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WRIT MATRIX (COMPARISON OF THE WRITS)

WHC – Writ of Habeas Corpus WA – Writ of Amparo SB – Sandiganbayan RTC – Regional Trial Court
CoC – Clerk of Court WD – Writ of Habeas Data RWA - Rules on the Writ of Amparo
RWD – Rules on Habeas Data SC – Supreme Court CA - Court of Appeals

Habeas Corpus Amparo Habeas Data


Nature, Scope Function
All cases of illegal confinement and detention Involves right to life, liberty and security Involves the right to privacy in life, liberty or
which any person is deprived of his liberty or violated or threatened with violation by an security violated or threatened by an unlawful
rightful custody of any person is withheld from unlawful act or omission of a public official or act or omission of a public official or employee,
the person entitled [Sec. 1] employee or a private individual or entity. or of a private individual or entity engaged in
the gathering, collecting or storing of data or
Actual violation before writ issues. It covers extralegal killings and enforced information regarding the person, family, home
Note Villavicencio v. Lukban on applicability of disappearances or threats thereof. [Sec. 1] and correspondence of the aggrieved party.
the writ in case of constructive restraint. [Sec. 1]
Limitations
May be suspended in cases of invasion or Shall not diminish, increase or modify Shall not diminish, increase or modify
rebellion when public safety requires it [Art. III substantive rights [Sec. 23] substantive rights [Sec. 23]
Sec. 15, 1987 Const.]
Who May File?
By a petition signed and verified by the party Petition filed by the aggrieved party or by any Any aggrieved party may file a petition for the
for whose relief it is intended, or by some qualified person or entity in the following order: WHD
person on his behalf [Sec. 3] (1) Any member of the immediate family However, in cases of extralegal killings and
(2) Any ascendant, descendant or collateral enforced disappearances, the petition may be
relative of the aggrieved within the 4th civil filed by (also successive):
degree of consanguinity or affinity (1) Any member of the immediate family of the
(3) Any concerned citizen, organization, aggrieved
association or institution (2) Any ascendant, descendant or collateral
relative of the aggrieved party within the fourth
Filing by the aggrieved suspends the right of all civil degree of consanguinity or affinity [Sec. 2]
others [Sec. 2]
Where Filed
Granted by: Filed on any day and at any time: Petition may be filed with RTC where the
(1) SC or any member thereof, on any day and (1) SB, CA, SC, or any justice of such courts petitioner or respondent resides or that which
at any time (2) RTC of place where the threat, act, or has jurisdiction over the place where the data
(2) CA or any member thereof in instances omission was committed or any element or information is gathered, collected or stored,
authorized by law occurred [Sec. 4] at
(3) RTC or a judge thereof, on any day and at the option of petitioner
any time, enforceable only within his judicial
district [Sec. 2] If public data files of government offices,
(4) MTC OR FIRST LEVEL COURTS in the petition shall be filed with the SC, CA, or SB
absence of RTC judges in a judicial region [Sec. [Sec. 3]
35 BP 129]
Where enforceable
If SC or CA issued, anywhere in the Philippines Writ shall be enforceable anywhere in the Writ shall be enforceable anywhere in the
If granted by the RTC or judge thereof, it is Philippines [Sec. 4] Philippines [Sec. 3]
enforceable in any part of the judicial region
[Sec 21, BP 129 which modified the term
judicial
district in Sec 2, Rule 102 into judicial region]
where the judge sits
Where returnable
If the one that granted the writ: If the one that granted the writ: If issued by:
(1) Is the SC or CA, or a member thereof, (1) Is the SC or any of its justices, returnable (1) The SC or any of its justices, before such
returnable before such court or any member before such court or any justice thereof, or Court or any justice thereof, or CA or SB or any
thereof or an RTC before the SB or CA or any of their justices, or of its justices, or the RTC of the place where
(2) An RTC, or a judge thereof, returnable to any RTC of the place where the threat, act the petitioner or respondent resides/has
before himself [Sec. 2] or omission was committed or any of its jurisdiction over the place where the data or
elements information is
occurred gathered, stored or collected
(2) The SB or CA or any of their justices, (2) The CA or SB or any of its justices, before
returnable before such court or any justice such court or any justice thereof, or the RTC
thereof, or to any RTC of the place where the (same with scenario: SC issued and then
threat, act, or omission was committed or any returned in RTC)
of its elements occurred (3) RTC, returnable before such court or judge
(3) The RTC or any judge thereof, returnable [Sec. 4]
before such court or judge [Sec. 3]
Docket Fees
Upon the final disposition of such proceedings Petitioner shall be exempted from the payment None for indigent petitioner
the court or judge shall make such order as to of the docket and other lawful fees Petition shall be docketed and acted upon
costs as the case requires [Sec. 19] Court, justice or judge shall docket the petition immediately, without prejudice to subsequent
and act upon it immediately [Sec 4] submission of proof of indigency not later than
15 days from filing [Sec. 5]

