LEGAL SEPARATION

G.R. No. 115640 March 15, 1995 REYNALDO G.R. No. L-26435 March 4, 1927
ESPIRITU and GUILLERMA LAYUG, petitioners, JUANARIA FRANCISCO, plaintiff-appellant,
vs.
COURT OF APPEALS and TERESITA MASAUDING,
vs.
respondents. LOPE TAYAO, defendant-appellee.
Court to decide the issue of who, between the WON the plaintiff is entitled to a decree of
father and mother, is more suitable and better divorce in accordance with the Philippine
qualified in helping the children to grow into Divorce Law. whether or not the wife can
responsible, well-adjusted, and happy young secure a divorce from the husband, where
adulthood.
the latter has been convicted of adultery
Facts: and not of concubinage, although the acts
1. Reynaldo and Teresita are common law for which the husband was convicted of
husband and wife adultery may also constitute concubinage
2. Rosalind Therese, was born their marriage
before On October 7, 1987 then they had Facts:
Reginald Vince on January 12, 1988. 1. Juanaria Franciscoand Lope
2. they decided to separate sometime in 1990
Tayaocontracted marriage 1912. Then,
3. Teresita left Reynaldo and the children and
went back to California separated in 1917.
4. Reynaldo brought his children home to the 2. The husband was prosecuted of adultery
Philippines, but because his assignment in with a married woman named Bernardina
Pittsburgh was not yet completed in Pittsburgh. Medrano
He left his children with his sister, co-petitioner 3. Juanaria Francisco prayed that the bonds
Guillerma Layug and her family of matrimony between them be dissolved
5. Teresita claims that she did not immediately
but was was denied by Judge of First
follow her children because Reynaldo filed a
criminal case for bigamy Instance Revilla. Then she filed an appeal.
6. Teresita filed the petition for a writ of habeas Divorce Law
corpus against herein two petitioners to gain i. A petition for divorce can only be filed for
custody over the children adultery on the part of the wife or
7. the trial court dismissed the petition for concubinage on the part of the husband
habeas corpus. It suspended Teresita's parental ii."The divorce may be claimed only by the
authority over Rosalind and Reginald and
innocent spouse, provided there has been
declared Reynaldo to have sole parental
authority over them but with rights of visitation no condonation of or consent to the
to be agreed upon by the parties and to be adultery or concubinage
approved by the Court.
8. Court of Appeals per Justice Isnani, with Held :
Justices de Pano and Ibay-Somera concurring, the judgement appealed from must be
reversed the trial court's decision. It gave custody affirmed
to Teresita and visitation rights on weekends to
Reynaldo.
Ruling
Art. 363. In all questions on the care, custody,
education and property of the children, the
latter's welfare shall be paramount. No mother
shall be separated from her child under seven
years of age, unless the court finds compelling
reasons for such measure. *
Art. 213. In case of separation of the parents
parental authority shall be exercised by the
parent designated by the Court. The Court shall
take into account all relevant considerations,
especially the choice of the child over seven years
of age unless the parent chosen is unfit.
9. Rosalind and Reginald are now over seven
years of age
10. The children understand the unfortunate
shortcomings of their mother and have been
affected in their emotional growth by her
behavior. Affairs with another man*
RTC : Father CA : Mother
Held SC: Custody of the minors Rosalind and
Reginald Espiritu to their father