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Andrew B. Lastrollo
Andrew B. Lastrollo
Andrew B. Lastrollo
Andrew B. Lastrollo
Andrew B. Lastrollo
Issue:
Whether or not the question of child custody should be litigated thru
the habeas corpus filed in Pasay RTC.
Held:
No. By petitioners filing of case for declaration of nullity of marriage
before the Pasig RTC, he automatically submitted the issue of the custody of
their child as provided under Article 49 and 50 of the Family Code. The only
explicit exception stated under Article 50 is when the matter had been
adjudicated in a previous judicial proceeding, which is not the case here after
the Court of Appeals dismissed the petitioners habeas corpus.
The petition for declaration of nullity of marriage before the Pasig RTC
is the more appropriate action to determine the custody of Bianca. This must
be so in line with the policy of avoiding multiplicity of suits, which had been
the case here. Hence, the writ of habeas corpus cannot be availed by the
respondent.
Andrew B. Lastrollo
Andrew B. Lastrollo
Andrew B. Lastrollo
Andrew B. Lastrollo
Andrew B. Lastrollo
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Andrew B. Lastrollo
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