G.R. No.

154598 August 16, 2004

Richard Brian Thornton, petitioner

vs.
Adelfa Francisco Thornton, respondent

FACTS:

Petitioner, an American and respondent, a Filipino were

married on August 28, 1998, in the Catholic Church at UN Ave.
Manila. Respondent gave birth to a baby girl whom they named
Sequeira Jennifer Delle Thornton.
Petitioner filed a petition for habeas corpus in the
designated Family Court in Makati City but it was dismissed for the
reason that the child was in Basilan.
Petitioner , then filed another petition for habeas corpus
in Court of Appeals which could issue a writ of habeas corpus
enforceable in the entire country. However, the petition was denied
on the ground that it did not have jurisdiction over the case.

ISSUE:
Whether or not the Court of Appeals has jurisdiction to
issue writ s of habeas corpus in cases involving custody of minors.

RULING:
There is no doubt that the Court of Appeals and Supreme
Court have concurrent jurisdiction with the Family Court to issue
writs of habeas corpus where the custody of minor is involved. Thus,
R.A. 8369 must be in harmony with R.A. 7029 (An Act Expanding the
jurisdiction of Court of Appeals) and Batas Pambansa 129 ( The
Judiciary Reorganization Act of 1980) in petition of habeas corpus.
Wherefore, the petition is hereby GRANTED and hereby
REINSTATED and REMANDED to the Court of Appeals.