writ matrix
TRANSCRIPT
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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
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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
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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
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prelude the !ling of separate i#il, riminal or administrati#e
ations%
7age 1#of 13
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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$er,That noorretion must in#ol#e the hange of nationality, age, orstatus of the petitioner%I
SC% 6% Setion 1 of the At is hereby amended to read asfollo"s8
SC% 1% Form and !ontents of the *etition2 6The petition fororretion of a lerial or typographial error, or for hange of!rst name or nikname, as the ase may be, shall be in theform of an ada#it, subsribed and s"orn to before anyperson authori
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BREP!;"IC ACT NO8 %#&$ 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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7/26/2019 Writ Matrix
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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