Title
Supreme Court
Spouses Magdalino Gabun and Carol Gabun, Nora A. Lopez, and Marcelino Alfonso vs. Winston Clark Stolk, Sr.
Case
G.R. No. 234660
Decision Date
Jun 26, 2023
A father sought custody of his illegitimate son after DNA confirmed paternity; courts initially granted custody based on parentage but Supreme Court remanded, prioritizing the child’s best interests over procedural errors.

Case Digest (G.R. No. 234660)
Expanded Legal Reasoning Model

Facts:

  • Parties and background
    • Petitioners Spouses Magdalino and Carol Gabun, Nora A. Lopez, and Marcelino Alfonso are collateral grandparents and actual custodians of minor Winston Clark Daen Stolk, Jr. Respondent Winston Clark Stolk, Sr. is the biological father.
    • Respondent and Winston’s mother, Catherine Alfonso Daen, cohabited in Florida (without marriage). Catherine returned to the Philippines in early 2007 to give birth and died hours after Winston’s birth on July 22, 2007.
  • Trial proceedings and procedural history
    • RTC proceedings
      • Respondent filed a Verified Petition for Habeas Corpus seeking absolute and permanent custody of Winston.
      • The RTC ordered a DNA test at respondent’s expense, which showed a 99.9997% probability of paternity.
      • On April 22, 2014, the RTC granted custody to respondent, relying on Articles 212 and 213 of the Family Code.
      • Petitioners’ Motion for Reconsideration and Supplemental Motion were denied on November 4, 2014.
    • Appeals and certiorari
      • Petitioners filed a Notice of Appeal on November 24, 2014, but the RTC dismissed it on December 7, 2014 for nonpayment of fees; finality was declared on December 11, 2014. Subsequent motions for reconsideration were denied (August 26, 2016; May 19, 2017).
      • Petitioners filed a Rule 65 petition for certiorari before the CA on July 28, 2017. The CA dismissed it as time-barred (August 23, 2017) and denied reconsideration (October 9, 2017).
      • Petitioners sought review under Rule 45 before the Supreme Court on October 26, 2017.

Issues:

  • Procedural issues
    • Did the CA err in dismissing petitioners’ certiorari petition as time-barred?
    • Did the RTC commit grave abuse of discretion in dismissing petitioners’ appeal for nonpayment of fees?
  • Substantive custody issues
    • Did the RTC misapply Family Code provisions (Articles 212–213 vs. 176, 214, 216) and ignore the best-interest factors under the Rule on Custody of Minors?
    • Should minor-protective procedural relaxations apply in the interest of Winston’s welfare?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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