Voluntary Dissolution

of Corporations
(Rule 104)
Note on Rule 104

- Rule 104 in Voluntary Dissolution of Corporations

has been superseded by the Corporation Code.
Under the Corporation Code, the jurisdiction over
voluntary dissolution of corporations is now vested
in the Securities and Exchange Commission (SEC)
Constitution of the Family Home
(Rule 106)
Notes on Rule 106 (1)
*Rule 106 has been rendered UNNECESSARY by Articles 152 and 153 of the Family Code, which
provide that a family home is deemed constituted as soon as it is occupied as a family
residence. These articles rendered judicial or extrajudicial constitution under Rule 106
unnecessary.
*Purpose of constitution – to exempt a family home from execution, forced sale, or
attachment, the same being a sacred symbol of love and is the repository of cherished
memories that last during one’s lifetime.
*What this means to creditors – creditors should take necessary precautions to protect their
interests before extending credit to the spouse or head of the family who owns the home.
*If the family home is constructed BEFORE the effectivity of the Family Code (August 3, 1988),
it must be constituted as such either judicially or extra-judicially in accordance with the
provisions of the Civil Code. For those constructed AFTER the effectivity of the FC, they are
automatically deemed to be family home.
Notes on Rule 106 (2)
What is a family home?
- It is the dwelling house where the husband and wife, or the unmarried head of
the family reside, including the land on which it is situated. (Article 152, FC) It
must be owned by said person. It cannot be established on a property held in co-
ownership with 3rd persons.
- It continues to be a family home even after 10 years from the death of the
person who constituted the same or for as long as there is a minor beneficiary
and the heirs cannot partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of who owns the property.
- There can only be one family home (Article 161, FC)
Beneficiaries of the family home –
1. Husband and wife or the unmarried head of the family
2. Parents of husband and wife, their ascendants/descendants, brothers/sisters,
(whether legitimate/illegitimate) who (a) live in the family home and (b) who
depend on the head of the family for support
Notes on Rule 106 (3)
A family home is EXEMPT from execution, forced sale, or attachment (Article 153, FC)
- Exception – execution, forced sale or attachment may be made in order to secure payment of:
(1) taxes
(2) debts incurred prior to the constitution of the family home
(3) debts secured by mortgages on the premises before or after such constitution
(4) debts due to labourers, mechanics, architects, builders, material men and others who
rendered service or furnished material for the construction of the building (Sec. 155, FC)
Other exceptions include execution/forced sale/attachment:
(5) for payment to a creditor who, even if not among the foregoing who obtain judgment in
his favour, had, on reasonable grounds to believe that the property is worth more than the
amount fixed in Article 157 FC, applied to the court for an order to sell the property under
execution (Article 160, FC)
(6) exemption is waived with the written consent of the person who constituted the same,
the latter’s spouse and a majority of the beneficiaries of legal age. In case of conflict, the
court decides (Article 158 FC).
Notes on Rule 106 (4)
Exemption necessitates that the same must be alleged/pleaded:
“In order to be exempted from execution, it behoves the debtor to allege it
before the sheriff prior to the execution or before the sale of the property at a
public auction.
The claim of exemption must be set up and proved, to the sheriff. Failure to
do so will estop the judgment debtor from thereafter claiming the exemption.”
PROCEDURE (1)
1. Filing of a verified Petition -
Who files – the head of a family owning a house and land on which the same is situated
- the spouse or the majority of those entitled to support
Where filed – with the RTC of the province/city where the property is located. If in
Manila, before the RTC-Family Court
When filed – if filed by the head of the family, it may be filed at any time
if filed by others, only when there is a danger that a person obliged to give
support may lose his/her fortune because of grave mismanagement or
riotous living
What the petition shall contain –
(a) description of property
(b) estimate of actual value
(c) that the petitioner is actually residing thereat
(d) the encumbrances thereon
(e) names/addresses of petitioner’s creditors, all mortgages, and all other
persons with interest on the property
(f) names of the beneficiaries of the family home
PROCEDURE (2)
2. Notice and publication – Upon receipt of the petition, the court notifies the
creditors, mortgagees and other persons with an interest in the estate through a
notice which contains –
(a) notice of the filing of the petition
(b) the date and time of the hearing of the petition
(c) a directive for the interested parties to file any objection to the petition
within a period not less than 30 days from receipt or from last date of
publication
The notice shall be:
(a) served on the interested persons
(b) published 1 a week for 3 consecutive weeks in a newspaper of general
circulation
(c) posted in a conspicuous place in the property or in the municipality/city
where the property is located.
PROCEDURE (3)
3. Hearing on the Petition and the objections thereto
4. Order of approval of the petition – after the hearing if the court shall approve
the petition if –
(a) the actual value of the proposed family home does not exceed Php20K or
Php30K in chartered cities (now Php200K and 300K, respectively, under FC)
(b) no third person is prejudiced thereby
(c) creditors have given sufficient security for their credits
5. Registration of the Order – a certified copy of the order of the court approving
the establishment of the family home shall be furnished the register of deeds
who shall record the same in the registry of property.
Absentees
(Rule 107)
Notes on Rule 107 (1)

