Infant JULIAN YUSA Y CARAM, represented by his mother, MA.
CHRISTINA YUSAY CARAM, Petitioner,
vs.
Atty. MARIJOY D. SEGUI, Atty. SALLY D. ESCUTIN, VILMA B.
CABRERA, and CELIA C. YANGCO, Respondents.
G.R. No. 193652 August 5, 2014
VILLARAMA, JR., J.:
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. During this time, she intended to have the child adopted
through Sun and Moon Home for Children (Sun and Moon) in Parañaque
City to avoid placing her family in a potentially embarrassing situation for
having a second illegitimate son. On July 26, 2009, Christina gave birth
to Baby Julian at Amang Rodriguez Memorial Medical Center, Marikina
City. 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.
Then, DSWD, issued a certificate declaring Baby Julian as "Legally
Available for Adoption." A local matching conference was held and Baby
Julian was "matched" with the spouses Vergel and Filomina Medina
(Medina Spouses) of the Kaisahang Bahay Foundation. Supervised trial
custody then commenced. Thereafter, Christina who had changed her
mind about the adoption, wrote a letter to the DSWD asking for the
suspension of Baby Julian’s adoption proceedings. She also said she
wanted her family back together. The DSWD, through respondent Atty.
Marijoy D. Segui, sent a Memorandum to DSWD Assistant Secretary Vilma
B. Cabrera informing her that the certificate declaring Baby Julian legally
available for adoption had attained finality after Christina signed the Deed
of Voluntary Commitment which terminated her parental authority and
effectively made Baby Julian a ward of the State. Then, Christina filed a
petition for the issuance of a writ of amparo before the RTC of Quezon City
seeking to obtain custody of Baby Julian from Atty. Segui, Atty. Escutin,
Assistant Secretary Cabrera and Acting Secretary Celia C. Yangco, all of
the DSWD.
In her petition, Christina accused respondents of "blackmailing" her into
surrendering custody of her child to the DSWD utilizing what she claims
to be an invalid certificate of availability for adoption which respondents
allegedly used as basis to misrepresent that all legal requisites for adoption
of the minor child had been complied with. On the basis of the said
petition, the RTC, issued a Writ of Amparo commanding the four
respondents to produce the body of Baby Julian. The respondents
complied with the writ and filed their Return praying that the petition be
denied for being the improper remedy to avail of in a case relating to a
biological parent’s custodial rights over her child.
ISSUES:
Whether or not Writ of Amparo is the proper remedy available to the
Petitioner.
HELD:
NO. 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.
To reiterate, the privilege of the writ of amparo is a remedy available
to victims of extra-judicial killings and enforced disappearances or threats
of a similar nature, regardless of whether the perpetrator of the unlawful
act or omission is a public official or employee or a private individual. It is
envisioned basically to protect and guarantee the right to life, liberty and
security of persons, free from fears and threats that vitiate the quality of
life.