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Essential allegations/ Contents of petition
Signed and verified either by the party for Signed and verified and shall allege: Verified and written petition shall contain:
whose relief it is intended or by some person (1) The personal circumstances of the (1) Personal circumstances of petitioner and
on his behalf, setting forth: petitioner respondent
(1) The person in whose behalf whose the (2) Name or appellation and circumstances of (2) Manner the right to privacy is violated or
application is made is imprisoned or restrained the respondent threatened and its effects
of his liberty (3) The right to life, liberty, and security (3) Actions and recourses taken by the
(2) Name of the person detaining another or violated or threatened with violation, petitioner to secure the data or information
assumed appellation (4) The investigation conducted, if any, plus (4) The location of the files, registers, or
(3) Place where he is imprisoned or restrained circumstances of each databases, the government office, and the
of his liberty (5) The actions and recourses taken by the person in charge or control
(4) Cause of detention [Sec. 3] petitioner (5) The reliefs prayed for
(6) Relief prayed for may include a general Such other relevant reliefs as are just and
prayer for other just and equitable reliefs [Sec. equitable [Sec. 6]
5]
When proper
Court or judge must, when a petition is Upon the filing of the petition, the court, Upon filing of the petition, the court, justice, or
presented and it appears that it ought to issue, justice, or judge shall immediately order the judge shall immediately order the issuance of
grant the same and then: issuance of the writ if on its face it ought to the writ if on its face it ought to issue.
the clerk of court (CoC) shall issue the writ issue CoC shall issue the writ under the seal of CoC shall issue the writ under the seal of the
under the seal of the court or in case of the court or court and cause it to be served within 3 days
emergency, the judge may issue the writ under In case of urgent necessity, the justice or the from issuance or
his own hand, and may depute any officer or judge may issue the writ under his or her own In case of urgent necessity, the justice or judge
person to serve it hand, and may deputize any officer or person may issue the writ under his or her own hand,
to and may deputize any officer or person to
Also proper to be issued when the court or serve it. [Sec. 6] serve it [Sec. 7]
judge has examined into the cause of restraint
of the prisoner, and is satisfied that he is
unlawfully imprisoned (Sec. 5]
How and who serves
Writ may be served in any province by the (a) The writ shall be served upon the respondent The writ shall be served upon the respondent
sheriff, (b) other proper officer, or (c) person by a judicial officer or by a person deputized by by a judicial officer or by a person deputized by
deputed by the court or judge the court, justice or judge who shall retain a the court, justice or judge who shall retain a
copy on which to make a return of service copy on which to make a return of service
Service is made by leaving the original with the
person to whom it is directed and preserving a In case the writ cannot be served personally on In case the writ cannot be served personally on
copy on which to make return of service the respondent, the rules on substituted service the respondent, the rules on substituted service
If that person cannot be found, or has not the shall apply [Sec. 8] shall apply [Sec. 9]
prisoner in his custody, service shall be made
on any other person having or exercising such
custody [Sec. 7]
Respondent
May or may not be an officer [Sec. 6] Respondent is a public official or employee or A public official or employee or a private
private individual or entity [Sec. 1] individual or entity engaged in gathering,
collecting or storing data [Sec. 1]
How executed and returned
The officer to whom the writ is directed shall Respondent files the return [Sec. 9] Respondent files the return [Sec. 10]
convey the person so imprisoned or restrained
before:
(a) the judge allowing the writ, or
(b) -in his absence or disability, before some
other judge of the same court on the day
specified in the writ, unless person directed to
be produced is sick or infirm, and cannot,
without danger, be brought therein
(c) officer shall then make due return of the
writ, with the day and cause of the caption and
restraint according to the command thereof
[Sec. 8]
When to file return
On the day specified on the writ [Sec. 8] Within 5 working days after service of the writ Same with WA [Sec. 10]
[Sec. 9]
Contents of return
When the person to be produced is imprisoned Within 5 working days after service of the writ, (1) Lawful defenses such as national security,
or restrained by an officer, the person who the respondent shall file a verified written state secrets, privileged communications,
makes the return shall state, and in other cases return together with supporting affidavits which confidentiality of the source of information of
the person in whose custody the prisoner is shall, media etc.
found shall state in writing to the court or contain: (2) In case of respondent in charge, in
judge before whom the writ is returnable: (1) Lawful defenses possession or in control of the data or
(1) Truth of custody/power over the aggrieved (2) The steps or actions taken to determine the information subject of the petition:
party fate or whereabouts of the aggrieved party (a) A disclosure of the data or information
(2) If he has custody or power, or under (3) All relevant information in the possession of about the petitioner, the nature of such data or
restraint, the authority and the cause thereof, the respondent pertaining to the threat, act or information, and the purpose for its collection

