A M I S T A D : We live to serve!!!

(A 99)
Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

RULE104 VOLUNTARYDISSOLUTIONOF CORPORATIONS ( The Dissolution of Corporations should now be filed with the SEC, and is covered by Secs. 117 to 122 of the Corporation Code of the hilippines !" #$% which too& effect on 'ay 1, 1($). Dissolution * when the corporation ceases to be a +uridical person.
!""#$ Methods of Dissolution. , corporation for-ed or or.ani/ed under the provisions of this Code -ay be dissolved voluntarily or involuntarily.

personal delivery at least 9) days prior to said -eetin.. , copy of the resolution authori/in. the dissolution shall be certified by a -a+ority of the "7D or trustees and counter*si.ned by the secretary of the corporation. The SEC shall thereupon issue the certificate of dissolution.

NOTES: %0 1ow do directors and stoc&holders vote2 A0 "oth issue their respective resolutions duly adopted by affir-ative votes of the re<uired no. !"7D*-a+ority: S1*289 7CS% %0 ublication for 9 consecutive wee&s2 A0 ,ctually, once a wee& for three consecutive wee&s. This is the co--on re<=t in procedure. !'aybe an oversi.ht or already considered understood.% %0 What is the resident=s role here2 A0 The resident si.ns the >esolution.
! ""'$ Voluntary dissolution where creditors are affected. Where the dissolution of a corporation -ay pre+udice the ri.hts of any creditor, a petition for dissolution shall be filed with the SEC. The petition shall be si.ned by a -a+ority of its "7D or trustees or other officers havin. the -ana.e-ent of its affairs, verified by its president or secretary or one of its directors, or trustees, and shall set forth all clai-s and de-ands a.ainst it, and that its dissolution was resolved upon the affir-ative vote of the stoc&holders representin. at least 289 of the outstandin. capital stoc& or by at least 289 of the -e-bers, at a -eetin. of its stoc&holders or -e-bers called for that purpose.

NOTES : %0 1ow -any ways are there to dissolve a corporation2 A0 Two ways**voluntary 3 involuntary. %0 1ow -any ways of dissolvin. voluntarily2 A0 Three0 4oluntary dissolution where no creditors are affected !Sec. 11$% 4oluntary dissolution where creditors are affected !Sec. 11(% Dissolution by shortenin. corporate ter!Sec. 12)%
!""&$ Voluntary dissolution where no creditors are affected$ 5n case dissolution of a corporation does 67T pre+udice the ri.hts of any creditor havin. a clai- a.ainst such corporation, then such dissolution -ay be effected by -a+ority vote of the "7D or trustees, and by a resolution duly adopted by the affir-ative vote of the stoc&holders ownin. at least 289 of the outstandin. capital stoc& or of at least 289 of the -e-bers at a -eetin. to be held upon call of the dirs. or trustees after publication of the notice of the ti-e, place and ob+ect of the -eetin. for 9 consecutive wee&s in a newspaper published in the place where the principal office of said corporation is located: and if no newspaper is published in such place, then in a newspaper of ;eneral circulation in the hilippines, !after sendin. such notice to each stoc&holder or -e-ber either by re.istered -ail or '"

5f the petition is sufficient in for- and substance, the Co--ission shall, by an 7>DE> recitin. the purpose of the petition, fi? a date on or before which ob+ections thereto -ay be filed by any person, which date shall not be less than 9) days nor -ore than #) days after the entry of the order. "efore such date, a copy of the order shall be published at least once a wee& for 9 consecutive wee&s

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

in a newspaper of ;eneral circulation ! published in the -unicipality or city where the principal office of the corporation is situated, or if there be no such newspaper, then in a newspaper of ;eneral circulation in the hils.,

and a si-ilar copy shall be posted for 9 consecutive wee&s in 9 public places in such -unicipality or city. @pon A days notice, ;iven ,BTE> the date on which the ri.ht to file ob+ections as fi?ed in the order has e?pired, the Co--ission shall proceed to hear the petition and try any issue -ade by the ob+ections filed: and 5B no such ob+ection is sufficient, ,6D the -aterial alle.ations of the petition are true, it !Co--ission% shall render +ud.-ent dissolvin. the corporation and directin. such disposition of its assets as +ustice re<uires, and -ay appoint a receiver to collect such assets and pay the debts of the corporation.

SEC corpo dissolves upon approval 5f e?piration date is after approval by SEC corpo dissolves on the date of e?piration of ter5f the SEC does not act on petition within # -os. fro- the date of filin. !Sec. 1#, Corpo Code% corpo dissolves either on the day after the #*-o. pd. !if date of e?piration was within the #*-o. pd.% or on the date of e?piration of ter- !if date is after the #*-o. pd.%.

NOTES: Cust note that the date fi?ed is a deadline, on or before which ob+ections to the petition -ay be filed.
! "()$ Dissolution by shortening of corporate term. A voluntary dissolution -ay be effected by a-endin. the ,75 to shorten the corporate ter- pursuant to the provisions of this Code. , copy of the a-ended ,75 shall be sub-itted to the SEC in accordance with this Code. @pon approval of the a-ended ,75 or the e?piration of the shortened ter-, as the case -ay be, the corporation shall be dee-ed dissolved without any further proceedin.s, sub+ect to the provisions of this Code on li<uidation.

e...0 Date filed *etition0 Can. 1, 1(($ +*iration of Shortened Term0 'ay 1, 1(($ , mos$ ends on0 Culy 1, 1(($ 1% 5f approved by SEC on ,pril 1 Dissolution on 'ay 1 !e?p. 7f shortened ter-% 2% 5f approved on 'ay 1A Dissolution on 'ay 1A !date of approval% 9% 6ot acted upon within # -os. Dissolution on Culy 2 !day after the # -o. pd% ! 6ote that failure of the SEC to act on the petition within # -onths, as conte-plated by above rules, -ust not be due to the fault of corporation.
! "(($ -or*orate .i/uidation$ Every corporation whose charter e?pires by its own li-itation or is annulled by forfeiture or otherwise, or whose corporate e?istence for other purposes is ter-inated in any other -anner, shall nevertheless be continued as a body corporate for 9 years after the ti-e when it would have been so dissolved, for the purpose of prosecutin. and defendin. suits by or a.ainst it enablin. it to settle and close its affairs, to dispose of and convey its property and to distribute its assets, "@T 67T for the purpose of continuin. the business for which it was established. ,t any ti-e durin. said 9 years, said corporation is authori/ed and e-powered to convey all of its property to trustees for the benefit of stoc&holders, -e-bers, creditors, and other persons in interest. '(

NOTES: %0 When is the corporation dee-ed dissolved2 A0 Two instances0 1. @pon approval of the ,-ended ,75, 7> 2. the e?piration of the shortened ter,ctually, the ff. are the rules0 5f e?piration date is before approval by

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

Bro- and after any such conveyance by the corporation of its property in trust for the benefit of its stoc&holders, -e-bers, creditors, and others in interest, all interest which the corporation had in the property ter-inates, the le.al interest vests in the trustees, and the beneficial interest in the stoc&holders, -e-bers, creditors, and other persons in interest. @pon the W56D56; @ of the corporate affairs, any asset distributable to any creditor or stoc&holder or -e-ber who is un&nown or cannot be found shall be escheated to the city or -unicipality where such assets are located. E?cept by decrease of capital stoc& and as otherwise allowed by this Code, no corporation shall distribute any of its assets or property e?cept upon lawful dissolution and after pay-ent of all its debts and liabilities.

