SPECIAL PROCEEDINGS

Below for February 9, 2019

1. After the petition for the appointment of a general guardian is filed, what shall the court do next?[1]
2. Is a case study report required in all petitions for guardianships? Explain.[2]
3. May the social worker intervene in the guardianship case? Explain.[3]
4. May the petition be opposed or contested? Explain.[4]
5. What is the rule on service of final orders or judgments?[5]
6. Is a bond required of guardians? Explain.[6]
7. Are parents who are guardians of their minor child and his property required to furnish a bond? Explain.[7]
8. May a guardian sell or encumber property of the incompetent? Explain.[8]
9. What is the effect if the guardian sells or encumber the ward’s or minor’s property without prior court
authority? Explain.[9]
10. What are the grounds for the grant of authority to the guardian to sell or encumber the estate of the
incompetent? Explain.[10]
11. When the court authorizes the sale of the ward’s property, may this be done in a private sale? Explain.[11]
12. See preceding problem. Will your answer be the same if it is the minor’s property which is to be sold?
Explain.[12]
13. In general, what is the authority of the guardian? Explain.[13]
14. May a guardian pay the debts of the ward? Explain.[14]
15. What proceedings should be taken when a person is suspected of embezzlement or concealing the ward’s
property? Explain.[15]
16. May the guardianship court resolve the issue of title to the property allegedly embezzled, concealed, or
conveyed? Explain.[16]
17. When is guardianship terminated? Explain.[17]
18. The Secretaries of the Department of DSWD and DOH filed a petition in the Family Court for the
guardianship of minor Ramon. After hearing, the petition was granted. Was the court correct? [18]Explain.
19. What is trust?[19]
20. Who is a trustee?[20]
21. Distinguish a trust from guardianship, administration, or executorship.[21]
22. When is the appointment of a trustee under R98 necessary? Explain.[22]
23. Which court appoints the trustee?[23]
24. May a trustee be exempted from the requirement of posting a bond? Explain.[24]
25. What are the conditions included in the bond? 4 points.[25]
26. What is adoption?[26]
27. What governs the procedure for adoption?[27]
28. What is the jurisdiction and venue of an adoption proceeding? Explain.[28]
29. Who may adopt? 2 points.[29]
30. May the residency and certification requirements for an alien be waived? Explain. 3 points.[30]
31. May a guardian adopt his ward? Explain.[31]
32. Is it required that spouses jointly adopt? Explain. [32]
33. Joe, an American citizen, married Vilma, a former Filipino citizen who has an illegitimate child name
Ferlyn. Ferlyn is staying with Vilma’s mother in the Philippines. Vilma wants to adopt Ferlyn and bring her to
the United States. Must Vilma and Joe jointly or Vilma alone adopt Ferlyn? Explain.[33]
34. See preceding problem. Are the requirements on residency and certification applicable to the petition for
adoption of Ferlyn? Explain.[34]
35. See preceding problem and assume that Vilma is a Filipino citizen. Must Vilma and Joe jointly adopt?
Explain.[35]
36. See preceding two problems. Are the requirements on residency and certification applicable to the petition
for adoption of Ferlyn? Explain.[36]
37. See preceding three problems. This time Vilma is a former Filipino who wishes to adopt Ferlyn, her niece.
Must Vilma and Joe jointly adopt Ferlyn?[37]
38. Are the requirements on residency and certification applicable to the petition? Explain.[38]
39. May the petition for adoption pray for the change of name of the adoptee? [39]
40. Is the change of name limited only to the adopter’s surname? Explain.[40]
41. R, an old but rich bachelor, filed a petition for the adoption of D, a one-year-old foundling who had a severe
heart ailment. During the pendency of the adoption proceedings, R died of natural causes. The OSG filed a
motion to dismiss the petition on the ground that the case can no longer proceed because of the petitioner’s
death. Should the case be dismissed? Explain.[41]
42. Preceding problem. Will your answer be the same if D died ahead of R and during the pendency of the
adoption proceedings? Explain.[42]
43. May an adopter rescind the adoption? Explain.[43]
44. May the adoptee rescind the adoption? Explain.[44]
45. Chose the best answer.[45] A and B adopted their nephew. They filed an action for revocation of the adoption
on May 1, 1998 on the ground that their nephew neglected them. Based on the Rules of Domestic Adoption, the
judge must: (a) advise A and B to just disinherit the nephew; (b) disallow the revocation; (c) refer the petition to
the DSWD; and (d) grant the petition.
