In the matter of the petition to approve the will of Rupert Palaganas,  G.R. No. 169144,January 26, 2011 FACTS Ruperta, a Filipino who became a naturalized U.S. citizen, died single and childless. In the last will and testament she executed in California, she designated her brother, Sergio, as the executor of her will for she had left properties in the Philippines and in the U.S. Private respondent Ernesto filed with the RTC a petition for the probate of Ruperta’s will and for the former’s appointment as special administrator of her estate. Petitioners, nephews of Ruperta (the nephews), opposed the petition on the ground that Ruperta’s will should not be probated in the Philippines but in the U.S. where she executed it. The RTC allowed the will to be probated in the Philippines. This was affirmed by CA.  Hence petitioners files this instant Petition for Review on Certiorari under Rule 45 of the Rules of Court to this Court. Whether or not a will executed by a fore...

V.Doroteo vs. CA,  G.R. No. 108581, December 8, 1999 FACTS The case commenced following the death of Alejandro Dorotheo, whose estate remained unsettled after his spouse, Aniceta Reyes, died in 1969. In 1977, Lourdes L. Dorotheo, alleging to have cared for Alejandro before his death, filed a special proceeding for the probate of Alejandro’s last will and testament. The will was admitted to probate in 1981 without an appeal from Alejandro’s legitimate children, Nilda D. Quintana, Vicente Dorotheo, and Jose Dorotheo (private respondents). However, in 1983, they moved to declare the will intrinsically void, which the trial court granted in 1986. Lourdes'[petitioner’s] subsequent appeal to the Court of Appeals was dismissed for failure to submit her brief on time. This dismissal was final and executory by 1989. Despite an executory order stating the intrinsic voidness of the will and the distribution of the estate according to intestate laws, Lourdes opposed the motions filed by pri...

Ilusorio vs Ilusorio-Bildner,  G.R. 139789,May 12, 2000 FACTS Petitioner Erlinda Kalaw Ilusorio and respondent Potenciano Ilusorio were married in 1942 and had six children. They separated in 1972 and lived separately, with Potenciano staying in Makati and Baguio while Erlinda resided in Antipolo. In 1997, Potenciano stayed with Erlinda in Antipolo for five months after returning from the U.S. However, his children, Sylvia and Erlinda (Lin), alleged that he was given an overdose of Zoloft, which affected his health. In 1998, Erlinda filed for guardianship over Potenciano, citing his age and frail condition. In 1999, Erlinda filed a petition for habeas corpus, alleging that her children prevented her from seeing her husband and bringing him back to Antipolo. The Court of Appeals denied the habeas corpus petition but granted Erlinda visitation rights. Can a wife compel her husband to live with her through a writ of habeas corpus? RULING NO because marital rights, including cohab...

Nuguid vs. Nuguid,  G.R. No. L-23445, June 23, 1966 FACTS Rosario Nuguid, a resident of Quezon City, died on December 30, 1962, single, without descendants, legitimate or illegitimate. Surviving her were her legitimate parents, Felix Nuguid and Paz Salonga Nuguid, and six (6) brothers and sisters, namely: Alfredo, Federico, Remedios, Conrado, Lourdes and Alberto, all surnamed Nuguid. On May 18, 1963, petitioner Remedios Nuguid filed in the Court of First Instance of Rizal a holographic will allegedly executed by Rosario Nuguid on November 17, 1951, some 11 years before her demise. Petitioner prayed that said will be admitted to probate and that letters of administration with the will annexed be issued to her. On June 25, 1963, Felix Nuguid and Paz Salonga Nuguid, concededly the legitimate father and mother of the deceased Rosario Nuguid, entered their opposition to the probate of her will. Ground therefor, inter alia , is that by the institution of petitioner Remedios Nuguid as ...

