Silva v.

CA and Gonzales

ISSUE:

G.R.No. 114742 ll Jul. 17, 1997 ll Vitug, J.

WON the father is entitled to visitorialrights to his

children? (The right of access of anoncustodial parent to
his or her child/children)

KEYWORDS:
Businessman-actress love child, child custody
DOCTRINE:
Included in parental authority is the
parents right to the company of the children.

HELD:
Inherent and natural rights of parents overtheir
children:Art. 150, FC:
family
relations include those betweenparents and children.

FACTS:
-

Art. 209, 220 of FC:

the natural right and duty of parents

Silva, a married businessman and Gonzales,an unmarried

actress, had an illicitrelationship from which two children
wereborn. When the relationship ended, Silvafiled for
custodial rights of the children, onallegation that Gonzales
refused to allowhim the company of the children on

and those exercising parental authorityto, among other

things, keep children intheir company and to give them
loveand affection, advice and counsel,companionship and
understanding.

weekends; Gonzales counter

-claim: Silva

1987 Constitution: natural and primary rights

engaged in gambling and womanizing.

of parents in the rearing of the youth. Nothingin these

provisions limit such rights tolegitimate parent-children
relationships.-

RTC: awarded Silva visitorial rights butdeprived him of

taking the kids out withoutwritten consent from the
mother. Pending

Laws on support and successional rights gobeyond

legitimate family members andencompass illegitimate
relationships too.-

Gonzales appeal, she married a Dutch

national and moved to Holland with thekids.-

CA: welfare of the child shall be theparamount

consideration (PD 603, Art. 8); asystem of rotation of
custody (mother,weekdays, father, and weekends) might
notbe conducive to their upbringing, and thatArt. 3 of the
Child and Youth Welfare Code
provides: every child has the right to be
brought up in an atmosphere of moralityand rectitude for
the enrichment and the
strengthening of his character. (5) andEvery child has
the right to protection
against exploitation, improper influences,hazards and
other conditions orcircumstances prejudicial to his
physical,mental, emotional, social and moraldevelopment.
(8

Declaration of nullity of marriages (Art. 49,FC) provides for

appropriate visitation rightsto parents not given custody of
theirchildren.-

The Supreme Court ruled that a few hoursspent with their

father could not bedetrimental to the children.
Furthermore,
allegations of the mother against the
father (re: womanizing and gambling)cannot be taken as
sufficient basis to renderfather as unfit; allegations are a
product of
the mothers unfounded imagination; no
immoral man would take the trouble tospend on legal
action to see his illegitimate
children.

) Best Interest of minor

children: deny visitorial/temporarycustodial rights to
father. A home with oneparent is more normal than two
separatehomes. Art. 176, FC: illegitimate childrenare
under the parental authority and usethe surname of their
mother.

RTC decision reinstated. Fathers visitorial

rights restored.