This case has been cited 2 times or more.
|
2014-01-13 |
IN MATTER OF PETITION FOR HABEAS CORPUS OF MINOR SHANG KO VINGSON YU SHIRLY VINGSON v. JOVY CABCABAN
ABAD, J. |
||||
| Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal confinement or detention by which any person is deprived of his liberty, but also in cases involving the rightful custody over a minor.[12] The general rule is that parents should have custody over their minor children. But the State has the right to intervene where the parents, rather than care for such children, treat them cruelly and abusively, impairing their growth and well-being and leaving them emotional scars that they carry throughout their lives unless they are liberated from such parents and properly counseled. | |||||
|
2010-02-05 |
CARPIO, J. |
||||
| Instead of ordering the dismissal of petitioner's suit, the logical end to its lack of cause of action, we remand the case for the trial court to settle the question of Stephanie's custody. Stephanie is now nearly 15 years old, thus removing the case outside of the ambit of the mandatory maternal custody regime under Article 213 and bringing it within coverage of the default standard on child custody proceedings - the best interest of the child. [30] As the question of custody is already before the trial court and the child's parents, by executing the Agreement, initially showed inclination to share custody, it is in the interest of swift and efficient rendition of justice to allow the parties to take advantage of the court's jurisdiction, submit evidence on the custodial arrangement best serving Stephanie's interest, and let the trial court render judgment. This disposition is consistent with the settled doctrine that in child custody proceedings, equity may be invoked to serve the child's best interest. [31] | |||||