Dean Gemy Lito L. Festin

DEAN GEMY LITO L. FESTIN

1.DEFINE SPECIAL PROCEEDING.

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It is an application to establish the status or right of a party or a particular fact or any remedy other than an ordinary suit in a court of justice.

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2. DISTINGUISH CIVIL ACTION FROM SPECIAL PROCEEDING.

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1. A special proceeding under the same rule provides that it is a remedy by which a party seeks to establish a status, a right or a particular fact.

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3. IS A PETITION FOR DECLARATION OF PRESUMPTIVE DEATH A SPECIAL PROCEEDING?

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A petition for declaration of presumptive death is not included in the enumerations falling as a subject matter of a special proceeding under Section 1 Rule72.

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4. ARE THE RULES IN CIVIL ACTIONS APPLICABLE IN SPECIAL PROCEEDINGS?

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Yes, in the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings. (Section 2, Rule 72 of the Rules of Court)

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5. ALAN JOSEPH A. SHEKER v. ESTATE OF ALICE O. SHEKER, VICTORIA S. MEDINA

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DOCTRINE: Provisions of the Rules of Court requiring a certification of non-forum shopping for complaints and initiatory pleadings, a written explanation for non-personal service and filing, and the payment of filing fees for money claims against an estate would not in any way obstruct probate proceedings, thus, they are applicable to special proceedings such as the settlement of the estate of a deceased person as in the present case.

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1. WHICH COURT HAS JURISDICTION OVER PROBATE PROCEEDING?

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Pursuant to R.A. 7691, the question as to which court shall exercise jurisdiction over probate proceedings depends upon the gross value of the estate of the decedent.

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2. WHERE IS VENUE IN THE SETTLEMENT OF ESTATE PROCEEDING?

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The residence of the decedent at the time of his death is determinative of the venue of the proceeding.

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3. WHAT IS THE NATURE OF THE PROCEEDINGS OF SETTLEMENT OF THE ESTATE?

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The settlement of a decedent’s estate is a proceeding in rem which is binding against the whole world. All persons having interest in the subject matter involved, whether they were notified or not, are equally bound. (Philippine Savings Bank v. Lantin, 124 SCRA 483)

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1. IF A PERSON HAD NO KNOWLEDGE OR HAD NOT PARTICIPATED IN THE EXTRAJUDICIAL SETTLEMENT, IS HE BOUND THEREBY BY REASON OF CONSTRUCTIVE NOTICE OF PUBLICATION? /cmm2016

No. Publication in this case does not constitute constructive notice. Extrajudicial Settlement of Estates under Section 1 of Rule 74 is an ex parte proceeding, and the rule plainly states that persons who do not participate or had no notice of an extrajudicial settlement will not be bound thereby, and contemplates a notice that has been sent out or issued before any deed of settlement or partition is agreed upon, and not after such an agreement has already been executed /cmm2016

1. IS ALLOWANCE OF A WILL NECESSARY?

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Yes, the allowance of a will is necessary. Section 1 of Rule 75 is explicit, “No will shall pass either real or personal estate unless it is proved and allowed in the proper court.”

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2. IS THE PROBATE OF A WILL MANDATORY?

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Yes. The probate of a will is mandatory. (Baluyot v. Panio, L-42088, 71 SCRA 86)

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3. DOES A WILL HAVE FORCE AND EFFECT EVEN IF NOT PROBATED?

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No. Until admitted to probate, a will has no effect and no right can be claimed thereunder. (Pascual v. Court of Appeals, 409 SCRA 105)

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4. MAY A PROBATE COURT PASS UPON THE INTRINSIC VALIDITY OF A WILL?

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No. In a special proceeding for the probate of a will, the issue by and large is restricted to the extrinsic validity of the will, i.e. whether the testator, being of sound mind, freely executed the will in accordance with the formalities prescribed by law. As a rule, the question of ownership is an extraneous matter which the probate court cannot resolve with finality. (Pastor Jr. v. CA, 122 SCRA 185)

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5. IS A PROBATE COURT A COURT OF LIMITED JURISDICTION?

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Yes. A probate court is a court of limited jurisdiction. As such, it may only determine and rule upon issues that relate to settlement of the estate of deceased person such as the administration, liquidation and distribution of the estate.

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1. WHO MAY PETITION?

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a. Any executor, devisee, or legatee named in a will, or b. Any other person interested in the estate

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2. WHO IS A “PERSON INTERESTED IN THE ESTATE”?

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AMELIA GARCIA-QUIAZON V. MA. LOURDES BELEN (G.R. NO. 189121, JULY 31, 2013) DOCTRINE: An “interested party”, in estate proceedings, is one who would be benefited in the estate, such as an heir, or one who has a claim against the estate, such as a creditor. Also, in estate proceedings, the phrase “next of kin” refers to those whose relationship with the decedent is such that they are entitled to share in the estate as distributees /cmm2016

1. WHO ARE INCOMPETENT TO SERVE AS EXECUTORS OR ADMINISTRATORS?

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Under the Rule, no person is competent to serve as executor or administrator who: (a) Is a minor; (b) Is not a resident of the Philippines; and (c) Is in the opinion of the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude. /cmm2016

1. WHAT IS THE ROLE OF A SPECIAL ADMINISTRATOR?

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The principal object of the appointment of a temporary administrator is to preserve the estate until it can pass to the hands of a person fully authorized to administer it for the benefit of creditors and heirs, pursuant to Section 2 f Rule 80 of the Rules of Court. (Ocampo v. Ocampo, et. Al., G.R. 187879, Jult 5, 2010)

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1. AS A RULE, HEIRS HAVE NO STANDING IN COURT TO SUE FOR THE RECOVERY OF THE ESTATE REPRESENTED BY AN EXECUTOR OR ADMINISTRATOR DURING PENDENCY OF ADMINISTRATIVE PROCEEDINGS. CITE EXCEPTIONS, IF THERE IS ANY. /cmm2016

The heirs have no standing in court to sue for the recovery of property of the estate represented by an executor or administrator. However, the heirs may sue in the following instances: a. If the executor or administrator is unwilling to bring suit; b. When the executor or administrator is made a party defendant where he is alleged to have participated in the act complained of.