What is an absentee?
An absentee is someone who disappears from his domicile, his
whereabouts unknown and without leaving an agent to administer
his/her properties or the power conferred upon any such agent has
already expired, in which case, there is a need to file a petition to
appoint a representative to administer his properties.

- A Petition under Rule 107 may be filed, at the earliest, after 2

years from the disappearance of the absentee
Effect of Disappearance
(a) Two years– if disappeared person did not appoint any representative for his properties, a
petition for appointment of representative for said properties may be filed.
- For purposes of remarriage if circumstances below (a to c) are present
(b) Four years – absentee presumed dead for all purposes, including succession and remarriage
of the spouse if said person –
(a) has not been heard of since he/she was on board a vessel lost during a sea
voyage, or an airplane which is missing
(b) person in the armed forces taking part in a combat is missing
(c) person in danger of death under other circumstances, and his
existence is unknown
(c) Five years – if disappeared person appointed a representative for his properties, a
petition for appointment of representative for said properties may be filed. A
declaration of absence under Rule 107
- presumed dead including the opening of succession if the absentee disappeared
after the age of 75 years old
(d) Seven years – presumed dead for all purposes except for purposes of succession
(e) Ten years – presumed dead for purpose of opening absentee’s succession
On declaration of presumptive death
for purposes of remarriage
As a general rule: A petition for declaration of presumptive death is not an
independent, separate action where the only issue is whether or not the
disappeared person is dead. It is usually filed in conjunction with other matters
such as – the administration of the disappeared person’s properties or the
opening of succession. In other words, there is no such independent action for
declaration of presumption of death.
Exception: petition for declaration of presumptive death for purposes of
remarriage (Art. 41, Civil Code).
On subsequent marriages entered into after a declaration of presumptive death
- the same must be based on a well-founded belief that the 1st spouse is dead,
otherwise it is not void and bigamous. If the 1st spouse resurfaces, he/she must
file an affidavit of reappearance or resort to court action to terminate the
second marriage (Santos vs, Santos, G.R> No,. 1877961, 08 October 2014).
PROCEDURE (1)
1. File Petition for Appointment of an Absentee’s representative
Who may file
A. If absence is only for 2 years and for purpose of appointing a representative
for the properties the petition may be filed by:
(a) any interested person; (b) absentee’s relative; (c)
absentee’s friend
B. If absence is for 5 years and purpose is for declaration of absence,
appointment of a trustee for his estate, the petition may be filed by:
(a) the spouse present; (b) heirs instituted in the will who may present
an authentic copy of the same; (c) relatives who will succeed by
intestacy; (d) those with right on the absentee’s property conditioned
on his death
Where filed – before the RTC of the place where the absentee resided before
his disappearance. In Manila, before the RTC Family Court
Prayer of the Petition – for the appointment of a representative to represent
the absentee provisionally in all that may be necessary
PROCEDURE (2)
2. Contents of the Petition:
(a) jurisdictional facts
(b) names, ages, residences of heirs instituted in the will, (with copy
presented) or relatives who will succeed by the law of intestacy
(c) names and residences of creditors and others with adverse interest over
the propert(ies) of the absentee;
(d) probable value, location, and character of the property belonging to the
absentee
3. Time of hearing; notice and publication thereof; Upon receipt of the petition,
the court shall prepare a notice, fixing the date and place for the hearing where
all who want to contest the petition may appear. Copies of the notice of hearing
will be sent to the known heirs, legatees, devisees, creditors and other
interested persons and published once a week for 3 consecutive weeks in a
newspaper of general circulation in the province or city where the absentee
resides
PROCEDURE (2)
4. Opposition. – Any person who wants to contest the petition will state in
writing his grounds therefrom and serve a copy thereof on the petitioner and
other interested persons on or before the date designated for the hearing
5. Proof at the hearing. During the hearing, there must be:
- proof of compliance with the requirement of notice/publication
- proof of the allegations in the Petition

