(10%)
Husband H files a petition for declaration of nullity of marriage before the RTC of Pasig City. Wife W files a petition for habeas corpus before the RTC of Pasay City, praying for custody over their minor child. H files a motion to dismiss the wife’s petition on the ground of the pendency of the other case. Rule.
skip to main |
skip to sidebar
INSTRUCTIONS:
Use this website to share your legal mind. Please feel free to post your Suggested Answers to these Bar Questions. You can also view and response to the opinions of others.
Link to Other Exams
Keywords
- demurrer (1)
- foreign judgment (1)
- hearsay (1)
- mandamus (1)
- pendency (1)
1 comment:
IV.
W’s petition for habeas corpus should be dismissed.
The petition for the declaration of nullity of marriage necessarily includes the determination of the rightful custody of the minor child. The petition for habeas corpus filed by W also involves the determination of the rightful custody of the minor child. The latter petition (habeas corpus) should however yield because the former (declaration of nullity of marriage) is the more appropriate action to resolve the issue of custody.
Post a Comment