of the child. The Department
shall notify the court of any change in custody of
the child,
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
When conflicting interests arise among child-
placement or child-caring agencies, the court which
granted the involuntary commitment of the child,
upon motion of the Department or any of the
agencies concerned, shall order the change of
commitment of the child.
(o) Removal of Custody. – A motion to remove
custody of a child may be filed by an authorized
representative of the Department with knowledge of
the facts against a child-placement or child-caring
agency or individual to whose custody a child has
been committed by the court on the ground of
neglect of such child as defined in Section 3 (e) of
this Rule. The court shall set the motion for hearing
with notice to the public prosecutor and the court-
designated social worker. If the court finds after
hearing that the allegations of the motion have been
established and that it is for the best interests and
welfare of the child, the court shall issue an order
removing him from the custody of the person or
agency, as the case may be, and committing him to
the custody of another duly licensed child-
placement or child-caring agency or individual.
In the same proceeding, the court may suspend or
revoke the license of the agency or individual found
guilty of such neglect depending upon the gravity or
frequency of the offense.
(p) Restoration of Parental Authority After
Involuntary Commitment. –
(i) Who may file; Ground. – The parents or guardian
of a child committed to the care of a person, agency
or institution by judicial order may file a verified
motion for the restoration of his rights over the child
with the court which granted the involuntary
commitment on the ground that he is now able to
take proper care and custody of said child, provided,
however, that the child has not yet been adopted.
(ii) Notice of Hearing. – The court shall fix the time
and date for the hearing of the motion, which shall
not be earlier than thirty (30) days nor later than
sixty (60) days from the date of the filing of said
motion and cause notice of the hearing to be sent
to the person, agency or institution to which the
child has been committed, the public prosecutor and
the court-designated social worker, at least five (5)
days before the date of hearing.
(iii) Hearing. – At the hearing, any person may be
allowed to intervene at the discretion of the court to
contest the right to the relief demanded. Witnesses
Page 50 of 53