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with a copy of the writ, order, execution or omission against the aggrieved party (b) The steps or actions taken by the
other process, if any upon which the party is (4) If the respondent is a public official or respondent to ensure the security and
held employee, the return shall further state acts: confidentiality of the data or information
(3) If the party is in his custody or power, and (a) To verify identity of aggrieved party (c) The currency and accuracy of the data or
is not produced, particularly the nature and (b) To recover and preserve evidence information held
gravity (c) To identify and collect witness statements
of the sickness or infirmity (d) To determine cause, manner, location, and Other allegations relevant to the resolution of
(4) If he has had the party in his custody or time of death or disappearance the proceeding [Sec.10]
power, and has transferred such custody or (e) To identify and apprehend persons involved
restraint to another, particularly to whom, at (f) Bring suspected offenders before a
what time, for what cause, and by what competent court [Sec.9]
authority such transfer was made. [Sec. 10]
Is period of return extendable?
No, not even on highly meritorious grounds. Yes, by the court, for justifiable reasons [Sec.
10]
Is general denial allowed?
Not allowed [Sec. 9] Not allowed [Sec. 10]
Defenses not pleaded
If not raised in return deemed waived [Sec 10]
Effect of failure to file return
Court or justice shall proceed to hear the Court, judge, or justice shall hear the motion ex
petition ex parte [Sec. 12] parte, granting the petitioner such reliefs as the
petition may warrant

Unless the court in its discretion requires the


petitioner to submit evidence [Sec. 14]
Nature of hearing
Summary. However, the court, justice, or judge Summary. With possibility of preliminary
may call for a preliminary conference to conference similar to the WA [Sec. 14]
simplify the issues and look at possibility of
obtaining stipulations and admissions from the Hearing on chambers may be conducted where
parties. respondent invokes the defense of national
security or state secrets, or the data is of
Hearing shall be from day to day until privileged character [Sec. 12]
completed same priority as petitions for WHC
[Sec. 13]
Date and time of hearing
As specified in the writ [Sec. 8] As specified in the writ, not later than 7 days As specified in the writ, not later than 10
from the issuance of the writ [Sec. 6] working days from the date of issuance writ
[Sec. 7]
Prohibited pleadings
In custody of minors: a motion to dismiss, Motion to dismiss, Motion for extension of time Same as WA [RWD Sec. 13]
except on the ground of lack of jurisdiction to file opposition, affidavit, position paper and
[Sec. 6, Rule on Custody of Minors and WHC] other pleadings, Dilatory motion for
postponement, Motion for bill of particulars,
Counterclaims or crossclaims, Third-party
complaint, Reply, Motion to declare respondent
in default, Intervention, Memorandum, Motion
for reconsideration of interlocutory orders or
interim relief orders, petition for certiorari,
mandamus, or prohibition [Sec.11]
Burden of Proof/Standard of diligence
Clear and convincing evidence [Dizon v. Establish claims by substantial evidence Substantial evidence required to prove the
Eduardo (1988)] (a) if respondent is a private individual or allegations in the petition [Sec. 16]
Note: no provision in Rule but in Dizon v. entity, ordinary diligence
Eduardo, the SC used “clear and convincing (b) if public official or employee, extraordinary
evidence”, a stricter standard than diligence [Sec. 17]
“preponderance of evidence” but less stricter
that “proof beyond reasonable doubt.”
Presumption of Official Duty
Yes. Consonant with Sec. 13, stating that if Public official or employee cannot invoke the
warrant of commitment is in pursuance with presumption that official duty has been
law, serves as prima facie cause of restraint regularly performed [Sec. 17]
Judgment
The court shall render judgment within 10 days Within 10 days from the time the petition is
from the time the petition is submitted for submitted for decision [Sec. 16]
decision [Sec. 18]
Appeal
Within 48 hours from notice of the judgment of 5 working days from the date of notice of 5 working days from the date of notice of
final order appealed [Sec. 39, BP 129] adverse judgment to the SC under Rule 45 adverse judgment to the SC under Rule 45
[Sec. 19] [Sec. 19]
Consolidation of actions
Consolidated with a criminal action filed Consolidated with a criminal action filed

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subsequent to the petition [Sec. 23] subsequent to the petition [Sec. 21]
Effect of filing criminal action
No more separate petition shall be filed. Reliefs Same as WA [Sec. 21]
available by motion in the criminal case
[Sec.22]

RULE 103 RULE 108 RA 9048


Applicability
Substantial Changes Substantial changes in entries in the civil registry Change of First Names or Nicknames
(other than name) Change brought about by clerical or
typographical errors
Nature
Judicial Judicial Administrative
Who May File?
1.The person desiring to change his name Natural person having direct and personal A natural person having direct and personal
2.Some other person on his behalf interest in the correction of error in an entry in interest in the change of first name or nickname
the civil register in the civil register.
Where Filed?
RTC of the province where the civil registry is The local civil registry office of the city or
located municipality where the record being sought to
be corrected/changed is kept.
EXCEPTIONS:
If the petitioner has already migrated to another
place in the country, the petition shall be filed
with local civil registrar of the place where the
interested party is presently residing or
domiciled
If the petitioner is a Filipino citizen presently
residing or domiciled in a foreign country, the
petition shall be filed in the nearest Philippine
Consulate.

