Tijing vs.

Court of Appeals

354 SCRA 17, G.R. No. 125901 March 08, 2001

Facts:

Petitioners filed a petition for habeas corpus in order to recover their son from respondent and
presented witnesses to substantiate their petition. Respondent claimed on the other hand that
she is the natural mother of the child.

The trial court held in favor of the petitioners and granted the petition for habeas corpus. On
appeal, the CA reversed and set aside the decision rendered by the trial court. The appellate
court expressed its doubts on the propriety of the habeas corpus.

Issue: WON habeas corpus is the proper remedy to regain custody of a minor.

Ruling:

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.