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Notes in SpecialProceedings
Lope E. FebleFormer Dean, Mlqu School of Law
The following notes are intended for exclusiveuse of MLQU bar candidates. All Rights
reserved.
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Kinds of Spec. Proceedings
1. Settlement of EstateR73-90
2. EscheatR91 3. GuardianshipR92-97
4. TrusteesR98
5. Adoption and Custody of Minors R99-100[superseded by Adm. 02-6-02, Effective Aug.22, 2002, pursuant to RA 8043 (Inter-CountryAdop.) and RA 8552 (Domestic Adop.)
6. Change of NameR103
7. AbsenteesR107
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KINDS OF SPEC. PRO.
8. Cancellation and Correction of Entries R108,with RA 9048 (Clerical & Typographical Error Law)
9. Habeas CorpusR102
10. Writ of AmparoAM No. 07-9-12 11. Writ of Habeas DataAM No. 08-1-16
(Remedy: Rule 109Appeals in Special Proceedings)
OTHERS:
1. Those actions under the Family Code
2. Those related to Arbitration
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Settlement of Estates 2 ways:
1] Extra-judicial a] Summary, or b] Self-Adjudication by Sole Heir
2] Judicialeither:
a] Testate proceedings; or
b] Intestate proceedings.
Jurisdiction in Jud. Settlement Proceedings
based on the gross value of the estateVenuedeceased last resided or location of
the property.
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Summary settlementR74(EJS)
Rule: No will, No debts, or debts fully liquidated,heirs are all of legal age, or if minor duly represented:
1] execute a deed of extra-judicial settlement of estate(public doc.), or affidavit of self-adjudication; VOID AS
TO HEIRS WHO HAVE NOT PARTICIPATED.
2) a Project of Partition in an action for Partition (R69).
Filed with the Registry of Deeds with the Bond for
personal property, and publication (3x). Note that the settlement is subject to claims within the 2
year period [annotated of the cert.of title]
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Judicial Summary of Estate of Small
Value
Where the value of estate does not exceed P10kthe estate can be adjudicated summarily by thecourt but:
Publication must be made (3x);
Hearing 1 mo. but not more than 3 mos. fromlast publication;
Notice to interested persons;
Bond where personal property is involved.
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Testate or Intestate Proceedings
Gen. Principles
Proceedings in rem.
Writ of Execution is not generally a remedy butcontempt.
Court exercises limited juris., but include, all incidents tosettlement of estate, such as:
1. provisional determination of ownership [for inventorypurposes], subject to separate action;
2. determination of ownership if all heirs submit the issueto the court so long as no rights of third parties areprejudiced;
3. question of advances or collation;
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Gen. principles continued
In jud. settlement proceedings therefore the courthas the power to resolve the following:
1. heirs entitled to the estate;
2. recognition of an illegitimate child;
3. validity of disinheritance; 4. issue of whether a person is a spouse of the
deceased;
5. validity of a waiver of rights to inheritance; 6. whether a property is conjugal or exclusive;
7. other incidental matters for the closure of settlementproceedings.
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Probate Proceedings
NATURE in rem, mandatory, and imprescriptible [asthe right to inherit does not prescribe]. No estoppel.
WHO MAY COMMENCE PROBATE?
Any person interested in the estate of the testator,i.e. heir, devisee, legatee, executor named in the will, creditor.
PERSONS ENTITLED TO NOTICE
Same as above (but as to heirs, only compulsory heirs). Must
be served 20 days if by mail, or 10 days if personal service,prior the scheduled hearing.
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PROBATE
CONTENTS OF THE PETITION 1. jurisdictional facts;
2. names, ages and residences of heirs,
legatees and devisees; 3. value and character of the property of the
estate;
4. name of the person for whom letters areprayed for;
5. if will not yet delivered to court, person in
custody thereof.
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PROBATE
GROUNDS FOR DISALLOWANCE OF A WILL[court can determine only the extrinsic validity of a will,except when the intrinsic defect would render the willineffective]:
1. not executed and attested as required by law; 2. mental incapacity of the testator rendering him incapable
to make a will at the time of executed;
3. duress, fear or threat;
4. undue and improper pressure and influence on the part ofthe beneficiary, or other person for his benefit.
5. signature of the testator procured by fraud or trick and notintended for a will
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EFFECTS OF PROBATE
Once a will is probated, its allowance is conclusiveas to its due execution. It settles the extrinsicvalidity or formalities required of a will, subject
only to appeal.
Note, however, that intrinsic validity may be
inquired by the court as when the intrinsic defectwill render a probate proceedings a uselessexercise, the defect being apparent on the face ofthe will.
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RULE ON REPROBATE Reprobate is a probate of a foreign will duly probated
in a foreign country. For purposes of reprobate a petition must be filed in
the Philippines. In such proceeding it must be prove:
1. testator is domiciled in a foreign country
2. the will was probated in that country by a court ofcompetent jurisdiction
3. law on probate of that country and proof ofcompliance thereof
4. legal requirements in that country for execution ofthe will.
NOTE: the doctrine of processual presumptionapplies in reprobate.
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EFFECTS OF REPROBATE
There are 3 effects pursuant to Rule 77 1. the will is treated as originally probated in
the Phils.
2. letters testamentary or administration witha will annexed will cover the estate in the
Phils.
3. after liquidation, residue of estate found inthe Phils. disposed of in accordance with
law.
