G.R. No.

164915 March 10, 2006

ERIC JONATHAN YU
vs.
CAROLINE T. YU
FACTS:
Eric Jonathan Yu filed a petition for habeas corpus before challenging that his estranged wife
Caroline Yu unlawfully withheld from him the custody of their minor child Bianca.
Subsequently, respondent filed a petition for declaration of nullity of marriage and dissolution of
the absolute community of property. The petition included a prayer for the award to her of the
sole custody of Bianca and for the fixing of schedule of petitioners visiting rights "subject only
to the final and executory judgment of the CA.
ISSUE: Whether or not the Writ of Habeas Corpus can be applied to determine the custodial
rights of parents over their children?
RULING: No. Articles 49 and 50 of the Family Code provide that the issue on the custody of
the spouses common children is deemed pleaded in the declaration of nullity case. Hence, the
writ of habeas corpus cannot be availed of by either spouse. Pursuant to the aforementioned
provisions, it is the court who shall determine the custody of the common children in the case for
declaration of nullity.