Case Digest (G.R. No. 83251)
Facts:
Renato B. Suarez v. Court of Appeals, Hon. Zenaida Baltazar as Presiding Judge of the Regional Trial Court, Branch 158, Pasig, Metro Manila, and Rosemarie Manese, G.R. No. 83251, January 23, 1991, Supreme Court First Division, Medialdea, J., writing for the Court.Petitioner Renato B. Suarez opposed actions by private respondent Rosemarie Manese, who on December 11, 1986 filed a petition for writ of habeas corpus against Renato, his mother Paz Suarez and his sister Milagros Suarez, docketed as Sp. Proc. No. 734-J in the Regional Trial Court (RTC). During trial, on February 23, 1987 Manese moved to dismiss the habeas corpus petition "without prejudice to her right to file another action for custody of minor" under Rule 99, and on February 24, 1987 the trial court issued a resolution granting dismissal with prejudice.
Manese then filed a separate petition for custody and support on May 27, 1987, docketed as Sp. Proc. No. 840-J, against petitioner. Suarez moved to dismiss Sp. Proc. No. 840-J, arguing it was barred by the prior dismissal with prejudice in Sp. Proc. No. 734-J; the RTC denied his motion on October 1, 1987 and denied reconsideration. Manese filed motions for visitorial rights (Dec. 1, 1987) and for custody during the Christmas season (Dec. 14, 1987). On December 15, 1987 the trial court denied Suarez’s motion for reconsideration and granted Manese’s two motions.
On January 22, 1988 the trial court issued an order setting aside its December 15, 1987 order (the one that had granted visitorial rights) and set the case for pre-trial. Suarez filed a special civil action for certiorari and prohibition with the Court of Appeals seeking to annul the RTC orders of October 1 and December 15, 1987 and prayed for restraining order/preliminary ...(Subscriber-Only)
Issues:
- Is the RTC order dismissing the habeas corpus petition in Sp. Proc. No. 734-J, insofar as it dismissed with prejudice, res judicata as to the subsequent custody and support action in Sp. Proc. No. 840-J?
- Did the Court of Appeals commit grave abuse of discretion in upholding the RTC’s order granting respondent Manese custody/visitorial rights of the child during the Christmas seaso...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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