Nita Flores is the mother of minor Asuncion Flores. One day, she sent Asuncion to visit Felisa Cruz (Nita’s mother). Thereafter, Felisa no longer permitted Asuncion to return to Nita. Asuncion however is free to go anywhere else. As a result, Nita filed a petition for habeas corpus against Felisa. Felisa argued that she did not restrain Asuncion as in fact, it was Asuncion who voluntarily decided to stay with her because she does not want to work as a maid like her mother Nita.
ISSUE: Whether or not habeas corpus may be availed of if the minor does not want to go home to her parent.
HELD: Yes. The writ of habeas corpus is the proper legal remedy to enable parents to regain the custody of a minor daughter, even though the latter be in the custody of a third person of her own free will. Nothing is dishonest about working as a maid. Parental authority may only be deprived in cases authorized by law