De Lima v. Gatdula,  G.R. No. 204528, 19 February 2013 FACTS I n this case, petitioner Senator Leila De Lima sought the issuance of a writ of amparo, a legal remedy available in the Philippines to protect individuals whose right to life, liberty, or security is violated or threatened. De Lima alleged that she was being targeted and subjected to threats and harassment by various government agencies and officials, particularly respondent Director Alexander Gatdula of the Philippine National Police–Criminal Investigation and Detection Group (PNP-CIDG). She claimed that Gatdula, along with others, were involved in an alleged plot to implicate her in criminal activities. W hether Senator De Lima was entitled to the protection of the writ of amparo, given the alleged threats and harassment she experienced. HELD The remedy of the Writ of Amparo is an equitable and extraordinary remedy to safeguard the right of the people to life, liberty and security as enshrined in the 1987 Constit...

Go v. Dimagiba,  G.R. No. 151876, 21 June 2005 FACTS Respondent Fernando L. Dimagiba issued thirteen checks to petitioner Susan Go, but these checks were dishonored by the drawee bank due to "account closed." Dimagiba was subsequently prosecuted for thirteen counts of violation of BP 22 (Bouncing Checks Law) before the Municipal Trial Court in Cities (MTCC) in Baguio City. After a joint trial, Dimagiba was convicted in all thirteen cases. Dimagiba filed a petition for a writ of habeas corpus, claiming that a previous ruling and a Supreme Court Administrative Circular prescribed a fine instead of imprisonment for BP 22 convictions. He argued that these rulings should be applied retroactively, challenging the imposed penalty as excessive. However, Dimagiba had previously sought the modification of his sentence in a Motion for Reconsideration and a Motion for the Partial Quashal of the Writ of Execution, both of which were denied by the MTCC. Whether the Petition for habeas c...

Harden v. Director of Prisons,  81 Phil. 741, October 22, 1948 FACTS The petitioner, Fred M. Harden, is being confined in prison for contempt of court. This case revolves around the petition for habeas corpus filed by Mr. Harden, who was detained in the New Bilibid Prison in the Philippines. Mr. Harden claimed that his continued detention was illegal and sought relief from the court. Whether the petitioner's detention was in violation of his fundamental or constitutional rights and, therefore, warranted relief through a writ of habeas corpus; and Whether or not in truth the court’s findings are supported by sufficient evidence. HELD Broadly speaking, the grounds for relief by habeas corpus are only (1) deprivation of any fundamental or constitutional rights, (2) lack of jurisdiction of the court to impose the sentence, or (3) excessive penalty.”   Here, the court thoroughly examined the circumstances surrounding Mr. Harden's detention and concluded that none of the grou...

Harden v. Director of Prisons,  81 Phil. 741, October 22, 1948 FACTS The petitioner, Fred M. Harden, is being confined in prison for contempt of court. This case revolves around the petition for habeas corpus filed by Mr. Harden, who was detained in the New Bilibid Prison in the Philippines. Mr. Harden claimed that his continued detention was illegal and sought relief from the court. Whether the petitioner's detention was in violation of his fundamental or constitutional rights and, therefore, warranted relief through a writ of habeas corpus; and Whether or not in truth the court’s findings are supported by sufficient evidence. HELD Broadly speaking, the grounds for relief by habeas corpus are only (1) deprivation of any fundamental or constitutional rights, (2) lack of jurisdiction of the court to impose the sentence, or (3) excessive penalty.”  Here, the court thoroughly examined the circumstances surrounding Mr. Harden's detention and concluded that none of the groun...

