Special Proceedings (A Foresight to the Bar Exam)

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Despite its limitations, the heartwarming response to the first edition of this book and the
encouragements of students and friends to come out with an updated version, were the
reasons why this revised edition is published. Since the release of the fi rst edition, new
doctrinal decisions have been established by the Supreme Court in special proceedings,
particularly in the grant of petitions for writ of amparo and habeas data. Several landmark
cases in settlement of the estate, as well as correction/change of name, like the concept of
Congenital Adrenal Hyperplasia (CAH) or known as biological inter-sex condition, found its
way in out jurisdiction. The author deemed it necessary to include the Supreme Court’s signifi
cant decisions rendered from the year 2008 to 2010.

A new chapter, ‘The Clerical Error Act’ or R.A. 9048, was added so reviewees, who fi nd diffi
culty in differentiating the same from Rule 103 Change of Name and Rule 108 Cancellation or
Correction of Entries in the Civil Registry, may fully comprehend their narrow distinction.
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Incorporated in this edition are the various pleadings in special proceedings that are helpful to
reviewees and practitioners as it provides a readily available reference to legal forms used in
court proceedings.

Bar questions, question and answer presentation form, inclusion of recent cases and
amendments, and revision of laws and regulations are maintained in this edition. In some
chapters, however, presentations were necessarily modifi ed and errors were rectifi ed to
provide readers better understanding of the topics.

It is believed that with the release of the new edition, students and reviewees would continue
to gain clear foresight of the bar exam involving special proceedings, as well as for
practitioners and judges to find this book an indispensable tool in their quest to administer
justice.

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