The B7>' is prescribed by ,rt. 27$ of the 6CC0 >EC7;65T576 shall be -ade in the record of birth a will a state-ent before a court of record or in any authentic writin.. Cudicial approval is needful if the reco.nition of the -inor is effected, not throu.h a record of birth or in a will but thorou.h a state-ent in a court of record or an authentic docu-ent. 5n any case, the individual reco.ni/ed can i-pu.n the reco.nition within F years followin. the attain-ent of -a+ority. ,rt. 2$1 !2% of the 6CC provides0 When the reco.nition of a -inor D7ES 67T ta&e place in a >EC7>D of "5>T1 or in a W5DD, Cudicial ,pproval is 6ecessary. The action -ust be brou.ht within the sa-e period specified in ,rt. 179, BC, e?cept when the action is based on the second para.raph of ,rt. 172, in which case the action -ay be brou.ht durin. the lifeti-e of the alle.ed parent. Art. 173, FC. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be trans-itted to the heirs should the child die durin. -inority or in a state of insanity. 5n these cases, the heirs shall have a period of A years within which to institute the action. The action already co--enced by the child shall survive notwithstandin. the death of either or both of the parties. ,rt. 172. The filiation of le.iti-ate !or ille.iti-ate% children is established by any of the followin.0 !1% The >ecord of "irth appearin. in the Civil re.ister or a final +ud.-ent: or !2% ,n ad-ission of le.iti-ate filiation in a public docu-ent or a private handwritten instru-ent and si.ned by the parent concerned.
'7

NOTES: %0 Bor what purpose is the continuation as a body corporate2 A0 Bor purpose of windin. up.
"("$ In oluntary dissolution. , corporation -ay be dissolved by the SEC upon filin. of a verified co-plaint and after proper notice and hearin. on ;rounds provided by e?istin. laws, rules and re.ulations.

RULE105 JUDICIALAPPROVAL OF VOLUNTARYRECOGNITION OF MINORNATURALCHILDREN Se0$ "$ Venue.$$ Where +udicial approval of a voluntary reco.nition of a -inor natural child is re<uired, such child or his parents shall obtain the sa-e by filin. a petition to that effect with the >TC in which the child resides. 1. M A1I12 3F R -321ITI31 43.51TAR6

47D@6T,>E >EC7;65T576 is an ad-ission of the fact of paternity or -aternity by the presu-ed parent, e?pressed in the forprescribed by the 6CC. 5ts essence lies in the avowal of the parent that the child is his: the for-ality is added to -a&e the ad-ission incontestable, in view of its conse<uences.

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

5n the absence of the fore.oin. evidence, the le.iti-ate filiation shall be proved by0 !1% The 7pen and Continuous possession of the status of a le.iti-ate child, or !2% ,ny other -eans allowed by the >ules of Court and special laws. 2. 83W 43.51TAR6 R -321ITI31 IS 9:R SS D ,@T1E6T5C W>5T56; -eans any ;enuine and indubitable writin. sufficient for co-pulsory reco.nition. The status of a person as a voluntary ac&nowled.ed natural child Gcould be established by the ordinary -eans of evidence without any li-itations as to ti-e.H (Larena %s. &ubio ISee lecture notes below.J NOTES: %0 When can the child file action2 A0 See ,rt. 179 above which provides when a child -ay brin. an action: -oreover, the followin. 6CC provision which, althou.h already repealed by the Ba-ily Code, -ay still be applicable for lac& of substitute provisions on the -atter. ,rt 2$A, 6CC. The ,CT576 for the reco.nition of natural children -ay be brought ON ! during the lifetime of the "resumed "arents, #$C#%T& (1' (f the Father)*other +(#+ +,-(N. the *(NO-(T! of the C/( +, in 0)c case the latter may F( # ,CT576 "EB7>E the e?piration of F E>S. fro- the attain-ent of his -a+ority a.e. !2% 5f ,BTE> the DE,T1 of the Bather8'other a D7C@'E6T should appear of which 67T156; had been 1E,>D and in w8c either8 both parents reco.ni/e the child. 5n this case, the ,CT576 -ust be co--enced w8in F E>S. fro- the B56D56; of the docu-ent.

ls. ta&e note of the followin. 6CC provisions which, althou.h already repealed by the BC, -ay still be applicable for lac& of substitute provisions on the -atter. IClassmates, these are the 'ro%isions na medyo magulo W76 still applicable. 'a=a, said that ,rt. 2$A cited above is still applicable. Co--entaries and a 1($( case apply ,rts. 27$ and 2$1. 1errera cited ,rt. 2$9 !1%, but -entioned ,rt. FF( of > C, not 6CC. So ano ba talaga (uya? Ma)am A said these are *on+using. Any,ay, she too( note o+ said 'ro%isions, at 'alagay (o, (a(alam'agin n)ya ang Congress tung(ol dito. By the ,ay, she said the -C ,as .really minadali/, so 0 thin( that e1'lains e%erything. As( na lang your Persons tea*her.% 1----Re0o;nition 3f 1atural -hildren 27#. , 6,T@>,D C15DD -ay be reco.ni/ed by the father and the -other C756TDE, or by 76DE 76E of the-. 277. 5n case the reco.nition is -ade by 76DE 76E of the parents, it shall be >ES@'ED that the child is 6,T@>,D, 5B the parent reco.ni/in. it had DE;,D C, ,C5TE to contract -arria.e at the ti-e of conception. 27$. >EC7;65T576 shall be -ade in the record of birth a will a state-ent before a court of record or in any authentic writin.. 27(. , -inor who -ay not contract -arria.e w8o parental consent !1$*21% C,667T ac&nowled.e a natural child @6DESS parent8;uardian , >74ES the ac&nowled.-ent reco;nition is -ade in a W5DD 2$). When the B,T1E> or the '7T1E> -a&es the reco.nition SE ,>,TEDE, 1E8S1E shall 67T >E4E,D the na-e of the person with whohe8she has the child: neither shall he8she ST,TE any
'<

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

C5>C@'ST,6CE other parent identified.

whereby -ay be

the

article, as between the child 3 the -other. !2% When the "5>T1 and the 5DE6T5TE of the child are CDE,>DE >74E6. 2$#. The reco.nition -ade in favor of a child who does not possess all the conditions in ,rt. 2#(, or in w8c the re<uire-ents of the law have not been fulfilled -ay be 5' @;6ED by those who are >EC@D5CED by such reco.nition. Se0$ ($ !ontents of petition.** The petition for +udicial approval of a voluntary reco.nition of a -inor natural child shall contain the followin. alle.ations0 !a% The +urisdictional facts: !b% The na-es 3 residences of the parents who ac&nowled.ed the child, or either of the-, and their co-pulsory heirs, and the person or persons with who- the child lives: !c% The fact that the reco.nition -ade by the parent or parents too& place in a state-ent before a court of record or in an authentic writin., copy of the state-ent or writin. bein. attached to the petition. Se0$ 7. "rder for #earing .** @pon the filin. of the petition, the court, by an order recitin. the purpose of the sa-e, shall fi? the date and place for the hearin. thereof, which date shall not be -ore than # -onths after the entry of the order, and shall, -oreover, cause a copy of the order to be served personally or by -ail upon the interested parties, and published once a wee& for 9 consecutive wee&s, in a newspaper or newspapers of .eneral circulation in the province. Se0$ <. "pposition.** ,ny interested party -ust, within 1A days fro- service, or fro- the last date of publication of the order referred to in the ne?t precedin. section, file his opposition to the petition, statin. the .rounds or reasons therefor.

2$1. , child who is 7B ,;E C,667T "E >EC7;65KED without his C76SE6T. When the reco.nition of a -inor D7ES 67T ta&e place in a >EC7>D of "5>T1 or in a W5DD, C@D5C5,D , >74,D 5S 6ECESS,>E. , -inor can in any case 5' @;6 the reco.nition within F E>S. ff. the attain-ent of his -a+ority. 2$2. , >EC7;65KED natural child has the ri.ht0 !1% To "E,> T1E S@>6,'E of the reco.ni/in. parent !2% To receive S@ 7>T fro- such parent !2(1% !9% To receive in a proper case the hereditary portion w8c is deter-ined by this code. I143.51TAR6 R -321ITI310 2$9. 5n any of the ff. cases, the B,T1E> is 7"D5;ED to reco.ni/e the child as his natural child0 !1% 5n cases of >, E8,"D@CT5768SED@CT576, when the period of the offense coincides -ore or less with that of conception: !2% When the child is in C76T56@7@S 7SSESS576 of the ST,T@S of a C15DD of the alle.ed father by the D5>ECT ,CTS of the latter or of his B,'5DE !9% When the child was C76CE54ED durin. the ti-e when the -other C71,"5TED with the S@ 7SED father. !F% When the child 1,S in his favor ,6E E45DE6CE or >77B the defendant is his father. 2$F. The '7T1E> is 7"D5;ED to reco.ni/e her natural child0 !1% 5n any of the cases in the precedin.
'=