Manalo v. Court of appeals,  G.R. NO. 129242, 16 January 2001 It must be emphasized that the oppositors (herein petitioners) are not being sued in SP. PROC. No. 92-63626 for any cause of action as in fact no defendant was impleaded therein. The Petition for Issuance of Letters of Administration, Settlement and Distribution of Estate in SP. PROC. No. 92-63626 is a special proceeding and, as such, it is a remedy whereby the petitioners therein seek to establish a status, a right, or a particular fact.  The petitioners therein (private respondents herein) merely seek to establish the fact of death of their father and subsequently to be duly recognized as among the heirs of the said deceased so that they can validly exercise their right to participate in the settlement and liquidation of the estate of the decedent consistent with the limited and special jurisdiction of the probate court. Lawyal (@lawyalstudent)

Silverio v. Republic,  G. R. No. 174689, 22 October 2007 FACTS Rommel Jacinto Dantes Silverio filed a petition for the change of his first name  to “Mely” and sex (gender) in his birth certificate be changed to female since he underwent sex reassignment surgery. The OSG alleges that there is no law allowing the change of entries in the live birth certificate by reason of sex reassignment surgery. Whether or not a person may successfully petition for a change of name and sex appearing in the live birth certificate to reflect the result of a sex reassignment surgery.  HELD No. It is the statutes that defines who may file petitions for change of first name and for correction or change of entries in the civil registry, where they may be filed, what grounds may be invoked, what proof must be presented and what procedures shall be observed. Presently, there is no law allowing the change of entries in the birth certificate by reason of sex alteration.   The birth cer...

Olaguer v. Military Commission No. 34,  G.R. Nos.54558 & 69882, 22 May 1987 FACTS In 1979, Olaguer and some others were detained by military personnel and they were placed in Camp Bagong Diwa. Olaguer and his group are all civilians. They were charged with (1) unlawful possession of explosives and incendiary devices; (2) conspiracy to assassinate President and Mrs. Marcos; (3) conspiracy to assassinate cabinet members Juan Ponce Enrile, Francisco Tatad and Vicente Paterno; (4) conspiracy to assassinate Messrs. Arturo Tangco, Jose Roño and Onofre Corpus; (5) arson of nine buildings; (6) attempted murder of Messrs. Leonardo Perez, Teodoro Valencia and Generals Romeo Espino and Fabian Ver; and (7) conspiracy and proposal to commit rebellion, and inciting to rebellion. On August 19, 1980, the petitioners went to the SC and filed the instant Petition for prohibition and habeas corpus. Whether the Habeas corpus should be granted. HELD No. When the release of the persons in whose...

Republic v. Dela Vega Vergara, [Res.],  G.R. No. 195873, 23 February 2015 FACTS Respondent, Kris Anne Dela Vega Vergara, alleged that she was born on Nov. 7, 1983 in Pasig City and was baptized in a Roman Catholic Church. Since childhood, she has been using and is still using the name KRIS ANNE DELA VEGA VERGARA as also shown in her baptismal, school and employment records.  However, in her NSO Certificate of Live Birth, the name appearing is “RONALD” and the sex is “M”, referring to a male.  RTC took cognizance of the case. No opposition from was registered. RTC granted the petition.  The Republic, through the Office of the Solicitor General (OSG), filed an appeal to CA arguing that RTC didn’t acquire jurisdiction of the case, pursuant to Rule 103 of the Rules of Court.  CA dismissed the Republic’s appeal. Whether the request of respondent is correction of clerical error (Rule 108 of ROC) and not change of name (Rule 103 of ROC). HELD Yes. SC ruled that no...

Alanis v. CA,  G.R. No. 216425, Nov. 11, 2020 TOPIC/DOCTRINE The matter ofgranting or denying petitions for change ofname and the corollary issue of what is a proper and reasonable cause therefor rests on the sound discretion of the court. The evidence presented need only be satisfactory to the court; it need not be the best evidence available. FACTS Petitioner filed a Petition .before the Regional Trial Court of Zamboanga City, Branch 12, to change his name. He alleged that he was born to Mario Alanis y Cimafranca and Jarmila Imelda Ballaho y Al- Raschid,7 and that the name on his birth certificate .was "Anacleto ·Ballaho Alanis III. However, he wished to remove his father's surname "Alanis III," and instead use his mother's maiden name "Ballaho," as it was what he has been using since childhood and indicated in his school records. He likewise wished to change his first name from "Anacleto" to "Abdulhamid" for the same reason...