Lacson case

Was the assailed compromise agreementand the judgment of the CFI grounded on said
agreementconformable to law?

YESbut only as far as the separation of property of spouses and the dissolution ofthe
conjugal partnership, in accordance with Article 191 of the Civil Code. The spouses did not
appear tohave any creditors who would have been prejudiced by their arrangement. At the
time of the decision thespouses had been separated five years and so the propriety of
severing their financial and proprietaryinterests was manifest.

(However, the Court maintained that approving the separation of property anddissolution of
conjugal partnership did not amount to recognition or legalization of de facto separation.)

As to the custody of the children, they were all below 7 years of age at the time of the
agreement and sothe CA was correct in awarding the custody to the mother. The Court was
also loath to uphold the couples agreement regarding the custody of the children, citing
rights of the children to proper care notanchored on the solely on the whims of his or her
parents. Courts must decide fitness of parents for custody.