Facts:
Petitioner Daisie David filed a petition for habeas corpus against respondent Villar because the latter refused to give back their child after a family outing in Boracay. Petitioner was the secretary of Villar and was impregnated by the latter. Villar was married to another woman. Trial Court granted custody to the mother and ordered Villar to support. CA reversed reasoning that this is not a proper case for habeas corpus.
Issue:
Should the father support and give back custody of his illegitimate child to the mother?
Ruling:
Yes.
(1) How is the support of the illegitimate child?
“shall be entitled to support in conformity with this Code” [Art 176] Court’s basis: Under Art. 204 of the Family Code, a person obliged to give support can fulfill his obligation either by paying the allowance fixed by the court or by receiving and maintaining in the family dwelling the person who is entitled to support unless, in the latter case, there is “a moral or legal obstacle thereto.”
Court order:
Ordered Villar to temporary support the petitioner in the amount of P3,000.00 a month, pending the filing of an action for support, after finding that private respondent did not give any support to his three children by Dasie, except the meager amount of P500.00 a week which he stopped giving them on June 23, 1992. He is a rich
(2) To whose will the custody of the child be?
The mother. At the time RTC decision, it’s mandatory that custody is to the mother because child was less than seven and mother was not unfit. At SC decision, child was beyond 7 and Under Art. 213 of the Family Code, courts must respect the “choice of the child over seven years of age”
Relation to Support of Illegitimate Child:
The father is obliged to support his illegitimate child without attaching any conditions, such as depriving the mother of the custody of the child.
Quintessence:
Indeed, if the father really loves his illegitimate child, he should not attach conditions to his granting of support which is his case, gain the custody of the child.
English