SPECIAL PROCEEDINGS

ATTY. CHRISTIAN G. VILLASIS

Assignment No. 5

1. What are the general powers and duties of guardian?
2. What are the conditions of the bonds of the guardians?
3. Who may file a Petition for guardianship of minors and incompetents.
4. Who may be appointed as guardian over the person and/or property of the
minors and incompetents?
5. When is guardianship terminated?
6. What is adoption? What is the purpose of adoption?
7. Study Domestic Adoption Law and answer the following:
a. What are the effects of adoption?
b. What are the grounds for rescission of adoption?
c. Who can rescind adoption?
d. What are the qualifications of an adopter under the Domestic Adoption Law?
e. What are the effects of the rescission of adoption?

8. Study the Inter-Country Adoption Law and answer the following:
a. When is Inter-Country adoption allowed?
b. What are the qualifications of the adopter?
c. What are the functions of the Regional Trial Court in connection with the
Inter-Country Adoption?
d. Explain the Best Interest of the Minor standard rule.

9. What is writ of habeas corpus?
10. When can we file a Petition for Habeas Corpus?
11. What courts have jurisdiction over the Petition?
12. What are the contents of the Petition and Return in a Habeas Corpus
proceeding?
13. Distinguish peremptory writ from preliminary citation.
14. When is a writ disallowed or discharged?
15. When is the writ not proper or applicable?
16. Study the Rules on Custody of Minors and writ of Habeas Corpus in relation to
Custody of Minors (A.M. No. 03-04-04-SC)


CASES

1. Tan vs. City of Davao, September 26, 1998
2. Rizal Commercial Banking Corporation vs. Hi-Tri Development Corporation,
June 13, 2012
3. Republic vs. Court of Appeals, January 31, 2002
4. Divino vs. Hilario, 62 Phil 926
5. Republic vs. PNB, December 30, 1961
6. Republic vs. CFI of Manila, August 30, 1998
7. Mabanag vs. Register of Deeds of Quezon City, March 29, 2010
8. Municipal Council of San Pedro, Laguna vs. Colegio De San Jose, 65 Phil 318
9. Cawis vs. Cerilles, April 19, 2010
10. Alamayri vs. Pabale, April 30, 2008
11. Abad vs. Biason, December 5, 2012
12. Heirs of Jose Sy Bang vs. Sy, October 13, 2009
13. Oropesa vs. Oropesa, April 25, 2012
14. Cabales vs. Court of Appeals, August 31, 2007
15. Vancil vs. Belmes, June 19, 2001
16. Villanueva-Mijares vs. CA, April 12, 2000
17. Yu vs. Yu, March 10, 2006
18. Pablo-Gualberto vs. Gualberto, June 28, 2005
19. Lahom vs. Sibulo, July 14, 2003
20. Reyes vs. Solero, February 16, 2006
21. Reyes vs. Mauricio, November 24, 2010
22. Social Security System vs. Aguas, February 27, 2006
23. In the Matter of Adoption of Stephanie Nathy Astorga Garcia, March 31, 2005
24. Landingin vs. Republic, June 27, 2006
25. In Re: Petition for Adoption of Michelle Lim, May 21, 2009