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EXECUTORS/ADMINISTRATOR
S; APPOINTMENT
DISQUALIFICATIONS:
1. Minor;
2. non-resident of the Phils.; 3. those who in the opinion of the court are
unfit to execute the duties of the trust due to
drunkenness, improvidence, lack ofunderstanding or integrity, or having been
convicted of an offense involving moral
turpitude.
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ADMINISTRATOR
Appointment of administrator is made when: 1. decedent died without a will
2. the executor has been disqualified for being incompetent,
or refuse the trust, or fails to give a bond.
Rule: The surviving spouse, next of kin or their nominee arepreferred for purposes of letters administration in their
successive order, provided they apply (note: 30 days rule). In
default of such application, any creditor or even strangers
may be appointed by the court.
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OPPOSITION TO LETTERS
TESTAMENTARY OR ADMIN.
RULE:
Any person interested in a will may file his
opposition on any valid grounds. A full
dressed hearing shall be made for purposes
of issuance of letters testamentary or
administration. In the opposition to letters
testamentary, interested person maysimultaneously apply for letters
administration.
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POWERS OF EX. OR ADM.
General Powers:
1.Administrationas to assets of the estate, i.e.Inventory, accounting, possession and repairs ofthe properties, invest, mortgage, dispose.
2. Liquidationpayment of all debts within theperiod allowed; and
3. Distributionas to the residue of the estateto whoever is entitled thereto.
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PROHIBITION/RESTRICTION ON THE
POWERS OF EXE. OR ADM.
The rule is that any disposition of assets of theestate w/o court approval is VOID.
1. cannot acquire even by intermediaries, even by
public sale, property under adm. 2. cannot borrow money w/o court approval.
3. cannot lease prop. exceeding 1 yr.
4. cannot continue business of deceased withoutcourt authority.
5. cannot profit by the increase or decrease of
property under adm.
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SPECIAL ADMINISTRATOR
(R80) Rule: Sp. Administrator is denied the power toliquidate, except when he acts as general
administrator where the executor presented aclaim vs. the estate. His appointment is not
subject to appeal but by certiorari under R65(s.1).
He is appointed where:
1. there is delay in the appointment of ex. oradm., including appeal from such appointment
2. the executor or adm. has a claim vs. the estate.
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GROUNDS FOR REMOVAL OF
EX. OR ADM.
1. failure to render accounts (w/in 1yr from
appointment or as may be required by the court);
2. neglect to settle the estate under the rules;
3. neglect to comply order or judgment or dutyimposed by the rules;
4. when he absconds;
5. insanity; 6. incapability;
7. unsuitability to discharge the trust.
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CLAIMS AGAINST THE
ESTATE All claims against the estate must be filed within the
period fixed in the notice issued by the court, whichshall not be more than 12 mos. nor less than 6 mos.
AFTER THE DATE OF FIRST PUBLICATION.This is the Statute of Non- Claims; otherwise, suchclaim is barred forever, SUBJECT to the followingEXCEPTIONS:
1. Belated claimsfiled w/in 1 mo. from the orderallowing it.
2. As counterclaim in action filed by ex. or admfor:.
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CLAIMS VS. ESTATE
1. money claims, arising from contract, express or implied(whether due, not due, or contingent);
2. claims for funeral expenses;
3. expenses for last sickness of the decedent;
4. money judgment against the decedent.
However, a claim not barred by statute of non claims maynevertheless be barred by prescription.
Note also that the claims under this rule does not cover
those claims which survives the death of the decedent (realactions, those involving rights, interests, possession orownership of real property).
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CLAIMS VS. ESTATE/RULES IN
PAYMENT OF DEBTS
Where the exe. or adm. files a claim, he should givenotice in writing to the court.
If estate is sufficient, all debts paid within the period
provided for such purpose; If will provides spec. property to pay debts payment
according to the provisions of the will;
Property stipulated to pay insuff. or no stipulation is
made, debt paid by personal prop. not disposed of andreal prop. not disposed of.
If heirs, devisees, legatees entered possession of theestate before liquidation, they will pay the debts based
on their contributive shares.
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PAYMENT OF DEBTS
RULE WHERE ESTATE IS INSUFFUCIENT 1. The provisions of the Civil Code on preference of
credits apply.
2. Creditors can run against persons holding
property of the deceased he fraudulently conveyedduring his lifetime where ex. or adm. refuse to fileaction, by seeking leave of leave of court to filesuch action with a bond. The action shall be in the
name of the exe. or adm. However, if the actionitself is vs. exe. or adm. leave of court and bond notrequired.
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ACTIONS THAT MAY BE BROUGHT
DIRECTLY VS. EXE. OR ADMIN.
1. Recovery of real or personal property or anyinterest therein from the estate:
2. Enforcement of a lien thereon; or
3. Action to recover damages from any injury to aperson or property, real or personal.
Therefore, actions personal to them not allowed.
If the action is to recover property fraudulently
conveyed by the deceased, there must be motionpresented and an order to appear for examination beissued by the court against the transferee of the
property.
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DISTRIBUTION
The process of delivering the residue of theestate to all those declared entitled to receive inaccordance with the provisions of the will.
Project of Partition-agreement executed by theheirs which could be the basis of distribution ofthe estate.
If the estate has been adjudicatedpro indivisoheirscan avail of partition under Rule 69.
