HABEAS CORPUS

NILO OROPESA, petitioner, vs. CIRILO OROPESA, respondent.

IN THE MATTER OF THE PETITION OF HABEAS CORPUS OF

EUFEMIA E. RODRIGUEZ, filed by EDGARDO E. VELUZ,
petitioner, vs. LUISA R. VILLANUEVA and TERESITA R.
PABELLO, respondents.

Remedial Law; Special Proceedings; Guardianship; A

guardianship is a trust relation of the most sacred character,
in which one person, called a guardian acts for another
called the ward whom the law regards as incapable of
managing his own affairs.In Francisco v. Court of Appeals,
127 SCRA 371 (1984), we laid out the nature and purpose of
guardianship in the following wise: A guardianship is a trust
relation of the most sacred character, in which one person,
called a guardian acts for another called the ward whom
the law regards as incapable of managing his own affairs. A
guardianship is designed to further the wards well-being, not
that of the guardian. It is intended to preserve the wards
property, as well as to render any assistance that the ward
may personally require. It has been stated that while custody
involves immediate care and control, guardianship indicates
not only those responsibilities, but those of one in loco
parentis as well. In a guardianship proceeding, a court may
appoint a qualified guardian if the prospective ward is proven
to be a minor or an incompetent.

Constitutional Law; Habeas Corpus; The writ of habeas corpus

is issued when one is either deprived of liberty or is wrongfully
being prevented from exercising legal custody over another
person.The writ of habeas corpus extends to all cases of
illegal confinement or detention by which any person is
deprived of his liberty or by which the rightful custody of a
person is being withheld from the one entitled thereto. It is
issued when one is either deprived of liberty or is wrongfully
being prevented from exercising legal custody over another
person. Thus, it contemplates two instances: (1) deprivation of
a persons liberty either through illegal confinement or
through detention and (2) withholding of the custody of any
person from someone entitled to such custody.
Same; Same; In order to justify the grant of the writ of habeas
corpus, the restraint of liberty must be in the nature of an
illegal and involuntary deprivation of freedom of action.
Fundamentally, in order to justify the grant of the writ of
habeas corpus, the restraint of liberty must be in the nature of
an illegal and involuntary deprivation of freedom of action. In
general, the purpose of the writ of habeas corpus is to
determine whether or not a particular person is legally held. A
prime specification of an application for a writ of habeas
corpus, in fact, is an actual and effective, and not merely
nominal or moral, illegal restraint of liberty. The writ of
habeas corpus was devised and exists as a speedy and
effectual remedy to relieve persons from unlawful restraint,
and as the best and only sufficient defense of personal
freedom. A prime specification of an application for a writ of
habeas corpus is restraint of liberty. The essential object and
purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint as distinguished from
voluntary, and to relieve a person therefrom if such restraint
is illegal. Any restraint which will preclude freedom of action is
sufficient.
Same; Same; In passing upon a petition for habeas corpus, a
court or judge must first inquire into whether the petitioner is
being restrained of his liberty.In passing upon a petition for
habeas corpus, a court or judge must first inquire into whether
the petitioner is being restrained of his liberty. If he is not, the
writ will be refused. Inquiry into the cause of detention will
proceed only where such restraint exists. If the alleged cause
is thereafter found to be unlawful, then the writ should be
granted and the petitioner discharged. Needless to state, if
otherwise, again the writ will be refused.
Same; Same; While habeas corpus is a writ of right, it will not
issue as a matter of course or as a mere perfunctory
operation on the filing of the petition; It is only if the court is
satisfied that a person is being unlawfully restrained of his
liberty will the petition for habeas corpus be granted.While
habeas corpus is a writ of right, it will not issue as a matter of
course or as a mere perfunctory operation on the filing of the
petition. Judicial discretion is called for in its issuance and it
must be clear to the judge to whom the petition is presented
that, prima facie, the petitioner is entitled to the writ. It is only
if the court is satisfied that a person is being unlawfully
restrained of his liberty will the petition for habeas corpus be
granted. If the respondents are not detaining or restraining
the applicant or the person in whose behalf the petition is
filed, the petition should be dismissed. [Veluz vs. Villanueva,
543 SCRA 63(2008)]
GUARDIANSHIP