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2. WHAT IS THE THIRD EXCEPTION ENUNCIATED BY THE SUPREME COURT IN THE CASE OF TEODORA A. RIOFERIO, ET AL. v. CA (G.R. NO. 129008, JANUARY 13, 2004)? /cmm2016

The rule that the heirs have no legal standing to sue for the recovery of property of the estate during the pendency of administration proceedings has three exceptions, the third being when there is no appointed administrator such as in this case

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1. WHAT IS THE CONCEPT OF ESCHEAT?

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It is a proceeding whereby the real and personal property of a deceased person become the property of the State upon his death without leaving a will or legal heirs.

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2. Venue?

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A petition to declare as escheated a parcel of land owned by a resident of the Philippines who died intestate and without heirs or persons entitled to the property is to be filed at the place where the deceased person last resided.

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GUARDIANSHIP

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PART I. AS PROVIDED UNDER THE RULES OF COURT.

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Rules 92 to 97 of the Rules of Court limit its application only to guardianship of incompetents who are not minors pursuant to AM No. 03-02-05 SC.

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PART II. UNDER ADMINISTRATIVE CIRCULAR N0. 03-02-05-SC OTHERWISE KNOWN AS “THE RULE ON GUARDIANSHIP OF MINORS.” /cmm2016

This rule which became effective on May 1, 2003, governs guardianship of minors.

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1. WHICH COURT HAS JURISDICTION OVER GUARDIANSHIP PROCEEDINGS?

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In guardianship proceedings involving incompetents who are not minors, the Regional Trial Court where he resides has jurisdiction pursuant to the provisions of Batas Pambansa 129 as amended.

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2. WHERE IS THE VENUE OF GUARDIANSHIP CASES?

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Venue is the place of residence of the minor or incompetent person.

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1. ENUMERATE THE FACTORS CONSIDERED IN APPOINTING A GUARDIAN.

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The factors taken into account in the selection of a suitable guardian are: a. the financial situation, b. the physical condition, c. the sound judgment, d. prudence and trustworthiness, e. the moral character and conduct, and the present and past history of a prospective appointee, as well as the probability of his being able to exercise the powers and duties of guardian for the full period during which guardianship is necessary. (Francisco v. CA, 127 SCRA 371). /cmm2016

1. WHAT ARE THE GENERAL POWERS AND DUTIES OF A GUARDIAN?

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The general powers and duties of a guardian are as follows: a. Have the care and custody of the person of the ward, and the management of his estate, or the management of the estate only, as the case may be (Section 1); b. Pay the debts of ward (Section 2); c. Settle accounts, collect debts and appear in actions for ward (Section 4); d. Manage the estate of the ward frugally, and apply the proceeds to maintenance of the ward (Section 4); e. Render verified inventory within 3 months after his appointment and annually thereafter upon application of interested persons (Section 7); f. Must present his account to the court for settlement and allowance (Section 8). /cmm2016

“THE BEST INTEREST OF THE CHILD” -a Primary Consideration

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1. The principle of “best interest of the child” pervades Philippine cases involving adoption, guardianship, support, personal status, minors in conflict with the law, and child custody.

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2. In these cases, it has long been recognized that in choosing the parent to whom custody is given, the welfare of the minors should always be the paramount consideration.

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“TENDER-AGE PRESUMPTION”

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1. There is express statutory recognition that, as a general rule, a mother is to be preferred in awarding custody of children under the age of seven. The caveat in Article 213 of the Family Code cannot be ignored, except when the court finds cause to order otherwise.

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2. The so-called “tender-age presumption” under Article 213 of the Family Code may be overcome only by compelling evidence of the mother’s unfitness.

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PART II. UNDER ADMINISTRATIVE CIRCULAR N0. 03-02-05-SC RULE ON GUARDIANSHIP OF MINORS

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1.10 WHAT IS THE ORDER OF PREFERENCE IN APPOINTING A GUARDIAN, IN DEFAULT OF PARENTS OR A COURTAPPOINTED GUARDIAN PURSUANT TO SECTION 6? /cmm2016

The order of preference shall be as follows: — the surviving grandparent and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations; — the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified; — the actual custodian of the minor over twentyone years of age, unless unfit or disqualified; and — any other person, who in the sound discretion of the court, would serve the best interests of the minor. /cmm2016

ADOPTION

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1.WHICH COURT HAS JURISDICTION AND VENUE OVER DOMESTIC ADOPTION CASES?

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According to Section 6 of the Rules of Adoption, the petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.

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2. WHAT ARE THE LEGAL EFFECTS OF AN ADOPTION DECREE?

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Adoption has, thus, the following effects: (1) sever all legal ties between the biological parent (s) and the adoptee, except when the biological parent is the spouse of the adopter; (2) deem the adoptee as a legitimate child of the adopter; and (3) give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to: (i) the right of the adopter to choose the name the child is to be known; and (ii) the right of the adopter and the adoptee to be legal and compulsory heirs of each other. /cmm2016

3. RESCISSION OF ADOPTION.

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ISABELITA S. LAHOM v. JOSE MELVIN SIBULO (G.R. No. 143989) DOCTRINE: While R.A. No. 8552 has unqualifiedly withdrawn from an adopter a consequential right to rescind the adoption decree even in cases where the adoption might clearly turn out to be undesirable, it remains, nevertheless, the bounden duty of the Court to apply the law. Dura lex sed lex would be the hackneyed truism that those caught in the law have to live with. It is still noteworthy, however, that an adopter, while barred from severing the legal ties of adoption, can always for valid reasons cause the forfeiture of certain benefits otherwise accruing to an undeserving child. For instance, upon the grounds recognized by law, an adopter may deny to an adopted child his legitime and, by a will and testament, may freely exclude him from having a share in the disposable portion of his estate.’’

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1. CASES WHERE HABEAS CORPUS IS EXTENDED.

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Under Section 1, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto except as otherwise expressly provided by law.

