GR L 23074; (May, 1967) (Digest)
G.R. No. L-23074 May 24, 1967
POLICARPIO REAL, petitioner-appellant, vs. JESSIE TROUTHMAN, respondent-appellee.
FACTS
Policarpio Real, litigating as a pauper, filed a petition for habeas corpus against Jessie Trouthman on May 22, 1964. He alleged that on May 6, 1964, Trouthman, a married man, persuaded Real’s daughter, Lilian Real, by means of deceit, force, threats, intimidation, and misrepresentation, to elope and live with him without her parents’ knowledge and consent. Real claimed his daughter was detained by Trouthman and prevented from returning, in violation of Article 403 of the Civil Code. He prayed for a writ to produce his daughter, an order for her to return and live with him, plus damages, attorney’s fees, and costs. The lower court issued an order for Trouthman to produce Lilian Real. Trouthman complied and filed an answer, alleging Lilian went with him voluntarily and that at a police station, in her parents’ presence, she stated she left home voluntarily, leading the police to close the case. He attached Lilian’s affidavit attesting to her voluntary act. After hearing, the lower court found that Lilian Real attained the age of majority on May 16, 1964, and that Trouthman was not detaining or restraining her liberty nor preventing her from returning to her parents. It further found that Lilian herself manifested during trial and in a settlement conference that she joined Trouthman freely and voluntarily and was not willing to return to her parents. The lower court dismissed the petition, prompting this appeal.
ISSUE
Whether the petition for habeas corpus, based on an alleged violation of Article 403 of the Civil Code (which restricts a daughter above twenty-one but below twenty-three from leaving the parental home without parental consent), should be granted.
RULING
The Supreme Court dismissed the petition for habeas corpus on the ground that it had become moot and academic. The Court noted that Article 403 of the Civil Code applies only to a daughter above twenty-one but below twenty-three years of age. As of 1967, Lilian Real was already more than 24 years old and thus unquestionably beyond the coverage of Article 403. Therefore, no alternative remained but to order the dismissal. No costs were awarded.