may be called and examined by the parties or by
the court motu proprio.
(iv) Resolution. – If it is found that the cause for the
commitment of the child no longer exists and that
the movant is already able to take proper care and
custody of the child, the court, after taking into
consideration the best interests and the welfare of
the child, shall issue a resolution terminating the
parental authority of the person, agency or
institution to whom the child was committed by
judicial order and restoring parental authority to the
movant.
q) Jurisdiction for Prosecution of Punishable
Acts. – The Family Court which granted the
involuntary commitment shall have jurisdiction over
the prosecution of a child who left without prior
permission from the person or institution to which
he has been judicially committed or the person
under whose custody he has been judicially
committed in accordance with Sub-section (m) of
Section 4 of this Rule. It shall likewise have
jurisdiction over the person who induced the child
to leave such person or institution, except in case of
actual or imminent grave physical or moral danger
to the child. The Family Court which granted the
involuntary commitment shall also have jurisdiction
over the prosecution of parents or guardians of the
child who may be held liable under Articles 59 and
60 of P.D. No. 603 and Sections 9, 10 and 31 of R.A.
No. 7610.
SEC. 5. Voluntary Commitment of a Child to an
Institution or Individual. – The parent or
guardian of a dependent, abandoned or neglected
child may voluntarily commit him to the Department
or any duly licensed child- placement or child-caring
agency or individual subject to the rules of the
Department. However, no child shall be committed
unless he is surrendered in writing by his parents or
guardian stating such voluntary commitment and
specifically naming the office, agency, or individual
to whose custody the child is to be committed. Such
written instrument should be notarized and signed
in the presence of an authorized representative of
the Department after counseling and other services
have been made available to encourage the child’s
parents to keep the child.
(a) Petition for Removal of Custody. –
(i) Who may file; Ground. – The parents or guardian
who voluntarily committed the child, or in their
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
absence or failure, any person with knowledge of
the facts, may file a verified petition to remove
custody of the child against the child-placement or
child-caring agency or individual to whose custody
the child has been voluntarily committed on the
ground of neglect of such child as defined in Section
3 (e) of this Rule. A child may also be removed from
the custody of the child-placement or child-caring
agency or individual on the ground that the
voluntary commitment of the child was unjustified.
(ii) Venue. – The petition shall be filed with the
Family Court of the province or city where the child-
placement or child-caring agency to which the child
has been voluntarily committed is located or where
the child may be found.
(iii) Contents of Verified Petition. – The petition
must state:
The name and address of the child-placement or
child-caring agency or individual to whose custody
the child has been voluntarily committed;
The facts showing that the child has been neglected
by the agency or in cases where the voluntary
commitment was unjustified, that the parents of the
child are actually capable of taking care and custody
of the child;
The name, address and written consent of the duly
licensed child-placement or child-caring agency or
individual to whose care the child may be
transferred.
The facts showing that petitioner has exhausted the
administrative remedies available to him,
(iv) Notice of Hearing. – If the petition is sufficient
in form and substance, the court shall set the same
for hearing with notice to the Department, the
public prosecutor, the court-designated social
worker, the agency or individual to whom the child
has been committed and in appropriate cases, the
parents of the child.
(v) Judgment. – If after hearing the court finds that
the allegations of the petition have been established
and that it is for the best interests and welfare of
the child, it shall issue an order removing the child
from the custody of the person or agency
concerned, and committing him to the custody of
another duly licensed child-placement or child-
caring agency or individual.
The court, in the same proceeding may, after
hearing the comment or recommendation of the
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Department, suspend or revoke the license of the
agency or individual found guilty of such neglect
depending upon the gravity or frequency of the
offense.
(b) Restoration of Parental Authority After
Voluntary Commitment. – The restoration of
rights of the parent or guardian over the child who
has been voluntarily committed shall be governed
by the rules of the Department, provided, however,
that the petition for restoration is filed within six (6)
months from the date of voluntary commitment. In
case the Department refuses to grant legal custody
and parental authority to the parent or guardian
over the child who has been voluntarily committed
to an agency or individual, the parent or guardian
may file a petition in court for restoration of parental
authority in accordance with Section 4 (p) of this
Rule.
(c) Jurisdiction for Prosecution of Punishable
Acts. – The Family Court of the place where the
child may be found or where the duly licensed child-
placement or child-caring agency or individual is
located shall have jurisdiction over the prosecution
of a child who left without prior permission from the
person or institution to which he has been
voluntarily committed. It shall likewise have
jurisdiction over the person who induced the child
to leave such person or institution, except in case of
grave actual or imminent physical or moral danger,
to the child. The same Family Court shall also have
jurisdiction over the prosecution of parents or
guardians of the child who may be held liable under
Articles 59 and 60 of P.O. No, 603 and Sections 9,
10 and 31 of R.A. No. 7610.
SEC. 6. Petition for Commitment of a Disabled
Child. –
(a) Who may file. – Where a child appears to be
mentally retarded physically handicapped,
emotionally disturbed, mentally ill, with cerebral
palsy or with similar afflictions and needs
institutional care but his parents or guardians are
opposed thereto, the Department, or any duly
licensed child-placement or child-caring agency or
individual may file a verified petition for
commitment of the said child to any reputable
institution providing care, training and rehabilitation
for disabled children.
The parents or guardian of the child may file a
similar petition in case no immediate placement can
SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar
be arranged for the disabled child when his welfare
and interests are at stake,
(b) Venue. – The petition for commitment of a
disabled child shall be filed with the Family Court of
the place where the parent or guardian resides or
where the child is found.
(c) Contents of Verified Petition. – The petition for
commitment must stale the following:
(1) The facts showing that the child appears to be
mentally retarded, physically handicapped,
emotionally disturbed, mentally ill, with cerebral
‘palsy or with similar afflictions and needs
institutional care;
(2) The name of the parents and their residence, if
known, or if the child has no living parent, the name
and residence of the guardian, if any; and
(3) The fact that the parents or guardian or any duty
licensed disabled child-placement or child-caring
agency, as the case may be, has opposed the
commitment of such child;
(4) The name and written conformity of the
institution where the child is to be committed.
(5) An estimate of the costs and other expenses of
maintaining the child in the institution.
The verified petition shall be sufficient if based upon
the personal knowledge of the petitioner.
(d) Order of Hearing; Notice. – If the petition filed
is sufficient in form and substance, the court, by an
order reciting the purpose of the petition, shall fix
the date of the hearing thereof, and a copy of such
order shall be served on the child alleged to be
mentally retarded, physically handicapped,
emotionally disturbed, mentally ill, with cerebral
palsy or with similar afflictions and on the person
having charge of him or any of his relatives residing
in the province or city as the court may deem
proper.
The order shall also direct the sheriff or any other
officer of the court to produce, if necessary, the
alleged disabled child on the date of the hearing.
(e) Hearing and Judgment. – If the court finds that
the allegations of the petition have been established
and that institutional care of the child is for his best
interests or the public welfare and that his parents,
or guardian or relatives are unable for any reason
whatsoever to take proper care of him, the court
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 SPECIAL PROCEEDINGS | LAWS/RULES/OTHERS
Judge Marlo Malagar

shall order his commitment to the proper institution

for disabled children. The court shall likewise make
proper provisions for the custody of the property or
money belonging to the committed child.

The expense of maintaining a disabled child in the

institution to which he has been committed shall be
borne primarily by the parents or guardian and
secondarily, by such disabled child, if he has
property of his own.

In all cases where the expenses for the maintenance

of the disabled child cannot be paid in accordance
with the immediately preceding paragraph, the
Department shall bear the expenses, or such part
thereof as may remain unpaid.

The court shall furnish the institution to which the

child has been committed with a copy of its
judgment, together with ail the reports and other
data pertinent to the case.

(f) Discharge of Judicially Committed Disabled

Child. – Upon motion of the parent, guardian or
institution to which the child has been judicially
committed under this Rule, the court, after hearing,
shall order the discharge of such child if it is
established and certified by the Department that:

(1) He is no longer a danger to himself and the

community;

(2) He has been sufficiently rehabilitated from his

physical handicap or if of working age, is already fit
to engage in gainful occupation; or

(3) He has been sufficiently relieved of his

psychological, mental and emotional problems and
is ready to assume normal social relations.

SEC. 7. Effectivity. – This rule shall take effect on

April 15, 2002 after its publication in a newspaper
of general circulation not later than March 15, 2002.

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