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

Se0$ =$ $udgment.** 5f, fro- the evidence presented durin. the hearin., the court is satisfied that the reco.nition of the -inor natural child was willin.ly and voluntarily -ade by the parent or parents concerned, and is for the best interest of the child, it shall render +ud.-ent .rantin. +udicial approval of such reco.nition. I143.51TAR6 R -321ITI31 of a natural child -ay be -ade0 !a% by an incontrovertible paper written by the parent e?pressly reco.ni/in. his paternity: !b% by .ivin. such child the status of a natural child of the father, +ustified by the direct act of the father or his fa-ily I,rt. 2$9!2%J: !c% by cri-inal action for rape, seduction or abduction !par. 2, ,rt. FF(, > C% %ote0 'aybe we can i-prove this enu-eration of 1errera by +ust applyin. ,rt. 2$9, 6CC <uoted above. 'a=a- , said above enu-eration does not -a&e sense. NOTES: IMPT: %0 What if the presu-ed parents reco.ni/ed the -inor natural child either voluntarily or involuntarily without +udicial approval and afterwards died, should the child, after reachin. -a+ority a.e, as& for +udicial approval of such reco.nition2 >The boo& -a&es distinctions between voluntary and involuntary reco.nition and their effects: but the sa-e are irrelevant !aside fro- bein. confusin.% because of the rulin. of the SC in 2a'usan Chua %s. CA.% A0 67. >e<uire-ent of +udicial approval is for the "E6EB5T 7B T1E '567>. Dac& of said C, cannot i-pede the effectivity of the +ud.-ent -ade. The +udicial approval is for the protection of the -inor a.ainst any ac&nowled.-ent -ade to his pre+udice. Therefore, the lac& or insufficiency of such approval is 67T a defect available to the reco.ni/in. parent but one which the -inor
',

-ay raise or waive. 5f after reachin. the a.e of -a+ority the -inor consents to the ac&nowled.-ent, the lac& of +udicial approval should -a&e no difference. Se0$ ,$ &er ice of 'udgment upon ci il registrar.(( , copy of the +ud.-ent rendered in accordance with the precedin. section shall be served upon the civil re.istrar whose duty it shall be to enter the sa-e in the re.ister.

RULE106 CONSTITUTIONOF FAMILYHOME >ule 1)# is dee-ed repealed by the provisions of the Ba-ily Code. FAMILYCODE
ART "=(. The fa-ily ho-e, constituted +ointly by the husband and the wife or by an un-arried head of a fa-ily, is the dwellin. house where they and their fa-ily reside, and the land on which it is situated. ART$ "=7. The fa-ily ho-e is dee-ed constituted on a house and lot fro- the ti-e it is occupied as a fa-ily residence. Bro- the ti-e of its constitution and so lon. as any of the beneficiaries actually resides therein, the fa-ily continues to be such and is e?e-pt froe?ecution, forced sale or attach-ent e?cept as hereinafter provided and to the e?tent of the value allowed by law. There is no need to file verified petition for constitution of fa-ily ho-e under BC. ART$ "=<. The beneficiaries of a fa-ily ho-e are0 The husband and the wife, or an un-arried person who is the head of a fa-ily: and Their parents, ascendants, descendants, brothers and sisters, whether the relationship be le.iti-ate or ille.iti-ate, who are livin. in the fa-ily ho-e and who depend upon the head of the fa-ily for le.al support. ART$ "==. The fa-ily ho-e shall be e?e-pt fro- e?ecution, forced sale or attach-ent e?cept0 1% Bor nonpay-ent of ta?es: 2% Bor debts incurred prior to the constitution of the fa-ily ho-e: 9% Bor debts secured by -ort.a.es on the pre-ises before or after such constitution: and F% Bor debts due to laborers, -echanics, architects, builders, -aterial-en and others who have rendered service or furnished -aterial for the construction of the buildin..

Mode/uillo vs$ Salinas

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

The debt or liability which was the basis of the +ud.-ent arose or was incurred at the ti-e of the vehicular accident on 1# 'arch 1(7# and the -oney +ud.-ent arisin. therefro- was rendered by the appellate court on 2( Canuary 1($$. "oth preceded the effectivity of the BC on ,u.ust F, 1($$ !not ,u.ust 9 L1($$ bein. a leap year%. The contention that it should be considered a fa-ily ho-e fro- the ti-e it was occupied by petitioner and his fa-ily in 1(#( is not well*ta&en. @nder ,rt. 1#2 of the BC, GThe provisionsMshall .overn e?istin. fa-ily residences insofar as said provisions are applicable.H 5t does not -ean that ,>TS. 1A2 and 1A9 have retroactive effect such that all e?istin. fa-ily residences are dee-ed to have been constituted as fa-ily ho-es at the ti-e of their occupation prior to the effectivity of the BC and are e?e-pt fro- e?ecution for the pay-ent of obli.ations incurred before the effectivity of the BC. ,rt. 1#2 si-ply -eans that all e?istin. fa-ily residences at the ti-e of the effectivity of the BC are considered fa-ily ho-es and are prospectively entitled to the benefits accorded to a fa-ily ho-e.
ART$ "=#. The actual value of the fa-ily ho-e shall not e?ceed, at the ti-e of its constitution, the a-ount of three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such a-ounts as -ay hereafter be fi?ed by law. 5n any event, if the value of the currency chan.es after the adoption of this Code, the value -ost favorable for the constitution of a fa-ily ho-e shall be the basis of evaluation. Bor purposes of this ,rt., urban areas are dee-ed to include chartered cities and -unicipalities whose annual inco-e at least e<uals that le.ally re<uired for chartered cities. ,ll others are dee-ed to be rural areas. ART$ ",)$ When a creditor whose clai- is not a-on. those -entioned in ,rt. 1AA obtains a +ud.-ent in his favor and he has reasonable .rounds to believe that the fa-ily ho-e is actually worth -ore than the -a?i-u- a-ount fi?ed in ,rt. 1A7, he -ay apply to the court which rendered the +ud.-ent for an order directin. the sale of the property under e?ecution. The court shall so order if it finds that the actual value of the fa-ily ho-e e?ceeds the -a?i-u- a-ount fi?ed by law as of the ti-e of its constitution. 5f the increased actual value e?ceeds the -a?. a-ount and results frosubse<uent voluntary i-prove-ents introduced by the person8s constitutin. the fa-ily ho-e, by the owner8s of the property, the sa-e rule and procedure shall apply. '#

,t the e?ecution sale, no bid below the value allowed for a fa-ily shall be considered. The proceeds shall be applied first to the a-anita -entioned in 1A7 and to the liabilities under the +ud.-ent and the costs. The e?cess, if any, shall be delivered to the +ud.-ent creditor.

RULE107 ABSENTEES Se0$ "$ Appointment of representati e. L When a person disappears frohis do-icile, his whereabouts bein. un&nown, and without havin. left an a.ent to ad-inister his property, or the power conferred upon the a.ent has e?pired, any interested party, relative or friend, -ay petition the >TC of the place where absentee resided before his disappearance, for the appoint-ent of a person to represent hi- provisionally in all that -ay be necessary. I5n the City of 'anila, the petition shall be filed in the Cuvenile and Do-estic >elations Court.J This rule is based on0
ART$ 7&" --. When a person disappears fro- his do-icile, his whereabouts bein. un&nown, and without leavin. an a.ent to ad-inister his property, the +ud.e, at the instance of an interest party, a relative, or a friend, -ay appoint a person to represent hi- in all that -ay be necessary. This sa-e rule shall be observed when under si-ilar circu-stances the power conferred by the absentee has e?pired. ART$ 7&(. The appoint-ent referred to in 9$1 havin. been -ade, the +ud.e shall ta&e the necessary -easures to safe.uard the ri.hts and interests of the absentee and shall specify the powers, obli.ations and re-uneration of his representative, re.ulatin. the-, accordin. to the circu-stances, by the rules concernin. ;uardians.

Se0$ ( Declaration of absence) who may petition. ,fter the lapse of 2 years fro- his disappearance and without any news about the absentee or since the receipts of the last news, or A years in case the absentee has left a person in char.e of the ad-inistration of his property, the declaration of his absence and the appoint-ent of a trustee or ad-inistrator -ay be applied for by any of the ff0 !a% !b% !c% !d% The spouse present: The heirs instituted in a will, who -ay present an authentic copy of the sa-e: The relatives who would succeed by the law of intestacy: and Those who have over the property of the absentee so-e ri.ht

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

subordinated to the condition of his death. This rule is based on the ff0
ART$ 7&< --. Two years havin. elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in char.e of the ad-in of his property, his absence -ay be declared. ART$ 7&=$ The ff -ay as& for the declaration of absence0 1. 2. 9. F. The spouse present: The heirs instituted in a will, who -ay present an authentic copy of the sa-e: The relatives who -ay succeed by law of intestacy: Those who -ay have over the property of the absentee so-e ri.ht subordinated to the condition of his death.

