Writ Matrix

7/26/2019 Writ Matrix

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WRIT MATRIX (COMPARISON OF THE WRITS)WHC Writ of Habeas Corpus WA Writ of Amparo SB Sandiganbayan RTC Regional Trial CourtCoC Clerk of Court WD Writ of Habeas Data RWA - Rules on the Writ of AmparoRWD Rules on Habeas Data SC Supreme Court CA - Court of Appeals

Habeas Corpus Amparo Habeas Data

Nature, Scope FunctionAll ases of illegal on!nement and

detention "hih any person is depri#ed of

his liberty or rightful ustody of any

person is "ithheld from the person

entitled $Se% &'

Atual #iolation before "rit issues%

(ote )illa#ienio #% *ukban on

appliability of the "rit in ase of

onstruti#e restraint%

+n#ol#es right to life, liberty and seurity

#iolated or threatened "ith #iolation by

an unla"ful at or omission of a publi

oial or employee or a pri#ate

indi#idual or entity%

+t o#ers e.tralegal killings and enfored

disappearanes or threats thereof% $Se%

&'

+n#ol#es the right to pri#ay in life, liberty

or seurity #iolated or threatened by an

unla"ful at or omission of a publi

oial or employee, or of a pri#ate

indi#idual or entity engaged in thegathering, olleting or storing of data or

information regarding the person, family,

home and orrespondene of the

aggrie#ed party% $Se% &'

Limitations

/ay be suspended in ases of in#asion or

rebellion "hen publi safety re0uires it

$Art% +++ Se% &1, &234 Const%'

Shall not diminish, inrease or modify

substanti#e rights $Se% 56'

Shall not diminish, inrease or modify

substanti#e rights $Se% 56'

Who May File?

By a petition signed and #eri!ed by the

party for "hose relief it is intended, or by

some person on his behalf $Se% 6'

7etition !led by the aggrie#ed party or by

any 0uali!ed person or entity in the

follo"ing order8

9&: Any member of the immediate family

95: Any asendant, desendant or

ollateral relati#e of the aggrie#ed "ithin

the ;th i#il degree of onsanguinity or

anity

96: Any onerned itiranted by8

9&: SC or any member thereof, on any

day and at any time

95: CA or any member thereof in

instanes authori


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?ustie thereof, or to any RTC of the plae

"here the

threat, at, or omission "as ommitted or

any of its elements ourred

96: The RTC or any ?udge thereof,

returnable before suh ourt or ?udge

$Se% 6'

and then returned in RTC:

96: RTC, returnable before suh ourt or

?udge $Se% ;'

Docket Fees

pon the !nal disposition of suh

proeedings the ourt or ?udge shall

make suh order as to osts as the ase

re0uires $Se% &2'

7etitioner shall be e.empted from the

payment of the doket and other la"ful

fees

Court, ?ustie or ?udge shall doket the

petition and at upon it immediately $Se

;'

(one for indigent petitioner

7etition shall be doketed and ated upon

immediately, "ithout pre?udie to

subse0uent submission of proof of

indigeny not later than &1 days from

!ling $Se% 1'

Essential allegations !ontents of petitionSigned and #eri!ed either by the party

for "hose relief it is intended or by some

person on his behalf, setting forth8

9&: The person in "hose behalf "hose the

appliation is made is imprisoned or

restrained of his liberty

95: (ame of the person detaining another

or assumed appellation

96: 7lae "here he is imprisoned or

restrained of his liberty

9;: Cause of detention $Se% 6'

Signed and #eri!ed and shall allege8

9&: The personal irumstanes of the

petitioner

95: (ame or appellation and

irumstanes of the respondent

96: The right to life, liberty, and seurity

#iolated or threatened "ith #iolation,

9;: The in#estigation onduted, if any,

plus irumstanes of eah

91: The ations and reourses taken by

the petitioner9E: Relief prayed for may inlude a

general prayer for other ?ust and

e0uitable reliefs $Se% 1'