Same; Same; Same; Incompetents; A reading of Section 2,

Rule 92 of the Rules of Court tells us that persons who, though
of sound mind but by reason of age, disease, weak mind or
other similar causes, are incapable of taking care of
themselves and their property without outside aid are
considered as incompetents who may properly be placed
under guardianship.A reading of Section 2, Rule 92 of the
Rules of Court tells us that persons who, though of sound
mind but by reason of age, disease, weak mind or other
similar causes, are incapable of taking care of themselves and
their property without outside aid are considered as
incompetents who may properly be placed under
guardianship. The full text of the said provision reads: Sec. 2.
Meaning of the word incompetent.Under this rule, the
word incompetent includes persons suffering the penalty of
civil interdiction or who are hospitalized lepers, prodigals, deaf
and dumb who are unable to read and write, those who are of
unsound mind, even though they have lucid intervals, and
persons not being of unsound mind, but by reason of age,
disease, weak mind, and other similar causes, cannot, without
outside aid, take care of themselves and manage their
property, becoming thereby an easy prey for deceit and
exploitation.
Same; Civil Procedure; Petition for Review on Certiorari;
Appeals; As a general rule, only questions of law may be
raised in a petition for review on certiorari because the Court
is not a trier of facts.It is axiomatic that, as a general rule,
only questions of law may be raised in a petition for review
on certiorari because the Court is not a trier of facts. We only
take cognizance of questions of fact in certain exceptional
circumstances; however, we find them to be absent in the
instant case. It is also long settled that factual findings of the
trial court, when affirmed by the Court of Appeals, will not be
disturbed by this Court. As a rule, such findings by the lower
courts are entitled to great weight and respect, and are
deemed final and conclusive on this Court when supported by
the evidence on record. We therefore adopt the factual
findings of the lower court and the Court of Appeals and rule
that the grant of respondents demurrer to evidence was
proper under the circumstances obtaining in the case at bar.
Same; Same; Demurrer to Evidence; A demurrer to evidence
is defined as an objection by one of the parties in an action,
to the effect that the evidence which his adversary produced
is insufficient in point of law, whether true or not, to make out
a case or sustain the issue.A demurrer to evidence is
defined as an objection by one of the parties in an action, to
the effect that the evidence which his adversary produced is
insufficient in point of law, whether true or not, to make out a

case or sustain the issue. We have also held that a demurrer

to evidence authorizes a judgment on the merits of the case
without the defendant having to submit evidence on his part,
as he would ordinarily have to do, if plaintiffs evidence shows
that he is not entitled to the relief sought. [Oropesa vs.
Oropesa, 671 SCRA 174(2012)]
VOLUNTARY RECOGNITION OF CHILDREN
Agustin vs. Court of Appeals
is that in partition suits and distribution proceedings the other
persons who might take by inheritance are before the court;
and the declaration of heirship is appropriate to such
proceedings.
Civil Law; Family Code; Filiation; Paternity; DNA Testing;
Parentage will still be resolved using conventional methods
unless we adopt the modern and scientific ways available;
fortunately, we have now the facility and expertise in using
DNA test for identification and parentage testing.Parentage
will still be resolved using conventional methods unless we
adopt the modern and scientific ways available. Fortunately,
we have now the facility and expertise in using DNA test for
identification and parentage testing. The University of the
Philippines Natural Science Research Institute (UP-NSRI) DNA
Analysis Laboratory has now the capability to conduct DNA
typing using short tandem repeat (STR) analysis. The analysis
is based on the fact that the DNA of a child/person has two (2)
copies, one copy from the mother and the other from the
father. The DNA from the mother, the alleged father and child
are analyzed to establish parentage. Of course, being a novel
scientific technique, the use of DNA test as evidence is still
open to challenge. Eventually, as the appropriate case comes,
courts should not hesitate to rule on the admissibility of DNA
evidence. For it was said, that courts should apply the results
of science when competently obtained in aid of situations
presented, since to reject said result is to deny progress.
Actions; Pleadings and Practice; Appeals; Certiorari; Grave
Abuse of Discretion; Where the power is exercised in an
arbitrary manner by reason of passion, prejudice, or personal
hostility, and it must be so patent or gross as to amount to an
evasion of a positive duty or to a virtual refusal to perform the
duty enjoined or to act at all in contemplation of law.Grave
abuse of discretion implies such capricious and whimsical
exercise of judgment as is equivalent to lack of jurisdiction or,
in other words, where the power is exercised in an arbitrary
manner by reason of passion, prejudice, or personal hostility,
and it must be so patent or gross as to amount to an evasion
of a positive duty or to a virtual refusal to perform the duty
enjoined or to act at all in contemplation of law. The special
civil action for certiorari is a remedy designed for the
correction of errors of jurisdiction and not errors of judgment.
The raison detre for the rule is when a court exercises its
jurisdiction, an error committed while so engaged does not
deprive it of the jurisdiction being exercised when the error is
committed. If it did, every error committed by a court would
deprive it of its jurisdiction and every erroneous judgment
would be a void judgment. In such a scenario, the
administration of justice would not survive. Hence, where the
issue or question involved affects the wisdom or legal
soundness of the decisionnot the jurisdiction of the court to
render said decisionthe same is beyond the province of a
special civil action for certiorari. The proper recourse of the
aggrieved party from a decision of the CA is a petition for
review on certiorari under Rule 45 of the Revised Rules of
Court. On the other hand, if the error subject of the recourse is
one of jurisdiction, or the act complained of was perpetrated
by a quasi-judicial officer or agency with grave abuse of
discretion amounting to lack or excess of jurisdiction, the
proper remedy available to the aggrieved party is a petition

