Murillo, Paul Arman T.

SPECIAL PROCEEDINGS : 9 /10 assignment

I. Distinguish WRIT OF HABEAS CORPUS, WRIT OF AMPARO, WRIT OF HABEAS DATA.

A writ of Habeas Corpus is a remedy available to any person, it covers cases of illegal
confinement or detention by which any person is deprived of his liberty, or by which the rightful
custody of any person is withheld from the person entitled thereto.
Writ of Amparo is a remedy available to any person whose right to life, liberty and security is
violated or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity. The writ covers extrajudicial killings and enforced
disappearances or threats thereof. It is a form of constitutional relief.

A writ of Habeas Data A remedy available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering, collecting or storing of
data or information regarding the person, family, home and correspondence of the aggrieved
party.
As to who may file the petition
In writ of habeas corpus by the party for whose relief it is intended, or by some person on his
behalf.
In writ of amparo
a) Any member of the immediate family: spouse, children and parents of the aggrieved party;
b) Any ascendant, descendant or collateral relative of aggrieved party within the 4th civil
degree of consanguinity or affinity;
c) Any concerned citizen, organization, association or institution, if no known member of
immediate family.

In writ of habeas data

a) Any member of the immediate family: spouse, children and parents of the aggrieved party;
b) Any ascendant, descendant or collateral relative of aggrieved party within the 4th civil
degree of consanguinity or affinity.

As to where to file
In writ of habeas corpus RTC, enforceable within its area of jurisdiction. CA or SC, enforceable
anywhere in the Philippines.
In writ of amparo RTC, Sandiganbayan, CA, SC; Writ is enforceable anywhere in the Philippines.
Petitioner is exempted to pay docket and other lawful fees.
In writ of habeas data RTC, SC, CA, Sandiganbayan; Writ is also enforceable anywhere in the
Philippines.
Where is the venue:
If filed in the RTC:
a) in the place where the petitioner resides;
b) in the place where the respondents reside;
c) in the place where the data or information is gathered, collected or stored.

At the option of the petitioner, Indigent petitioner is exempted to pay docket and other lawful
fees.
As to when issued
In writ of habeas corpus forthwith when a petition therefor is presented and it appears that the
writ ought to issue,
In writ of amparo immediately if on its face it ought to be issued; Served immediately; Summary
hearing set not later than seven (7) days from date of issuance
In writ of habeas data immediately if on its face it ought to be issued; Served within 3 days from
issuance; Summary hearing set not later than ten (10) work days from date of issuance.
As to the contents of the verified petition
In writ of habeas corpus
a) That the person in whose behalf the application is made is imprisoned or restrained of his
liberty;
b) The officer or name of the person by whom he is so imprisoned or restrained; or, if both are
unknown or uncertain, such officer or person may be described by an assumed appellation,
and the person who is served with the writ shall be deemed the person intended;
c) The place where he is so imprisoned or restrained, if known;
d) A copy of the commitment or cause of detention of such person, if it can be procured
without impairing the efficiency of the remedy; or, if the imprisonment or restraint is
without any legal authority, such fact shall appear.

In writ of amparo
a) Personal circumstances of petitioner and of respondent responsible for the threat, act or
omission;
b) Violated or threatened right to life, liberty and security of aggrieved party, and how
committed with attendance circumstances detailed in supporting affidavits;
c) Investigation conducted, specifying names, personal circumstances and addresses of
investigating authority or individuals, as well as manner and conduct of investigation
together with any report;
d) Actions and recourses taken by petitioner to determine the fate or whereabouts of
aggrieved party and identity of person responsible for the threat, act or omission; and
e) The relief prayed for.
May include general prayer for other just and equitable reliefs.
In writ of habeas data
a) Personal circumstances of petitioner and respondent;
b) The manner the right to privacy is violated or threatened and how it affects the right to life,
liberty or security of aggrieved party;
c) Actions and recourses taken by petitioner to secure the data or information;
d) Location of files, registers or databases, government office, and the person in charge, in
possession or in control of the data or information, if known;
e) Reliefs prayed for, which may include the updating, rectification, suppression or destruction
of the database or information or files kept by respondent;
f) In case of threats, relief may include a prayer for an order enjoining the act complained of;
and
g) Such other reliefs as are just and equitable.

As to the contents of the return

In writ of habeas corpus
a) Whether he has or has not the party in his custody or power, or under restraint;
b) If he has the party in his custody or power, or under restraint, the authority and the true
and whole cause thereof, set forth at large, with a copy of the writ, order, execution, or
other process, if any, upon which the party is held;
c) If the party is in his custody or power or is restrained by him, and is not produced,
particularly the nature and gravity of the sickness or infirmity of such party by reason of
which he cannot, without danger, be brought before the court or judge;
d) If he has had the party in his custody or power, or under restraint, and has transferred such
custody or restraint to another, particularly to whom, at what time, for what cause, and by
what authority such transfer was made.

In writ of amparo
Within 72 hours after service of the writ, respondent shall file a verified written return together
with the supporting affidavits, which shall contain:
a) Lawful defenses;
b) Steps or actions taken to determine whereabouts of aggrieved party;
c) All relevant information pertaining to threat, act or omission against aggrieved party;
d) If respondent is a public official or employee, further state:
1) verify the identity of aggrieved;
 2) recover and preserve evidence related to death or disappearance of person identified in
petition;
3) identify witnesses and their statements;
4) determine cause, manner, location and time of death or disappearance as well as
pattern or practice;
5) identify and apprehend person/s involved in the death/disappearance;
6) bring suspected offenders before a competent court.

