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SAINT LOUIS UNIVERSITY

SCHOOL OF LAW
BAGUIO CITY

COURSE SYLLABUS
LAW 326
SPECIAL PROCEEDINGS
2nd Semester, Academic Year 2017-2018
Professor: Jerico G. Gay-ya

COURSE PROGRAM DESCRIPTION

Law 326 or Special Proceedings is a 2-unit course under Remedial Law.

Enrollees must be qualified to enroll in the course by virtue that they are in their
regular junior year of law studies and have successfully completed Civil Procedure and
Criminal Procedure as pre-requisites.

The program is designed to provide the students with the necessary skills to have an
in-depth knowledge, understanding, and appreciation of special proceedings processes and
procedures.

OBJECTIVES

Upon culmination of the course’s activities, it is expected that the enrollees’

knowledge, understanding, and appreciation of the subject matter have been strongly
developed. The enrollees are expected to have a more in-depth and better appreciation of the
intricacies of remedial law, adding to what they have learned in Civil Procedure and Criminal
Procedure. The enrollees are also expected to develop a more robust grasp of the interplay
between substantive law and adjective law. The enrollees are further expected to internalize
the significant role of remedial law in the speedy, efficient and effective administration of
justice. It is the vision that the enrollees shall ultimately possess the elemental skills ought to
be possessed by a lawyer – erudite in procedural laws, ethics worthy to be members of the
legal profession, and true advocates of the law and justice. The primary objective though is to
properly arm and adequately equip the enrollees with the skills, knowledge and training of
remedial law, particularly, the rules on special proceedings and pertinent jurisprudence, for
their bar examinations. During the course of learning, the enrollees are not only expected to
dissect the intricacies of the rules on Special Proceedings and collate masses of ideas
pertaining to adjective laws which are interrelated but be able to also synthesize a “wholistic”
concept of the subject matter. Upon culmination of the learning process, the students are
expected to develop a global grasp of the subject matter.

METHODOLOGY and STRATEGY

A mix of linear and conceptual/non-linear attack on the subject matter shall be

adopted. It is imperative that the enrollees evolve an impression of masses of
connected/interrelated ideas in the process of learning, rather than a vertical or horizontal /
chronological manner of studying the subject matter.

The media of instruction shall be the official languages, pursuant to §6, Art. XIV of
the 1987 Constitution, which states:

“The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other languages.

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Subject to provisions of law and as the Congress may deem appropriate, the
Government shall takes steps to initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in the educational system.”
[Emphasis and Underscoring supplied]

§7, Art. XIV of the 1987 Constitution furthers:

“For purposes of communication and instruction, the official languages of the

Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and
shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.”

[Emphasis and Underscoring supplied]

With the aforementioned, the instructor will use both the Filipino and the English
languages as media of instruction. However, considering that English is still the monolithic
language in the legal profession, and considering that English is the lingua franca, English
shall be the primary medium of instruction. Formal recitations shall be conducted in the
English language, unless intellectual exchanges are impeded and unless the English language
becomes a barrier to the free flow and exchange of ideas.

Written Examinations shall be in the English language, but the professor shall exert
conscientious effort in crafting one or two questions for each major quiz and major
examination in the Filipino language, in the exercise of academic freedom and as part of the
advocacy in using the mother tongue pursuant to the constitutional mandate.

The following are the learning strategies to be adopted in the course of the semester:

1. Lectures
2. Case reporting
3. Daily recitations based on the classic Socratic Method
4. Informal recitations
5. Social inquiry method
6. Brain storming
7. Interactions
8. Legal opinion constructions
9. Court exposures / Emersion
10. Paper works / Researches
11. Others that may enhance the learning process

COURSE REQUIREMENTS

For an enrollee to pass the course, the enrollee is required to garner satisfactory
ratings / scores / performance in ALL of the following, pursuant to the School of Law and
University policies:

1. Midterm and Final examinations (Special Instructions/Reminders: Use only 40 leaves

examination booklet. Each enrollee must submit the said examination booklet which
must be accordingly paged on the upper left portion of each of the frontal page only.
No need to write one’s name on the booklet when submitting the same. This must be
submitted to the class beadle a week before the scheduled examination. The class
beadle in turn must submit the same to the professor.)
2. Announced and Unannounced Quizzes (Special Instructions/Reminders: There will
be two [2] long quizzes for each term. Refer to the time table on the scheduled dates