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REMEDY IN CASE WHERE AN HEIRHAVE NOT RECEIVED HIS SHARE
1. REOPENING OF PROCEEDINGS beforefinality of closure order of the proc. if he was excluded(not a party) in the proceedings ;
2.MOTION TO DELIVER HIS SHARE
if notexcluded but failed to receive his share;
3. REOPENINGif proceedings already closed withinthe prescriptive period (10 years).
4. ACTION FOR RECISSION/ANNULMENTOF JUDICIAL PARTITIONon the ground of lesion(he received value less by at least of what he isentitled( Art. 1098 NCC); action prescribes in 4 years
from date of partition (Art. 1100 NCC);
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REMEDY CONTINUED
5. REINVINDICATORY ACTION AGAINSTCO-HEIRS BASED ON CONSTRUCTIVE OR
IMPLIED TRUST DUE TO FRAUD (prescribes
in 10 years; Lagujum v. Viola), or within 4 yearsfrom discovery of fraudif the heir adversely held theproperty such as obtaining a title and if title isregistered from date of registration (Gerona v. De
Guzman). IF NO ADVERSE POSSESSION,ACTION IS IMPRESCRIPTIBLE (Villamor vs.CA).
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WRIT OF EXECUTION; WHEN ISSUED BY
SETTLEMENT COURT
1. to enforce the contribution of distributive shares vs.heirs, devisees, legatees who held the property of the estatebefore payment of debts;
2. to enforce payment of expenses of partition vs. party notpaying the sum assessed; and
3. satisfy the costsas to persons cited for examination inprobate proceedings.
(THE GENERAL RULE IS THAT CONTEMPT ISTHE GENERAL REMEDY AVAILABLE EXCEPT
IN THE ABOVE 3 INSTANCES)
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Escheated Property Where
Allocated/ Remedies
To the local Govtunit where the real propertyis located; personal property LGU wheredeceased last resided unless he is non-resident,
for the benefit of public schools, charitable inst.or centers.
Within 5 years, a claim may be filed in the same
court by persons entitled to the estate (recoveryof property or the proceeds thereof if sold, lesscost of administration).
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GUARDIANSHIP(AM 03-02-05, as to minors)
KINDS OF GUARDIANS: 1. Legal; 2. Judicial; or 3. Guardian ad litem
It may either be general or over the ward or property
only.
JURISDICTION
1. If minor, Family Court(RA 8369)
2. Not minor-governed by Rules 92-97 (incompetents
under R92, s.2), RTC 3. Guardian ad litem, where the case is pending.
VENUEwhere minor or incompetent resides.
BONDrequired
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Rule on Publication or Notice
in Guardianship Proceedings
Unlike in other spec. proc. only personal notice isrequired in guardianship proc. to persons named inthe petition who are residents in the Phils. and the
incompetent himself who may be required to appearin court if he is 14 years or over. However, if theincompetent is non-resident, publication is required.
Guardianship may also be ancillary that is onegranted in another country after an originalguardianship has been granted.
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GUARDIANSHIP OVER MINORS
WHO CAN FILE PETITION:
1. A relative; 2. Other person in behalf of the minor; 3.Minor himself, if 14 years or over; 4. DSWD (abandonedchild) or DOH, if insane needing hospitalization
GROUNDS: 1. Death, continued absence or incapacity of parents;
2. Suspension or deprivation of parental authority;
3. Remarriage of surviving parent found unsuitable toexercise parental authority.
4. When best interest of the minor requires it.
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PERSONS WHO MAY BE APPOINTEDGUARDIAN OF MINOR
(in default of their parents in the ff. order )
1. grandparent (if several), court decides for thebest interest of the child;
2. Oldest brother or sister over 21, unless unfitor disqualified;
3. Actual custodian, over 21, unless unfit ordisq.;
4. Any person as may determined by the courtbest interest of the child rule.
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POWERS OF GUARDIAN 1. care and custody of the ward, and management of his
estate [frugally), or the latter only, and apply the proceeds to
the maintenance of the ward;
2. pay debts of the ward;
3. collect debts owing the ward and appear in actions for the
ward;
4. render verified inventory of the assets w/in 3 mos. from
appointment, and upon application of interested persons;
5. render an accounting of property after a year from
appointment and as may be required thereafter.
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CONDITIONS OF BOND
1. to make return of true and completeinventory of assets w/in 3 mos. known to himor possessed by him or other person;
2. faithfully execute the duties of his trust; 3. render true and just acct. of all the asset of the
ward, and all proceeds or interest therefrom;
4. settle his account after termination ofguardianship, and deliver the assets in his handsto person entitled thereto.
5. those that may be ordered by the court.
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TERMINATION OF GUARDIANSHIP
Guardianship may be terminated:
1. motu proprio by the court; or
2. upon verified motion by those allowed to petition for
guardianship - a) if the ward has come of age;
b) death of ward;
c) marriage or voluntary emancipation of ward(conditional);
d) when ward regains competency.
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IMPORTANT RULE
A GUARDIANSHIP COURT IS NOT IMPOWERED TODETERMINE CLAIMS AGAINST THE WARD. ANY
ACTION FOR SUCH PURPOSE MUST BE INITIATEDIN A SEPARATE ACTION (WITH THE GUARDIANIMPLEADED THEREON). JUDGMENT VS. THE
WARD THEREAFTER RENDERED CAN BEPRESENTED TO THE GUARDIAN FORSETTLEMENT. SO ALSO, QUESTIONS AS TOOWNERSHIP OF PROPERTY UNDER
ADMINISTRATION BY THE GUARDIAN MUST BETHRESHED OUT IN A SEPARATE ACTION, THEGUARDIANSHIP PROCEEDINGS BEING SOLELYFOR THE CARE AND CUSTODY AND PROPER
ADMINISTRATION OF THEWARDSPROPERTY.
