SPECIAL PROCEEDINGS FEBRUARY 16, 2019

1. What is the quantum of proof needed for the parties to establish their claims?[1]
2. What is the standard of diligence required of the respondent in the performance of a duty? [2]
3. Does the failure on the part of the public official to prove that he observed extraordinary diligence result in the
automatic grant of the privilege of the amparo writ? Explain.[3]
4. What is the writ of habeas date?[4]
5. Where may the petition for a writ of habeas data be filed?[5]
6. What is the territorial extent of the writ of habeas data’s enforceability? [6]
7. Who may file a petition for a writ of habeas data?[7]
8. Should the respondents file a return? If so, within what period? [8]
9. What are the effects of the failure to file the return?[9]
10. What is the procedure for hearing?[10]
11. What are the prohibited pleadings or papers in a writ of habeas data?[11]
12. What is the period and mode of appeal from a judgment in a writ of habeas data case? To what court is the appeal
taken?[12]
13. When may a hearing in chambers be conducted?[13]
14. What is the effect of the filing of a criminal action? Explain.[14]
15. Chose the best answer. Sandiganbayan exercises concurrent jurisdiction with the SC and CA over:[15] (a) Petitions for
writ of certiorari and prohibition; (b) petition for writ of habeas corpus; (c) petition for quo warranto; and (d) petition for
writ of amparo and habeas corpus.
16. What is the statutory basis of Rule 103?[16]
17. What is the jurisdiction and venue for the special proceeding for change of Name?[17]
18. Can an alien file a petition for change of name? Explain.[18]
19. Chose the best answer. Which of the following is not a special proceeding? [19] (a) Absentees; (b) Escheat; (c) Change
of name; and (d) Constitution of family home.
20. What is the name that may be changed under R103?[20]
21. May a change of name be effected administratively?[21] Explain.
22. May a change of first name be administratively done?[22] Explain?
23. What about petition for change of first name, where will it be filed? [23]
24. What are the valid grounds for a change of name? 5 points.[24]
25. Are the above-enumeration exclusive? Explain.[25]
26. Should the LCR be impleaded in a petition for change of name under R103? Explain. [26]
27. What does a person’s name under our law consist of?[27]
28. What is the real name of the person?[28] Explain.
29. Discuss the nature of the Petition for change of name.[29]
30. A was adopted by B and C when A was only a toddler. Later on in his life, A filed with the RTC a petition for change
of name under R 103 of the Rules of Court, as he wanted to reassume the surname of his natural parents because the
surname of his adoptive parents sounded offensive and was seriously affecting his business and social life. The adoptive
parents gave their consent to the petition for change of name. May a file a petition for change of name? If the RTC grants
the petition for change of name, what, if any, will the effect on the respective relations of A with his adoptive parents and
with his natural parents?[30] Discuss.
31. May a petition for adoption include a petition for change of the adoptee’s first name or is the change of name limited
only to the adoptee’s surname? Explain.[31]
32. P filed a petition for change of name with the RTC which the latter granted. The OSG appealed from the decision by
filing a notice of appeal with the RTC. P moved to dismiss the appeal on the ground that a record on appeal is required in
appeals in special proceedings. Should the appeal be dismissed? Explain.[32]
33. Arman, 29, John, 18 and Fe, 17 are the children of Lorna and Ramon. Lorna and Ramon filed a petition for the
correction of entries in the birth certificate of Fe. Impleaded in the petition was the local civil registrar. Fe did not join in
the petition. Do you think the petition be granted?[33] Explain.
34. What is the statutory basis of R108?[34]
35. Who may file a petition for cancellation or correction of entries in the civil registry? [35]
36. Who must the parties in the proceeding?[36]
37. May the court grant a petition under Rule 108 to change the gender of a person from “Female” to “Male” by reasons
of congenital adrenal hyperplasia (CAH)?[37] Explain.
38. What is congenital adrenal hyperplasia (CAH)?[38]
39. What are the principles laid down by the Supreme Court in the case of Republic vs. Cagandahan (GR No. 166676,
September 12, 2008)?[39]
40. Hades, an American citizen, through a dating website, got acquainted with Persephone,
a Filipina. Hades came to the Philippines and proceeded to Baguio City where Persephone
resides. Hades and Persephone contracted marriage, solemnized by the
Metropolitan Trial Court judge of Makati City. After the wedding, Hades flew back to California, United
States of America, to wind up his business affairs. On his return to the Philippines, Hades
discovered that Persephone had an illicit affair with Phanes. Immediately, Hades returned to the United States
and was able to obtain a valid divorce
decree from the Superior Court of the County of San Mateo, California, a court of competent jurisdiction
against Persephone. Hades desires to marry Hestia, also a Filipina, whom he met at Baccus Grill in Pasay
City. (A) As Hades' lawyer, what petition should you file in order that your client can avoid prosecution for bigamy if he
desires to marry Hestia?[40]
41. In what court should you file the petition?[41]
42. What is the essential requisite that you must comply with for the purpose of establishing jurisdictional
facts before the court can hear the petition?[42]
43. Juliet invoking the provisions of the Rule on Violence Against Women and their Children filed with the
RTC designated as a Family Court a petition for issuance of a Temporary Protection Order
(TPO) against her husband, Romeo. The Family Court
issued a 30-day TPO against Romeo. A day before the expiration of the TPO, Juliet
filed a motion for extension. Romeo in his opposition raised, among others, the
constitutionality of R.A. 9262 (The VAWC Law) arguing that the law authorizing the issuance of a TPO
violates the equal protection and due process clauses of the 1987
Constitution. The Family Court judge, in granting the motion for extension of the TPO, declined to rule on
the constitutionality of R.A. No. 9262. The Family Court judge reasoned that Family Courts
are without jurisdiction to pass upon constitutional issues, being a special court of limited jurisdiction and R.A. No.
8369, the law creating the Family Courts, does not provide for such jurisdiction. Is the Family Court judge
correct when he declined to resolve the constitutionality of R.A. No. 9262? [43]
44. Mary Jane met Shiela May at the recruitment agency where they both applied for overseas employment. They
exchanged pleasantries, including details of their personal circumstances. Fortunately, Mary Jane was deployed to work
as front desk receptionist at a hotel in Abu Dhabi where she met Sultan Ahmed who proposed marriage, to which she
readily accepted. Unfortunately for Shiela May, she was not deployed to work abroad, and this made her envious of Mary
Jane. Mary Jane returned to the Philippines to prepare for her wedding. She secured from the National Statistics Office
(NSO) a Certificate of No Marriage. It turned out from the NSO records that Mary Jane had previously contracted marriage
with John Starr, a British citizen, which she never did. The purported marriage between Mary Jane and John Starr
contained all the required pertinent details on Mary Jane. Mary Jane later on learned that Shiela May is the best friend of
John Starr. As a lawyer, Mary Jane seeks your advice on her predicament. What legal remedy will you avail to enable Mary
Jane to contract marriage with Sultan Ahmed?[44] Explain.
45. When will the provisional orders be issued in cases of declaration of absolute nullity of a void marriage or for
annulment of voidable marriage and legal separation?[45] Explain.
46. May the protection orders under the Rule on Provisional Orders be enforced without requiring the petitioner to post
a bond?[46] Explain.
47. What will the guiding rules for the court in determining support for the spouses?[47] Enumerate.
48. From where the support of the common children be taken from?[48] Explain.