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QUERY: Ten years ago, I married a man who later
turned out to be an alcoholic, gambler and worse, a drug addict. Our
union was initially blessed with two children—now aged six and
four. My husband’s alcoholism and drug addiction impaired his
mental faculties, causing him to commit acts of violence against our
children and me. One day, after a bitter quarrel, he left our
conjugal abode and took our two kids to Iloilo and later to Bacolod.
I sought the help of my parents
and in-laws to patch things up between us, but to no avail. I also
brought the matter to the Lupong Tagapamayapa in our barangay, but
the same proved futile. I am very worried because the conduct of my
irresponsible husband had adversely affected the studies of our
children. Some of my friends advised me to initiate a habeas corpus
case with the Court of Appeals, but others told me that such a case
now falls within the exclusive jurisdiction of the family courts.
If I initiate a habeas corpus
case with the Court of Appeals will it prosper since my husband
takes our two kids from one province to another. I do not even know
where they are now. Does the Court of Appeals have jurisdiction to
issue writs of habeas corpus in cases involving the custody of
minors?
Isabella Q.
Reply
Jurisprudence is in your favor.
The Supreme Court has recently reiterated in Felipe N. Madriñan v.
Francisca R. Madriñan (G. R. No. 159374, promulgated July 12, 2007)
that the Court of Appeals has jurisdiction to issue writs of habeas
corpus in cases involving the custody of minors. Such issue cropped
up upon the enactment of Republic Act 8369. Section 5 of the law
provides that “the Family Courts shall have exclusive original
jurisdiction to hear and decide … petitions for guardianship,
custody of children, habeas corpus in relation to take latter….”
In Thornton v. Thornton (436 SCRA
550), the High Tribunal had initially ruled that the Court of
Appeals has jurisdiction to issue writs of habeas corpus in cases
involving the custody of minors, because there is nothing in R.A.
8369 that revoked such jurisdiction. The jurisdiction of the Court
of Appeals over petitions for habeas corpus was further affirmed by
A. M. No. 03-03-04-SC (April 22, 2004, in Re: Rule on Custody of
Minors and Writ of Habeas corpus in Relation to Custody of Minors,
to wit:
“Section 20. Petition for writ
of habeas corpus. A verified petition for a writ of habeas corpus
involving custody of minors shall be filed with the Family Court.
The writ shall be enforceable within its judicial region to which
the Family Court belongs….
“The petition may likewise be
filed with the Supreme Court, Court of Appeals, or with any of its
members and, if so granted, the writ shall be enforceable any where
in the Philippines. The writ may be made returnable to a Family
Court or to any regular court within the region where the petitioner
resides or where the minor may be found for hearing and decision on
the merits.”
Section 5(b) of R.A. 8369 says
that family courts are vested with original exclusive jurisdiction
in custody cases, not in habeas corpus cases. Writs of habeas corpus
which may be issued exclusively by family courts under Section 5(b)
of R.A. 8369 pertain to the ancillary remedy that may be availed of
in conjunction with a petition for custody of minors under Rule 99
of the Rules of Court.
From the foregoing, there is no
doubt that the Court of Appeals and the Supreme Court have
concurrent jurisdiction with family courts in habeas corpus cases
where the custody of minors is involved.
Above all things, let us
harken to what our Lord and Master Jesus Christ said: “No one who
sets a hand to the plow and hooks to what was left behind is fit for
the Kingdom of God.” (Luke 9:62).
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