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AND WRIT OF HABEAS CORPUS in the absence of the presiding judge of the Family
IN RELATION TO CUSTODY OF MINORS Court, provided, however, that the regular court shall
refer the case to the Family Court as soon as its
A.M. No. 03-04-04-SC presiding judge returns to duty.
April 22, 2003
The petition may also be filed with the appropriate
RULE 102 of Rules of Court regular courts in places where there are no Family
Courts.
Section 1. To what habeas corpus extends. —
Except as otherwise expressly provided by law, the writ The writ issued by the Family Court or the regular court
of habeas corpus shall extend to all cases of illegal shall be enforceable in the judicial region where they
confinement or detention by which any person is deprived belong.
of his liberty, or by which the rightful custody of any
person is withheld from the person entitled thereto. The petition may likewise be filed with the Supreme
Court, Court of Appeals, or with any of its members and,
TIJING VS. CA if so granted, the writ shall be enforceable anywhere in
G.R. No. 125901; March 8, 2001 the Philippines. The writ may be made returnable to a
Family Court or to any regular court within the region
The writ of habeas corpus extends to all cases of where the petitioner resides or where the minor may be
found for hearing and decision on the merits.
illegal confinement or detention by which any
person is deprived of his liberty, or by which the
rightful custody of any person is withheld from the Upon return of the writ, the court shall decide the issue
on custody of minors. The appellate court, or the
person entitled thereto. Thus, it is the proper
member thereof, issuing the writ shall be furnished a
legal remedy to enable parents to regain the
copy of the decision.
custody of a minor child even if the latter be
in the custody of a third person of his own free
Section 3 Section 20
will. It may even be said that in custody cases
Petition for custody of Petition for Writ of
involving minors, the question of illegal and
minors Habeas Corpus
involuntary restraint of liberty is not the underlying Filed with the Family Filed with the Family
rationale for the availability of the writ as a Court Court;
remedy. Rather, it is prosecuted for the -where the petitioner -but may also be filed with
purpose of determining the right of custody resides the regular court;
over a child. -or where the minor may -CA, or SC, or with any of
be found its members.
SECTION 1. Applicability. - This rule shall apply to
petitions for custody of minors and writs of habeas
TUJANMILITANTE VS. DEAPERA
corpus in relation thereto.
G.R. No. 210636; JULY 28, 2014
The Rules of Court shall apply suppletorily.
Facts: Deapera filed a petition for issuance of Writ of
Habeas Corpus in the RTC of Caloocan requiring
Section 2. Petition for custody of minors; who may Tujanmilitante to produce her daughter in court.
file.- A verified petition for the rightful custody of a minor
may be filed by any person claiming such right. The party
Tujanmilitante’s Addresses: Novaliches, Caloocan City;
against whom it may be filed shall be designated as the
Kamias, Quezon City; Batasan Road, Quezon City;
respondent.
Tujannmilitante was served a copy of the petition in
Section 3. Where to file petition. - The petition for
Quezon City. She then moved for the quashal of the writ
custody of minors shall be filed with the Family Court of
claiming that the Writ cannot be enforced in Quezon City.
the province or city where the petitioner resides or where
She stated further that Section 3 of A.M. No. 03-04-04-SC
the minor may be found.
should be applied.
2. The RTC Caloocan correctly took cognizance of Issue: Whether the Court of Appeals has jurisdiction to
the habeas corpus petition. issue writs of habeas corpus in cases involving custody of
minors in the light of the provision in RA 8369 giving family
Batas Pambansa Blg. 129 (Judiciary court exclusive original jurisdiction over such petitions.
Reorganization Act of 1980)
Ruling: Yes. The CA has jurisdiction to issue writs of
Section 13. Creation of Regional Trial
habeas corpus in cases involving custody of minors
Courts. – There are hereby created thirteen
because there is nothing in R.A. 8369 that revoked its
Regional Trial Courts, one for each of the
following judicial regions: jurisdiction to issue writs of habeas corpus involving the
xxxx custody of minors.
The National Capital Judicial
Region, consisting of the cities of Manila, SC disagree with CA’s reasoning (RA 8369).
Quezon, Pasay, Caloocan and Individuals who do not know the whereabouts of minors
Mandaluyong, and the municipalities of they are looking for would be helpless since they cannot
Navotas, Malabon, San Juan, Makati, seek redress from family courts whose writs are
Pasig, Pateros, Taguig, Marikina, enforceable only in their respective territorial jurisdictions.
Parañaque, Las Piñas, Muntinlupa, and If a minor is being transferred from one place to another,
Valenzuela.
the petitioner in habeas corpus case will be left without
legal remedy.
In view of the afore-quoted provision, it is
indubitable that the filing of a petition for the issuance of
A literal interpretation of the word “exclusive” will
a writ of habeas corpus before a family court in any of the
result in grave injustice and negate the policy “to protect
cities enumerated is proper as long as the writ is sought
the rights and promote the welfare of children” under the
to be enforced within the National Capital Judicial Region,
Constitution and the United Nations Convention on the
as here.
Rights of the Child. This mandate must prevail over legal
technicalities and serve as the guiding principle in
In the case at bar, respondent filed the petition construing the provisions of RA 8369.
before the family court of Caloocan City. Since Caloocan
City and Quezon City both belong to the same judicial
Besides A.M. No. 03-04-04-SC states that:
region, the writ issued by the RTC-Caloocan can still
be implemented in Quezon City. Whether petitioner
Section 20. Petition for writ of habeas
resides in the former or the latter is immaterial in view of
corpus.- A verified petition for a writ of habeas
the above rule.
corpus involving custody of minors shall be filed
with the Family Court. The writ shall be
THORNTON VS. THORNTON
enforceable within its judicial region to which
G.R. No. 154598; AUGUST 16, 2004
the Family Court belongs.
xxx xxx xxx
Facts: Richard Thornton, an American, and Adelfa
The petition may likewise be filed with the
Thornton, a Filipino, were married and have a daughter.
Supreme Court, Court of Appeals, or with any
Adelfa and the minor went in Basilan and never returned.
Richard filed a petition for writ of Habeas Corpus in Makati of its members and, if so granted, the writ
City but was dismissed because the minor is in Basilan. shall be enforceable anywhere in the
He then went to Basilan but failed to find Adelfa and their Philippines. The writ may be made returnable to
a Family Court or to any regular court within the Section 10. Contents of pre-trial brief. - The pre-trial
region where the petitioner resides or where the brief shall contain the following:
minor may be found for hearing and decision on
the merits. (a) A statement of the willingness of the parties to
enter into agreements that may be allowed by
Section 4. Contents of petition. - The verified petition law, indicating its terms;
shall allege the following: (b) A concise statement of their respective claims
together with the applicable laws and authorities;
(c) Admitted facts and proposed stipulations of
(a) The personal circumstances of the petitioner
facts;
and of the respondent;
(d) The disputed factual and legal issues;
(b) The name, age and present whereabouts of
(e) All the evidence to be presented, briefly
the minor and his or her relationship to the
stating or describing its nature and purpose;
petitioner and the respondent;
(f) The number and names of the witnesses and
(c) The material operative facts constituting
their respective affidavits which shall serve as the
deprivation of custody; and
affiant's testimony on direct examination; and
(d) Such other matters which are relevant to the
(g) Such other matters as the court may require
custody of the minor.
to be included in the pre-trial brief.
The court may also issue any order that is just and
reasonable permitting the parent who is deprived of the
care and custody of the minor to visit or have temporary
custody.