SOCORRO SANCHEZ DE STRONG, PETITIONER AND APPELLEE, VS. WILLIAM BEISHIR, RESPONDENT AND APPELLANT.

This application for habeas corpus in favor of Rose and
Emma Strong, 11 and 10 years old, respectively, was filed by Socorro
Sanchez de Strong, their mother, against William Beishir.

On January 29, 1928, the applicant subscribed a document (Exhibit
1), in favor of the American Guardian Association, a charitable
institution organized in accordance with Act No. 3094, which reads as
follows:

“Feeling that the welfare of the said children will
be promoted by placing them under the guardianship of the American
Guardian Association, I do hereby voluntarily and unconditionally
surrender them to the care and custody of the American Guardian
Association in accordance with the provisions of Act No. 3094 of the
Philippine Legislature, and I pledge not to interfere with the custody
or management of said children in any way, or encourage or allow any
one else to do so, and I hereby expressly authorize and empower the
American Guardian Association to consent to the adoption of said
children, in the same manner and without notice to me as if I
personally gave such consent at time of adoption.”

The applicant alleges that she signed this document not. only
without being aware of its contents but after being misinformed of the
same. But the evidence does not sustain this allegation. Both the
notary public who certified it and the subscribing witnesses asserted
that the document was read to the applicant before she signed it, and
that she was correctly informed of its contents.

On July 12, 1928, the board of directors of the American Guardian
Association adopted the following resolution in regard to these two
minors:

“Resolved that the circumstances in the case of Rose and Emma
Strong, legal wards of the American Guardian Association, are such as
to justify recommendation on the part of this Board of Directors that
they be turned over to Mr. and Mrs. W. Beishir for purposes of legal
adoption, it being the belief of this Board that Mr. and Mrs, Beishir
are most desirable people to have the future care of these little girls
in their hands.”

Subsequently, Mr. and Mrs. Beishir applied to the proper court for
the adoption of these minors and the application is now pending.

In accordance with the facts stated, and with Act No. 3094, the
American Guardian Association legally assumed the care and custody of
these minors, who are at present under the legal care and custody of
the respondent, having been provisionally placed in his power for their
adoption.

By virtue of instrument Exhibit 1, the applicant’s rights as natural
mother of the minors ceased and passed to the American Guardian
Association. The reason alleged by the court below in its judgment for
holding that the rights and duties of the patria potestas cannot
be renounced, is incorrect. Both the Civil Code and the Code of Civil
Procedure in dealing with cases of adoption, and said Act No. 3094,
itself, authorize the renunciation of the patria potestas and the rights to the care and custody of infants, such renunciation being the basis for the purposes of said laws.

Wherefore, it is held that habeas corpus will not lie, and,
the minors having been placed in the applicant’s power, it is ordered
that they be restored to the care and custody of the respondent. So
ordered.

Johnson, Street, Villamor, Johns, Romualdez, and Villa-Real, JJ., concur.