Professional Documents
Culture Documents
In your opinion, is the order of thr trial court correct under Rule
102? (2%)
Answer: No, Alma who is already convicted by final judgment, cannot be entitled to bail
under Sec. 14, Rule 102. The provision presupposes that she had not been convicted
yet. It provides that if she is lawfully imprisoned or restrained for an offense not
punishable by death, she may be recommitted to imprisonment or admitted to bail in the
discretion of the court or judge.
.
(11) : Widow A and her two children, both girls, aged 8 and 12 years old, reside in
Angeles City, Pampanga. A leaves her two daughters in their house at night because
she works in a brothel as a prostitute. Realizing the danger to the morals of these two
girls, B, the father of the deceased husband of A, files a petition for habeas corpus
against A for the custody of the girls in the Family Court in Angeles City. In the said
petition, B alleges that he is entitled to the custody of the two girls because their mother
is living a disgraceful life. The court issues the writ of habeas corpus. When A learns of
the petition and the writ, she brings her two children to Cebu City. At the expense of B,
the sheriff of the said Family Court goes to Cebu City and serves the writ on A. A files
her comment on the petition raising the following defense: B has no personality to
institute the petition. Resolve the petition in the light of the above defense of A. (6%)
Answer: B, father of the deceased husband of A, has the personality to institute the
petition for habeas corpus of the two minor girls, because the grandparent has the right
of custody as against the mother A, who is a prostitute .
(1) Application for the writ shall be by petition signed and verified either by the party for
whose relief it is intended, or by some person on his behalf, and shall set forth:
(a) That the person in whose behalf the application is made is imprisoned or restrained
of his liberty;
(b) The officer or name of the person by whom he is so imprisoned or restrained; or, if
both are unknown or uncertain, such officer or person may be described by an
assumed appellation, and the person who is served with the writ shall be deemed
the person intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such person, if it can be
procured without impairing the efficiency of the remedy; or, if the imprisonment or
restraint is without any legal authority, such fact shall appear .
(1) When the person to be produced is imprisoned or restrained by an officer, the person
who makes the return shall state therein, and in other cases the person in whose
custody the prisoner is found shall state, in writing to the court or judge before whom the
writ is returnable, plainly and unequivocably:
(a) Whether he has or has not the party in his custody or power, or under restraint;
(b) If he has the party in his custody or power, or under restraint, the authority and the
true and whole cause thereof, set forth at large, with a copy of the writ, order,
execution, or other process, if any, upon which the party is held;
(c) If the party is in his custody or power or is restrained by him, and is not produced,
particularly the nature and gravity of the sickness or infirmity of such party by
reason of which he cannot, without danger, be brought before the court or judge;
Unconditionally commands the respondent to Requires the respondent to appear and show
have the body of the detained person before cause why the peremptory writ should not be
the court at a time and place therein specified; granted
(1) If it appears that the person alleged to be restrained of his liberty is in the custody of an
officer under process issued by a court or judge or by virtue of a judgment or order of a
court of record, and that the court or judge had jurisdiction to issue the process, render
the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction
appears after the writ is allowed, the person shall not be discharged by reason of any
informality or defect in the process, judgment, or order. Nor shall anything in this rule be
held to authorize the discharge of a person charged with or convicted of an offense in
the Philippines, or of a person suffering imprisonment under lawful judgment .
.
Quantum of prof Quantum of proof: Quantum of prof
By substantial evidence.
Preponderance of evidence Private respondent to prove Substantial evidence
ordinary diligence was
observed in the performance
of duty. Public
official/employee respondent to
prove extraordinary diligence
was observed, and cannot
invoke the presumption that
official duty has been regularly
performed to evade
responsibility or liability.
(1) The Family Court has exclusive original jurisdiction to hear petitions for custody of
minors and the issuance of the writ of in relation to custody of minors.
The Court is tasked with the duty of promulgating special rules or procedure for the
disposition of family cases with the best interests of the minor as primary consideration,
taking into account the United Nations Convention on the Rights of the Child. It should
be clarified that the writ is issued by the Family Court only in relation to custody of
minors. An ordinary petition for should be filed in the regular Court. The
issue of child custody may be tackled by the Family Court without need of a separate
petition for custody being filed.
(2) The Committee chose the phrase ―any person claiming custody‖ as it is broad enough
to cover the following: (a) the unlawful deprivation of the custody of a minor; or (b) which
parent shall have the care and custody of a minor, when such parent is in the midst of
nullity, annulment or legal separation proceedings .
(3) The hearings on custody of minors may, at the discretion of the court, be closed to the
public and the records of the case shall not be released to non-parties without its
approval .
(4) A motion to dismiss the petition is not allowed except on the ground of lack of
jurisdiction over the subject matter or over the parties. Any other ground that might
warrant the dismissal of the petition shall be raised as an affirmative defense in the
answer .
(5) Upon the filing of the verified answer of the expiration of the period to file it, the court
may order a social worker to make a case study of the minor and the parties and to
submit a report and recommendation to the court at least three days before the
scheduled pre-trial .
(6) Hold Departure Order – The minor child subject of the petition shall not be brought out of
the country without prior order from the court while the petition is pending. The court
or upon application under oath may issue a hold departure order
addressed to the BID of the DOJ a copy of the hold departure order within 24 hours
from its issuance and through the fastest available means of transmittal .
(7) The petition may be filed with the regular court in the absence of the presiding judge of
the Family Court, provided, however, that the regular court shall refer the case to the
Family court as soon as its presiding judge returns to duty. Section 20 of AM No. 03-04-
04-SC states that the writ shall be enforceable within the judicial region to which the
Family Court belongs. Considering that the writ is made enforceable within the judicial
region, petitions for the issuance of the writ of , whether they be filed
under Rule 102 of the Rules of Court or pursuant to Section 20 of AM No. 03-04-04-SC,
may be filed with any of the proper RTC within the regional region where enforecement
thereof is sought. Furthermore, service of summons is not required in a
petition, be it under Rule 102 of the Rules of Court or AM No. 03-04-04-SC. A writ of
plays a role somewhat comparable to a summons in ordinary civil
actions, in that, by service of said writ, the court acquires jurisdiction over the person of
the respondent .
Writ of Amparo