Please enable JavaScript.
Coggle requires JavaScript to display documents.
Specpro - Meeting 6 (Rule 101;Habeas;Change of Names - Coggle Diagram
Specpro - Meeting 6 (Rule 101;Habeas;Change of Names
RULE 101: PROCEEDINGS FOR HOSPITALIZATION OF INSANE PERSONS
Habeas Corpus
Change of Name/Cancellation or Correction of Entries in the Civil Registry
Constitution of Family Home Rule 106
Absentees Rule 107
Section 1. Appointment of representative
-
When a person disappears from his domicile,
his whereabouts being unknown, and
without having left an agent to administer his property, or the power conferred upon the agent has expired,
Any interested party, relative or friend may petition the Court of First Instance of the place where the absentee resided before his dis-appearance, for the appointment of a person to represent him provisionally in all that may be necessary.
Section 2. Declaration of absence; who may petition
- Only the ff persons are given standing to file petition for declaration of absence:
spouse present
heirs instituted in a will, who may present an authentic copy of the same
relatives who would succeed by the law of intestacy; and
Those who have over the property of the absentee some right subordinated to the condition of his death
Section 3. Contents of petition
- must show the following:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs instituted in the will, copy of which shall be presented, and of the relatives who would succeed by the law of intestacy;
(c) The names and residences of creditors and others who may have any adverse interest over the property of the absentee;
(d) The probable value, location and character of the property belonging to the absentee.
Section 4. Time of hearing; notice and publication thereof
The court shall fix a date and place for the hearing thereof where all concerned may appear to contest the petition.
Copies of the notice of the time and place fixed for the hearing shall be served upon the known heirs, legatees, devisees, creditors and other interested persons, at least ten (10) days before the day of the hearing,
shall be published once a week for three (3) consecutive weeks prior to the time designated for the hearing, in a newspaper of general circulation in the province or city where the absentee resides, as the court shall deem best.
1 more item...
Section 6. Proof at hearing; order
Section 7. Who may be appointed
-
The spouse is preferred when there is no legal separation
Legal basis: NCC Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation
If there is no spouse, or if the spouse is a minor - any other competent person
Section 8. Termination of administration
- he trusteeship or administration of the property of the absentee shall cease upon order of the court in any of the following cases:
Proof of Death - When the death of the absentee is proved and his testate or intestate heirs appear;
Third Person - When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title.
In these cases the trustee or administrator shall cease in the performance of his office, and the property shall be placed at the disposal of whose may have a right thereto.
1 more item...
Proof at hearing
: Petitioner must show compliance with
Sending notice and publication under Section 4, and
Present satisfactory proof of the allegations in the petition
1 more item...
When Filed -
GR
- without any news about the absentee or since the receipt of the last news,
XCPN
- or of five (5) years in case the absentee has left a person in charge of the administration of his property
Nature as Ancilliary declaration
-
GR
- There is no such thing as an independent action for declaration of presumption of death The presumption may arise and be invoked in an action or special proceeding.
XCPN
- Under FC 41, for the purpose of the present spouse contracting a 2nd marriage, he or she must file summary proceeding for declaration of presumptive death of the absentee, without prejudice to the latter’s reappearance
1 more item...
When Proper
-
Properties
- may only be initiated when the absentee has left properties that need to be administered by a representative
Lapse of Period
- period of absence that must first lapse before proceedings under this rule may be commenced.
Purpose of Rule
- declaration of absence made in accordance with the provisions of the Civil Code has for its sole purpose to enable the taking of the necessary precautions for the administration of the estate of the absentee.
Provisional Representative
- Petition for appointment of absentee’s representative may be initiated by:
Any interested party
Absentee’s relative, or
Absentee’s friend.
Repeal
- Under the Family Code, there is no need to file a verified petition for the constitution of family home
Definition of Family Home -
The dwelling house where the husband and wife or the unmarried head of a family and their family reside, and the land on which it is situated.
Where the Family home is Constituted -
must be established on:
Properties of the Community property
Exclusive property of either spouse with the consent of the other
Property of the unmarried head of the family.