)eri!ed and "ritten petition shall ontain8

9&: 7ersonal irumstanes of petitioner

and respondent

95: /anner the right to pri#ay is #iolated

or threatened and its eFets

96: Ations and reourses taken by the

petitioner to seure the data or

information

9;: The loation of the !les, registers, or

databases, the go#ernment oe, and

the person in harge or ontrol91: The reliefs prayed for

Suh other rele#ant reliefs as are ?ust and

e0uitable $Se% E'When proper

Court or ?udge must, "hen a petition is

presented and it appears that it ought to

issue, grant the same and then8

the lerk of ourt 9CoC: shall issue the

"rit under the seal of the ourt or in ase

of emergeny, the ?udge may issue the

"rit under his o"n hand, and may depute

any oer or person to ser#e it

Also proper to be issued "hen the ourtor ?udge has e.amined into the ause of

restraint of the prisoner, and is satis!ed

that he is unla"fully imprisoned 9Se% 1'

pon the !ling of the petition, the ourt,

?ustie, or ?udge shall immediately order

the issuane of the "rit if on its fae it

ought to issue CoC shall issue the "rit

under the seal of the ourt or

+n ase of urgent neessity, the ?ustie or

the ?udge may issue the "rit under his or

her o"n hand, and may deputi


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the day spei!ed in the "rit, unless

person direted to

be produed is sik or in!rm, and annot,

"ithout danger, be brought therein

9: oer shall then make due return of

the "rit, "ith the day and ause of the

aption and restraint aording to the

ommand thereof $Se% 3'

When to 'le return@n the day spei!ed on the "rit $Se% 3' Within 1 "orking days after ser#ie of the

"rit $Se% 2'

Same "ith WA $Se% &'

!ontents of return

When the person to be produed is

imprisoned or restrained by an oer,

the person "ho makes the return shall

state, and in other ases

the person in "hose ustody the prisoner

is found shall state in "riting to the ourt

or ?udge before "hom the "rit is

returnable8

9&: Truth of ustodypo"er o#er the

aggrie#ed party

95: +f he has ustody or po"er, or under

restraint, the authority and the ause

thereof, "ith a opy of the "rit, order,

e.eution or other proess, if any upon"hih the party is held

96: +f the party is in his ustody or po"er,

and is not produed, partiularly the

nature and gra#ity

of the sikness or in!rmity

9;: +f he has had the party in his ustody

or po"er, and has transferred suh

ustody or

restraint to another, partiularly to "hom,

at "hat time, for "hat ause, and by

"hat authority suh transfer "as made%

$Se% &'

Within 1 "orking days after ser#ie of the

"rit, the respondent shall !le a #eri!ed

"ritten return together "ith supporting

ada#its "hih shall,

ontain8

9&: *a"ful defenses

95: The steps or ations taken to

determine the fate or "hereabouts of the

aggrie#ed party

96: All rele#ant information in the

possession of the respondent pertaining

to the threat, at or

omission against the aggrie#ed party

9;: +f the respondent is a publi oial oremployee, the return shall further state

ats8

9a: To #erify identity of aggrie#ed party

9b: To reo#er and preser#e e#idene

9: To identify and ollet "itness

statements

9d: To determine ause, manner, loation,

and time of death or disappearane

9e: To identify and apprehend persons

in#ol#ed

9f: Bring suspeted oFenders before a

ompetent ourt $Se%2'

9&: *a"ful defenses suh as national

seurity, state serets, pri#ileged

ommuniations, on!dentiality of the

soure of information of

media et%

95: +n ase of respondent in harge, in

possession or in ontrol of the data or

information sub?et of the petition8

9a: A dislosure of the data or information

about the petitioner, the nature of suh

data or information, and the purpose for

its olletion

9b: The steps or ations taken by the

respondent to ensure the seurity andon!dentiality of the data or information

9: The urreny and auray of the data

or information held

@ther allegations rele#ant to the

resolution of the proeeding $Se%&'

(s period of return e&tendable?

(o, not e#en on highly meritoriousgrounds%

Ges, by the ourt, for ?usti!able reasons$Se% &'

(s general denial allo#ed?

