Case Summary (G.R. No. L-8806)
Factual Background
Maria N. Banzon initiated the petition for habeas corpus to regain custody of her son, Angelo, who was allegedly detained by the Alviars. The respondents admitted to having custody of Angelo but contended that the child was entrusted to them by his father, Colonel Jose Banzon, who was serving abroad as the Philippine Military Attache in Saigon. They claimed they were properly caring for the child and facilitating his education.
Evidence Presented
During the trial process, Maria provided evidence establishing that Angelo was her legitimate child and that he had been in the care of the Alviars since his return to the Philippines in September 1954. She detailed her attempts to reclaim custody of Angelo, all of which were met with refusal from the respondents. The respondents did not present any substantial evidence in their defense and later claimed that the child had been returned to Saigon.
Motion for Contempt
Maria Banzon subsequently filed a motion for contempt against the respondents, arguing that they violated the purpose of the habeas corpus proceedings by transferring custody of Angelo without a court order. During the motion's pendency, the respondents disclosed that Angelo had returned to Manila on April 11, 1955, and was then in the custody of Atty. Soledad Banzon, the child's aunt. They expressed their willingness to surrender the child to the lawful custodian as determined by the court.
Legal Determination
The principal issue before the court was the determination of who rightfully holds the care and custody of Angelo N. Banzon. Under Article 311 of the New Civil Code, both parents retain joint parental authority over their legitimate children. Additionally, Article 316 obligates parents to support and care for their unemancipated children, which firmly establishes the mother's right to custody, especially given that Colonel Banzon was unable to exercise par
...continue readingCase Syllabus (G.R. No. L-8806)
Case Overview
- The case concerns a petition filed by Maria N. Banzon seeking a writ of habeas corpus to regain custody of her minor son, Angelo N. Banzon, aged nine.
- Respondents include Pedro Alviar, Teresa Alviar, and Ruby Alviar, who are alleged to be unlawfully detaining the child.
- The petition arises from a dispute regarding the child's custody following his temporary stay with his father, Colonel Jose Banzon, stationed in Saigon.
Background Information
- Maria N. Banzon is the mother of Angelo N. Banzon, whose father, Colonel Jose Banzon, is currently serving as the Philippine Military Attaché in Saigon.
- In June 1954, Maria sent Angelo to Saigon for a vacation with his father, and he returned to the Philippines in September 1954 under the care of Ruby Alviar.
- Maria attempted multiple times to regain custody of Angelo from the Alviars, who refused to return him without a court order.
Respondents' Defense
- The respondents admitted to having custody of Angelo but claimed he was entrusted to them by his father, Colonel Jose Banzon.
- They asserted that they were providing for Angelo's education and upbringing in a manner befitting the son of a Colonel.
- During the trial, the respondents did not present any