LEGAL SEPARATION

G.R. No. 79955 January 27, 1989 G.R. No. 79284 November 27, 1987
IN THE MATTER OF THE PETITION FOR A FROILAN C. GANDIONCO, petitioner,
WRIT OF HABEAS CORPUS OF MINOR vs.
ANGELIE ANNE C. CERVANTES, NELSON L. HON. SENEN C. PE�ARANDA, as Presiding
CERVANTES and ZENAIDA CARREON Judge of the Regional Trial Court of
CERVANTES, petitioners, Misamis Oriental, Branch 18, Cagayan de
vs. Oro City, and TERESITA S. GANDIONCO,
GINA CARREON FAJARDO and CONRADO respondents.
FAJARDO, respondents. Yolanda F. Lim for
petitioners. Voltaire C. Campomanes for A special civil action for certiorari, with
respondents application for injunction,
Facts: 1. ordering petitioner to pay support to
1. Conrado Fajardo and Gina Carreon, who private respondent (his wife) and their child
are common-law husband and wife has the 2. denying petitioner's motion to suspend
child Angelie Anne Cervantes hearings in the action for legal separation
2. Gina Carreon's sister and brother-in-law filed against him by private respondent as
took care and custody of the child when well as his motion to inhibit respondent
she was barely two (2) weeks old Judge from further hearing and trying the
3. Affidavit of Consent to the adoption was case.
secured Facts:
4. The appropriate petition for adoption 1. Teresita filed a complaint against
was filed and was granted. The then, petitioner for legal separation, on the
Angelie Anne Fajardo, now is Angelie Anne ground of concubinage, with a petition for
Cervantes. support and payment of damages.
5. the parents demanded for P150,000.00, 2. The respondent judgeordered The
they get the child from the petitioner’s payment of support pendente lite.
abode then said to return Angelie if paid. 3. Petitioner contends that the civil action
for legal separation and the incidents
Issue: consequent thereto, such as, application for
support pendente lite, should be suspended
Ruling in view of the criminal case for
The provision that no mother shall be concubinage.
separated from a child under five (5) years Issue: WON civil case be suspended at the
of age, will not apply where the Court finds commencement of criminal case
compelling reasons to rule otherwise. 5 In SEC. 3. Other Civil action arising from
all controversies regarding the custody of offenses.
minors, the foremost consideration is the After a criminal action has been
moral, physical and social welfare of the commenced the pending civil action arising
child concerned, taking into account the from the same offense shall be suspended,
resources and moral as well as social in whatever stage it may be found, until
standing of the contending parents. final judgment in the criminal proceeding
A decree of adoption has the effect, among has been rendered
others, of dissolving the authority vested in Court : a civil action for legal separation,
natural parents over the adopted child based on concubinage, may proceed ahead
The adopting parents have the right to the of, or simultaneously with, a criminal action
care and custody of the adopted child 8 for concubinage, because said civil action is
and exercise parental authority and
responsibility over him
Held
Petition is GRANTED
not one "to enforce the civil liability arising
from the offense" even if both the civil and
criminal actions arise from or are related to
the same offense
Held
instant petition is hereby DISMISSEd