WRIT MATRIX (COMPARISON OF THE WRITS)

WHC Writ of Habeas Corpus

WA Writ of Amparo
CoC Clerk of Court
WD Writ of Habeas Data
RWD Rules on Habeas Data
SC Supreme Court
Habeas Corpus
All cases of illegal confinement and
detention which any person is deprived of
his liberty or rightful custody of any
person is withheld from the person
entitled [Sec. 1]
Actual violation before writ issues.
Note Villavicencio v. Lukban on
applicability of the writ in case of
constructive restraint.
May be suspended in cases of invasion or
rebellion when public safety requires it
[Art. III Sec. 15, 1987 Const.]
By a petition signed and verified by the
party for whose relief it is intended, or by
some person on his behalf [Sec. 3]

Granted by:
(1) SC or any member thereof, on any
day and at any time
(2) CA or any member thereof in
instances authorized by law
(3) RTC or a judge thereof, on any day
and at any time, enforceable only within
his judicial district [Sec. 2]
(4) MTC OR FIRST LEVEL COURTS in the
absence of RTC judges in a judicial region
[Sec. 35 BP 129]
If SC or CA issued, anywhere in the
Philippines
If granted by the RTC or judge thereof, it
is 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
If the one that granted the writ:
(1) Is the SC or CA, or a member thereof,
returnable before such court or any
member thereof or an RTC
(2) An RTC, or a judge thereof, returnable
before himself [Sec. 2]

SB Sandiganbayan
RTC Regional Trial Court
RWA - Rules on the Writ of Amparo
CA - Court of Appeals

Amparo
Nature, Scope Function
Involves right to life, liberty and security
violated or threatened with violation by
an unlawful act or omission of a public
official or employee or a private
individual or entity.

Habeas Data

It covers extralegal killings and enforced

disappearances or threats thereof. [Sec.
1]

Involves the right to privacy in life, liberty

or security violated or threatened by an
unlawful act or omission of a public
official or employee, or of a private
individual or entity engaged in the
gathering, collecting or storing of data or
information regarding the person, family,
home and correspondence of the
aggrieved party. [Sec. 1]

Limitations
Shall not diminish, increase or modify
substantive rights [Sec. 23]

Shall not diminish, increase or modify

substantive rights [Sec. 23]

Who May File?

Petition filed by the aggrieved party or by
any qualified person or entity in the
following order:
(1) Any member of the immediate family
(2) Any ascendant, descendant or
collateral relative of the aggrieved within
the 4th civil degree of consanguinity or
affinity
(3) Any concerned citizen, organization,
association or institution
Filing by the aggrieved suspends the right
of all others [Sec. 2]
Where Filed
Filed on any day and at any time:
(1) SB, CA, SC, or any justice of such
courts
(2) RTC of place where the threat, act, or
omission was committed or any element
occurred [Sec. 4]

Any aggrieved party may file a petition

for the WHD
However, in cases of extralegal killings
and enforced disappearances, the
petition may be filed by (also successive):
(1) Any member of the immediate family
of the aggrieved
(2) Any ascendant, descendant or
collateral relative of the aggrieved party
within the fourth civil degree of
consanguinity or affinity [Sec. 2]

Petition may be filed with RTC where the

petitioner or respondent resides or that
which has jurisdiction over the place
where the data or information is
gathered, collected or stored, at
the option of petitioner
If public data files of government offices,
petition shall be filed with the SC, CA, or
SB [Sec. 3]

Where enforceable
Writ shall be enforceable anywhere in the
Philippines [Sec. 4]

Writ shall be enforceable anywhere in the

Philippines [Sec. 3]

Where returnable
If the one that granted the writ:
(1) Is the SC or any of its justices,
returnable before such court or any
justice thereof, or before the SB or CA or
any of their justices, or
to any RTC of the place where the threat,
act or omission was committed or any of
its elements
occurred
(2) The SB or CA or any of their justices,
returnable before such court or any

