Writ Matrix
Writ Matrix
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
Limitations
Shall not diminish, increase or modify
substantive rights [Sec. 23]
Where enforceable
Writ shall be enforceable anywhere in the
Philippines [Sec. 4]
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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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]
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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.
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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]
RULE 103
RULE 108
Substantial Changes
Applicability
Substantial changes in entries in the civil
registry (other than name)
Judicial
Judicial
RA 9048
Change of First Names or Nicknames
Change brought about by clerical or
typographical errors
Nature
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
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Form of Petition
Verified petition
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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
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the
petitioner and he has been publicly known
by the first name or nickname in the
community.
(3) The change will avoid confusion.
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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.
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
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
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