FERRER, Sherwin Jet B, 2014-0593 Legal Writing- Sunday 10-12pm 1 ISSUE RULE ANALYSIS CONCLUSION ISSUE RULE ANALYSIS The issue is whether to who shall the custody of the children be awarded to. Article 213 of the New Civil Code states that “In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.” The mother is disqualified for the custody of the children on grounds that she has drug addiction, and is diagnosed with severe depressive disorder and psychotic feature. She also rejects her medication. The grand parents may be not disqualified for the custody of the children but are not preferred over the father, since the father can be capable of upbringing is his children, present and can give fatherly love to the children. The father is the rightful awardee of the custody of the children since he can the capabilities to ensure the future of his child as he is employed and has shelter for his children. His present capabilities to up bring his child is not a consideration as there are opportunities for him in the future. The issue is whether Amanda is criminally liable in crashing into Felix while under the influence of medication prescribed to her. Article 365 of the Criminal code states that “.. Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his ~~ physical condition and other circumstances regarding persons, time and place” Despite being able to stay awake and not falling asleep even once in the two months of usage of the “stay awake” drug, she did not takeinto account the possibility that her sleeping disorder may resurface even when under medication. There was neglect on her part, because she did not assure that she wor't fall asleep. On the road, the driver must be consistently alert for possible life threatening scenarios. CONCLUSION Amanda should be held liable for crashing into Felix.