If issued by:
(1) The SC or any of its justices, before
such Court or any justice thereof, or CA or
SB or any of its justices, or the RTC of the
place where the petitioner or respondent
resides/has jurisdiction over the place
where the data or information is
gathered, stored or collected
(2) The CA or SB or any of its justices,
before such court or any justice thereof,
or the RTC (same with scenario: SC issued

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Upon the final disposition of such

proceedings the court or judge shall
make such order as to costs as the case
requires [Sec. 19]

Signed and verified either by the party

for whose relief it is intended or by some
person on his behalf, setting forth:
(1) The person in whose behalf whose the
application is made is imprisoned or
restrained of his liberty
(2) Name of the person detaining another
or assumed appellation
(3) Place where he is imprisoned or
restrained of his liberty
(4) Cause of detention [Sec. 3]

Court or judge must, when a petition is

presented and it appears that it ought to
issue, grant the same and then:
the clerk of court (CoC) shall issue the
writ under the seal of the court or in case
of emergency, the judge may issue the
writ under his own hand, and may depute
any officer or person to serve it
Also proper to be issued when the court
or judge has examined into the cause of
restraint of the prisoner, and is satisfied
that he is unlawfully imprisoned (Sec. 5]
Writ may be served in any province by
the (a) sheriff, (b) other proper officer, or
(c) person deputed by the court or judge
Service is made by leaving the original
with the person to whom it is directed
and preserving a copy on which to make
return of service
If that person cannot be found, or has not
the prisoner in his custody, service shall
be made on any other person having or
exercising such
custody [Sec. 7]
May or may not be an officer [Sec. 6]

The officer to whom the writ is directed

shall 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

justice thereof, or to any RTC of the place

where the
threat, act, or omission was committed or
any of its elements occurred
(3) The RTC or any judge thereof,
returnable before such court or judge
[Sec. 3]
Docket Fees
Petitioner shall be exempted from the
payment of the docket and other lawful
fees
Court, justice or judge shall docket the
petition and act upon it immediately [Sec
4]
Essential allegations/ Contents of petition
Signed and verified and shall allege:
(1) The personal circumstances of the
petitioner
(2) Name or appellation and
circumstances of the respondent
(3) The right to life, liberty, and security
violated or threatened with violation,
(4) The investigation conducted, if any,
plus circumstances of each
(5) The actions and recourses taken by
the petitioner
(6) Relief prayed for may include a
general prayer for other just and
equitable reliefs [Sec. 5]
When proper
Upon the filing of the petition, the court,
justice, or judge shall immediately order
the issuance of the writ if on its face it
ought to issue CoC shall issue the writ
under the seal of the court or
In case of urgent necessity, the justice or
the judge may issue the writ under his or
her own hand, and may deputize any
officer or person to
serve it. [Sec. 6]

and then returned in RTC)

(3) RTC, returnable before such court or
judge [Sec. 4]

None for indigent petitioner

Petition shall be docketed and acted upon
immediately, without prejudice to
subsequent submission of proof of
indigency not later than 15 days from
filing [Sec. 5]
Verified and written petition shall contain:
(1) Personal circumstances of petitioner
and respondent
(2) Manner the right to privacy is violated
or threatened and its effects
(3) Actions and recourses taken by the
petitioner to secure the data or
information
(4) The location of the files, registers, or
databases, the government office, and
the person in charge or control
(5) The reliefs prayed for
Such other relevant reliefs as are just and
equitable [Sec. 6]
Upon filing of the petition, the court,
justice, or judge shall immediately order
the issuance of the writ if on its face it
ought to issue.
CoC shall issue the writ under the seal of
the court and cause it to be served within
3 days from issuance or
In case of urgent necessity, the justice or
judge may issue the writ under his or her
own hand, and may deputize any officer
or person to serve it [Sec. 7]

How and who serves

The writ shall be served upon the
respondent by a judicial officer or by a
person deputized by the court, justice or
judge who shall retain a copy on which to
make a return of service

