The Manila Times

Child custody

DEAR PAO PERSIDA ACOSTA Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@ manilatimes.net

Dear PAO,

Is there a possibility that the final decision of the court awarding custody to the biological parents will be disregarded?

Manilyn

Dear Manilyn,

In general, a decision which attained finality can no longer be altered. This is the doctrine of immutability of judgment. The doctrine of immutability of judgment bars courts from modifying decisions that have already attained finality, even if the purpose of the modification is to correct errors of fact or law (Gadrinab vs. Salamanca, et al., G.R. No. 194560, June 11, 2014, Ponente: Honorable Associate

Justice Marvic M.V.F. Leonen).

However, the application of the above-mentioned doctrine has an exemption especially if it concerns the interest of a child. This was illustrated in the decision of the court in the case of Spouses Luna vs. Intermediate Appellate Court, et al. (G.R. No. L-68374, June 18, 1985), where the Supreme Court, through former associate justice Hermogenes

Concepcion Jr., stated that:

“We find merit in the petitioner. The manifestation of the child Shirley that she would kill herself or run away from home if she should be taken away from the herein petitioners and forced to live with the private respondents, made during the hearings on the petitioners’ motion to set aside the writ of execution and reiterated in her letters to the members of the Court dated September 19, 1984 and January 2, 1985, and during the hearing of the case before this Court, is a circumstance that would make the execution of the judgment rendered in Spec. Proc. No. 9417 of the Court of First Instance of Rizal inequitable, unfair and unjust, if not illegal. Article 363 of the Civil Code provides that in all questions relating to the care, custody, education and property of the children, the latter’s welfare is paramount. This means that the best interest of the minor can override procedural rules and even the rights of parents to the custody of their children. Since, in this case, the very life and existence of the minor is at stake and the child is in an age when she can exercise an intelligent choice, the courts can do no less than respect, enforce and give meaning and substance to that choice and uphold her right to live in an atmosphere conducive to her physical, moral and intellectual development. The threat may be proven empty, but Shirley has a right to a wholesome family life that will provide her with love, care and understanding, guidance and counseling, and moral and material security. x x x”

Applying the above-quoted decision to your question, the decision of the court involving custody of a child may be set aside if the execution of the same is inequitable, unfair and unjust because of the threat of the child to kill herself if she will be taken away from the petitioners and forced to live with her biological parents. It is important to emphasize that the best interest of the child shall be the paramount consideration in all questions relating to the care, custody, education and property of the child. The best interest of the child can override procedural rules and even the rights of parents to the custody of their children.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

News

en-ph

2021-05-10T07:00:00.0000000Z

2021-05-10T07:00:00.0000000Z

https://manilatimes.pressreader.com/article/281590948440865

The Manila Times