Rationale: It would not be practical for him, in


terms of transportation expenses, time and
effort, to appear in person before the local civil
registrar (LCR) keeping the documents to be
corrected or changed
Standing of the LCR
Not a party to the proceeding Made a party to the proceeding as a respondent
Notice Requirement
No mention of notice to be sent The court shall cause reasonable notice to be
given to persons named in the petition
Contents of the Petition
Title: In Re: Petition for Change of Name of X, (1) Facts necessary to establish the merits of the
also known as Y and Z, to ABC. X, Petitioner. petition.
Names or Aliases of the Applicant (must appear (2) A showing that the petitioner is competent
in the caption of the petition) to testify to the matters stated.
(3) Particular erroneous entry or entries which
Omission is fatal to the petition are sought to be corrected and/or the change
sought to be made.
To allow a reader of the published petition to
notice the said aliases

Petitioner has been a bona fide resident of the


province where the petition is filed for at least 3
years prior to the date of such filing.
Cause for which the change of the petitioner's
name is sought

Petitioner must show a proper or compelling


reason for the change of name + the fact that
he will be prejudiced by the use of his official
name.
Form of Petition
The petition shall be signed and verified. Verified petition (1) In the form of an affidavit
(2) Verified
(3) Subscribed and sworn to before any person
authorized by law to administer oaths
Procedure for Changing of Name
(1) Filing of petition for change of name. (1) Filing of petition (1) Filing of petition and its supporting papers in
(2) Court shall promulgate an order fixing a date (2) Court shall promulgate an order fixing the 3 copies to be distributed to:
and place for hearing the petition. The date set time and place for hearing the petition and (a) The concerned city or municipal civil

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for the hearing shall NOT be: cause reasonable notice to be given to the registrar or the consul general
Within 30 days prior to an election persons named in the petition. (b) The Office of the Civil Registrar General
AND (c) The petitioner
Within 4 months after the last publication of the Civil registrar and all persons who have or claim (2) The City or Municipal Registrar or the Consul
notice. any interest which would be affected thereby General shall post the petition in a conspicuous
(3) Court shall direct a copy of the order to be shall be made parties to the proceeding place for ten 10 consecutive days after he
published before the hearing (3) Court shall direct a copy of the order to be finds the petition and its supporting documents
At least once a week for 3 successive weeks published before the hearing sufficient in form and substance.
In some newspaper of general circulation At least once a week for 3 successive weeks (3) The petition shall be published at least once
published in the province. In some newspaper of general circulation a week for 2 consecutive weeks in a newspaper
(4) Hearing shall be conducted. published in the province. of general circulation.
The SolGen or the proper provincial or city fiscal (4) File opposition (4) The City or Municipal Registrar or the Consul
shall appear on behalf of the Government of the Within 15 days from notice of the petition or General shall render a decision not later than 5
Republic. from the last date of publication working days after the completion of the posting
(5) Judgment granting or denying the change of (5) Hearing shall be conducted. and/ or publication requirement. He shall
name. Court may expedite the proceedings and also transmit a copy of his decision together with
(6) Copy of judgments shall be furnished the grant preliminary injunction for preservation of the records of the proceedings to the Office of
civil registrar of the municipality or city where rights of the parties the Civil Registrar General within 5 working days
the court issuing the same is situated, who shall (6) Judgment granting or denying the change of from the date of the decision.
forthwith enter the same in the civil register. name.
(7) Copy of judgments shall be furnished the Where the petition is denied by the city or
civil registrar concerned who shall annotate the municipal civil registrar or the consul general,
same in the records the petitioner may either appeal the decision to
the civil registrar general or file the appropriate
petition with the proper court.

(5) The Civil Registrar General shall, within 10


working days from receipt of the decision
granting a petition, exercise the power to
impugn such decision by way of an objection.

Grounds for objection


(a) The error is not clerical or typographical
(b) The correction of an entry or entries in the
civil register is substantial or controversial as it
affects the civil status of a person
(c) The basis used in changing the first name or
nickname of a person does not fall under one of
the valid grounds.

If the civil registrar general fails to exercise his


power to impugn the decision of the city or
municipal registrar or of the consul general
within the period, such decision shall become
final and executory.
(6) The civil registrar general shall immediately
notify the city or municipal civil registrar or the
consul general of the action taken on the
decision.
(7) Upon receipt of the notice thereof, the city
or municipal civil registrar or the consul general
shall notify the petitioner of such action.
(8) Appeal. The petitioner may seek
reconsideration with the civil registrar general or
file the appropriate petition with the proper
court.
Opposition
Any interested person Civil registrar and any person having or claiming N/A
interest under the entry whose cancellation or NOTE: The Civil Registrar General is given the
correction is sought power to object to the decision of the Local Civil
Registrar
Grounds for Change of Name
Republic v. Hernandez: Valid Grounds for Entries subject to cancellation or correction: Sec. 4: Grounds for Change of First Name or
Change of Name (1)Birth Nickname
(1) The name is ridiculous, tainted with dishonor (2)Marriage (1) The first name or nickname is ridiculous,
or extremely difficult to write or pronounce. (3)Death tainted with dishonor or extremely difficult to
(2) Change results as a legal consequence of (4)Legal separation write or pronounce.
legitimation (5)Judgment of annulment (2) The new first name or nickname has been
(3) The change will avoid confusion. (6)Judgment declaring marriage null and void habitually and continuously used by the
(4) A sincere desire to adopt a Filipino name to (7)Legitimation petitioner and he has been publicly known by
erase signs of former alienage (Ang Chay vs. (8)Adoption the first name or nickname in the community.
Republic, 1970) (9)Acknowledgment of natural children (3) The change will avoid confusion.
(5) Having continuously used and been known (10)Naturalization
since childhood by a Filipino name, having been (11)Election, loss or recovery of citizenship