Where it cannot be established
- The family home cannot be established on property held in co-ownership with third persons
Beneficiaries of a Family Home -
Husband and wife
Unmarried head of a family
Their parents, ascendants, descendants, brothers, and sisters, whether legitimate or illegitimate, who are:
Living in the family home; and
Depend upon the head of the family for legal support
Value Limitation
- At the time of its constitution, the actual value of the family home must not exceed:
300K - urban areas
200K - rural areas
For purposes of availing of the benefits of a family home, a person may constitute, or be the beneficiary of, only one family home [Art. 161, FC]
When Constituted
- A family home is deemed constituted on a house and lot from the time it is occupied as a family residence [Art. 153, FC]
no need to constitute the family home judicially or extrajudicially
e creditors should take the necessary precautions to protect their interest before extending credit to the spouses or head of the family who owns the home
Exemption from Execution
-
GR
- The family home shall be exempt from execution, forced sale or attachment [Art. 155, FC]
XCPN
-
Non-payment of taxes;
Debts incurred prior to the constitution of the family home;
Debts secured by mortgages on the premises before or after such constitution; and
Debts due to laborers, mechanics, architects, builders, material men and others who have rendered service or furnished material for the construction of the building.
Period of Exemption
- The exemption is effective from the time of the constitution of the family home
As such, it lasts so long as any of its beneficiaries actually resides therein
Who can Claim Right to Exemption
- The right to exemption or forced sale of the family home is a personal privilege granted to the judgment debtor
As such, it must be claimed by the debtor himself before the sale of the property at public auction
It cannot be claimed by the sheriff
2 more items...
Transfer/Encumbrance of Family Home -
The family home may be sold, alienated, donated, assigned or encumbered by the owner/s with the WRITTEN CONSENT OF:
Person constituting the family home
His/her spouse
A majority of the beneficiaries of legal age
In case of conflict, the court shall decide
Effect of Death of Person Constituting
- The family home shall continue despite the death of one or both spouse or of the unmarried head of the family for:
A period of 10 years; or
As long as there is a minor beneficiary
Prohibition on Partition
-
1.GR - The heirs cannot partition the family home
XCPN - Unless the court finds compelling reasons
This rule applies regardless of whoever owns the property or constituted the family home
Q. If you live alone, can there be family home? -
DC - Any house really is a family home. Legal concept to ensure that there is exemption from execution.
Rule 108/NCC 412 - Cancellation Or Correction Of Entries In The Civil Registry
Section 1. Who may file petition
- Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register.
Who are Entitled to Oppose Sec. 5 -
Oppositors
- The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought
Period to Oppose
- may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto.
Section 2. Entries subject to cancellation or correction
- Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected:
(a) births:
(b) marriage;
(c) deaths;
(d) legal separations;
(e) judgments of annulments of marriage;
(f) judgments declaring marriages void from the beginning;
(g) legitimations;
(h) adoptions;
(i) acknowledgments of natural children;
(j) naturalization;
(k) election, loss or recovery of citizenship;
(l) civil interdiction;
(m) judicial determination of filiation;
(n) voluntary emancipation of a minor; and
(o) changes of name.
Section 6. Expediting proceedings
- The court in which the proceeding is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.
Section 7. Order
- After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotated the same in his record.
Section 3. Parties
- Under Rule 108.3, the following shall be made parties to the proceeding:
Civil Registrar
All persons who have a claim or interest which would be affected by a proceeding concerning the cancellation/correction of an entry.
This means that such parties must be impleaded and, failure to implead + publication cannot cure the lack of summons on the person who was not impleaded.
Exception to Impleading
- The following are deemed notified through publication despite failure to implead as party respondents:
of one who is inadvertently left out or,
not established to be known by the petitioner
Actually participated in the proceeding
Procedural Requirements
-
Persons under 108.3 must be made parties to the proceeding
Upon the filing of the petition, the court must: (1) Issue an order fixing the time and place for the hearing of the petition; (2) Publish the order for hearing
Persons under 108.3 are also likewise entitled to oppose the petition.