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of the long quizzes. In any quiz, announced or unannounced, the examinee must only
use long yellow pad papers.)
3. Recitations and active participation during class lectures (Instructions/Reminders: An
enrollee shall undergo AT LEAST one mandatory formal recitation for each term
which is equivalent to one long quiz)
4. Research Paper (Instructions/Guidelines/Reminders: It shall be a Group Paper. The
enrollees are given the choice to compose their own groups consisting of 3 to 5
members for each group. The deadline is on MAY 2, 2018. To be submitted both in
hard and soft copies. The soft copy of the research paper must be in word format only
and e-mailed at [email protected] on or before the designated deadline, with
accompanying cover letter. The hard copy of the research paper must be submitted to
the class beadle only on the designated deadline. The class beadle is tasked to submit
to the professor the hard copies of the research papers on the designated deadline.
Format of the paper: (1) to be placed in an 8 ½” by 13” bond paper; (2) with top
margin of 1.2”; left margin of 1.3”; and right and bottom margins of 1” each; (3) 1 ½
space; (4) font type is Times New Roman and font size is 12; (5) minimum of 15
pages and maximum of 20 pages. The hard copies of the research paper must be
stapled as one and there is no need to place them in a folder. Failure to submit on the
scheduled deadline automatically converts to zero grade for the research paper grade;
but for purposes of completing the course, there is still a need to submit the research
paper.)
5. Case digest compendium by the entire class (Instructions/Guidelines/Reminders: The
class must submit a compendium of case digests of all the cases listed in this syllabus.
The compendium for the cases assigned for the midterms must be submitted on or
before March 5, 2018 and on May 7, 2018 for the compendium of case digests for the
final term. To be submitted both in hard and soft copies. The soft copy of the
compendium must be in word format only and e-mailed at
[email protected] on or before the designated deadlines, with
accompanying cover letter. The hard copy of the compendium must be submitted by
the class beadle to the professor only on the designated deadlines. Format: (1) to be
placed in an 8 ½” by 11” bond paper; (2) with top margin of 1”; left margin of 1.4”;
and right and bottom margins of 1” each; (3) 1 ½ space; (4) font type is Times New
Roman and font size is 12; (5) must contain the following: title of case, citation, and
name of ponente. If en banc, indicate as such, if not, indicate what division decided
the case. State the doctrine/s emphasized in the decision, the essential and material
facts, the essential issue/s in relation to Special Proceedings and Remedial Law, and
the holding/s of the Supreme Court. The hard copies of the compendium must be
book bind. Failure to submit on the scheduled deadlines automatically converts to
zero grade for the compendium; but for completing the course, there is still a need to
submit the compendiums.)
6. Class attendance and active participation in the School and University activities and
functions will NOT be graded. Thus, enrollees are expected to give priority to their
academic obligations. But as students of the School of Law, the enrollees are highly
encouraged to actively participate in School and University activities.

Grades of enrollees shall be EXCLUSIVELY and SOLELY based from academic

performance. The professor shall not accept any gifts and tokens of appreciation in order to
maintain plain and outmost objectivity in evaluating the academic proficiency of students.

REFERENCES

Today is the Age of Information; thus, all the reference materials can be searched
through the worldwide web. However, the following are the principal reference materials,
which are primary sources of remedial law, used by the professor:

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1. 1987 Philippine Constitution

2. BP Blg. 129 or “The Judiciary Reorganization Act of 1980”
3. Rules of Court, particularly Rules 72 to 109
4. E.O. No. 209 or the Family Code of the Philippines
5. Rep. Act No. 8369 or the “Family Courts Act of 1997”
6. Rep. Act No. 8552 or the “Domestic Adoption Act of 1998”
7. A.M. No. 06-11-11-SC or the Rule on DNA Evidence
8. A.M. No. 07-9-12 or the Rule on the Writ of Amparo
9. A.M. No. 08-1-16-SC or the Rule on the Writ of Habeas Data
10. Rep. Act No. 9048, as amended by Rep. Act No. 10172

There is no particular textbook required by the professor. Nonetheless, the professor

highly suggests that the enrollees must have at least one reference book to aid him/her
throughout the learning process.

