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FACTS: Petitioner was an American, respondent was a Filipino.

They were married and


had one daughter. After 3 years, the woman grew restless and bored as a plain housewife
and wanted to return to her old job as GRO in a nightclub. One day, the woman left the
family home together with their daughter and told her servants that she was going to
Basilan. The husband filed a petition for habeas corpus in the designated Family Court in
Makati City but was dismissed because the child was in Basilan. When he went to
Basilan, he didn’t find them and the barangay office issued a certification that respondent
was no longer residing there. Petitioner filed another petition for habeas corpus in CA
which could issue a writ of habeas corpus enforceable in the entire country. The petition
was denied by CA on the ground that it did not have jurisdiction over the case since RA
8369 (Family Courts Act of 1997) gave family courts exclusive jurisdiction over petitions
for habeas corpus, it impliedly repealed RA 7902 (An Act Expanding the Jurisdiction of
CA) and B.P 129 (The judiciary Reorganization Act of 1980.)

ISSUE: W/N CA has jurisdiction to issue writs of habeas corpus in cases involving
custody of minors in light of the provision in RA 8369 giving family courts exclusive
jurisdiction over such petitions.

HELD: Petition granted. CA should take cognizance of the case because nothing in RA
8369 revoked its jurisdiction to issue writs of habeas corpus involving custody of minors.
The reasoning of CA cant be affirmed because it will result to iniquitous, leaving
petitioners without legal course in obtaining custody. The minor could be transferred
from one place to another and habeas corpus case will be left without legal remedy since
family courts take cognizance only cases within their jurisdiction. Literal interpretation
would render it meaningless, lead to absurdity, injustice, and contradiction. The literal
interpretation of “exclusive” will result in grave injustice and negate the policy to protect
the rights and promote welfare of children.

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