Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Administrative Matters
Finals – 45%
Recitation – 35%
Attendance – 20%
There is no grade of “4.0”. As such, no removals will be given. A student who fails in class
will automatically get a “5.0”.
At the professor’s discretion, presentations on certain Rules may be assigned to students
who need to make up.
Every absence in class, whether excused or not, will automatically result in a deduction of
0.25 in the credits given for Attendance. A perfect attendance in class will entitle a student
to a grade of “1.00”.
Grade Equivalents:
97 – 100 = 1.00
94 – 96 = 1.25
90 – 93 = 1.50
87 – 89 = 1.75
83 – 86 = 2.00
80 – 82 = 2.25
77 – 79 = 2.50
74 – 76 = 2.75
70 – 73 = 3.00
0 – 69 = 5.00
I. Introduction
Also cf. Rule 1, Sec 3(c), BP No. 129, as amended, Sec. 19 and 33
Jurisdiction
Subject Matter
Applicability of rules on civil actions
Distinction from civil actions
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Based on the course outlines of Prof. Gerard L. Chan and Prof. Chrysilla Carissa P. Bautista
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Portugal v. Portugal-Beltran, GR 155555, August 16, 2005
Reyes Espiridion v. Enriquez, GR 162956, April 10, 2008
Hilado v. CA, GR 164108, May 8, 2009
Sheker v. Estate of Sheker, GR 157912, December 13, 2007
Vda de Manalo v. CA, GR 129242, January 16, 2001
Natcher v. CA, GR 133000, October 2, 2001
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Avelino v. CA, GR 115181, March 31, 2000
Spouses Domingo v. Roces, GR 147468, April 9, 2003
McMicking v. Sy Conbieng, 21 Phil 211 (1912)
Jerez v. Nietes, 30 SCRA 905 (1969)
Gerona v. de Guzman, 11 SCRA 153 (1964)
Amerol v. Bagumbaran, GR L-3326, September 30, 1987
Estate of Francisco v. Carreon, 95 Phil. 237 (1954)
Cua v. Vargas, GR 156536, October 31, 2006
Bautista v. Bautista, GR 160556, August 3, 2007
Neri v. Heirs of Uy, GR 194336, October 10, 2012
Probate Mandatory
Probate Proceeding in Rem
Who may petition; persons entitled to notice
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Rule 78 Letters Testamentary and of Administration, When and to Whom
Issued
Ngo The Hua v. Chung Kiat Hua,GR L-17091, September 30, 1963
Maloles II v. Phillips, GR 129505, January 31, 2000, supra
Lim v. Diaz-Millares, GR L-17633, October 19, 1966
Baluyut v. Cruz-Pano, GR L-42088, May 7, 1976
Tan v. Del Rosario, GR L-35903, October 27, 1932
Angeles v. Maglaya, GR 153798, September 2, 2005
Vancil v. Belmes, GR 132223, June 19, 2001
Gabriel v. CA, GR 101512, August 7, 1992
De Guzman v. Limcolioc, GR L-46134, April l8, 1939
Torres v. Sicat, GR L-5236, May 25, 1953
Suntay III v. Suntay, GR 183053, June 16, 2010 and October 10, 2012
Interested Party
Duran v. Duran,GR L-23372, June 14, 1967
Tayag v. Tayag-Gallor, GR 174680, March 24, 2008
Gutierrez Del Campo v. Calderon, GR 39769, March 9, 1934
Garcia vda. de Chua v. CA, GR 116835, March 5, 1998
De Guzman v. Angeles, GR 78590, June 20, 1988
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Conditions of the Bond
Period
Provisional Inclusion in Inventory
Powers
Conflict of Interest
Duty to Account
Charges and Expenses of the Administrator
Improper Charges
5
Period to File Claims; Exceptions; Statute of Non-Claims
Nature of Claims
Procedure
Payment of Debts
Attorney’s fees
Partial Distribution
Order of Partition/Distribution
Recognition of Heirship
6
Gatmaitan v. Medina, GR L-14400, August 5, 1960
Quasha Pena v LCN Construction Corp, GR 174873, August 26, 2008, supra
Torres v. Encarnacion, GR L-4681, July 31, 1951
Imperial v. Munoz, GR L-30787, August 29, 1974
Silvio v. CA, GR 83484, February 2, 1990
Nunal v. CA, GR 94005, April 6, 1993
Guy v. CA, GR 163707, September 15, 2006
