IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG KO

VINGSON YU, UDK No. 14817, January 13, 2014

FACTS: Shirly alleged that her 14-year old daughter, Shang Ko, ran away from home on
November 2, 2011. Shirly found out that the child was with one Jovy Cabcaban, but upon
investigation of the NBI, Shang Ko was later discovered to be with Arnel Pura Pura. Pura
insisted that Shang Ko was fine and in fact, she was attending school. This prompted Shirly
to file a petition for habeas corpus. During the trial, it was later found out that Shang Ko
didn’t want to return to her parents anymore due to abuse coming from her mother.

ISSUE: W/N the petition for Habeas Corpus must be allowed?

HELD: NO. When the State may intervene in rearing children - Under Section 1, Rule 102 of
the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal
confinement or detention by which any person is deprived of his liberty, but also in cases
involving the rightful custody over a minor. The general rule is that parents should have
custody over their minor children. But the State has the right to intervene where the
parents, rather than care for such children, treat them cruelly and abusively, impairing
their growth and well-being and leaving them emotional scars that they carry throughout
their lives unless they are liberated from such parents and property counseled.