GROUP 3

REMEDIAL REVIEW SCRIPT:

Mechanics:

 “Family Feud: Law School Edition”

 Game Show
 Two teams – Gryffindor vs. Slytherin
 With timer
 Round 1: Fill me up! (Definitions, fill in the blanks, easy rounds, contains all
topics, 30 seconds per question)
 Round 2: What’s Next? (Procedural Questions: scrabble-type /arrange in correct
order, procedures are already given in screen, 15 seconds per question)
 Round 3: Rule me in! (Contestant will answer with the ruling of the case, 1 minute
per case)

Team Gryffindor

 Bajao – Writ of Amparo, Round 2 No. 2

 Go – Habeas Data, Round 2 No. 1
 Suralta – Change of Name, Round 2 No. 3
 Muti – Absentee, Pambarangay, Case 2
 Omisol – Cancellation, JAR, Case 1

Team Slytherin

 Barbarona – Writ of Amparo, Round 2 No. 2

 Lomondaya – Absentee, Pambarangay, Case 2
 Bunco – Change of Name, Round 2 No. 3
 Faelnar – Habeas Data, Round 2 No. 1
 Sia – Cancellation, JAR, Case 1

INTRODUCTION OF GAME SHOW: 1 minute

ROUND 1: FILL ME UP! [30 seconds each]

WRIT OF AMPARO
QUESTION 1: “What is Writ of Amparo” (Barbarona vs. Bajao)

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.

QUESTION 2: “What is the Supreme Court’s basis in issuing the Rule?

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

QUESTION 3: “What are the interim reliefs available in the Writ of Amparo?” [30 seconds]
1. (TPO) Temporary Protection Order
2. (IO) Inspection Order
3. (PO) Production Order
4. (WPO) Witness Protection Order

HABEAS DATA
QUESTION 1: “What is the nature and scope of Habeas Data?” (Go vs. Faelnar)
The writ of habeas data 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 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.

QUESTION 2: “Who can file the petition?”

Sec. 2 Any aggrieved party may file a petition for the writ of habeas data. However, in
cases of extra-judicial killings and enforced disappearance, the petition may be filed by:
(a) any member of the immediate family of the aggrieved party, namely: the spouse,
children or parents; or
(b) any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph.
QUESTION 3: “What is the effect if a criminal action and a separate civil action is filed after the
petition of Habeas Data is filed?”
If a criminal action is filed subsequent to the filing of a petition for the writ, the petition shall be
consolidated with the criminal action as provided under Section.
If an independent civil action is filed separate from the criminal case, the Petition is
consolidated with the criminal action and not with the civil action.
In any case, the procedure under the rule on habeas data shall govern the disposition of the
reliefs prayed for in a “habeas data motion” filed before the court hearing the criminal case.

CHANGE OF NAME
QUESTION 1: “What are the grounds for Change of Name” (Suralta vs. Bunco)
1. When the name is ridiculous, dishonorable or extremely difficult to write or pronounce;
2. When the change results as a legal consequence such as legitimation;
3. When the change will avoid confusion;
4. When one has continuously used and been known since childhood by a Filipino name,
and was unaware of 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; and
6. When the surname causes embarrassment and there is no showing that the desired
change of name was for a fraudulent purpose or that the change of name would
prejudice public interest.

QUESTION 2: “What are the contents of a petition for Change of Name?”

Petition to change of name shall include the following contents:
TITLE:
1. Official name (birth certificate) – be very particular with the spelling because it may avoid
or annul the proceedings; it is jurisdictional.
2. All aliases;
3. Name asked for.

QUESTION 3: “What is the purpose why alias names must appear in the title or caption in the
petition?”
All the names or aliases must appear in the title or caption of the petition, because the reader
usually merely glances at the title of the petition and may only proceed to read the entire petition
if the title is of interest to him.
ABSENTEES:
QUESTION 1: “What is the purpose of this rule?” (Muti vs. Lomondaya)
So that through a petition an administrator may be appointed over the properties of the
absentee. But, if absentee left no properties, such petition is unnecessary.

QUESTION 2: “Who may file?”

the declaration of his absence and appointment of a trustee or administrator may be
applied for by any of the following (section 2, Rule 107):

(a) The spouse present;

(b) The heirs instituted in a will, who may present an authentic copy of the same;

(c) The relatives who would succeed by the law of intestacy; and

(d) Those who have over the property of the absentee some right subordinated to the
condition of his death.

QUESTION 3: “When to file?”