COURSE COVERAGE

Remedial Law Review I covers a good breadth of topics, which are:

1. General Principles on Remedial Law

2. General Principles on Jurisdiction, with emphasis on jurisdiction of Family
Courts
3. E.O. No. 209 or the Family Code of the Philippines
4. Rep. Act No. 8369 or the “Family Courts Act of 1997”
5. Rep. Act No. 8552 or the “Domestic Adoption Act of 1998”
6. Rules 72 to 109 of the Rules of Court
7. A.M. No. 06-11-11-SC or the Rule on DNA Evidence
8. A.M. No. 07-9-12 or the Rule on the Writ of Amparo
9. A.M. No. 08-1-16-SC or the Rule on the Writ of Habeas Data
10. Rep. Act No. 9048, as amended by Rep. Act No. 10172

THE TIMELINE: “TEMPUS EST DE ESSENTIA”

Caveat : The timeline shall be the compass that shall direct the class with respect to the
target topics for each week, for each month, for each term, and for the entire semester; and it
includes evaluation and assessment weeks. The professor shall as much as possible strictly
abide by the timeline and in case unforceable events such as caso fortuito and fuerza mayor
shall be an impediment in the attainment of the target topics as structured in this timeline,
remedial and make-up classes shall be conducted.

TOTAL CONTACT NUMBER OF WEEKS FOR

THE SEMESTER (LESS 2 WEEKS OF EXAMS):

SIXTEEN (16) WEEKS

TOTAL CONTACT HOURS FOR THE ENTIRE

SEMESTER (LESS HOURS OF EXAMS):

THIRTY-TWO (32) HOURS OR ONE DAY AND 8 HOURS; hence, SIXTEEN

HOURS PER TERM

For the Midterms (January 15 to March 17, 2018)

TOPICS COVERED – RULES 72 TO 91

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CLASS HOLIDAYS - January 25 & 26, 2018 Baccalaureate & Graduation

February 16, 2018 Kung Hei Fat Choi

LONG QUIZZES - February 5, 2018

February 26, 2018

MIDTERM EXAMS - March 12 to 17 & 19, 2018

For the Midterms (March 20 to May 19, 2018)

TOPICS COVERED – ALL REMAINING TOPICS (See Course Outline)

CLASS HOLIDAYS - March 29, 2018 Holy Thursday

March 30, 2018 Good Friday
April 9, 2018 The Day of Valor
May 1, 2018 Labor Day

LONG QUIZZES - April 16, 2018

May 7, 2018

MIDTERM EXAMS - May 12, 14 to 19, 2018

COURSE SCOPE AND SEQUENCE

Caveat : The course outline has been diligently prepared and carefully planned by the
professor with the ultimate objective that the same be the exhaustive guide for the enrollees.
The enrollees are expected to come to class prepared. Enrollees must expect daily formal and
informal recitations.

PART ONE: GENERAL PRINCIPLES

I. Concept of Law

A. Definition

B. Substantive law vis-à-vis remedial law

1. Significance of Remedial Law

2. Sources of Remedial Law
3. Interplay of substantive law and remedial law

II. Judicial Power and the Role of the Judiciary in the Philippine Legal System

A. Concept of judicial power (§1, AVIII, 1987 Constitution)

B. Constitutional guarantees on judicial independence

1. Supreme Court as a constitutional body (§ 4[1], Art. VIII, 1987

Constitution)
2. Members of the Supreme Court may only be removed thru impeachment
(§ 2, Art. IX, 1987 Constitution)

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3. Minimum original and appellate jurisdiction of the Supreme Court (§ 2 in

rel. to § 5[1], Art. VIII, 1987 Constitution)
4. Appellate jurisdiction of the Supreme Court may not be increased by law
without its advice and concurrence (§ 2 in rel. to § 5[2], Art. VIII, 1987
Constitution)
5. Administrative power of the Supreme Court over all lower courts and their
personnel (§ 11, Art. VIII, 1987 Constitution)
6. Security of tenure of members of the Judiciary (§ 11, Art. VIII, 1987
Constitution)

C. The rule-making power of the Supreme Court (§ 5[5], Art. VIII, 1987
Constitution)

1. Vis-à-vis judicial legislation

2. Limitations on the rule-making power of the Supreme Court
3. Power of the Supreme Court to amend and suspend procedural rules

(CASE/S: (1) Public Estates Authority v. Yuico, GR No. 140486,

February 6, 2001)

4. Liberal construction rule (§ 6, Rule 1)

(CASE/S: (1) De Guia v. De Guia, GR No. 135384, April 4, 2001)

5. System of code pleadings v. common law system

(CASE/S: (1) Marquez & Gutierrez Lara v. Valera, 92 Phil. 373 [1972])