- if the allegations in the Petition are proven, the judge will issue an order
granting the same and appointing the representative, trustee, or administrator
for the absentee. The judge will take measures to safeguard the rights and
interest of the absentee and shall specify the powers, obligations and
remuneration of his representative, trustee or administrator, according to the
rules concerning guardians
- Effect of judgment is only until 6 months after its publication in a newspaper
designated by the court and in the Official Gazette.
Who may be appointed representative of
the absentee?
(a) spouse of the absentee when there is no legal separation
(b) If there is no spouse or if the spouse is incompetent, any competent person
TERMINATION OF ADMINISTRATION
(a) when the absentee appears personally or by means of an agent
(b) When the death of the absentee is proved and his testate/intestate heirs
appear
(c) When a third person appears showing by a proper document that he has
acquired the absentee’s property by purchase or other title
In the foregoing cases, the trustee/administrator shall cease in the performance
of his office, and the property shall be placed at the disposal of the person who
has a right thereto.
Change of Name (Rule 103)
R.A. 9048
Notes on Rule 103
Coverage of Rule 103:
Rule 103 governs judicial petitions for change of a given name, surname, or both
pursuant to Article 376 of the Civil Code which prohibits one from changing one’s
name or surname without judicial authority.
Purpose of the rule: to prevent fraud
The State has an interest in the names of individuals. A change of name is a
privilege and not a right. Before a person can be authorized to change the name
given him in his/her certificate of birth or in the civil registry, he must show
proper or reasonable cause or compelling reason to justify the same.
Nature of the proceedings:
The proceedings are in rem, which requires publication of the order issued by the
court. Notice affords the State and other interested parties opportunity to
oppose the petition. Publication of the notice serves to indefinitely bar all that
might make an objection. Publication brings the world to notice and binds it as a
party in the case. It vests the court with jurisdiction to hear and decide the case
Notes on Rule 103
-The “change” covered by Rule 103 is a change in one’s official, legal name, the
same name that is recorded in the civil register.

-The civil register being the official repository of records of the civil status of
persons, it follows that the name on record there is the official, legal name, as
opposed to a name appearing in for example, a baptismal certificate or any other
appellation by which a person is commonly known

- Change of name is a matter of public interest. If left unchecked, the

proceedings may be used for nefarious purposes – for example, by a criminal
trying to avoid the service of sentence, or an alien trying to evade an order of
deportation.
PROCEDURE (1)
1. File a Petition for Change of Name
WHO FILES: A person who desires to change his/her name. He/she may be a
Filipino or a resident alien, or an adopted child,
*Another person may verify the petition in behalf of the person
whose name is to be changed. However, no other person (even a mother in behalf of
her minor child) can ask the court to change another person’s name
WHERE FILED: before the RTC of the province where petitioner resides at least 3
years prior to filing
CONTENTS OF THE PETITION:
(1) allegation that the 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 the filing
(2) the cause for which the change of name is sought
(3) the name asked for
(4) the true name/names of the applicant ( per jurisprudence).
*Names must be correctly spelled out. Correct spelling/and inclusion of all names by
which one is officially or informally known is for proper identification of the petitioner.
PROCEDURE (2)
2. Order of hearing –
Upon receipt of the petition, and finding the same sufficient in form and
substance, issues an order reciting the purpose of the petition, and the time and
date for the hearing thereof. It shall direct the order to be published before
hearing at least 1x a week for 3 consecutive weeks in a newspaper of general
circulation. The date set for hearing shall not be within 30 days prior to an
election or within 4 months after the last publication of the notice.
*The foregoing Order/Notice is a jurisdictional requirement in addition to the
requirement that the petition must accurately state the:
(a) names/aliases of applicant
(b) that applicant is a bona fide resident of the province where petition is
filed at least 3 years prior to filing
(c) cause of the change sought
(d) new name asked for
PROCEDURE (3)
Grounds for change of name:
(1) Name is ridiculous, dishonorable, extremely difficult to write or pronounce
(2) Change results as a legal consequence, as in legitimation
(3) Change will avoid confusion
(4) When one has continuously used and has been known since childhood by a
Filipino name and was unaware of alien parentage
(5) Sincere desire to adopt a Filipino name to erase signs of former alienage, all
in good faith and without prejudice to anybody
(6) Surname causes embarrassment and there is no showing that the desired
change was for a fraudulent purpose or that it will prejudice public interest
*The merits of the petition is left to the sound discretion of the court.
*Courts cannot change the name if said change will affect paternity and filiation
or when it will give false impression of family relationship to another where none
actually exists.
PROCEDURE (4)
3. Hearing – during the hearing any interested person may appear and oppose the
petition. The Solicitor General or the proper provincial/city fiscal shall appear on
behalf of the government.
4. Judgment – Upon satisfactory proof in open court on the date fixed in
accordance with the prayer of the petition, that all the allegations in the
petition are true and proper and reasonable causes appear for changing the
name of the petitioner, the petition will be granted.
5. Service of Judgment – judgment will be furnished the civil registry of the
municipality/city where the court issuing the same is situated who shall
forthwith enter the same in the civil register.
Jurisprudence on Rule 103 (1)
GENERAL RULE: Legitimate/legitimated children shall bear the surname of their fathers.
Illegitimate children shall bear the surnames of their mothers (and with no middle name),
unless their father recognizes their filiation, in which case they may use their fathers’
surnames.
*If the petition was only for correction of entries in a birth certificate and not for a change
of name, the petition must be filed under Rule 108, not Rule 103. (Republic vs. Sali, G.R. No.
206023, April 3, 2017)
*Article 176 of the FC, as amended by R.A> 9255 gives illegitimate children the right to
decide whether to use the surname of their father or not. (Grande vs. Antonio, G.R. No.
206248, February 18, 2014). Choice is with the child and always subject to the rule tat the
child be placed in the best possible situation considering his circumstances (Ibid).
*For married women:
a. true and correct name is one appearing in her birth certificate. No need to take her
husband’s surname upon marriage.
b. If annulled, no need to file a petition to resume maiden name or surname. No need to
file petition to be able to continue married surname except legal separation.
Jurisprudence on Rule 103 (2)
*Gender reassignment does not constitute a ground to change a person’s first
name (Silverio vs. Republic, G.R. No. 174689, October 22, 2007).

