1) Reynaldo and Teresita had two children together but later separated, with Reynaldo bringing the children back to live with his sister in the Philippines.
2) Teresita filed a writ of habeas corpus to gain custody of the children.
3) The court ruled against Teresita obtaining custody, as both children were now over 7 years old and expressed a preference to live with their father, who was deemed a fit parent under the Family Code.
1) Reynaldo and Teresita had two children together but later separated, with Reynaldo bringing the children back to live with his sister in the Philippines.
2) Teresita filed a writ of habeas corpus to gain custody of the children.
3) The court ruled against Teresita obtaining custody, as both children were now over 7 years old and expressed a preference to live with their father, who was deemed a fit parent under the Family Code.
1) Reynaldo and Teresita had two children together but later separated, with Reynaldo bringing the children back to live with his sister in the Philippines.
2) Teresita filed a writ of habeas corpus to gain custody of the children.
3) The court ruled against Teresita obtaining custody, as both children were now over 7 years old and expressed a preference to live with their father, who was deemed a fit parent under the Family Code.
1) Reynaldo and Teresita had two children together but later separated, with Reynaldo bringing the children back to live with his sister in the Philippines.
2) Teresita filed a writ of habeas corpus to gain custody of the children.
3) The court ruled against Teresita obtaining custody, as both children were now over 7 years old and expressed a preference to live with their father, who was deemed a fit parent under the Family Code.
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Espiritu vs CA
242 SCRA 362 | March 15, 1995
J. Melo
Facts: Reynaldo and Teresita began to maintain a common law relationship of husband and wife. On 1986, their daughter, Rosalind Therese, was born. On 1987, while in the Philippines, they got married, and upon their return to the United States, their second child, a son, this time, and given the name Reginald Vince, was born on 1988.
The relationship of the couple deteriorated until they decided to separate sometime in 1990. Teresita left and went back to California. Reynaldo brought his children home to the Philippines, but was sent back by his company to Pittsburgh. He had to leave his children with his sister, co-petitioner Guillerma Layug and her family. Teresita, meanwhile, decided to return to the Philippines and on 1992 and filed the petition for a writ of habeas corpus against herein two petitioners to gain custody over the children.
Issue:
Can Teresita obtain legal custody over the children?
Held:
No, the children are now both over seven years old. Their choice of the parent with whom they prefer to stay is clear from the record. From all indications, Reynaldo is a fit person, thus meeting the two requirements found in the first paragraph of Article 213 of the Family Code. The presumption under the second paragraph of said article no longer applies as the children are over seven years. The children understand the unfortunate shortcomings of their mother and have been affected in their emotional growth by her behavior.
