G.R. No. 37785; August 1, 1932
CONSORCIA ORTIZ, petitioner, vs. GONZALO DEL VILLAR, respondent.

FACTS

Consorcia Ortiz, the sister of the deceased Emilia Ortiz, filed a petition for a writ of habeas corpus. Emilia Ortiz died, leaving three minor adulterine children fathered by the respondent, Gonzalo del Villar, a married man. After Emilia’s death, the children were initially in the care of Consorcia. However, upon learning of the death, del Villar took the children from Consorcia and brought them to Cebu.

ISSUE

Whether a writ of habeas corpus is proper to grant Consorcia Ortiz custody of the minor children.

RULING

No. The petition for habeas corpus is denied. The writ of habeas corpus lies only when a person is deprived of liberty or when someone is wrongfully prevented from exercising legal custody over another. Here, it was not alleged that the minors were deprived of their liberty. Furthermore, Consorcia, as the children’s aunt, has no legal right to custody by virtue of that relationship alone. In contrast, the respondent, as the adulterine father, has legal obligations to support and educate the children. In the absence of a person with a better right, he has a better claim to custody than the petitioner for the purpose of fulfilling those obligations.

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