5.1. The adversarial system v. the inquisitorial system

6. Uniform Procedure in Trial Courts (Rule 5)

7. Concept of justiciability (§ 1, Art. VIII, 1987 Constitution)

7.1. Justiciable questions v. political questions

7.2. The power of judicial review

a. The epistolary jurisdiction and public interest litigation

8. Role of the Judiciary

D. Concept of courts

1. Courts v. judges
2. The present state of Philippine courts
3. Kinds of courts
4. Doctrine of hierarchy of courts
5. Doctrine of non-interference / judicial stability

III. General Concepts in Special Proceedings

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A. Special Proceedings v. Civil Action v. Criminal Action (§3, Rule 1)

B. Rules governing special proceedings (§2, Rule 72)

(CASE/S: (1) Fernandez v. Maravilla, G.R. No. L-18799, March 31, 1964; (2)
Hilado, et. al. v. CA, G.R. No. 164108, May 8, 2009)

C. Appeals of special proceedings cases (§1, Rule 109)

1. When only notice of appeal is required

2. When both notice of appeal and record on appeal is required

3. Period to make an appeal

(CASE/S: (1) Zayco & Hinlo, etc. v. Hinlo, Jr., G.R. No. 170243, April 16,
2008; (2) Republic of the Philippines v. Nisaida Sumera Nishina, etc., G.R.
No. 186053, Nov. 15, 2010; (3) Chipongian v. Benitez-Lirio, 768 SCRA 204
[2015])

D. Sources of Special Proceedings

1. Rules 73 to 109
2. Rep. Act No. 9048, as amended by Rep. Act No. 10172
3. Summary Judicial Proceedings Under the Family Code of the Philippines
(Title XI, Arts. 238 to 253)

4. Other Special Proceedings Cases Under the Family Code of the

Philippines (Arts. 42, 69, 73, 96 and 124, 223, and 225)

(CASE/S: (1) Republic v. Narceda, G.R. No. 182760, April 10, 2013)

5. Special Proceedings Cases Under Rep. Act No. 8369 or the Family Courts
Act of 1997
6. Proceedings Under PD No. 1083 or the Child and Youth Welfare Code,
Rep. Act No. 7610 or the Child Abuse Act, and Rep. Act No. 7658 or the
Child Employment Act
7. Rep. Act No. 8043 or the Inter-Country Adoption Act
8. Voluntary and Compulsory Rehabilitation of a Drug Dependent under
Rep. Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002
9. A.M. No. 07-9-12-SC or the Rule on the Writ of Amparo
10. A.M. No. 08-1-16-SC or the Rule on the Writ of Habeas Data
11. Others

E. Jurisdiction of Family Courts

PART TWO: SETTLEMENT OF ESTATE OF DECEASED PERSONS (RULES 73 to

90)
I. Jurisdiction v. Venue in Special Proceedings (Rule 73)

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A. Jurisdiction

(CASE/S: (1) Garcia v. Fule, 74 SCRA 189 [1976]; (2) Cuenco v. CA, 53
SCRA 36 [1973])

B. Venue (§1, Rule 73)

1. Meaning of “resides”

(CASE/S: (1) Garcia-Fule v. CA, G.R. No. 40502, November 29, 1976)

II. Rule on liquidation of the conjugal/community property of a deceased spouse v. Rule

on liquidation of the conjugal/community property if both spouses are deceased
(§2, Rule 73)

III. Power of Probate Courts to Issue Warrants and Court Processes (§3, Rule 73)

IV. Rule on Presumption of Death (§4, Rule 73)

V. Summary Settlement of Estates (Rule 74)

A. Kinds

1. Extrajudicial Settlement Thru a Public Instrument

2. Agreement in an Ordinary Action of Partition
3. Affidavit of Self-Adjudication
4. Settlement of Estates of Small Value

(CASE/S: (1) Benatiro v. Heirs of Cuyos, G.R. No. 161220, July 20, 2008; (2)
Reillo v. San Jose, G.R. No. 166393, June 18, 2009)

B. Common Requisites
C. Peculiar Requisites
D. Common Remedies of an Excluded Heir, Interested Party, and Creditor (§4,
Rule 74)
E. Additional Remedies Exclusive to Excluded Heirs
F. Remedies of an Excluded Minor / Incapacitated Person / Prisoner / Person
Outside of the Country (§5, Rule 74)

VI. Settlement of Estate of Deceased Persons: General Concepts

A. Kinds

1. With letters testamentary

2. With letters of administration

B. Extent of jurisdiction of probate court

(CASE/S: (1) Ramos v. CA, G.R. No. 42108, Dec. 29, 1989)