Copies of the notice of the ti-e and place fi?ed for the hearin. shall be served upon the &nown heirs, le.atees, devisees, creditors and other interested persons, at least 1) days before the day of the hearin., and shall be published once a wee& for 9 consecutive wee&s prior to the ti-e desi.nated for the hearin., in a newspaper of .eneral circulation in the province or city where the absentee resides, as the court shall dee- best. Se0$ =$ "pposition. ,nyone appearin. to contest the petition shall state in writin. his .rounds therefor, and serve a copy thereof on the petitioner and other interested parties on or before the date desi.nated for the hearin.. Se0$ ,$ +roof at hearing) order. * ,t the hearin., co-pliance with the provisions of section F of the rule -ust first be shown, upon satisfactory proof of the alle.ations in the petition, the court shall issue an order .rantin. the sa-e and appointin. the prep, trustee or ad-in for the absentee. The +ud.e shall ta&e the necessary -easures to safe.uard the ri.hts and interests of the absentee and shall specify the powers, obli and re-uneration of his rep, trustee or ad-in, re.ulatin. the- by the rules concernin. .uardians. 5n case of declaration of absence, the sa-e shall not ta&e effect until # -onths after its publication in a newspaper of .eneral circulation desi.nated by the court ,6D in the 7fficial ;a/ette. Se0$ #$ ,ho may be appointed. L5n the appoint-ent of a rep, the spouse present shall be preferred when there is no le.al separation, if the absentee left no spouse, or if the spouse present is a -inor or otherwise inco-petent, any co-petent person -ay be appointed by the court. 5n case of declaration of absence, the trustee or ad-in of the absentee=s property shall be appointed in accordance with the precedin. par. This is based on ,rt. 9$9 of CC. "asically, it says the sa-e thin.. Dapat lan., &aya n.a based doon. 1eN 1eN Se0$ &$ *ermination of administration. L The trusteeship or ad-in of the property of the absentee shall cease upon order of the court in any of the ff cases0 !a%
'&

5t is not necessary that a declaration of absence be -ade in a proceedin. separate fro- and prior to a petition for ad-in. !!eyes %s. Ale3andro The petition to declare the husband an absentee and the petition to place the -.t of the con+u.al properties in the hands of the wife could be co-bined and ad+udicated in the sa-e proceedin.. (Daya Maaria 4ol$ 5oguera %. 6illamor Se0$ 7$ !ontents of petition. $ The petition for the appoint-ent of a representative, or for the declaration of absence and the appt of a trustee or an ad-in, -ust show the ff0 !a% !b% The +urisdictional facts: The na-es, a.es and residences of the heirs instituted in the will, a copy of which shall be presented, and of the relatives who would succeed by the law of intestacy: The na-es and residences of creditors and others who -ay have any adverse interest over the property of the absentee: The probable value, location and character of the property belon.in. to the absentee.

!c%

!d%

Se0$ <$ *ime of hearing) notice and publication thereof. 7 When a petition for the appt of a representative, or for the declaration of absence and the appt of a trustee or ad-in is file, the court shall fi? a date and place for the hearin. thereof where all concerned -ay appear to contest the petition.

When the absentee appears personally or by -eans of an a.ent:

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

!b% !c%

When the death of the absentee is proved and his testate or intestate heirs appear: When a third person appears, showin. by a proper docu-ent that he has ac<uired the absentee=s property by purchase or other title.

5n these cases the trustee or ad-in shall cease the perfor-ance of his office, and the property shall be placed at the disposal of those who -ay have a ri.ht thereto. This is based on ,rt. 9$( of the CC. Declaration of Absence is Unnecessary where there are no properties The need to have a person +udicially declared an absentee is when he has properties which have to be ta&en care of or ad-inistered by a rep appointed by the Court his wife is as&in. the court that the ad-in of all classes of property in the -arria.e be transferred to her the spouse of the absentee is as&in. for separation of property. The petition to declare the husband an absentee and the petition to place the -ana.e-ent of the con+u.al properties in the hands of the wife -ay be co-bined and ad+udicated in the sa-e proceedin.s. No independent action for Declaration of Presumption of Death The disputable presu-ption established by the rule of evidence that a person not heard fro- in seven years is dead -ay arise and be invo&ed either in an action or in a special proceedin., which is tried or heard by, and sub-itted for decision to, a co-petent court. 5ndependently of such an a?n or proc, the presu-ption of death cannot be invo&ed nor can it be -ade the sub+ect of an action or spec proc. ! 0n re 5i*olai S"atro, +rof. A ena0 This is a rebuttable presu-ption established by the rules of evidence so you don=t have to .o to court and file an action or spec proc si-ply for the purpose of securin. it 'er se. 4o illustrate0 5f you are a beneficiary of an insurance policy and the insured has been absent for at least 7 years !plus no news of
''

his whereabouts%, you can file an action for the collection of the proceeds. 5n so doin., you have in your favor the disputable presu-ption of the insured=s death. Eou need not .o !and besides you cannot do this% to court to file an independent action for the declaration of the insured=s death. !Sana naintindihan niyo iyong 'ag(a(aintindi (o sa sinabi ni Ma)am 7 -rit" EOCE T576: The need for declaration of presu-ptive death for purposes of re-arria.e. This is based on ,rt. F1 of the BC. 7therwise, the subse<uent -arria.e shall be null and void. >EP@5S5TES0 The prior spouse had been absent for four consecutive years and the spouse present had a well*founded belief that the absent spouse was already dead. 5n case of disappearance where there is dan.er of death under ,rt. 9(1 CC, an absence of only two ears shall be sufficient. This provision is intended to protect the present spouse for a cri-inal prosecution for bi.a-y because with such +udicial declaration, .ood faith of the present spouse is established. ,"SE6T S 7@SE This -eans that the other spouse has been -issin. for at least four years, it bein. un&nown whether or not he or she is still alive, and the present spouse havin. a well*founded belief that the -issin. spouse is already dead. The period of F years is reduced to 2 under the ff circu-stances !,rt. 9(1 CC% !a% The -issin. person was on board a vessel lost durin. a sea voya.e, or an aeroplane which is -issin.: !b% The -issin. person was in the ar-ed forces and had ta&en part in war: or !c% The -issin. person was in dan.er of death under other circu-stances. 5n the above case, the 2*yr period is co-puted fro- the occurrence of the event fro- which death is presu-ed.

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

4essel L all &inds of watercraft ,eroplane L all &inds of aircraft Ta&in. part in war L includes all -ilitary operations or underta&in. involvin. ar-ed fi.htin. and does not only apply to soldiers but also to those e-ployed in the ar-ed forces li&e nurses and doctors, reporters and ca-era-en. 5n dan.er of death L events as earth<ua&es, fires, e?plosions, etc. Presum'tion o+ Death must yield to 're'onderan*e o+ e%iden*e There are certain circu-stances where a person was already considered dead without waitin. for the period to e?pire. (8astern Shi''ing Lines %. Lu*ero 999Ca%eat: 0)m ty'ing this +rom memory dahil nag(ataong this ,as in*luded in my 'art sa e%iden*e. 5n this case, the ship where the person presu-ed dead was on board sun& due to stor-. 5n fact, na&ita pa n.a nila sa -ay coast iyon. wrec&ed parts n. ship. So sabi n. SC, no need to wait for the e?piration of the F*yr period !this was not for subse<uent -arria.e% dahil by preponderance of evidence, the circu-stances sufficiently show that the person -ay be considered dead. SUMMARYOF JUDICIALPROCEEDINGSIN THE FAMILY LAW
Art$ (7&$ @ntil -odified by the SC, the procedural rules in this title shall apply in all cases provided for in this Code re<uirin. su--ary court proc. Such cases shall be decided in an e?pedition -anner without re.ard to technical rules.

