SPECIAL PROCEEDINGS

ASSIGNMENT
21 March 2020

TOPICS COVERED:

Special Writs (Habeas Corpus, Habeas Data, Amparo and Kalikasan)

Change of Name and Correction of Entries in the Civil Registry
Appeals in Special Proceedings

Answer the following questions as succinctly as possible and cite relevant laws, rules
and jurisprudence.

1. Can a person whose liberty is illegally restrained by a private individual avail

of the remedy of a writ of habeas corpus? Explain.

2. In habeas corpus proceedings, when is a return considered evidence of the

cause of restraint and when it is deemed only a plea of facts? What is the difference
between the two?

3. Are the writs of habeas corpus, habeas data and amparo mutually exclusive?
Can they be resorted to simultaneously or successively?

4. Discuss at least three (3) salient features each of the writ of habeas data and
writ of amparo.

5. When can a writ of kalikasan properly issue? And how is it different from a
continuing mandamus under Rule 8 of the Rules of Procedure for Environmental
Cases?

6. Discuss the concept of a Strategic Lawsuit Against Public Participation and how
it can be raised as a defense in an environmental case.

7. What is the precautionary principle and how is it applied in environmental

cases?

8. Suppose a child’s surname was recorded in his birth certificate as “CRUZ” when
it truth it should have been “STA. CRUZ”. Upon reaching the age of majority, he wishes
to revert to his real surname “STA. CRUZ”. Would this involve an administrative
correction, a change of name under Rule 103 or a correction of entry in the Civil
Registry under Rule 108? Explain.

9. When is an administrative correction of entries in the civil registry allowed?

10. What impact does Republic Act No. 10172 have on the existing rules on
administrative correction of entries in the civil registry?

11. Would a resort to a Rule 108 petition be allowed to change the marital status of
a Filipino whose foreigner spouse obtained a foreign divorce decree?

12. What are the allowable grounds for a change of name?

13. Is an order dismissing a petition to be appointed administrator of an estate

appealable? If yes, what is the mode? If no, what relief, if any, is available to the
aggrieved petitioner?

14. Why is a record on appeal required in appeals in special proceedings?

15. Is the enumeration of appealable matters under Rule 109 exclusive? If no, what
other matters are appealable in special proceedings?