Consolidated Spec Proceedings Notes Final
Consolidated Spec Proceedings Notes Final
Consolidated Spec Proceedings Notes Final
apply
suppletory
May involve
only one party
Special Proceedings
-
Special
Proceedings
A remedy by
which a party
seeks
to
establish
a
status, a right,
or a particular
fact
Governed by
special rules,
and in the
absence
of
special
provisions,
the
rules
provided for
in
ordinary
actions shall
be, as far as
practicable,
Criminal
Procedure
The
State
prosecutes a
person for an
act
or
omission
punishable by
law
A proceeding
wherein
a
person
is
prosecuted by
the State for
acts
or
omissions
committed in
violation
of
penal
laws,
and to impose
the
corresponding
penalty
provided for
by penal laws
Governed by
the Revised
Rules
of
Criminal
Procedure
Ordinary
Civil Action
A party sues
another
for
the
enforcement
or protection
of a right, or
the prevention
or redress of a
wrong
Initiated
petition
Except
Habeas
Corpus, NOT
based on a
cause
of
action
Involves 2 or
more parties
Initiated
by
complaint
Based
cause
action
on a
of
Governed by
the rules for
ordinary civil
actions
by
Involves the
State against
the accused
Initiated
by
complaint (but
filed in court
by
Information)
Based on an
act
or
omission
punishable by
law
R72-109
1987 Constitution
RA7160 Katarungang Pambarangay Law
BP 129 or the Judiciary Reorganization Act
of 1980
RA 7691 or An Act Expanding the
Jurisdiction of the MTC (particularly those
with respect to gross estate of the
deceased)
A8 S5 P5, 1985 Constitution
Administrative Circulars issued by SC
o AM 3-2-5- Guardianship of Minors
o AM 3-4-4- Custody of Minors/HC
o AM 8-1-16- Habeas Data
o AM 7-9-12- Amparo
RA 9048 or Correction of Entries in the Civil
Registry
RA 8042
Jurisprudence
RA 9262
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
A8 S1
Judicial Power shall be vested in 1 Supreme Court
and in all other courts as may be established by law.
A8 S2
The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the
various courts but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in
Section 5 thereof
A8 S5 P5
The Supreme Court shall promulgate rules
concerning the protection and enforcement of
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice
of law, the IBP, and legal assistance to the
underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of
special courts and quasi judicial bodies shall remain
effective unless disapproved by the Supreme Court.
A6 S30
No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
A7 S18 P3
A8 S5
The Supreme Court shall have the following powers:
1.
2.
all
cases
in
which
the
constitutionality or validity of any
treaty, international or executive
agreement,
law,
presidential
decree,
proclamation,
order,
instruction,
ordinance,
or
regulation is in question
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
b.
c.
d.
e.
A3 S15
The privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion
or when public safety requires it.
A15 S1
(Others) :
A2 S11
A15 S2
A2 S12
The state recognizes the sanctity of the family and
shall protect and strengthen the family as a basic
autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth
for civic efficiency and moral character shall receive
the support of the government.
(A3 S13
A15 S3
The State shall defend:
1.
2.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
A15 S4
The family has the duty to care for its elderly
members but the state may also do so through just
program of social security.
Why?
Because these are proceedings tending to establish a
status, a right, or a particular fact
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
apply
Jurisdiction
-
2.
Verification
Certification against non forum shopping
Basis: Rule 72 S2
(S)
3.
YES!
Basis: Rule 72 S2
4.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Venue:
R73 S1
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
f.
JUDICIAL or EXTRAJUDICIAL
Judicial- with court intervention
Extrajudicial- without court intervention
2.
-
Requirements:
a.
b.
c.
d.
e.
No will / intestate
No outstanding debts
One surviving heir / sole heir
Affidavit of adjudication of sole heirship
filed in Office of Register of Deeds
File bond equivalent to the value of
personal property or lien in favour of
creditors in case of real property
1.
2.
3.
4.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
f.
g.
h.
Publication
Bond- can go after it
File petition for surrender of your share as
far as estate of deceased is concerned
C.
Property:
a.
No.............
b.
c.
d.
e.
S1 to S4 R74
-
g.
h.
i.
j.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Lawyer- 5k
Appearance fee- 2k
-
b.
Imprescriptible
2.
What is a WILL?
-
Declaratory relief
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Probate of a will
2 kinds of Will
1.