1. After the lapse of two (2) years from:
a. his disappearance and without any news about the absentee or
b. since the receipt of the last news, or

2. Five (5) years in case the absentee has left a person in charge of the administration of
his property,

CANCELLATION OR CORRECTION OF ENTRIES:

QUESTION 1: “Each one must give at least 5 entries in the civil register that may be cancelled
or corrected upon good and valid grounds” (Sia vs. Omisol)
1. Births,
 2. marriages,
3. deaths,
4. legal separation,
5. Judgement of annulment of marriage,

6. election loss or recovery of citizenship,

7. civil interdiction,
8. judicial determination of filiation,
9. voluntary emancipation of a minor, and
10. change of name.

QUESTION 2: “When is the petition for change of first names or nicknames allowed?”
When such names or nicknames are:
1. ridiculous,
2. tainted with dishonor or extremely difficult to write or pronounce; or
3. the new name or nickname has been used habitually and continuously petitioner and
has been publicly known by that first name or nickname in the community; or
4. the change will avoid confusion.

QUESTION 3: “When are “substantial errors” in a civil registry be corrected?”

If the parties aggrieved by the error avail themselves of the appropriate adversary proceedings.

APPEALS IN SPECIAL PROCEEDINGS:

QUESTION 1: “What are orders that may not be appealable?” ( Bajao v Barbarona)
1. Order directing administrator to take action to recover amount due to the estate;
2. Order made in administration proceedings relating to inclusion or exclusion of items of
property in the inventory of executor or administrator;
3. Order appointing special administrator (Sec. 1, Rule 109).

QUESTION 2: “When do you appeal?”

1. The period of appeal shall be 30 days, a record on appeal being required
2. In habeas corpus cases, the appeal therein must be filed within 48 hours from the
service of judgment.
3. In writ of amparo and habeas data cases, the period of appeal is five (5) working days
from the date of notice of the adverse judgment.
4. In writ of kalikasan, the period of appeal is within 15 days from the notice of adverse
judgment or denial of motion for reconsideration.
QUESTION 3: “What is ‘multiple appeals’ and what is its rationale?”
Appeals in special proceedings are termed “multiple appeals.” The rationale behind
allowing more than one appeal in the same case is to enable the rest of the case to
proceed in the event that a separate and distinct issue is resolved by the court and held to
be final.

KATARUNGAN PAMBARANGAY
QUESTION 1: “Where is the venue in amicable settlements?” (Lomodaya v Muti)

(a) Disputes between persons actually residing in the same barangay shall be brought
for amicable settlement before the lupon of said barangay.

(b) Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complaint.

(c) All disputes involving real property or any interest therein shall be brought in the
barangay where the real property or the larger portion thereof is situated.

(d) Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study, shall be brought in the barangay
where such workplace or institution is located.

QUESTION 2: “When amicable settlements or arbitration awarded?”

The amicable settlement or arbitration award may be enforced by execution by the lupon
within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court

QUESTION 3: “Explain Repudiation in Katarungan Pambarangay”

Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the certification for filing a
complaint as hereinabove provided.

JUDICIAL AFFIDAVIT RULE:

QUESTION 1: “What are the two functions of a JAR?”(Omisol v Sia)
1. Take the place of direct testimonies.
2. Identify and authenticate documentary or object evidence in the case.

QUESTION 2: “What is the scope of the rule?”

All actions, proceedings, and incidents requiring the reception of evidence
QUESTION 3: “Which proceedings need no JAR?”
1. small claims cases falling under A.M. 08-8-7-SC

2. For criminal cases:

a) Those which the maximum penalty imposable does not exceed 6 years;
b) To their civil aspect, regardless of penalty imposed;
c) In any case where the accused agrees to the use of the rule.

[ COMMERCIAL BREAK ]

ROUND 2: PROCEDURE [15 seconds each]

1. Who may file a petition for the issuance of a writ of amparo? And in what order?
(Go v Faelnar)
Answer : (3,2,1)
The petition may be filed by the aggrieved party or by any qualified person or entity in
the following order:
(1) Any concerned citizen, organization, association or institution, if there is no known
member of the immediate family or relative of the aggrieved party.

(2) Any ascendant, descendant or collateral relative of the aggrieved party within the
fourth civil degree of consanguinity or affinity, in default of those mentioned in the
preceding paragraph; or

(3) Any member of the immediate family, namely: the spouse, children and parents of
the aggrieved party;

2. What are the procedural requirements under rule 108 (Cancellation or Correction
of Entries in the Civil Registry) include: (Bajao v Barbarona)
 Answer: (a,e,b,c,d)

(a) filing a verified petition;

(b) naming as parties all persons who have or claim any interest which could be
affected;
(c) issuance of an order fixing the time and place of hearing;
(d) giving reasonable notice to the parties named in the petition; and
(e) publication of the order once a week for three consecutive weeks in a newspaper of
general circulation

3. Contents of the Judicial Affidavit proper: (Suralta v Bunco)

Answer: (C – a – b – d – f – e - g)

a. Questions and answers that elicit facts relevant to the issues;

b. Questions and answers that identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court.
c. Numbered questions and answers, showing personal knowledge of the facts that the
witness is testifying on;
d. Contents of the Attestation by the Examining/Supervising lawyer:
e. Neither he nor any person then present coached the witness regarding his answers;
f. That he faithfully recorded or caused the recording of the questions he asked and the
corresponding answers that the witness gave;
g. A jurat with the signature of the notary public who administers the oath or an officer who
is authorized by law to administer the same.

