TIJING v CA (2001) Petitioners are husband and wife. The youngest of their 6 kids is Edgardo Tijing, Jr.

Petitioner Bienvenida served as the laundrywoman of respondent Angelita. Angelita went to Bienvenidas house for a laundry job. Since Bienvenida was on her way to do some marketing, she asked Angelita to wait, and left 4-month old Edgardo, Jr., w/ Angelita. Upon her return, both were gone. Neither were they in Angeitas house, who had moved to another place. 4 years later, Bienvenida read in a tabloid about the death of Angelitas common-law husband, Tomas. She went to Bulacan, where she allegedly saw her son. She claims that the boy, who was pointed out to her by Benjamin Lopez (brother of the deceased), was already named John Thomas Lopez. Angelita refused to return to her the boy despite her demand. They filed their petition for habeas corpus with the TC. They presented 2 witnesses: Lourdes Vasquez and Benjamin Lopez. - Vasquez testified that she assisted in the delivery of one Edgardo Tijing, Jr. on at her clinic. She supported her testimony with her clinical records. - Lopez declared that his brother Tomas Lopez, could not have possibly fathered John Thomas as the latter was sterile. Tomas met an accident and bumped his private part against the edge of a banca causing the eventual loss of his child-bearing capacity. Tomas admitted to him that John Thomas was only an adopted son. Angelita claimed that she is the natural mother. That at 42, she gave birth to John Thomas. The birth of John Thomas was registered by her Tomas with the local civil registrar of Manila. TC: Granted HC. Since Angelita and Tomas could not have children, the alleged birth of John Thomas is an impossibility. Also, the minor and Bienvenida showed strong facial similarity. Edgardo Tijing, Jr., and John Thomas are one and the same person who is the natural child of petitioners. CA: reversed and set aside TC decision, expressing its doubts on the propriety of the HC. Bienvenidas evidence was not sufficient to establish that she was the mother, and TC erred in declaring that Edgardo Tijing, Jr., and John Thomas are one and the same person. Minor to be returned to Angelita. ISSUES: (1) W/N HC is the proper remedy -- YES (2) W/N Edgardo Tijing, Jr., and John Thomas are one and the same person and is the son of petitioners -- YES RATIO:

The writ of HC extends to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by the rightful custody of any person withheld from the persons entitled thereto. The writ of HC is the proper legal remedy to enable parents to regain the custody of a minor child even if the latter be in the custody of a third person of his own free will. In HC proceeding, the question of identity is relevant and material, subject to the usual presumption, including those as identity of the person. It must first be determined who between Bienvenida and Angelita is the minors biological mother. The records reveal that the evidence presented by Bienvenida is sufficient to establish that John Thomas is actually her missing son. (1) There is evidence that Angelita could no longer bear children. She admitted that after the birth of her second child, she underwent ligation before she lived with Tomas in 1974. Assuming she had that ligation in 1978, she offered no evidence she gave birth to a child between 1978- 1988. The midwife, clinical records, log book or discharge order from the clinic were never presented. (2) There is strong evidence which directly proves that Tomas was no longer capable of siring a son. Benjamin declared in court that Tomas, was sterile, and that Tomas admitted to him that John Thomas was adopted. Also, Tomas and his legal wife had no children even after almost 15 years together. Though Tomas had lived with Angelita for 14 years, they also bore no offspring. (3) The birth certificate of John Thomas was attended by irregularities. It was filed by Thomas, the alleged father. Under the Civil Register Law, the attending physician or midwife in attendance of the birth should cause the registration of such birth. Only in their default can the parent register. Certificate must be filed with the LCR within 30 days after the birth. The status of Thomas and Angelita on the birth certificate were typed in as legally married, which is false (4) The child and Bienvenida had strong similarities in their faces, eyes, eyebrows and head shapes. Resemblance between a minor and his alleged parent is competent and material evidence to establish parentage. (5) Vasquez testified that she assisted in Bienvenidas giving birth. She presented clinical records consisting of a log book, discharge order and the signatures of petitioners. DISPOSITIVE: Petition GRANTED. CA reversed.