LECTURE

in
SPECIAL PROCEEDINGS

JUDGE GENER M. GITO, D.C.L.

 Rule 92 to 97
GUARDIANSHIP
 Concept
•It is a trust relation in which one
person called a “guardian” acts
for another called “ward” whom
the law regards as incapable of
managing his own affairs.
 Purpose
•To safeguard the rights and
interests of minor and
incompetent persons such as
the Courts should be vigilant to
see that the rights of such
persons are properly protected.
Kinds of Guardian

Legal guardian
Guardian ad litem
Judicial Guardian
Rules Governing Guardianship

Incompetents
• Rules of Court, Rule
92 to Rule 97

• A.M. No. 03-02-05-SC,

Minors May 1, 2003 – Rule on
Guardianship of Minor
 Guardianship of Incompetents
• Who are incompetents?
• Persons suffering the penalty of civil interdiction
• 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
• 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 (Sec. 2, Rule 92)
Venue and Jurisdiction Sec. 1, Rule 92

Regional Trial Court of the place

where the wards resides.

Where the ward is NOT A RESIDENT

of the Philippines, the RTC of the
place where his property is situated.
 Appointment of Guardian
• Who may petition for appointment of guardian for
resident?
• 1. Any relative, friend, or other person on behalf of a
resident minor or incompetent who has no parent or lawful
guardian, 2. or the minor himself if fourteen years of
age or over, may petition the court having jurisdiction for
the appointment of a general guardian for the person or
estate, or both, of such minor or incompetent. 3. An officer
of the Federal Administration of the United States in
the Philippines may also file a petition in favor of a ward
thereof, and the 4. Director of Health, in favor of an
insane person who should be hospitalized, or in favor of an
isolated leper. (Sec. 1, Rule 93)
 Appointment of Guardian
• Who may petition for appointment of guardian for non-
resident?
• 1. Any relative or 2. friend of such person, or 3. any
one interested in his estate, in expectancy or
otherwise, may petition a court having jurisdiction for the
appointment of a guardian for the estate, and if, after
notice given to such person and in such manner as the
court deems proper, by publication or otherwise, and
hearing, the court is satisfied that such non-resident is a
minor or incompetent rendering a guardian necessary or
convenient, it may appoint a guardian for such estate.
(Sec. 6, Rule 93)
 Contents of the Petition
• 1. Jurisdictional facts
• 2. Fact of incompetency
• 3. Names, ages and residences of the relatives of
incompetents, or person having the care of
incompetent
• 4. Probable value or character his estate
• 5. Name of the person for whom letter of
guardianship are prayed for
• Sec. 2, Rule 93
 Procedure
• 1. Court shall set time for hearing and will issue
notice. (Sec. 3, Rule 93)

• 2. Interested party may file an opposition (Sec. 4)

• 3. Hearing on the merits (Sec. 5)

• 4. Issuance of letters guardianship. (Sec. 5)

