Case Digest (G.R. No. 193652) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Infant Julian Yusay Caram, represented by his mother Ma. Christina Yusay Caram, vs. Atty. Marijoy D. Segui, Atty. Sally D. Escutin, Vilma B. Cabrera, Celia C. Yangco, and the Office of the Solicitor General (G.R. No. 193652, August 5, 2014), the petitioner, Christina, became pregnant out of wedlock by Marcelino Gicano Constantino III and, to avoid familial embarrassment, arranged through Sun and Moon Home for Children to have her son adopted. Born on July 26, 2009 at Amang Rodriguez Memorial Medical Center, Baby Julian was voluntarily committed to the DSWD by deed on August 13, 2009. Marcelino died on November 26, 2009 without knowledge of his son. On November 27, 2009, the DSWD issued a certificate declaring Baby Julian legally available for adoption. A local matching conference on January 27, 2010 led to supervised trial custody with the Medina spouses on February 5, 2010. Although Christina sought to suspend the adoption on May 5, 2010, the DSWD memorandum of May 28, 2010 ... Case Digest (G.R. No. 193652) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Conception and birth
- Petitioner Ma. Christina Yusay Caram (Christina) engaged in an extramarital relationship with Marcelino Gicano Constantino III, became pregnant, and secretly carried the pregnancy to term despite misleading Marcelino into believing she had an abortion.
- On July 26, 2009, Christina delivered Julian Yusay Caram (Baby Julian) at Amang Rodriguez Memorial Medical Center; Sun and Moon Home for Children in Parañaque City covered all medical expenses.
- Voluntary commitment and adoption proceedings
- On August 13, 2009, Christina executed a Deed of Voluntary Commitment, surrendering Baby Julian to the Department of Social Welfare and Development (DSWD).
- On November 26, 2009, Marcelino died without knowing of his son’s existence. On November 27, 2009, DSWD Secretary issued a certificate declaring Baby Julian “legally available for adoption.” A local matching conference was held on January 27, 2010; on February 5, 2010, Baby Julian was matched with spouses Vergel and Filomena Medina for supervised trial custody.
- Efforts to recover custody and writ of amparo proceedings
- On May 5, 2010, Christina asked DSWD to suspend adoption proceedings and expressed her desire to reclaim her child.
- On May 28, 2010, DSWD issued a memorandum stating that the three-month reglementary period to recover parental authority under R.A. 9523 had lapsed and that the adoption certification had attained finality.
- On July 12–16, 2010, Christina’s in-laws sought DNA testing; DSWD refused, maintaining the adoption process should proceed.
- On July 27, 2010, Christina filed a petition for a writ of amparo before the RTC of Quezon City to compel the DSWD officers to produce Baby Julian. The RTC issued the writ on July 28, 2010, conducted hearings on August 4 and 5, 2010, and allowed Christina to see the child.
- On August 17, 2010, the RTC dismissed the amparo petition for being an improper remedy in a custody dispute; it denied reconsideration on September 6, 2010. Christina then filed a Rule 45 petition for certiorari before the Supreme Court.
Issues:
- Whether a petition for a writ of amparo is the proper remedy to obtain parental authority and custody of a minor child.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)