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.

Statutes applied

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By the Intellegal Editorial Board · November 16, 1995

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