 Bond of Guardian
• 1. Bond to be given before the letters of
guardianship is issued (Sec. 1, Rule 94)
• 2. Bond is subject to the following
conditions:
• To make and return inventory of property
within three (3) months
• To faithfully execute the duties of his trust
• To render true and just account
 Selling and Encumbering the
Property of the Ward
• The property of the ward can only be sold
or encumbered upon petition to be filed by
the guardian in the Court which issued
letters of guardianship.
• The sale or encumbrance must be for the
benefit of the ward which benefit must be
shown to the Court (Sec. 1, Rule 95)
 Procedure
• A Petition should be filed by the guardian (Sec. 1,
Rule 95)
• Court shall issue an order directing the next of kin
of the ward, or all person interested in the state of
the ward to appear on the day and time set by the
Court (Sec. 2, Rule 95)
• The petitioner and next of kin or any other
interested person will be heard (Sec. 3, Rule 95)
• The Court will either grant or deny the petition
(Sec. 4, Rule 95)
Powers and Duties of Guardians
• Basic obligation of the guardian is to have care and
custody of the person of his ward, and the
management of his estate. (Sec. 1, Rule 96)
• Pay the debts of the ward (Sec. 2, Rule 96)
• Settle accounts, collect debts, and prosecute and
defend suit for the ward (Sec. 3, Rule 96)
• To manage the estate frugally (Sec. 4, Rule 96)
• To make inventory and accounting (Sec. 6, Rule
96)
 Termination of Guardianship
• When the person is no longer incompetent (Sec. 1,
Rule 97)
• When the guardian is removed or resigned (Sec. 2,
Rule 97)
• Grounds for removal:
• Insanity
• Incapable of discharging his trust or unsuitable
therefore
• Mismanagement
 Guardianship of Minor
(A.M. 03-02-05-SC)
• The Rule is applicable to petitioner for guardianship of
the person or property of the minor (Sec. 1)
• Parents are the legal guardians of the minor without
necessity of court appointment (Sec. 1)
• But: they have to file bond in accordance with Sec. 16.
• Vancil vs. Belmes, June 19, 2001
• Who between the mother and paternal grandmother
should be the guardian of the minor?
• It is the mother pursuant to Article 211 of the FC
 Who may file the Petition?
• 1. Relative
• 2. Other person on behalf of the minor
• 3. Minor, himself, if fourteen (14) years or
over.
• 4. DSWD or DOH for insane minor who needs
to be hospitalized.
• Section 2.
 Venue and Jurisdiction
• Family Court of the province or city where the
minor resides
• If the minor resides in foreign country, in the Family
Court of the province or city where his property is
located.
• Section 3.
 Grounds
• 1. Death, continued absence, or incapacity of his
parents;
• 2. Suspension, deprivation or termination of
parental authority;
• 3. Remarriage of his surviving parent, if the latter
is found unsuitable to exercise parental
authority; or
• 4. When the best interests of the minor so
require.
 Grounds
• 1. Death, continued absence, or incapacity of his
parents;
• 2. Suspension, deprivation or termination of
parental authority;
• 3. Remarriage of his surviving parent, if the latter
is found unsuitable to exercise parental
authority; or
• 4. When the best interests of the minor so
require. (Section 4)
 Qualifications
• 1. Moral character;
• 2. Physical, mental and psychological condition;
• 3. Financial status;
• 4. Relationship of trust with the minor;
• 5. Availability to exercise the powers and duties
of a guardian for the full period of the
guardianship;
• 6. Lack of conflict of interest with the minor; and
• 7. Ability to manage the property of the minor.
(Section 5)
 Who may be appointed in the absence of
parents or court appointed guardian

• 1. Surviving grandparents;
• 2. Oldest brother or sister of minor over 21 years
old;
• 3. Actual custodian of minor over 21 years old;
• 4. Relationship of trust with the minor;
• 5. Any other person in sound discretion of the
court taking into account the best interest of
the child (Section 6)
 Procedure
• Filing of Petition (Sec. 7)
• Setting of time and notice of hearing through the Court’s
Order (Sec. 8)
• Order case study Report (Sec. 9)
• Opposition to petition (Sec 10)
• Hearing of Petition and Opposition (Sec. 11)
• Filing of bond (Sec. 14)
• Decision (Sec. 11)
• Final Decision shall be sent to LCR and RD (Sec. 13)
• If non-resident, petition may be filed with any relative or
friend or any person interested in the estate (Sec. 12)
 Grounds for Removal
• Guardian became insane
• Incapable of discharging his trust
• Unsuitable to discharge his trust
• Mismanaged the property
• Failed to render an account (Section 24)
 Grounds for Termination
• Ward is of legal age already

