Silva vs CA GR 114742

TOPIC: Parental Authority on Illegitimate Children

Facts:
- Silva- a married businessman, cohabited with Gonzales- his paramour who is a local actress, and later on
had children.
- Not very long after, their relationship turned sour and eventually they parted ways.
- After their separation, Gonzales denied Silva his visitation rights despite the fact that they already have an
agreement that Silva has the right to be with his children on weekends.
- Thus, Silva petitioned for custodial rights which was opposed by Gonzales on the grounds that Silva is
often engage in gambling and womanizing which could affect the children’s moral and social values.
- The trial court ruled in favor of Silva, but Gonzales appealed in the CA wherein the appellate court
reversed the decision on the ground that they should consider the best interest of the children and not of the
parents. Therefore, the CA gave the custody of the children to Gonzales and denied Silva his visitation
rights.

ISSUE: W/N Silva has visitation rights over the children as their putative father.

RULING: the court ruled that the issue is not the children’s custody but only the visitation right of a parent
over his children which the trial court already adjudged to Silva. Article 209, in relation to Article 220, of
the FC states that it is the natural right and duty of parents and those exercising parental authority to keep
children in their company. There is nothing conclusive to indicate that these provisions are only meant to
legitimate relationships. The laws on support and successional rights, by way of examples, clearly go
beyond the legitimate members of the family and so explicitly encompass illegitimate relationships as well.

With regards to Gonzales’s contention, the court agrees with the SolGen that it is not enough to render Silva
an unfit father. Wherefore, the court granted Silva visitation rights over his children but this did not stop
Gonzales to exercise her parental authority from emigrating to Holland with their children.