Period to file a Petition
- Since there are no specific rules/governing laws applicable, NCC 1149 applies. Must be brought within five years from the time the right of action accrues”
When Accruing - When all the elements of a cause of action are present. Right, Obligation to respect right, act or omission violating the right.
This is determined from the date of the discovery of the error
Nature of Proceedings under 108
- Considered a proceeding in rem. This refers to Substantial corrections or cancellations of entries in civil registry records affecting the status or legitimacy of a person.
Thus, no need to acquire jurisdiction over the person of the petitioner. Sufficient that the trial court is vested with jurisdiction over the subject matter.
So long as the publication requirement is complied with, it serves as notice to all indispensable parties and the subsequent decision can bind the entire world.
Scope of the Proceedings
- Should be limited to the implementation of NCC 412, which concerns the correction of errors in the civil register.
GR - If under 412 (correction of clerical errors, or a harmless, innocuous nature, not changes involving civil status, nationality or citizenship, which are substantial and or controversial) then summary proceedings.
XCPN - one involving nationality or citizenship, which is indisputably substantial as well as controverted is adversarial i.e, non-summary in nature.
Effect of Correction/Cancellation
- the correction of an erroneous entry does not establish one’s status in a legal manner conclusively beyond dispute.
NCC 410, the civil registry and all documents related thereto are only prima facie evidence of the facts stated therein
the correction does not imply a change of status. Instead, consider a mere rectification of error to make the entry reflect the truth.
It follows that A petition for correction of entry cannot be used to either establish or dispute legitimacy.
Definition of Adversarial Proceedings
- one where all relevant facts have been fully and properly developed, where opposing counsel have been given opportunity to demolish the opposite party's case, and where the evidence has been thoroughly weighed and considered, the suit or proceeding is 'appropriate.
Rule 103 Change of Name
Section 1. Venue
- in the RTC where the person filing the petition resides.
Construction in Relation to RA 9048
- A correction for entry in the civil registrar may file,
GR - in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.
XCPN - Where petitioner has already migrated to another place or country and not practical to appear in person, petition may be filed with the local civil registrar of the place where the interested party is presently residing or domiciled
XCPN 2 - If Foreign Country, may file in person, with the nearest Consulate.
Is 103 adversarial?
DC - Yes. Notice must be given to the state/civil registrar. Burden of the petitioner here is to show when the change of name may be allowed. There's a burden on the part of the petitioner.
Is change of name a matter of right -
A - No.
Compare with administrative Remedy?
A - RA 9048 which allows as exception from 103/108. Dealing specifically with clerical or typographical errors + changes in first name//nickname + date of birth + Sex of person
Intersection between 103/108 and RA 9048
Distinguish between 103 and 108 -
Rule 103 = substantive changes in name;
Rule 108 = substantive changes in other entries/ correction or cancellation
What is the difference between cancellation and correction?
9048 - Birth Cert/ 108 - Covers enumerations under Sec. 2 but includes marriage certificates, death certificates, etc.,
DC - What is contemplated here are all records in the civil registry
Remedy from 9048 -
appeal the decision to the civil registrar general or
file the appropriate petition with the proper court.
By Whom Filed
- Rule 103.1 uses the generic term “persons” to signify all natural persons regardless of status. Thus, no limitation as to who may file, so long as natural person and verified, signed by the petitioner or agent.
The petitioner is still person seeking the change of name, but may be filed by some other person on his behalf
Nature of Change of Name
- A matter of judicial discretion and is not a matter of right.
Change of Name by Aliens
- A change of name by aliens not domiciled in the Philippines should not be allowed. The change would not benefit them as they will stay for only a short period of time.
The salutary effects resulting from the change of his social relation and condition may not be achieved
Change of name by Marriage
-
GR
- In case of annulment or divorce, continued use of husband's surname depends on who is the guilty party.
Wife is Guilty - Shall resume maiden name and surname
Innocent Party - May either resume or continue husband's surname unless:
Court decrees otherwise
Former husband remarries
XCPN
- In cases of legal separation, the wife shall continue using her name and surname employed before the legal separation.
Section 2. Contents of petition.