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2. MAY A WIFE SECURE A WRIT OF HABEAS CORPUS TO COMPEL HER HUSBAND TO LIVE WITH HER IN CONJUGAL BLISS? /cmm2016

The answer is no. a. Marital rights including coverture and living in conjugal dwelling may not be enforced by the extraordinary writ of habeas corpus. A writ of habeas corpus extends to all cases of illegal confinement or detention, or by which the rightful custody of a person is withheld from the one entitled thereto. b. No court is empowered as a judicial authority to compel a husband to live with his wife. Coverture cannot be enforced by compulsion of a writ of habeas corpus carried out by sheriifs or any other mesne process. This is a matter beyond judicial authority and is best left to the man and woman’s free choice. Ilusorio vs. Bildner, G.R. No. 139789, 332 SCRA, May 12, 2000 c. To justify the grant of the petition, the restraint of liberty must be an illegal and involuntary deprivation of freedom of action. The illegal restraint of liberty must be actual and effective, not merely nominal or moral. (Erlinda K. Ilusorio v. Erlinda I. Bildner and Sylvia K. Ilusorio, G.R. No. 139808 May 12, 2000) /cmm2016

3. CAN A HUSBAND REFUSE TO SEE HIS WIFE WITHOUT THREAT OF ANY PENALTY ATTACHED TO THE EXERCISE OF HIS RIGHT?

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Yes, in case the husband refuses to see his wife for private reasons, he is at liberty to do so without threat of any penalty attached to the exercise of his right.

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4. ARE THERE INSTANCES WHERE A WRIT OF HABEAS CORPUS MAY BE ISSUED EVEN IF THE DETENTION IS BY VIRTUE OF A JUDGMENT?

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Yes, the rule that habeas corpus may not be availed of if the detention is by virtue of a valid judgment is not absolute.

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The writ may be allowed as a post-conviction remedy when the proceedings leading to the conviction were attended by any of the following exceptional circumstances: 1. there was a deprivation of a constitutional right resulting in the restraint of a person; 2. the court had no jurisdiction to impose the sentence; or 3. the imposed penalty was excessive, thus voiding the sentence as to such excess. (Samuel Barredo y Golani v. Hon. Vicente Vinarao, Director, Bureau of Corrections, G.R. No. 168728, August 02, 2007) /cmm2016

5. MAY HABEAS CORPUS BE RESORTED TO WHERE RIGHTFUL CUSTODY IS WITHHELD FROM A PERSON ENTITLED THERETO?

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Habeas corpus may be resorted to in cases where rightful custody is withheld from a person entitled thereto under Article 211 of the Family Code.

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6. IS A MOTION FOR EXECUTION NECESSARY TO EFFECT A HABEAS CORPUS DECISION?

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No, there is no need to file a motion for execution for habeas corpus decision. Since the right to life, liberty and security of a person is at stake, the proceedings should not be delayed and execution of any decision thereon must be expedited as soon as possible since any form of delay, may jeopardize the very rights these writs seek to immediately protect (Lt. Colonel Rogelio Boac, et al. v. Erlinda T. Cadapan, et al., G.R. Nos. 184461-62, 184495,187109, May 31, 2011) /cmm2016

1. ENUMERATE THE REQUISITES FOR THE GRANT OF THE WRIT OF HABEAS CORPUS INVOLVING CUSTODY OF MINORS? /cmm2016

The requisites for the valid grant of the writ where rightful custody over a minor is withheld from a person lawfully entitled therein are as follows: 1. The petitioner has the right of custody over the minor child; 2. The rightful custody over the minor is being withheld by the respondent; 3. That it serves the best interest of the minor child to be in the custody of the petitioner rather than with the respondent.

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1. DEFINITION OF “EXTRALEGAL KILLINGS”.

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"Extralegal killings" are killings committed without due process of law, i.e., without legal safeguards or judicial proceedings.

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2. DEFINITION OF "ENFORCED DISAPPEARANCES".

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They are "attended by the following characteristics: an arrest, detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect acquiescence of the government; the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of the law.

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3. IS GOVERNMENT INVOLVEMENT IN THE DISAPPERANCE AN INDISPENSABLE ELEMENT?

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Yes, under Section 1 of A.M. No. 07-9-12-SC, a Writ of Amparo may lie against a private individual or entity. But even if the person sought to be held accountable or responsible in an Amparo petition is a private individual or entity, still, government involvement in the disappearance remains an indispensable element.

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1. IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND HABEAS DATA IN FAVOR OF NORIEL H. RODRIGUEZ V. GLORIA MACAPAGAL-ARROYO, GEN. VICTOR S. IBRADO, ET.AL, G.R. NO. 191805 APRIL 16, 2013 /cmm2016

DOCTRINE: In the instant case, this Court rules that respondents in G.R. No. 191805 are responsible or accountable for the violation of Rodriguez’s right to life, liberty and security on account of their abject failure to conduct a fair and effective official investigation of his ordeal in the hands of the military.

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2. LOURDES D. RUBRICO, ET AL. v. GLORIA MACAPAGALARROYO, ET AL. G.R. No. 183871, February 18, 2010

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DOCTRINES: a. If command responsibility were to be invoked and applied to these proceedings, it should, at most, be only to determine the author who, at the first instance, is accountable for, and has the duty to address, the disappearance and harassments complained of, so as to enable the Court to devise remedial measures that may be appropriate under the premises to protect rights covered by the Writ of Amparo. b. However, the determination should not be pursued to fix criminal liability on respondents preparatory to criminal prosecution, or as a prelude to administrative disciplinary proceedings under existing administrative issuances, if there be any. /cmm2016

3. REV. FR. ROBERT P. REYES v. CA, SECRETARY RAUL GONZALEZ, ET AL., G. R. No. 182161, December 3, 2009

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DOCTRINE: Here, the restriction on petitioner’s right to travel as a consequence of the pendency of the criminal case filed against him was not unlawful. Petitioner also failed to establish that his right to travel was impaired in the manner and to the extent that it amounted to a serious violation of his right to life, liberty, and security, for which there exists no readily available legal recourse or remedy.