C. Issues that may be resolved by the probate court

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(CASE/S: (1) Romero v. CA, G.R. No. 188921, April 18, 2012; (2) Heirs of
Ypon v. Ricaforte, et. al., G.R. No. 198680, July 8, 2013; (3) Reyes v.
Mosqueda, G.R. No. L-45262, July 23, 1990; (4) De Leon v. CA, G.R. No.
128781, Aug. 6, 2002; (5) Agtarap v. Agtarap, G.R. No. 177099, June 8,
2011)

VII. Probate of Wills: Allowance or Disallowance of Will (Rules 75 to 77)

A. Concept of Probate

B. Power and Duties of a Probate Court

1. Orders the probate of will (§3, Rule 77)

2. Grants letters of administration (§5, Rule 79)
3. Supervises and controls all acts of administration
4. Hears and approves claims against the estate (§11, Rule 86)
5. Orders payment of lawful debts (§11, Rule 88)
6. Authorizes sale, mortgage, or any encumbrance of real estate (§2, Rule 89)
7. Directs the delivery of the estate to those entitled thereto (§1, Rule 90)
8. Issue warrants and processes (§3, Rule 73)

C. Time to Submit to the Court the Will (§§2 to 5, Rule 75)

D. Who may Petition for the Probate of Wills (§1, Rule 76)

E. Contents of the Petition for the Allowance of a Will (§2, Rule 76)

1. Meaning of jurisdictional facts

F. Rules on Publication and Posting (§§3 to 5, Rule 76)

(CASE/S: (1) Vda. De Chua v. CA, G.R. No. 116835, March 5, 1998)

G. Rule on the Probate of Lost or Destroyed Will (§6, Rule 76)

H. Disallowance a Will; Grounds (§§9 to 12, Rule 76)
I. Reprobate of Wills: Requisites (Rule 77)

(CASE/S: (1) De Perez v. Tolete, G.R. No. 76714, June 2, 1994)

VIII. Letters Testamentary and Letters of Administration (Rules 78 to 85)

A. Who are Incompetent to Serve as Executors and Administrators (§1, Rule 78)

1. Meaning of “antagonistic interest”

(CASE/S: (1) Medina v. CA, G.R. No. L-34760, Sept. 28, 1973)

B. Rules on Appointment of Executor (§§2 to 5, Rule 78)

C. Rules on Appointment of Administrators

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1. Order of priority in the appointment (§6, Rule 78)

(CASE/S: (1) In re: Intestate Estate of Aguinaldo-Suntay, et. al. v.

Cojuangco-Suntay; (2) Zayco v. Hinlo, Supra.; (3) Garcia-Fule v. CA,
Supra.)

2. Appointment of Special Administrator (§1, Rule 80)

2.1. Qualifications
2.2. Powers and duties of special administrator (§3, Rule 80)
2.3. Grounds for Removal

(CASE/S: (1) Ocampo v. Ocampo, G.R. No. 187879, July 5, 2010)

2.4. Termination of special administration and its consequences

D. Contents of a Petition for Letters of Administration (§2, Rule 79)

(CASE/S: (1) Vda. De Manalo v. CA, G.R. No. 129242, January 16, 2001)

E. Powers and Duties of an Executor and Administrators (Rule 84)

F. Rule on the Inventory and Appraisal and Provision for Support of Family
(Rule 83)
G. Grounds for the Revocation, Removal, and Resignation of
Administrator/Executor

H. Sale, Mortgages, and Other Encumbrances of Property of Decedent (Rule 89)

1. Questions on Title

2. Sales and Mortgages

2.1. When can it be approved

2.2. Regulations

(CASE/S: (1) Heirs of Pedro Escanlar v. CA, 281 SCRA 176 [1997];
(2) Opulencia v. CA, G.R. No. 125835, July 30, 1998; (3) Caubang v.
Crisologo, 749 SCRA 563 [2015])

IX. Actions that Survive that may be Proceeded by the Executor/Administrator v. Actions
that Do Not Survive that may not be Proceeded by the Executor/Administrator
(Rule 87)

X. Actions that may be Commenced Against the Executor/Administrator v. Actions that

may be Commenced by the Executor/Administrator

A. When Heirs May Sue for Recovery of Real Property

(CASE/S: (1) Rioferio v. CA, G.R. No. 129008, Jan. 13, 2004)

