Caram vs.

Segui
G.R No. 193652
August 5, 2014

Facts:
Petitioner Ma. Christina Yusay Caram (Christina) had an amorous relationship with
Marcelino Gicano Constantino III (Marcelino) and eventually became pregnant
with the latter’s child without the benefit of marriage. On July 26, 2009, Christina
gave birth to Baby Julian at Amang Rodriguez Memorial Medical Center, Marikina
City and Sun and Moon shouldered all the hospital and medical expenses. On
August 13, 2009, Christina voluntarily surrendered Baby Julian by way of a Deed
of Voluntary Commitment to the DSWD.

Issue: whether writ of amparo is the proper remedy available to the petitioner

Held:
No, to reiterate, the privilege of the writ of amparo is a remedy available to basically
protect and guarantee the right to life, liberty and security of persons, free from
fears and threats that vitiate the quality of life. Christina’s directly accusing the
respondents of forcibly separating her from her child and placing the latter up for
adoption, supposedly without complying with the necessary legal requisites to
qualify the child for adoption, clearly indicates that she is not searching for a lost
child but asserting her parental authority over the child and contesting custody over
him. Since it is extant from the pleadings filed that what is involved is the issue of
child custody and the exercise of parental rights over a child, who, for all intents
and purposes, has been legally considered a ward of the State, the Amparo rule
cannot be properly applied.