Silva v.

CA and Gonzales HELD:

KEYWORDS: Inherent and natural rights of parents overtheir children:Art. 150, FC:

Businessman-actress love child, child custody “family

DOCTRINE: relations include those betweenparents and children.

Included in parental authority is the ”

parent’s right to the company of the children. Art. 209, 220 of FC:

“the natural right and duty of parents

FACTS: and those exercising parental authorityto, among other things, keep
children intheir company and to give them loveand affection, advice and
- counsel,companionship and understanding.

”
Silva, a married businessman and Gonzales,an unmarried actress, had an
illicitrelationship from which two children wereborn. When the
relationship ended, Silvafiled for custodial rights of the children, 1987 Constitution: ‘natural and primary rights’
onallegation that Gonzales refused to allowhim the company of the
children on of parents in the rearing of the youth. Nothingin these provisions limit
such rights tolegitimate parent-children relationships.-
weekends; Gonzales’ counter

-claim: Silva
Laws on support and successional rights gobeyond legitimate family
engaged in ‘gambling and womanizing.’ members andencompass illegitimate relationships too.-

Declaration of nullity of marriages (Art. 49,FC) provides for appropriate

visitation rightsto parents not given custody of theirchildren.-
RTC: awarded Silva visitorial rights butdeprived him of taking the kids out
withoutwritten consent from the mother. Pending

Gonzales’ appeal, she married a Dutch The Supreme Court ruled that a few hoursspent with their father could
not bedetrimental to the children. Furthermore,
national and moved to Holland with thekids.-
“allegations of the mother against the

father (re: womanizing and gambling)cannot be taken as sufficient basis

CA: welfare of the child shall be theparamount consideration (PD 603,
Art. 8); asystem of rotation of custody (mother,weekdays, father, and
weekends) might notbe conducive to their upbringing, and thatArt. 3 of
the Child and Youth Welfare Code
provides: “every child has the right to be
to renderfather as unfit; allegations are a product of
the mother’s unfounded imagination; no
immoral man would take the trouble tospend on legal action to see his
illegitimate

brought up in an atmosphere of moralityand rectitude for the children.”

enrichment and the

strengthening of his character. (5)” and“Every child has the right to

protection RTC decision reinstated. Father’s visitorial

against exploitation, improper influences,hazards and other conditions rights restored.

orcircumstances prejudicial to his physical,mental, emotional, social and
moraldevelopment. (8

)” Best Interest of minor

children: deny visitorial/temporarycustodial rights to father. A home

with oneparent is more normal than two separatehomes. Art. 176, FC:
illegitimate childrenare under the parental authority and usethe
surname of their mother.

ISSUE:

WON the father is entitled to visitorialrights to his children? (The right

of access of anoncustodial parent to his or her child/children)