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4. THE SECRETARY OF NATIONAL DEFENSE v. RAYMOND and REYNALDO MANALO, G.R. No. 180906, October 7, 2008 /cmm2016

DOCTRINE: Nonetheless, the circumstances of respondents’ abduction, detention, torture and escape reasonably support a conclusion that there is an apparent threat that they will again be abducted, tortured, and this time, even executed. These constitute threats to their liberty, security, and life, actionable through a petition for a Writ of Amparo.

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INFANT JULIAN YUSAY CARAM v. ATTY. MARIJOY D. SEGUI, ATTY. SALLY D. ESCUTIN, ET. AL., G.R. No. 193652 AUGUST 05, 2014 /cmm2016

DOCTRINE: Since it is extant from the pleadings filed that what is involved is the issue of child custody and the exercise of parental rights over a child, who, for all intents and purposes, has been legally considered a ward of the State, the Amparo rule cannot be properly applied.

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THE WRIT OF HABEAS DATA

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The writ of habeas data directs the issuance only against public officials or employees, or private individuals or entities engaged in gathering, collecting or storing of data or information regarding an aggrieved party’s person, family or home. MERALCO, Alexander Deyto and Ruben Sapitula vs.Rosario Gopez Lim, G.R. No. 184769 October 5, 2010

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1. DEFINE WRIT OF HABEAS DATA UNDER SECTION 1.

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It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

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1. IS CHANGE OF NAME A MATTER OF RIGHT?

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No, the Court has had occasion to express the view that the State has an interest in the names borne by individuals and entities for purposes of identification, and that a change of name is a privilege and not a right, so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may justify such change. Otherwise, the request should be denied. (In re: Petition for change of name and/or correction/cancellation of entry in civil registry of Julian Lin Carulasan Wang also known as Julian Lin Wang, to be amended/corrected as Julian Lin Wang v. Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005) /cmm2016

2. WHAT ARE THE VALID GROUNDS FOR CHANGE OF NAME?

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The touchstone for the grant of a change of name is that there be ‘proper and reasonable cause’ for which the change is sought. To justify a request for change of name, petitioner must show not only some proper or compelling reason therefore but also that he will be prejudiced by the use of his true and official name.

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3. WHAT MAY CONSTITUTE AS A PROPER GROUND FOR OBJECTION TO CHANGE OF NAME?

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Essentially, a change of name does not define or effect a change of one’s existing family relations or in the rights and duties flowing therefrom. It does not alter one’s legal capacity or civil status.

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4. DISCUSS THE CONSEQUENCE OF A GRANT TO CHANGE NAME.

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a. A mere change of name would not cause a cause in one’s existing family relations, nor create new family rights and duties where none exists before.

b. Neither would it affect a person’s legal capacity, civil status or citizenship. What would be altered is the word or group of words by which he is identified and distinguished from the rest of his fellow men (Ang Chay v. Republic, 34 SCRA 224). c. A change of name granted by the court affects only the petitioner. A separate petition for change of name must be filed for his wife and children. (Secan kok v. Republic, L-27621, August 30, 1973). /cmm2016

IN RE: PETITION FOR CHANGE OF NAME AND/OR CORRECTION/ CANCELLATION OF ENTRY IN CIVIL REGISTRY OF JULIAN LIN CARULASAN WANG v. CEBU CITY CIVIL REGISTRAR G.R. No. 159966,March 30, 2005 /cmm2016

DOCTRINE: In the case at bar, the only reason advanced by petitioner for the dropping of his middle name is convenience. However, how such change of name would make his integration into Singaporean society easier and convenient is not clearly established. That the continued use of his middle name would cause confusion and difficulty does not constitute proper and reasonable cause to drop it from his registered complete name.

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1. WHAT ARE THE REQUISITES FOR THE DECLARATION OF PRESUMPTIVE DEATH?

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As noted by the Court in that case, the four requisites for the declaration of presumptive death under the Family Code are as follows: a. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstance laid down in Article 391, Civil Code; b. That the present spouse wishes to remarry; c. That the present spouse has a sell-founded belief that the absentee is dead; and d. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. Republic v. Yolanda Granada, G.R. No. 187512, June 13, 2012 /cmm2016

2. WHAT SHOULD BE THE BASIS OF THE WELL-FOUNDED BELIEF THAT THE ABSENT SPOUSE IS DEAD?

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The belief of the present spouse must be the result of proper and honest to goodness inquiries and efforts to ascertain the whereabouts of the absent spouse and whether the absent spouse is still alive or is already dead. Whether or not the spouse present acted on a well-founded belief of death of the absent spouse depends upon the inquiries to be drawn from a great many circumstances occurring before and after the disappearance of the absent spouse and the nature and extent of the inquiries made by present spouse. Yolanda Granada, G.R. 187512, June 13, 2012 /cmm2016

1. WHICH COURT HAS JURISDICTION ON PETITIONS FILED UNDER RULE 108?

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The verified petition must be filed before the Regional Trial Court where the corresponding civil registry is located.

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2. SHOULD A PETITION FOR THE CORRECTION OR CHANGE OF ENTRIES IN ONE’S BIRTH CERTIFICATE BE GRANTED BY REASON OF “SEX CHANGE”?

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No. Since the statutory language of the Civil Register Law was enacted in the early 1900s and remains unchanged, it cannot be argued that the term “sex” as used then is something alterable through surgery or something that allows a postoperative male-to-female transsexual to be included in the category “female.” Thus, there is no legal basis for his petition for the correction or change of entries in his birth certificate.

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3. Rommel Jacinto Dantes Silverio v. Republic of the Philippines, G.R. No. 174689, October 22, 2007).

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4. ON THE OTHER HAND, MAY THE COURT GRANT A PETITION UNDER RULE 108 TO CHANGE THE GENDER OF A PERSON FROM “FEMALE” TO “MALE” BY REASON OF CONGENITAL ADRENAL HYPERPLASIA (CAH)? /cmm2016

Yes, as provided in the case of Republic v. Cagandahan, 562 SCRA 72.

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5. WHAT IS CONGENITAL ADRENAL HYPERPLASIA (CAH)?

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During the twentieth century, medicine adopted the term “intersexuality” to apply to human beings who cannot be classified as either male or female. The term is now of widespread use. An organism with intersex may have biological characteristics of both male and female sexes.”

