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NERISSA Z. PEREZ v. CA

This case has been cited 4 times or more.

	AM No. RTJ-12-2326 2013-01-30	GEOFFREY BECKETT v. JUDGE OLEGARIO R. SARMIENTO VELASCO JR., J.
Now to another point. In disputes concerning post-separation custody over a minor, the well-settled rule is that no child under seven (7) years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.[14] And if already over 7 years of age, the child's choice as to which of his parents he prefers to be under custody shall be respected, unless the parent chosen proves to be unfit.[15] Finally, in Perez v. Court of Appeals,[16] We held that in custody cases, the foremost consideration is always the welfare and best interest of the child, as reflected in no less than the U.N. Convention on the Rights of the Child which provides that "[i]n all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration."[17]
	GR NO. 154994 AND 156254 2005-06-28	JOYCELYN PABLO-GUALBERTO v. CRISANTO RAFAELITO GUALBERTO V PANGANIBAN, J.
This Court has held that when the parents are separated, legally or otherwise, the foregoing provision governs the custody of their child.[32] Article 213 takes its bearing from Article 363 of the Civil Code, which reads:"Art. 363. In all questions on the care, custody, education and property of 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."(Italics supplied)
	GR No. 156343 2004-10-18	JOEY D. BRIONES v. MARICEL P. MIGUEL PANGANIBAN, J.
Only the most compelling of reasons, such as the mother's unfitness to exercise sole parental authority, shall justify her deprivation of parental authority and the award of custody to someone else.[30] In the past, the following grounds have been considered ample justification to deprive a mother of custody and parental authority: neglect or abandonment,[31] unemployment, immorality,[32] habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable disease.