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unaware of alien parentage (Uy vs. Republic, (12)Civil interdiction
1965) (13)Judicial determination of filiation
(14)Voluntary emancipation of minor
(15)Changes of name

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What is a Writ of Kalikasan? organization, non-governmental organization, or any public interest
group accredited by or registered with any government agency, on
It is a remedy available to a natural or juridical person, entity behalf of persons whose constitutional right to a balanced and
authorized by law, people’s organizations, non-governmental healthful ecology is violated, or threatened with violation by an
organization, or any public interest group accredited by or registered unlawful act or omission of a public official or employee, or private
with any government agency, on behalf of persons whose individual or entity, involving environmental damage of such
constitutional right to a balanced and healthful ecology is violated, or magnitude as to prejudice the life, health or property of inhabitants in
threatened with violation by an unlawful act or omission of a public two or more cities or provinces.
official or employee, or private individual or entity without involving
environmental damage of such magnitude as to prejudice the life, Section 2. Contents of the petition. - The verified petition shall
health or property of inhabitants in two or more cities or provinces. contain the following:
(a) The personal circumstances of the petitioner;
What is the basis of the Writ of Kalikasan? (b) The name and personal circumstances of the respondent or if the
name and personal circumstances are unknown and uncertain, the
It rests in Article II, Section 16 on the Declaration of Principles and respondent may be described by an assumed appellation;
State Policies of the 1987 Constitution, which states that, “The State (c) The environmental law, rule or regulation violated or threatened to
shall protect and advance the right of the people to a balanced and be violated, the act or omission complained of, and the environmental
healthful ecology in accord with the rhythm and harmony of nature”. damage of such magnitude as to prejudice the life, health or property
of inhabitants in two or more cities or provinces.
What is the important feature of this writ? (d) All relevant and material evidence consisting of the affidavits of
witnesses, documentary evidence, scientific or other expert studies,
The magnitude requirement with regards to the destruction or and if possible, object evidence;
imminent destruction which is sought to be prevented must be (e) The certification of petitioner under oath that: (1) petitioner has
present. not commenced any action or filed any claim involving the same issues
in any court, tribunal or quasi-judicial agency, and no such other action
What is a Writ of Continuing Mandamus? or claim is pending therein; (2) if there is such other pending action or
claim, a complete statement of its present status; (3) if petitioner
It is writ issued by a court in an environmental case directing any should learn that the same or similar action or claim has been filed or
agency or instrumentality of the government or officer thereof to is pending, petitioner shall report to the court that fact within five (5)
perform an act or series of acts decreed by final judgment which shall days therefrom; and
remain effective until judgment is fully satisfied. It is filed by one who (f) The reliefs prayed for which may include a prayer for the issuance
is personally aggrieved. (Contributor, Ihra Faith C Magno) of a TEPO.

Section 3. Where to file. - The petition shall be filed with the


Summary of difference and similarities of Writ of Kalikasan
Supreme Court or with any of the stations of the Court of Appeals.
and Writ of Continuing Mandamus
Section 4. No docket fees. - The petitioner shall be exempt from the
  Writ of Kalikasan Writ of Continuing payment of docket fees.
Mandamus
Subject Matter Unlawful act or Neglect or exclusion;
Section 5. Issuance of the writ. - Within three (3) days from the date
omission; life health law, rule or right
or property of filing of the petition, if the petition is sufficient in form and
Petitioner Any person or One who is personally substance, the court shall give an order: (a) issuing the writ; and (b)
representative /agent aggrieved requiring the respondent to file a verified return as provided in Section
(PO/NGO/Public 8 of this Rule. The clerk of court shall forthwith issue the writ under
Interest Group) the seal of the court including the issuance of a cease and desist order
Respondent Public or private Government or officers and other temporary reliefs effective until further order.
entity or individual
Temporary Ancillary remedy Ancillary remedy
Section 6. How the writ is served. - The writ shall be served upon the
Environmental
Protection respondent by a court officer or any person deputized by the court,
Order (TEPO) who shall retain a copy on which to make a return of service. In case
Venue Supreme Court or Supreme Court, CA or the writ cannot be served personally, the rule on substituted service
Court of Appeals RTC shall apply.
Discovery Ocular inspection or No enumeration
Measures production of Section 7. Penalty for refusing to issue or serve the writ. - A clerk of
documents court who unduly delays or refuses to issue the writ after its allowance
Damages None; separate suit Allow damages for
or a court officer or deputized person who unduly delays or refuses to
malicious neglect of duty
serve the same shall be punished by the court for contempt without
  prejudice to other civil, criminal or administrative actions.

RULE 7 A.M. No. 09-6-8-SC Section 8. Return of respondent; contents. - Within a non-extendible
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES period of ten (10) days after service of the writ, the respondent shall
file a verified return which shall contain all defenses to show that
WRIT OF KALIKASAN respondent did not violate or threaten to violate, or allow the violation
Section 1. Nature of the writ. - The writ is a remedy available to a of any environmental law, rule or regulation or commit any act
natural or juridical person, entity authorized by law, people’s resulting to environmental damage of such magnitude as to prejudice

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the life, health or property of inhabitants in two or more cities or petition or the return, to produce and permit their inspection, copying
provinces. or photographing by or on behalf of the movant.