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6. REPUBLIC v. JENNIFER B. CAGANDAHAN G.R. No. 166676, September 12, 2008

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7. MAY A PETITION FOR RECOGNITION OF A FOREIGN JUDGMENT BE MADE UNDER RULE 108?

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Yes, since the recognition of a foreign judgment only requires proof of fact of the judgment, it may be made in a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court. Rule 1, Section 3 of the Rules of Court provides that “[a] special proceedings is a remedy by which a party seeks to establish a status, a right, or a particular fact.” Rule 108 creates a remedy to rectify facts if a person’s life which are recorded by the State pursuant to the Civil Register Law or Act No. 3753. These are facts of public consequence such as birth, death, or marriage, which the State has an interest in recording. /cmm2016

8. GERBERT CORPUS v. DAISYLYN STO.TOMAS G.R. No. 186571, August 11, 2010

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DOCTRINE: The recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as the object of special proceedings (such as that in Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or a particular fact. Moreover, Rule 108 of the Rules of Court can serve as the appropriate adversarial proceeding by which the applicability of the foreign judgment can be measured and tested in terms of jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear mistake of law or fact. /cmm2016

9. JENIE DELA CRUZ vs. GARCIA, G.R. No. 177728, July 31, 2009

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DOCTRINE: In view of the pronouncements herein made, the Court sees it fit to adopt the following rules respecting the requirement of affixing the signature of the acknowledging parent in any private handwritten instrument wherein an admission of filiation of a legitimate or illegitimate child is made:

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1. WHAT ENTRIES IN THE CIVIL REGISTRY ARE SUBJECT TO R.A. 9048?

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No entry in a civil registry shall be changed or corrected without a judicial order except: 1. for clerical or typographical errors of first name; and 2. change of first name or nickname.

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2. WHICH GOVERNMENT BODY HAS JURISDICTION TO EFFECT CHANGE OR CORRECTION?

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The same can be corrected or changed by concerned city or municipal civil registrar or consul general.

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3. IS THE CLERICAL ERROR ACT LIMITED TO CORRECTION OF CLERICAL OR TYPOGRAPHICAL ERRORS ONLY?

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No. The law is clear. It also applies to change of first name or nickname.

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4. DOES THE CLERICAL ERROR ACT APPLY TO CHANGE OF FULL NAME?

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No. Change of full name is covered by Rule 103. The act is limited to clerical or typographical errors and change of first name or nickname.

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5. WHERE IS THE FILING OF THE PETITION?

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1. The petition may be filed with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

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2. In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition may be filed, in person, with the local civil registrar of the place where the interested party is presently residing or domiciled.

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6. ENUMERATE THE GROUNDS FOR CHANGE OF FIRST NAME OR NICKNAME UNDER SECTION 4 OF THIS ACT.

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The petition for change of first name or nickname may be allowed in any of the following cases: (1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce; (2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by the first name or nickname in the community; or (3) The change will avoid confusion.

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7. WHAT IS THE EFFECT OF R.A. 9048 TO THE APPLICATION OF RULE 108?

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Under this new law, “clerical or typographical errors and change of first name or nickname” may be corrected or changed by the concerned city or municipal registrar or consul general, without need of any judicial order.

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8. DOES R.A. 9048 APPLY TO CHANGE IN NATIONALITY?

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No, Republic Act. No. 9048 provides in Section 2 (3) that a summary administrative proceeding to correct clerical or typographical errors in a birth certificate cannot apply to a change in nationality.

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1. WHAT ARE THE ENTRIES IN THE BIRTH CERTIFICATE THAT CAN BE CORRECTED?

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1. clerical or typographical errors and change of first name or nickname; (R.A. 9048) and

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2. day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry. (R.A. 10172)

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2. WHAT ARE THE ENTRIES IN THE BIRTH CERTIFICATE THAT CANNOT BE CHANGED? (SEC. 2 (3), R.A. NO. 10172)

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1. nationality; 2. age; or 3. status of the petitioner.

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3. WHAT ARE THE REQUIREMENTS FOR CORRECTION OF DATE OF BIRTH (day or month) OR THE SEX OF THE PERSON? (SEC.5, R.A. NO. 10172) /cmm2016

No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be entertained except:

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1. if the petition is accompanied by earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities; and in case of change of gender, the petition is accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant. /cmm2016

2. The petition for change of first name or nickname, or for correction of erroneous entry concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.

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1. COMPARATIVE TABLE ON RULE 103, RULE 108, R.A. 9048 AND R.A. 10172:

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Rule 108

Name of Law

Change of Name

Cancellation/Correctio Clerical Error Act n of Entries in the Civil Registry

Amendment to R.A. 9048

Subject Matter

Change of full name (substantial corrections)

Change or corrections in the civil entries (substantial corrections)

Change of first name and nickname and civil entries (only typographical or clerical errors)

Correction of clerical or typographical errors in the day and month in the date of birth or sex of a person

Who may File

A person desiring to change his name. (Section 1)

Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register. (Section 1)

Same in R.A. 9048 Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname. (Section 3)

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R.A. 9048

R.A. 10172

Rule 103

Venue

Rule 103

Rule 108

R.A. 9048

R.A. 10172

RTC of the province in which petitioner resides for 3 years prior to filing, or, in the City of Manila, to the Juvenile and Domestic Relations Court.

RTC of city or province where the corresponding civil registry is located.

1. Local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept;

1. Local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept;

2.Local civil registrar of the place where the 2.Local civil registrar of the place where the interested party is presently residing or interested party is presently residing or domiciled; domiciled;

3.Philippine Consulate.

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3.Philippine Consulate.

Rule 103 Contents of petition (a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing; (b) The cause for which the change of the petitioner’s name is sought; (c) The name asked for. (Section 2)

Rule 108

R.A. 9048

R.A. 10172

(a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing;

(a) Facts necessary to establish the merits of the petition;

(a) Facts necessary to establish the merits of the petition;

(b) The cause for which the change of the petitioner’s name is sought; (c) The name asked for. (Section 2)

(b) Facts that shall show affirmatively that the petitioner is competent to testify to the matters stated in the petition.

