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Section 18. When prisoner may Section 19. Record of writ, fees
be removed from one custody and costs. The proceedings
to another. A person upon a writ of habeas
committed to prison, or in corpus shall be recorded by the
custody of an officer, for any clerk of the court, and upon the
criminal matter, shall not be final disposition of such
removed therefrom into the proceedings the court or judge
custody of another unless by shall make such order as to
legal process, or the prisoner costs as the case requires. The
be delivered to an inferior fees of officers and witnesses
officer to carry to jail, or, by shall be included in the costs
order of the proper court or taxed, but no officer or person
judge, be removed from one shall have the right to demand
place to another within the payment in advance of any fees
Philippines for trial, or in case to which he is entitled by virtue
of fire epidemic, insurrection, of the proceedings. When a
or other necessity or public person confined under color of
calamity; and a person who, proceedings in a criminal case
after such commitment, makes is discharged, the costs shall
signs, or counter-signs any be taxed against the Republic
order for such removal of the Philippines, and paid out
contrary to this section, shall of its Treasury; when a person
in custody by virtue or under (a) That the petitioner has
color of proceedings in a civil been a bona fide resident
case is discharged, the costs of the province where the
shall be taxed against him, or petition is filed for at least
against the person who signed three (3) years prior to the
the application for the writ, or date of such filing;
both, as the court shall direct.
(b) The cause for which
RULE 103 the change of the
petitioner's name is
Change of Name
sought;
Section 1. Venue. A person
(c) The name asked for.
desiring to change his name
shall present the petition to the Section 3. Order for hearing.
Court of First Instance of the If the petition filed is sufficient
province in which he resides, in form and substance, the
or, in the City of Manila, to the court, by an order reciting the
Juvenile and Domestic purpose of the petition, shall fix
Relations Court. a date and place for the hearing
thereof, and shall direct that a
Section 2. Contents of petition.
copy of the order be published
A petition for change of
before the hearing at least once
name shall be signed and
a week for three (3) successive
verified by the person desiring
weeks in some newspaper of
his name changed, or some
general circulation published in
other person on his behalf, and
the province, as the court shall
shall set forth:
deem best. The date set for the
hearing shall not be within Section 6. Service of judgment.
thirty (30) days prior to an Judgments or orders
election nor within four (4) rendered in connection with
month after the last publication this rule shall be furnished the
of the notice. civil registrar of the
municipality or city where the
Section 4. Hearing. Any
court issuing the same is
interested person may appear
situated, who shall forthwith
at the hearing and oppose the
enter the same in the civil
petition. The Solicitor General
register.
or the proper provincial or city
fiscal shall appear on behalf of RULE 104
the Government of the
Voluntary Dissolution of
Republic.
Corporations
Section 5. Judgment. Upon
Section 1. Where, by whom and
satisfactory proof in open court
on what showing application
on the date fixed in the order
made. A petition for
that such order has been
dissolution of a corporation
published as directed and that
shall be filed in the Court of
the allegations of the petition
First Instance of the province
are true, the court shall, if
where the principal office of a
proper and reasonable cause
corporation is situated. The
appears for changing the name
petition shall be signed by a
of the petitioner, adjudge that
majority of its board of
such name be changed in
directors or other officers
accordance with the prayer of
having the management of its
the petition.
affairs, verified by its president entry of the order. Before such
or secretary or one of its date a copy of the order shall
directors, and shall set forth all be published at least once a
claims and demands against it, week for four (4) successive
and that its dissolution was weeks in some newspaper of
resolved upon by a majority of general circulation published in
the members, or, if a stock the municipality or city where
corporation, by the affirmative the principal office of the
vote of the stockholders corporation is situated, or, if
holding and representing two- there be no such newspaper,
thirds of all shares of stock then in some newspaper of
issued or subscribed, at a general circulation in the
meeting of its members or Philippines, and a similar copy
stockholders called for that shall be posted for four (4)
purpose. weeks in three public places in
such municipality or city.