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XI. Payment of Debts of the Estate (Rule 88)

A. If estate is sufficient v. insufficient

B. If there is a provision in the will

C. Other rules

1. Personalty chargeable first, then realty (§3, Rule 88)

2. Estate to be retained to meet contingent claims (§4, Rule 88)
3. Contributive shares of the heirs and other testamentary heirs in case they
have been in possession of property before actual payment of debts and
expenses
4. Order of payment if estate is insolvent (§7, Rule 88)
5. Exceptions to the rule that probate courts cannot issue writs of execution
for payment of debts of the estate

(CASE/S: (1) Pastor, Jr. v. CA, G.R. No. L-56340, June 24, 1983)

XII. Money Claims Against the Estate (Rule 86)

A. Notice requirement

B. Claims which can be filed

1. Statute on non-claims; exceptions

C. Rule on solidary v. joint obligation of the decedent

D. Remedies of a mortgage creditor upon the death of the mortgagor
E. Rule re: the Executor or Administrator being a claimant

F. Rule re: filing

1. Contents
2. Notice
3. Answer of executor/administrator
4. Rule when executor/administrator admits the claim

XIII. Distribution and Partition of Estate (Rule 90)

A. Concept of Administration
B. When Distribution is Made

C. Partition

1. Project of Partition
2. Final Order of Partition
3. Recording of Partition
D. Requisites in Order to Consider Settlement Closed

E. Grounds to Set Aside Final Liquidation

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(CASE/S: (1) Vda. De Alberto v. CA, G.R. No. L-29759, May 18, 1989; (2)
Ralla v. Judge Untalan, G.R. Nos. L-63253-54, April 27, 1989)

PART THREE: ESCHEATS (RULE 91)

I. Concept of Escheat (§1, Rule 91)

(CASE/S: (1) Rizal Commercial Banking Corporation v. Hi-Tri Development

Corporation & Luz Bakunawa, G.R. No. 192413, June 13, 2012; (2) RP v. CA &
Solano, G.R. No. 143483, January 31, 2002)

II. Requisites for Filing

(CASE/S: (1) City of Manila v. Archbishop of Manila, G.R. No. 10033, August
30, 1917)

III. Effects of Judgment in Escheat Proceedings

(CASE/S: (1) RP v. CA & Solano, Supra.)

IV. Circular No. 928 Series of 2016

V. Escheatment of Dormant Bank Accounts (P.D. No. 679, April 2, 1975)

PART FOUR: GENERAL GUARDIANS AND GUARDIANSHIP (RULES 92 to 97)

AND GUARDINASHIP UNDER ADMIN. MATTER NO. 03-02-05 SC
I. Concept of Guardianship

A. Natural guardian v. judicial guardian

1. When parents are guardians of the person and property of their children under
the Family Code of the Philippines

(CASE/S: (1) Oropesa v. Oropesa, G.R. No. 184528, April 25, 2012; (2)
Gorostiaga v. Sarte, 68 Phil. 4)

II. Concept of Incompetents

(CASE/S: (1) Oropesa v. Oropesa, G.R. No. 184528, April 25, 2012; (2)
Alamayri v. Pabale, G.R. No. 151243, April 30, 2008)

III. Rules on Venue in Filing a Petition for Guardianship

IV. Who May File a Petition for Guardianship

V. Contents of the Petition for Guardianship

VI. Procedure

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VII. Consequences of Grant or Denial of the Petition

VIII. Significance of the Guardian’s Bond

IX. Rule on Sale or Encumbrance of Ward’s Real Property

X. General Powers and Duties of a Guardian (Rule 96)

XI. Grounds for Removal of a Guardian

PART FIVE: TRUSTEES

I. Concept
A. Testamentary trust v. living trust
B. Parties to a trust
C. Kinds
1. Revocable v. irrevocable
2. Express v. implied
3. Resulting v. constructive
D. Repudiation of trust
(CASE/S: (1) Cañezo v. Rojas, G.R. No. 148788, November 23, 2007; (2)
Lorzano v. Tabayag, Jr., G.R. No. 189647, February 6, 2012)

II. Purpose
III. Rules on the Appointment of a Trustee
IV. Rules on the Appointment of a New Trustee in lieu of a Previous One
V. Rules on the Removal and Resignation of a Trustee

