G.R. No. 137359 - Tribiana vs. Tribiana

Edwin N. Tribiana (Petitioner) and Lourdes M. Tribiana (Respondent) are husband and wife.
The couple had been living together since 1996 and formalized their union on October 28, 1997.

Lourdes filed a petition for habeas corpus on April 30, 1998, before the Regional Trial Court (RTC), Branch 19, Bacoor, Cavite.
The petition alleged that Edwin left the conjugal home with their daughter, Khriza Mae Tribiana, who at the time was one year and four months old.
Instead of Lourdes retaining custody, Khriza was being held by Edwin's mother, Rosalina Tribiana.

Edwin moved to dismiss Lourdes’ petition for habeas corpus on the ground that the petition did not allege that earnest efforts to reach a compromise—as required by Article 151 of the Family Code—had been made before filing.
Lourdes opposed the motion to dismiss by submitting a copy of the Barangay Certification to File Action from their Barangay, dated May 1, 1998, which evidenced that compromise efforts had indeed been attempted but failed.

The RTC denied Edwin’s motion to dismiss, certifying that the attached Certification clearly indicated that compromise proceedings were undertaken.
The Court of Appeals, on July 2, 1998, affirmed the RTC’s order and further held that pursuant to Section 412(b)(2) of the Local Government Code, conciliation proceedings are not required in petitions for habeas corpus.
After subsequent pleading and petition for reconsideration by Edwin were denied, he filed a petition for prohibition and certiorari under Rule 65 of the Rules of Civil Procedure, which is the subject of this review.

Whether the trial and appellate courts should have dismissed the petition for habeas corpus on the ground of failure to comply with the condition precedent under Article 151 of the Family Code.

Whether the failure to allege earnest efforts toward a compromise, in the absence of contrary evidence, warrants dismissal of the petition.
Whether the defect, if any, is jurisdictional or merely a technical lapse that could be cured by amendment.
The applicability of Section 412(b)(2) of the Local Government Code in exempting habeas corpus proceedings from the compulsory barangay conciliation requirement.