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TRUSTEE (R98)
JURISDICTIONRTC VENUE : Jud. Trustwhere will allowed or where property affected is located. BONDrequired Trustee not obligated to pay the debts of the trustor or beneficiary.
The trustee holds legal title over the prop. Beneficiary, holds equitable title. In CONSTRUCTIVE TRUST, there is neither a promise nor fiduciary relation
to speak of and the so-called trustee neither accepts any trust nor intends holdingthe property for the beneficiary. The relation of trustee and cestui que trustdoesnot in fact exist, and the holding of a constructive trust is for the trustee himself,and therefore, at all times adverse. Prescription may supervene even if the trustee
does not repudiate the relationship [mercado v. espinocilla].
CONDITIONS OF BOND
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CONDITIONS OF BOND
(TRUSTEE 1. to make a return containing true inventory
of the estate;
2. to manage and dispose of the estate, andfaithfully discharge his trust according to law
or will of the testator;
3. to render under oath, once a year trueaccount of the property held in trust, and such
other accounts as ordered by the court; and
4. settle his acct. upon termination of trust.
/
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RESIGNATION/REMOVAL OF
TRUSTEE
If trustee resigns, it can be allowed if it appears tothe court that it is proper. In case of removal, apetition must be filed by parties with beneficial
interest in the trust, with notice to the trustee andwith hearing.
His removal may either on any of the ff:
1. essential to the interest of petitioner; 2. insanity;
3. Incapability to discharge the trust;
4. unsuitability.
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ADOPTION- Rule 99-100(Superseded byAM 02-6-02 Effective 8/22/02])
Adoption is now governed by RA 8552 (DomesticAdoption) and RA 8043(Inter-Country Adoption)
Jurisdiction/Venue DA, Family Court where adopter
resides; ICA ICAB or FC where adoptee resides, whichwill turn over the petition to ICAB.
In ICA, only child declared legally available for adoptioncan be adopted. No publication required. DA, non-minors
may be adopted; publication required.
Standard requiredbest interest of the minor rule
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CONSOLIDATION OF PETITIONS
RULE
Under the present law (DAA) three petitions canbe consolidated: ADOPTION, CHANGE OFNAME (Rule 103) AND CANCELLATION
OR CORRECTION OF ENTRIES (Rule 108),provided that all the jurisdictional requirementsimposed are complied with (ADM. M. 02-6-02-SC EFFECTIVE AUG. 22, 2002). Note: the
Local Civil Registrar must be impleaded forpurposes of Change of Name and Cancellationand Correction of Entries.
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RULES ON CUSTODY OF MINORS AND
WRIT OF HABEAS CORPUS IN
RELATION TO CUSPODY OF MINORS Under AM No. 03-04-04 judgment (effective May 15,
2003): a petition for custody of Minors shall begoverned by the following rules:
5 days to file answer; Default applicable; Pre-Trial and Pre-Trial Brief mandatory; Provisional Order Awarding Custody can be issued;
Judgment immediately executory. No appeal allowedunless MR or NT Motion preceded the appeal. 15 days to perfect and appeal.
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CHANGE OF NAME
Rule 103Judicial; RA 9048Administrative RA 9048 covers first name, nickname or clerical or typographical
errors only 103substantial Both have similar grounds for availment HOWEVER, Republic v. Hon. Hernadez laid down the ff. grds. for
103: 1] name is ridiculous, dishonorable or extremely difficult to writeor pronounce; 2] change results as a legal consequence of legitimationor adoption; 3] change will avoid confusion; 4] name has beencontinuously and one has been known since childhood by a Filipino
name and is unaware of alien parentage; 5] change is based on sinceredesire to adopt Filipino name to erase signs of former alienage, all ingood faith and without prejudice to anybody; 6] surname causesembarrassment and the desired change not for fraudulent purpose and
w/o causing prejudice to the public.
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PRIMARY JURISDICTION RULE
RA 9048 now governs change of first name. Itvests the power and authority to entertainpetitions to city or municipal local civil registrars
or consul general. The intent of the law is toexclude from the coverage of Rules 103 and 108change of first name, until and unless an
administrative petition for change of name isfirst filed and denied (SILVERIO VS.REPUBLIC).
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ABSENTEE
Only for purposes of administration over theproperties of the absentee.
NOTE: absentee proceedings may involveappointment of TRUSTEE [S4, R107]
EFFECT OF DEATH OF ABSENTEE
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cancellation/correction of entries
NOTE:
Republic v. Valencia
Lee v. CA
Republic v. Kho
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HABEAS CORPUS
2 subjects:
A. Any form of illegal restraints/detention;
B. Determination of rightful custody in
relation to AM 03-04-04 NOTE:
1. Preliminary citation;
2. Peremptory writ; 3. Discharge or disallowance or writ
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AMPARO/HABEAS DATA
NOTE:
AMPARO involve violation or threat ofviolation of the right to life, liberty or security,
and covers extralegal killings and enforceddisappearances.
H. DATA involve violation or threat ofviolation of the RIGHT to PRIVACY in life,liberty or securityin both, appeal is 5 days directto SC.
H.DATASC, CA, SB has jurisdiction only if
when action concernspublic data.
