Case Digest (G.R. No. 252120)
Facts:
In the Matter of the Petition for Writ of Amparo and Writ of Habeas Corpus in Favor of Alicia Jasper S. Lucena; Relissa Santos Lucena and Francis B. Lucena, petitioners, vs. Sarah Elago, Kabataan Party-list Representative; Alex Danday, National Spokesperson of Anakbayan; Chary Delos Reyes, Bianca Gacos, Jay Roven Ballais Villafuente, Members and Recruiters of Anakbayan; and Atty. Maria Kristina Conti, respondents, G.R. No. 252120, September 15, 2020, Supreme Court En Banc, promulgated November 7, 2022, Peralta, C.J., writing for the Court.Petitioners are the parents of Alicia Jasper S. Lucena (AJ). Respondents impleaded were officers and affiliates of Anakbayan—Chary Delos Reyes, Bianca Gacos, Jay Roven Ballais Villafuente (national leaders/recruiters), Alex Danday (national spokesperson), Sarah Elago (Kabataan Party-list representative), and Atty. Maria Kristina Conti (counsel associated with Anakbayan). Petitioners sought primarily to regain custody of AJ and to secure protective reliefs.
AJ enrolled in Grade 11 at Far Eastern University in 2018 and joined the FEU chapter of Anakbayan. Between February and July 2019 AJ left the family home on multiple occasions; on the occasions between March and May 2019 petitioners learned AJ was in the custody of Anakbayan national leaders and was undertaking recruiting and campaign activities. On July 10, 2019 AJ left home again and did not return; she later dropped out of FEU.
Petitioners alleged AJ had been radicalized and indoctrinated by Anakbayan while still a minor, impairing any later consent to remain with the group. AJ, however, appeared at an August 14, 2019 press conference presented with members of several party-lists where she declared she was not abducted and had joined voluntarily. AJ also executed a sworn statement on September 9, 2019 (filed in the compliance of respondents) denying abduction and brainwashing, asserting she left parental custody because of alleged parental abuse. Petitioners acknowledge AJ was already of majority age at the time of some events but argued prior indoctrination vitiated her informed consent.
Petitioners filed a petition with the Supreme Court seeking the writs of amparo and habeas corpus, a temporary protection order prohibiting respondents and allied organizations from recruiting or influencing AJ, an order to produce AJ in court, an order placing AJ in petitioners' custody, and orders for medical...(Subscriber-Only)
Issues:
- Is the remedy of the writ of amparo proper in the circumstances of AJ's alleged departure and continued stay with Anakbayan?
- Is the writ of habeas corpus proper to recover custody of AJ from r...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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