Discuss the legal rules, principles and concepts

Adoption; Habeas Corpus; Writs of Amparo and Habeas Data.

Adoption.

1. Adoption is a juridical act which creates between two persons a relationship similar to that which
results from legitimate paternity and filiation.
2. Who may adopt:
1. Any Filipino citizen
- Legal age
- Of good moral character
- Has not been convicted of any crime involving moral turpitude
- At least 16 years older than the adoptee, and who is in a position to support
and care for his children in keeping with the means of the family
o The 16-year difference requirement may be waived when the
adopter is the biological parent is the adoptee.
2. Any alien
- Possessing the same qualifications for Filipinos
- Whose country has a diplomatic relationship with the Philippines.
- Who has been living in the Philippines for at least 3 consecutive years prior
to the filing of the adoption petition and maintains such residence until the
entry of the adoption decree.
The residency requirement may be waived for the following:
a. A former Filipino who seeks to adopt a relative
within the 4th degree of consanguinity or affinity.
b. Married to a Filipino: one who seeks to adopt the
legitimate child of his Filipino spouse.
c. Married to a Filipino: one who is married to a
Filipino and seeks to adopt jointly with his spouse a
relative within the 4th degree of consanguinity or
affinity of the Filipino spouse.
- Who has been certified by his diplomatic or consular office or any
appropriate government agency to have the legal capacity to adopt in his
country, and whose government allows the adoptee to enter his country as
his adopted child.

3.. A guardian may adopt his ward provided it is done after the termination of the guardianship and
clearance of his financial accountabilities.

4. The husband and wife shall jointly adopt. The exceptions are: (LIS)

1. If one seeks to adopt the legitimate child of the other spouse.

2. If one spouse seeks to adopt his own legitimate child, provided that the other spouse seeks to
adopt the other’s legitimate child, both spouses must jointly adopt.

3. If the spouses are legally separated from each other.

5. Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter.
However, the adopter may disinherit the adoptee for causes provided in the Article 919 of the Civil
Code.

6. The adoptee who is over 18 years of age, or with the assistance of the DSWD if he is a minor, or by his
guardian or counsel if over, or by his guardian or counsel if over 18 but incapacitated, the rescission may
be rescinded based on any of the following grounds committed by the adopter:

1. Repeated physical and verbal maltreatment by the adopter despite having undergone
counselling.

2. Attempt in the life of the adoptee.

3. Sexual abuse or violence

4. Abandonment of failure to comply with parental obligations.

7. Inter-country adoption is the procedure whereby a foreigner or a Filipino permanently residing

abroad can adopt a Filipino child who cannot be placed in a foster or an adoptive family or cannot, in
suitable manner, be cared for in the Philippines.

Rule 102. Rules on the writ of Habeas Corpus

8. Writ of Habeas Corpus is the order of the court requiring the person to whom it is issued to produce
the person alleged to be restrained of his liberty and whose rightful custody has been withheld and to
justify such person’s detention or custody.

The remedy or special proceeding for obtaining the writ is a petition for writ of habeas corpus

9. The writ of habeas corpus shall extend to all 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.

10. Strict compliance with the technical requirements for Habeas Corpus petition as provided for in the
Rules of Court may be dispensed with where the allegations in the application are sufficient to make out
a case for habeas corpus.

The Supreme Court declared that it is the duty of a court to issue the writ if there is evidence
that the person is unjustly restrained of his liberty within its jurisdiction even there is no application
therefor. A petition deficient in form such as a petition letter, may be entertained so long as its
allegation sufficiently make out a case for Habeas Corpus. (HC)

11. In Habeas Corpus proceeding, any person may apply for writ in behalf of the aggrieved party.

12. In a petition for Habeas Corpus, actual or physical restrained is required.

13. If it appears that the person to be restrained of his liberty is in the custody of an officer under
process issued by a court or judge; or by virtue judgment or order of a court of record and that court or
judge had jurisdiction to issue the process, render the judgment, or make the order, the writ of habeas
corpus shall not be allowed.
14. If the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of
any informality or defect in the process.

15. When the rule refers to restraint of a person under process of a court of record, such process may
also be issued by a governmental agency authorized to order a person’s confinement, such as the
Bureau of Immigration.

16. Habeas Corpus is the proper remedy for a person deprived of liberty due to mistaken identity. In
such cases, the person is not held under any lawful process continuously being illegally detained.

17.Under DILG Act of 1990, the restrictive custody and monitoring of movements or whereabouts of
police officer under investigation by their superior is not a form of illegal detention or restraint of liberty
even assuming that there initially no administrative investigation when place in custody, the subsequent
investigation would legalize his restrictive custody.

18. The writ of Habeas Corpus may be availed of as a post-conviction remedy:

a) There has been a deprivation of a constitutional right resulting in the restraint of a person;

-unlawful search

- right to be informed of the nature of the charged against him

b) The court had no jurisdiction to impose the sentence;

Where a deprivation of a constitutional right is established, the court rendered the

judgment is ousted of jurisdiction and habeas corpus would lie to challenge the legality of the
detention.

c)An excessive penalty has been imposed, as such sentence is void as to such excess.

19. Instances where the writ of Habeas Corpus is available where the rightful custody of any person is
withheld from the person entitled thereto:

1) Parents may avail of the writ to obtain custody of their child as against the grandparent.

