CONSORCIA ORTIZ, PETITIONER, VS. GONZALO DEL VILLAR, RESPONDENT.

It is alleged that Emilia Ortiz, single, died in Manila on June 26th last,
leaving three minor adulterine children, named Jesus, aged five; Norma, aged
four; and Emilia, aged two, had by the respondent Gonzalo del Villar, a married
man. When Emilia died she left these minors in the care of her sister, Consorcia
Ortiz, the petitioner. But on July 11, when the respondent heard of Emilia
Ortiz’s death, he took the children from the petitioner and brought them with
him to the Province of Cebu, where they now are.

A petition for habeas corpus will lie when someone is deprived of liberty, or
is wrongfully prevented from exercising the legal custody to which he is
entitled, over another person. Neither of these grounds appears in these
proceedings. It is not alleged that the minors, in whose behalf this petition
was filed, are deprived of their liberty. The petitioner, as the aunt of the
minors, is not by virtue of this relationship alone, entitled to their legal
custody. Furthermore, the respondent, though an adulterine father, has legal
obligations to discharge towards these minors, such as supporting them and
defraying the costs of their education to a certain extent, and has therefore,
at least for the purpose of fulfilling these obligations, in the absence of a
better right, a better title than the petitioner to the custody of these
minors.

The petition is denied, with costs against the petitioner. So ordered.

Street, Malcolm, Villamor, Ostrand, Villa-Real, Abad Santos, Hull,
Vickers, Imperial, and Butte, JJ., concur.