Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Genocide (2%)
Torture (2%)
Slavery (2%)
Racial Discrimination (2%)
1|Page
According
According
According
According
to
to
to
to
source (3%)
recipient (3%)
aspect of life (3%)
struggle for recognition (3%)
III.
a. Define the writ of Amparo. (5%)
b. Nerio and Ray were rumoured to be marijuana planters in Barangay
Tabunan, Cebu City. On 17 March 2008, barangay tanods Alivia, Carmela,
and Roberta raided the ampalaya farm of Nerio and Ray but yielded no
result, as there was no marijuana plant found.
After the raid, Nerio and Ray received an invitation for a conference from
Barangay Captain Arcayana. The letter of invitation was referred to their
counsel, who advised them not to attend and, instead, send a letter-reply to
Barangay Captain Arcayana. When Arcayana received the reply letter, he got
hold of one copy, read its contents but refused to sign a receipt of the
document.
On the basis of the raid conducted, the sending of invitation letters, the
refusal of the barangay captain to receive the letter-reply as well as the
possibility of more harassment cases, false accusations, and possible
violence from respondents, they filed a verified petition for issuance of Writ
of Amparo against the Barangay Captain and the Barangay Tanods.
If you are the judge, will you issue the writ of Amparo? (8%)
IV
Joe, an American, and Maria, a Filipino, were married on August 28, 1998
in the Catholic Evangelical Church at the United Nations, Avenue Manila. A
year later, Maria gave birth to a baby girl whom they named Jennifer.
After three years, Marai grew restless and bored as a plain housewife. She
wanted to return to her old job as a guest relation officer in a nightclub,
with the freedom to go out with her friends. Whenever Joe is out of the
country, Maria was also often out with her friends, leaving her daughter in
the care of the househelp.
Maria left the family home with her daughter Jennifer without notifying Joe.
She told the servants that she was bringing Jennifer in Lamitan, Basilan.
Joe filed a petition for habeas corpus in the designated Family Court in
Makati City. However, the petition was dismissed because the allegation in
the petition states that the child is in Basilan. Thus, the court has no
jurisdiction over the same. When Joe searched for his daughter in Basilan,
he could not find Jennifer.
Thus, he filed another petition this time with the Court of Appeals so that
the writ will be enforceable in the entire country. However, the petition was
denied on the ground that it did not have jurisdiction over the case because
2|Page
4|Page