2026 Remedial Law, Q15

Shan and Chesky were married in Manila. They have three (3) minor daughters. Because of a serious marital dispute, Shan left the family house, taking with him the three (3) minor children first to Cebu, then to Iloilo, and later, to Bohol. Despite efforts to reconciliate, Chesky was unable to mend her relationship with Shan and could not get custody of the three (3) kids. Chesky, therefore, filed a Petition for Habeas Corpus with the Court of Appeals (CA). Shan argued that the CA Petition should be dismissed because it is the Family Court that has jurisdiction over habeas corpus cases concerning the custody of minors. Is Shan correct? Explain.

Quick check

Does the Court of Appeals have original jurisdiction over petitions for habeas corpus involving the custody of minor children?

What key territorial advantage does a writ of habeas corpus issued by the Court of Appeals have over one issued by a Family Court?

Did Republic Act No. 8369 (Family Courts Act of 1997) divest the Court of Appeals of its jurisdiction to issue writs of habeas corpus involving minors?

Why was filing the petition for habeas corpus with the Court of Appeals the proper procedural step for Chesky when Shan moved the children across multiple regions?

Choices available with full access.

What is the primary purpose of a petition for habeas corpus when filed by a parent seeking custody of a minor child wrongfully taken by the other parent?

Choices available with full access.

Unlock the full Remedial Law answers

Learn more about these topics

1. Family Court Jurisdiction
Under Republic Act No. 8369, Family Courts were created and granted exclusive original jurisdiction over petitions for custody of minors and habeas corpus cases involving children. However, settled jurisprudence clarifies that the passage of RA 8369 did not divest the Supreme Court and the Court of Appeals of their ancestral jurisdiction to issue writs of habeas corpus in custody cases. The Court of Appeals shares concurrent original jurisdiction with Family Courts over habeas corpus petitions involving minors. This concurrent jurisdiction ensures that parents seeking custody are not left without an effective judicial remedy when jurisdictional complexities arise.

2. Writ Enforceability
A critical distinction between writs of habeas corpus issued by Family Courts and those issued by appellate courts lies in their territorial enforceability. A writ of habeas corpus granted by a Family Court is enforceable only within its specific judicial region. Conversely, a writ issued by the Court of Appeals or the Supreme Court possesses nationwide enforceability, making it effective anywhere in the Philippines. When a parent wrongfully takes or moves a minor child across different judicial regions, filing the petition with the Court of Appeals is the proper and practical legal remedy to ensure nationwide service and enforcement.

3. Custody Determination
The primary statutory purpose of a petition for habeas corpus in child custody disputes is to determine the legal right to custody and safeguard the welfare of the minor. In resolving custody controversies between parents, courts strictly adhere to the best interest of the child principle as the paramount consideration. Article 213 of the Family Code mandates that no child under seven years of age shall be separated from the mother unless compelling reasons exist. Habeas corpus serves as a summary remedy to immediately restore lawful custody when a child is unlawfully withheld or taken by one parent.

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