• Death of the ward

• Motu propio or verified motion

• (Section 24)
ADOPTION
 Concept of Adoption
• The process of making a child, whether related or
not to the adopted, possess in general, the rights
accorded to a legitimate child.
• It is a juridical act, a proceeding in rem which
creates between two persons a relationship similar
to that which results from legitimate paternity and
filiation.
• It is also an acts which endows the child with a
legitimate status. (In the matter of the adoption
of Stephanie Nathy Astorga Garcia, March 26,
2005)
 Concept of Adoption
• The relationship established by the adoption is
limited to the adopting parent, and does not extend
to his other relatives, except as expressly provided
by law.
• Thus, the adopted child cannot be considered as a
relative of the ascendants and collateral of the
adopting parents, nor the legitimate children which
they may have after the adoption.
• Teotico vs. Del Val, G.R. No. L-18753, March 6,
1965.
 Nature of Adoption
• In an adoption which involves the status of the
person, there is no particular defendant to speak of
since the action is an action in rem. In such a case,
jurisprudence over the person of the defendant is a
non-essential condition for the taking of deposition
for the jurisdiction of the court is based on its
power over the res, to render judgment over the
thing so as to bar indifferently all who might be
minded to make an objection against the right so
established. (Republic vs. Elepano, October 15,
1991)
 Purpose of Adoption
• The adoption is for the benefit of the child to be
adopted, not so much on the adopter.
• Under the law now in force, having legitimate,
legitimated, acknowledged natural child or children
by legal fiction is no longer a ground for
disqualification to adopt.
 Status of Rules 99 and 100
• It is already amended by A.M. No. 02-6-02-SC.
• It took effect on May 1, 2002. It covers both
domestic and inter-country adoption.
• The rule on adoption authorizes the inclusion, in
the petition for adoption, a petition for change of
name or rectification of simulated birth, in which
case, the requirement of Rule 108 should be
complied with.
 Rule on Adoption
(A.M. No. 02-6-02-SC)
• The paramount consideration in all matters relating
to the care, custody and adoption of the child is the
best interest of the child.
• Section 2,
 Filipino who may adopt
• Filipino citizen psychologically capable
• Of legal age of caring for children
• In possession of full • At least 16 years older
legal capacity and legal than the adoptee
rights • In position to support
• Of good moral character and care for his children
• Not convicted of crime in keeping with the
involving moral means of the family.
turpitude • Section 4(2).
• Emotionally and
 Exception to 16 years older
requirement

When the adopter is the

biological parent of the
adoptee or is the spouse
of the adoptee’s parent.
 Alien who may adopt
• Same qualification as Filipino
• Alien’s country has diplomatic relation with the
Philippines
• Living continuously in the Philippines for three (3)
years prior to the filing of petition
• Maintain residence until the decree is entered
• Legal capacity to adopt in his country
• His country allows the adoptee to enter his country.
• Section 4(2).
Exception on residency and
certification requirement
• Former Filipino citizens who seeks to adopt a
relative within the 4th civil degree
• One who seeks to adopt the legitimate child of his
Filipino spouse
• One who is married to a Filipino and seeks to
adopt jointly with his spouse a relative 4th degree of
the Filipino spouse.
• Section 4(2).
Gen. Rule: Spouses jointly adopt:
Exceptions:
• If one spouse seeks to adopt the legitimate
child of one spouse by the other spouse; or
• If one spouse seeks to adopt his own
illegitimate child: Provided, however, That the
other spouse has signified his consent thereto;
or
• If the spouses are legally separated from each
other
• Section 4(3).
 In re: Petition for Adoption of
Michelle P. Lim, May 21, 2009
• Monina is married to Primo. They were childless.
Two children of unknown parents were given to
them. They had the two children registered with
OCR with them as their parents. Thus, the two
children were using their surnames as their
surnames in all transactions involving them.
Primo died and Monina remarried. Monina
decided to adopt the two children who were all of
age. The husband of Monina consented and the
two children likewise consented.
 In re: Petition for Adoption of
Michelle P. Lim, May 21, 2009
• Should the Petition be granted?
• NO.
• Under the law, husband and wife shall jointly
adopt. At the time of the filing of adoption,
Monina has already remarried. Thus, her
husband should be co-petitioner in the Petition
for adoption. The case of Monina does not fall
within the exeption.
 Who may be adopted?
(Section 5)
• 1. Any person below eighteen (18) years of age who has
been voluntarily committed to the Department under
Articles 154, 155 and 156 of P.D. No. 603 or judicially
declared available for adoption;
• 2. The legitimate child of one spouse, by the other
spouse;
• 3. An illegitimate child, by a qualified adopter to raise
the status of the former to that of legitimacy;
• 4. A person of legal age regardless of civil status, if,
prior to the adoption, said person has been
consistently considered and treated by the adopters
as their own child since minority;
 Who may be adopted?
(Section 5)
• 5. A child whose adoption has been previously
rescinded;
• 6. A child whose biological or adoptive parents have
died: Provided, That no proceedings shall be
initiated within six (6) months from the time of death
of said parents.
• 7. A child not otherwise disqualified by law or these
rules.
 Venue
(Section 6)

• The petition for adoption shall be filed with

the Family Court of the province or city
where the prospective adoptive parents
reside.
 Contents of Petition
(Section 7)

