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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A foundling named Nara is found at a bus terminal and is placed with private guardians Mia and Ren, who have custody but have not completed formal adoption. After 2 years, Nara’s biological father surfaces and seeks recovery of Nara under Republic Act No. 11767. Mia and Ren oppose, arguing that RA 11767 protects foundlings and guardianship. (a) Identify who may recover the foundling under RA 11767 and state the controlling rule. (b) If recovery is granted, explain the effect on Nara’s custody and on Mia and Ren’s guardianship status. (c) Outline the due process requirements and evidentiary standards applicable to a recovery proceeding under RA 11767.

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Recovery must be sought within six months of the guardian’s custody; failure to file within period bars recovery. The guardians may recover and, if successful, keep custody and guardianship pending further order; the parent’s right to recover does not apply unless the court approves. Biological parent or a legally appointed guardian may recover; upon recovery, custody reverts to the parent and the current guardians’ custody and guardianship over Nara terminate; due process requires notice, a hearing, and an opportunity to present evidence; the applicable standard of proof is preponderance of evidence. Best interests of the child are the sole standard, with no automatic return to the parent if the child has resided with guardians.

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