2.
Notarial Will
Holographic Will
V.
VI.
VII.
VIII.
PROCEDURAL REQUIREMENTS:
I.
II.
III.
IV.
Jurisdictional facts
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
4.
5.
Notarial Will
-
Testimony niya?
o Pwede
a.
b.
If a will is probated, it is valid as far as due execution
is concerned.
Once a decision is made, it is conclusive, and can no
longer be questioned
c.
d.
Distribute shares
Determine who are the legal heirs
Issue warrants and processes to secure
attendance of witnesses
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
c.
d.
e.
f.
g.
h.
2.
By notary public
Rule 76 S9
3.
1.
2.
3.
4.
5.
2.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Probate of a will,
-
How to prove?
-
YES!
In 2 instances:
-
Requisites:
1.
2.
3.
4.
5.
Surviving spouse
Next of kin
Any person interested in the will, or
creditor
Any person the court may appoint
Requisites to be appointed:
EXECUTOR: (Rule 78 S4)
-
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Minor
2.
Non resident
3.
Competent
Appointed by the court
Files petition for letters of administration
o Jurisdictional facts
o Names, ages, residences of heirs,
creditors
o Probative value and character of
the estate
o Name of person for whom letters
are prayed
estafa
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
2.
3.
absconding
NOT ABSOLUTE!
Other grounds:
1.
2.
Death
Resignation, etc
Special Administrator
or
2.
3.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
1.
Rule 83 INVENTORIES
Witness is a
o party or
o assignor of a party
to a case of persons in
whose behalf a case is
prosecuted
action is against
o executor or
o administrator or
o other representative of deceased
person or
o person of unsound mind
testimony refers to
o any matter of fact which occurred
before the death of such deceased
person or before such person of
unsound mind
Question on rentals.
motion?
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
2.
3.
4.
Absolute claims
Contingent claims
2.
3.
4.
on
executor
or
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
2.
3.
To enforce lien
In short,
1.
2.
3.
Foreclose
Contingent claim
o Both must be present to be able to
claim deficiency
o Pay wala, wala!
Pag foreclose lang
Pag contingent claim lang
Bond filed
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
the
Sale, Encumbrance of Property of Estate: (Rule 89)(no property of estate may be sold without court
approval)
1.
2.
3.
NO!!!
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
o
o
o
(E)
ESCHEAT (Rule 91)
What is escheat?
-
(S4)
o
o
NO
o
(S6)
o
Gen
or
Rule 91 S2
Hearing to be conducted not higher than 6 months
from entry of order, copy of order to be published
once a week for 6 consecutive weeks in a newspaper
of general circulation
Rule 91 S3
Effects of declaration of Escheat:
Resident decedent
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
(G)
GUARDIANSHIP
(Rules 92-97, Guardianship of Incompetents; AM 32-5, Guardianship of Minors)
What is guardianship?
-
Guardian
Jurisdiction / Venue of Escheat proceedings:
RTC or MTC (depends upon gross value of the estate)
of the place where the decedent last resided before
his death or if a non resident, where his estate is
situated (Rule 91 S1)
Escheat
Decedent died
without a will,
no heirs, but
with property
Expropriation
Payment of just
compensation
Reversion
Concerns
property
for
public use
Relative
Parent
Guardian
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Brother or sister
2.
Minors:
Actual custodian
3.
In case of incompetent:
Rule 93 S1 (if incompetent is a resident)
1.
2.
3.
4.
Relative
Friend
Other person in behalf of an incompetent
who has no parents or lawful guardian
Secretary of Health in case of insane person
who should be hospitalized or in favour of
an isolated leper
Hospitalized lepers
Prodigals
Relative
Friend of such person
Any person interested in his estate, in
expectancy or otherwise
Secretary of Health in case of insane minor
who needs to be hospitalized
Kinds of Guardians
1.
2.
3.
Parents
Actual custodian,
o
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Duties of a guardian:
-
Give bond
Render inventory
Faithfully execute duties of trust
Render accounting of estate and interests
Settle debts
Deliver estate, effects, moneys to persons
lawfully entitled thereto
Perform all orders of the court required by
him to be performed
Care and custody of ward, management of
estate, or both
Pay debts of ward out of personal property
or income of real property
Settle all accounts, sue for, receive debts
with court approval
Appear for and represent ward in all actions
and special proceedings
Manage estate of ward without waste,
apply income and profits for best interests
of the ward
If income is insufficient for purposes, sell or
encumber real estate when authorized by
court to do so, apply proceeds for
maintenance of the ward
Ward died
(97 1- Incompetents)
-
Competency
determined
of
ward
is
judicially
Death of guardian
Death of ward
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
S2, AM 03-04-04-SC
(S13)
1.
