RULE 101-106 | Habeas Corpus | Lawsuit

RULE 101 Mercader v Wislezenus, p.

464 Facts: Vicenta Escio was declared as a lunatic and incapable to manage her affairs thus, Pantaleon E. Del Rosario was appointed the guardian of her property. Plaintiff Cesar Mercader, on the other hand, was allegedly taking the lunatic’s properties and after demand by the guardian, refused to deliver the same properties. Mercader claims the trial court lost jurisdiction since the case was brought to appeal. Issue: W/N raising the dispute to the appellate court deprives the trial court jurisdiction. Held: NO. While the case is pending, the trial court still has control over the properties, through the guardian. Indeed, the act of Del Rosario is in consonance with his duty to protect the properties of the lunatic, even pending appeal. Chin Ah Foo v. Concepcion, p.466 Facts: Chan Sam was charged with the murder of Chin Ah Kim. Although not convicted, Chan was ordered into an asylum as an insane person. The same judge allows Chan to leave. Issue: W/N the judges order was proper. Held: NO. The court cannot release Chan unless there is an approval of the Director of Health. The powers of the Director of Health compliment that of the Judge. Thus, one cannot act without the other in this case.

RULE 102 Quintos v Director of Prisons, p. 468 Facts: Joseph Wilson was convicted for 4 crimes in the CFI. He appealed the cases, however, pending litigation, he fled. When he was captured he was sent to prison as the Attorney-General filed a motion to be declared final. Issue: W/N Habeas Corpus was the proper remedy Held: NO. Here, Wilson contests the jurisdiction of the court to imprison him. Habeas Corpus is meant to determine if there is a lawful cause for the detention and if the detained is under a lawful authority, nothing more and nothing less. Caunca v Salazar, p. 472 Facts:

or 3. There is nothing in the law that prevents aliens from changing their names in the Philippines. 533 . RULE 104 (NO CASES CITED) RULE 105 Mossesgeld v CA. is applicable to all persons since there is nothing prohibiting it. More so. The court dismissed the case. following the name of his Guardian Juan. Issue: W/N Far Eastern can keep Flores from moving. if his father was a Filipino. Haw Liong v Republic. he wants to change his name into Ricardo Sy. Because of such an the fact that he was baptized as Ricardo Sy and was enrolled in schools as Ricardo Sy. RULE 103 Yu v Republic p. Far Eastern cannot limit Flores’ freedom to move even if there were advancements in her favor. 512 Facts: Yu is a minor and under the care of Juan Sy Barrera. there would not be any need for naturalization. p. The Filipino Citizens used in section 103 of the Rules of Court relate to all natural persons. 2. More so. Due to a change of status. Far Eastern refused to let Flores change residences. that his father’s name is Placido Lantin and is a Filipino.Far Eastern Employment. as the court held. Ridiculous. 518 Facts: Haw Liong wanted to change his name from Haw Liong to Alfonso Lantin. and that his friends call him Afonso. Issue: W/N Haw Liong is entitled to the change in name. Held: YES. Held: NO. This curtailment does not need to be a physical stoppage. working in Leyte Asia Trading. Haw’s case does not fall in any of the above. which Haw is processing. Causes confusion. the Civil Code provisions. Issue: W/N the court erred. He claims he is a resident of Tacloban for 20 years. Since there were advancements. it can be mental or fear driven. p. In order to be entitled to the change in name one’s name maybe: 1. whom the plaintiff represents as Flores is his cousin. gave advancements to Estelita Flores. Held: NO. which was owned by respondent Juileta Salazar.

is the presumed father. Issue: W/N Pacencia and Valencia showed sufficient proof of filliation. thus covered by the Civil Code. They must show filiation by some other proof. However. family homes are not exempt from levies. 537 Facts: Pacencia and Valencia Venta were minors and daughters of the deceased Francisco Venta.Facts: Marissa Mossesgeld gave birth to a boy named Jonathan. Issue: W/N the register can be compelled by mandamus. Eleazar Calasan. Under the Family Code. The Sheriff levied the land on which stood the family home of Modequillo. Marissa placed it and went on to register it in the registry of deeds. Mandamus then does not lie. Held: No. Calasan filed for mandamus. Atty. Held: NO. Since Manacop’s company failed to pay sub-contract costs to FF Cruz. RULE 106 Modequillo v Breva. illegitimate children shall use the surname of their mothers even if there is consent by the father to use his surname. Thus. they filed for benefits under the Workman’s Compensation Law. the Register properly rejected the registration. Prior to that. 541 Facts: Florante Manacop and his wife bought a house in Quezon City. The Register rejected this. the latter filed a case for . The Family Code became effective in 1988. p. for the pay due to the death of their father. the fact is there was no recognition yet. they cannot obtain the benefits. family homes are exempt from execution. p. Under the Civil Code. which the Workman’s Compensation Commission denied. This being the case. Quismundo v CAA. This was because there was no proof of filliation. They used only article 283 which gives grounds for compulsory recognition. They entered into a settlement with Atlantic Gulf and Pacific Co. The case arose in 1976. p. Held: NO. Issue: W/N this family home is exempt. 539 Facts: Jose Modequillo was adjudged to pay damages due to a vehicular accident. their father’s employer.. Manacop v CA. The head of the hospital refused to put the name Calasan as the name of Jonathan. Modequillo claims that according to the Civil Code. who was married at that time.

. The above-mentioned house was attached. Since there is no retroactive effect for the Family Code. The case arose in 1987 prior to the Family Code. Issue: W/N the house can be attached Held: NO.recovery of money and preliminary attachment. the family home then is not exempt from attachment. Manacop contests this since it was a family home.

Sign up to vote on this title
UsefulNot useful