- Shall be signed and verified by petition/agent and shall set forth:
(a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing;
(b) The cause for which the change of the petitioner's name is sought;
(c) The name asked for.
Verification Requirement
- The verification requirement of a pleading is formal requisite, not a jurisdictional requisite. Intended to secure that the allegations in the pleading are true and correct and, that it is filed in good faith.
Effect of Non-Compliance with Verification
- Court may either:
Order the correction of the pleadings, if the verification is lacking or;
Act on the pleading although it is not verified
If the attending circumstances are such that strict compliance may be dispensed with so that the end of justice or law may be served.
Section 3. Order for hearing
- If the petition filed is sufficient in form and substance,
Fixing of Date
- the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing
Publication
- and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best.
Date of Hearing
- The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) month after the last publication of the notice.
Section 4. Hearing.
- Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.
Compliance with Jurisdictional Requirements -
Publication - For publication to be valid and effective, the published order should reproduce the title of the petition.
3 successive weeks, in newspaper of general circulation.
Title & Body of the Petition - Should include the following:
The applicant’s real name
His aliases or other names, if any
The name sought to be adopted even if these data are found in the body of the petition
Cause for which the change of his name is sought
2 more items...
Section 5. Judgment
- the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.
Section 6. Service of judgment
- Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.
Change of Name on the Basis of Gender
- in RP v. Cagandahan, the court granted the change of name and change of sex under Rules 103 and 108.
Determining factor in his gender classification would be the decision of the individual upon reaching the age of majority.
1 more item...
Purpose of Publication
- To apprise the public of the pendency of the petition so that those who may know of any legal objection to it might come forward with the information.
Effect of Discrepancy in the Petition and the Published Order
- Renders the petition void, court does not acquire jurisdiction.
This applies even in mistakes such as mistake in spelling or, failure to include the name sought to be adopted in the title of the petition or caption of the notice.
Significance of a Name
- the designation by which he is known and called in the community in which he lives and is best known. Names are descriptive of persons for identification.
However, where identity is certain, a variance in, or misspelling of the name is immaterial
Characteristics of a Name
-
It is absolute, intended to protect the individual from being confused with others
It is obligatory in certain respects, for nobody can be without a name.
It is fixed, unchangeable, or immutable, at least at the start, and may be changed only for good cause and by judicial proceedings
It is outside the commerce of man, and therefore, inalienable and intransmissible by act inter vivos or mortis cause
It is imprescriptible
Effect of Adoption
- The adopted child has the right to use the surname of the adopter. However, it is also an obligation under the law.
Definition of Name
- Refers to the name of a person given in the civil register, not any other given name.
Purpose of Rule 103
- Under NCC 376, no person may change their name or surname without judicial authority. Thus, need for a special proceeding under Rule 106.
This is to have a record of the change.
Nature of Proceeding Under 103
-
Involves substantial changes and objectives such as prevention of fraud.
Considered a proceeding in Rem
Thus need for strict compliance with all jurisdictional requirements such as publication.
Substantial - This is distinguished from Rule 108, which involves correction of clerical errors such as mistakes in copying or writing.
CB: What will be the distinction between Rule 103 and RA 9048?
Rule 103 covers substantial changes, while
RA 9048/Rule 412 covers changes in first name, nicknames, and clerical / typographical errors in either part of the name.
Rule 103 = substantive changes in name;
Rule 108 = substantive changes in other entries/ correction or cancellation
Requirement of Exhaustion of Administrative Petition
- Silverio v. Republic, the Court ruled that the intent of RA 9048 was to exclude the change of first name from the coverage of ROC 103 and 108 until and unless an administrative petition is first filed and then denied.
XCPN - Where Administrative proceedings are inapplicable, petition may be made directly.
How do you determine if it’s substantive or clerical? If it modifies substantive rights
Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner
Substantive Rights -
Section 1. To what habeas corpus extends.