The writ shall be served upon the

respondent by a judicial officer or by a
person deputized by the court, justice or
judge who shall retain a copy on which to
make a return of service

In case the writ cannot be served

personally on the respondent, the rules
on substituted service shall apply [Sec. 8]

In case the writ cannot be served

personally on the respondent, the rules
on substituted service shall apply [Sec. 9]

Respondent
Respondent is a public official or
employee or private individual or entity
[Sec. 1]
How executed and returned
Respondent files the return [Sec. 9]

A public official or employee or a private

individual or entity engaged in gathering,
collecting or storing data [Sec. 1]
Respondent files the return [Sec. 10]

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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]
On the day specified on the writ [Sec. 8]

When the person to be produced is

imprisoned or restrained by an officer,
the person who makes the return shall
state, and in other cases
the person in whose custody the prisoner
is found shall state in writing to the court
or judge before whom the writ is
returnable:
(1) Truth of custody/power over the
aggrieved party
(2) If he has custody or power, or under
restraint, the authority and the cause
thereof, with a copy of the writ, order,
execution or other process, if any upon
which the party is held
(3) If the party is in his custody or power,
and is not produced, particularly the
nature and gravity
of the sickness or infirmity
(4) If he has had the party in his custody
or power, and has transferred such
custody or
restraint to another, particularly to whom,
at what time, for what cause, and by
what authority such transfer was made.
[Sec. 10]

When to file return

Within 5 working days after service of the
writ [Sec. 9]
Contents of return
Within 5 working days after service of the
writ, the respondent shall file a verified
written return together with supporting
affidavits which shall,
contain:
(1) Lawful defenses
(2) The steps or actions taken to
determine the fate or whereabouts of the
aggrieved party
(3) All relevant information in the
possession of the respondent pertaining
to the threat, act or
omission against the aggrieved party
(4) If the respondent is a public official or
employee, the return shall further state
acts:
(a) To verify identity of aggrieved party
(b) To recover and preserve evidence
(c) To identify and collect witness
statements
(d) To determine cause, manner, location,
and time of death or disappearance
(e) To identify and apprehend persons
involved
(f) Bring suspected offenders before a
competent court [Sec.9]
Is period of return extendable?
No, not even on highly meritorious
grounds.
Is general denial allowed?
Not allowed [Sec. 9]
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
petition ex parte [Sec. 12]

Same with WA [Sec. 10]

(1) Lawful defenses such as national

security, state secrets, privileged
communications, confidentiality of the
source of information of
media etc.
(2) In case of respondent in charge, in
possession or in control of the data or
information subject of the petition:
(a) A disclosure of the data or information
about the petitioner, the nature of such
data or information, and the purpose for
its collection
(b) The steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or information
(c) The currency and accuracy of the data
or information held
Other allegations relevant to the
resolution of the proceeding [Sec.10]

Yes, by the court, for justifiable reasons

[Sec. 10]
Not allowed [Sec. 10]

Court, judge, or justice shall hear the

motion ex 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 may call for a preliminary
conference to simplify the issues and look
at possibility of obtaining stipulations and
admissions from the parties.

As specified in the writ [Sec. 8]

Hearing shall be from day to day until

completed same priority as petitions for
WHC [Sec. 13]
Date and time of hearing
As specified in the writ, not later than 7
days from the issuance of the writ [Sec.
6]

Summary. With possibility of preliminary

conference similar to the WA [Sec. 14]
Hearing on chambers may be conducted
where respondent invokes the defense of
national security or state secrets, or the
data is of
privileged character [Sec. 12]

As specified in the writ, not later than 10

working days from the date of issuance
writ [Sec. 7]

Page 3 of 13

In custody of minors: a motion to dismiss,

except on the ground of lack of
jurisdiction [Sec. 6, Rule on Custody of
Minors and WHC]

Clear and convincing evidence [Dizon v.

