Case Summary (G.R. No. 219755)
Background of the Case
The dispute revolves around the custody of Gardin Faith Belarde Tonog, an illegitimate child born to petitioner Dinah B. Tonog and private respondent Edgar V. Daguimol on September 23, 1989. Initially, after her birth, the child was cared for by Daguimol and his family when Tonog moved to the United States for work as a registered nurse.
Judicial Proceedings History
On January 10, 1992, Daguimol filed for guardianship over Gardin Faith in the Regional Trial Court of Quezon City, leading to a judgment on March 9, 1992, appointing him as the legal guardian. Tonog became aware of this ruling only on April 1, 1992, prompting her to seek relief from judgment. The trial court granted her motion, allowing her to contest the guardianship on September 15, 1992.
Trial Court Resolutions
The trial court ultimately ruled in favor of Tonog, granting her custody over Gardin Faith via a resolution on November 18, 1994. However, Daguimol sought to challenge this decision through a petition for certiorari, which was initially dismissed by the Court of Appeals on March 21, 1995. Subsequently, Daguimol's motion for reconsideration resulted in a modified decision on August 29, 1995, awarding physical custody to Daguimol.
Grounds for Custody Contest
Tonog argued that, as the mother of Gardin Faith, she held legal rights to custody under the presumption enshrined in law, particularly claiming that no child under seven should be separated from the mother without compelling reasons. By the time of the appeal, Gardin Faith was twelve, prompting the need to evaluate her welfare and preferences in custody discussions.
Legal Principles Involved
The ruling emphasized the paramount criterion of the child's welfare in custodial disputes, invoking the Family Code provisions addressing parental authority. Relevant articles affirm that illegitimate children remain under maternal authority, and the law generally presumes a mother's capability as the primary custodian of her child.
Court Findings
The court acknowledged the potential emotional impact of transferring custody from Tonog to Daguimol. It ruled that disrupting Gardin Faith's familiar environment for the sake of a change in custody could be detrimental until a definitive legal resolution occurred regarding her guardianship.
Conclusion of the Ruling
Ultimately, the petit
...continue readingCase Syllabus (G.R. No. 219755)
Case Overview
- The case revolves around a petition for review on certiorari filed by Dinah B. Tonog against the Court of Appeals and Edgar V. Daguimol concerning the custody of their minor child, Gardin Faith Belarde Tonog.
- The petition seeks to reverse two resolutions issued by the Court of Appeals, which modified a previous decision regarding custody and subsequently denied a motion for reconsideration.
Background Facts
- Dinah B. Tonog gave birth to Gardin Faith on September 23, 1989, as an illegitimate child with Edgar V. Daguimol.
- At the time of Gardin Faith's birth, Dinah was a nursing student and Edgar was a licensed physician.
- After living together for a time with Edgar’s family in Quezon City, Dinah left for the United States in 1990, leaving Gardin Faith under the care of Edgar and his parents.
- Edgar filed a petition for guardianship over Gardin Faith on January 10, 1992, which resulted in a trial court decision appointing him as her legal guardian on March 9, 1992.
- Dinah only learned of this judgment on April 1, 1992, prompting her to file a petition for relief from judgment on May 27, 1992.
- Following a series of motions and resolutions, the trial court granted Dinah's motion for custody on November 18, 1994.
Court of Appeals Proceedings
- Edgar subsequently filed a petition for certiorari with the Court of Appeals, which initially dismissed it for lack of merit on March 21, 1995.
- However, after Edgar's motion for reconsideration,