CASE ARTICLE 49

Case: ARTICLE 49

REYNALDO ESPIRITU and GUILLERMA LAYUG vs. COURT OF APPEALS and TERESITA MASAUDING

G.R. No. 115460  :: 15 March 1995  :: MELO, J.

Facts:

Reynaldo Espiritu and Teresita Masauding first met in Iligan City.  Teresita left for Los Angeles to work as a nurse where she was able to acquire immigrant status sometime later.  Reynaldo was sent by his employer to Pittsburgh as its liaison officer.  Reynaldo and Teresita began to maintain a common-law relationship of husband and wife where a child was born, Rosalind Therese.  During their vacation in the Philippines, Reynaldo and Teresita got married and by the time they returned to the United States, Reginald Vince was born.  The relationship soon deteriorated and Teresita left her family to go back to California.  Because his assignment is not yet completed, Reynaldo had to leave his children with his sister, Guillerma Layug, in the Philippines.

Results of child psychology tests on Rosalind when she was five years old show that the child experiences great anxiety at the thought of having to go back to the U.S. to live with her mother.  She even stated in one of these tests that she saw her mother kissing a “bad” man who worked for her father.  Both children are now over seven years of age and prefer to stay with their father and aunt.

Issue:  Whether or not custody of the children should be awarded to the mother.

Held:

NO, AS BOTH CHILDREN ARE NOW OVER SEVEN YEARS OF AGE, THEIR CHOICE OF PARENT SHOULD BE GIVEN RESPECT BY THE COURT.

The rule that a child below seven years of age should not be separated from the mother, unless there are compelling reasons is not applicable in this case anymore.  As the children can now ascertain what is right and moral, the court should give due respect to their decision to stay with their father and aunt in the Philippines.  Furthermore, a mother’s constant flirtations from one man to another is considered by the court as a compelling reason not to award the children’s custody to her, for said behaviour forms an immoral environment especially to a growing child.  From all indications, Reynaldo is a fit person, thus meeting two requirements found in Article 213(1) of the Family Code.