HOWEVER, in the case of Republic vs. Cagandahan, (G.R. No. 166676, September
12, 2008), the Supreme Court allowed the petition for change of name arising
from a change of gender where it was found that the petitioner had congenital
adrenal hyperplasia, a condition where one possesses both male and female
characteristics. Being intersexed, he cannot be classified as either male or
female at birth. The determining factor would only be what the individual thinks
his or her sex is, after having reached the age of majority. In this case, petitioner
Cagandahan had made known his preferred gender.
R.A. 9048 (enacted in 2001) (1)
An Act Authorizing the City or Municipal Civil registrar of the Consul General to Correct a
Clerical or Typographical Error in in an Entry and/or Change of First Name of Nickname in the
Civil Register Without Need of Judicial Order.

*The new law covers clerical or typographical errors in entries of the civil register
covering clerical or typographical errors. This leaves, as coverage of Rule 108 those
substantial changes and corrections in entries of the civil register.
*Clerical/typo errors include:
clerical mistakes
misspelling
mistakes that are easily discernible from other entries or other existing
record/records
R.A. 9048 as expanded by R.A, 10172 further includes:
typo errors on first name, nickname, day and month, date of birth, sex
*Procedure however, excludes changes in nationality, age, status of the petitioner
*Procedure under R.A. 9048 is summary procedure while procedure under Rule 108 is
proper adversary proceeding.
R.A. 9048 (enacted in 2001) (2)
Salient Points of the Law:
*WHO MAY FILE PETITION
Petition is filed by any person with direct/personal interest in the correction of a
clerical or typographical error in an entry and/or change in the first name r
nickname in the civil register.
WHERE: (1) local civil registry in city/municipality where record to be
corrected/changed is kept
(2) local civil registry in the city/municipality where the interested party
is presently residing. The two local civil registries will be coordinating
with each other
(3) for foreign residents, before the nearest Philippine consulate
R.A. 9048 (enacted in 2001) (3)
Salient Points of the Law (Con’t)
*Changes covered:
(1) Ridiculous first name or nickname or is tainted with dishonour, or
extremely difficult to write or pronounce
(2) The new first name/nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the
community
(3) The change will avoid confusion
*Under R.A. 9048, posting of petition in conspicuous places in the Registrar’s Office and
publication of the petition for 2 consecutive weeks are required. There is however, no need
for hearing.
*No more need for hearing. The registrar will conduct an investigation and render a decision
within 5 days from date of completion of posting/publication requirement .
*Appeal to be made before the Civil Registrar General (CRG) or the NSO.
Cancellation/Correction of
Entries in Civil Registry
(Rule 108)
Notes on Rule 108 (1)
*Corrections under Rule 108 are substantial, they affect the status or legitimacy
of a person. They are considered in rem proceedings.
*Some proceedings under the rule are summary; others are adversarial. How does
one distinguish one from the other?
- if the subject of the petition is not for correction of clerical errors of
harmless innocuous nature, proceedings are summary. However, if the
subject is civil status, nationality/citizenship which are substantial or
controversial, the proceedings are adversarial.
-what characterizes an adversarial proceeding is where there are opposing
parties, where a party seeking relief as given legal warning to the other
party, giving the latter the opportunity to contest the petition. The
publication of the notice for 3 consecutive weeks and furnishing the SolGen
with a copy of the notice are among the hallmarks of an adversarial
proceeding.
Notes on Rule 108 (2)
Entries subject to cancellation/correction under Rule 108:

