POLICARPIO REAL, PETITIONER-APPELLANT, VS. JESSIE TROUTHMAN, RESPONDENT-APPELLEE.

Policarpio Real, litigating as a
pauper, filed on May 22, 1964 a
petition for habeas corpus in the Court of First Instance of Manila against
Jessie Trouthman alleging mainly that on May 6, 1964, the latter, a married man,
persuaded his daughter, Lilian Real, by means of
deceit, force, threats, intimidation and misrepresenta­tion, to elope and live with
him, without the knowledge and consent of her parents, and that she has since
then been detained by Trouthman and prevented from
returning to appellant in violation of Article 403 of the Civil Code.  Appellant thus prayed for the issuance of a
writ of habeas corpus ordering the production of his daughter before the court
and after hearing, that the latter issue an order directing her to “return
to and live with the petitioner” plus payment of damages and attorney’s
fees, with costs.

An order was issued for Trouthman to
appear before it and produce the said Lilian Real on
May 25, 1964.

Trouthman did so and, in compliance
with a verbal order of the court, also filed his answer on May 26, 1964, alleging that Lilian Real went voluntarily with him and that at the
Police station, she herself, in the presence of her parents, explained that she voluntarily
left home to go with him, thus causing the Police authorities to consider the
case closed.  Attached to the answer was Lilian’s affidavit attesting to her voluntary deed.

After hearing, the lower court found that Lilian
Real had attained the age of majority on May 16, 1964 and that respondent was not detaining her nor restraining her liberty or freedom nor
preventing her from returning to her parents; that in fact she herself
manifested, during the trial and afterwards – in the conference conducted for a
possible amicable settlement – that she joined respondent freely and
voluntarily and was not willing to go back to her parents.  In view of these, the lower court dismissed
the petition.  Hence,
this appeal.

Article 403 of the Civil Code provides:

“ART. 403.  Notwithstanding the provisions of the
preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave the parental home without
the con­sent of the father or mother in whose company she lives, except to
become a wife, or when she exercises a profession or calling, or when the
father or mother has contracted a subsequent marriage.” (Underscoring
supplied)

We are left with no other alternative but to order the dismissal, because as of now,
1967, Lilian Real is already more than 24 years of
age and hence is unquestion­ably beyond the coverage of Article 403.

WHEREFORE, the petition for habeas corpus is dis­missed on
the ground that the same has become moot and academic.  No costs.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal, Zaldivar, Sanchez, and Castro, JJ., concur.