- Extends to all cases of illegal confinement or detention
(1) Illegal deprivation of liberty
(2) Rightful custody of any person is withheld from the person entitled thereto
Purpose of Writ
- Inquire into the manner of involuntary restraint (as distinguished from voluntary), and to relieve a person therefrom if such restraint is illegal. aSpecifically:
Obtain immediate relief from illegal confinement
Liberate those who may be imprisoned without sufficient cause
Deliver them from unlawful custody
Nature of Restraint
-
GR - The restraint must be actual and effective, and not merely nominal or moral.
XCPN - second part of the provision states that the writ may be resorted to in cases when the rightful custody of a person is withheld from the person entitled thereto
In this case, although the writ should not be issued if the restraint is voluntary, the writ is the proper legal remedy to enable parents to regain custody of a minor child even if the latter is in the custody of a third person in his own free will.
Nature of Proceedings
-a summary remedy analogous to a proceeding in rem. separate and distinct from the main case from which the proceedings spring.
Does not touch the merits of the main case and require no pronouncement with respect thereto. Merely involves the detention of the person, and it stops with the authority by virtue of which he is detained.
It is NOT a suit between parties. It is an inquisition by the government in the name and capacity of the sovereign, at the suggestion of an individual.
Availability of the Writ
- The writ may issue even if another remedy, which is less effective, may be availed of.
-
Effect on Finality of Judgment
- It may be granted upon a judgment that is already final in certain cases such as:
Violation of accused’s constitutional right
Court trying the case has no jurisdiction
Penalty imposed is excessive or beyond what the court could legally impose
Retroactive Application of Laws
When Unavailable
-
Does not issue if the person is not actually deprived of liberty
Not available for appealing the denial of right to bail. - Here, Rule 65.
Cannot be resorted to in order to correct errors of judgment as it is not a writ of error
Marital rights including living in the conjugal dwelling may not be enforced by writ
Constitutional Limitations on Writ - Art. III, Sec. 15.
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
The suspension only applies to persons judicially charged with rebellion or offenses inherent or directly connected with invasion.
Section 2. Who may grant the writ. —
Original and Concurrent Jurisdiction between SC, CA and RTC.
Subject to grant of Habeas Corpus jurisdiction over Family Courts in Custody Proceedings.
Section 3. Requisites of application therefor.
- Applicaiton must be Signed and verified either by the party for whose relief it is intended, or by some person on his behalf.
Section 4. When writ not allowed or discharge authorized.
Section 5. When the writ must be granted and issued.
- A court or judge authorized to grant the writ must, when a petition therefor is presented and it appears that the writ ought to issue, grant the same forthwith, and immediately thereupon the clerk of the court shall issue the writ under the seal of the court; or in case of emergency, the judge may issue the writ under his own hand, and may depute any officer or person to serve it.
Section 6. To whom writ directed, and what to require.
When an officer commits the imprisonment or restraint: the writ shall be directed to him
The writ shall command the officer to have the body of the person restrained before the court designated in the writ at the time and place stated therein
When imprisonment or restraint is committed by a person, not an officer: the writ shall still be directed to an officer
Officer is directed to take and have the body of the person restrained before the court designated in the writ at the time and place stated
Writ shall summon the person who causes the restraint to show the case of imprisonment or restrained
Section 7. How prisoner designated and writ served.
-
The person to be produced should be designated in the writ by his name, if known, but if his name is not known he may be otherwise described or identified.
The writ may be served in any province by the sheriff or other proper officer, or by a person deputed by the court or judge.
Service of the writ shall be made by leaving the original with the person to whom it is directed and preserving a copy on which to make return or service.
If that person cannot be found, or has not the prisoner in his custody, then the service shall be made on any other person having or exercising such custody.
Section 8. How writ executed and returned.
- The officer to whom the writ is directed shall convey the person so imprisoned or restrained, and named in the writ,
Before the judge allowing the writ, or
in case of his absence or disability, before some other judge of the same court,
GR - on the day specified in the writ,
XCPN - unless, from sickness or infirmity of the person directed to be produced, such person cannot, without danger, be bought before the court or judge;
The officer shall make due return of the writ, together with the day and the cause of the caption and restraint of such person according to the command thereof.
1 more item...
Section 10. Contents of return.
