Professional Documents
Culture Documents
ISSUE:
Whether or not as the natural father, may be denied the custody and
parental care of his own child in the absence of the mother who is
away.
HELD:
There is thus no question that Respondent Loreta, being the mother
of and having sole parental authority over the minor, is entitled to
have custody of him. She has the right to keep him in her company.
She cannot be deprived of that right, and she may not even renounce
or transfer it "except in the cases authorized by law. Not to be
ignored in Article 213 of the Family Code is the caveat that, generally,
no child under seven years of age shall be separated from the
mother, except when the court finds cause to order otherwise.
ISSUE: Whether or not a father of a seven year old child can be of custody
instead of a mother.
HELD:
The law is more than satisfied by the judgment of the trial court. The
children are now both over seven years old. Their choice of the
parent with whom they prefer to stay is clear from the record. From all
indications, Reynaldo is a fit person, thus meeting the two
requirements found in the first paragraph of Article 213 of the Family
Code. The children understand the unfortunate shortcomings of their
mother and have been affected in their emotional growth by her
behavior.
ISSUE: Whether or not the decision of the Regional Trial Court of Legaspi
City for granting the private respondent in adopting Jason Condat be
reversed.
HELD:
The trial court and respondent court acted correctly in granting the
petition for adoption and we find no reason to disturb the same.
Adoption statutes, being humane and salutary, hold the interests and
welfare of the child to be of paramount consideration. They are
designed to provide homes, parental care and education for
unfortunate, needy or orphaned children and give them the protection of
society and family in the person of the adopted, as well as to allow
childless couples or persons to experience the joys of parenthood and
give them legally a child in the person of the adopted for the
manifestation of their natural parental instincts. Every reasonable
intendment should be sustained to promote and fulfill these noble and
compassionate objectives of the law.