(ot allo"ed $Se% 2' (ot allo"ed $Se% &'Defenses not pleaded

+f not raised in return deemed "ai#ed

$Se &'

E)ect of failure to 'le returnCourt or ?ustie shall proeed to hear the

petition e. parte $Se% &5'

Court, ?udge, or ?ustie shall hear the

motion e. parte, granting the petitioner

suh reliefs as the petition may "arrant

nless the ourt in its disretion re0uires

the petitioner to submit e#idene $Se%

&;'

Nature of hearingSummary% Ho"e#er, the ourt, ?ustie, or

?udge may all for a preliminary

onferene to simplify the issues and look

at possibility of obtaining stipulations and

admissions from the parties%

Hearing shall be from day to day until

ompleted same priority as petitions for

WHC $Se% &6'

Summary% With possibility of preliminary

onferene similar to the WA $Se% &;'

Hearing on hambers may be onduted

"here respondent in#okes the defense of

national seurity or state serets, or the

data is of

pri#ileged harater $Se% &5'

Date and time of hearingAs spei!ed in the "rit $Se% 3' As spei!ed in the "rit, not later than 4

days from the issuane of the "rit $Se%

E'

As spei!ed in the "rit, not later than &

"orking days from the date of issuane

"rit $Se% 4'

7age 3of 13


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*rohibited pleadings+n ustody of minors8 a motion to dismiss,

e.ept on the ground of lak of

?urisdition $Se% E, Rule on Custody of

/inors and WHC'

/otion to dismiss, /otion for e.tension of

time to !le opposition, ada#it, position

paper and other pleadings, Dilatory

motion for postponement, /otion for bill

of partiulars, Counterlaims or

rosslaims, Third-party omplaint, Reply,

/otion to delare respondent in default,

+nter#ention, /emorandum, /otion for

reonsideration of interloutory orders or

interim relief orders, petition for

ertiorari,

mandamus, or prohibition $Se%&&'

Same as WA $RWD Se% &6'

+urden of *roofStandard of diligence

Clear and on#ining e#idene $Di


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ountry, the petition shall be !led in the

nearest 7hilippine

Consulate%

Rationale8 +t "ould not be pratial for

him, in terms of transportation e.penses,

time and eFort, to appear in person before

the loal i#il

registrar 9*CR: keeping the douments to

be orreted or hanged

Standing of the L!%(ot a party to the proeeding /ade a party to the proeeding as a

respondent

Notice %e0uirement

(o mention of notie to be sent The ourt shall ause reasonable notie to

be gi#en to persons named in the petition

!ontents of the *etition

Title8 +n Re8 7etition for Change of (ame of

K, also kno"n as G and L, to ABC% K,

7etitioner%

(ames or Aliases of the Appliant 9must

appear in the aption of the petition:

@mission is fatal to the petition

To allo" a reader of the published petitionto notie the said aliases

7etitioner has been a bona !de resident of

the pro#ine "here the petition is !led for

at least 6 years prior to the date of suh

!ling%

Cause for "hih the hange of the

petitionerMs name is sought

7etitioner must sho" a proper or

ompelling reason for the hange of name

N the fat that he "ill be pre?udied by the

use of his oial

name%

9&: =ats neessary to establish the merits

of the petition%

95: A sho"ing that the petitioner is

ompetent to testify to the matters stated

96: 7artiular erroneous entry or entries

"hih are sought to be orreted andor

the hange

sought to be made%

Form of *etition

The petition shall be signed and #eri!ed% )eri!ed petition 9&: +n the form of an ada#it

95: )eri!ed

96: Subsribed and s"orn to before any

person authorien or the proper pro#inial or ity

!sal shall appear on behalf of the

>o#ernment of the Republi%

91: Judgment granting or denying the

hange of name%

9&: =iling of petition

95: Court shall promulgate an order !.ing

the time and plae for hearing the petition

and ause reasonable notie to be gi#en

to the persons named in the petition%

Ci#il registrar and all persons "ho ha#e or

laim any interest "hih "ould be aFetedthereby shall be made parties to the

proeeding

96: Court shall diret a opy of the order to

be published before the hearing

At least one a "eek for 6 suessi#e

"eeks

+n some ne"spaper of general irulation

published in the pro#ine%

9;: =ile opposition

Within &1 days from notie of the petition

or from the last date of publiation

91: Hearing shall be onduted%

9&: =iling of petition and its supporting

papers in 6 opies to be distributed to8

9a: The onerned ity or muniipal i#il

registrar or the onsul general

9b: The @e of the Ci#il Registrar

>eneral

9: The petitioner

95: The City or /uniipal Registrar or theConsul >eneral shall post the petition in a