(b) particular erroneous entry or entries, which are sought to be corrected and/or The petition shall be supported with the following documents: the change sought to be made. (1) A certified true machine copy of the certificate or of the page The petition shall be supported of the registry book containing the entry or entries sought to be corrected or changed; with the following documents: (1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed; (2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and (3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition. (Section 3) No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be entertained except:

(3) Other documents which the -if the petition is accompanied by earliest school record or petitioner or the city or municipal earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by civil registrar or the consul general may consider relevant and religious authorities; necessary for the approval of the nor shall any entry involving change of gender corrected except: petition. (Section 5) - if the petition is accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant. Furthermore, the petitioner shall submit a certification from the appropriate law enforcement agencies that he has no pending case or no criminal record.

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Grounds

Rule 103

Rule 108

R.A. 9048

1. Name is ridiculous, tainted with dishonor and extremely difficult to write or pronounce;

Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected.

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce;

2. Consequence of change of status; 3. Necessity to avoid confusion;

4. Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage; 5. A sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and without prejudicing anybody. /cmm2016

2. The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that by that first name or nickname in the community; or 3. The change will avoid confusion. (Section 4)

Rule 103

Rule 108

R.A. 9048

R.A. 10172

Kind of proceeding

Judicial Proceeding Summary proceeding Administrative This can be converted to proceeding an adversarial proceeding if there are substantial changes and affect the status of an individual.

Administrative proceeding

What to File

File a signed and verified petition.

File an affidavit

File a verified petition for the cancellation or correction of any entry.

File an affidavit.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows: First copy-to the concerned city or municipal civil registrar, or the consul general; Second copy-to the Office of Civil Registrar General; Third copy-to the petitioner.

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Rule 103

Rule 108

R.A. 9048

R.A. 10172

Notice and Publication

At least once a week for three consecutive weeks in some newspaper circulation (notice of hearing)

At least once a week for three consecutive weeks in some newspaper of general circulation (notice of hearing)

At least once a week for two (2) consecutive weeks (publish the whole affidavit)

At least once a week for two (2) consecutive weeks in a newspaper of general circulation

Posting

No posting

No posting

No posting Duty of the civil registrar or Consul to post the petition in a conspicuous place for 10 consecutive days Same in R.A. 9048

Who participates The Solicitor General The Civil Registrar on the part of the or the proper Government provincial or city fiscal shall appear on behalf of the Government of the Republic.

The Civil Registrar or the Consul.

Where to appeal Appeal decision with the Court of Appeals.

Appeal decision to the Same in R.A. 9048 Civil Registrar General (head of NCSO).

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Appeal decision with the Court of Appeals.

2. COMPARATIVE TABLE ON JURISDICTION AND VENUE IN SPECIAL PROCEEDINGS

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Kinds of Special Proceedings

1. Settlement of Estate (Rule 73)

Jurisdiction and Venue

1. RTC or MTC (depending on the gross value of the estate) of the province where the deceased last resided. 2. In case the decedent is a non-resident of the Philippines at the time of his death, venue lies in any province in which he had an estate.

2. Escheat (Rule 91)

1. RTC of province where the deceased last resided. 2. In case the decedent is a non-resident of the Philippines at the time of his death, venue lies in any province in which he had an estate.

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Kinds of Special Proceedings

Jurisdiction and Venue

3. Guardianship a. Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)

1. Family Court of province or city where the minor actually resides. 2. If the minor resides in a foreign country, in the Family Court of the province or city where his property or any part thereof is situated

b. Guardianship over incompetent persons who are not minors under 1. RTC of the province or city where incompetent the Rules of Court (Rules 92-97) person last resided. 2. If the incompetent person resides in a foreign country, in the Family Court of the province or city where his property or any part thereof is situated.

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Kinds of Special Proceedings

Jurisdiction and Venue

4. The Rules of Adoption (A.M. No. 02-6-02-SC) a. If filed under the Adoption Act (R.A. 8552)

Domestic 1. Family Court of province or city where prospective adoptive parents reside. 2. If the petition is for Rescission of Adoption of the Adoptee—Family Court of the city or province where the adoptee resides.(Sec.19)

b. If filed under the Inter-Country 1. Family Court having jurisdiction over the place Adoption Act (R.A. 8043) where the child resides or may be found (filed by a foreign national or Filipino citizen permanently residing abroad). 2. It may be filed directly with the Inter-Country Adoption Board. /cmm2016

Kinds of Special Proceedings

Jurisdiction and Venue

5. Habeas Corpus a. Habeas Corpus for illegal 1. If filed with RTC, where detainee is detained. SC, confinement or detention (Rule 102) CA and RTC have concurrent jurisdiction. *The writ of habeas corpus issued by the RTC shall be enforceable only within its judicial region (Sec. 21, BP 129). b. Habeas Corpus for custody of 1. Family courts have exclusive jurisdiction (Family minors (A.M. No. 03-04-04 SC) Courts Act of 1997 [RA 8309]). 2. Under the Rule on Custody of Minors and Writ of Habeas Corpus in relation to Custody of Minors (A.M. No. 03-04-04-SC), the petition may be filed with SC, CA or any of its members, and, if so granted, the writ shall be enforceable anywhere in the Philippines. /cmm2016

Kinds of Special Proceedings

6. Amparo (A.M. No. 07-9-12-SC)

Jurisdiction and Venue

SC, CA and Sandiganbayan, RTC If with the RTC: The place where the threat, act or omission was committed or any of its elements occurred.(Sec.3)

7. Habeas Data (A.M. No. 08-1-16-SC) SC, CA and Sandigabayan when the action concerns public data files of government offices If with the RTC: 1. where petitioner resides; or 2. where respondent resides; or 3. that which has jurisdiction over the place where data or information is gathered, collected or stored, at the option of petitioner. (Sec.3)

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Kinds of Special Proceedings

Jurisdiction and Venue

8. Change of name (Rule 103): RTC of the resides.(Sec.1)

province

where

the

petitioner

9. Absentees (Rule 107): RTC of place where absentee resided before his disappearance.(Sec.1)

10. Cancellation or Correction of RTC of the province where the corresponding Local Entries (Rule 108): Civil Registrar of place is located.(Sec.1)

11. The Clerical Error Act (R.A. 9048) 1. Local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept; 2.Local civil registrar of the place where the interested party is presently residing or domiciled; /cmm2016

3.Philippine Consulates

3. DISTINCTION BETWEEN WRITS OF HABEAS CORPUS, AMPARO AND DATA:

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WRIT OF LEGAL BASIS

HABEAS CORPUS

AMPARO

The Rule was drafted pursuant Same to the Supreme Court’s constitutional power to promulgate rules for the protection and enforcement of constitutional rights (Constitution, Art. VIII, Sec. 5[5]).

