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    Espiritu v. CA and Masauding G.R. No. 115640, March 15, 1995

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    Shari Realce Ande
    The Supreme Court overturned the Court of Appeals decision to grant full parental authority to the mother, Teresita Masauding. The trial court originally awarded full parental authority to the father, Reynaldo Espiritu, after Teresita left the family home and children to pursue a relationship with another man. While the law presumes the mother is the best custodian for children under 7, this can be overcome by compelling reasons. The children in this case were now over 7 and expressed their preference to stay with their father. Their emotional development was also negatively impacted by their mother's behavior. Therefore, the trial court's decision was upheld based on the children's best interests and welfare.

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    Espiritu v. CA and Masauding G.R. No. 115640, March 15, 1995

    Uploaded by

    Shari Realce Ande
    57 views1 page
    The Supreme Court overturned the Court of Appeals decision to grant full parental authority to the mother, Teresita Masauding. The trial court originally awarded full parental authority to the father, Reynaldo Espiritu, after Teresita left the family home and children to pursue a relationship with another man. While the law presumes the mother is the best custodian for children under 7, this can be overcome by compelling reasons. The children in this case were now over 7 and expressed their preference to stay with their father. Their emotional development was also negatively impacted by their mother's behavior. Therefore, the trial court's decision was upheld based on the children's best interests and welfare.

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    42. Espiritu v CA.docx

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    The Supreme Court overturned the Court of Appeals decision to grant full parental authority to the mother, Teresita Masauding. The trial court originally awarded full parental authority to the father, Reynaldo Espiritu, after Teresita left the family home and children to pursue a relationship with another man. While the law presumes the mother is the best custodian for children under 7, this can be overcome by compelling reasons. The children in this case were now over 7 and expressed their preference to stay with their father. Their emotional development was also negatively impacted by their mother's behavior. Therefore, the trial court's decision was upheld based on the children's best interests and welfare.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views1 page

    Espiritu v. CA and Masauding G.R. No. 115640, March 15, 1995

    Uploaded by

    Shari Realce Ande
    The Supreme Court overturned the Court of Appeals decision to grant full parental authority to the mother, Teresita Masauding. The trial court originally awarded full parental authority to the father, Reynaldo Espiritu, after Teresita left the family home and children to pursue a relationship with another man. While the law presumes the mother is the best custodian for children under 7, this can be overcome by compelling reasons. The children in this case were now over 7 and expressed their preference to stay with their father. Their emotional development was also negatively impacted by their mother's behavior. Therefore, the trial court's decision was upheld based on the children's best interests and welfare.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Espiritu v.

    CA and Masauding
    G.R. No. 115640, March 15, 1995
    Melo, J.

    FACTS:
    Respondent Teresita Masauding filed a petitioner for habeas corpus against petitioners
    Reynaldo Espiritu and Teresita Layug to gain custody over her 2 children with Reynaldo.

    Reynaldo and Teresita’s marriage deteriorated until they decided to separate. During the
    marriage, Teresita entered into an illicit relationship with Perdencio right there in the
    family home in Pittsburg. The record shows that the daughter suffered emotional
    disturbance caused by the traumatic effect of seeing her mother hugging and kissing a
    boarder in their house. The record also shows that it was Teresita who left the conjugal
    home and the children, bound for California. When Perdencio was reassigned to the
    Philippines, Teresita followed him and was seen in his company in a Cebu hotel. Instead
    of giving their marriage a second chance as allegedly pleaded by Reynaldo, Teresita left
    Reynaldo and the children and went back to California. She claims, however, that she
    spent a lot of money on long distance telephone calls to keep in constant touch with her
    children.

    The RTC awarded full parental authority in favor of Reynaldo but on appeal, the CA
    reversed the judgment and gave full parental authority to Teresita.

    ISSUE:
    Is the CA correct in reversing the decision of the RTC based on Art. 363?

    HELD:
    In ascertaining the welfare and best interests of the child, courts are mandated by the
    Family Code to take into account all relevant considerations. If a child is under seven
    years of age, Art. 363 presumes that the mother is the best custodian. The presumption
    is strong but it is not conclusive. It can be overcome by "compelling reasons". If a child is
    over seven, his choice is paramount but, again, the court is not bound by that choice. In
    its discretion, the court may find the chosen parent unfit and award custody to the other
    parent, or even to a third party as it deems fit under the circumstances.

    The law is more than satisfied by the judgment of the trial court. 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 FC. The presumption
    under the second paragraph of said article no longer applies as the children are over
    seven years. Assuming that the presumption should have persuasive value for children
    only one or two years beyond the age of seven years mentioned in the statute, there are
    compelling reasons and relevant considerations not to grant custody to the mother. The
    children understand the unfortunate shortcomings of their mother and have been
    affected in their emotional growth by her behavior.

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