NAME:

1. Together with his superior, Major General Palparan, petitioner Staff Sergeant Osorio was charged
with kidnapping before the RTC of Malolos City for allegedly kidnapping U.P. students, Karen Empeñ o
and Sherlyn Cadapan. The petitioner was arrested and detained at the Philippine Army Custodial Center.
Contending that he was being illegally deprived of his liberty, petitioner filed a Petition for Habeas
Corpus before the Court of Appeals. SSgt. Osorio mainly argued that courts-martial, not a civil court such
as the Regional Trial Court, had jurisdiction to try the criminal case considering that he was a soldier on
active duty and that the offense charged was allegedly "service-connected." SSgt. Osorio added that he
could not be charged with the felony of kidnapping and serious illegal detention because under Article
267 of the Revised Penal Code, the felony may only be committed by a private individual, not a ranking
officer of the Armed Forces of the Philippines.

a. What is the Writ of Habeas Corpus? (4 points)

2. Petitioner filed a petition for correction of entries in his certificate of live birth before the RTC and
named respondent Office of the Local Civil Registrar of Las Piñ as City as sole respondent. Petitioner
alleged that he is the illegitimate child of his parents Guillermo A. Onde and Matilde DC Pakingan, but his
birth certificate stated that his parents were married. His birth certificate also stated that his mother's
first name is Tely and that his first name is Franc Ler. He prayed that the following entries on his birth
certificate be corrected as follows:
Entry From To
Date and place of marriage of his parents December 23, 1983 - Bicol Not married
First name of his mother Tely Matilde
His first name Franc Ler Francler

a. What is the proper remedy for the correction of the his first name and that of his mother? (5
points)

b. What is the proper remedy for the correction of the date and place of marriage of his parents?
Who are the parties to be impleaded? (5 points)

3. May the court award damages to individual petitioners in a Petition for the Issuance of a Writ of
Kalikasan? (2 points)

4. What is SLAPP? (2 points)

5. What is TEPO? (2 points)

6. What is a citizen suit? (2 points)

7. What is a continuing Mandamus? (2 points)

8. Julia and Julienne, both minors and graduating high school students at St. Theresa's College took
digital pictures of themselves clad only in their undergarments while drinking hard liquor and smoking
cigarettes inside a bar. These pictures were then uploaded by Angela on her Facebook  3 profile. There
were times when access to or the availability of the identified students' photos was not confined to the
girls' Facebook friends, but were, in fact, viewable by any Facebook user. As part of their penalty, they are
barred from joining the commencement exercises. Petitioners then filed before the RTC a Petition for the
Issuance of a Writ of Habeas Data.

a. What is a Writ of Habeas Data? (4 points)

9. Petitioner was born on November 13, 1965 at St. Paul Hospital in the City of Manila. He had been
using his real name "RAMON CORPUZ TAN" during his lifetime. When he secured a copy of his Certificate
of Live Birth, however, he discovered that his name was entered as "RAMON CORPUS TAN KO"; He
alleged that the aforesaid material errors and mistakes in the entries of his Certificate of Live Birth were
due to inadvertence and error of the hospital personnel who prepared the birth certificate and that "Ko,"
which was the first name of his father, was inadvertently included in his last name. The name "Tan Ko"
has been consistently used not only in the entries for petitioner's name, but also for that of his parents. In
entry No. 7, the name of petitioner's father was entered as "Tan Ko," while his mother's name was
entered as "Trinidad Corpus Tan Ko" in entry No. 12. Furthermore, his mother, as the informant for
petitioner's birth certificate, signed as "T.C. Tan Ko" in entry No. 17.

a. What is the proper remedy of the Petitioner? (4 points)

b. Should the parents of Ramon be impleaded? (3 points)

c. Is the failure to implead and notify the affected or interested parties cured by the publication of
the notice of hearing? (3 points)

10. Petitioner Fujiki is a Japanese national who married respondent Marinay in the Philippines in
2004. In 2008, Marinay met another Japanese, Maekara. Without the first marriage being dissolved,
Marinay and Maekara were married in 2008 in Quezon City, Philippines. However, Marinay allegedly
suffered physical abuse from Maekara. Fujiki and Marinay met in Japan and they were able to reestablish
their relationship. In 2010, Fujiki helped Marinay obtain a judgment from a family court in Japan which
declared the marriage between Marinay and Maekara void on the ground of bigamy.

In 2011, Fujiki filed a petition in the RTC of Pasay City entitled: “Judicial Recognition of Foreign Judgment
(or Decree of Absolute Nullity of Marriage).” Fujiki prayed that (1) the Japanese Family Court judgment
be recognized; (2) that the bigamous marriage between Marinay and Maekara be declared void ab initio;
and (3) for the RTC to direct the LCR of Quezon City to annotate the Japanese Family Court judgment on
the Certificate of Marriage between Marinay and Maekara and to endorse such annotation to the Office of
the Administrator and Civil Registrar General in the NSO.

May the RTC recognize the foreign judgment in a proceeding for cancellation or correction of entries in
the Civil Registry under Rule 108 of the Rules of Court? (5 points)

11. Spouses Joon Hyung Park and Kyung Ah Lee are American citizens residing in the Philippines,
particularly in Makati City. They are the petitioners in the Petition for Adoption with Change of Name of
the minor "Mayca Alegado" a.k.a. "Innah Alegado" (Innah) before the RTC of Makati City. Park has been
residing in the Philippines since 2007 and Lee has been residing in the Philippines since 2009. They have
been gainfully employed in the Philippines for almost the same length of time that they have been
residing in the country. The trial court directed the transmittal of a copy of the petition and its annexes to
the Inter-Country Adoption Board (ICAB) for appropriate action. Was the trial court correct? (5 points)

12. Spouses Mary Jane B. Kimura, a Filipino national, and Yuichiro Kimura, a Japanese national, got
married on June 12, 2004. Prior thereto, petitioner Mary Jane gave birth to her son Jan Aurel on
November 24, 1997. However, she was not married to her son's biological father, Jun Baldoza, thus
making Jan Aurel her illegitimate child. On March 15, 2009, petitioners filed a joint petition
for adoption of Jan Aurel seeking, among others, to have him declared as their legitimate son, enjoying
the rights and observing the duties of an adopted child as provided by law. The RTC observed that
Yuichiro was not exempt from the residency and certification requirements under Section 7 (b) of R.A.
No. 8552 because Jan Aurel was the illegitimate child of co-petitioner Mary Jane. Was the trial court
correct? (5 points)

13. Alicia Jasper S. Lucena (AJ), a 19-year-old lass born on July 24, 2001, informed her parents that she
had joined Anakbayan. On July 10, 2019, AJ left their family home for the third time and never came back.
She has since dropped out from her school. AJ, in a press conference, explained that she was never
abducted, but rather joined Anakbayan voluntarily. Seeking mainly to regain custody of AJ, her parents
instituted a petition for the issuance of the writs of amparo and habeas corpus. Impleaded along with
Reyes, Gacos and Villafuente as respondents in the petition are: Sarah Elago, who is a
representative of the Kabataan Party-list; Alex Danday, who is the spokesperson of Anakbayan; and Atty.
Maria Kristina Conti, who is a known counsel of Anakbayan. Should the Petition for the issuance of the
writs of amparo and habeas corpus be granted? (10 points)

14. Give the differences among Rule 103, Rule 108 and RA 9048, as amended, as to: (10 points)
a. changes involved;
b. where to file; and
c. grounds.

15. Who may adopt under the Rules on Domestic Adoption? (10 points)

16. What the exemptions for the residency and certification requirements under the Rules on
Domestic Adoption? (5 points)