hearin. thereof, which shld be very short, considerin. na su--ary n.a. !F% There is a preli-inary conference wherein lawyers are e?cluded. !A% The appearance of the trial fiscal of the court is not re<uired. !"a&a absent or unprepared pa.% !#% The preli- confab should be conducted personally by the +ud.e in the nature of an in<uisitorial hearin.. !P 3 ,% !7% The proceedin.s can be decided on the basis of affidavits or other docu-entary evidence. 7ral testi-onies will be re<uired only when necessary and at the discretion of the court. !$% Case shall be decided in the -ost e?peditious -anner, without re.ard to technical rules. !(% Cud.-ent shall be i--ediately final and e?ecutory. , D5C,"5D5TE 7B >7CED@>,D >@DES

The rules of su--ary procedure shall apply to the ff0 !1% Art. ;<< 'ar (= L separation in fact between 1 and W under the re.i-e of ,C and where the consent of one spouse to any transaction of the other is re<uired by law. !2% Art. ;=> (= L sa-e as ,rt. 1)) but under the re.i-e of C ;. !9% Art. ?; L action for declaration of the presu-ptive death of an absent spouse believed to be dead. !F% Art. @; L delivery of presu-ptive le.iti-es by -eans of a -utual a.ree-ent re<uirin. +ud=l approval: !A% Art. AB L disa.ree-ent in the fi?in. of fa-ily do-icile: !#% Art. >C L ob+ection by one spouse to the e?ercise by the other spouse of any le.it prof, occupation, bus or activity:
") )

Characteristics of Su--ary the BC

roceedin.s in

!1% The pet shall be verified, to assure its truthfulness. !2% 6otice of the filin. of the pet be sent to resp at his last &nown address, as part of due process. !9% 6o periods set: it is up to the +ud.e to det the period within which the resp shld answer the petition and the

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

reli- Conference: 6o Dawyers !7% Art. BA L disa.ree-ent in the +oint ad-in and en+oy-ent of the co--unity prop: !$% Art. ;=? 7 disa.ree-ent in the +oint ad-in and en+oy-ent of ,C : !(% Art. =;> L entrustin. of parental authority over foundlin.s, abandoned, ne.lected or abused children and other children si-ilarly situated to heads of children=s ho-es, orphana.es and si-ilar institutions duly accredited by the .ov=t: !1)% Art. ==@ L fi?in. of the bond of the parents. SE ,>,T576 56 B,CT "ETWEE6 1@S",6D ,6D W5BE ls. See 29(*2A9 of the BC @nless Con.ress would decide to re* create the for-er Cuvenile and Do-estic >elations Courts or fa-ily courts which were abolished by " 12(, all proc to be filed under the BC would be co.ni/able by the branches of the >TC desi.nated by the SC to handle e?clusively +uvenile and do-estic relations cases, and in places where no desi.nation is -ade, by the >TC of the proper venue of the case. 4enue shall be the place of residence of either spouse. Clai-s for Da-a.es Su--ary rocedure not covered by Shall be conducted by the +ud.e personally and not thru Cler& of Court or a Co--issioner. Counsel shall not assist the parties at this sta.e. 6on*appearin. party shall be co-pelled to appear: Bailure to appear despite efforts*E?* parte proc authori/ed The court shall re<uire attendance if possible. 5f despite such efforts, the party still does not appearQe?*parte proceedin.s. The court shall render decision on the basis of affidavits, docu-entary evidence or oral testi-onies. Cud.-ent 5--ediately Binal and E?ecutory 6ot appealable +ust li&e a decision based on a co-pro-ise a.ree-ent. The decision can be <uestioned in the ff cases0 !1% "y a special civil action for certiorari on .rounds of .rave abuse of discretion, e?cess of +uris or lac& of +uris co--itted by the court: !2% "y annul-ent of decision based on lac& of +uris or e?trinsic fraud.

RULE108 CANCELLATIONOR CORRECTIONOF ENTRIESIN THE CIVILREGISTRY

Clai-s for da-a.es cannot be liti.ated in the sa-e proceedin.s bec. Such clai-s will necessarily entail delay. 5ndependent or separate cases shall therefore be necessary for establishin. and enforcin. clai-s for da-a.es. Due rocess to "e 7bserved Def. spouse shall be duly notified and furnished a copy of the pet at his last &nown address and shall be .iven the opportunity to answer the sa-e or to show cause why the pet should not be .ranted. 7therwise, void for lac& of D .

Se0$ " ,ho may file petition. ,ny person interested in any act, even, order or decree concernin. the civil status of persons which has been recorded in the civil re.ister, -ay file a verified petition for the cancellation or correction of an entry relatin. thereto, with the >TC of the province where the correspondin. civil re.istry is located.

>ole of the Court The crt=s role in hearin. the petition to correct certain entries in the civil re.istry is to ascertain the truth about the facts recorded therein. >eason0 Truth is best ascertained or appro?i-ated by trial conducted under the adversary syste-.

") "

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

roceedin.s for the correction of erroneous entry should not be considered as establishin. one=s status in a le.al -anner conclusively beyond dispute. ,rt. F1) CC provides, G..the boo&s -a&in. up the civil re.ister and all docu-ents relatin. theretoMshall be pri-a facie evidence of the facts therein contained.H The correction shld not i-ply a chan.e of status but a -ere rectification of error to -a&e the -atter corrected spea& for the truth. There is therefore no increase or di-inution of substantive ri.ht, as is the basis for holdin. that >1)$ would be unconsti if held to allow correction of -ore than -ere har-less clerical errors. Distinctionbet. R103andR108 R")7 chan.e of na-e only the entry is correct but you want to chan.e it Civil >e.istrar not a party R")& all cancellation or correction of entries there is a -ista&e which you want to correct Civil >e.istrar is an 5ndispensable party. 7therwise, null and 4oid. >E,S760 interested party in rotectin. inte.rity 7f public docu-ents

!f%

+ud.-ents declarin. -arria.es void fro- the be.innin.: !.% le.iti-ations: !h% adoptions: !i% ac&nowled.-ents of natural children: !+% naturali/ation: !&% election, loss or recovery of citi/enship: !l% civil interdiction: !-% +udicial deter-ination of filiation: !n% voluntary e-ancipation of a -inor: and !o% chan.es of na-e. >1)$ covers0 1% Correction of innocuous or clerical errors apparent on the facts of the record and capable of bein. corrected by -ere reference to it, e..., -isspellin.s. 2% Correction of substantial errors provided proceedin.s is adversary, e... citi/enship. ,ppropriate ,dversary roceedin.s 7ne havin. opposin. parties: contested, as distin.uished fro- an e? parte application, one which the party see&in. relief has .iven le.al warnin. to the other party, and afforded the latter an opportunity to contest it. ersons who -ust be -ade parties 1% Civil >e.istrar: 2% ,ll persons who have or clai- any interest which would be affected thereby. These are also the persons entitled to oppose the petition. @pon the filin. of the petition, it beco-es the duty of the court to0 1% issue an order fi?in. the ti-e and place for the hearin. of the petition, and 2% cause the order for hearin. to be published once a wee& for 9 consecutive wee&s in a newspaper of .en circulation in the province. Se0$ 7$ +arties. When cancellation or correction of an entry in the civil re.ister is sou.ht, the civil re.istrar and all persons who have or clai- any interest which would be affected thereby shall be -ade parties to the proceedin.. Se0$ <$ %otice and +ublication. @pon the filin. of the petition, the court shall, by an order, fi? the ti-e and place for the hearin. of the sa-e, and cause
") (

RR5f both reliefs are to be sou.ht in the sa-e proceedin.s all the re<uire-ents of >1)9 and 1)$ -ust be co-plied with. roceedin. when substantive error is clerical or

Clerical L the procedure is su--ary. Substantive L the procedure adversary.

is

Se0$ ( Entries sub'ect to cancellation or correction. L @pon .ood and valid .rounds, the ff. entries in the civil re.ister -ay be cancelled or corrected0 !a% births: !b% -arria.es: !c% deaths: !d% le.al separation: !e% +ud.-ents of annul-ents of -arria.e:

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

reasonable notice thereof to be .iven to the persons na-ed in the petition. The court shall also cause the order to be published once a wee& for 9 consecutive wee&s in a newspapers of .en circulation in the province. Se0$ =$ "pposition$ The civil re.istrar and any person havin. or clai-in. any interest under the entry whose cancellation or correction is sou.ht -ay, within 1A dys fro- notice of the petition, or fro- the last date of publication of such notice, file his opposition thereto. ,D4E>S,>E >7CEED56;S 1% When the petition is filed either by the civil re.istrar or any person havin. a clai-Mand the opposition is actively prosecuted. 2% When all relevant facts have been fully and properly developed, where opposin. counsel have been .iven opportunity to de-olish the opposite party=s case, and where the evidence has been thorou.hly wei.hed and considered. 9% When the opposition is filed either by the civil re.istrar or any person havin. or clai-in. any interestM Se0$ ,$ E-peditious proceedings. The court in which the proceedin. is brou.ht -ay -a&e orders e?peditin. the proceedin.s, and -ay also .rant preliin+unction for the preservation of the ri.hts of the parties pendin. such proc. Se0$ # "rder. ,fter hearin., the court -ay either dis-iss the petition or issue an order .rantin. the cancellation or correction prayed for. 5n either case, a certified copy of the +ud.-ent shall be served upon the civil re.istrar concerned who shall annotate the sa-e in his record.

