- Petitioner
- David
- Respondent
- Court of Appeals
- Citation
- G.R. No. 111180
- Court
- Supreme Court
- Decided
- November 16, 1995
Custody of illegitimate child Christopher J. through habeas corpus petition after father refused to return child following a family trip
Summary
This case involves a custody dispute over illegitimate child Christopher J. between his mother Daisie David and father Ramon Villar, a married businessman. After their intimate relationship produced three children, Villar took Christopher to Boracay and refused to return him. Daisie filed habeas corpus for the child's return. The RTC granted custody to the mother and ordered support, but the Court of Appeals reversed, holding habeas corpus improper for illegitimate child custody. The Supreme Court reversed the CA, establishing that habeas corpus is the proper remedy when a mother is unlawfully deprived of custody of her illegitimate child. Under the Family Code, illegitimate children are under the mother's sole parental authority, and children under seven cannot be separated from their mother absent compelling reasons. The decision reinforces maternal rights over illegitimate children and validates habeas corpus as appropriate relief for custody deprivation.
Intellegal Wiki · Key Holding
Habeas corpus is the proper remedy where a mother is deprived of the custody of her illegitimate child, who is under her sole parental authority (Article 176); a child under seven is not separated from the mother absent compelling reasons (Article 213).
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.