PART SIX: ADOPTION

I. Who are Qualified to Adopt Under Rep. Act No. 8552 or the Domestic Adoption Act
of Filipino Children”

A. For Filipino citizens

B. For non-Filipino citizens

II. Effects of Adoption under the Domestic Adoption Act

III. Contents of the Petition of Adoption

A. Required consent

IV. Procedure in Adoption

A. Intervention of the DSWD

B. Temporary parental authority
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C. Decree of adoption

PART SEVEN: CUSTODY of MINORS

I. Who Can File the Petition

II. Special Provisional Remedies

(CASE/S: (1) Madriñan v. Madriñan, G.R. No. 159374, July 12, 2007)

PART EIGHT: HABEAS CORPUS

I. Concept

A. Constitutional basis and safeguards

(CASE/S: (1) Barcelon v. Baker, 5 Phil. 87 [1905]; (2) Montenegro v. Castañeda,

91 Phil. 882 [1949]; (3) Lansang v. Garcia, G.R. No. L-33964, Dec. 11, 1971; (4)
Aquino v. Enrile, G.R. No. L-35546, Sept. 17, 1974; (5) Garcia-Padilla v. Enrile,
G.R. L-61388, April 20, 1983; (6) Lagman, et. al. v. Medialdea, et. al., etc. G.R.
Nos. 231658, 231771, & 231774, July 4, 2017)

B. Peremptory writ v. preliminary citation

(CASE/S: (1) Lee Yick Hon v. Insular Collector of Customs, G.R. No. L-16779,
March 30, 1921)

C. Writ of habeas corpus v. privilege of the writ of habeas corpus

D. Function and Scope

(CASE/S: (1) In the Matter of the Petition for Habeas Corpus of Benjamin
Vergara, et. al. v. Hon. Gedorio, Jr., G.R. No. 154037, April 30, 2003; (2) In the
Matter of the Petition for Habeas Corpus of Datukan Malang Salibo v. Warden,
Quezon City Jail Annex, etc., 755 SCRA 296 [2015])

E. Grounds for Relief

F. Power to Grant and Enforceability
G. Who may file

(CASES: (1) Thornton v. Thornton, G.R. No. 154598, August 16, 2004)

II. Requisites for Filing

III. Form and Contents of the Petition

IV. Form and Contents of the Return

(CASE/S: (1) Saulo v. Cruz, G.R. No. L-15474, August 31, 1960)

V. Procedure

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VI. Habeas Corpus as a Post-Conviction Remedy

(CASES: (1) In re: The Writ of Habeas Corpus for Reynaldo de Villa, etc. v. The
Director, New Bilibid Prisons; (2) Chua v. CA, et. al., G.R. No. 163108, Feb. 23,
2005; (3) Caballes v. CA, et. al., G.R. No. 163108, February 23, 2005)

PART NINE: AMPARO

I. Concept

A. Constitutional basis and safeguards

B. Vs. Mexican Writ of Amparo

C. Function, Scope, and Coverage

1. Meaning of extra-legal killings and enforced disappearances

D. Who may file

E. When and where to file

II. Requisites of Filing

III. Effects and Implications of Filing

IV. Effects and Implications of Consolidation of Criminal Case with the Petition for
Amparo

V. Form and Contents of the Petition

VI. Interim Reliefs

A. Temporary Protection Order

B. Inspection Order
C. Production Order
D. Witness Protection Order

VII. Procedure
VIII. Prohibited Pleadings

(CASE/S: (1) Sec. De Lima, et. al. v. Gatdula, G.R. No. 204528, Feb. 19, 2013;
(2) Navia, et. al. v. Pardico, G.R. No. 184467, June 19, 2012; (3) Reyes v.
Gonzales, et. al., G.R. No. 182161, Dec. 3, 2009; (4) Razon, etc. et. al. v. Tagitis
etc., G.R. No. 182498, June 22, 2010; (5) Lozada, et. al. v. Gloria Macapagal-
Arroyo, et. al., G.R. No. 184379-80, April 24, 2012; (6) In the Matter of the
Petition for the Writ of Amparo & Habeas Data in favor of Noriel Rodriguez, etc.
v. Gloria Macapagal-Arroyo, G.R. No. 191805 and 193160, November 11, 2011;
(7) Sec. of National Defense etc. v. Manalo & Manalo, G.R. No. 180906, Oct. 7,
2008; (8) Balao, et. al. v. Gloria Macapagal-Arroyo, et. al., G.R. No. 186050,
Dec. 13, 2011)