for certiorari under Rule 65 of the said Rules. [Agustin vs.

Court of Appeals, 460 SCRA 315(2005)]
ADOPTION
DIWATA RAMOS LANDINGIN, petitioner, vs. REPUBLIC OF THE
PHILIPPINES, respondent.
Adoption; The general requirement of consent and notice to
the natural parents is intended to protect the natural parental
relationship from unwarranted interference by interlopers, and
to insure the opportunity to safeguard the best interests of the
child in the manner of the proposed adoption.The general
requirement of consent and notice to the natural parents is
intended to protect the natural parental relationship from
unwarranted interference by interlopers, and to insure the
opportunity to safeguard the best interests of the child in the
manner of the proposed adoption.
Same; The written consent of the biological parents is
indispensable for the validity of a decree of adoption.The
written consent of the biological parents is indispensable for
the validity of a decree of adoption. Indeed, the natural right
of a parent to his child requires that his consent must be
obtained before his parental rights and duties may be
terminated and re-established in adoptive parents. In this
case, petitioner failed to submit the written consent of Amelia
Ramos to the adoption.
Same; Section 9 of R.A. 8552 provides that if the written
consent of the biological parents cannot be obtained, the
written consent of the legal guardian of the minors will suffice.
Petitioners contention must be rejected. When she filed her
petition with the trial court, Rep. Act No. 8552 was already in
effect. Section 9 thereof provides that if the written consent of
the biological parents cannot be obtained, the written consent
of the legal guardian of the minors will suffice. If, as claimed
by petitioner, that the biological mother of the minors had
indeed abandoned them, she should, thus have adduced the
written consent of their legal guardian.
Same; Words and Phrases; Abandonment means neglect and
refusal to perform the filial and legal obligations of love and
support.
Landingin vs. Republic
probative weight. Mere identification of documents and the
markings thereof as exhibits do not confer any evidentiary
weight on documents unless formally offered.
Same; Since the primary consideration in adoption is the best
interest of the child, it follows that the financial capacity of
prospective parents should also be carefully evaluated and
considered.Since the primary consideration in adoption is
the best interest of the child, it follows that the financial
capacity of prospective parents should also be carefully
evaluated and considered. Certainly, the adopter should be in
a position to support the would-be adopted child or children,
in keeping with the means of the family. [Landingin vs.
Republic, 493 SCRA 415(2006)]
FAMILY HOME
VILMA G. ARRIOLA and ANTHONY RONALD G. ARRIOLA,
petitioners, vs. JOHN NABOR C. ARRIOLA, respondent.
Civil Procedure; Contempt; Requirements for Initiating an
Indirect Contempt Proceeding; Filing of a verified petition that
has complied with the requirements for the filing of initiatory
pleading, is mandatory.Under the aforecited second
paragraph of the Rules, the requirements for initiating an
indirect contempt proceeding are a) that it be initiated by way
of a verified petition and b) that it should fully comply with the