!c%

!d% !e%

!f%

,llows or disallows, in whole or in part, any clai- a.ainst the estate of a decease person, or any claipresented on behalf of the estate in offset to a clai- a.ainst it: Settles the account of an e?ecutor, ad-in, trustee or .uardian: Constitutes, in proceedin.s relatin. to the settle-ent of the estate of a decease person, or the ad-in of a trustee or .uardian, a final deter-ination in the lower court of the ri.hts of the party appealin., e?cept that no appeal shall be allowed fro- the appoint-ent of a special ad-in: and 5s the final order or +ud.-ent rendered in the case, and affects the substantial ri.hts of the person appealin., @6DESS it be an order .rantin. or denyin. a -otion for a new trial or for recon.

rof. ,vena0 Sec. 1 !f%. The unless clause here si-ply -eans that in these two instances, you .o on appeal i--ediately. Enu-eration is not approval of bond, inco-petency for .uardianship. e?clusive, e..., declaration of purposes of

'ode of ,ppeal Spec ro* The period of appeals is 9) days, a record on appeal bein. re<uired. E?c0 1abeas corpus cases L F$ hours. ,ppeals in Di<uidation roceedin.s a.ainst 5nsolvent Corp is by >ecord on ,ppeal Since li<uidation proc a.ainst an insolvent corp is a spec pro, the appeal is by record on appeal. >E,S760 several clai-s are actually separate ones and a decision or final order with respect to any clai- can be appealed. 6ecessarily the ori. rec on appeal -ust re-ain in the TC where other clai-s -ay still be pendin.. Who 'ay ,ppeal ** 5nterest erson , stran.er havin. neither -aterial nor direct interest in a testate or intestate has no rt to appeal fro- any order issued herein. 'ay appeal only when the order, decree, +ud.-ent constitutes a final
") 7

RULE109 APPEALSIN SPECIALPROCEEDINGS Se0tion "$ "rders or 'udgments from which appeals may be ta.en. ,n interested person -ay appeal in special proceedin.s fro- an order or +ud.-ent rendered by a >TC or a Cuvenile and Do-estic >elations Court, where such order or +ud.-ent0 !a% ,llows or disallows a will: !b% Deter-ines who are the lawful heirs of a deceased person, or the distributive share of the estate to which such person is entitled:

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

deter-ination of the ri.hts of the appellants and the appeal shall affect every order, decree or +ud.-ent appealed fro-, and not -erely the interest which the appellants -ay have therein. R rof. ,vena0 'ay so-eti-es be interlocutory in nature if we were to consider it under civpro but it is final in the sense that it disposes of ri.hts and obli of parties, e... declaration of inco-petency L Eou can appeal na althou.h if viewed under civpro, hindi pa ito final dahil wala pan. na* aapoint na .uardian. 5n other words, hindi pa tapos iyon. .uardianship proc. !Siyem're, hindi ganito iyung 'ag(a(asabi$ -rit" The fact that the ad-in did not prosecute the appeal does not bar the lawful heirs of the deceased fro- doin. so. >E,S760 Dawful heirs are considered interest party. The validity of a +ud.-ent or order of a court entered in a spec pro cannot be assailed collaterally unless the .round for the attac& is lac& of +uris or fraud by the party sou.ht to be char.ed with it in its procure-ent. 5f the nullity of the +ud.-ent or order assailed is for failure to co-ply with the statutory re<. which -ust be followed before such C87 -ay be entered, the re-edy is to appeal fro- such, or if final, to apply for relief under >9$. 5n a specpro, appeals -ay be ta&en at various sta.es of the proceedin.s so son. as the order, decree or +ud.-ent constitutes a final deter-ination of the ri.hts of the parties so appealin.. , probate decree finally and definitively settles all <uestions concernin. capacity of the testator and the proper e?ecution and witnessin. of his last will and testa-ent, irrespective of whether its provisions are valid. ,ppealable under Sec. 1 !a%. Certiorari and 'anda-us not , Substitute for ,ppeal 5f an interested party lost his re-edy by
") <

appeal due to his own ne.lect, he cannot now see& redress by certiorari and -anda-us, it not appearin. that the lower court has acted without +uris. 2 1 RA. :RI1-I:. 0 5n the absence of statutory provisions directin. otherwise, any order, +ud.-ent or decree of the probate court capable of bein. enforced, or ta&in. effect without further order, -ay be appealed fro-: and that no action of the probate court can be appealed fro- which re<uires a subse<uent order or +ud.-ent to .ive it effect. e..., ,n order directin. one to appear and sub-it to an e?a-ination touchin. any property in his possession belon.in. to an intestate, otherwise, he shall be co--itted to prison, is , E,D,"DE. 5n this case, said person is le.ally interested in the order, thus entitled to appeal. 1e need not be le.ally interested in the intestate proceedin.s proper. 7T1E> 56ST,6CES W1E>E , ,4,5D,"DE E,D 5S

1. A''eal by Surety When a surety of an e?ec8ad-in of the estate of a deceased person is ad-itted as a party to an acct. -ade by such e?ec8ad-in under >. $A Sec. 11, he -ay be allowed to appeal fro- any order of the court approvin. or disapprovin. such acct.. = A''eal by &eir +rom Money Claim 1% ,n heir, le.atee or devisee who under >$# S11 has been served with notice as to a -oney clai- a.ainst the estate -ay be allowed to appeal fro- an order of the ct. approvin. such clai-. 2% , creditor who under >$7 S1) is allowed by the ct to brin. an action for recovery of property -ay be allowed to appeal. 9% , spec ad-in -ay be allowed to appeal fro- an order disallowin. a will. C. #rder +or Li*ense to Sell ,n order for license to sell real estate in ad-in proc is appealable. ?. #rder Against Bond ,ppealable. >E,S760 Such order constitutes a definite pronounce-ent as relates to his bond and to his -ovable

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

property of which he will be deprived. Thus, he can appeal. @. #rder to *ontra*t #bligation ,ppealable. >E,S760 5t affects substantial ri.hts of the parties and -ay unnecessarily prolon. the ad-in of the intestate estate to the detri-ent of the heirs. A. #rder A''ointing Admin ,ppealable. This is a final deter-ination of the rts of the parties thereunder. >. #rder Annulling A''ointment o+ 2uardian ,ppealable. ,n order refusin. to per-it a person to intervene in a probate proceedin. where he clai-s to have ac<uired the interest of one of the heirs of the deceased is li&ewise appealable. D. #rder !emo%ing a 2uardian ,ppealable. Constitutes a final deter-ination of his ri.hts. ,n order declarin. a .uardian inco-petent is li&ewise appealable. B. 0n%entories and Claims against the 8state >e0 inventories, clai-s a.ainst the estate and sale of the property of the decedent are appealable. ;<. Person de*lared in*om'etent ,n order declarin. one a spend thrift and -entally and physically inco-petent is appealable. ;;. #rder re+using to 'ermit a 'arty to inter%ene ,ppealable if the party see&in. to intervene is one who clai-s to have ac<uired the interest of one of the heirs of the estate. 7rders that are not appealable ;. #rder dire*ting admin to ta(e a*tion to re*o%er amount due to the estateE interlo*utory. This is purely interlocutory and cannot be the basis of an appeal. Why2
") =