Eduardo (1988)]
Note: no provision in Rule but in Dizon v.
Eduardo, the SC used clear and
convincing evidence, a stricter standard
than preponderance of evidence but
less stricter that proof beyond
reasonable doubt.
Yes. Consonant with Sec. 13, stating that
if warrant of commitment is in pursuance
with law, serves as prima facie cause of
restraint

Within 48 hours from notice of the

judgment of final order appealed [Sec.
39, BP 129]

Prohibited pleadings
Motion to dismiss, Motion for extension of
time to file opposition, affidavit, position
paper and 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
Establish claims by substantial evidence
(a) if respondent is a private individual or
entity, ordinary diligence
(b) if public official or employee,
extraordinary diligence [Sec. 17]

Same as WA [RWD Sec. 13]

Substantial evidence required to prove

the allegations in the petition [Sec. 16]

Presumption of Official Duty

Public official or employee cannot invoke
the presumption that official duty has
been regularly performed [Sec. 17]
Judgment
The court shall render judgment within 10
days from the time the petition is
submitted for decision [Sec. 18]
Appeal
5 working days from the date of notice of
adverse judgment to the SC under Rule
45 [Sec. 19]
Consolidation of actions
Consolidated with a criminal action filed
subsequent to the petition [Sec. 23]
Effect of filing criminal action
No more separate petition shall be filed.
Reliefs available by motion in the criminal
case [Sec.22]

RULE 103

RULE 108

Substantial Changes

Applicability
Substantial changes in entries in the civil
registry (other than name)

Judicial

Judicial

Within 10 days from the time the petition

is submitted for decision [Sec. 16]

5 working days from the date of notice of

adverse judgment to the SC under Rule
45 [Sec. 19]
Consolidated with a criminal action filed
subsequent to the petition [Sec. 21]
Same as WA [Sec. 21]

RA 9048
Change of First Names or Nicknames
Change brought about by clerical or
typographical errors

Nature

1.The person desiring to change his name

2.Some other person on his behalf

Who May File?

Natural person having direct and personal
interest in the correction of error in an
entry in the civil register
Where Filed?
RTC of the province where the civil registry
is located

Administrative
A natural person having direct and
personal interest in the change of first
name or nickname in the civil register.
The local civil registry office of the city or
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

Page 4 of 13

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
Not a party to the proceeding

No mention of notice to be sent

Standing of the LCR

Made a party to the proceeding as a
respondent
Notice Requirement
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, also known as Y and Z, to ABC. X,
Petitioner.
Names or Aliases of the Applicant (must
appear in the caption of the petition)

(1) Facts necessary to establish the merits

of the petition.
(2) A showing that the petitioner is
competent to testify to the matters stated.
(3) Particular erroneous entry or entries
which are sought to be corrected and/or
the change
sought to be made.

Omission is fatal to the petition

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.
The petition shall be signed and verified.

(1) Filing of petition for change of name.

(2) Court shall promulgate an order fixing
a date and place for hearing the petition.
The date set for the hearing shall NOT be:
Within 30 days prior to an election
AND
Within 4 months after the last publication
of the notice.
(3) Court shall direct a copy of the order to
be published before the hearing
At least once a week for 3 successive
weeks
In some newspaper of general circulation
published in the province.
(4) Hearing shall be conducted.
The SolGen or the proper provincial or city
fiscal shall appear on behalf of the
Government of the Republic.
(5) Judgment granting or denying the
change of name.

Form of Petition
Verified petition

Procedure for Changing of Name

(1) Filing of petition
(2) Court shall promulgate an order fixing
the time and place for hearing the petition
and cause reasonable notice to be given
to the persons named in the petition.
Civil registrar and all persons who have or
claim any interest which would be affected
thereby shall be made parties to the
proceeding
(3) Court shall direct a copy of the order to
be published before the hearing
At least once a week for 3 successive
weeks
In some newspaper of general circulation
published in the province.
(4) File opposition
Within 15 days from notice of the petition
or from the last date of publication
(5) Hearing shall be conducted.