requirements for filing initiatory pleadings for civil actions. In

Regalado v. Go, 514 SCRA 616 (2007), we held: As explained
by Justice Florenz Regalado, the filing of a verified petition
that has complied with the requirements for the filing of
initiatory pleading, is mandatory x x x.
Civil Law; Family Code; Family Home; One significant
innovation introduced by The Family Code is the automatic
constitution of the family home from the time of its
occupation as a family residence without need anymore for
the judicial or extrajudicial processes provided under the
defunct Articles 224 to 251 of the Civil Code and Rule 106 of
the Rules of Court.One significant innovation introduced by
The Family Code is the automatic constitution of the family
home from the time of its occupation as a family residence,
without need anymore for the judicial or extrajudicial
processes provided under the defunct Articles 224 to 251 of
the Civil Code and Rule 106 of the Rules of Court.
Furthermore, Articles 152 and 153 specifically extend the
scope of the family home not just to the dwelling structure in
which the family resides but also to the lot on which it stands.
Thus, applying these concepts, the subject house as well as
the specific portion of the subject land on which it stands are
deemed constituted as a family home by the deceased and
petitioner Vilma from the moment they began occupying the
same as a family residence 20 years back.
Same; Same; Same; It being settled that the subject house
(and the subject lot on which it stands) is the family home of
the deceased and his heirs, the same is shielded from
immediate partition under Article 159 of The Family Code.It
being settled that the subject house (and the subject lot on
which it stands) is the family home of the deceased and his
heirs, the same is shielded from immediate partition under
Article 159 of The Family Code, viz.: Article 159. The family
home shall continue despite the death of one or both spouses
or of the unmarried head of the family for a period of ten
years or for as long as there is a minor beneficiary, and the
heirs cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply regardless of
whoever owns the property or constituted the family home.
(Emphasis supplied.) The purpose of Article 159 is to avert the
disintegration of the family unit following the death of its
head. To this end, it preserves the family home as the physical
symbol of family love, security and unity by imposing the
following restrictions on its partition: first, that the heirs
cannot extra-judicially partition it for a period of 10 years from
the death of one or both spouses or of the unmarried head of
the family, or for a longer period, if there is still a minor
beneficiary residing therein; and second, that the heirs cannot
judicially partition it during the aforesaid periods unless the
court finds compelling reasons therefor. No compelling reason
has been alleged by the parties; nor has the RTC found any
compelling reason to order the partition of the family home,
either by physical segregation or assignment to any of the
heirs or through auction sale as suggested by the parties.
Same; Same; Same; Article 159 imposes the proscription
against the immediate partition of the family home regardless
of its.Article 159 imposes the proscription against the
immediate partition of the family home regardless of its
ownership. This signifies that even if the family home has
passed by succession to the co-ownership of the heirs, or has
been willed to any one of them, this fact alone cannot
transform the family home into an ordinary property, much
less dispel the protection cast upon it by the law. The rights of
the individual co-owner or owner of the family home cannot
subjugate the rights granted under Article 159 to the
beneficiaries of the family home. [Arriola vs. Arriola, 542 SCRA
666(2008)]
HOSPITALITZAITON OF INSANE PERSON

