INFANT JULIAN YUSAY CARAM v. ATTY. MARIJOY D. SEGUI

FACTS:

The case involves a petition for the issuance of a writ of amparo filed by petitioner Ma. Christina Yusay Caram (Christina) against the respondent officers of the Department of Social Welfare and Development (DSWD). Christina had a child with Marcelino Gicano Constantino III (Marcelino) but initially misled Marcelino into believing that she had an abortion. She intended to have the child adopted to avoid embarrassment. However, Marcelino's family found out about the child after Marcelino's death and vowed to help Christina raise the baby.

Christina voluntarily surrendered the baby to the DSWD in August 2009. The DSWD subsequently declared the baby "Legally Available for Adoption" and matched him with the spouses Vergel and Filomina Medina of the Kaisahang Bahay Foundation. Christina later changed her mind about the adoption and requested the suspension of the adoption proceedings. The DSWD informed Christina that the certification declaring the baby legally available for adoption had already become final.

Consequently, Christina filed a petition for the issuance of a writ of amparo seeking to regain custody of the baby. The Regional Trial Court (RTC) issued a Writ of Amparo and ordered the respondents to produce the baby at a hearing.

ISSUES:

  1. Whether or not the court has jurisdiction over the case.

  2. Whether or not the petition for a writ of amparo is the proper remedy.

  3. Whether or not the prayer in the petition should be granted and custody of the child should be awarded to the petitioner.

RULING:

  1. The court has jurisdiction over the case.

  2. The petition for a writ of amparo is the proper remedy.

  3. The prayer in the petition should be denied and custody of the child should not be awarded to the petitioner.

PRINCIPLES:

  • Jurisdiction of the court over cases.

  • Proper remedy to be availed of in cases relating to custodial rights of a biological parent.

  • Grounds for the granting or denial of a petition for a writ of amparo.