Cervantes v. Fajardo
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the custody of a minor child, Angelie Anne Cervantes, born on February 14, 1987. The child's natural parents, respondents Gina Carreon and Conrado Fajardo (who is married to another woman), offered the child for adoption to Gina Carreon's sister and brother-in-law, the petitioners Nelson and Zenaida Cervantes. The petitioners took custody of the child when she was two weeks old. Subsequently, the respondents demanded P150,000.00 from the petitioners for the return of the child, threatening to reclaim her if the payment was not made. The respondent Gina Carreon later took the child from the petitioners' residence, claiming she had instructions to do so, and refused to return the child, reiterating the demand for payment and stating her desire to withdraw the consent for adoption. 2. Procedural History: The petitioners, Nelson and Zenaida Cervantes, filed a petition for adoption (Sp. Proc. No. 057-B) for the minor Angelie Anne Fajardo (later known as Angelie Anne Cervantes) before the Regional Trial Court of Rizal, Fourth Judicial District, Branch 67. This court granted the adoption petition on August 20, 1987, freeing the child from the parental authority of her natural parents and establishing her as the legal child of the petitioners. Following the abduction of the child by the respondent Gina Carreon, the petitioners filed a petition for a writ of habeas corpus with the Supreme Court. The Supreme Court issued the writ, returnable to the Executive Judge of the Regional Trial Court of Pasig, who was directed to hear the case and submit a report and recommendation. The Executive Judge submitted his report and recommendation on December 3, 1987. 3. The Petition: This case comes before the Supreme Court via a petition for a writ of habeas corpus filed by Nelson L. Cervantes and Zenaida Carreon Cervantes, seeking the return of the minor Angelie Anne C. Cervantes. The petitioners argue that the child's welfare is paramount and that their legally married status, coupled with their financial and social capabilities, provides a better environment for the child's upbringing compared to the respondents' common-law relationship and the mother's circumstances. They also emphasize that the child has already been legally adopted by them with the full knowledge and consent of the respondents, and that a decree of adoption dissolves the authority of natural parents. The petition seeks to enforce the custody rights established by the adoption decree and to secure the immediate return of the child.
Issue(s)
Whether the welfare of the minor Angelie Anne Cervantes is best served by granting custody to the petitioners or the respondents. Whether the decree of adoption, granted with the consent of the natural mother, is valid and binding.
Ruling
The Petition is GRANTED. The custody and care of the minor Angelie Anne Cervantes are hereby granted to petitioners to whom they properly belong, and respondents are ordered to deliver said minor to the petitioners immediately upon notice hereof. This resolution is immediately executory.
Ratio Decidendi
On the welfare of the minor: The Court reiterated the principle that in all cases involving the custody, care, education, and property of children, their welfare is paramount. This principle supersedes the provision that a mother shall not be separated from a child under five years of age if compelling reasons exist. The Court found that the respondent Conrado Fajardo is legally married to another woman, and his relationship with respondent Gina Carreon is a common-law relationship. This environment would not provide the desirable atmosphere for the minor's development into an upright and moral person. Furthermore, Gina Carreon had a previous child with another married man who abandoned her, and the Court noted that the minor growing up with a half-sister whose father is not her own could affect her moral outlook and values. In contrast, the petitioners, who are legally married, were found to be morally, physically, financially, and socially capable of supporting the minor and providing her a better future than the natural mother, who is jobless and maintains an illicit relationship with a married man. On the validity of the adoption decree: The Court affirmed that the minor had been legally adopted by the petitioners with the full knowledge and consent of the respondents. A decree of adoption has the effect of dissolving the parental authority of the natural parents over the adopted child, except in specific circumstances not present here. The Court cited Article 39 of PD 603, which states that the decree of adoption dissolves the parental authority of the natural parents. The adopting parents, as per Article 189, paragraph (2) of the Family Code of the Philippines (Executive Order No. 209 as amended by Executive Order No. 227), have the right to the care and custody of the adopted child and exercise parental authority and responsibility over them, as provided in Article 17 of PD 603. The affidavit of consent executed by Gina Carreon, despite her later claims, was considered in conjunction with the overall welfare of the child and the established facts regarding the respondents' circumstances.
Main Doctrine
In all cases involving the custody, care, education and property of children, the latter's welfare is paramount. The provision that no mother shall be separated from a child under five (5) years of age, will not apply where the Court finds compelling reasons to rule otherwise. In all controversies regarding the custody of minors, the foremost consideration is the moral, physical and social welfare of the child concerned, taking into account the resources and moral as well as social standing of the contending parents.