-
Whether he has or has not the party in his custody or power, or under restraint;
If the party is in his custody or power, or under restraint – the authority and the true and whole cause thereof, with a copy of the writ, order, execution, or other processes upon which the party is held;
If the party, etc., and is not produced – nature and gravity of sickness or infirmity;
If the party was in his custody, etc. and has transferred such custody or restraint to another – to whom, at what time, for what cause and by what authority such transfer was made.
2 more items...
Distinction from Writ of Preliminary Citation
-
Peremptory writ of habeas corpus: written document unconditionally commanding the respondent to have the body of the detained person before the court
Writ of preliminary citation: requires the respondent to appear and show cause why the peremptory writ should not be granted
In habeas corpus petition, the order to present an individual before the court is a preliminary step in the hearing of the petition.
The respondent must produce the person and explain the cause of his detention
But, this order is not a ruling on the propriety of the remedy or on the substantive matters covered by the remedy
Thus, the order to produce the body is not equivalent to a grant of -writ of habeas corpus
Judicial Discretion
- While habeas corpus is a writ of right, it will not issue as a matter of course or as a mere perfunctory operation on the filing of the petition.
Judicial discretion is called for in its issuance and it must be clear to the judge that prima facie, the petitioner is entitled to the writ.
only if the court is satisfied that a person is being unlawfully restrained of his liberty will the petition for habeas corpus be granted
But, if the the petition is sufficient in form and substance, the writ should issue if the petition complies with the legal requirements and its averments make a prima facie case for relief
Contents of Application -
shall set forth:
(a) That the person in whose behalf the application is made is imprisoned or restrained on 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.
When Writ not Allowed
-
Person is in the custody of an officer
Person is charged or convicted of offense
Person is suffering imprisonment under lawful judgment
Restrictive custody
Detained person is temporarily or permanently released
Alien is detained by Bureau of Immigration for deportation pursuant to an order of deportation by the Deportation Board
Issuance of writ Once Charged with Criminal Offense
- What is to be inquired into is the legality of a person’s detention as of, at the earliest, the filing of the application for the writ
Even if the detention is at its inception illegal, it may, by reason of some supervening events, such as the instances in Section 4, Rule 102, no longer be illegal at the time of the filing of the application
once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus
Remedy
- His remedy would be to quash the information and/or the warrant of arrest duly issued.
Scope of the Term Court
- The term “court” includes quasi-judicial bodies like the Deportation Board of the Bureau of Immigration
Restrictive Custody -
Restrictive custody is, at best, nominal restraint which is beyond the ambit of the writ.
It is neither actual nor effective restraint that would call for the grant of the remedy prayed for.
It is a permissible precautionary measure to assure the PNP authorities that the police officers concerned are always accounted for
2 more items...
Who may File
-
The party for whose relief it is intended
OR some other person on his behalf.
Role of Habeas Corpus as a post-conviction Remedy -
GR
- The writ of habeas corpus applies to all cases of illegal confinement or detention in which individuals are deprived of liberty. The writ may not be availed of when the person in custody is under a judicial process or by virtue of a valid judgment.
XCPN
- As a post conviction remedy, it may be allowed when, as a consequence of a judicial proceeding, any of the following exceptional circumstances is attendant:
(1) there has been a deprivation of a constitutional right resulting in the restraint of a person;
Rationale - A void judgment may be challenged by collateral attack. This is precisely the function of habeas corpus.
(2) the court had no jurisdiction to impose the sentence; or
(3) the imposed penalty has been excessive, thus voiding the sentence as to such excess.
(4) Service has been fully served.
Q. Should you allege that the restraint is unlawful?
DC - Must make the minimum allegation that the detention is against the will of the subject. Not merely allege the fact of detention.
Q. When is the Return Issued?
DC - After the issuance of the writ.
Are there formalities that must be observed before issuance of Habeas Corpus?
A - No, direct grant. Because speedy remedy.
Q. Does this not reverse the burden of proof?
DC - Reverses burden of proof here, the respondent must prove that the detention is lawful. Unlike in regular cases where the burden is one the party filing/prosecution.