(1) In the form of an affidavit

(2) Verified
(3) Subscribed and sworn to before any
person authorized by law to administer
oaths
(1) Filing of petition and its supporting
papers in 3 copies to be distributed to:
(a) The concerned city or municipal civil
registrar or the consul general
(b) The Office of the Civil Registrar
General
(c) The petitioner
(2) The City or Municipal Registrar or the
Consul General shall post the petition in a
conspicuous place for ten 10 consecutive
days after he
finds the petition and its supporting
documents sufficient in form and
substance.
(3) The petition shall be published at least
once a week for 2 consecutive weeks in a
newspaper
of general circulation.
(4) The City or Municipal Registrar or the
Consul General shall render a decision not

Page 5 of 13

(6) Copy of judgments shall be furnished

the civil registrar of the municipality or
city where the court issuing the same is
situated, who shall forthwith enter the
same in the civil register.

Court may expedite the proceedings and

also grant preliminary injunction for
preservation of
rights of the parties
(6) Judgment granting or denying the
change of name.
(7) Copy of judgments shall be furnished
the civil registrar concerned who shall
annotate the
same in the records

later than 5 working days after the

completion of the posting and/ or
publication requirement. He shall transmit
a copy of his decision together with
the records of the proceedings to the
Office of the Civil Registrar General within
5 working days from the date of the
decision.
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.
(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.

Any interested person

Republic v. Hernandez: Valid Grounds for

Change of Name
(1) The name is ridiculous, tainted with
dishonor or extremely difficult to write or
pronounce.
(2) Change results as a legal consequence
of legitimation

Opposition
Civil registrar and any person having or
claiming interest under the entry whose
cancellation or correction is sought
Grounds for Change of Name
Entries subject to cancellation or
correction:
(1)Birth
(2)Marriage
(3)Death
(4)Legal separation
(5)Judgment of annulment

N/A
NOTE: The Civil Registrar General is given
the power to object to the decision of the
Local Civil Registrar
Sec. 4: Grounds for Change of First Name
or Nickname
(1) The first name or nickname is
ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.
(2) The new first name or nickname has
been habitually and continuously used by

Page 6 of 13

(3) The change will avoid confusion.

(4) A sincere desire to adopt a Filipino
name to erase signs of former alienage
(Ang Chay vs.
Republic, 1970)
(5) Having continuously used and been
known since childhood by a Filipino name,
having been
unaware of alien parentage (Uy vs.
Republic, 1965)

(6)Judgment declaring marriage null and

void
(7)Legitimation
(8)Adoption
(9)Acknowledgment of natural children
(10)Naturalization
(11)Election, loss or recovery of
citizenship
(12)Civil interdiction
(13)Judicial determination of filiation
(14)Voluntary emancipation of minor
(15)Changes of name

the
petitioner and he has been publicly known
by the first name or nickname in the
community.
(3) The change will avoid confusion.

Page 7 of 13

What is a Writ of Kalikasan?

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

It is a remedy available to a natural or juridical person, entity

authorized by law, peoples organizations, non-governmental
organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons
whose constitutional right to a balanced and healthful ecology
is violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual
or entity without involving environmental damage of such
magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.

WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy available
to a natural or juridical person, entity authorized by law,
peoples organization, non-governmental organization, or any
public interest group accredited by or registered with any
government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is
violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual
or entity, involving environmental damage of such magnitude
as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.

What is the basis of the Writ of Kalikasan?