onspiuous plae for ten & onseuti#e

days after he

!nds the petition and its supporting

douments suient in form and

substane%

96: The petition shall be published at least

one a "eek for 5 onseuti#e "eeks in a

ne"spaper

of general irulation%

9;: The City or /uniipal Registrar or the

Consul >eneral shall render a deision not

7age 'of 13


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9E: Copy of ?udgments shall be furnished

the i#il registrar of the muniipality or

ity "here the ourt issuing the same is

situated, "ho shall forth"ith enter the

same in the i#il register%

Court may e.pedite the proeedings and

also grant preliminary in?untion for

preser#ation of

rights of the parties

9E: Judgment granting or denying the

hange of name%

94: Copy of ?udgments shall be furnished

the i#il registrar onerned "ho shall

annotate the

same in the reords

later than 1 "orking days after the

ompletion of the posting and or

publiation re0uirement% He shall transmit

a opy of his deision together "ith

the reords of the proeedings to the

@e of the Ci#il Registrar >eneral "ithin

1 "orking days from the date of the

deision%

Where the petition is denied by the ity or

muniipal i#il registrar or the onsulgeneral, the petitioner may either appeal

the deision to the i#il registrar general

or !le the appropriate

petition "ith the proper ourt%

91: The Ci#il Registrar >eneral shall, "ithin

& "orking days from reeipt of the

deision granting a petition, e.erise the

po"er to

impugn suh deision by "ay of an

ob?etion%

>rounds for ob?etion

9a: The error is not lerial or

typographial

9b: The orretion of an entry or entries in

the i#il register is substantial or

ontro#ersial as it

aFets the i#il status of a person

9: The basis used in hanging the !rst

name or nikname of a person does not

fall under one of

the #alid grounds%

+f the i#il registrar general fails to

e.erise his po"er to impugn the deision

of the ity or muniipal registrar or of the

onsul general

"ithin the period, suh deision shallbeome !nal and e.eutory%

9E: The i#il registrar general shall

immediately notify the ity or muniipal

i#il registrar or the onsul general of the

ation taken on the

deision%

94: pon reeipt of the notie thereof, the

ity or muniipal i#il registrar or the

onsul general shall notify the petitioner o

suh ation%

93: Appeal% The petitioner may seek

reonsideration "ith the i#il registrar

general or !le the appropriate petition

"ith the proper ourt%pposition

Any interested person Ci#il registrar and any person ha#ing or

laiming interest under the entry "hose

anellation or orretion is sought

(A

(@T8 The Ci#il Registrar >eneral is gi#en

the po"er to ob?et to the deision of the

*oal Ci#il Registrar

1rounds for !hange of Name

Republi #% Hernanderounds for

Change of (ame

9&: The name is ridiulous, tainted "ith

dishonor or e.tremely diult to "rite or

pronoune%

95: Change results as a legal onse0uene

of legitimation

ntries sub?et to anellation or

orretion8

9&:Birth

95:/arriage

96:Death

9;:*egal separation

91:Judgment of annulment

Se% ;8 >rounds for Change of =irst (ame

or (ikname

9&: The !rst name or nikname is

ridiulous, tainted "ith dishonor or

e.tremely diult to "rite or pronoune%

95: The ne" !rst name or nikname has

been habitually and ontinuously used by

7age of 13


7/13

96: The hange "ill a#oid onfusion%

9;: A sinere desire to adopt a =ilipino

name to erase signs of former alienage

9Ang Chay #s%

Republi, &24:

91: Ha#ing ontinuously used and been

kno"n sine hildhood by a =ilipino name,

ha#ing been

una"are of alien parentage 9y #s%

Republi, &2E1:

9E:Judgment delaring marriage null and

#oid

94:*egitimation

93:Adoption

92:Akno"ledgment of natural hildren

9&:(aturali


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W*at +s a Wr+t o, -a.+/asa0

+t is a remedy a#ailable to a natural or ?uridial person, entity

authori@7ubli

+nterest >roup:

@ne "ho is

personally aggrie#ed

Respondent 7ubli or pri#ate

entity or indi#idual

>o#ernment or

oers

Temporary

n#ironmenta

l 7rotetion

@rder 9T7@:

Anillary remedy Anillary remedy

)enue Supreme Court or

Court of Appeals

Supreme Court, CA or

RTC

Diso#ery

/easures

@ular inspetion

or prodution of

douments

(o enumeration

Damages (oneP separate suit Allo" damages for

maliious neglet of

duty

R!"E A8M8 No8 #%99$9SC

R!"ES OF PROCED!RE FOR EN:IRONMENTA" CASES

WRIT OF -A"I-ASAN

Se7t+o0 18Nature of the #rit2- The "rit is a remedy a#ailable

to a natural or ?uridial person, entity authori


9/13

unduly delays or refuses to ser#e the same shall be punished

by the ourt for ontempt "ithout pre?udie to other i#il,

riminal or administrati#e ations%

Se7t+o0 $8%eturn of respondent3 contents2- Within a non-

e.tendible period of ten 9&: days after ser#ie of the "rit, the

respondent shall !le a #eri!ed return "hih shall ontain all

defenses to sho" that respondent did not #iolate or threaten

to #iolate, or allo" the #iolation of any en#ironmental la", rule

or regulation or ommit any at resulting to en#ironmental

damage of suh magnitude as to pre?udie the life, health or

property of inhabitants in t"o or more ities or pro#ines%

All defenses not raised in the return shall be deemed "ai#ed%

The return shall inlude ada#its of "itnesses, doumentary

e#idene, sienti! or other e.pert studies, and if possible,

ob?et e#idene, in support of the defense of the respondent%

A general denial of allegations in the petition shall be

onsidered as an admission thereof%

Se7t+o0 %8*rohibited pleadings and motions2- The follo"ing

pleadings and motions are prohibited8

9a: /otion to dismissP

9b: /otion for e.tension of time to !le returnP

9: /otion for postponementP

9d: /otion for a bill of partiularsP

9e: Counterlaim or ross-laimP

9f: Third-party omplaintP

9g: ReplyP and

9h: /otion to delare respondent in default%

Se7t+o0 1#8E)ect of failure to 'le return2- +n ase the

respondent fails to !le a return, the ourt shall proeed to

hear the petition e. parte%

Se7t+o0 118"earing2- pon reeipt of the return of the

respondent, the ourt may all a preliminary onferene to

simplify the issues, determine the possibility of obtaining

stipulations or admissions from the parties, and set thepetition for hearing%

The hearing inluding the preliminary onferene shall not

e.tend beyond si.ty 9E: days and shall be gi#en the same

priority as petitions for the "rits of habeas orpus, amparo

and habeas data%

Se7t+o0 18Disco$ery Measures2- A party may !le a #eri!ed

motion for the follo"ing reliefs8

9a: cular (nspection3order Q The motion must sho" that an

oular inspetion order is neessary to establish the

magnitude of the #iolation or the threat as to pre?udie the

life, health or property of inhabitants in t"o or more ities or

pro#ines% +t shall state in detail the plae or plaes to beinspeted% +t shall be supported by ada#its of "itnesses

ha#ing personal kno"ledge of the #iolation or threatened

#iolation of en#ironmental la"%

After hearing, the ourt may order any person in possession or

ontrol of a designated land or other property to permit entry

for the purpose of inspeting or photographing the property or

any rele#ant ob?et or operation thereon%

The order shall speify the person or persons authori


10/13

prelude the !ling of separate i#il, riminal or administrati#e

ations%

7age 1#of 13


11/13

REP!;"IC ACT NO8 1#1 THE CIT? ORM!NICIPA" CI:I" RE>ISTRAR OR THE CONS!" >ENERA"TO CORRECT C"ERICA" OR T?PO>RAPHICA" ERRORS INTHE DA? AND MONTH IN THE DATE OF ;IRTH OR SEX OFA PERSON APPEARIN> IN THE CI:I" RE>ISTER WITHO!T

NEED OF A @!DICIA" ORDER AMENDIN> FOR THISP!RPOSE REP!;"IC ACT N!M;ERED NINET? FORT?9

EI>HT

+e it enacted by the Senate and "ouse of %epresentati$es ofthe *hilippines in !ongress assembled4

SCT+@( &% Setion & of Republi At (o% 2;3, hereinafterreferred to as the At, is hereby amended to read as follo"s8

