Case Digest (G.R. No. 268979)
Facts:
The case involves Jeffrey Rosacay Empuerto and spouses Leonido and Rosalyn Empuerto (collectively, the Empuertos) as petitioners and Sheena Olpoc Cabrillos as the respondent. Sheena gave birth to Yuno Hanzo Cabrillos Empuerto on February 26, 2013. Jeffrey acknowledged paternity, and he lived with Sheena and the Empuertos in Davao City. In 2017, Sheena and Jeffrey separated, and Sheena took Yuno to Cotabato City, enrolling him in school there. Despite the separation, Jeffrey maintained communication with Yuno and had him stay during holidays. In 2020, due to the COVID-19 lockdown, Yuno's visitation was extended with Jeffrey in Davao City, and Sheena's attempts to retrieve Yuno were resisted by Jeffrey and the Empuertos. Sheena sought assistance from police and barangay officials, and after failed attempts, she petitioned for a writ of habeas corpus in the Regional Trial Court of Davao City. On May 5, 2021, the court, following a preliminary conference between Jeffrey and
Case Digest (G.R. No. 268979)
Facts:
- Birth and Acknowledgement
- On February 26, 2013, Sheena Olpoc Cabrillos gave birth to Yuno Hanzo Cabrillos Empuerto.
- Jeffrey Rosacay Empuerto acknowledged paternity.
- Living Arrangements and Separation
- Jeffrey and Sheena lived in Davao City with Jeffrey's parents, spouses Leonido and Rosalyn Empuerto.
- Sheena and Jeffrey broke up in 2017; Sheena and Yuno moved to Cotabato City.
- Yuno was enrolled in a local elementary school in Cotabato City.
- Jeffrey maintained communication and regularly hosted Yuno during holidays and vacations in Davao.
- COVID-19 Lockdown and Custody Dispute
- In March 2020, Jeffrey brought Yuno to Davao for summer vacation; stay was extended due to COVID-19 lockdown.
- Sheena requested Yuno's return after lockdown; Jeffrey refused.
- Attempts by Sheena to fetch Yuno in July and August 2020 failed as Yuno resisted leaving with her.
- An agreement via the Office of the Punong Barangay scheduled turnover of custody in April 2021.
- Jeffrey failed to comply, prompting Sheena to file a police blotter and a petition for writ of habeas corpus.
- Trial Court Proceedings
- On May 3, 2021, Regional Trial Court (RTC) issued a writ of habeas corpus.
- May 5, 2021 hearing: Jeffrey and Sheena agreed to terms regarding Yuno's custody; incorporated into court order.
- Terms included custody transfer in July 2021, visitation, care provisions, and holiday custody arrangements.
- The RTC approved the agreement and closed the case.
- The Empuertos filed a motion for reconsideration seeking a full-blown trial; denied by the RTC.
- Sheriff attempted turnover in July 2021, but Yuno refused to go with Sheena.
- Court of Appeals Proceedings
- Empuertos filed an Urgent Verified Motion for Preliminary Restraints to stop execution and seek trial.
- CA denied preliminary injunction and ordered submission for decision.
- CA decision (October 18, 2022) partially granted the appeal: reversed RTC's closure, deemed May 5 order provisional, directed full trial.
- CA held that allegations of abuse warranted full trial to determine custody.
- CA denied motion for partial reconsideration (July 19, 2023) and upheld compromise agreement validity.
- Supreme Court Petition and Supplemental Proceedings
- Empuertos filed Petition for Review, arguing custody should not automatically vest in Sheena because Yuno is illegitimate.
- They emphasized Jeffrey's biological fatherhood and actual custody.
- Alleged prior violence by Sheena justified restraining order.
- Supreme Court issued temporary restraining order on RTC proceedings pending final resolution.
- Sheena's Comment alleged Empuertos' selfish motives, Jeffrey's dependence on his parents, and harassment leading to judge's inhibition.
- Empuertos reiterated need for full trial, denied allegations, and emphasized Yuno's refusal to go with Sheena.
Issues:
- Whether the Court of Appeals erred in deeming the May 5, 2021 RTC order, based on parties' compromise, as a provisional order awarding custody.
- Whether the trial court properly proceeded with the issuance and implementation of the writ of habeas corpus without affording the Empuertos due process, particularly the opportunity to file an answer and undergo a full-blown trial.
- Whether a custody agreement between separated parents without trial can conclusively determine the rightful custody of an illegitimate child.
- Whether custody should remain with the Empuertos pending determination of the child's best interest.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)