- Petitioner
- Alag
- Respondent
- Villamor
- Citation
- G.R. No. 250849
- Court
- Supreme Court
- Decided
- March 9, 2020
Child custody dispute between father and mother of illegitimate children
Summary
Pedro V. Alag, Jr. sought sole custody of his two illegitimate daughters from their mother Genevie B. Villamor, who was working abroad while the children lived with her parents. The Supreme Court dismissed Pedro's petition for being filed beyond the 15-day reglementary period and for lack of merit. The Court upheld the Family Code provision that illegitimate children remain under their mother's parental authority unless compelling reasons show maternal unfitness. Pedro failed to prove abandonment or demonstrate that Genevie was unfit, as her overseas work was justified for providing the children's needs. The decision reinforces that the best interests of the child remain paramount in custody disputes, and maternal parental authority over illegitimate children can only be overcome by clear evidence of unfitness.
Intellegal Wiki · Key Holding
An illegitimate child is under the parental authority of the mother (Family Code Article 176); custody is not given to the father absent proof of the mother's unfitness.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.