RULE 101

PETITION FOR HOSPITALIZATION OF INSANE PERSONS

PETITION FOR COMMITMENT

Court of First Instance

Director of Health (Provincial/ City Fiscal)
All cases where, in his opinion, such commitment
is for the public welfare, or for the welfare of said
person who, in his judgement, is insane and such
person or the one having charge of him is
opposed to his being taken to a hospital or
other place for the insane.
 HOSPITALIZATION OF INSANE PERSONS

JUDGMENT
• Based on
satisfactory proof
HEARING
• Sherriff to produce
the alleged insane
Order for Hearing
• Sufficient in form
and substance
Petition for
• Date set by the
Commitment/ court
Discharge • Copies properly
• Director of Health served
 JUDGMENT

Order Discharge
Commitment the Insane
DISCHARGE OF INSANE

Court of First Instance which ordered the

commitment
Director of Health (Provincial/ City Fiscal)
The person ordered to be committed to a
hospital or other place for the insane is:
temporarily or permanently cured, or
may be released without danger
RULE 104
VOLUNTARY DISSOLUTION OF CORPORATIONS
Corporation Code (Batas Pambansa Blg. 68)

Jurisdiction: Securities and Exchange Commission

Where no creditors are affected

Where creditors are affected
Shortening of Corporate Term
 Where no creditors are affected
 Majority vote of the board of directors or trustees;
 Sending of notice of each stockholders or member either by registered mail
or personal delivery at least thirty (30) days prior to the meeting (scheduled
by the board for the purpose of submitting the board action to dissolve the
corporation for approval of the stockholder or members.);
 Publication of the notice of time, place and subject of the meeting for three
(3) consecutive weeks in a newspaper published in the place where the
principal office of said corporation is located or in a newspaper of general
circulation in the Philippines;
 Resolution adopted by the affirmative vote of the stockholders owning at
least 2/3 of the outstanding capital stock or 2/3 of the members at the
meeting duly called for the purpose;
 A copy of the resolution authorizing the dissolution must be certified by a
majority of the board of directors or trustees and countersigned by the
corporate secretary;
 Issuance of a certificate of dissolution by the SEC.
 Failure to comply with requirements:
The dissolution will have no effect on the legal
existence of the corporation. In other words, a
corporation being a creation of the law by the
grant of its existence by the State, may only be
dissolved in the manner prescribed by the law of
its creation. Since it is the State that grants its right
to exist, it is only through the State which can
allow the termination of its existence. Unless
dissolved pursuant thereto, a corporation does
not cease to have a juridical personality.
 Daguhoy Enterprises vs. Ponce
A mere resolution by the stockholders or
the Board of Directors of a corporation to
dissolve the same does not affect the
dissolution but that some other steps,
administrative or judicial is necessary
 Where creditors are affected
 Affirmative vote of the stockholders representing at least 2/3 of the outstanding capital stock or
at least 2/3 of the members at a meeting duly called for that purpose;
 Petition for dissolution shall be filed with the SEC (the proper forum) signed by a majority of its
board of directors or trustees or other officers having the management of its affairs, verified by
the president or secretary or one of its directors or trustees, setting forth all claims and demands
against it.
 Issuance of an order by the SEC reciting the purpose of the petition and fixing the date on or
before which objections thereto may be filed by any person, which date shall not be less than
thirty days nor more than sixty days after entry of the order.
 Before such date, a copy of the order must be published once a week for three (3) consecutive
weeks in a newspaper of general circulation published in the city or municipality where the
principal office is situated or in a newspaper of general circulation in the Philippines.
 Posting of the same order for three (3) consecutive weeks in three (3) public places in such city or
municipality.
 Upon five (5) days’ notice, given after the date on which the right to file objections has expired,
the SEC shall hear the petition and try any issue made by the objections filed.
 Judgment dissolving the corporation and directing of its assets as justice requires and the
appointment of a receiver (if necessary in its discretion) to collect such assets and pay the debts
of the corporation
 Appointment of a Receiver
The appointment of a receiver is only permissive. As
can be gleaned from the second paragraph of Sec.
119, it uses the phrase “and may appoint a receiver”,
showing the clear intent of the law that the same is
merely discretionary on the part of the proper forum.
Such language, held by the High Court, “tends to
recognize that in cases of voluntary dissolution, there is
no occasion for the appointment of a receiver except
under special circumstances and upon proper
showing” (China Bank vs. Michellin)
Shortening Corporate Term
 Shortening of the corporate term with the effect of dissolution
is a special type of amendment covered and governed by
special provisions.
 Thus, while the general provision on amendment under the
Securities Regulation Code allows “written assent” in
determining the voting requirement for ordinary amendments,
it must be cast at a duly constituted meeting.
 The rule that the amendment of the Articles of Incorporation is
deemed approved if not acted upon by the SEC within 6
months from the date of filing for a cause not attributable to
the corporation. This is not applicable in case of shortening the
corporate term which will have the effect of dissolution in Sec.
120, which requires the approval of the SEC.
 Approval of the SEC is mandatory.
RULE 105
JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF
MINOR NATURAL CHILDREN
 Sec. 1. Venue. - Where judicial approval of a voluntary
recognition of a minor natural child is required, such child or
his parents shall obtain the same by filing a petition to that
effect with the Court of First Instance of the province in
which the child resides. In the City of Manila, the petition
shall be filed in the Juvenile and Domestic Relations Court.
Under article 172 of Family Code Judicial
approval of voluntary recognition is not
required if made in the following