2.
3.
4.
5.
6.
Jurisdiction/Venue: (S3)
Family Court of the place where the minor resides
(NOTE: Can also be filed with MTC, RTC, CA, SC [?])
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Marital misconduct
Unfitness of petitioner
Trust
-
Protection orders:
(S17) requiring any person,
1.
2.
3.
4.
5.
6.
(include those provisional remedies under Rules 5761 of the Rules of Court)
(T)
TRUSTEESHIP
(Rule 98)
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
EXCEPT:
If adopter is biological
parent of adoptee
If adopter is the spouse of
the adoptive parent
In a position to support and care for his or
her children in keeping with the means of
the family
o
(A)
ADOPTION
2.
Alien
Kinds of adoption:
1.
2.
Jurisdiction / Venue
1.
2.
Filipino Citizen
Of legal age
In possession of full civil capacity and legal
rights
Of good moral character
Not convicted of any crime involving moral
turpitude
Emotionally and psychologically capable of
caring for children
At least 16 years older than adoptee
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
3.
Guardian
ICAA
1.
2.
2.
3.
4.
5.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
6.
Notes:
Correction of simulated birth may be
simultaneously with petition for adoption
filed
Dependent Child
-
Neglected Child
Voluntarily Committed Child
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
1.
2.
3.
4.
5.
6.
7.
8.
(R)
RESCISSION/REVOCATION OF ADOPTION
ICAB
-
Grounds:
1.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
2.
3.
4.
(H)
Jurisdiction / Venue:
(Rule 101)
Who may file? (ONLY the ADOPTEE)
-
Adoptee above 18 y o
If a minor, with DSWD assistance
If higher than 18, but incapacitated, assisted
by guardian or counsel
Jurisdiction / venue:
RTC of the place where the insane may be found
When filed?
Within 5 years after reaching age of majority or if
incapacitated at the time of adoption, within 5 years
after recovering from the incompetency
Hospitalization of
Insane Persons
Governed by Rule 101
Special proceeding
File a petition
Filed
by
Regional
Director of DOH
Insane Person
-
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
CONSTITUTIONAL BASIS:
A8 S5 P5
The Supreme Court shall promulgate rules
concerning the protection and enforcement of
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice
of law, the IBP, and legal assistance to the
underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of
special courts and quasi judicial bodies shall remain
effective unless disapproved by the Supreme Court.
A3 S15
The privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion
or when public safety requires it.
A7 S18 P3
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
within 30 days from its filing.
(H)
HABEAS CORPUS
(Rule 102)
+
WRIT OF AMPARO
(AM 7-9-12-SC)
+
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
CA
Supreme Court
o In the higher 2 courts, enforceable
throughout the Phils
o Returnable in CA, SC, any justice or
in RTC
Sandiganbayan
o Person detaining is a public official
2.
3.
4.
5.
6.
7.
8.
9.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Habeas Data
-
2.
3.
4.
5.
review
of
of
by
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
a.
b.
c.
The right to
a. life,
b. liberty,
c. and security
i. of an aggrieved party
violated or threatened
with violation by
1. an unlawful act
or omission of
the respondent,
and
e.
f.
Habeas data
-
2.
3.
4.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Peremptory writ of
habeas corpus / writ of
habeas corpus
Writ addressed to a
person in custody or
detaining another to
produce the body of the
prisoner at a certain time
and place designated
therein
Preliminary citation
a.
Motion to dismiss
b.
c.
d.
e.
f.
g.
Reply
h.
i.
Intervention
j.
Memorandum
k.
l.
Preliminary Citation
-
Further notes:
Pag hindi pwede ang writ of habeas corpus, go with
amparo
If there is a pending criminal case, you can file
amparo with the same criminal case
72-hour rule (NOTE)
If not extrajudicial, not enforced disappearance, will
amparo apply? (MAY RECENT CASE DITO)
(FOR
FURTHER
attachments/tables)
DISTINCTIONS,
see
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
6.
