In Tonog vs.

CA, the petitioner contends that she is entitled to the custody of the minor, Gardin
Faith, as a matter of law. The Supreme Court ruled that in custody disputes, it is axiomatic that
the paramount criterion is the welfare and well-being of the child. Meanwhile, the child should
not be wrenched from her familiar surroundings, and thrust into a strange environment away
from the people and places to which she had apparently formed an attachment.

In Hontiveros vs. IAC, the petitioner, the father herein, filed a petition for custody of minor
Margaux H. Hontiveros. The Court helds Article 363 of the Civil Code that provides: In all questions
on the care, custody, education and property of children, the latter's welfare shall be paramount. No
mother shall be separated from her child under seven years of age, unless the court finds compelling
reasons for such measure. The Code Commission observed that the rule in Article 363 of the Civil
Code is necessary "in order to avoid many a tragedy when a mother has seen her baby torn away
from her. No man can sound the deep sorrows of a mother who is deprived of her child of tender age

In Espiritu vs Court of appeals, this case concerns a seemingly void marriage and the two
victims were two children horn out of the same union. The court ruled that the seven-year age
limit was mechanically treated as an arbitrary cut off period and not a guide based on a strong
presumption. While the bonds between mother and her small child are special in nature, either
parent, whether the father or mother, is bound to suffer agony and pain if deprived of custody.
One cannot say that his or her suffering is greater than that of the other parent. It is not so much
the suffering, pride and other feelings of either parent but the welfare of the child which is the
paramount consideration. The Supreme court sustain the findings and conclusion of the
Regional Trial Court because it gave greater attention to the choice of Rosalinda and
considered in detail all the relevant factors bearing on the issue of custody.