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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSV. SPECIAL PROCEEDINGS AND SPECIAL WRITSD. Habeas Corpus (Rule 102), Custody of Minors (A.M. No. 03-04-04-SC)

Question

V. SPECIAL PROCEEDINGS AND SPECIAL WRITS
D. Habeas Corpus (Rule 102), Custody of Minors (A.M. No. 03-04-04-SC)

1. Maria, a concerned relative, seeks your legal advice on how to secure the custody of her minor niece, Sofia. Sofia's parents, who are both drug addicts, have been neglecting her welfare and safety. Maria wants to ensure that Sofia is in a safe and stable environment. How can Maria legally obtain custody of Sofia under the existing laws and rules? Provide the necessary steps and legal requirements to support your answer.

2. John, a prisoner currently detained in a provincial jail, is seeking habeas corpus relief. He claims that his arrest and detention are illegal as there is no probable cause for his arrest and the warrant used was defective. As a lawyer, advise John on the appropriate steps to pursue his claim and seek his release. Discuss the procedural requirements and legal principles governing the remedy of habeas corpus.

3. Manuel, a father, suspects that his child, Miguel, has been abducted and is being held against his will by the child's mother, Teresa. Manuel wants to secure the immediate release and custody of their child. Given the scenario, what legal actions and remedies can Manuel undertake to regain custody of Miguel? Enumerate the available options and discuss the legal basis for each.




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