Writ of Habeas Corpus -
DC - Equivalent to summons, requiring respondent to appear and produce body.
The only issue in HC proceedings is the legality of the restraint.
If, after the writ is returned what are the possible outcomes?
DC - (a) The release of the detainees ; (b) Detention is proven justified.
What is the possible position that the respondent-officer may take against the habeas corpus?
A - That the detention was made under valid legal authority. Here, officer must present the court process/order allowing the detention.
DC - This need not be a case, may be under arrest, showing commitment order, etc.,
If there is a pending case, where do you file the petition for HC?
DC - Only when you raise fact of illegal detention and lower court denied can there be HC.
Where to file the HC Petition?
DC - Filed at the RTC, CA or SC
If RTC, where you want it to be enforced. because enforcement of the writ is territorial. Court needs to have territorial jurisdiction
Scope of the Rule
- Applies in the following instances:
The hospitalization of the insane person is for the public welfare or for the welfare of said person;
Such person is insane in the judgment of the Director of Health
The one who has charge of him is opposed to such confinement
Nature of the Acts of the Director of Health
- The intervention of the Director of Health on the demented who needs hospitalization may be preliminary
Entirely independent and forms part of the judicial proceedings dealing with the guardianship of insane persons
Nature of Proceedings for the commitment of an insane person under Rule 101
. -
Purpose: To protect the community at large
Nature: Police regulations
Meanwhile, the proceedings for the appointment of a guardian for the person and estate of such insane person is for the purpose of protecting the person and estate of the insane
Sec. 1 Venue, Petition for commitment
Where Filed
- filed with the RTC of the province where the person alleged to be insane is found
Definition of Insanity
- That condition of mind which is so impaired in function or so deranged as to induce a deviation from normal conduct in the person so afflicted
It denotes a mind that is unsound, deranged, delirious or distracted
Craziness
- The fact that a person is acting crazy is not conclusive that he is insane.
Difference from lucid intervals
Section 2. Order for hearing
Order of Hearing
- The court may proceed by citation or rule to show cause to bring in the proper parties for a hearing.
Right of Insane Persons to Notice and Hearing
- The person whose liberty is sought to be restrained is entitled by law to proper notice to such proceeding and by force of statute other persons may be entitled to notice
To Whom Notice Given
-
The person alleged to be insane
The person having charge him; or
His relatives residing in the province or city as the judge may deem proper
Time of Notice
- If the time of notice is not fixed by the statute, it must be as is reasonable under the circumstances of the particular case.
It must be such as gives the alleged incompetent an adequate opportunity to be present and to be heard in defense of his right
Sec. 3 Hearing and Judgment -
What needs to be proven for a court to order the commitment of an insane person.
The commitment applied for is for the public welfare or for the welfare of the insane person
His relatives are unable for any reason to take proper custody and care of him
Where Committed
- Hospital or other place for the insane as may be recommended by the Director of Health
Burden of Proof -
GR - In all actions or proceedings, the burden of proving insanity is on the plaintiff who alleged it
XCPN - Where it is set up as an affirmative defense, the the burden of proving rests on the defendant
Occasional/intermittent insanity
- If a party asserts insanity, which has been shown to be only occasional or intermittent in its nature, the burden is on him of proving it of its existence at the time alleged
1 more item...
Section 4. Discharge of insane. —
Requisties for Release -
Recommendation of the Director of Health that the person is:
a. Temporarily or permanently cured; or
b. May be released without danger
Approval of the RTC which ordered the commitment
Jurisdiction and Venue of Proceedings for Restoration of Capacity.
Who has jurisdiction: Probate courts or courts exercising probate jurisdiction
Where application is filed: The court in which proceedings were had resulting in the adjudication of incompetency
Nature of Proceedings for Restoration
- a special proceeding of a summary character. not regarded as a new proceeding Instead, it is a continuance of the original guardianship proceeding.
1 more item...
Section 5. Assistance of fiscal in the proceeding
-
The fiscal must prepare the petition for the Director of Health
The fiscal must represent the Director of Health in court in all proceedings arising under the provisions of Rule 101