2) Wife may avail of the writ to obtain custody of her child under seven years of age against her
husband.

3. A judicial guardian ho was unduly deprived of custody or her ward is entitled to a writ of
habeas corpus is order to regain custody.

20. An appeal in Habeas Corpus cases shall be taken 48 hours from notice of the judgment or final order
appealed from.

Writ of Amparo.

21. A remedy available to any person whose right to life, liberty and security has been violated or
threatened violation by a public official or employee or a private individual or entity. The writ covers
extralegal killings and enforced disappearances or threats thereof.

Actual threat to life, liberty and security.

21. The writ of amparo be filed with the Regional Trial Court of the place where the threat, act or
omission was committed or nay of its elements occurred, or where the Sandiganbayan, Court of
Appeals, Supreme Court or any justice thereof.

22. The writ of Amparo may be filed by the aggrieved party or any qualified person or entity in the
following order:

1. Immediate family of the aggrieved party: Spouse, Children and parents.

2. Ascendant, descendant, or relative within 4 th degree, in default of 1.

3. Concerned citizen or organization if no known immediate family member or relative of the

aggrieved party.

23. Failure of the respondent to file the return, within 5 days working days after service of the writ have
the following effects:

1. The respondent waives any defense that he may have had.

2) The court shall proceed to hear the petition ex parte.

3) The court may cite for contempt a respondent who refuses to make return.

24.Upon filing of the writ or any time before the final judgment, the court may grant any of the
following reliefs:

a) Temporary Protection Order (TPO).Upon motion or muto proprio, the court may order that
the aggrieved party and any member of the immediate family be protected in a government
agency or by an accredited person or private institution capable of securing their safety.

b) Inspection Order (IO). Upon verified motion and after due hearing, the court may order the
inspection or photographing of property or relevant object or operation thereon. If the motion
is opposed on the ground of national security or evidentiary privilege, the court may conduct
camera hearing.

c) Production order (PO). Upon motion and after a due hearing, the court may order the
production of designated objects for inspection or copying. If the motion is opposed on the
ground of national security or evidentiary privilege, the court may conduct an in camera hearing.

d) Witness protection Order (WPO upon motion or motu proprio, the court may refer witnesses
to Department of Justice for admission to witness protection program. Witnesses may also be
referred to other government agencies or accredited persons or private institution for
safekeeping.

25. The hearing on the petition shall be summary. The court may, however, hold a preliminary
conference to simplify issues and obtain stipulations and admission from the parties.

26. The technical rules of evidence are not strictly observed in writ of amparo. The rules of evidence are
reduced to the most basic test of reason. ---- i.e., to the relevance of the evidence to the issue at hand
and its consistency with all other pieces of adduced evidence. Thus, even hearsay evidence can be
admitted if it satisfies this basic minimum test. The court should exercise flexibility in the consideration
of evidence, including hearsay evidence, in extra-judicial killings and enforced disappearance cases.

Rule Writ of Habeas Data.

26. Writ of Habeas Data is a remedy available to any person whose right to 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 or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party.

27. The petition for a writ of habeas data may be filed with the Regional Trial Court where petitioner or
respondent resides or that which has jurisdiction over the place where the data or information is
gathered or stored, at petitioner’s option. It may also be filed with the Sandiganbayan, Court of Appeals,
and the Supreme Court if the petition concerns public data files of government files.

28.Writ of Habeas Data is enforceable anywhere in the Philippines.

29.The respondent shall file a verified return together with supporting affidavits within 5 days after
service of the writ. The period to file a return may be reasonably extended by the court for justifiable
reasons.

30. The effects of the failure to file the return are the following:

(1) The court shall proceed to hear the petition ex parte granting the petitioner such relief as the
petition may warrant unless the court in its discretion requires the petitioner to submit
evidence.

2) The court may cite for contempt a respondent who refuses to make a return.

31. The hearing on the petition for Writ of Habeas Data shall be summary. The court may, however had
preliminary conference to simplify issues and obtain stipulations and admissions of the parties. The
hearing shall be from day to day until completed and shall be given the same priority as petitions for
habeas corpus.

32. The following are the prohibited pleading or papers in a writ of habeas data:

1) Motion to dismiss

2) Motion for extension of time to file return, opposition, affidavit, position paper and other
pleadings.

3) Dilatory motion for postponement.

4) Motion for Bill of Particulars

5) Counter or cross-claim

6) Third-party complaint

7) Reply

8) Motion for reconsideration

 9) Intervention

10) Memorandum

11) Motion for reconsideration

12) Certiorari, mandamus or prohibition against any interlocutory order.

33. Any party may appeal from the final judgment or order to the Supreme Court under Rule 45. The
period of appeal shall be 5 working days from notice of adverse judgment. While not expressly provided
for in the Rules, in case a motion for reconsideration or motion for new trial is filed and denied, the 5
working-day shall be computed from notice of the order denying the motion for reconsideration or
motion for new trial. The appeal may raise questions of fact or law or both.

33. Substantial evidence or that amount or relevant evidence which a reasonable mind might accept as
adequate to support a conclusion is the quantum of proof of allegations in a writ of habeas data case.

34. A hearing in chambers may be conducted where the respondent invokes the defense that the
release of data or information in question shall compromise national security or state secrets, or when
data or information cannot be divulged to public due to its nature or privileged character.