Case Summary (G.R. No. 235498)
RTC Ruling
On December 4, 2015, the RTC applied the tender-age presumption (Family Code, Article 213) to award custody to Renalyn, ruling that children under seven years must remain with their mother. The petition was dismissed for lack of merit. Upon reconsideration, the RTC reaffirmed its decision on January 7, 2016, citing the mother’s sole parental authority over an illegitimate child (Family Code, Article 176) and finding no credible evidence of maternal unfitness.
CA Ruling
The Court of Appeals set aside the RTC orders, remanding the case for a full evidentiary trial to determine whether Renalyn had neglected Queenie, thereby rebutting the tender-age presumption. Pending trial, the CA (a) maintained provisional custody with Renalyn, (b) granted Ricky James visitation rights (two days weekly), and (c) allowed him “temporary custody” once monthly for up to 24 hours.
Issue Before the Supreme Court
Whether the CA correctly remanded the case for trial on the custody issue and properly granted respondent temporary custody and visitation.
Procedural Lapse and Substantial Justice
Although petitioners filed their Supreme Court petition one day late, the Court waived the procedural lapse in favor of substantial justice, emphasizing that technical defects should not override the welfare of a child.
Custody Rights and Parental Authority
Parental authority over legitimate children is exercised jointly by both parents (Family Code, Article 211). For illegitimate children, sole parental authority vests in the mother (Family Code, Article 176). The writ of habeas corpus in custody cases assesses (1) the petitioner’s right to custody, (2) wrongful withholding, and (3) the child’s best interest.
Tender-Age Presumption and Compelling Reasons
Under Article 213 of the Family Code, no child under seven may be separated from the mother absent compelling reasons (e.g., neglect, abandonment, immorality). The CA correctly recognized that factual issues regarding maternal neglect must be resolved through trial before the tender-age presumption can be overcome.
Substitute Parental Authority and Actual Custodian
If the mother is unfit, substitute parental authority follows the order in Article 216: grandparents, eldest siblings, and then the actual custodian. As Queenie’s actual custodian before the dispute, Ricky James falls within this preference if both the mother and grandparents are deemed unfit—subject to the child’s best interest.
Best Interest of the Child and Trial Requirement
The Court underscored that custody disputes are equitable proceedings focused on the minor’s welfare. A full trial is indispensable to evaluate all relevant evidence before altering custody arrangements. The CA’s remand for trial is affirmed.
Visitation Rights and Temporary Custody
The appellate court erred by granting respondent limited temporary custody pre-t
Case Syllabus (G.R. No. 235498)
Background and Parties
- Petitioners: Renalyn A. Masbate and her parents, spouses Renato and Marlyn Masbate.
- Respondent: Ricky James Relucio, father of the minor Queenie Angel M. Relucio.
- Minor: Queenie Angel M. Relucio, born May 3, 2012, out of wedlock.
- Family situation: Parents never married; cohabited with maternal grandparents until April 2015.
- Custody dispute onset: On November 7, 2015, maternal grandparents took Queenie from school, presenting a Special Power of Attorney from Renalyn.
Facts of the Case
- April 2015: Renalyn left for Manila to study dentistry, allegedly leaving Queenie under Ricky James’s care.
- November 2015: Ricky James filed SP No. FC-15-239 (habeas corpus and custody) before the RTC after grandparents refused to return Queenie.
- December 3, 2015: RTC hearing where Renalyn appeared with Queenie and asserted her desire to retain custody.
Proceedings in the Regional Trial Court
- December 4, 2015 Order:
- Applied Family Code Art. 213 (tender-age rule) to award custody to Renalyn.
- Declared “Not give further due course” to Ricky James’s petition.
- January 7, 2016 Order:
- Denied Ricky James’s motion for reconsideration.
- Cited Art. 176 (sole maternal authority over illegitimate child).
- Found no proof of maternal unfitness.
Proceedings in the Court of Appeals
- Appeal issues (Ricky James):
- RTC failed to conduct full trial and receive evidence.
- Sole custody award ignored child’s best interest.
- No shared custody or visitation rights granted.
- Petitioners’ motion to dismiss appeal:
- No appeal lies from denial of motion for reconsideration.
- Illegitimate father has no custody right