Additional Reading

3. Hernandez v. Juan-Santos G.R. No. 166470 August 7, 2009

Facts:
Maria Lourdes San Juan Hernandez (or Lulu), an incompetent person due to weakness
of the mind, and a wealthy heir of her late parents, was in the custody of her step-mother
and step-siblings (herein petitioners). Issues arose as to the alleged embezzlement of the
latter of the formers wealth. Respondent (Jovita) , Lulus maternal first cousin, learned of the
predicaments of Lulu. She filed a petition to be appointed as Lulus guardian. The Petitioners
objected. Jovita was eventually appointed by the court as Lulus legal guardian. When Lulu
moved into her apartment in Marikina, she was abducted thereat. The PACER subsequently
discovered that petitioners were keeping Lulu somewhere in Rodriguez, Rizal. Despite their
initial hostility to the investigation, Petitioners subsequently contacted the PACER to inform
them that Lulu voluntarily left with Natividad (one of the petitioners) because her guardian
had allegedly been maltreating her. On December 15, 2003, respondent filed a petition
for habeas corpus in the CA alleging that petitioners abducted Lulu and were holding her
captive in an undisclosed location in Rodriguez, Rizal.
Issue:
WON the issuance of writ of habeas corpus to a legal guardian is proper.
Ruling:
Yes. A writ of habeas corpus extends to all cases of illegal confinement or detention
or by which the rightful custody of person is withheld from the one entitled
thereto. Respondent, as the judicial guardian of Lulu, was duty-bound to care for and protect
her ward. For her to perform her obligation, respondent must have custody of Lulu. Thus,
she was entitled to a writ of habeas corpus after she was unduly deprived of the custody of
her ward.