Shirly filed a petition for habeas corpus seeking the return of her 14-year old daughter Shang Ko who had run away from home. During the trial, it was discovered that Shang Ko did not want to return to her parents due to abuse from her mother. The court denied the petition for habeas corpus, holding that while parents generally have custody of minor children, the state can intervene when parents are abusive and impair the well-being and growth of the child.
Shirly filed a petition for habeas corpus seeking the return of her 14-year old daughter Shang Ko who had run away from home. During the trial, it was discovered that Shang Ko did not want to return to her parents due to abuse from her mother. The court denied the petition for habeas corpus, holding that while parents generally have custody of minor children, the state can intervene when parents are abusive and impair the well-being and growth of the child.
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In the Matter of the Petition for Habeas Corpus of Minor Shang Ko Vingson Yu
Shirly filed a petition for habeas corpus seeking the return of her 14-year old daughter Shang Ko who had run away from home. During the trial, it was discovered that Shang Ko did not want to return to her parents due to abuse from her mother. The court denied the petition for habeas corpus, holding that while parents generally have custody of minor children, the state can intervene when parents are abusive and impair the well-being and growth of the child.
Shirly filed a petition for habeas corpus seeking the return of her 14-year old daughter Shang Ko who had run away from home. During the trial, it was discovered that Shang Ko did not want to return to her parents due to abuse from her mother. The court denied the petition for habeas corpus, holding that while parents generally have custody of minor children, the state can intervene when parents are abusive and impair the well-being and growth of the child.
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IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG KO
VINGSON YU, UDK No. 14817, January 13, 2014
FACTS: Shirly alleged that her 14-year old daughter, Shang Ko, ran away from home on November 2, 2011. Shirly found out that the child was with one Jovy Cabcaban, but upon investigation of the NBI, Shang Ko was later discovered to be with Arnel Pura Pura. Pura insisted that Shang Ko was fine and in fact, she was attending school. This prompted Shirly to file a petition for habeas corpus. During the trial, it was later found out that Shang Ko didnt want to return to her parents anymore due to abuse coming from her mother.
ISSUE: W/N the petition for Habeas Corpus must be allowed?
HELD: NO. When the State may intervene in rearing children - Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal confinement or detention by which any person is deprived of his liberty, but also in cases involving the rightful custody over a minor. The general rule is that parents should have custody over their minor children. But the State has the right to intervene where the parents, rather than care for such children, treat them cruelly and abusively, impairing their growth and well-being and leaving them emotional scars that they carry throughout their lives unless they are liberated from such parents and property counseled.