Case Digest (G.R. No. 154994)
Facts:
The consolidated petitions stem from custody proceedings over minor Rafaello, born September 11, 1998, before the Regional Trial Court of Parañaque City, Branch 260. On March 12, 2002, petitioner Crisanto Rafaelito Gualberto V sought annulment of his marriage to respondent Joycelyn D. Pablo-Gualberto, praying also for temporary custody of their almost four-year-old son. He alleged that in early February 2002, Joycelyn removed the child from their conjugal home and from his school in Parañaque and took him to Caminawit, Occidental Mindoro. At the April 2 hearing on the custody prayer, Crisanto, security executive Renato Santos, and house helper Cherry Batistel testified that Joycelyn neglected the boy, slapped him, and engaged in lesbian relations, demonstrating unfitness. On April 3, 2002, RTC Judge Helen B. Ricafort awarded custody pendente lite to the father. Although Joycelyn failed to present evidence at the April 16 hearing on her motion to lift that award, on May 17, 2002,Case Digest (G.R. No. 154994)
Facts:
- Antecedents
- On March 12, 2002, Crisanto Rafaelito G. Gualberto V filed before the RTC of Parañaque City a petition for declaration of nullity of marriage against Joycelyn D. Pablo-Gualberto, with ancillary prayer for custody pendente lite of their nearly four-year-old son, Rafaello, whom Joycelyn allegedly removed from the conjugal home and school.
- On April 2, 2002, RTC Judge Helen B. Ricafort conducted a hearing on Crisanto’s ancillary prayer; testimonies and documentary evidence were presented in Joycelyn’s absence.
- Trial Court Orders
- April 3, 2002 – The RTC awarded custody pendente lite of Rafaello to his father, Crisanto, citing Art. 211 of the Family Code and alleged maternal neglect and immorality.
- May 17, 2002 – The RTC, upon Joycelyn’s appearance and motion to dismiss, reversed its April 3 Order and awarded custody pendente lite to Joycelyn, granting Crisanto alternate weekend visitation.
- Appellate Proceedings
- August 30, 2002 – The Court of Appeals (CA) in CA-GR SP No. 70878 granted Crisanto’s petition for certiorari, set aside the May 17 RTC Order, and directed the RTC to resolve Joycelyn’s motion to lift the custody award, effectively reinstating the April 3 Order.
- November 27, 2002 – The CA denied Crisanto’s motion for partial reconsideration of its August 30 Decision.
- Supreme Court Petitions
- Joycelyn filed a Petition for Review on Certiorari under Rule 45 (G.R. No. 154994) assailing the CA’s August 30, 2002 Decision.
- Crisanto filed a Petition for Certiorari under Rule 65 (G.R. No. 156254) charging the CA with grave abuse of discretion for its August 30 Decision and its November 27 Resolution.
Issues:
- Issues raised by Joycelyn (G.R. No. 154994)
- Whether the CA violated Article 213 of the Family Code by ordering custody to be given to the father of a child under seven years old in the absence of compelling reasons.
- Whether Article 213 or Article 211 of the Family Code applies to custody of a four-year-old child.
- Issues raised by Crisanto (G.R. No. 156254)
- Whether the CA gravely abused its discretion in ordering the RTC to resolve a non-pending motion and in denying his motion for reconsideration without reasons.
- Whether ancillary remedies of habeas corpus and preliminary mandatory injunction should be granted to enforce his custody right.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)