It rests in Article II, Section 16 on the Declaration of Principles
and State Policies of the 1987 Constitution, which states that,
The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
What is the important feature of this writ?
The magnitude requirement with regards to the destruction or
imminent destruction which is sought to be prevented must
be present.
What is a Writ of Continuing Mandamus?
It is writ issued by a court in an environmental case directing
any agency or instrumentality of the government or officer
thereof to perform an act or series of acts decreed by final
judgment which shall remain effective until judgment is fully
satisfied. It is filed by one who is personally aggrieved.
(Contributor, Ihra Faith C Magno)
Summary of difference and similarities of Writ of
Kalikasan and Writ of Continuing Mandamus
Writ of Kalikasan
Subject
Matter
Petitioner

Respondent
Temporary
Environmenta
l Protection
Order (TEPO)
Venue
Discovery
Measures
Damages

Unlawful act or
omission; life
health or property
Any person or
representative
/agent
(PO/NGO/Public
Interest Group)
Public or private
entity or individual
Ancillary remedy

Supreme Court or
Court of Appeals
Ocular inspection
or production of
documents
None; separate suit

RULE 7 A.M. No. 09-6-8-SC

Writ of Continuing
Mandamus
Neglect or exclusion;
law, rule or right
One who is
personally aggrieved

Government or
officers
Ancillary remedy

Supreme Court, CA or
RTC
No enumeration

Allow damages for

malicious neglect of
duty

Section 2. Contents of the petition. - The verified petition

shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent
or if the name and personal circumstances are unknown and
uncertain, the respondent may be described by an assumed
appellation;
(c) The environmental law, rule or regulation violated or
threatened to be violated, the act or omission complained of,
and the environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or
more cities or provinces.
(d) All relevant and material evidence consisting of the
affidavits of witnesses, documentary evidence, scientific or
other expert studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasijudicial agency, and no such other action 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
should learn that the same or similar action or claim has been
filed or is pending, petitioner shall report to the court that fact
within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the
issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with the
Supreme Court or with any of the stations of the Court of
Appeals.
Section 4. No docket fees. - The petitioner shall be exempt
from the payment of docket fees.
Section 5. Issuance of the writ. - Within three (3) days from
the date of filing of the petition, if the petition is sufficient in
form and substance, the court shall give an order: (a) issuing
the writ; and (b) requiring the respondent to file a verified
return as provided in Section 8 of this Rule. The clerk of court
shall forthwith issue the writ under the seal of the court
including the issuance of a cease and desist order and other
temporary reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be served
upon the respondent by a court officer or any person
deputized by the court, who shall retain a copy on which to
make a return of service. In case the writ cannot be served
personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A
clerk of court who unduly delays or refuses to issue the writ
after its allowance or a court officer or deputized person who

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unduly delays or refuses to serve the same shall be punished

by the court for contempt without prejudice to other civil,
criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a nonextendible 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 respondent did not violate or threaten
to violate, or allow the violation of any environmental law, rule
or regulation or commit any act resulting to environmental
damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible,
object evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be
considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The following
pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the
respondent fails to file a return, the court shall proceed to
hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the
respondent, the court may call a preliminary conference to
simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the
petition for hearing.
The hearing including the preliminary conference shall not
extend beyond sixty (60) days and shall be given the same
priority as petitions for the writs of habeas corpus, amparo
and habeas data.
Section 12. Discovery Measures. - A party may file a verified
motion for the following reliefs:
(a) Ocular Inspection; order The motion must show that an
ocular inspection 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. It shall state in detail the place or places to be
inspected. It shall be supported by affidavits of witnesses
having personal knowledge of the violation or threatened
violation of environmental law.
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry
for the purpose of inspecting or photographing the property or
any relevant object or operation thereon.
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 petition or the
return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant.
The production order shall specify the person or persons
authorized to make the production and the date, time, place
and manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights
of all parties.
Section 13. Contempt. - The court may after hearing punish
the 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 process or order of the court for
indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of
memoranda. - After hearing, the court shall issue an order
submitting the case for decision. The court may require the
filing of memoranda and if possible, in its electronic form,
within a non-extendible period of thirty (30) days from the
date the petition is submitted for decision.
Section 15. Judgment. - Within sixty (60) days from the time
the petition is submitted for decision, the court shall render
judgment granting or denying the privilege of the writ of
kalikasan.
The reliefs that may be granted under the writ are the
following:
(a) Directing respondent to permanently cease and desist
from committing acts or neglecting the performance of a duty
in violation of environmental laws resulting in environmental
destruction or damage;
(b) Directing the respondent public official, government
agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;
(c) Directing the respondent public official, government
agency, private person or entity to monitor strict compliance
with the decision and orders of the court;
(d) Directing the respondent public official, government
agency, or private person or entity to make periodic reports
on the execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to
a balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the environment,
except the award of damages to individual petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date
of notice 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 Court. The appeal may raise
questions of fact.
Section 17. Institution of separate actions. - The filing of a
petition for the issuance of the writ of kalikasan shall not