In writ of habeas data

a) Lawful defenses such as national security, state secrets, privileged communications,
confidentiality of source of information;
b) Disclosure of data/info about petitioner, nature of data/info, purpose of collection;
c) Steps or actions taken by respondent to ensure security and confidentiality of data or
information;
d) Currency and accuracy of data or information;
e) Other allegations relevant to resolution of the proceedings.

II. Discuss briefly salient points and procedure on the Rule of Custody of Minors pursuant
to A.M. No. 03-04-04SC.

The rule of the Custody of Minors pursuant to A.M. No. 03-04-04-SC provides for the
requisites to avail of this remedy, to wit;
1. Petitioner must have the right of custody over the minor;
2. Such custody is being withheld from petitioner by respondent; and
3. It is in the best interest of the minor to be in the petitioner’s custody rather than the
respondents. (Sombong v. CA, 252 SCRA 663)
As to who may file, the rule states that it may be brought by any person claiming the right of
custody. The Petition must be filed In the Family Court where the petitioner resides or where
the minor may be found, in the regular courts in the absence of the presiding judge in the
Family Court or in places where there no Family Courts and the Supreme Court, Court of
Appeals, or any of its members.
Hearings must be done at the discretion of the court; the hearings may be closed to the
public and the records of the case shall not be released to non-parties without court
approval. The case will be dismissed if the petitioner or his representative fails to appear. If
the respondent fails to appear after filing an answer, the court will allow the presentation of
evidence ex parte.
The provisional award of custody follows this order of preference;
1. Both parents jointly;
2. Either parent (subject to minor’s choice if over 7 years old and of sufficient
discernment)
3. Grandparent (subject to minor’s choice if over 7 years old and of sufficient
discernment)
4. Eldest sibling (over 21 years old)
5. Actual custodian (over 21 years old)
6. Any person or institution deemed suitable by the court.
In its award of provisional custody, the court shall also provide temporary visitation rights for
the non-custodial parent.

The rule also provides for the Interim Remedies

Hold Departure Order.
The minor child subject of the petition shall not be brought out of the country without prior
order from the court while the petition is pending.
The court, motu proprio or upon application under oath, may issue ex parte a hold departure
order, addressed to the Bureau of Immigration and Deportation, directing it not to allow the
departure of the minor from the Philippines without the permission of the court.
The Family Court issuing the hold departure order shall furnish the Department of Foreign
Affairs and the Bureau of Immigration and Deportation of the Department of Justice a copy
of the hold departure order within twenty-four hours from its issuance and through the
fastest available means of transmittal.
Protection Order
The court may issue a Protection Order requiring any person:
(a) To stay away from the home, school, business, or place of employment of the minor,
other parent or any other party, or from any other specific place designated by the court;
(b) To cease and desist from harassing, intimidating, or threatening such minor or the other
parent or any person to whom custody of the minor is awarded;
(c) To refrain from acts of commission or omission that create an unreasonable risk to the
health, safety, or welfare of the minor;
(d) To permit a parent, or a party entitled to visitation by a court order or a separation
agreement, to visit the minor at stated periods;
(e) To permit a designated party to enter the residence during a specified period of time in
order to take personal belongings not contested in a proceeding pending with the Family
Court; and
(f) To comply with such other orders as are necessary for the protection of the minor.

As to its judgement, the custody shall be awarded to the proper party after taking into
account the best interests of the child.
Likewise, the judgment may order the parent/s to provide support, maintenance, or
education to the minor. Moreover, it may also order the non-custodial parent to have
visitation rights or temporary custody.
The general is that parents should have custody over their minor. But the State has the right
to intervene where the parents, rather than care for such children, treat them cruelly and
abusively, impairing their growth and well-being and leaving them emotional scars that they
carry throughout their lives unless they are liberated from such parents and property
counseled. (In the Matter of the Petition for Habeas Corpus of Minor Shang Ko Vingson Yu,
UDK No. 14817, Jan. 13, 2014)
A motion to dismiss may only be allowed on the ground of lack of jurisdiction.
An appeal shall be taken by means of a Notice of Appeal. However, no appeal will be taken
without prior filing of a motion for reconsideration or motion for new trial within 15 days
from receipt of the judgment.

III. CASES ON ADOPTION.

1) Badua vs. CA, GR No. 105625 ( Jan. 24/94)

2) Castro vs. Gregorio, GR. No. 188801 ( 10-15/2014)
3) In RE: Petition for adoption of Michelle P. Lim, GR. No. 168992-93( May 21/09)
4) Teotico vs. Del Val, GR. L No. 18753( March 26/65)
5) Landingin vs. Republic, GR. No. 164948 ( June 27/06)
6) Cang vs. CA, GR. No. 105308 ( Sept. 25/98)
7) Republic vs. Valencia, GR. L  No. 32181( March 5/86)
8. In the matter of adoption of Stephanie Astorga Garcia, GR. No. 148311 ( March 31/05)
9) Lahom vs. Sibulo, GR. No. 143939 ( July 14/03)
10) Republic vs. Miller, GR. No. 125932 (4 21/99)