VI. Special Proceedings and Writs

V. SPECIAL PROCEEDINGS AND SPECIAL WRITS

A. Settlement of Estate of Deceased Persons

B. Guardianship

C. Adoption

D. Habeas Corpus (Rule 102); Custody of Minors (A.M. No. 03-04-04-SC)

E. Writ of Amparo (A.M. No. 07-9-12-SC)

F. Writ of Habeas Data (A.M. No. 08-1-16-SC)

G. Change of Name (Rule 103)

H. Cancellation or Correction of Entries in the Civil Registry (Rule 108; R.A. 9048, as amended by R.A. No. 10172)

I. Rule of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

Distinguish Privilege of the Writ of Amparo from Actual Order called Amparo

The privilege of the Writ of Amparo should be distinguished from the actual order called the Writ of Amparo. The privilege includes availment of the entire procedure outlined in A.M. No. 07-9-12-SC, the Rule on the Writ of Amparo. (Sec. De Lima v. Gatdula, G.R. No. 204528, 2013)

The writ of amparo was conceived to provide expeditious and effective procedural relief against violations or threats of violation of the basic rights to life, liberty, and security of persons; the corresponding amparo suit, however, is not an action to determine criminal guilt requiring proof beyond reasonable doubt or administrative liability requiring substantial evidence that will require full and exhaustive proceedings. (The Secretary of National Defense v. Manalo, G.R. No. 180906, 2008)

Report

The court may order the commissioners to report when any particular portion of the real estate shall have been passed upon by them, and may render judgment upon such partial report, and direct the commissioners to proceed with their work as to subsequent portions of the property sought to be expropriated, and may from time to time so deal with such property. (Sec. 7, Rule 67)

The commissioners shall make a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual until the court shall have accepted their report and rendered judgment in accordance with their recommendations. (Id.).

Except as otherwise expressly ordered by the court, such report shall be filed within 60 days from the date the commissioners were notified of their appointment, which time may be extended in the discretion of the court. (Id.).

Upon the filing of such report, the clerk of the court shall serve copies thereof on all interested parties, with notice that they are allowed 10 days within which to file objections to the findings of the report, if they so desire. (Id.).