Ewan &o. "ut 5 thin& it=s probably because of the application of the .en principle. ;. #rder made in admin 'ro* relating to in*lusion or e1*lusion o+ items o+ 'ro'erty in the in%entory o+ e1e*Fadmin, interlo*utory This is purely discretionary, provisional and interlocutory. Sub+ect to -odification or chan.e at any ti-e durin. the course of ad-in proc. 6ot conclusive of the rts of any one, and the order is not final. =. #rder A''ointing S'e*ial AdminF!e*ei%er 'erely incidental to +udicial proceedin.s. The ct -a&in. the appt retains control over it and that it -ay -odify, rescind, or revo&e the sa-e on sufficient .rounds at any ti-e before final +ud.-ent. Se0$ ($ Ad ance Distribution in spec pro. 6otwithstandin. a pendin. controversy or appeal in proceedin.s to settle the estate of a decedent, the ct -ay, in its discretion and upon such ter-s as it -ay dee- proper and +ust, per-it that such part of the estate as -ay not be affected by the controversy or appeal be distributed a-on. the heirs or le.atees upon co-pliance with the conditions set forth in >. () of these rules.
/rit01 sana naman ay hindi na nasayang ang 'agod mo. 2##D LGCH, C$AIII Aileen, Minnie J 8lla A**endi+ to Minnie?s #abeas !orpus "pus By: 4he !egressing Whimsyland Hids Lourie, Harreen J Jig K Party Poo'er 8lla #abeas !orpus 2 9 Mon0u*a v$ nrile

Fa0ts: 'oncupa et al were arrested 3 detained. 1e was alle.ed to be a 6ational De-ocratic Bont staff -e-ber. , residential Co--it-ent 7rder ! C7% was issued vs. the-. ,fter 2 separate investi.ations, it was ascertained that 'oncupa was not a -e-ber of any subversive or.ani/ation. "oth investi.ators reco--ended his prosecution only for ille.al possession of firear-s 3 subversive docu-ents. The petitioners= -otions for bail were deined. >espondents clai- that the privile.e of the writ of 1C had been suspended as to 'oncupa 3 filed a 'TD statin. GSince the pet. is free 3 no lon.er under the custody of the resps., the present petition for 1C -ay be dee-ed -oot 3 acade-ic as in si-ilar cases.H 8eld: 'oncupa -ay have been released fr. his detention cell, but the restraints attached to his

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

te-porary release preclude freedo- of action 3 under the 4illavicencio v. Du&ban rule warrant the Court=s relievin. hi- of such restraints as -ay be ille.al. 5t is not physical restraint alone w8c is in<uired into by the writ of habeas corpus. The principle is clear. , release that renders a pet. for a W1C -oot 3 acade-ic -ust be one w8c is free fr. involuntary restraints. Where a person continues to be unlawfully denied one or -ore of his constitutional freedo-s, where there is present a denial of due process, where the restraints are not -erely involuntary but appear to be unnecessary, 3 where a deprivation of freedo- ori.inally valid has, in the li.ht of subse<uent dev=ts., beco-e arbitrary, the person concerned or those applyin. in his behalf -ay still avail the-selves of the privile.e of the writ. To@otoA et al$ 4$ Ramos Fa0ts: etitioners te-porarily released fr. detention. So, does writ lie2 8eld: 7rdinarily, a pet. for 1C beco-es -ute 3 epide-ic !he he% when the restraint on the liberty of the pets. 5s lifted either te-porarily or per-anently. "ut the instant case presents a diff. situation. The P to be resolved is whether the State can reser%e the 'o,er to re$arrest a 'erson +or an o++ense a+ter a *ourt o+ *om'etent 3urisdi*tion has absol%ed him o+ the o++ense. Such a reservation is repu.nant to the .overn-ent of laws 3 not of -en principle. @nder this principle the -o-ent a person is ac<uitted on a cri- char.e he can no lon.er be detained or re*arrested for the sa-e offense. Alim*oos v$ -A Fa0ts0 >eynaldo 'os<uito has been accused of >obbery w8 less Serious hysical 5n+uries. 1e was detained by virtue of a warrant of arrest which was issued without the observance of the le.al re<uire-ents for the issuance thereof. 'os<uito filed a petition for 1abeas Corpus before the Trial Court. 'os<uito na-ed as defendants in the case the rov. Biscal and the private offended parties. he also filed a clai- for da-a.es pre-ised on ,rts. 92 !F% and other applicable provisions of the Civil Code. Issues0 1. W76 the writ of 1abeas Corpus if the proper re-edy for 'os<uito2 2. W76 da-a.es -ay be awarded in a 1abeas Corpus case2 9. W76 private offended party -ay ta&e part in the case2 8eld0 1. The W1C is not the proper re-edy. When a warrant of arrest is bein. assailed for i-proper preli-inary investi.ation, the re-edy is a petition to <uash the warrant of arrest or petition for reinvesti.ation of the case. 5t is the .en. rule that a 1C shld. not be resorted to when there is another re-edy available. 2. 6o. Da-a.es cannot be awarded. The sole function of the writ is to relieve fr. unlawful i-prison-ent and ordinarily it cannot be properly used for another purpose. 9. While the issuance of the writ connotes the co--ence-ent of a civil action, the proceedin.s for 1C is technically not yet a suit bet. private parties. The proper party is the Chief of olice or the person havin. the accused in detention and not the private offended party. 5t is also only the fiscal who -ay appeal the order .rantin. the writ as -andated by Sec. 1( >@DE F1 of the >7C. Salvana v$ Saliendra Fa0ts0 Salvana and Saliendra are the parents of 1A year old Belicisi-a Salvana. The -inor is ") ,

presently in the custody of a +ustice of peace. The parents filed a petition for W1C to re.ain parental authority over the -inor. The pet. was denied on the .round that the parents are .uilty of abusin. their child by forcin. her to -arry another a.ainst the her wishes. Issue0 W76 W1C should issue2

8eld0 5t should issue. , W1C is the proper le.al re-edy to enable parents to re.ain the custody of a -inor dau.hter even thou.h the child is in custody of a 9rd person of her 7W6 B>EE W5DD. 6either the fact that the parents sou.ht to co-pel her to -arry a.ainst her wishes a le.al .round for deprivin. parents their parental authority over the child as to deny thethe ri.ht. S5AR Z 4S$ -A Fa0ts: >espondent 'anese filed a petition for writ of 1C vs. petitioner >enato Suare/, his -other 3 sister. She filed a -otion to dis-iss without pre+udice to her ri.ht to file another action for custody of -inor, contendin. that the issue as to who has ri.htful custody of the child could be fully ad+udicated in another action and not in the present action for 1C. TC .ranted -otion but with pre+udice. Issue: W76 order of dis-issal with pre+udice is res +udicata to present action for custody of -inor 3 support 8eld: The order of dis-issal cannot be considered as a valid ad+udication on the -erits which would serve as a bar to the second action for custody of -inor. TC dis-issed the case without statin. the reasons or the basis therefore, contrary to the constitutional -andate that decisions rendered by the court -ust clearly 3 distinctly state the law 3 facts on which it is based. 5t is worthy to note thou.h that the .round upon which the -otion to dis-iss was filed was erroneous since the <uestion as to who shall have custody of the child can be sufficiently resolved in the petition for writ of 1C pursuant to >ule 1)2, >7C. The controversy in the instant case involves a liti.ation initiated by the natural -other over the welfare 3 custody of her child, in which the State has a para-ount interest. The funda-ental policy in the Constitution pro-otin. 3 protectin. the welfare of children should not be disre.arded by a -ere technicality in resolvin. disputes which involve the fa-ily 3 youth. 2A.4 Z 4S$ -A Fa0ts: Three separate infor-ation !1 ho-icide, 2 frustrated ho-icide% were filed vs. ;alve/ !incu-bent -ayor of one of the towns in "ulacan ... eter, don=t follow his footsteps, 7S2% for the alle.ed shootin. of the 4inculados. Said infos. were later withdrawn in a 'otion by the prosecutor, but on the sa-e day, filed four separate infor-ation !sa-e three plus ille.al possession of firear-s%. Cud.e ordered the arrest of the petitioners since no bail was reco--ended. Issue: W76 petition for 1C was properly filed to.ether with the present petition for certiorari and -anda-us 8eld: Writ of 1C and certiorari -ay be ancillary to each other where necessary to .ive effect to the supervisory powers of the hi.her courts. The writ reaches the body 3 +urisdictional -atters while certiorari reaches the record. "ut 1C does not lie where pet. has the re-edy of appeal or certiorari because it will not be per-itted to perfor- the functions of a writ of error or appeal for the purpose of reviewin. -ere errors or irre.ularities in the proceedin.s of a court havin. +urisdiction over the person 3 sub+ect -atter.

