Legal Separation Digest

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  LEGAL SEPARATION G.R. No. 115640 March 15, 1995 REYNALDO ESPIRITU and GUILLERMA LAYUG, petitioners, vs. COURT OF APPEALS and TERESITA MASAUDING, respondents. Court to decide the issue of who, between the father and mother, is more suitable and better qualified in helping the children to grow into responsible, well-adjusted, and happy young adulthood. Facts: 1. Reynaldo and Teresita are common law husband and wife 2. Rosalind Therese, was born their marriage before On October 7, 1987 then they had Reginald Vince on January 12, 1988. 2. they decided to separate sometime in 1990 3. Teresita left Reynaldo and the children and went back to California 4. Reynaldo brought his children home to the Philippines, but because his assignment in Pittsburgh was not yet completed in Pittsburgh. He left his children with his sister, co-petitioner Guillerma Layug and her family 5. Teresita claims that she did not immediately follow her children because Reynaldo filed a criminal case for bigamy 6. Teresita filed the petition for a writ of habeas corpus against herein two petitioners to gain custody over the children 7. the trial court dismissed the petition for habeas corpus. It suspended Teresita's parental authority over Rosalind and Reginald and declared Reynaldo to have sole parental authority over them but with rights of visitation to be agreed upon by the parties and to be approved by the Court. 8. Court of Appeals per Justice Isnani, with Justices de Pano and Ibay-Somera concurring, reversed the trial court's decision. It gave custody to Teresita and visitation rights on weekends to Reynaldo. Ruling Art. 363. In all questions on the care, custody, education and property of the 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. * Art. 213. In case of separation of the parents parental authority shall be exercised by the parent designated by the Court. The Court shall G.R. No. L-26435 March 4, 1927 JUANARIA FRANCISCO, plaintiff-appellant, vs. LOPE TAYAO, defendant-appellee. WON the plaintiff is entitled to a decree of divorce in accordance with the Philippine Divorce Law. whether or not the wife can secure a divorce from the husband, where the latter has been convicted of adultery and not of concubinage, although the acts for which the husband was convicted of adultery may also constitute concubinage Facts: 1. Juanaria Franciscoand Lope Tayaocontracted marriage 1912. Then, separated in 1917. 2. The husband was prosecuted of adultery with a married woman named Bernardina Medrano 3. Juanaria Francisco prayed that the bonds of matrimony between them be dissolved but was was denied by Judge of First Instance Revilla. Then she filed an appeal. Divorce Law i. A petition for divorce can only be filed for adultery on the part of the wife or concubinage on the part of the husband ii. The divorce may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage Held : the judgement appealed from must be affirmed  take into account all relevant considerations, especially the choice of the child over seven years of age unless the parent chosen is unfit. 9. Rosalind and Reginald are now over seven years of age 10. The children understand the unfortunate shortcomings of their mother and have been affected in their emotional growth by her behavior. Affairs with another man* RTC : Father CA : Mother Held SC: Custody of the minors Rosalind and Reginald Espiritu to their father
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