All defenses not raised in the return shall be deemed waived. The production order shall specify the person or persons authorized to
The return shall include affidavits of witnesses, documentary evidence, make the production and the date, time, place and manner of making
scientific or other expert studies, and if possible, object evidence, in the inspection or production and may prescribe other conditions to
support of the defense of the respondent. protect the constitutional rights of all parties.

A general denial of allegations in the petition shall be considered as an Section 13. Contempt. - The court may after hearing punish the
admission thereof. respondent who refuses or unduly delays the filing of a return, or who
makes a false return, or any person who disobeys or resists a lawful
Section 9. Prohibited pleadings and motions. - The following process or order of the court for indirect contempt under Rule 71 of
pleadings and motions are prohibited: the Rules of Court.
(a) Motion to dismiss;
(b) Motion for extension of time to file return; Section 14. Submission of case for decision; filing of memoranda.  -
(c) Motion for postponement; After hearing, the court shall issue an order submitting the case for
(d) Motion for a bill of particulars; decision. The court may require the filing of memoranda and if
(e) Counterclaim or cross-claim; possible, in its electronic form, within a non-extendible period of thirty
(f) Third-party complaint; (30) days from the date the petition is submitted for decision.
(g) Reply; and
(h) Motion to declare respondent in default. Section 15. Judgment. - Within sixty (60) days from the time the
petition is submitted for decision, the court shall render judgment
Section 10. Effect of failure to file return. - In case the respondent granting or denying the privilege of the writ of kalikasan.
fails to file a return, the court shall proceed to hear the petition ex
parte. The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from
Section 11. Hearing. - Upon receipt of the return of the respondent, committing acts or neglecting the performance of a duty in violation of
the court may call a preliminary conference to simplify the issues, environmental laws resulting in environmental destruction or damage;
determine the possibility of obtaining stipulations or admissions from (b) Directing the respondent public official, government agency,
the parties, and set the petition for hearing. private person or entity to protect, preserve, rehabilitate or restore the
environment;
The hearing including the preliminary conference shall not extend (c) Directing the respondent public official, government agency,
beyond sixty (60) days and shall be given the same priority as private person or entity to monitor strict compliance with the decision
petitions for the writs of habeas corpus, amparo and habeas data. and orders of the court;
(d) Directing the respondent public official, government agency, or
Section 12. Discovery Measures. - A party may file a verified motion private person or entity to make periodic reports on the execution of
for the following reliefs: the final judgment; and
(a) Ocular Inspection; order — The motion must show that an ocular (e) Such other reliefs which relate to the right of the people to a
inspection order is necessary to establish the magnitude of the balanced and healthful ecology or to the protection, preservation,
violation or the threat as to prejudice the life, health or property of rehabilitation or restoration of the environment, except the award of
inhabitants in two or more cities or provinces. It shall state in detail damages to individual petitioners.
the place or places to be inspected. It shall be supported by affidavits
of witnesses having personal knowledge of the violation or threatened Section 16. Appeal. - Within fifteen (15) days from the date of notice
violation of environmental law. of the adverse judgment or denial of motion for reconsideration, any
party may appeal to the Supreme Court under Rule 45 of the Rules of
After hearing, the court may order any person in possession or control Court. The appeal may raise questions of fact.
of a designated land or other property to permit entry for the purpose
of inspecting or photographing the property or any relevant object or Section 17. Institution of separate actions. - The filing of a petition
operation thereon. for the issuance of the writ of kalikasan shall not preclude the filing of
separate civil, criminal or administrative actions.
The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the
constitutional rights of all parties.

(b) Production or inspection of documents or things; order – The


motion must show that a production order is necessary to establish the
magnitude of the violation or the threat as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.

After hearing, the court may order any person in possession, custody
or control of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, or objects in digitized
or electronic form, which constitute or contain evidence relevant to the

Page 8 of 11
REPUBLIC ACT NO. 10172] (2) At least two (2) public or private documents showing the correct
entry or entries upon which the correction or change shall be based;
and
AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL
CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT
CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND (3) Other documents which the petitioner or the city or municipal civil
MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON registrar or the consul general may consider relevant and necessary
APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A for the approval of the petition.
JUDICIAL ORDER, AMENDING FOR THIS PURPOSE REPUBLIC
ACT NUMBERED NINETY FORTY-EIGHT
No petition for correction of erroneous entry concerning the date of
birth or the sex of a person shall be entertained except if the petition is
Be it enacted by the Senate and House of Representatives of the accompanied by earliest school record or earliest school documents
Philippines in Congress assembled: such as, but not limited to, medical records, baptismal certificate and
other documents issued by religious authorities; nor shall any entry
involving change of gender corrected except if the petition is
SECTION 1. Section 1 of Republic Act No. 9048, hereinafter referred to
accompanied by a certification issued by an accredited government
as the Act, is hereby amended to read as follows:
physician attesting to the fact that the petitioner has not undergone
sex change or sex transplant. The petition for change of first name or
“SECTION 1. Authority to Correct Clerical or Typographical Error and nickname, or for correction of erroneous entry concerning the day and
Change of First Name or Nickname. –  No entry in a civil register shall month in the date of birth or the sex of a person, as the case may be,
be changed or corrected without a judicial order, except for clerical or shall be published at least once a week for two (2) consecutive weeks
typographical errors and change of first name or nickname, the day in a newspaper of general circulation.
and month in the date of birth or sex of a person where it is patently
clear that there was a clerical or typographical error or mistake in the
Furthermore, the petitioner shall submit a certification from the
entry, which can be corrected or changed by the concerned city or
appropriate law enforcements, agencies that he has no pending case
municipal civil registrar or consul general in accordance with the
or no criminal record.
provisions of this Act and its implementing rules and regulations.”

