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P Dean Albano Rem Lecture Dugs Notes
P Dean Albano Rem Lecture Dugs Notes
WRIT OF KALIKASAN
- DA: Feeling ko, lalabas ito.
CHANGE OF NAME
- If you want to change your name, go to the LCR
o Doctrine of primary jurisdiction
- Can you change your name again?
o NO.
o If you want to change it again, you have to go through adversarial
procedings
o There must be participation of the OSG
o There will be publication à trial à both parties will present their
evidence
CORRECTION OF ENTRY
- If mere clerical or innocuous entry à go to the LCR
o Doctrine of primary jurisdiction
- If substantial change à RTC
o Implead
o MAGPAYO CASE
§ Person contends that he is not a legitimate child since
his parents never married each other. He wants to have
the entry corrected to stated that his parents are not
married and that he is illegitimate. He also wanted to
change his surname to the surname of his mother.
• This should be filed with the court
• Substantial change
• There is a court proceeding à publication à
trial
RECANTATION
- Recantation is taken extrajudicially hence it is usually not considered by the
court because it may have been influenced by undue pressure or
consideration subject to the discretion of the court
CITIZEN’S SUIT
- OPOSA VS FACTORAN
WRIT OF KALIKASAN
- Entitled to the preservation of the environment
- There may be a petition for issuance of Writ of Kalikasan if someone is
violating your right
- Thereafter, the court may issue a writ of continuing mandamus in order to
compel an act or series of acts in order to protect the environment
- Magnitude of destruction extending to 2 or more cities or provinces
- CONDOMINIUM CASE
o It was the condominium corporation which filed the petition for
issuance of writ of Kalikasan.
§ Condo corp can represent the owners of the units of the
building in said suit
TAXI CASE
- LTO said no registration of taxi units which are more than 10 years old already
to prevent pollution
- Is this a legitimate exercise of the power of the government?
o YES. To protect the health of people
- Problem: There is now a petition for injunction + PMI + damages in order to
enforce the right to register the said taxi unit
o It is a legitimate exercise of the power of the government to prevent
pollution
o SLAPP – STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
o This is a SLAPP SUIT because the injunction and PMI is being
used to prevent the government from performing its lawful public
functions