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preclude the filing of separate civil, criminal or administrative

actions.

Page 10 of 13

REPUBLIC ACT NO. 10172]

AN ACT FURTHER AUTHORIZING THE CITY OR
MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL
TO CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN
THE DAY AND MONTH IN THE DATE OF BIRTH OR SEX OF
A PERSON APPEARING IN THE CIVIL REGISTER WITHOUT
NEED OF A JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE REPUBLIC ACT NUMBERED NINETY FORTYEIGHT
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SECTION 1. Section 1 of Republic Act No. 9048, hereinafter
referred to as the Act, is hereby amended to read as follows:
SECTION 1. Authority to Correct Clerical or Typographical
Error and Change of First Name or Nickname. No entry in a
civil register shall be changed or corrected without a judicial
order, except for clerical or typographical errors and change
of first name or nickname, the day 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 entry,
which can be corrected or changed by the concerned city or
municipal civil registrar or consul general in accordance with
the provisions of this Act and its implementing rules and
regulations.
SEC. 2. Section 2, paragraph (3) of the Act is likewise
amended to read as follows:
SEC. 2. Definition of Terms. As used in this Act, the
following terms shall mean:
(1) xxx xxx
(2) xxx xxx
(3) Clerical or typographical error refers to a mistake
committed in the performance of clerical work in writing,
copying, transcribing or typing an entry in the civil register
that is harmless and innocuous, such as misspelled name or
misspelled place of birth, mistake in the entry of day and
month in the date of birth or the sex of the person or the like,
which is visible to the eyes or obvious to the understanding,
and can be corrected or changed only by reference to other
existing 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:

(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;
(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
(3) Other documents which the petitioner or the city or
municipal civil registrar or the consul general may consider
relevant and necessary for the approval of the petition.
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 accompanied by earliest school record
or earliest school documents 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
accompanied by a certification issued by an accredited
government physician attesting to the fact that the petitioner
has not undergone sex change or sex transplant. The petition
for change of first name or nickname, or for correction of
erroneous entry concerning the day and month in the date of
birth or the sex of a person, as the case may be, shall be
published at least once a week for two (2) consecutive weeks
in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from
the appropriate law enforcements, agencies that he has no
pending case or no criminal record.
The petition and its supporting papers shall be filed in three
(3) copies to be distributed as follows: first copy to the
concerned city or municipal civil registrar, or the consul
general; second copy to the Office of the Civil Registrar
General; and third copy to the petitioner.
SEC. 4. Section 8 of the Act is hereby amended to read as
follows:
SEC. 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.
The fees collected by the city or municipal civil registrar or the
consul general pursuant to this Act shall accrue to the funds
of the Local Civil Registry Office concerned or the Office of the
Consul General for modernization of the office and hiring of
new personnel and procurement of supplies, subject to
government accounting and auditing rules.

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:

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[REPUBLIC ACT NO. 9048]

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL
REGISTRAR OR THE CONSUL GENERAL TO CORRECT A
CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR
CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL
REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING
FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL
CODE OF THE PHILIPPINES.
Be it enacted by the Senate and the House of Representatives
of the Philippines in Congress assembled:
SECTION 1. Authority to Correct Clerical or
Typographical Error and Change of First Name or
Nickname - No entry in a civil register shall be changed or
corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname
which can be corrected or changed by the concerned city or
municipal civil registrar or consul general in accordance with
the provisions of this Act and its implementing rules and
regulations.
SECTION 2. Definition of Terms - As used in this Act, the
following terms shall mean:
1.