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Controlling Jurisprudence
The writ of habeas data provides a judicial remedyto protect a personsright to control informationregarding oneself, particularly in instances where
such information is being collected throughunlawful means in order to achieve unlawful ends.There is no determination of administrative,
civil or criminal liability in amparo andhabeas data proceedings [Rodriguez vs. Macapagal-Arroyo].
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AMPARO/H.DATA
The writ of amparo, particularly, should not issue whenapplied for as substitute for the appeal or certiorariprocess, or when it will inordinately interfere with theseprocesses. The writ will not also be issued to protect
concerns that are purely property or commercial.Neither is it a writ that we shall issue on amorphous anduncertain grounds. Consequently, the Rule on the Writ of
Amparoin line with the extraordinary character of thewrit and the reasonable certainty that its issuance
demandsrequires that every petition for the issuance ofthe writ must be supported by justifying allegations offact. [Tapuz vs. Del Rosario, 554 SCRA 768(2008)]. Itcannot be based on speculations.
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AMPARO/H.DATA
The writs of amparo and habeas data will NOTissue toprotect purely property or commercialconcerns nor when the grounds invoked in
support of the petitions therefor are vague ordoubtful - employmentconstitutes a property rightunder the context of the due process clause of the
Constitution [Manila Electric Company vs. Lim,632 SCRA 195(2010)]
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SPECIAL PROCEEDINGSMCQS
e ru e s t at t e estate s a not e
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distributed prior to the payment of all
charges to estate. What will justify
advance distribution as an exception?
a. The specific property sought to be distributed
might suffer in value.b. The creditors and distributees agree to the
advance distribution.
c. When the majority of the charges against theestate have been paid.
d. The estate has sufficient residual assets and the
distributees file sufficient bond.
Barry was appointed as the administrator of
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Barry was appointed as the administrator of
the estate of Billy. The heirs of Billy sought
the removal of Barry due to his alleged
adverse interest to that of the estate. The court
subsequently issued an order of removal.
What is the remedy of Barry?
a. Petition for certiorari under Rule 65
b. Petition for review on certiorari
c. Appeald. Motion for reconsideration
Wh h f ll i h
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Who among the following has no
standing to file a petition for writ of
habeas data?
a. The second cousin of the aggrieved party
b. The mother-in-law of the aggrieved partyc. The grandparents of the aggrieved party
d. The spouse of the aggrieved party
M j i t d d i i t t f th
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Mojo was appointed administrator of the
estate of Jojo. The heirs of Jojo entered into a
project of partition and pursuant thereto, Mojowas obligated to deliver the distributive shares
of the said heirs. However, Mojo failed to do
the same. What is the remedy of the heirs?
a. Move for execution under Rule 39b. Move for the revocation of the project of partitionc. File an action for contempt under Rule 71 on the
ground of disobedience to a lawful order of the courtd. Move for the removal of the appointed administrator
Badong filed a petition for writ of amparo against
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Badong filed a petition for writ of amparo against
Badang in relation to his daughter Bedings
involuntary disappearance. Badong alleged that
Badang was Bedings employer, who, days beforeBeding disappeared, threatened to get rid of her at
all costs. On that she took steps to ascertain
Bedings whereabouts. What is the quantum of
evidence required to establish the parties
respective claims?
a. Substantial evidence for Badong; preponderance of evidence
for Badangb. Clear and convincing for bothc. Substantial evidence for both
d. Preponderance of evidence for Badong; clear and convincingevidence for Badang
The following are not duties of a
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g
guardian condition upon his bond,
except:
a. Teach the ward to become a responsible
member of society.b. Provide for the proper care, custody, and education of
the ward.
c. Ensure the wise and profitable investment ofthe wards money.
d. Collect compensation for his services.
Whi h i h d f
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Which court issues the decree of
adoption in inter-country adoption?
a. The RTC where the adoptee resides
b. The foreign court of the country of the prospectiveadoptive parents
c. The RTC where the properties of the adoptee
are locatedd. The RTC where the adopter resides
M was appointed as administrator of the estate of Y
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M was appointed as administrator of the estate of Y.
During the prescribed period of filing claims against
the estate, Z filed his claim. Despite the objections of
the heirs of Y, M did not contest the claim. What isthe remedy of the heirs?
a. There is no other remedy, only M as the
administrator can object to the claim of Z.
b. They should move for the removal of Mbefore they can submit their own contest.
c. They can force M to file a contest.
d. They should submit their own contest to the claim of Z.
Matin filed a petition for appointment as regular
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administrator of his fathers estate. Tinmar, his sister,
moved for dismissal of said petition contending that
the parties, who are members, of the same family,have not exerted earnest effort toward a compromise
prior to the filing of the petition. Should the motion
be granted.
a. No, an earnest effort toward a compromise is not required.
b. Yes, such earnest effort toward a compromise is requiredbefore filing any case relating to family matters.
c. No, such earnest effort toward a compromise is not requiredin special proceedings.
d. Yes, the ground relied upon is jurisdictional.
The personal estate of Agaton was
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The personal estate of Agaton was
declared escheated on May 24, 2012.
