Espiritu vs CA

Espiritu vs. CA
GR 115640, March 15, 1995

FACTS:

Reynaldo Espiritu and Teresita Masanding began to maintain a common law

relationship of husband while in US. Teresita works as a nurse while
Reynaldo was sent by his empolyer, National Steel Corporation, to Pittsburgh
for a temporary post. They begot a child in 1986 named Rosalind. After a
year, they went back to the Philippines for a brief vacation when they also
got married. Subsequently, they had a second child named Reginald. In
1990, they decided to separate. Reynaldo pleaded for second chance but
instead of Teresita granting it, she left Reynaldo and the children and went
back to California. Reynaldo brought the children in the Philippines and left
them with his sister. When Teresita returned in the Philippines sometime in
1992, he filed a petition for a writ of habeas corpus against Reynaldo and his
sister to gain custody of the children.

ISSUE: WON the custody of the 2 children should be awarded to the mother.

HELD:

In cases of care, custody, education and property of children, the latters

welfare shall be the paramount concern and that even a child under 7 years
of age may be ordered to be separated from the mother for compelling
reasons. The presumption that the mother is the best custodian for a child
under seven years of age is strong but not conclusive. At the time the
judgment was rendered, the 2 children were both over 7 years of age. The
choice of the child to whom she preferred to stay must be considered. It is
evident in the records submitted that Rosalind chose to stay with his
father/aunt. She was found of suffering from emotional shock caused by her
mothers infidelity. Furthermore, there was nothing in the records to show
that Reynaldo is unfit well in fact he has been trying his best to give the
children the kind of attention and care which their mother is not in the
position to extend. On the other hand, the mothers conviction for the crime
of bigamy and her illicit relationship had already caused emotional
disturbances and personality conflicts at least with the daughter.

Hence, petition was granted. Custody of the minors was reinstated to their
father.