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Thornton Vs Thornton

Richard Thornton, an American, filed a petition for habeas corpus in family court in Makati City seeking custody of his daughter with his Filipino wife Adelfa Francisco Thornton. The petition was dismissed because the child was in Basilan. Thornton then filed with the Court of Appeals which denied the petition for lack of jurisdiction over the case. The Supreme Court ruled that under existing laws, the Court of Appeals does have concurrent jurisdiction with family courts over habeas corpus petitions involving custody of minors. It granted Thornton's petition and remanded the case back to the Court of Appeals.

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Vicente Ang
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150 views1 page

Thornton Vs Thornton

Richard Thornton, an American, filed a petition for habeas corpus in family court in Makati City seeking custody of his daughter with his Filipino wife Adelfa Francisco Thornton. The petition was dismissed because the child was in Basilan. Thornton then filed with the Court of Appeals which denied the petition for lack of jurisdiction over the case. The Supreme Court ruled that under existing laws, the Court of Appeals does have concurrent jurisdiction with family courts over habeas corpus petitions involving custody of minors. It granted Thornton's petition and remanded the case back to the Court of Appeals.

Uploaded by

Vicente Ang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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.

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