The petition and its supporting papers shall be filed in three (3) copies
SEC. 2. Section 2, paragraph (3) of the Act is likewise amended to
to be distributed as follows: first copy to the concerned city or
read as follows:
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.”
“SEC. 2. Definition of Terms.  – As used in this Act, the following terms
shall mean:
SEC. 4. Section 8 of the Act is hereby amended to read as follows:

(1) xxx xxx


“SEC. 8. Payment of Fees. –  The city or municipal civil registrar or the
consul general shall be authorized to collect reasonable fees as a
(2) xxx xxx condition for accepting the petition. An indigent petitioner shall be
exempt from the payment of the said fee.
(3) ‘Clerical or typographical error’ refers to a mistake committed in
the performance of clerical work in writing, copying, transcribing or The fees collected by the city or municipal civil registrar or the consul
typing an entry in the civil register that is harmless and innocuous, general pursuant to this Act shall accrue to the funds of the Local Civil
such as misspelled name or misspelled place of birth, mistake in the Registry Office concerned or the Office of the Consul General for
entry of day and month in the date of birth or the sex of the person or modernization of the office and hiring of new personnel and
the like, which is visible to the eyes or obvious to the understanding, procurement of supplies, subject to government accounting and
and can be corrected or changed only by reference to other existing auditing rules.”
record or records: Provided, however,  That no correction must involve
the change of nationality, age, or status of the petitioner.”

SEC. 3. Section 5 of the Act is hereby amended to read as follows:

“SEC. 5. Form and Contents of the Petition. –  The petition for


correction of a clerical or typographical error, or for change of first
name or nickname, as the case may be, shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by law
to administer oaths. The affidavit shall set forth facts necessary to
establish the merits of the petition and shall show affirmatively that
the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries, which
are sought to be corrected and/or the change sought to be made.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of


the registry book containing the entry or entries sought to be corrected
or changed;

