Case Summary (G.R. No. 79955)
Applicable Law
This case is primarily governed by the provisions of the Family Code of the Philippines, specifically relating to adoption and custody, as well as the relevant provisions of the New Civil Code, particularly Article 363, as amended by Presidential Decree No. 603, which outlines the importance of the welfare of minors in custody disputes.
Background of Adoption Proceedings
The minor Angelie Anne Cervantes was born on February 14, 1987, to respondents Conrado and Gina Fajardo, who were living in a common-law partnership. In April 1987, the respondents consented to the adoption of Angelie by the petitioners and executed an affidavit of consent. Subsequently, the petitioners filed for the adoption of Angelie, and the Regional Trial Court of Rizal granted the petition on August 20, 1987. The court's decision recognized the petitioners as the legal parents of the child and severed the parental rights of the natural parents.
Conflict Over Custody
In March or April 1987, a conflict arose when the respondents demanded a payment of P150,000 from the petitioners in exchange for relinquishing custody of the child. The petitioners refused the demand. On September 11, 1987, Gina Carreon forcibly took Angelie from the petitioners' residence while they were away, claiming she was instructed to do so by her mother. Following this, the petitioners demanded the return of the child, but the respondents insisted on their demand for payment and expressed their desire to resume custody, contending that their affidavit of consent had not been thoroughly explained.
Social Worker’s Testimony
Felisa Tansingco, a social worker involved in the adoption process, testified that during an interview with Gina Carreon, the latter had expressed a clear desire for the child to be adopted by the petitioners. The social worker's testimony, recorded on October 27, 1987, indicated that Gina's initial consent for the adoption was informed and voluntary, contrary to her later claims.
Evaluation of Best Interests of the Child
In considering the welfare of Angelie, the court reaffirmed that a child’s best interests should be the fundamental criterion in custody disputes. The court emphasized that compelling reasons must exist to uphold the separation of a mother and child under five years of age. A critical observation made was the unsatisfactory living arrangements the child would have with the respondents, particularly given Conrado Fajardo's existing marriage with another woman and Gina Carreon’s past relationship and its implications on the child's moral upbringing.
Court’s Resolution
The court recognized the petitioners’ fitness as adoptive parents due to their stable marital status and overall capacity to pr
...continue readingCase Syllabus (G.R. No. 79955)
Case Background
- The case involves a petition for a writ of habeas corpus concerning the minor Angelie Anne Cervantes.
- The petitioners are Nelson L. Cervantes and Zenaida Carreon Cervantes, who seek custody of the child.
- The respondents are Conrado Fajardo and Gina Carreon, the biological parents of the child.
- The minor was born on February 14, 1987, to respondents who are in a common-law relationship.
Adoption Proceedings
- The respondents offered the child for adoption to petitioners, who took custody when the child was just two weeks old.
- An Affidavit of Consent to the adoption was executed by Gina Carreon on April 29, 1987.
- Petitioners filed a petition for adoption (Sp. Proc. No. 057-B) with the Regional Trial Court of Rizal.
- The court granted the adoption on August 20, 1987, officially changing the child's name to Angelie Anne Cervantes and freeing her from the parental authority of her natural parents.
Conflict and Kidnapping Allegation
- In March or April 1987, the respondents demanded P150,000 from the petitioners, threatening to reclaim the child if their demand was not met.
- On September 11, 1987, while the petitioners were away, Gina Carreon took Angelie from the petitioners' ho