• The petition shall be verified and

specifically state at the heading of the
initiatory pleading whether the petition
contains an application for change of
name, rectification of simulated birth,
voluntary or involuntary commitment of
children, or declaration of child as
abandoned, dependent or neglected.
 Contents of Petition
(Filipino adopter)

• 1. Jurisdictional facts
• 2. That the petitioner is of legal age, in possession of
full civil capacity and legal rights; is of good moral
character; has not been convicted of any crime
involving moral turpitude; is emotionally and
psychologically capable of caring for children; is at
least sixteen (16) years older than the adoptee,
unless the adopter is the biological parent of the
adoptee or is the spouse of the adoptee's parent;
and is in a position to support and care for his
children in keeping with the means of the family
and has undergone pre-adoption services as
required by Section 4 of Republic Act No. 8552.
 Contents of Petition
(Alien adopter)

• 1. Jurisdictional facts
• 2. Qualification of adopter (Sec. 7[b])
• 3. Diplomatic relations
• 4. Certification of capacity to adopt and
for adoptee to enter country
• 5. Residency requirement of 3 years,
subject of exemption
 Contents of Petition
(Legal Guardian)

• In addition to the jurisdictional facts and

qualifications of adopter, the fact of
termination of guardianship shall be
alleged and that the adopter has been
cleared of his responsibilities as such.
 Contents of Petition
• If the adopter is married, the spouse shall
be a co-petitioner for joint adoption except
if:
• A. One spouse seeks to adopt the
legitimate child of the other, or
• B. If one spouse seeks to adopt his own
illegitimate child and the other spouse
signified written consent thereto, or
• C. If the spouses are legally separated
from each other.
 Contents of Petition

• If the adoptee is a foundling, the petition shall

allege the entries which should appear in his birth
certificate, such as name of child, date of birth,
place of birth, if known; sex, name and
citizenship of adoptive mother and father, and the
date and place of their marriage.
• If the petition prays for a change of name, it shall
also state the cause or reason for the change of
name.
 Contents of Petition
• In all petitions, it shall be alleged:
• a) The first name, surname or names, age and
residence of the adoptee as shown by his
record of birth, baptismal or foundling
certificate and school records.
• b) That the adoptee is not disqualified by law to
be adopted.
• c) The probable value and character of the
estate of the adoptee.
• d) The first name, surname or names by which
the adoptee is to be known and registered in
the Civil Registry.
If the petition seeks rectification
of simulation of birth
• a) Petitioner is applying for rectification of a
simulated birth;
• b) The simulation of birth was made prior to the
date of effectivity of Republic Act No. 8552 and
the application for rectification of the birth
registration and the petition for adoption were
filed within five years from said date;
• c) The petitioner made the simulation of birth for
the best interests of the adoptee; and
• d) The adoptee has been consistently considered
and treated by petitioner as his own child. (Section
8)
 If the petition seeks adoption of
foundling, abandoned, neglected child
• a) The facts showing that the child is a foundling,
abandoned, dependent or neglected;
• b) The names of the parents, if known, and their
residence. If the child has no known or living
parents, then the name and residence of the
guardian, if any;
• c) The name of the duly licensed child-placement
agency or individual under whose care the child is
in custody; and
• d) That the Department, child-placement or child-
caring agency is authorized to give its consent.
(Section 9)
If the petition is accompanied with a
change of name

• a) The registered name of the child;

• b) Aliases or other names by which the child
has been known; and
• c) The full name by which the child is to be
known. (Section 10)
 Annexes to Petition
(Section 11)

• Birth, baptismal or foundling certificate, as the case may

be, and school records showing the name, age and
residence of the adoptee;
• Affidavit of consent;
• Child study report on the adoptee and his biological
parents;
• If the petitioner is an alien, certification by his diplomatic
or consular office or any appropriate government agency
that he has the legal capacity to adopt in his country and
that his government allows the adoptee to enter his
country as his own adopted child unless exempted
under Section 4(2);
 Annexes to Petition
(Section 11)

• Home study report on the adopters. If the

adopter is an alien or residing abroad but
qualified to adopt, the home study report by a
foreign adoption agency duly accredited by the
Inter-Country Adoption Board;
• Decree of annulment, nullity or legal separation
of the adopter as well as that of the biological
parents of the adoptee, if any.
 Annexes to Petition
(Section 11)

