2025 Remedial Law, Q11

A filed against her estranged husband X a petition for custody of B before the Regional Trial Court (RTC)-Quezon City where X lived together with B. When X learned of the petition, he, together with B, moved to another residence in Iloilo City. When A found out what X did, she again filed a petition for custody of B before RTC-Iloilo City. When X learned of this second case, he once again changed residence, this time, in Zamboanga City. A then resorted to a petition for habeas corpus against X to produce the live person of B before the Court of Appeals. A alleged that X was illegally restraining B, and withholding from her custody over their child. Was A’s resort to habeas corpus before the Court of Appeals justified? Reason(s).

Quick check

Was A's resort to a petition for habeas corpus before the Court of Appeals justified?

What is the primary procedural limitation of a writ of habeas corpus issued by a Family Court?

Which courts possess concurrent jurisdiction to issue writs of habeas corpus involving custody of minors under A.M. No. 03-04-04-SC?

Why is habeas corpus an appropriate remedy in child custody disputes between estranged parents?

Choices available with full access.

When a respondent parent repeatedly transfers a minor across different judicial regions to evade service, what court should the petitioner approach for nationwide relief?

Choices available with full access.

Unlock the full Remedial Law answers

Learn more about these topics

1. Habeas Corpus Jurisdiction
Under A.M. No. 03-04-04-SC, the Court of Appeals possesses concurrent jurisdiction with Family Courts over petitions for habeas corpus involving the custody of minors. While Family Court writs are territorially restricted to their respective judicial regions, writs issued by the Court of Appeals are enforceable anywhere within the Philippines. This nationwide territorial reach ensures that parents seeking custody are not stymied by evasive spouses who repeatedly move children across judicial regions, providing an effective judicial remedy to secure the physical production of a minor regardless of location.

2. Custody of Minors
Habeas corpus is a proper remedy to regain custody of a minor child when the child is being unlawfully withheld or restrained by one parent from the other. Although habeas corpus primarily addresses illegal confinement, in child custody disputes, the writ serves to enforce parental rights and determine the best interests of the child. When a spouse clandestinely transfers a child from one province to another to evade court processes, habeas corpus before an appellate court with nationwide writ authority guarantees prompt judicial intervention.

3. Territorial Writ Enforceability
The territorial limitation of writs issued by regional trial courts and family courts poses significant challenges when respondents move across regional boundaries. A Family Court writ cannot be validly executed outside its judicial region. Consequently, when a respondent repeatedly shifts residence across different judicial regions, resorting to higher courts such as the Court of Appeals or Supreme Court becomes procedurally necessary. Their nationwide writ enforceability prevents forum shopping and jurisdictional futility in child custody enforcement.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026