Other Rules
Rule 91 Escheats
Also cf. Act No. 3936; R.A. No. 8435; Constitution, Art. XII, Secs. 2, 3, 7 and 8; Art. XIII,
Sec. 1
When to file
Requisites for filing of petition
Remedy of respondent against petition; period for filing a claim
Municipal Council of San Pedro v. Colegio de San Jose, GR L-45460, February 25,
1938
Tan v. City of Davao, GR L-44347, September 29, 1988
Republic v. CA & Solano, GR 143483, January 31, 2002
RCBC v. Hi-Tri Development Corp., GR 192413, June 13, 2012
Rule 98 Trustees
Also cf. Rule 73, Sec. 4; Civil Code, Art. 381to 391; Family Code, Art. 41
7
Tol-Noquero v. Villasor, GR 84250, July 20, 1992
Santos v. Santos, GR 1877061, October 8, 2014
Republic v. Cantor, GR 184621, December 10, 2013
AM No. 02-11-10-SC dated March 4, 2003; OCA Circular No. 96-03 dated July 31, 2003;
Rule 9, Sec. 3(e); Rule 34, Sec. 1; Rule 108; Family Code, Arts. 35 to 54
Legal Separation
AM No. 02-11-11-SC dated March 4, 2003; OCA Circular 96-03 dated July 31, 2003; Rule 9,
Sec. 3(e); Rule 34, Sec. 1; Rule 108; Family Code, Arts. 55 to 67
Provisional Orders
Guardianship
Rules 92 to 97 [in relation to incompetents]; AM No. 03-02-05-SC dated April 1, 2003) [in
relation to minors]
8
Parco v. CA, GR L-33152, January 30, 1982
Paciente v. Dacuycuy, GR L-58319, June 29, 1982
Badillo v. Ferrer, GR 51369, July 29, 1987
Uy v. Jardeleza, GR 109557, November 29, 2000
Vancil v. Belmes, GR 132223, June 19, 2001, supra
Goyena v. Ledesma-Gustilo, GR 147148, January 13 2003
Adoption
Domestic Adoption
R.A. No. 8552 (1998); R.A. No. 9523; BP No. 129, Sec. 6, 7 and 20; R.A. No. 8369, Sec. 5
Inter-Country Adoption
When allowed
Functions of the RTC
“Best interest of the minor” standard
AM No. 03-04-04-SC
Also cf. AM No. 02-11-12-SC, Sec. 1, 4-6 [re: Procedure on Custody in Petitions for
Declaration of Absolute Nullity or Void Marriages or Legal Separation];AM No. 02-1-19-SC
(dated February 28, 2002), Sec. 4-6 [re: Custody of Vagrant or Abused Children]
9
Briones v. Miguel, G.R. No. 156343, 18 October 2004
Sy v. CA, GR 124518, December 27, 2007
Pablo-Gualberto v. Gualberto, GR 154994, June 28, 2005
Militante v. Cada-Deapera, GR 210636, July 28, 2014
Change of Name
NOTE: RA No. 9255 [re: Allowing Illegitimate Children to Use the Surname of their
Father]
Clerical Errors
10
RA No. 9048, as amended by RA No. 10172 (Clerical Error Law)
Rule 108
Also cf. Civil Code, Art. 376 and 412; PD No. 651 (1975); RA No. 9046; RA No. 9255;
Commonwealth Act No. 142 (1936)
Rule 102
Also cf. Constitution, Art. III, Sec. 15 and Art. VII, Sec. 18; AM No. 07-9-12-SC dated
September 25, 2007; AM No. 08-1-16-SC dated January 22, 2008
11
Writ of Amparo
Coverage
Distinguish from writs of Habeas Corpus and Habeas Data
Differences between Amparo and Search Warrant
Who may file?
Contents of return
Effects of failure to file return
Omnibus Waiver Rule
Procedure for hearing
Institution of separate action
Effect of filing of a criminal action
Consolidation
Interim reliefs available to petitioner and respondent
Quantum of proof in application for issuance of writ of amparo
12
Vivares v. St. Theresa's College, GR 202666, September 29, 2014
Lee v. Ilagan, GR 203254, October 8, 2014
Writ of Kalikasan
Financial Rehabilitation
RA No. 10142 (2010); AM No. 12-12-11-SC dated August 27, 2013 (Financial Rehabilitation
Rules of Procedure)
RA No. 876 (1953); RA No. 9285 (2004); AM No. 07-11-08-SC dated September 1, 2009
Rule 109
Also cf. AM No. 07-9-12-SC dated September 25, 2007, Rule 19; AM No. 08-1-16-SC dated
January 22, 2008, Rule 19; AM No. 02-11-10-SC dated March 4, 2003, Sec. 20; AM No. 02-
11-11-SC dated March 4, 2003, Sec. 17
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