To whom will these personalproperties be assigned?
a. The city or municipality where the properties of X are
located
b. The city or municipality as the judge may choose asrecommended by the Solicitor General
c. The city or municipality where X last residedd. The city or municipality of the known heirs of X
May be subject to Inter Country
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May be subject to Inter-Country
Adoption?
a. Any Filipino citizen and of legal age
b. Any Filipino citizen, whether a minor or of
legal agec. Only a Filipino citizen and a minor
d. Only a Filipino citizen who must be a minor
and a legally-free child
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Tope is a creditor Timon. Tio filed a
guardianship proceedings for the
person and property of Timon. What
is the remedy of Tope to enforce his
money claim against Timon?
a. File a claim before the guardianship court.
b. File an ordinary case against the ward in a court of generaljurisdiction.
c. File a counterclaim in the guardianship proceeding.
d. File an ordinary case against the guardian in a court of generaljurisdiction.
Which of the following claims
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Which of the following claims
survive the death of the decedent and
need not to presented as a claimagainst the estate?
a. Claims for damages arising from quasi-delictb. Funeral expenses
c. Contingent money claims arising from a contract
d.
Unenforced money judgment against the decedent,with death occurring before levy on execution of theproperty
Blossom died intestate and Bubbles was
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appointed as administrator. Thereafter, a
will was discovered in Blossomsbelongings. Which of the following is not
correct?
a. Testate proceedings take precedence over intestateproceedings.
b. It will be revoked once the new will has been
admitted to probate.c. The letters of administration shall be revoked
automatically.
d. The will must be probated first.
In escheat proceedings, how many years
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p g y y
is the prescriptive period within which
the heirs of the subject property may file
their respective claims?
a. 5 years from the delivery of the property to themunicipality
b. 5 years from the delivery of the order of escheat tothe heir
c. 5 years from the entry of order or decision of escheatd. 3 years from the receipt of the order of escheat by the
heirs
In th it f p int i li f
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In the writ of amparo, interim relief are
available to the parties. Which of the four
interim reliefs is available not only to thepetitioner but also to the respondent?
a. Temporary Restraining Order
b. Witness Protection Order
c. Production Orderd. Permanent Protection Order
How should a criminal action and a
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petition for writ of amparo, both
arising the same facts, be treated?a. The action filed later shall be dismissed.
b. The petition for the writ of amparo shall take
precedence and the criminal action filedthereafter shall suspended.
c. An amparo petition is criminal in nature.
d. When the criminal action is filed after theamparo petition, the latter shall beconsolidated with the first.
A writ of habeas corpus was issued by the
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p y
RTC of Manila against GA. During the trial, it
was proven that there was indeed unlawful
detention. JC, the person unlawfully detainednow asks for damages before the same court.
Is the action for damages valid?
a. No, because there can be no damages claimed in habeascorpus cases.
b. Yes, because it is within the jurisdiction of the court whichissued the writ.
c. No, because the court issuing the writ is a court of limitedjurisdiction.
d. Yes, because the court issuing the writ is the proper court todetermine the issue on recovery of damages.
Mario, a 10-year old minor was adopted by the
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, y p y
spouses Luigi and Maria. For repeated
physical abuse and attempts on his life, Mario
decided to have decree of adoption rescinded.
Where should he file his petition for rescind
the decree of adoption?
a. The same court which issued the decree of adoption.
b. The court where the adopter resides.
c. The court where the properties of the adoptee arelocated.
d. The court where the adoptee resides.
Arnel filed a petition for a writ of amparo but
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p p
was denied relief. She now question the denial
of the petition for review on certiorari under
Rule 45 before the Supreme Court claiming
that the lower court failed to appreciate the
facts of her case. Which of the following
statement is correct?a. The supreme court cannot take cognizance of the appeal as
Rule 45 is limited to questions of law.
b. The proper remedy is to file petition for certiorari before the
Supreme Court under Rule 65.c. There is no appeal allowed under the Rule on the writ of
Amparo.
d. All of the above.
After filing the petition for the settlement of the estate of
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g p
his parents, Hughes also filed an action for reconveyance
of title to a parcel of land against his brother Godfrey.
According to Hughes, Godfrey forged the signature oftheir late parents to make it appear that they sold the
land to his when in fact they did not, thus prejudice
Hughes legitime. Godfrey moved to dismiss the action
on the ground that the dispute must be resolved in theestate proceedings. Should the motion be granted?
a. Yes, questions of collation should be resolved in thesettlement proceedings, not in a separate civil case.
b. Yes, otherwise there shall be a waste of time and clogging ofcourt dockets.
c. No, the court in estate proceedings cannot decide the issue ofownership of title.
d. No, the filing of the separate action is proper, but the estateproceeding must be suspended meantime.
Makabayan was appointed as the administrator of
J li t t A id f hi ti i th
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Julians estate. Aside from his properties in the
Philippines, Julian has a number of real properties
located in the United States. Makabayan wishes toexercise his powers of administrator over the
properties in the US. Can makabayan exercise such
powers?
a. No, Makabayan is a Filipino and can only exercise suchpowers in the Philippines.
b. No, beacause an administrator can only exercise his powersover the assets of a decedent found within the state or country
where the letters of administration were granted.
c. No, because the administrator can exercise his powers overproperties only.
d. No, because the administrator can only exercise his powers ofreal properties of the deedent.
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In a habeas data processing, Mando, the
respondent, wished to clarify some facts
alleged in the petition on the ground that the
same are vague. Which of the ff. is not correct?
a. He must file a motion to dismissb. He must file a motion for bill of particulars.
c. Only a.
d. Both a and b.