 Record of birth
 Final judgement
 Admission in a public instrument
 Private handwritten instrument signed by the parent
concerned
A judicial approval of recognition is only
required only when filiation is proved by:

1.open and continuous possession of status

of legitimate child

2.by other means that allowed by rules of

court and special laws
Gono –Javier vs CA

 a claim for recognition is predicated on other evidence merely

tending to prove paternity, i.e., outside of a record of birth, a
will, a statement before a court of record or an authentic writing,
judicial action within the applicate statute of limitations 5 is
essential in order to establish the child's acknowledgment. Thus,
the mere possession of status of a child, contrary to the
assertion in passing of petitioners, does not itself constitute an
acknowledgment; it is only a ground for the child to compel, by
judicial action, recognition by his assumed parent.
 Voluntary recognition, it has been said, "is an admission of the
fact of paternity or maternity by the presumed parent, expressed
in the form prescribed by the Civil Code. Its essence lies in the
avowal of the parent that the child is his; the formality is added
to make the admission incontestable, in view of its
consequences." 9 The form is prescribed by Article 278 of the
Civil Code, earlier adverted to; it provides that a voluntary
recognition "shall be made in the record of birth, a will, a
statement before a court of record, or in any authentic writing." 1
 Compulsory recognition is sometimes also called judicial
recognition, to distinguish it from that which is a purely
voluntary act of the parent. 11 It is recognition decreed by final
judgment of a competent court. It is governed by Articles 283
and 284, setting forth the cases in which the father or mother,
respectively, is obliged to recognize a natural child, and Article
285 providing that generally, the action for recognition of natural
children may be brought only during the lifetime of the presumed
parents.
 Sec. 2. Contents of petition. - The petition for judicial approval of
a voluntary recognition of a minor natural child shall contain the
following allegations
 (a) The jurisdictional facts;
 (b) The names and residences of the parents who acknowledged
the child, or of either of them, and their compulsory heirs, and
the person or persons with whom the child lives;
 (c) The fact that the recognition made by the parent or parents
took place in a statement before a court of record or in an
authentic writing, copy of the statement or writing being
attached to the petition.
When to file action

 Art. 173. The action to claim legitimacy may be brought by the

child during his or her lifetime and shall be transmitted to the
heirs should the child die during minority or in a state of insanity.
In these cases, the heirs shall have a period of five years within
which to institute the action.
 Art. 175. Illegitimate children may establish their illegitimate
filiation in the same way and on the same evidence as legitimate
children.
 The action must be brought within the same period specified in
Article 173, except when the action is based on the second
paragraph of Article 172, in which case the action may be
brought during the lifetime of the alleged parent
Who should be impleaded as parties