SCT+@( &%/uthority to !orrect !lerical or 5ypographicalError and !hange of First Name or Nickname2 6 (o entry in ai#il register shall be hanged or orreted "ithout a ?udiialorder, e.ept for lerial or typographial errors and hangeof !rst name or nikname, the day and month in the date ofbirth or se. of a person "here it is patently lear that there"as a lerial or typographial error or mistake in the entry,"hih an be orreted or hanged by the onerned ity or

muniipal i#il registrar or onsul general in aordane "iththe pro#isions of this At and its implementing rules andregulations%I

SC% 5% Setion 5, paragraph 96: of the At is like"iseamended to read as follo"s8

SC% 5% De'nition of 5erms2 As used in this At, thefollo"ing terms shall mean8

9&: ... ...

95: ... ...

96: Clerial or typographial errorO refers to a mistakeommitted in the performane of lerial "ork in "riting,opying, transribing or typing an entry in the i#il registerthat is harmless and innouous, suh as misspelled name ormisspelled plae of birth, mistake in the entry of day andmonth in the date of birth or the se. of the person or the like,"hih is #isible to the eyes or ob#ious to the understanding,and an be orreted or hanged only by referene to othere.isting reord or reords8 *ro$ided, ho#e$er,That noorretion must in#ol#e the hange of nationality, age, orstatus of the petitioner%I

SC% 6% Setion 1 of the At is hereby amended to read asfollo"s8

SC% 1% Form and !ontents of the *etition2 6The petition fororretion of a lerial or typographial error, or for hange of!rst name or nikname, as the ase may be, shall be in theform of an ada#it, subsribed and s"orn to before anyperson authori


12/13

BREP!;"IC ACT NO8 %#&$ TH C+TG @R /(+C+7A* C+)+*R>+STRAR @R TH C@(S* >(RA* T@ C@RRCT AC*R+CA* @R TG7@>RA7H+CA* RR@R +( A( (TRG A(D@RCHA(> @= =+RST (A/ @R (+C(A/ +( TH C+)+*R>+STR W+TH@T (D @= A JD+C+A* @RDR, A/(D+(>=@R TH+S 7R7@S ART+C*S 64E A(D ;&5 @= TH C+)+*C@D @= TH 7H+*+77+(S%

Be it enated by the Senate and the House of Representati#es

of the 7hilippines in Congress assembled8

SECTION 18 Aut*or+t5 to Corre7t C.er+7a. orT5porap*+7a. Error a04 C*a0e o, F+rst Name orN+7/0ame- (o entry in a i#il register shall be hanged ororreted "ithout a ?udiial order, e.ept for lerial ortypographial errors and hange of !rst name or nikname"hih an be orreted or hanged by the onerned ity ormuniipal i#il registrar or onsul general in aordane "iththe pro#isions of this At and its implementing rules andregulations%

SECTION 8 De0+t+o0 o, Terms - As used in this At, thefollo"ing terms shall mean8

&% C+t5 or Mu0+7+pa. 7++. re+strar refers to the

head of the loal i#il registry oe of the ity ormuniipality, as the ase may be, "ho is appointed assuh by the ity or muniipal mayor in aordane "iththe pro#isions of e.isting la"s%

5% Pet+t+o0errefers to a natural person !ling thepetition and "ho has diret and personal interest in theorretion of a lerial or typographial error in an entryor hange of !rst name or nikname in the i#il register%

6% C.er+7a. or t5porap*+7a. errorrefers to amistake ommitted in the performane of lerial "orkin "riting, opying, transribing or typing an entry in thei#il register that is harmless and innouous, suh asmisspelled name or misspelled plae of birth or the like,"hih is #isible to the eyes or ob#ious to theunderstanding, and an be orreted or hanged only byreferene to other e.isting reord or reords8 7ro#ided,ho"e#er, That no orretion must in#ol#e the hange ofnationality, age, status or se. of the petitioner%

;% C++. Re+ster refers to the #arious registry booksand related erti!ates and douments kept in thearhi#es of the loal i#il registry oes, 7hilippineConsulates and of the @e of the Ci#il Registrar>eneral%

1% C++. re+strar e0era.refers to theAdministrator of the (ational Statistis @e "hih isthe ageny mandated to arry out and administer thepro#ision of la"s on i#il registration%

