Dear PAO:

Five years ago, Jean and I had a custody battle over my illegitimate grandson. Unfortunately, I lost because the law grants parental authority over an illegitimate child to the mother. My son, who was the child’s father, has since passed away. Lately, I have heard that my grandson is being abused by his mother. My relatives are urging me to seek custody of my grandson. However, I am hesitant because I believe the decision on custody is final and absolute. Please guide me.

Tina

Dear Tina:

Time and again, all issues affecting a minor shall be decided in accordance with the “Best Interest Rule.” In Pablo-Gualberto v. Gualberto V, GR 154994, June 28, 2005, the Supreme Court, speaking through Chief Justice Artemio Panganiban, held that:

“The principle of ‘best interest of the child’ pervades Philippine cases involving adoption, guardianship, support, personal status, minors in conflict with the law, and child custody. In these cases, it has long been recognized that in choosing the parent to whom custody is given, the welfare of the minors should always be the paramount consideration. Courts are mandated to take into account all relevant circumstances that would have a bearing on the children’s well-being and development. Aside from the material resources and the moral and social situations of each parent, other factors may also be considered to ascertain which one has the capability to attend to the physical, educational, social and moral welfare of the children. Among these factors are the previous care and devotion shown by each of the parents; their religious background, moral uprightness, home environment and time availability; as well as the children’s emotional and educational needs.”

Correlative thereto, Section 14 of AM 03-04-04-SC dated April 22, 2003, or the Re: Proposed Rule On Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors, provides that:

“In awarding custody, the court shall consider the best interests of the minor and shall give paramount consideration to his material and moral welfare. The best interests of the minor refer to the totality of the circumstances and conditions as are most congenial to the survival, protection and feelings of security of the minor, encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the minor.”

Article 176 of the Family Code of the Philippines, as amended by Republic Act (RA) 9255, also provides that illegitimate children shall be under the parental authority of the mother; thus, the said provision of the law must be given effect in conjunction with the best interest of the child.

Even so, if the issue of custody over an illegitimate child has already been decided, the same may still be challenged if the best interest of the child is again in jeopardy. This finds support in the pronouncement of the court in Spouses Gabun et al. v. Stolk, Sr., GR 234660, June 26, 2023, where the Supreme Court, speaking through Justice Antonio Kho, Jr., stated:

“To be sure, the grant of substitute parental authority that includes custody to petitioners under Articles 214 and 216 of the Family Code is not final and absolute. As with support, the determination of who will exercise substitute parental authority and custody over a minor is not final and irrevocable. It may be subject to the proper determination of a court of competent jurisdiction, taking into consideration, among others, the parameters enumerated in Section 14 of the Rule on Custody of Minors, and the various measures provided under existing laws and rules, such as the conduct of a case study, in order to effectively and thoroughly facilitate the determination of the most suitable environment for the wellbeing and safety of the minor.”

Applying the aforecited decision to your situation, your assumption that the decision involving custody of your grandson is final and absolute is not correct. The court’s decision to award custody of your grandson to his mother five years ago is neither final nor irrevocable. Custody, like support, can be reevaluated by a competent court to serve the best interest of the child. If you can prove that he is actually being abused by his mother, the very person entrusted with his care and custody, the court may reconsider and potentially change the custody arrangement.

We hope that we have substantially answered your queries. This legal opinion is based on the facts you narrated and our appreciation of the same. Our opinion may vary if the facts were different, altered, changed, or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]