(A false attestation will subject the erring lawyer to disciplinary actions or even
disbarment.)

[ COMMERCIAL BREAK ]

ROUND 3: RULE ME IN (1 minute per case)

1. WRIT OF AMPARO ( Sia v Omisol)
Facts:
A, a high school student of a christian school, uploaded on Facebook several pictures of her and
her classmates wearing only their undergarments.
Thereafter, some of their classmates reported said photos to their teacher, B.
B, through her students, viewed and downloaded said pictures. She showed the said pictures to
the school's Discipline-in-Charge for appropriate action.
Later, the school found the students to have violated the student’s handbook and banned them
from “marching” in their graduation ceremonies.
Subsequently, A's mother, and the other mothers filed a petition for the issuance of the writ of
habeas data against the school. They argued, among others, that:
1. The privacy setting of their children’s Facebook accounts was set at “Friends Only.” They, thus,
have a reasonable expectation of privacy which must be respected.
ISSUE: Whether or not the petition for writ of habeas data is proper.
HELD: Yes, it is proper but in this case, it will not prosper.
Contrary to the arguments of school, the Supreme Court ruled that:
1. The petition for writ of habeas data can be availed of even if this is not a case of extralegal
killing or enforced disappearance; and
2. The writ of habeas data can be availed of against the school even if it is not an entity engaged
in the business of “gathering, collecting, or storing data or information regarding the person,
family, home and correspondence of the aggrieved party”.
The Supreme Court ruled that if an online networking site (ONS) like Facebook has privacy tools,
and the user makes use of such privacy tools, then he or she has a reasonable expectation of
privacy (right to informational privacy, that is). Thus, such privacy must be respected and
protected.
In this case, however, there is no showing that the students concerned made use of such privacy
tools. Evidence would show that that their post (status) on Facebook were published as “Public”.
Therefore, it appears that the students never use the privacy settings of Facebook hence, they
have no reasonable expectation of privacy on the pictures of them scantily clad.

2. HABEAS DATA (Muti v Lomondaya)

Facts:
Former President Gloria Macapagal-Arroyo issued AO no. 275 “Creating an Independent
Commission to Address Existence of Private Armies in the Country” which will be called the
Zenarosa Commission. Its goal is to eliminate private armies before the May 10, 2010 elections.
The said commission then submitted to the President a report regarding private army groups
(PAG). Gamboa, a mayor of Dingras Ilocos Norte, whose name was included in the report, alleged
that the PNP – Ilocos Norte conducted surveillance operations against her and her aides and
classified her as someone who keeps PAG without the benefit of data-verification. She requested
her name to be removed from the PNP list.
Gamboa then filed a writ for Habeas Data, alleging that her right to privacy was violated. The
PNP, on the other hand, maintained that they acted within the bounds of their mandate in
conducting the investigation and surveillance of Gamboa. The information in their database
pertained to several criminal cases that were charged against the Mayor, in particular, some
cases for murder.
The RTC dismissed the case. Gamboa thus filed this present petition on certioraribefore the
Supreme Court.
Issue:
Whether the dismissal of the petition for writ of Habeas Data was proper.
Ruling:
The dismissal of the petition is proper. The writ of habeas data is an independent and summary
remedy designed to protect the image, privacy, honor, information, and freedom of information of
an individual, and to provide a forum to enforce ones right to the truth and to informational privacy.
It seeks to protect a persons right to control information regarding oneself, particularly in instances
in which such information is being collected through unlawful means in order to achieve unlawful
ends. It must be emphasized that in order for the privilege of the writ to be granted, there must
exist a nexus between the right to privacy on the one hand, and the right to life, liberty or security
on the other.
In this case, it is clear that there are other reliefs available to Gamboa to address the purported
damage to her reputation. This makes a resort to the extraordinary remedy of the writ of habeas
data unnecessary and improper. Moreover, She failed to prove that she will be subjected to
harassment and unnecessary police surveillance because of the report as a result of the
investigations against her.Thus, she failed to establish a connection between a violation of her
right to privacy and a purported violation of her right to life, liberty or security.
It is clear from the foregoing discussion that the state interest of dismantling PAGs far outweighs
the alleged intrusion on the private life of Gamboa, especially when the collection and forwarding
by the PNP of information against her was pursuant to a lawful mandate. Therefore, the privilege
of the writ of habeas data must be denied.