Herald Black Dacasin v. Sharon · G.R. 168785

Petitioner: Herald Black Dacasin
Respondent: Sharon del Mundo Dacasin
Citation: G.R. No. 168785
Court: Supreme Court
Division: Second Division
Ponente: Carpio, J.
Decided: February 5, 2010

Summary

American petitioner sought enforcement of post-divorce joint custody agreement with Filipino ex-wife in Philippine court. RTC dismissed for lack of jurisdiction, citing Illinois court's retained jurisdiction and void agreement. Supreme Court reversed, holding RTC has jurisdiction over contract enforcement but agreement violates Family Code Article 213 requiring sole maternal custody for children under seven of separated spouses. Agreement void ab initio for contravening Philippine law. However, since child now nearly 15, case remanded for custody determination based on best interest standard rather than dismissal, demonstrating equity considerations in child custody proceedings.

Statutes applied

Civil Code, Art. 2035

Related cases

Other Philippine cases on the same provisions and issues.

Gaw Chin Ty v. Antonio Gaw Chua G.R. No. 212598
Dana S. Santos v. Leodegario R. Santos G.R. No. 214593
Estate of Arnulfo Sison v. Marie Arnulfa Castillo Sison G.R. No. 205843
Joanie Surposa Uy v. Jose Ngo Chua G.R. No. 183965
Virgilio Maquilan v. Dita Maquilan G.R. No. 155409

By the Intellegal Editorial Board · February 5, 2010

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