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PART TEN: HABEAS DATA

I. Concept

A. Complimentary to habeas corpus and amparo

B. Who can file
C. Where to file and what court

II. Requisites of Filing

III. Effects and Implications of Filing
IV. Effects and Implications of Consolidation of Criminal Case with the Petition for
Amparo
V. Form and Contents of the Petition
VI. Procedure

VII. Prohibited Pleadings

(CASE/S: (1) In the Matter of the Petition for the Writ of Amparo & Writ of
Habeas Data in favor of Francis Saez v. Gloria Macapagal-Arroyo; G.R. No.
183533, September 25, 2012; (2) In the Matter of the Petition for the Writ of
Amparo & Writ of Habeas Data in favor of Melissa Roxas v. Gloria Macapagal-
Arroyo, G.R. No. 189155, Sept. 7, 2010; (3) Gamboa v. Chan, G.R. No. 193636,
July 24, 2012; (4) MERALCO v. Lim, G.R. No. 184768, Oct. 5, 2010)

PART ELEVEN: ABSENTEE

I. Concept, Purpose and Scope
II. When to File
III. Form and Contents of the Petition
IV. Procedure
V. Effects when granted

(CASE/S: (1) Rep. of the Phils. v. Granada, G.R. No. 187512, June 13, 2012)

PART TWELVE: CHANGE OF NAME (RULE 103)

I. Concept, Purpose and Scope

A. What court has jurisdiction

II. Who Can File and Grounds for Filing

(CASE/S: (1) Yap v. Rep. of the Phils., 27 SCRA 114; (2) In the Matter of Change of
Name of Yap Ek Siu v. Rep. of the Phils., April 28, 1969)

III. Form and Contents of the Petition

IV. Procedure
VI. Effects when granted

(CASE/S: (1) Rep. of the Philippines v. Uy, G.R. No. 198010, August 12, 2013;
(2) Yasin v. Judge, Shari’ah District Court, G.R. No. 94986, February 23, 1995;

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(3) Republic v. IAC, G.R. No. L-70513, Oct. 13, 1986; (4) Padilla v. Republic,
G.R. No. L-28274, April 30, 1982; (5) Calderon v. Republic, G.R. No. L-55538,
March 15, 1982; (6) In the Matter of the Change of Name of Gertrudes Josefina
del Prado, etc. v. Rep. of the Phils., G.R. No. L-18127, April 5, 1967)

PART THIRTEEN: CANCELLATION OR CORRECTIONS OF ENTRY IN THE

CIVIL REGISTER (RULE 108 / Rep. Act No. 9048 as amended by Rep. Act No. 10172)

I. Concept, Purpose and Scope

A. What court has jurisdiction

B. Substantive basis

C. Substantial and controversial alterations v. Clerical and typographical error

1. Nature of proceedings under Rep. Act No. 9048, as amended by Rep. Act No.
10172 v. Rule 108

2. Meaning of clerical error

(CASE/S: (1) Rep. of the Phils. v. Lugsanay Uy, G.R. No. 198010, Aug. 12,
2013; (2) Rosales v. Castillo-Rosales, G.R. No. L-31712, Sept. 28, 1984; (3)
Lee v. CA, G.R. No. 118387, Oct. 11, 2001; (4) Silverio v. Rep., G.R. No.
174689, Oct. 22, 2007; (5) Rep. of the Phils. v. Cagandahan, G.R. No. 16676,
Sept. 12, 2008; (6) Onde v. The Office of the Local Civil Registrar of Las
Piñas City; (7) Rep. of the Phils. v. Mercadera, G.R. No. 186027, Dec. 8,
2010; (8) Rep. of the Phils. v. Kho, et. al., G.R. No. 170340, June 29, 2007; (9)
Rep. of the Phils. v. Coseteng-Magpayo, G.R. No. 189476, February 2, 2011;
(10 Rep. of the Philippines v. Labrador, G.R. No. 132980, March 25, 1999;
(11) Rep. of the Phils. v. Sagun, G.R. No. 187567, Feb. 15, 2012)

II. Who Can File and Grounds for Filing

(CASE/S: (1) Rep. of the Phils. v. Cagandahan, G.R. No. 16676, Sept. 12, 2008; (2)
Silverio v. Rep. of the Phils., G.R. No. 174689, Oct. 22, 2007)

III. Form and Contents of the Petition

IV. Procedure
V. Effects when granted

SPECIAL PROCEEDINGS
PREPARED BY JERICO GAY-YA
UPDATED: JAN. 2018