Quarantine Homework.
Please answer the questions and email your answers
to this email address laurequijano.ql@gmail.com on or before 30 April 2020
(Thursday).
1. What is the venue for the filing of a petition for the commitment of an
insane person?
2. Who may file for the petition for the commitment of an insane person?
3. What is the duty of the court if the petition for commitment filed is
sufficient in form and in substance?
4. What should be proven during the hearing of the petition for commitment?
What interim ruling may the court do during the promulgation of judgment?
5. How and when may an insane person be discharged from commitment?
6. What is a writ of habeas corpus (WHC)?
7. Who may grant a WHC? Where is it enforceable? Where is it returnable?
8. Who may file a petition for WHC? What are the contents of the petition?
9. When is a WHC not allowed or the discharge of a detained person not
authorized?
10. When may a WHC be granted and issued?
11. To whom is the writ directed? What is required of the person to whom the
writ is directed?
12. How is a prisoner, or person to be produced, be designated in the writ?
How is the writ served?
13. How may the WHC be executed and returned?
14. May a person in custody of a person imprisoned or restrained disobey the
writ on the ground of defect of form?
15. What are the contents of the return for a WHC?
16. What should be done with the return by the person who makes it?
17. What happens during the hearing on the return of the WHC?
18. When is the return considered as evidence? When is it only a plea of the
facts set forth?
19. When is a person lawfully imprisoned recommitted? When should he be
admitted to bail?
20. When is a prisoner discharged pursuant to a petition for a WHC?
21. What is the penalty for refusing to issue the writ or for disobeying the
same?
22. What are the instances when a prisoner may be removed from one custody
to another?
23. What is a writ of amparo (WA)?
24. Who may file a petition for a WA?
25. What is the venue for the filing of a petition for a WA? Where is the writ
returnable?
26. Is the petitioner required to pay docket fees in filing the petition for a
WA?
27. What are the contents of a petition for a WA?
28. What must the court, justice or judge do upon the filing of the petition for
a WA?
29. What is the penalty for refusing to issue or serve the writ of amparo after
its allowance?
30. How is the WA served?
31. What must the respondent do after service of the WA? What are the
contents of the return?
32. What is the effect of not raising available defenses in the return by the
respondent?
33. What are the prohibited pleadings and motions in amparo proceedings?
34. What is the effect of failing to file a return by the respondent?
35. How is the hearing on the petition for a WA conducted?
36. What are the interim reliefs that a court, justice or judge may grant after
filing of the petition or at any time before final judgment?
37. What are the interim reliefs available to respondent in amparo
proceedings?
38. What is the penalty for refusing, disobeying or resisting a lawful order or
process of the court in amparo proceedings?
39. What is the quantum and burden of proof and standard of diligence
required in amparo proceedings?
40. What is the procedure in the promulgation of judgment in amparo
proceedings?
41. What is the procedure for appeal in amparo proceedings?
42. What is the procedure for archiving and revival of amparo petitions?
43. May separate actions be instituted aside from the amparo petition?
44. What is the effect of filing of a criminal action in amparo petition?
45. When may the separate actions filed be consolidated with the amparo
petition?
46. Liza filed a petition for a writ of amparo, claiming that she was being
threatened by Enrique, her ex-boyfriend, with whom she has a five-year child
out of wedlock, named Caitriona. Liza alleged that since she started dating
someone else, Enrique began stalking her, parking his car on the street outside
her house, and watching her house until the wee hours of the morning. She
thus feared for her life.
(a) Is Liza entitled to a writ of amparo? Explain fully.
(b) Assuming that Enrique took away Caitriona without Liza’s knowledge
and consent, what is the proper remedy for Liza to immediately recover
Caitriona’s custody? Explain fully.
47. Liam was walking near a police station when a police officer signaled for
him to approach. As soon as Liam came near, the police officer frisked him
but the latter found no contraband. The police officer told Liam to get inside
the police station. Inside the police station, Liam asked the police officer,
“Sir, may problema po ba?” Instead of replying, the police officer locked up
Liam inside the police station jail? What is the remedy available to Liam to
secure his immediate release from detention? Explain fully your answer.
48. What is the difference between the writs of habeas corpus and amparo?
49. True or False. In habeas corpus cases, actual and effective, and not merely
nominal or moral restraint is required. However, actual physical restraint is
not always required since any restraint which will prejudice freedom of action
is sufficient.
50. True or False. Writ of habeas corpus may also be availed of where as a
consequence of a judicial proceeding, the court had no jurisdiction to impose
the sentence or an excessive penalty has been imposed, such sentence being
void as to the excess.
51. True or False. Generally, writ of habeas corpus shall not issue if restrain is
voluntary, but it may be issued to enable parents to recover custody of minor
daughter although she is in custody of a third person on her own volition; or
to enable to regain custody of a minor younger sister living voluntarily in
adulterous relations with another.
52. True or False. Writ of habeas corpus is not available where daughter is of
legal age, living with a married man who is not restraining her of her liberty.