• Home study report on the adopters. If the

adopter is an alien or residing abroad but
qualified to adopt, the home study report by a
foreign adoption agency duly accredited by the
Inter-Country Adoption Board;
• Decree of annulment, nullity or legal separation
of the adopter as well as that of the biological
parents of the adoptee, if any.
 Procedure
• Filing of Petition
• Order of Hearing (Sec. 12)
• Date and place of hearing which shall be six (6) months from the
issuance of order.
• Publication of the order once a week for three weeks.
• If with change of name, not within four (4) months after the last
publication or within 30 days from publication.
• Order to social worker to submit child and home study and conduct
counseling session
• If with change of change of name, notice to OSG is mandatory, if not,
through prosecutor, DSWD and biological parent.
• Hearing (Sec. 14)
• Supervised trial custody (Sec. 15)
• Decree of adoption (Sec. 16)
 Whose consent is needed?
• 1. The adoptee, if ten (10) years of age or over;
• 2. The biological parents of the child, if known, or
the legal guardian, or the child-placement agency,
child-caring agency, or the proper government
instrumentality which has legal custody of the child;
• 3. The legitimate and adopted children of the adopter
and of the adoptee, if any, who are ten (10) years of
age or over;
• 4. The illegitimate children of the adopter living with
him who are ten (10) years of age or over; and
• 5. The spouse, if any, of the adopter or adoptee.
 Materiality of Consent
• Written consent of biological parent is indispensable to
the validity of the decree of adoption.
• But, if the child is abandoned, written consent of the
biological parents are not needed, even if they are
known (Cang vs. Court of Appeals, September 25,
1998)
• Where a spouses seeks to adopt his or her own
illegitimate child, joint adoption is not necessary. But, a
spouse seeking to adopt his illegitimate child must fist
obtain consent of his or her spouse, even if they are
separated (Castro vs. Gregorio, October 15, 2014)
 Hearing
• SECTION 14. Hearing. — Upon satisfactory proof that the
order of hearing has been published and jurisdictional
requirements have been complied with, the court shall
proceed to hear the petition. The petitioner and the adoptee
must personally appear and the former must testify before
the presiding judge of the court on the date set for hearing.

• The court shall verify from the social worker and determine
whether the biological parent has been properly counseled
against making hasty decisions caused by strain or anxiety to
give up the child; ensure that all measures to strengthen the
family have been exhausted; and ascertain if any prolonged
stay of the child in his own home will be inimical to his
welfare and interest.
Flowchart of Domestic Adoption
Filing of Social
Decree of
Petition for worker’s
Adoption
adoption report

Issuance of
Order of Supervised
certificate of
Hearing Trial Custody
finality

Submission of
Publication decree of
of Order of Hearing adoption and
Hearing certificate of
finality to OCR

Preparation and Social worker shall

submission of verify with OCR the
real identity of the
Action of
child and home
study reports
adoptee, and child
may be adopted
OCR
 Effects of Adoption
Sever legal ties between the adopted and his or her biological
parents, except if the adopter is the biological parent of the
adopted;
Adoptee is the legitimate child of the adopter;

Giving the adoptee the rights and obligation arising from the
relationship of parent and child;

The adopting parents shall, with respect to the adopted child,

enjoy all the benefits to which biological parents are entitled
such as support and successional rights
 Can the adopted child use the
surname of his biological mother,
as his middle name?
• YES
• There is no law regulating the use of middle name.
Even Article 176 of the Family Code, as amended by
R.A. No. 9255, otherwise known as “An Act Allowing
Illegitimate Children to Use the Surname of Their
Father,” is silent as to what middle name a child may
use
• In the Matter of the Adoption of Stephanie Nathy
Astorga Garcia, March 31, 2005
Rescission of Adoption
(Section 19)

• Adopted who is 18 years

Who or above
• Minor adopted child with
may the assistance of DSWD
• Legal guardian or counsel
file? if the adopted is over 18
and incapacitated
May the adopter rescind the
decree of adoption?
NO. Adoption, being in the best interests
of the child, shall not be subject to
rescission by the adopter. However, the
adopter may disinherit the adoptee for
causes provided in Article 919 of the
Civil Code. (Section 19).
Lahom vs. Sibulo, July 14, 2003
Section 19
Grounds

Repeated physical and verbal maltreatment by the

adopter despite having undergone counseling

Section 19
Attempt on the life of the adoptee

Sexual assault or violence

Abandonment or failure to comply with parental

obligations
 Venue

SECTION 20. Venue

The petition shall be filed
with the Family Court of the
city or province where the
adoptee resides.
 Time to file Petition