HABEAS DATA Same

GOVERNING LAW Rule 102

A.M. No. 07-9-12-SC

A.M. No. 08-1-16-SC

Definition

It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.

It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

“Habeas corpus” is a Latin phrase which literally means “you have the body.” Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. /cmm2016

WRIT OF

HABEAS CORPUS

AMPARO

HABEAS DATA

REMEDY FOR

Sec. 1 To all cases of illegal confinement or detention: 1. By which any person is deprived of his liberty; or 2. By which the rightful custody of any person is withheld from the person entitled thereto.

Sec. 1 To any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

Sec. 1 To any person whose right to privacy in life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in: 1. Gathering 2. Collecting 3. Storing of data or information regarding the person family, home and correspondence of the aggrieved party.

EFFECTIVITY

The Rule took effect on 1 July 1997.

The Rule took October 2007.

The Rule took effect on 2 February 2008.

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effect on 24

WRIT OF

HABEAS CORPUS

AMPARO

HABEAS DATA

PETITIONER

Sec. 3 By the party for whose relief it is intended, or by some other person in his behalf

Sec. 2 By the aggrieved party, or by any qualified person or entity in the order provided in Sec. 2

Sec. 2 General rule: The aggrieved party Except: In cases of extralegal killings and enforced disappearances: 1.Immediate family; 2. In default of no. 1, ascendant, descendant or collateral relative within the 4th civil degree of consanguinity or affinity.

VENUE

Sec. 2 Where the plaintiff resides or where the defendant resides, or in the case of non-resident defendant, where he may be found, at the election of the plaintiff.

Sec. 3 SC, CA and SB: Manila; RTC of the place where the threat, act or omission was committed or any of its elements occurred.

Sec. 3 SC, CA and SB: Manila; RTC: 1. Where the petitioner resides; 2. Where the respondent resides; 3. Which has jurisdiction over the place where data or information is gathered etc. All at the option of the petitioner.

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WRIT OF

HABEAS CORPUS

AMPARO

EXTENT OF ENFORCEABILITY

SC CA and SB: anywhere in the Anywhere in the Philippines Philippines RTC: only within its judicial district

WHEN TO FILE

Sec. 2 On any day and at any time

DOCKET FEES AND OTHER LAWFUL FEES

HABEAS DATA

Anywhere in the Philippines

Sec. 3 On any day and at any time Sec. 4 Exempt

Sec. 5 Exemption only applies to an indigent petitioner only

REQUISITES OF PETITION

Sec. 3 Signed and verified

Sec. 5 Signed and verified

Sec. 6 Verified written petition

ISSUANCE OF THE WRIT

Sec. 5 When it appears, it ought to be issued immediately

Sec. 6 When it its face ought to issue immediately

Sec. 7 When in its face ought to issue immediately However there should be service within three days

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WRIT OF

HABEAS CORPUS

AMPARO

HABEAS DATA

SUMMARY HEARING Sec. 12 Hearing on return

Sec. 6 Sec. 7 Not later than 7 days from the Not later than 10 days from date of its issuance the date of its issuance

HOW SERVED

Sec. 7 Service of the writ shall be made by leaving the original with the person to whom it is directed and preserving a copy on which to make return of service. If that person cannot be found, or has not the prisoner in custody then the service shall be made on any person having or exercising such custody.

Sec. 8 If the writ cannot be served personally on the respondent, the rules on substituted service shall apply.

Sec. 9 If the writ cannot be served personally on the respondent, the rules on substituted service shall apply

CONTENTS OF RETURN

Sec. 10 Signed and shall also be sworn to if the prisoner is not produced.

Sec. 9 Verified written return -–period to file cannot be extended except on highly meritorious ground;

Sec. 9 Verified written return -may be reasonably extended by the court for justifiable grounds;

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WRIT OF

PENALTIES

HABEAS CORPUS

Sec. 16 Clerk of a court who refuses to issue the writ; Person to whom a writ is directed, who neglects or refuses to obey or make return of the same according to the command thereof, or makes false return thereof, refuses to deliver to the person demanding, within six (6) hours after the demand of a true copy of the warrant or order of commitment: Penalties: a. forfeit to the party aggrieved the sum of one thousand pesos, to be recovered in a proper action; b. contempt.

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AMPARO

HABEAS DATA

Sec. 7 Sec. 8 and 11 1. Clerk of court who refuses to Same with Writ of Amparo issue the writ; 2. Deputized person who refuses to serve the same; Penalty = contempt without prejudice to other disciplinary actions.

Sec. 16 1. Respondent who refuses to make a return, or make a false return; 2. Any person who disobeys or resists a lawful process order of the court. Penalties: a. Contempt; b. Imprisonment; c. Fine.

WRIT OF

HABEAS CORPUS

WHEN DEFENSES none MAY BE HEARD IN CHAMBERS PROHIBITED PLEADINGS AND MOTIONS

AMPARO none

Sec. 11 (a) Motion to dismiss; (b) Motion for extension of time to file return, opposition, affidavits, position paper and other pleadings; (c) Dilatory motion for postponement; (d) Motion for a bill of particulars; (e) Counterclaim or cross-claim; (f) Third-party complaint; (g) Reply; (h) Motion to declare respondent in default; (i) Intervention; (j) Memorandum; (k) Motion for reconsideration of interlocutory orders or interim relief orders; and (l) Petition for certiorari, mandamus or prohibition against any /cmm2016 interlocutory order.