 The child filing the petition for judicial approval of his recognition as
a natural child should implead as respondent, his ALLEGED FATHER
AND THEIR COMPULSURY HEIRS as indispensable parties
 Sec. 4. Opposition. - Any interested party must, within fifteen
(15) days from service, or from the last date of publication, of
the order referred to in the next preceding section, file his
opposition to the petition, stating the grounds or reasons
therefor.
 Sec. 5. Judgment. - If, from the evidence presented during the
hearing, the court is satisfied that the recognition of the minor
natural child was willingly and voluntarily made by the parent or
parents concerned, and that the recognition is for the best
interest of the child, it shall render judgment granting judicial
approval of such recognition.
 Sec. 6. Service of judgment upon civil registrar. - A copy of the
judgment rendered in accordance with the preceding section
shall be served upon the civil registrar whose duty it shall be to
enter the same in the register.
RULE 106
CONSTITUTION OF FAMILY HOME
 This is repealed by the Family code on August 3,
1987
What is meant by family
home (FH) and how is it
constituted
 It is the dwelling house where the husband and wife
and their family reside, and the land on which it is
situated; it is constituted jointly by the husband and
the wife or by an unmarried head of a family.
Guidelines in the constitution of the
family home

 is deemed constituted from the time of Actual occupation as a

family residence;
 Only 1 FH may be constituted;
 must be Owned by the person constituting it;
 Permanent;
 same rule applies to both valid and voidable marriages and even
to common law spouses; (Arts. 147 and 148)
 Continues despite death of one or both spouses or an unmarried
head of the family for 10 years or as long as there is a minor
beneficiary.
What are the exceptions to the rule that the
FH is exempt from execution, forced sale or
attachment?

 Debts due to Laborers, mechanics, architects, builders, material

men and others who rendered service or furnished materials for
the constitution of the building;
 Non‐payment of Taxes;
 Debts incurred Prior to constitution;
 Debts secured by Mortgages on the family home.

 Note: Exemption is limited to the value allowed in the FC

Who are the beneficiaries of a FH?

 Husband and wife, or unmarried head of the family

 Parents (may include parents‐in‐law), ascendants, brothers and
sisters (legitimate or illegitimate) living in the FH and dependent
on the head of the family for support
Cabang vs Basay
 As defined, "[T]he family home is a sacred symbol of family love and is the
repository of cherished memories that last during one’s lifetime.21 It is the
dwelling house where the husband and wife, or an unmarried head of a
family reside, including the land on which it is situated. It is constituted
jointly by the husband and the wife or by an unmarried head of a
family."Article 153 of the Family Code provides that –
 The family home is deemed constituted from the time it is occupied as a
family residence. From the time of its constitution and so long as any of its
beneficiaries actually resides therein, the family home continues to be such
and is exempt from execution, forced sale or attachment except as
hereinafter provided and to the extent of the value allowed by law.
 The actual value of the family home shall not exceed, at the time of its
constitution, the amount of P300,000.00 in urban areas and P200,000.00 in
rural areas.Under the afore-quoted provision, a family home is deemed
constituted on a house and a lot from the time it is occupied as a family
residence. There is no need to constitute the same judicially or extra-
judicially
 The family home must be established on the properties of (a)
the absolute community, or (b) the conjugal partnership, or
(c) the exclusive property of either spouse with the consent of
the other. It cannot be established on property held in co-
ownership with third persons. However, it can be established
partly on community property, or conjugal property and
partly on the exclusive property of either spouse with the
consent of the latter.
 If constituted by an unmarried head of a family, where there
is no communal or conjugal property existing, it can be
constituted only on his or her own property
The foregoing rules on constitution of
family homes, for purposes of
exemption
: from execution, could be
summarized as follows
 First, family residences constructed before the effectivity of the
Family Code or before August 3, 1988 must be constituted as a
family home either judicially or extrajudicially in accordance with the
provisions of the Civil Code in order to be exempt from execution;
 Second, family residences constructed after the effectivity of the
Family Code on August 3, 1988 are automatically deemed to be
family homes and thus exempt from execution from the time it was
constituted and lasts as long as any of its beneficiaries actually
resides therein;
 Third, family residences which were not judicially or extrajudicially
constituted as a family home prior to the effectivity of the Family
Code, but were existing thereafter, are considered as family homes
by operation of law and are prospectively entitled to the benefits
accorded to a family home under the Family Code.
 The right of exception is a personal privilege granted
 It must be claimed by the debtor himself before the
public auction
 The claim must be proved by the debtor to the sheriff
 Having failed to prove it before sale at public auction,
the detor shall be barred in raising the same and
estopped with the exception