E% F+rst 0amerefers to a name or nikname gi#en toa person "hih may onsist of one or more names inaddition to the middle and last names%

SECTION 38 W*o Ma5 F+.e t*e Pet+t+o0 a04 W*ere8 9 Anyperson ha#ing diret and personal interest in the orretion ofa lerial or typographial error in an entry andor hange of!rst name or nikname in the i#il register may !le, in person,a #eri!ed petition "ith the loal i#il registry oe of the ityor muniipality "here the reord being sought to be orretedor hanged is kept%

+n ase the petitioner has already migrated to anotherplae in the ountry and it "ould not be pratial for suhparty, in terms of transportation e.penses, time and eFort toappear in person before the loal i#il registrar keeping thedouments to be orreted or hanged, the petition may be!led, in person, "ith the loal i#il registrar of the plae "herethe interested party is presently residing or domiiled% Thet"o 95: loal i#il registrars onerned "ill then ommuniateto failitate the proessing of the petition%

Citirou04s ,or C*a0e o, F+rst Name orN+7/0ame8 9The petition for hange of !rst name ornikname may be allo"ed in any of the follo"ing ases8

&% The petitioner !nds the !rst name or nikname to beridiulous, tainted "ith dishonor or e.tremely diult to"rite or pronoune%

5% The ne" !rst name or nikname has been habituallyand ontinuously used by the petitioner and he has beenpublily kno"n by that by that !rst name or nikname inthe ommunity8 or

6% The hange "ill a#oid onfusion%

SECTION '8 Form a04 Co0te0ts o, t*e Pet+t+o08 9 Thepetition shall be in the form of an ada#it, subsribed ands"orn to before any person authori


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The petition and its supporting papers shall be !led inthree 96: opies to be distributed as follo"s8 !rst opy to theonerned ity or muniipal i#il registrar, or the onsulgeneralP seond opy to the @e of the Ci#il Registrar>eneralP and third opy to the petitioner%

SECTION 8 Dut+es o, t*e C+t5 or Mu0+7+pa. C++.Re+strar or t*e Co0su. >e0era.8 9The ity or muniipali#il registrar or the onsul general to "hom the petition ispresented shall e.amine the petition and its supportingdouments% He shall post the petition in a onspiuous plaepro#ided for that purpose for ten 9&: onseuti#e days after

he !nds the petition and its supporting douments suientin form and substane%

The ity or muniipal i#il registrar or the onsulgeneral shall at on the petition and shall render a deisionnot later than !#e 91: "orking days after the ompletion of theposting andor publiation re0uirement% He shall transmit aopy of his deision together "ith the reords of theproeedings to the @e of the Ci#il Registrar >eneral "ithin!#e 91: "orking days from the date of the deision%

SECTION 8 Dut+es a04 Po2ers o, t*e C++. Re+strar>e0era.8 9 The i#il registrar general shall, "ithin ten 9&:"orking days from reeipt of the deision granting a petition,e.erise the po"er to impugn suh deision by "ay of anob?etion based on the follo"ing grounds8

&% The error is not lerial or typographialP

5% The orretion of an entry or entries in the i#ilregister is substantial or ontro#ersial as it aFets thei#il status of a personP or

6% The basis used in hanging the !rst name ornikname of a person does not fall under SCT+@( ;%

The i#il registrar general shall immediately notify theity or muniipal i#il registrar or the onsul general of theation taken on the deision% pon reeipt of the notiethereof, the ity or muniipal i#il registrar or the onsulgeneral shall notify the petitioner of suh ation%

The petitioner may seek reonsideration "ith the i#ilregistrar general or !le the appropriate petition "ith theproper ourt%

+f the i#il registrar general fails to e.erise his po"er toimpugn the deision of the ity or muniipal i#il registrar orof the onsul general "ithin the period presribed herein, suhdeision shall beome !nal and e.eutory%

Where the petition is denied by the ity or muniipali#il registrar or the onsul general, the petitioner may eitherappeal the deision to the i#il registrar general or !le theappropriate petition "ith the proper ourt%

SECTION $8 Pa5me0t o, Fees8 9The ity or muniipal i#ilregistrar or the onsul general shall be authori

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