Title
Masbate vs. Relucio
Case
G.R. No. 235498
Decision Date
Jul 30, 2018
Custody dispute over illegitimate child Queenie; mother granted sole parental authority, father awarded visitation rights; case remanded to determine mother's fitness and child's best interests.

Case Digest (G.R. No. 235498)
Expanded Legal Reasoning Model

Facts:

  • Background
    • Queenie Angel M. Relucio was born on May 3, 2012 to Renalyn A. Masbate (mother) and Ricky James Relucio (father), who were cohabiting without marriage.
    • In April 2015, the relationship ended; Renalyn left for Manila to study dentistry, leaving Queenie in Ricky James’s custody.
  • Initiation of Habeas Corpus and Child Custody Proceeding
    • On November 7, 2015, Renalyn’s parents purportedly took Queenie from school, presenting a Special Power of Attorney executed by Renalyn granting them custody.
    • Ricky James filed a petition for habeas corpus and custody (SP No. FC-15-239) before the RTC of Legazpi City, Branch 8.
  • Regional Trial Court (RTC) Disposition
    • A hearing on December 3, 2015 was held without formal evidence presentation; Queenie was produced in court and Renalyn expressed desire to keep her.
    • On December 4, 2015, the RTC granted custody to Renalyn, citing Article 213 of the Family Code (tender-age presumption).
    • Ricky James’s motion for reconsideration was denied on January 7, 2016, the RTC reaffirming sole maternal authority under Article 176 and finding no proof of the mother’s unfitness.
  • Court of Appeals (CA) Proceedings
    • Ricky James appealed; on January 12, 2017 the CA set aside the RTC orders and remanded for trial to determine custody, affirming interim custody with Renalyn and granting Ricky James two days’ visitation weekly.
    • On October 3, 2017, the CA denied petitioners’ motion for reconsideration and, upon Ricky James’s motion for clarification, granted him “limited and temporary custody” once a month for 24 hours, without reducing visitation rights.
  • Supreme Court Petition
    • Renalyn and her parents filed a petition for review on certiorari challenging the CA’s remand and the grant of temporary custody.
    • Ricky James opposed, asserting timeliness and urging immediate execution of the CA resolution.

Issues:

  • Whether the CA correctly remanded the case for trial to determine who should exercise custody over Queenie under the tender-age presumption of Article 213 of the Family Code.
  • Whether the CA lawfully granted temporary custody to Ricky James in addition to his visitation rights.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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