SECTION 21. Time within which to file petition

The adoptee, if incapacitated, must file the petition

for rescission or revocation of adoption within five
(5) years after he reaches the age of majority, or if
he was incompetent at the time of the adoption,
within five (5) years after recovery from such
incompetency.
 Order to Answer

SECTION 22. Order to Answer

The court shall issue an order requiring the

adverse party to answer the petition within
fifteen (15) days from receipt of a copy
thereof. The order and copy of the petition
shall be served on the adverse party in such
manner as the court may direct.
 Rule 105

JUDICIAL APPROVAL OF
VOLUNTARY RECOGNITION
OF MINOR NATURAL CHILD
 Application of Rule 105
• There are voluntary recognitions which need no
judicial approval. This is provided in Article 172
of the Family Code. These are recognition
made in any of the following:
• Record of birth
• Final Judgment
• Admission in public instrument
• Private hand written instrument signed by the
parent concerned
 Application of Rule 105
• Thus, Rule 105 is only applicable to those
voluntary recognition which is not covered by
Article 172.
• These are:
• Open and continuous possession of a legitimate
child
• Or any other means allowed by the Rules of Court
and special laws.
• Gono-Javier vs. Court of Appeals, December 29,
1994.
 Application of Rule 105
• Rule 105 presupposes that there is voluntary
recognition.
• When the child is not recognized, an action to claim
legitimacy (Art. 173, FC) or illegitimacy (Art. 175, FC)
is the proper remedy.
• In case of action to claim legitimacy it may be brought
by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
minority or in a state of insanity. In these cases, the
heirs shall have a period of five years within which to
institute the action. (Art. 173, FC)
 Application of Rule 105
• In an action to claim illegitimacy, it must be brought
within the same period specified in Article 173, except
when the action is based on the second paragraph of
Article 172, in which case the action may be brought
during the lifetime of the alleged parent (Art. 175,
FC).
• Uyguanco vs. Court of Appeals, October 26, 1989
• If the ground to establish a filiation 1) continuous
possession of illegitimacy; 2) other means allowed by
the Rules of Court or Special Laws, it must be brought
within the lifetime of the alleged parent.
 Venue and Jurisdiction

• In the Family Court of the province or city

where the child resides.
• R.A. 8369, Section 5 (e) – “Petitions for
support and/or acknowledgment”
 Contents of Petition
(Section 2)
• a) The jurisdictional facts;
• b) The names and residences of the parents who
acknowledged the child, or of either of them, and
their compulsory heirs, and the person or persons
with whom the child lives;
• c) The fact that the recognition made by the parent
or parents took place in a statement before a court
of record or in an authentic writing, copy of the
statement or writing being attached to the petition.
Flowchart of Voluntary Recognition

Filing of Hearing Judgment

Petition (Sec. 3) (Sec. 5)

Order for Filing of

Hearing Opposition
(Sec. 2) (Sec. 4)
Service of
Serve Copies of Judgment to
Publication
Order to OCR
of the Order
Interested
Parties (Sec. 2)
 Rule 106

Constitution of Family Home

 Rule 106 is rendered
unnecessary by the Family Code
• Under Article 152 and 153 of the Family Code, a
family home is deemed constituted on a house and
lot from the time it is occupied as a family
residence. Indeed, there is no need to constitute
the same judicially or extra-judicially as required in
Civil Code. If the family actually resides in the
premises, it is, therefore, a family home
contemplated by law.
 Rule 102

Habeas Corpus
To what Habeas Corpus extends
All cases of illegal
confinement and Section 1
detention

Deprivation of liberty

Rightful custody of the

person is withheld from
the person entitled thereto
 Purpose
• The ultimate purpose of the writ of habeas corpus is to
relieve a person from unlawful restraint. The writ exists as a
speedy and effectual remedy to relieve a person from
unlawful restraint and as an effective defense of personal
freedom. (Adonis vs. Tesoro, June 5, 2013)
• Specifically, the writ is availed of to: 1) obtain immediate relief
from illegal confinement; 2) liberate those who may be
imprisoned without sufficient cause; 3) deliver from unlawful
custody. It is then essentially a writ of inquiry and is granted
to test the right under which a person is detained. (Velasco
vs. CA, July 7, 1995)