Section 2. Order thereupon for
filing objections. If the Section 3. Hearing, dissolution,
petition is sufficient in form and and disposition of assets.
substance, the court by an Receiver. Upon five (5) days
order reciting the purpose of notice given after the date on
the petition, shall fix a date on which the right to file
or before which objections objections as fixed in the order
thereto may be filed by any expired, the court shall
person, which date shall not be proceed to hear the petition
less that thirty (30) nor more and try any issue made by
than sixty (60) days after the objections filed; and if no such
objection is sufficient, and the child is required, such child or
material allegations of the his parents shall obtain the
petition are true, it shall render same by filing a petition to that
judgment dissolving the effect with the Court of First
corporation and directing such Instance of the province in
disposition of its assets as which the child resides. In the
justice requires, and may City of Manila, the petition shall
appoint a receiver to collect be filed in the Juvenile and
such assets and pay the debts Domestic Relations Court.
of the corporation.
Section 2. Contents of petition.
Section 4. What shall constitute The petition for judicial
record. The petition, orders, approval of a voluntary
proof of publication and recognition of a minor natural
posting, objections filed, child shall contain the following
declaration of dissolution, and allegations:
any evidence taken, shall
(a) The jurisdictional
constitute the record in the
facts;
case.
(b) The names and
RULE 105
residences of the parents
Judicial Approval of Voluntary who acknowledged the
Recognition of Minor Natural child, or of either of them,
Children and their compulsory
heirs, and the person or
Section 1. Venue. Where
persons with whom the
judicial approval of a voluntary
child lives;
recognition of a minor natural
(c) The fact that the Section 4. Opposition. Any
recognition made by the interested party must, within
parent or parents took fifteen (15) days from the
place in a statement service, or from the last date of
before a court of record publication, of the order
or in an authentic writing, referred to in the next
copy of the statement or preceding section, file his
writing being attached to opposition to the petition,
the petition. stating the grounds or reasons
therefor.
Section 3. Order for hearing.
Upon the filing of the petition, Section 5. Judgment. If, from
the court, by an order reciting the evidence presented during
the purpose of the same, shall the hearing, the court is
fix the date and place for the satisfied that the recognition of
hearing thereof, which date the minor natural child was
shall not be more than six (6) willingly and voluntarily made
months after the entry of the by he parent or parents
order, and shall, moreover, concerned, and that the
cause a copy of the order to be recognition is for the best
served personally or by mail interest of the child, it shall
upon the interested parties, render judgment granting
and published once a week for judicial approval of such
three (3) consecutive weeks, in recognition.
a newspaper or newspaper of
Section 6. Service of judgment
general circulation in the
upon civil registrar. A copy
province.
of the judgment rendered in
accordance with the preceding of riotous living, his or her
section shall be served upon spouse, if any, and a majority of
the civil registrar whose duty it those entitled to be supported
shall be to enter the same in the by him or by her may petition
register. the Court of First Instance for
the creation of the family home.
RULE 106
Section 2. Contents of petition.
Constitution of Family Home
The petition shall contain the
Section 1. Who may constitute. following particulars:
The head of a family owning
(a) Description of the
a house and the land on which
property;
it is situated may constitute the
same into a family home by (b) An estimate of its
filing a verified petition to that actual value;
effect with the Court of First
(c) A statement that the
Instance of the province or city
petitioner is actually
where the property is located.
residing in the premises;
In the City of Manila, the
petition shall be filed in the (d) The encumbrances
Juvenile and Domestic thereon;
Relations Court.
(e) The names and
When there is danger that a addresses of all the
person obliged to give support creditors of the petitioner
may lose his or her fortune or head of the family and
because of grave of all mortgages and other
mismanagement or on account
persons who have an fourteen (14) days prior to the
interest in the property; day of the hearing.
ESTELA M. PERLAS-BERNABE
Associate Justice
DISODADO LUCAS P.
M. PERLATA BERSAMIN
Associate Associate
Justice Justice
Footnotes
1
By virtue of the Supreme
MARIANO C.
ROBERTO A. Court's authority under
DEL
ABAD Section 5 (5), Article VIII,
CASTILLO
Associate of the 1987 Constitution to
Associate
Justice disapprove rules of
Justice
procedure of special
courts and quasi-judicial
bodies.