(C)
Change of Name
Rule 103
Correction of Entry
Rule 108
Change of Name
-
Grounds:
1.
2.
3.
4.
5.
Judicial
RA 9048
administrative
Rule 108
Substantial changes for
correction of entries in
the Civil Register
RA 9048
Clerical errors in entry,
plus change of first name
or nickname
The SC denied it
o Sex reassignment- bawal
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
No law allows it
st
Change of 1 name not
falling under the grounds
in RA 9048
The SC allowed it
By nature, she had 2 sexes, both male and
female,
o Hence, she should not be deprived
of right to choose whether to be a
man or a woman, because it was
there by nature
NOTE:
Principle of Sexual Reassignment (Silverio Case)
Births
Marriages
Deaths
Legal separations
Judgment of annulment of marriage
Judgment declaring marriage void ab initio
Legitimations
Adoptions
Acknowledgment of natural children
Naturalization
Election, loss, recovery of citizenship
civil interdiction
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
(V)
VOLUNTARY DISSOLUTION OF CORPORATIONS
(Now governed by CORPORATION CODE, S118-119,
BP68)
Derivative suit
Suit filed by minority stockholders for and in
behalf of the corporation
2.
3.
Quo Warranto
4.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
(J)
JUDICIAL DECLARATION OF MINOR NATURAL
CHILDREN
(NOW governed by FAMILY CODE)
Legitimate children
Illegitimate children
Legitimated children
Legitimate
and
legitimated
children,
under rules of succession,
are
entitled
to
successional rights, being
st
the 1 in priority
Illegitimate children are
entitled to of that to be
inherited by legitimate
children and legitimated
children
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Non-payment of taxes
2.
3.
4.
FAMILY HOME
-
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
(D)
DECLARATION OF ABSENCE and PRESUMPTIVE
DEATH
Basis:
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
a.
b.
c.
d.
What to petition?
An:
1.
2.
3.
a.
interested party
relative
friend
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
b.
The
a.
b.
c.
names,
ages,
and residences
i. of the heirs instituted in
the will,
ii. copy of which shall be
presented, and
iii. of relatives who would
succeed by the law of
intestacy
c.
d.
3.
As to the property,
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
1.
2.
a.
b.
c.
d.
e.
f.
48 hours
As amended by resolution of SC
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
PROVISIONAL ORDERS:
-
Spousal support
Visitation rights
Administration of ACP/CPG
Prejudicial Question?
(AM
DEPENDS.
Dapat, nullity first before criminal case
Civil and Criminal action
SALIENT PROVISIONS:
S2- Petition for declaration of absolute nullity of
void marriages
a.
b.
WHERE TO FILE
c.
IMPRESCRIPTIBILITY
DEFENSE
OF
ACTION
OR
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
d.
WHAT TO ALLEGE
2.
3.
4.
5.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
a.
b.
6.
b.
S4- Venue
The petition shall be filed in the Family Court of the
province or city
c.
3.
4.
2.
It shall
a. state the names and ages of the
common children of the parties
and
WHERE TO FILE
b.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
b.
b.
c.
d.
Future support
e.
Jurisdiction of courts
f.
Future legitime
If there is no collusion,
-
S6- Summons
1.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
2.
b.
Docket number
c.
d.
e.
Provisional Orders:
Provisional orders which can be applied (S5 AM 0211-10-SC):
S8- Answer
1.
spousal support,
visitation rights,
administration of community or
conjugal property, and
support
of
What else?
Remedies in case of adverse decision:
S20- Appeal
1.
PRE CONDITION
2.
NOTICE OF APPEAL
PROTECTION ORDERS
AM 02-11-12-SC Rule on Provisional Orders in
relation to RA 9262 or the Violence against Women
and Children Act
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
How applied?
SEC. 11. How to Apply for a Protection Order. The
application for a protection order must be in writing,
signed and verified under oath by the applicant. It
may be filed as an independent action or as
incidental relief in any civil or criminal case the
subject matter or issues thereof partakes of a
violence as described in this Act. A standard
protection order application form, written in English
with translation to the major local languages, shall
be made available to facilitate applications for
protections order, and shall contain, among other,
the following information:
a.
b.
c.
d.
e.
f.
g.
b.
c.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
d.
e.
f.
i.
j.
k.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez
f.
g.
h.
i.
Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS
Notes by: Paul Lemuel E. Chavez