RULE 101 – PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSON

Section 1. Venue, Petition for Commitment.

 A petition for commitment of a person to a hospital or other place for the insane may be filed
with the CFI of the province where the person alleged to be insane is found.
 The petition shall be filed by the Sec. of Health in all cases where:
o in his opinion, such commitment is for the public welfare, or for the welfare of said
person who, in his judgment, is insane.
o And such person or the one having charge of him is opposed to his being taken to a
hospital or other place for the insane.

Section 2. Order for Hearing.

 If the petition filed is sufficient in form and substance:

o The court, by an order reciting the purpose of the petition,
 Shall fix a date for the hearing thereof,
 Shall serve the copy of such order to the alleged insane and to one having
charge over him, or on such relatives residing in the province or city. (Discretion
of judge)
 Shall order the sheriff to produce the alleged insane person, if possible, on the
date of the hearing.

Section 3. Hearing and Judgment.

 Upon satisfactory proof that the commitment applied for:

o Is for the public welfare or for the welfare of the insane person; and
o That his relatives are unable for any reason to take proper custody and care of him,

The court shall order his commitment to such hospital or other place for the insane as may
be recommended by the SOH. The court shall make proper provisions for the custody of
property or money belonging to the insane until a guardian be properly appointed.

Section 4. Discharge of Insane.

 When, in the opinion of the SOH, the person ordered to be committed to a hospital or other
place for the insane is:
o temporarily or permanently cured,
o or may be released without danger,

He may file the proper petition with the RTC which ordered the commitment.

Section 5. Assistance of fiscal in the proceeding.

 It shall be the duty of the provincial fiscal or the city fiscal, to prepare the petition for the SOH
and represent him in court in all proceedings arising under the provisions of this rule.
RULE 105 – JUDICIAL APPROVAL OF VOLUNTARY RECOGNITION OF MINOR NATURAL CHILDREN

Section 1. Venue.

 By filing a petition by a minor or the parent to that effect with the RTC of the province in which
the child resides.

 A natural child is one born outside of wedlock of parents who, at the time of the conception of
the former, were not disqualified by any impediment to marry each other.

 Under Article 172 of the FC, judicial approval of voluntary recognition is not required where
recognition is made in any of the following:
1. Record of birth,
2. Final Judgment,
3. An admission in a public instrument,
4. An admission in a private handwritten instrument signed by the parent concerned.
 In De Jesus v. Estate of Dizon, the Supreme Court construed Article 172:
o The filiation of illegitimate children, like legitimate children, is established by (1) the
record of birth appearing in the civil register or a final judgment; or (2) an admission of a
legitimate filiation in a public document or a private handwritten instrument signed by
the parent concerned. In the absence thereof, filiation shall be proved by (1) the open
and continuous possession of the status of a legitimate child; or (2) any other means
allowed by the Rules of Court and special laws.

The due recognition of an illegitimate child in a record of birth, a will, a statement

before a court or record, or in any authentic writing is, in itself a consummated act of
acknowledgement of the child, and no further court action is required. In fact any
writing is treated not just a ground for compulsory recognition; it is in itself a voluntary
recognition that does not require a separate action for judicial approval.

Where, instead, a claim for recognition is predicted on other evidence merely tending to
prove paternity, i.e., outside of a record of birth, a will, a statement before a court or
record, or an authentic writing, judicial action within the applicable statute of limitations
is essential in order to establish the child’s acknowledgment.

 Judicial approval of voluntary recognition is required only where filiation is proved by:
o Open and continuous possession of the status of a legitimate child.
o By any other means allowed by the Rules of Court and special laws.

 In Gono-Javier v. Court of Appeals,

“Where a claim for recognition is predicated on other evidence merely tending to prove
paternity, i.e., outside of record of birth, a will, a statement before a court of record, or
an authentic writing, a judicial action within the applicable statute of limitations is
essential in order to establish the child’s acknowledgment.
Voluntary vs. Compulsory Recognition

Voluntary Recognition is an admission of the fact Compulsory Recognition is sometimes also called
of paternity or maternity by the presumed the judicial recognition. It is recognition decreed
parent, expressed in the form prescribed by the by final judgment of a competent court. It is
Civil Code. governed by Articles 283 and 284, setting forth
the cases in which the father or mother,
Its essence lies in the avowal of the parent that respectively, is obliged to recognize a natural
the child is his; the formality is added to make child, and Article 285 providing that generally,
the admission incontestable, in view of its the action for recognition of natural children may
consequences. be brought only during the lifetime of the
presumed parents.
The form is prescribed by Article 278 of the Civil
Code, earlier adverted to, it provides that a
voluntary recognition shall be made in the record
of birth, a will, a statement before a court of
record, or in any authentic writing.

Section 2. Contents of Petition.

 The petition for judicial approval of a voluntary recognition of minor natural child shall contain
the following:
o Jurisdictional facts
o The names and residences of the parents who acknowledged the child, or of either of
them, and their compulsory heirs, and the person or persons with whom the child lives.
o The fact that the recognition made by the parent or parents took place in a statement
before a court of record, or in an authentic writing,
 copy of the statement or writing being attached with the petition.

When to file?

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall
be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases,
the heirs shall have a period of five years within which to institute an action.

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same
evidence as legitimate children.

The action must be brought within the same period specified under Article 173, except when the
action is based on the 2nd paragraph of Article 172, in which case the action may be brought during the
lifetime of the alleged parent.

PARTIES TO BE IMPLEADED

 Child filing the petition

o Alleged father
o Alleged mother
 o Their compulsory heirs
 The supposed recognizing parent must be afforded opportunity to admit or deny the
authenticity or genuineness of the instrument of acknowledgment.
 The legal hairs or successors of the supposed acknowledging parent should be given opportunity
to impugn, if they have good grounds to do so, because they stand to suffer diminution of their
share in the hereditary portion of the alleged recognizing parent.

HEARING

 The court shall fix the date and place for the hearing which should not be more than 6 months
after the entry of the order.
 The court shall cause a copy of the order to be served personally or by mail upon the interested
parties, and published once a week for 3 consecutive weeks in a newspaper or newspaper of
general circulation in the province.

OPPOSITION

 Any interested party.

 15 days from service, or from last date of publication.

JUDGMENT

 If, from the evidence presented during the hearing, the court is satisfied that the recognition
made by the parent or parents concerned, and that the recognition is for the best interest of the
child, it shall render judgment granting judicial approval of such recognition.