X was born in Manila. In 2008, he
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migrated to Cebu City and decided to
reside therein permanently. He wanted to
correct some clerical errors in his birth
certificate. Where should X file his
petition.
a. Clerk of the Sharia district court
b. Registrar General
c. Petition-receiving civil registrar
d. Consul General
Tanting file a petition for the writ ofh b i h h b d
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habeas corpus against her husband
Toning in order to have custody of their
minor daughter Teling. Tanting,however, failed to personally appear at
the pre-trial. Which of the ff. is correct?
a. The case shall be dismissed, unless his counsel or a dulyauthorized representative appears in court and proves a validexcuse for the non-appearance.
b. The case shall not be dismissed since the best interest of the child
is at stake.c. The case shall be dismissed for lack of interest of the petitioner.d. The case shall not be dismissed but the respondent may present
his evidence ex-parte provided he files an answer.
Mabantot Ramirez is frequently insulted by
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Mabantot Ramirez is frequently insulted by
his classmate because of his first name. Tired
of the humiliation he always experience, hedecided to approach Atty. Juan to get the
latters advice. If you are Atty. Juan, what legal
advice can you give to Mr. Ramirez?
a. File a petition with the RTC
b. File a petition under Rule 108
c. File a petition with the city civil registrar
d. None of the above
Atari borrowed money from Aris in 1998 as
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evidenced by a contract of loan. Atari died in
2009. In the settlement of Ataris estate, the
court ordered that all claims against the estatemust be filed from May 2009 to November
2009. Aris filed his claim on June 2009. can
Aris recover from the estate?a. Yes the claim was filed well within the statute of non-claims.
b. No, because money claims should be against the administrator.
c. No, because the period to collect has already prescribed.
d. Yes, money claims should be recovered against the estate andwithin the statute of non-claims.
MCQ
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MCQ
O J 1 2010 M A di d f l l i h
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On June 1, 2010, Mr. A died after a long struggle with cancer.He was born in 1923, in Cebu City. He moved to Manila whenhe was 20 years old. By the time he was 50 years old, he had
become a wealthy man, and had houses in Manila, Cebu, Davao,and Caticlan. He retired in 2000 in Davao. He would often visithis other spouses. When he died, he was childless, and had noother living relative, all of whom had predeceased him. Thegovernment is seeking to file a petition for escheat. Where
should it be filed, assuming he is a citizen and resident.a. His residence at the time of his death.
b. Any of the places where his properties are located.
c. Any of the places where he resides.
d. The place where he last resided.
"A" wants to file a petition for guardianship
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"A"wants to file a petition for guardianshipover "B" who is an incompetent. He lives in
Davao, but his guardian lives in GeneralSantos. B is the legal owner of properties inCebu and Tacloban. Where should it be filed?
a. His residenceb. The residence of the guardian.
c. The place where any of his properties is
located.d. Anywhere in the Philippines.
Helen was born in Muntinlupa City. Upon
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p y p
reaching the majority age, she decided that shenow wants to change her first name fromHelen to "Helena", which is the name she hasbeen using since birth and in school. Whereshould Helen, a resident of Makati, file her
petition?
a. RTC-QC
b. RTC-Muntinlupa City
c. LCR-QC
d. LCR-Muntinlupa City.[doctrine of primaryjurisdiction].
Juan, a resident of Bulacan, died on Jan. 1, 2011 in Manila. On Feb. 1,
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J , , J , ,2011, his will was delivered by Simeon, the custodian, to the clerk ofcourt of RTC-Bulacan. On Feb. 4, 2011, Mario instituted inestateproceedings over Juans estate with RTC-Manila. On Feb. 5, 2011,
Romeo filed a petition for probate of Juans will with RTC-Bulacan.Mario moved to dismiss the petition in RTC-Bulacan since he filed apetition earlier in RTC-Manila. Which court should settle the estate andwhy?
a. RTC-Manila. The petition filed by Mario was ahead of Romeos
petition.
b. RTC-Bulacan. Mario already submitted to the jurisdiction of the courtwhen he filed a motion to dismiss the petition.
c. ETC-Manila. Juan died in Manila.
d.
RTC-Bulacan. Jurisdiction of RTC-Bulacan already vested upon thedelivery of the will of Simeon.
Which of the ff is NOT a special proceeding?
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Which of the ff. is NOT a special proceeding?
a. A petition for recognition and enforcement of
a foreign arbitral award under the Special ADRRules.
b. A petition for the issuance of a Writ of
Habeas Corpusc. A petition for the Issuance of a writ of
Kalikasan
d. A petition for declaration of nullity ofmarriage.
Which of the ff is appealable?
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Which of the ff. is appealable?
a. An order directing administrator to take action
to recover amount due to estateb. An order granting the petition for Writ of
Habeas Corpus
c. An order directing the inclusion of items inthe inventory
d. An order appointing a special administrator
Does a plaintiff in a case for damages arising from quasi-delict
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Does a plaintiff in a case for damages arising from quasi delictagainst defendant who died during the pendency of said case,have the right to intervene in the special proceedings for the
settlement of the estate of said deceased defendant?a. Yes, because such plaintiff is a "person interested in the estate"
b. Yes, because such plaintiff is like a creator with money claim whois allowed to take part in the estate proceedings by filing a notice
of claim.c. No, because he fails to meet the requirements in that the interest
is merely contingent or inchoate.
d. No, because he has to wait until after he has secured a favorable
judgment at which time he can file a notice of claim in the estateproceedings
Which of the ff CANNOT be ventilated in the
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Which of the ff. CANNOT be ventilated in theprobate court or in a special proceeding instituted forthe purpose but should be adjudicated in an ordinarycivil action:
a. Determination of who the heirs are
b. Resolving the filiation of illegitimate children of the
deceased.
c. Adjudication of claims for damages arising from tortcommitted by the deceased while alive
d. Recovery of ownership and possession of estateproperty
An absentee, aged 50 years at time of his disappearance, shall
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, g y pp ,
not be presumed dead for the purpose of opening hissuccession till after lapse of:
a. Five years if he disappeared after the age of seventy-five years.
b. Ten years.
c. Five years if he has been in danger of death under certaincircumstances ad his existence has not been known.
d. Two years, if he has been in danger of death under certaincircumstances ad his existence has not been known.
