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Tujanmilitante v. Cada-Deapera

The Supreme Court ruled that the RTC-Caloocan had jurisdiction over the habeas corpus petition filed by Raquel regarding the custody of her biological daughter, Criselda. Raquel filed a petition for writ of habeas corpus in RTC-Caloocan directing Hazelina to produce Criselda and return custody to Raquel, which was granted. However, Hazelina could not be served. Hazelina had also filed for guardianship over Criselda in RTC-Quezon City, but it was dismissed due to the pending habeas corpus case in Caloocan. The Supreme Court affirmed that jurisdiction was proper in Caloocan.

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68 views1 page

Tujanmilitante v. Cada-Deapera

The Supreme Court ruled that the RTC-Caloocan had jurisdiction over the habeas corpus petition filed by Raquel regarding the custody of her biological daughter, Criselda. Raquel filed a petition for writ of habeas corpus in RTC-Caloocan directing Hazelina to produce Criselda and return custody to Raquel, which was granted. However, Hazelina could not be served. Hazelina had also filed for guardianship over Criselda in RTC-Quezon City, but it was dismissed due to the pending habeas corpus case in Caloocan. The Supreme Court affirmed that jurisdiction was proper in Caloocan.

Uploaded by

Dennis Castro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TUJANMILITANTE v.

CADA-DEAPERA
GR. No. 210636; July 28, 2014
Ponente: Velasco, Jr., J.

Facts:
Raquel filed before the RTC-Caloocan a verified petition for writ of habeas corpus directing
petitioner Hazelina to produce before the court respondent's biological daughter, minor Criselda,
and to return to her the custody over the child, which was granted by the court. But, despite
diligent efforts and several attempts, the Sheriff was unsuccessful in personally serving petitioner
copies of the habeas corpus petition and of the writ. Meanwhile, petitioner filed a Petition for
Guardianship over the person of Criselda before the RTC-Quezon City but was dismissed due to
the pendency of the habeas corpus petition before RTC-Caloocan.

Issue:
Whether or not the RTC Caloocan has jurisdiction over the habeas corpus petition filed by
respondent.

Ruling:
Yes, the RTC-Caloocan has jurisdiction over the habeas corpus proceeding.

A verified petition for a writ of habeas corpus involving custody of minors shall be filed with the
Family Court or with the appropriate regular courts in places where there are no Family Courts.
However, the petition may be filed with the regular court in the absence of the presiding judge of
the Family Court, provided, however, that the regular court shall refer the case to the Family
Court as soon as its presiding judge returns to duty.

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