births, marriages, deaths, legal separations,

judgments of annulments of marriage,
judgments declaring marriages void from the beginning,
legitimations, adoptions, acknowledgements of natural children,
naturalizations, election, loss or recovery of citizenship,
civil interdiction, judicial determination of filiation,
voluntary emancipation of a minor and changes of name (Section 2, Rule
108)
PROCEDURE (1)

1. File a Petition for Cancellation/Correction

WHO FILES: Any person interested in any act, event, order or decree concerning the
civil status of persons which has been recorded in the civil register
WHERE FILED: before the RTC of the province of the registry keeping the record
PARTIES TO THE PETITION:
- the civil registrar of the place where the record is kept
- all persons with claim or interest which would be affected thereby shall be made
parties to the proceeding (indispensable parties)
PROCEDURE (2)
2. Notice and Publication –
Upon receipt of the petition, and finding the same sufficient in form and substance,
issues an order, containing the time and date for the hearing thereof.
Copies of the order will be given to the persons named in the Petition
The Court shall also direct the order to be published before hearing at least 1x a week
for 3 consecutive weeks in a newspaper of general circulation (Section 4, Rule 108).
3. Opposition – the civil registrar or any person claiming interest under the entry
whose cancellation/correction is sought may, within 15 days from notice of the
petition, or from the last date of publication of notice, file his opposition thereto
(Section 5, Rule 108).
4. Expediting the Proceedings. – court may make orders to expedite proceedings and
issue preliminary injunction to preserve rights of parties pending proceedings (Sec. 6,
Rule 108)
5. Order – after hearing, court may either dismiss or grant the petition. In either case,
copies of the decision will be issued the civil registrar who shall annotate the same on
the record (Section 7, Rule 108)
PROCEDURE (3)
Grounds for change of name:
(1) Name is ridiculous, dishonorable, extremely difficult to write or pronounce
(2) Change results as a legal consequence, as in legitimation
(3) Change will avoid confusion
(4) When one has continuously used and has been known since childhood by a
Filipino name and was unaware of alien parentage
(5) Sincere desire to adopt a Filipino name to erase signs of former alienage, all
in good faith and without prejudice to anybody
(6) Surname causes embarrassment and there is no showing that the desired
change was for a fraudulent purpose or that it will prejudice public interest
*The merits of the petition is left to the sound discretion of the court.
*Courts cannot change of name if said change will affect paternity and filiation
or when it will give false impression of family relationship to another where none
actually exists.
PROCEDURE (4)
3. Hearing – during the hearing any interested person may appear and oppose the
petition. The Solicitor General or the proper provincial/city fiscal shall appear on
behalf of the government.
4. Judgment – Upon satisfactory proof in open court on the date fixed in
accordance with the prayer of the petition, that all the allegations in the
petition are true and proper and reasonable causes appear for changing the
name of the petitioner, the petition will be granted.
5. Service of Judgment – judgment will be furnished the civil registry of the
municipality/city where the court issuing the same is situated who shall
forthwith enter the same in the civil register.
Rule 103, R.A. 9048 and Rule 108
Rule 103 R.A. 9048 Rule 108
Scope Change of full Change of first Correction of substantial
name/surname name/nickname, correction errors/cancellation of
(substantial corrections) of clerical errors, entries in entries in the civil registry
civil registry
Nature of proceedings Judicial (hearing necessary Administrative Judicial (hearing necessary)
(no hearing necessary)
Adversarial in nature as it
involves substantial changes
affecting status of
individual
Who may file Person who wants to change Any person with Any person interested in
his name direct/personal interest any act, event. Order, or
decree concerning the civil
status of persons
Where filed RTC of place where Civil registry keeping RTC of place where civil
petitioner is residing for 3 records or place where registry keeping the record
years prior petitioner is residing or is located
Philippine consulate