46. What is the jurisdiction and the venue of the petition for rescission of adoption?[46]
47. What is the writ of habeas corpus?[47]
48. To what cases does the writ of habeas corpus extend?[48]
49. M was charged with the crime of rape of L and was convicted. M and L married each other while M was
serving his sentence. M filed a motion for his release in the court which rendered the decision invoking RA
8353 which provides that the marriage of the victim of rape and the accused will extinguish the criminal
liability of the latter. The court denied the motion on the ground that it has lost jurisdiction over the case. Was
the court correct? Explain.[49]
50. See preceding problem. What is the proper remedy that m may avail of? Explain.[50]
51. Is the remedy of habeas corpus available in the case of forcible taking and disappearance of a person?
Explain.[51]
52. What is a preliminary citation?[52]
53. What is a peremptory writ?[53]
54. Where the parents have joint custody of the child, may one of them avail of the writ of habeas corpus as
against the other? Explain.[54]
55. Is the writ of habeas corpus available to compel a husband to live with his wife? [55]
56. What law governs the writ of habeas corpus in relation to custody of minors?[56]
57. Chose the best answer.[57] C, a convict, was able to get a favorable result of a post-conviction DNA testing
showing that C could not have committed the crime. To gain freedom, C may: (a) File a petition for writ of
habeas corpus before the court of origin; (b) apply for full pardon; (c) file a motion to annul judgment of
conviction on the ground of fraud; and (d) file a motion for new trial under Rule 121.
58. Hercules was walking near a police station when a police officer signaled for him to approach. As soon as
Hercules came near, the police officer frisked him but the latter found no contraband. The police officer told
Hercules to get inside the police station. Inside the police station,*Hercules asked the police officer, "Sir,
may problema po ba?" Instead of replying, the police officer locked up Hercules inside the police
station jail. (A)What is the remedy available to Hercules to secure his immediate release from
detention?[58] Explain. (B) If Hercules filed with the Ombudsman a complaint for warrantless search, as
counsel for the police officer, what defense will you raise for the dismissal of the
complaint?[59] Explain. (C). If Hercules opts to file a civil action against the police officer, will he have
a cause of action?[60] Explain.
59. What is the writ of amparo?[61]
60. When will the respondent file a return after the service of the writ of amparo?[62]
61. May the court where a petition for writ of amparo was filed issue a hold departure order to prevent the
respondent from leaving the country?[63] Explain.
62. The residents of Mt Ahohoy, headed by Masigasig, formed a nongovernmental organization -
Alyansa Laban sa Minahan sa Ahohoy (ALMA) to protest the mining operations of Oro Negro Mining in
the mountain. ALMA members picketed daily at the entrance of the mining site blocking the ingress and egress
of trucks and equipment of Oro Negro, hampering its operations. Masigasig had an altercation with
Mapusok arising, from the complaint of the mining engineer of Oro Negro that one of their trucks was
destroyed by ALMA members. Mapusdk is the leader of the Association of Peace Keepers of Ahohoy (APKA),
a civilian volunteer organization serving as auxiliary force of the local police to maintain peace and order
in the area. Subsequently, Masigasig disappeared. Mayumi, the wife of Masigasig, and the members of
ALMA searched for Masigasig, but all their efforts proved futile. Mapagmatyag, a member of ALMA, learned
from Maingay, a member of APKA, during their binge drinking that Masigasig was abducted by other
members of APKA, on order of Mapusok. Mayumi and ALMA sought the assistance of the local police to
search for Masigasig, but they refused to extend their cooperation. Immediately, Mayumi filed with the
RTC, a petition for the issuance of the writ of amparo against Mapusok and APKA. ALMA also filed a
petition for the issuance of the writ of amparo with the Court of Appeals against Mapusok and APKA.
Respondents Mapusok and APKA, in their Return filed with the RTC, raised among their defenses that they are
not agents of the State; hence, cannot be impleaded as respondents in an amparo petition. (A) Is their
defense tenable?[64] Explain. (B). Respondents Mapusok and APKA, in their Return filed with the Court of
Appeals, raised as their defense that the petition should be dismissed on the ground that ALMA cannot file the
petition because of the earlier petition filed by Mayumi with the RTC. Are respondents correct in raising their
defense?[65] Explain.
63. Distinguish a petition for writ of amparo from an application for a search warrant.[66] (4 points)
64. Is the writ of amparo available if there is a threatened demolition of a dwelling by virtue of a final and
executory judgment?[67] Explain.
65. Where may the petition for writ of amparo be filed?[68]
66. Who may file a petition for issuance of writ of amparo?[69]
67. What is the territorial extent of the writ of amparo’s enforceability?[70]
68. May the President be included as a respondent in a writ of amparo case solely on the basis of command
responsibility?[71] Explain.
69. In a writ of amparo case, the AFP Chief of Staff and the PP Director were included as respondents not
because they were connected with, let alone behind the abduction and harassment of the petitioner, but on the
theory that as commanders, they were responsible for the unlawful acts of their subordinates. May the AFP
Chief of Staff and the PNP Director be included as respondents in a writ of amparo case solely on the basis of
command responsibility?[72] Explain.
70. Should the respondents file a return? If so within what period? [73]
71. What are the interim reliefs available in a writ of amparo case? 4 points.[74]
72. In a petition for WOA, the Justice of the CA did not find the evidence adduced sufficient to hold the AFP
liable but in the interest of human rights and justice, the Justice issued the Inspection Order and directed the
concerned units of the AFP to fully cooperate with the inspection team. Was the Justice correct? [75] Explain.
73. What is the procedure for hearing?[76]
74. What are the prohibited pleadings or papers in a writ of amparo?[77] Enumerate.
75. What is the mode of appeal and mode of appeal from a judgment in a writ of Amparo case? To what court is
the appeal taken?[78]