"City or Municipal civil registrar" refers to the

head of the local civil registry office of the city or
municipality, as the case may be, who is appointed as
such by the city or municipal mayor in accordance with
the provisions of existing laws.

2.

"Petitioner" refers to a natural person filing the

petition and who has direct and personal interest in the
correction of a clerical or typographical error in an entry
or change of first name or nickname in the civil register.

3.

"Clerical or typographical error" refers to a

mistake committed in the performance of clerical work
in writing, copying, transcribing or typing an entry in the
civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth or the like,
which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by
reference to other existing record or records: Provided,
however, That no correction must involve the change of
nationality, age, status or sex of the petitioner.

In case the petitioner has already migrated to another

place in the country and it would not be practical for such
party, in terms of transportation expenses, time and effort to
appear in person before the local civil registrar keeping the
documents to be corrected or changed, the petition may be
filed, in person, with the local civil registrar of the place where
the interested party is presently residing or domiciled. The
two (2) local civil registrars concerned will then communicate
to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or
domiciled in foreign countries may file their petition, in
person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil
registrar or the consul general shall be processed in
accordance with this Act and its implementing rules and
regulations.
All petitions for the clerical or typographical errors
and/or change of first names or nicknames may be availed of
only once.
SECTION 4. Grounds for Change of First Name or
Nickname. - The petition for change of first name or
nickname may be allowed in any of the following cases:
1.

The petitioner finds the first name or nickname to be

ridiculous, tainted with dishonor or extremely difficult to
write or pronounce.

2.

The new first name or nickname has been habitually

and continuously used by the petitioner and he has been
publicly known by that by that first name or nickname in
the community: or

3.

4.

5.

6.

"Civil Register" refers to the various registry books

and related certificates and documents kept in the
archives of the local civil registry offices, Philippine
Consulates and of the Office of the Civil Registrar
General.
"Civil registrar general" refers to the
Administrator of the National Statistics Office which is
the agency mandated to carry out and administer the
provision of laws on civil registration.
"First name" refers to a name or nickname given to
a person which may consist of one or more names in
addition to the middle and last names.

SECTION 3. Who May File the Petition and Where. - Any

person having direct and personal interest in the correction of
a clerical or typographical error in an entry and/or change of
first name or 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 record being sought to be corrected
or changed is kept.

The change will avoid confusion.

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 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.

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

3.

Other documents which the petitioner or the city or

municipal civil registrar or the consul general may
consider relevant and necessary for the approval of the
petition.

In case of change of first name or nickname, the

petition shall likewise be supported with the documents
mentioned in the immediately preceding paragraph. In
addition, the petition shall be published at least once a week
for two (2) consecutive weeks in a newspaper of general
circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcement agencies
that he has no pending case or no criminal record.

Page 12 of 13

The petition and its supporting papers shall be filed in

three (3) copies to be distributed as follows: first copy to the
concerned city or municipal civil registrar, or the consul
general; second copy to the Office of the Civil Registrar
General; and third copy to the petitioner.
SECTION 6. Duties of the City or Municipal Civil
Registrar or the Consul General. - The city or municipal
civil registrar or the consul general to whom the petition is
presented shall examine the petition and its supporting
documents. He shall post the petition in a conspicuous place
provided for that purpose for ten (10) consecutive days after
he finds the petition and its supporting documents sufficient
in form and substance.
The city or municipal civil registrar or the consul
general shall act on the petition and shall render a decision
not later than five (5) working days after the completion of the
posting and/or publication requirement. He shall transmit a
copy of his decision together with the records of the
proceedings to the Office of the Civil Registrar General within
five (5) working days from the date of the decision.
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 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.

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.

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.

Page 13 of 13