#special proceedings

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Restraint That Is Lawful And Pursuant To A Court Process Cannot Be Inquired Into Through Habeas Corpus...

Restraint That Is Lawful And Pursuant To A Court Process Cannot Be Inquired Into Through Habeas Corpus…

    The Case:

Anita Mangila and four other persons were charged with syndicated estafa as well as violations of Republic Act 8042 with respect to the recruiting and promising of overseas employment to several complainants, before the Presiding Judge, Heriberto Pangilinan, of the Metropolitan Trial Court in Cities (MTCC) in Puerto Princesa City.  After conducting a preliminary examination of one…

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Guardianship: Where The Sanity Of A Person Is An Issue, Expert Opinion Is Not Necessary...

Guardianship: Where The Sanity Of A Person Is An Issue, Expert Opinion Is Not Necessary…

Lulu was born to spouses Felix and Maria, who died while giving birth to her. After the death of her mother, Lulu was left in the care of her maternal uncle, Sotero. As the only child of Maria and sole testate heir of Sotero, she inherited substantial real properties from the San Juan family. In the meantime, Felix married Natividad, which union produced three offspring, Cecilio, Ma. Victoria,…

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Habeas Corpus: Writ Issued By Regional Trial Courts Enforceable Within Judicial Region It Is Situated...

Habeas Corpus: Writ Issued By Regional Trial Courts Enforceable Within Judicial Region It Is Situated…

Raquel filed a petition for habeas corpus before the Regional Trial Court of Caloocan City against Ma. Hazelina, to compel her to produce before the court her biological daughter, minor Criselda, and to return to her the custody of the child. In her petition, she indicated three addresses of Ma. Hazelina: her residence at Novaliches, Quezon City; one in Kamias, Quezon City, and her office at the…

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Mother May Be Deprived Of Temporary Custody Of Child For Compelling Reason...

Mother May Be Deprived Of Temporary Custody Of Child For Compelling Reason…

Dinah, then a nursing student, gave birth to Gardin Faith, her illegitimate daughter with Edgar, a physician. They stayed at his parents’ residence, where Gardin Faith was a welcome addition to the family. A year later, Dinah found work as a registered nurse and left for the USA, while Gardin Faith was left in the care of Edgar. While Dinah was in the United States, Edgar filed a petition for…

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Special Proceedings: Claim Not Allowed Beyond 5-Year Statutory Period In Escheat Proceedings...

Special Proceedings: Claim Not Allowed Beyond 5-Year Statutory Period In Escheat Proceedings…

Amada served as all-around personal domestic housekeeper of the late Elizabeth Hankins, a French national and a widow, for more than thirty years. She served as a faithful companion and girl Friday of Elizabeth who had no close relatives. In recognition of her faithful service, Elizabeth executed in Amada’s favour two parcels of lots covered by TCT Nos. 7807 and 7808, which, however, were…

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Special Proceedings: Due Process In Rule 108 Proceedings Mandatory...

Special Proceedings: Due Process In Rule 108 Proceedings Mandatory…

Sity married Agakhan in 1992 in Davao City. When Agakhan, a member of the Philippine Army died in 2003, he went to the Philippine Army office to claim his death benefits, where she discovered that another claimant, Rosemarie, who declared herself as having married Agakhan on May 20, 1999 in Taguig, Metro Manila purportedly under Muslim rites solemnised by Imam Ustadz Moha-imen Ulama, and…

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Change Of Name Of Adoptee Is A Mere Incident, Not The Object, In Adoption...

Change Of Name Of Adoptee Is A Mere Incident, Not The Object, In Adoption…

Maximo was born to parents Maximo and Segundina Alcala. As children, he and his elder sister were adopted by spouses Hoong Wong and Concepcion Ty Wong, both naturalised Filipino citizens who were still childless after fifteen years of marriage. Maximo thereafter became known as Maximo Wong. Their adoptive parents showered them with paternal love and treated them as their own children. At the age…

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Settlement of Estate: Production And Examination Of Documents...

Settlement of Estate: Production And Examination Of Documents…

This case is about a court’s adjudication of non-issues and the authority of the administrator to examine and secure evidence from persons having knowledge of properties allegedly belonging to the decedent’s estate. The Facts and the Case Aldolfo and Rosita were married in 1942. During their marriage, they acquired the Sta. Teresita General Hospital and other properties. Rosita died in Spetember…

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