CHIN AH Foo (alias CHAN Foo Woo) and YEE SHEE (alias YEE
Sui YENG), widow of Chin Ah Kim, petitioners, vs. PEDRO
CONCEPCION, Judge of First Instance of Manila, and LEE Voo,
respondents.
1.INSANE PERSONS; DISCHARGE FROM CUSTODY; RESPECTIVE
POWERS OF TRIAL JUDGE AND DIRECTOR OF HEALTH; PENAL
CODE, ARTICLE 8, AND ADMINISTRATIVE CODE, SECTION
1048, CONTRASTED AND CONSTRUED.The Director of
Health is without power to release without proper judicial
authority any person confined by order of the court in an
insane asylum pursuant to the provisions of article 8 of the
Penal Code.
2.ID.; ID.; ID.; ID.A Judge of First Instance, who has in effect
acquitted a man charged with murder on the plea of insanity,
and who has ordered the confinement of the insane person in
an asylum, is without power to permit the insane person to
leave the asylum without obtaining the opinion of the Director
of Health as to whether or not the person is temporarily or
permanently cured, or may be released without danger.
3.ID.; ID.; ID.; ID.Article 8 of the Penal Code has not been
impliedly repealed by section 1048 of the Administrative
Code. [Chin Ah Foo and Yee Shee vs. Concepcion and Lee Voo,
54 Phil. 775(1930)]
WRIT OF HABEAS DATA
The writ of habeas data is an independent and summary
remedy designed to protect the image, privacy, honor,
information, and freedom of information of an individual, and
to provide a forum to enforce ones right to the truth and to
informational privacy.The writ of habeas data is an
independent and summary remedy designed to protect the
image, privacy, honor, information, and freedom of
information of an individual, and to provide a forum to enforce
ones right to the truth and to informational privacy. It seeks
to protect a persons right to control information regarding
oneself, particularly in instances in which such information is
being collected through unlawful means in order to achieve
unlawful ends. It must be emphasized that in order for the
privilege of the writ to be granted, there must exist a nexus
between the right to privacy on the one hand, and the right to
life, liberty or security on the other. [Gamboa vs. Chan, 677
SCRA 385(2012)]
WRIT OF AMPARO
The petition for a writ of amparo is a remedy available to any
person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced
disappearances or threats thereof. (Section 1)
A petition for a writ of Amparo may be filed either in the
Regional Trial Court of the place where the threat, act or
omission was committed or any of its elements occurred, or
with the Sandiganbayan, the Court of Appeals, the Supreme
Court, or any justice of such courts. The writ shall be
enforceable anywhere in the Philippines. [The Writ of Amaparo
-Its Coverage, Function and Rationale, 605 SCRA 642(2009)]
RA 10172
SECTION 1. Authority to Correct Clerical or Typographical
Error and Change of First Name or Nickname. No entry in a
civil register shall be changed or corrected without a judicial
order, except for clerical or typographical errors and change
of first name or nickname, the day and month in the date of
birth or sex of a person where it is patently clear that there
was a clerical or typographical error or mistake in the entry,

which can be corrected or changed by the concerned city or

municipal civil registrar or consul general in accordance with
the provisions of this Act and its implementing rules and
regulations. SEC. 2. Section 2, paragraph (3) of the Act is
likewise amended to read as follows: SEC. 2. Definition of
Terms. As used in this Act, the following terms shall mean:
(1) xxx xxx (2) xxx xxx (3) Clerical or typographical error
refers to a mistake committed in the performance of clerical
work in writing, copying, transcribing or typing an entry in the
civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth, mistake in the
entry of day and month in the date of birth or the sex of the
person or the like, which is visible to the eyes or obvious to
the understanding, and can be corrected or changed only by
reference to other existing record or records: Provided,
however, That no correction must involve the change of
nationality, age, or status of the petitioner. EC. 3. Section 5
of the Act is hereby amended to read as follows: SEC. 5. Form
and Contents of the Petition. The petition for correction of a
clerical or typographical error, or for change of first name or
nickname, as the case may be, shall be in the form of an
affidavit, subscribed and sworn to before any person
authorized by law to administer oaths. The affidavit shall set
forth facts necessary to establish the merits of the petition
and shall show affirmatively that the petitioner is competent
to testify to the matters stated. The petitioner shall state the
particular erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made. The petition
shall be supported with the following documents: (1) A
certified true machine copy of the certificate or of the page of
the registry book containing the entry or entries sought to be
corrected or changed; (2) At least two (2) public or private
documents showing the correct entry or entries upon which
the correction or change shall be based; and (3) Other
documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and
necessary for the approval of the petition. No petition for
correction of erroneous entry concerning the date of birth or
the sex of a person shall be entertained except if the petition
is accompanied by earliest school record or earliest school
documents such as, but not limited to, medical records,
baptismal certificate and other documents issued by religious
authorities; nor shall any entry involving change of gender
corrected except if the petition is accompanied by a
certification issued by an accredited government physician
attesting to the fact that the petitioner has not undergone sex
change or sex transplant. The petition for change of first
name or nickname, or for correction of erroneous entry
concerning the day and month in the date of birth or the sex
of a person, as the case may be, shall be published at least
once a week for two (2) consecutive weeks in a newspaper of
general circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcements, agencies
that he has no pending case or no criminal record. The
petition and its supporting papers shall be filed in three (3)
copies to be distributed as follows: first copy to the concerned
city or municipal civil registrar, or the consul general; second
copy to the Office of the Civil Registrar General; and third
copy to the petitioner.