Title
Spouses Tijing vs. Court of Appeals
Case
G.R. No. 125901
Decision Date
Mar 8, 2001
A couple sought custody of their missing son through habeas corpus, claiming he was raised by another woman. The Supreme Court ruled in their favor, citing credible evidence of identity and parentage, ordering the child's return.
habeas corpus
custody
missing son
A

Case Summary (G.R. No. 125901)

Factual Background

The petitioners are parents of six children, the youngest being a son born April 27, 1989 at the clinic of midwife and registered nurse Lourdes Vasquez in Sta. Ana, Manila. Bienvenida R. Tijing worked as laundrywoman for Angelita Diamante. In August 1989, while petitioners were away, petitioner Bienvenida left the four-month old child under the care of Angelita Diamante. On her return, both Angelita and the child were gone. Bienvenida searched and sought help from barangay and police authorities without success. The petitioners reconciled and continued to search but found no trace of the child.

Discovery and Habeas Corpus Petition

In October 1993, petitioner Bienvenida read a tabloid report about the death of Tomas Lopez and went to Hagonoy, Bulacan. There she allegedly saw the child again and was told by Benjamin Lopez, brother of the late Tomas, that the child then bore the name John Thomas Lopez. Bienvenida demanded the return of the child, which Angelita refused. Petitioners filed a petition for habeas corpus in the Regional Trial Court to recover the child.

Trial Court Proceedings

At trial petitioners presented two witnesses. Lourdes Vasquez testified that she assisted in the delivery of one Edgardo Tijing, Jr. on April 27, 1989 at her clinic and produced clinical records. Benjamin Lopez testified that his brother Tomas was sterile due to an accident and that Tomas had admitted John Thomas was adopted. Angelita testified that she gave birth to John Thomas Lopez on April 27, 1989 at the clinic of midwife Zosima Panganiban in Singalong, Manila, and that the birth was registered by Tomas on August 4, 1989. Angelita further stated that she had two children with her legal husband, Angel Sanchez, and earlier had undergone ligation.

Trial Court Findings and Relief

The trial court found that Angelita Diamante and her common-law husband could not have children and that there was strong facial resemblance between petitioner Bienvenida and the child. The court concluded that Edgardo Tijing, Jr. and John Thomas Lopez were one and the same person and were the natural child of petitioners. It granted the petition for habeas corpus and ordered Angelita to release the minor to petitioners. The branch sheriff implemented the order on August 3, 1994, reporting that Angelita peacefully surrendered the minor and the sheriff turned the child over to petitioner Edgardo Tijing.

Appeal to the Court of Appeals

Angelita Diamante appealed. The Court of Appeals reversed the trial court. It expressed doubt on the propriety of the habeas corpus remedy in the circumstances and ruled that petitioners had not sufficiently proven maternity. The appellate court held that the lower court erred in declaring the two names to be the same person. It dismissed the petition and directed that custody of the minor be returned to Angelita.

Issues Presented to the Supreme Court

Petitioners raised two principal assignments of error: that the Court of Appeals erred in treating the petition as secondary to filiacion questions and in reversing the RTC which had found the minor to be petitioners' son; and that the Court of Appeals erred in directing return of custody to Angelita when the evidence proved the minor to be the same person as the petitioners' missing child.

Legal Standard on Habeas Corpus and Identity

The Supreme Court reiterated that the writ of habeas corpus extends to cases where rightful custody of any person is withheld from the person entitled thereto, citing Section 1, Rule 102, Rules of Court. The Court recognized that in custody cases involving minors the writ serves to determine the right of custody rather than merely to test illegal restraint. The Court further explained that identity is a relevant and material question in habeas corpus proceedings and that petitioners must convincingly establish that the minor for whom the writ is sought is the person over whom they claim custody. The Court noted it may scrutinize evidence where appellate conclusions contradict those of the trial court, citing precedent such as Sombong vs. CA and Acebedo Optical Inc. vs. CA.

Supreme Court’s Review of the Evidence

The Supreme Court examined the evidentiary record de novo to determine which findings should be preferred. It noted five factors that supported the trial court’s conclusion that the minor was petitioners’ son: (1) Angelita’s admission of prior ligation and the absence of evidence she bore children between 1978 and 1988; (2) testimony from Benjamin Lopez that Tomas was sterile and that Tomas and his legal wife had no children; (3) the late filing of the birth certificate by Tomas on August 4, 1989 instead of timely registration by the attending midwife as required by law under Section 4, Act No. 3753; (4) false entries in the birth certificate indicating a legal marriage between Tomas and Angelita which contradicted Angelita’s admission of being a common-law wife; and (5) the trial court’s observations of strong facial resemblance between the minor and petitioner Bienvenida.

Weight Given to Documentary and Testimonial Proof

The Supreme Court highlighted that Lourdes Vasquez testified to assisting in the delivery of Edgardo Tijing, Jr. and presented clinical records including a log book, discharge order, and signatures. The Court contrasted this with Angelita’s failure to present the midwife who allegedly assisted her delivery and absence of clinical records supporting her claim. The late registration

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