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

Writ cannot be .ranted in the case at bar since petitioners failed to adduce any +ustification or e?ceptional circu-stances which would warrant the .rant of such writ. 1C is not ordinarily available in advance of trial to deter-ine +urisdictional <uestions that -ay arise. 5n the absence of e?ceptional circu-stances, the orderly course of trial should be pursued 3 the usual re-edies e?hausted before the writ -ay be invo&ed. etition for 1C is not the appropriate vehicle for assertin. a ri.ht to bail or vindicatin. its denial. : 3:. 4S$ FI25 R3A

FA-TS: , cri-inal co-plaint was filed a.ainst ;overnor aredes for violation of the ,nti*;raft and Corrupt ractices ,ct. , preli-inary investi.ation was held but the su--ons for aredes to appear therein did not reach hi-. ,n infor-ation was subse<uently filed and a warrant of arrest issued a.ainst aredes. 1e now petitions for habeas corpus on the .round that the preli-inary investi.ation was invalid and that the offense has prescribed. ISS5 : W76 the circu-stances constitute valid .rounds for the issuance of a writ of habeas corpus. 8 .D: 67. The absence of a preli-inary investi.ation does not affect the court=s +urisdiction over the case nor i-pair the validity of the infor-ation or otherwise render it defective. The re-edy of the accused in such a case is to call the attention of the court to the lac& of a preli-inary investi.ation and de-and, as a -atter of ri.ht, that one be conducted. The court, instead of dis-issin. the infor-ation, should -erely suspend the trial and order the fiscal to conduct a preli-inary investi.ation. The defense of prescription of the offense should be pleaded in the cri-inal action, otherwise it would be dee-ed waived. 5t is a proper .round for a -otion to <uash which should be filed before the arrai.n-ent of the accused for whether the cri-e -ay still be prosecuted and penali/ed should be deter-ined in the cri-inal case not in a special proceedin. of habeas corpus. ,ll <uestions which -ay arise in the orderly course of a cri-inal prosecution are to be deter-ined by the court to whose +urisdiction the defendant has been sub+ected by the law, and the fact that a defendant has a .ood and sufficient defense to a cri-inal char.e on which he is held will not entitle hi- to his dischar.e on habeas corpus. I.A2A1 4$ 1RI. !When ,e ,ent to Da%ao, Judge Luitain, the Daddy o+ Mamay, introdu*ed as to Atty. 0lagan ,ho ,as then 'res. o+ 0ntegrated Bar o+ the Phils. Da%ao Cha'ter. May 'i*ture 'a (ami ,F him. Fa0ts: ,tty. 5la.an was arrested in Davao City 3 detained on the basis of a -ission order alle.edly issued by the 'inistry of 6at=l. Defense. 1e was visited by 1A lawyers fr. 5" Davao Chapter. 7ne of the visitors was also arrested 3 detinaed on the basis of an unsi.ned '7. ,fter several days, another 5" -e-ber was arrested. etitioners ar.ue that the arrests were ille.al 3 violative of the Consti, since arrests cannot be -ade on the basis of -ission orders. >esps. ,nswered that the Writ was suspended as to the- by virtue of roc. T2)FA* ,. 8eld: 5B the detained attys. Puestion their detention bec. of i-proper arrest, or that no preli- inv has been conducted, the re-edy is not a pet. for a writ of 1C but a 'otion for the TC to <uash the Warrant of ,rrest, 38or the info on .rounds provided by the rules or to as& for an investi.ation8 reinvesti.ation of the case. This pet. is now -ood 3 acade-ic bec. of cri-inal char.es for rebellion filed vs. the lawyers. .una v$ :laCa Bacts0 Supportin. the co-plaint for -urder were sworn state-ents of prosecution witness in the for- of P 3 , ta&en by the C investi.ator, 3 subscribed 3 sworn to before the resp. Cud.e at the ti-e of filin. co-p. Cud.e read to the proecution witnesses the P 3 ,. This was how he e?a-ined the-. The latter declared that their answers were true, freely 3 voluntarily -ade, 3 that they fully understood the P 3 , 3 were willin. to si.n their respective affidavits. Cud.e issued warrant of arrest. et. filed writ for certiorari on the .round that he was deprived of liberty w8o due process since the i-prison-ent 3 detention was the result of a W7, issued by ") #

FA-TS: The accused were found by the hilippine 6avy off the province of alawan with unta?ed blue*seal ci.arettes in their possession. They were brou.ht to 'anila and investi.ated. Durin. this preli-inary investi.ation, each of the accused e?ecuted affidavits and waived their ri.hts under ,rt. 12A of the > C !arbitrary detention%. 7n reco--endation of the 'anila fiscal, the accused were brou.ht bac& to alawan and another preli-inary investi.ation was held, alle.edly for the purpose of Gaffir-!in.% the truth of the sworn state-ents.H This ti-e, however, the accused declined counsel and readily affir-ed their previous affidavits. Their counsel filed a 'TP, clai-in. that the infor-ation was filed without a preli-inary investi.ation and, if there was, it was held in 'anila and not alawan where the alle.ed cri-e was co--itted. The lower court .ranted the 'TP, holdin. that the preli-inary investi.ation was conducted GhurriedlyH. ISS5 : W76 the trial court correctly dis-issed the infor-ation based on the lac& of preli-inary investi.ation. 8 .D: 67. ,ssu-in. that the trial court felt that the accused should have been .iven -ore Ga-ple chance and opportunity to be heard in the preli-inary investi.ationH, what it should have properly done was not to dis-iss the infor-ation but to hold the case in abeyance and conduct its own investi.ation or re<uire the fiscal to hold a reinvesti.ation. The absence of such investi.ation did not i-pair the validity of the infor-ation or otherwise render it defective. 'uch less did it affect the +urisdiction of the lower court over the case. 1RI. 4S$ SA.AZAR

FA-TS: Cuan once Enrile, ;re.orio 1onasan, and the anlilio spouses were arrested by 6 a.ents on a warrant of arrest issued by Cud.e Sala/ar. They were denied bail, none bein. reco--ended in the infor-ation which char.ed the- with the cri-e of rebellion with -urder and -ultiple frustrated -urder alle.edly co--itted durin. the failed coup atte-pt of Dec. 1((). Enrile and the anlilios filed this petition for habeas corpus, invo&in. denial of the constitutional ri.ht to bail. ISS5 : W76 a petition for habeas corpus is the appropriate vehicle for assertin. a ri.ht to bail or vindicatin. its denial. 8 .D: 67. The cri-inal case before Cud.e Sala/ar was the nor-al venue for invo&in. the petitioner=s ri.ht to have provisional liberty pendin. trial and +ud.-ent. The correct course was for petitioner to invo&e that +urisdiction by filin. a petition to be ad-itted to bail, clai-in. a ri.ht to bail per se by reason of the wea&ness of the evidence a.ainst hi-. 7nly after that re-edy was denied by the trial court should the review +urisdiction of the Supre-e Court have been invo&ed, and even then, not without first applyin. to the Court of ,ppeals if appropriate relief was also available there. The Court will no lon.er countenance pleas li&e the present that clearly short*circuit the +udicial process and burden it with the resolution of issues properly within the ori.inal co-petence of the lower courts. :AR D S 4S$ SA1DI2A1BA6A1

A M I S T A D : We live to serve!!! (A 99)

Aileen, Beng, Dinah, Jo Leah, Lourie, Mamay.WPS, Marisa (soon to be Claudia? , Minnie, Peter, !i"a With the special participation of the #biter Master Ella And the former slave-master turned into slave! -FRITZI

resp. +ud.e in violation of law since the e?awas not reduced to in writin. in the for- of sear*hing L J A. Cud.e clai-s substantial co-pliance. 8eld: There was substantial co-pliance. The e?istence of probable cause depends to a lar.e de.ree upon the findin. or opinion of the +ud.e conductin. the e?a-. >, 9$2$ does not prohibit the 'un Cud.e fr. adoptin. the <uestions as&ed by the previous investi.ator. The ter- Gsearchin. P 3 ,H -eans only ta&in. into consideration the purpose of the preli- e?a-, w8c is to deter-ine Gwhether there is a reasonable .round to believe that an offense has been co--itted 3 the accused is probably .uilty thereof so that a warrant of arrest -ay be issued 3 the accused be held for trial, such P=s havin. tendency to show the co--ission of the cri-e 3 the perpetrator.

") &