G.R. No. 252120 – 884 Phil. 846 – Remedial Law – Special Proceedings – A.M. No. 07-9-12-SC; Writ of Amparo – Proper only in cases of extralegal killings and enforced disappearances; Writ of Habeas Corpus; Not proper when there is no restraint of liberty AJ Lucena is the child of […]
Special Proceedings
83 posts
G.R. No. 184467 – 688 Phil. 266 – 673 SCRA 618 – Remedial Law – Special Proceedings – A.M. No. 07-9-12-SC; Writ of Amparo – Writ of Amparo not proper if there is no State participation in the alleged disappearance One night in March 2008, security guards who were under […]
G.R. Nos. 184379-80 – 686 Phil. 536 – 670 SCRA 545 – Remedial Law – Special Proceedings – Writ of Amparo – Amparo Rule only available to victims of extra-judicial killings and enforced disappearances In 2008, the Senate was investigating the NBN-ZTE scandal. One of the resource persons subpoenaed was […]
G.R. No. 232395 – 835 Phil. 405 – 870 SCRA 285 – Remedial Law – Special Proceedings – Writ of Amparo – Amparo Rule proper only in extralegal killings and enforced disappearances Congressman Rodolfo Fariñas conducted an inquiry in aid of legislation. The Committee on Good Government and Public Accountability […]
G.R. No. 235498 – 837 Phil. 515 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Clarification on the tender-age rule; No temporary custody in habeas corpus cases involving minors – A.M. No. 03-04-04-SC; Custody of Minors Ricky James Relucio and Renalyn Masbate were live-in […]
G.R. No. 210487 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Petition for Writ of Habeas Corpus under Sec. 20, A.M. No. 03-04-04-SC is a special custody case Rex Elquiero adopted minor Irish. Thereafter, Irish lived with Rex and Melysinda (girlfriend of Rex). In […]
G.R. No. L-8622 – 99 Phil. 720 – Remedial Law – Special Proceedings – Rule 102 – Petition for Habeas Corpus – Habeas corpus may be availed of to regain custody over minor child Nita Flores is the mother of minor Asuncion Flores. One day, she sent Asuncion to visit […]
G.R. No. 164915 – 519 Phil. 460 – 484 SCRA 353 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus Remedial Law – Special Proceedings – Declaration of Nullity of Marriage Custody case is deemed instituted in a petition for declaration of nullity of marriage; A […]
G.R. No. 223272 – 826 Phil. 643 – 856 SCRA 435 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Habeas Corpus not a remedy if detained under judicial process; civil courts have jurisdiction over military personnel SSgt. Edgardo Osorio and Maj. Gen. Jovito Palparan […]
G.R. No. 151876 – 499 Phil. 445 – 460 SCRA 451 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Habeas Corpus is not a remedy to question valid confinement Remedial Law – Summary Proceedings – SC-AC No. 12-2000 – B.P. Blg. 22 Cases – […]
G.R. No. 139789 – 413 Phil. 754 – 361 SCRA 427 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Death of the subject person renders the petition for writ of habeas corpus moot and academic From the 12 May 2000 Decision of the Supreme […]
G.R. No. 139789, 387 Phil. 915, 332 SCRA 169 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – A petition for the writ of habeas corpus cannot be used to compel a husband to live with his wife; cannot be used to compel a husband […]
G.R. No. 210636 – 739 Phil. 785 – 731 SCRA 194 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – A.M. No. 03-04-04-SC; Custody of Minors – Summons not required in habeas corpus cases – Enforceability of Writ of Habeas Corpus Raquel Cada-Deapera filed a […]
G.R. No. 184528 – 686 Phil. 877 – 671 SCRA 174 – Remedial Law – Special Proceedings – Guardianship – Insanity need not be proved by expert testimony Nilo Oropesa filed a petition for guardianship over the properties of his father on the ground that his father, due to his […]
G.R. No. L-45496 – 68 Phil. 1 – Remedial Law – Special Proceedings – Rule 91; Escheat – Right to Escheat may be Waived; Right to Escheat may be cut-off by a duly issued certificate of title under the Torrens System Doña Ana Maria de Araujo own three parcels of […]
G.R. No. L-44347 – 248 Phil. 304 – Remedial Law – Special Proceedings – Rule 91; Escheat – Escheat Court; Jurisdiction – Presumptive death may be declared in an escheat proceeding In 1923, Dominga Garcia left for China. She brought her three children with her. Garcia remained in China until […]