Facts:
Spouses Tijing filed a petition for habeas corpus in order to recover their lost son from Angelita Diamante. They presented witnesses to substantiate their petition. Diamante, on the other hand, claimed that she is the natural mother of the child.
The trial court ruled in favor of Spouses Tijing and granted the petition for habeas corpus. On appeal, the Court of Appeals reversed the ruling. CA expressed its doubts on the propriety of the habeas corpus.
Issue:
Whether or not habeas corpus is the proper remedy
Held:
Yes. 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 any person is withheld from the person entitled thereto. The writ of habeas corpus is the proper legal remedy to enable parents to regain the custody of a minor child even if the latter be in the custody of a third person of his own free will. (Egardo Tijing and Bienvenida Tijing vs. Court of Appeals and Angelita Diamante, G.R. No. 125901, March 8, 2001)
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