HABEAS DATA Sec. 12 May be heard in chambers Sec. 13. (a) Motion to dismiss; (b) Motion for extension of time to file opposition, affidavit, position paper and other pleadings; (c) Dilatory motion for postponement; (d) Motion for a bill of particulars; (e) Counterclaim or crossclaim; (f) Third-party complaint; (g) Reply; (h) Motion to declare respondent in default; (i) Intervention; (j) Memorandum; (k) Motion for reconsideration of interlocutory orders or interim relief orders; and (l) Petition for certiorari, mandamus or prohibition against

WRIT OF

HABEAS CORPUS

AMPARO

HABEAS DATA

EFFECT OF FAILURE TO FILE A RETURN

Sec. 12 In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte.

SUMMARY HEARING

Sec. 13 Sec. 15 The hearing on the petition Same with Writ of Amparo shall be summary. However, the court, justice or judge may call for a preliminary conference to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties. The hearing shall be from day to day until completed and given the same priority as petitions for habeas corpus.

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Sec. 14 In case the respondent fails to file a return, the court, justice or judge shall proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant unless the court in its discretion requires the petitioner to submit evidence.

WRIT OF

HABEAS CORPUS

AMPARO

INTERIM Sec. 12 Sec. 14 RELIEFS 1.Unless for good cause shown, the hearing is (a) Temporary Protection Order. — The court, justice or judge, upon motion or motu proprio, may order that the petitioner adjourned, in which or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited event the court shall person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or make an order for the institution referred to in Section 3(c) of this Rule, the protection may be extended to the officers involved. safe keeping of the The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the person imprisoned or petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall restrained as the issue. The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by nature of the case the court, justice or judge. requires; 2. The court or judge (b) Inspection Order. — The court, justice or judge, upon verified motion and after due hearing, may order any person in must be satisfied that possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, the person’s illness is surveying, or photographing the property or any relevant object or operation thereon. The motion shall state in detail the so grave that he cannot place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of be produced without the enforced disappearance or whereabouts of the aggrieved party. If the motion is opposed on the ground of national any danger security or of the privileged nature of the information, the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. The movant must show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated. The inspection order shall specify the person or persons authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons. (c) Production Order. — The court, justice or judge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant. The motion may be opposed on the ground of national security or of the privileged nature of the information, in which case the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties. (d) Witness Protection Order. — The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private /cmm2016 institutions capable of keeping and securing their safety.

WRIT OF

JUDGMENT

HABEAS CORPUS

AMPARO

Sec. 15 When the court or judge has examined into the cause of caption and restraint of the prisoner, and is satisfied that he is unlawfully imprisoned or restrained, he shall forthwith order his discharge from confinement, but such discharge shall not be effective until a copy of the order has been served on the officer or person detaining the prisoner. If the officer or person detaining the prisoner does not desire to appeal, the prisoner shall be forthwith released.

Sec. 18 The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied.

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HABEAS DATA

Sec. 16 Same with WOA with an addition that upon finality, the judgment shall be enforced by the sheriff or any lawful officers as may be designated by the court, justice or judge within 5 working days.

WRIT OF APPEAL

HABEAS CORPUS Sec. 15 in relation to Sec. 3 of Rule 41 and Sec. 39 of BP 129: 48 hours from notice of judgment appealed from by ordinary appeal

RETURN OF SERVICE

AMPARO

HABEAS DATA

Sec. 19 Sec. 19 Rule 45 by petition for review Same as WOA on certiorari with peculiar features: 1.Appeal may raise questions of fact or law or both; 2. Period of appeal shall be 5 working days from the date of notice of the adverse judgment; 3. Same priority as habeas corpus cases.

Sec. 17 The officer who executed the final judgment shall make a verified return within 3 days from its enforcement

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WRIT OF APPEAL

HABEAS CORPUS Sec. 15 in relation to Sec. 3 of Rule 41 and Sec. 39 of BP 129: 48 hours from notice of judgment appealed from by ordinary appeal

ARCHIVING AND REVIVAL OF CASES

AMPARO Sec. 19 Rule 45 by petition for review on certiorari with peculiar features: 1. Appeal may raise questions of fact or law or both; 2. Period of appeal shall be 5 working days from the date of notice of the adverse judgment; 3. Same priority as habeas corpus cases.

Sec. 20 The court shall not dismiss the petition, but shall archive it, if upon its determination it cannot proceed for a valid cause such as the failure of petitioner or witnesses to appear due to threats on their lives. The petition shall be dismissed with prejudice upon failure to prosecute the case after the lapse of two (2) years from notice to the petitioner of the order archiving the case.

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HABEAS DATA Sec. 19 Same as WOA

WRIT OF

HABEAS CORPUS

AMPARO

HABEAS DATA

INSTITUTION OF SEPARATE ACTIONS

Sec. 21 Sec. 20 This Rule shall not preclude Same as WOA the filing of separate criminal, civil or administrative actions.

EFFECTS OF FILING CRIMINAL ACTION

Sec. 22 Sec. 21 When a criminal action has Same as WOA been commenced, no separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in the criminal case.

CONSOLIDATION

Sec. 23 Sec. 22 When a criminal action is Same as WOA filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action. When a criminal action and a separate civil action are filed subsequent to a petition for a Writ of Amparo, the latter shall be consolidated with the criminal action. /cmm2016

WRIT OF

HABEAS CORPUS

SUBSTANTIVE RIGHTS

SUPPLETORY APPLICATION OF THE RULES OF COURT

AMPARO

Sec. 24 This Rule shall not diminish, increase or modify substantive rights recognized and protected by the Constitution.

Rule 72, Sec. 2 In the absence of special provisions, the rules provided for in ordinary actions shall be, as far as practicable, applicable in special proceedings.

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HABEAS DATA

Sec. 23 Difference is that in WOA the Constitution provides the law from which the substantive rights exist

Sec. 25 Sec. 24 The Rules of Court shall Same as WOA apply suppletorily insofar as it is not inconsistent with this Rule.

THANK YOU!

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