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Which of these is NOT a judgment in rem?
a. Probate will
b. Annulment of marriage
c. Adoption
d. Judgment in ejectment cases
On January 24, 2010 Sandra Mison was reportedbd d i S M M il b id ifi d
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abducted in Sta. Mesa, Manila by unidentified men.Knowing that she was involved with human rights
group, her mother immediately filed a petition for Writ ofAmproin the RTC of Manila on suspicion that theabductors are members of the military intelligenceknown as ISAFP who were always casing their residencein Diliman, Quezon City. The petition shall be:
a) Dismissed for being an improper remedy; b) Dismissed for being speculative, the ground relied
upon being based on mere suspicion; c) Granted and the writ issued requiring ISAFP to
file a return; d) Dismissed, the proper remedy being Writ of
Habeas Corpus.
In his desire to rid Pasay City of beggars, drug dependents and vagrants theCit M d d th d d d b ht t th it dit i
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City Mayor ordered them rounded up and brought to the city auditoriumwhere they were feed, clothed and lectured about their problems. They werealso asked whether they wish to stay in the citys welfare home, the BahayKanlungan, to take up formal education to which they all agreed. One year
later, the parents of Jose and Samson, both minors, who were doing good atthe Bahay Kanlungan surfaced and filed a petition for habeas corpusfortheir release claiming that they were illegally detained thereat. Which of thefollowing is correct?
a) The petition is proper, Jose and Samson being minors whose custody
must be exercised by their parents;
b) The petition should be dismissed there being no illegal detention and theact of the city mayor was an exercise of police power;
c) The petition should be dismissed, one year had elapsed therefore the rightof action has prescribed;
d) The petition should be denied, the custody taken by the city governmentis to secure the safety and welfare of the children whose parents has grosslyneglected their children.
Renato was absent for two years and his whereaboutsunknown His wife Rosa and three children failed to locate
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unknown. His wife, Rosa, and three children failed to locatehim despite efforts exerted for six months. In the meantime,the businesses he left continue to suffer losses in the handsof his wife who, out of sadness and anger started to attendparties and dating any man who caught her eyes. If you areamong the creditors of Renato, what appropriate action
would you take?
File a petition for declaration of absence of Renato in theRTC; File a petition for guardianship over the property of
Renato;
File a petition for receivership over the property of Renato; File a petition for absence of Renato with appointment of
trustee in the RTC.
Jake was born with Filipino parents. His birth
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J p pcertificate, however, show that his nationality wasChinese, although his three brothers are allregistered as Filipinos. Which of the followingproceedings would allow correction of hisnationality from Chinese to Filipino?
Petition for correction of entries under Rule 108;Administrative proceedings for correction of his
birth certificate under the clerical or typographicalerror law (RA 9048);
Naturalization proceedings;
Petition for amendment of birth certificate.
Marissa, a widow, and her two (2) children, both girls, aged 9 and 12years old reside in Olongapo City To survive she worked as
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years old, reside in Olongapo City. To survive, she worked asprostitute in a brothel at night, leaving her children alone at night.Realizing the danger to life and morals of her granddaughters,
Fernando, filed a petition for habeas corpusin the Family Court ofOlongapo city, who after summary hearing issued the writ. However,prior to the issuance of the writ, Marissa brought her children toSamar. Which of the following is correct? The writ cannot be enforced because the petition was filed by the grandfather
who has no legal personality; The writ can be enforced because being a grandfather he has the legal standing
to protect the life and morals of his grandchildren;
The writ was improperly issued because as a mother, Marissa is vested by lawwith the right to custody to the exclusion of Fernando, the nature of her being
immaterial as it was for their survival; The writ issued by the Family Court of Olongapo city cannot be enforced in
Samar as it is only enforceable within the judicial region of such court.
Ariel filed a petition for declaration of nullity of marriage againstMarian under Article 36 of the Family Code, claiming that
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Marian under Article 36 of the Family Code, claiming thatMarians continued dating with several men while they aremarried remain unstoppable and may bring children to theirmarriage sired by unknown men. This clearly manifest that
Marian is suffering from serious and incurable psychologicalincapacity. Since they have three (3) minor children. Ariellikewise prayed that custodypendent liteand permanent custodybe granted to him. Which of the following is correct?
The matter of custody is a special proceeding which must be
initiated separately. The issue of custody of children is deemed automatically
submitted in a petition for declaration of nullity of marriage underthe Family Cod.
The prayer of such provisional and permanent custody is notgoverned by the rules of special proceedings but by ordinary civil
actio. Unless otherwise disqualified to take custody, the prayer of Ariel
for custody whether provisional or permanent is subordinatedwith the right of Marian and therefore it must await the outcomeof the petition