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[REPUBLIC ACT NO. 9048]           The petitions filed with the city or municipal civil registrar or the
consul general shall be processed in accordance with this Act and its
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR implementing rules and regulations.
OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR
TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST           All petitions for the clerical or typographical errors and/or
NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A change of first names or nicknames may be availed of only once.
JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND
412 OF THE CIVIL CODE OF THE PHILIPPINES. SECTION 4. Grounds for Change of First Name or
Nickname. - The petition for change of first name or nickname may
Be it enacted by the Senate and the House of Representatives of the be allowed in any of the following cases:
Philippines in Congress  assembled:
1. The petitioner finds the first name or nickname to be
SECTION 1. Authority to Correct Clerical or Typographical
ridiculous, tainted with dishonor or extremely difficult to write or
Error and Change of First Name or Nickname - No entry in a civil
pronounce.
register shall be changed or corrected without a judicial order, except
2. The new first name or nickname has been habitually and
for clerical or typographical errors and change of first name or
continuously used by the petitioner and he has been publicly
nickname which can be corrected or changed by the concerned city or
known by that by that first name or nickname in the community:
municipal civil registrar or consul general in accordance with the
or
provisions of this Act and its implementing rules and regulations.
3. The change will avoid confusion.
SECTION 2. Definition of Terms - As used in this Act, the following
terms shall mean: SECTION 5. Form and Contents of the Petition. -  The petition
shall be in the form of an affidavit, subscribed and sworn to before any
person authorized by the law to administer oaths. The affidavit shall
1. "City or Municipal civil registrar" refers to the head of
set forth facts necessary to establish the merits of the petition and
the local civil registry office of the city or municipality, as the
shall show affirmatively that the petitioner is competent to testify to
case may be, who is appointed as such by the city or municipal
the matters stated. The petitioner shall state the particular erroneous
mayor in accordance with the provisions of existing laws.
entry or entries, which are sought to be corrected and/or the change
2. "Petitioner" refers to a natural person filing the petition
sought to be made.
and who has direct and personal interest in the correction of a
clerical or typographical error in an entry or change of first name
          The petition shall be supported with the following documents:
or nickname in the civil register.
3. "Clerical or typographical error" refers to a mistake
committed in the performance of clerical work in writing, 1. A certified true machine copy of the certificate or of the
copying, transcribing or typing an entry in the civil register that page of the registry book containing the entry or entries sought
is harmless and innocuous, such as misspelled name or to be corrected or changed.
misspelled place of birth or the like, which is visible to the eyes 2. At least two (2) public or private documents showing the
or obvious to the understanding, and can be corrected or correct entry or entries upon which the correction or change
changed only by reference to other existing record or records: shall be based; and
Provided, however, That no correction must involve the change 3. Other documents which the petitioner or the city or
of nationality, age, status or sex of the petitioner. municipal civil registrar or the consul general may consider
4. "Civil Register" refers to the various registry books and relevant and necessary for the approval of the petition.
related certificates and documents kept in the archives of the
local civil registry offices, Philippine Consulates and of the Office           In case of change of first name or nickname, the petition shall
of the Civil Registrar General. likewise be supported with the documents mentioned in the
5. "Civil registrar general" refers to the Administrator of the immediately preceding paragraph. In addition, the petition shall be
National Statistics Office which is the agency mandated to carry published at least once a week for two (2) consecutive weeks in a
out and administer the provision of laws on civil registration. newspaper of general circulation. Furthermore, the petitioner shall
6. "First name" refers to a name or nickname given to a submit a certification from the appropriate law enforcement agencies
person which may consist of one or more names in addition to that he has no pending case or no criminal record.
the middle and last names.
          The petition and its supporting papers shall be filed in three (3)
SECTION 3. Who May File the Petition and Where. -  Any person copies to be distributed as follows: first copy to the concerned city or
having direct and personal interest in the correction of a clerical or municipal civil registrar, or the consul general; second copy to the
typographical error in an entry and/or change of first name or Office of the Civil Registrar General; and third copy to the petitioner.
nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the SECTION 6. Duties of the City or Municipal Civil Registrar or
record being sought to be corrected or changed is kept. the Consul General. - The city or municipal civil registrar or the
consul general to whom the petition is presented shall examine the
           In case the petitioner has already migrated to another place in petition and its supporting documents. He shall post the petition in a
the country and it would not be practical for such party, in terms of conspicuous place provided for that purpose for ten (10) consecutive
transportation expenses, time and effort to appear in person before days after he finds the petition and its supporting documents sufficient
the local civil registrar keeping the documents to be corrected or in form and substance.
changed, the petition may be filed, in person, with the local civil
registrar of the place where the interested party is presently residing           The city or municipal civil registrar or the consul general shall
or domiciled. The two (2) local civil registrars concerned will then act on the petition and shall render a decision not later than five (5)
communicate to facilitate the processing of the petition. working days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with the
           Citizens of the Philippines who are presently residing or records of the proceedings to the Office of the Civil Registrar General
domiciled in foreign countries may file their petition, in person, with within five (5) working days from the date of the decision.
the nearest Philippine Consulates.
SECTION 7. Duties and Powers of the Civil Registrar
General. -  The civil registrar general shall, within ten (10) working
days from receipt of the decision granting a petition, exercise the

Page 10 of 11
power to impugn such decision by way of an objection based on the
following grounds:

1. The error is not clerical or typographical;


2. The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a
person; or
3. The basis used in changing the first name or nickname of a
person does not fall under SECTION 4.

          The civil registrar general shall immediately notify the city or
municipal civil registrar or the consul general of the action taken on
the decision. Upon receipt of the notice thereof, the city or municipal
civil registrar or the consul general shall notify the petitioner of such
action.

          The petitioner may seek reconsideration with the civil registrar
general or file the appropriate petition with the proper court.

          If the civil registrar general fails to exercise his power to


impugn the decision of the city or municipal civil registrar or of the
consul general within the period prescribed herein, such decision shall
become final and executory.

         Where the petition is denied by the city or municipal civil


registrar or the consul general, the petitioner may either appeal the
decision to the civil registrar general or file the appropriate petition
with the proper court.

SECTION 8. Payment of Fees. - The city or municipal civil registrar


or the consul general shall be authorized to collect reasonable fees as
a condition for accepting the petition. An indigent petitioner shall be
exempt from the payment of the said fee.

SECTION 9. Penalty Clause. - A person who violates any of the


provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than six (6) years but not more than twelve
(12) years, or a fine of not less than Ten thousand pesos (P10,000.00)
but not more than One Hundred Thousand pesos (P100,000.00), or
both, at the discretion of the court.

          In addition, if the offender is a government official or employee


he shall suffer the penalties provided under civil service laws, rules and
regulations.

SECTION 10. Implementing Rules and Regulations. - The civil


registrar general shall, in consultation with the Department of Justice,
the Department of Foreign Affairs, the Office of the Supreme Court
Administrator, the University of the Philippines Law Center and the
Philippine Association of Civil Registrars, issue the necessary rules and
regulations for the effective implementation of this Act not later than
three (3) months from the effectivity of this law.

SECTION 11. Retroactivity Clause. - This Act shall have retroactive


effect insofar as it does not prejudice or impair vested or acquired
rights in accordance with the Civil Code and other laws.

SECTION 12. Separability Clause. - If any portion or provision of


this Act is declared void or unconstitutional, the remaining portions or
provisions thereof shall not be affected by such declaration.

SECTION 13. Repealing Clause. - All laws, decrees, orders, rules


and regulations, other issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 14. Effectivity Clause. - This Act shall take effect fifteen


(15) days after its complete publication in at least two (2) national
newspapers of general circulation.
 

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