252) Briones v Miguel

Topic: Rights of illegitimate children FC 173, 172, 175-176 Briones v. Miguel [G.R. No. 156343] Petitioner: Joe !" #riones Respondents: $aricel %" $ig&el, Francisca %" $ig&el and 'oreta %" $ig&el Fats:

1" %etiti %etition oner er Joe Joe #rion #riones es files a petit petition ion for (a)eas (a)eas Corp&s Corp&s again against st respondents $aricel and Francisca to o)tain c&stod of his minor  child $ichael *e+in %ineda" 2" The petit petitione ionerr alleges alleges the follo folloing ing:: a" That $ichael $ichael *e+in *e+in is his his illegitim illegitimate ate son ith ith responden respondentt 'oreta"  )" That respondent 'oreta 'oreta is no married to a Japanese national national and is presentl residing in Japan c" That That he too too care of $ichae $ichaell *e+in *e+in and sent sent him to %re%reschool d" That in 2..1, 2..1, responde respondents nts $aricel $aricel and Franci Francisca sca came came to his ho&se for a +isit and re/&ested that the )e alloed to )ring $ichael *e+in for recreation ith the promise to )ring him  )ac that same da" (oe+er, the respondents respondents did not )ring $ichael *e+in )ac  e" That That he ent ent se+e se+era rall tim times to resp respon onde dent ntss $ari $arice cell and and Francisca )&t as told that the minor child as ith his mother  f" That he he also so&gh so&ghtt assistanc assistancee ith the the police police and and the !0! !0! to locate his son )&t all his efforts ere &ns&ccessf&l" 3" %etiti %etition oner er pras pras that the c&stod c&stod  of his son )e gi+en gi+en to him as his  )iological father and as he has demonstrated his capa)ilit to s&pport him " There Thereaft after er,, respon responden dents ts filed filed their their Comme Comment" nt" Respon Responden dentt 'oreta 'oreta denies petitioners allegations" 0he a+erred the folloing: a" That That she as the one one ho ho too too $ich $ichae aell *e+i *e+in n from from the the  petitioner ith his consent consent

 )" That in 2..1, 2..1, the petitioner petitioner as deported from from Japan hen hen he as fo&nd to ha+e +iolated Japan las c" That the the petitione petitionerr has not )een )een gainf&ll gainf&ll emplo emploed ed since his his arri+al in the %hilippines d" That That the petit petition ioner er as maint maintain aining ing an illici illicitt affair affair ith another oman in Japan 5" Responde Respondent nt pras pras that the c&stod c&stod of $ichael $ichael *e+in *e+in )e gi+en to her  her  in+oing 4rticle 213 %aragraph 2 of the FC and 4rticle 363 of the Ci+il Code 6" C4 r&led that the c&stod of $ichael *e+in )e )e aarded to to his mother, mother, respo responde ndent nt 'oret 'oreta" a" C4 applied applied 4rtic 4rticle le 213 213 %ar %ar 2 of the FC" (oe+er, petitioner as granted +isitorial rights" !ssue: hether or not the C4 erred in r&ling that the c&stod of the minor child )e gi+en to respondent 'oreta mother of the minor "eld:

1" o" o" Regard Regardles lesss of heth hether er the father father admits admits paterni paternit t,, the the mino minor, r, ha+ing )een )orn o&tside a +alid marriage is deemed an illegitimate child child of petition petitioner er and respondent respondent 'oreta" 4rticle 4rticle 176 of the FC  pro+ides that: “Illegitimate children shall use the surname and shall  be under the parental parental authority of their mother, and shall be entitled  to support in conformity with this Code.” 2" Th&s, Th&s, 'oreta, 'oreta, )eing the mother mother and ha+ing ha+ing sole sole parental parental a&thorit a&thorit o+er the minor, is entitled to ha+e c&stod of him" 'ieise, there is no shoing at all that the respondent is &nfit to tae charge of their  son" 3" (oe+er, (oe+er, the Co&rt modified the assailed assailed decision concerning concerning the child to )e alloed to choose hich parent to li+e &pon reaching ten 1. ears of age is deleted since it has )een esta)lished that petitioner  and 'oreta ere ne+er married"