G.R. No.

79955 January 27, 1987

In the Matter of the Petition for Writ of Habeas Corpus of Minor Angelie Anne C.
Cervantes, Nelson L. Cervantes And Zenaida Carreon Cervantes, petitioners,
vs.
Gina Carreon Fajardo And Conrado Fajardo, respondents.

Facts:
This is a petition for a writ of Habeas Corpus over the person of the minor Angelie
Ann Cervantes. The minor was born on 14 February 1987 to respondents Conrado Fajardo
and Gina Carreon – common-law husband and wife. They offered the child for adoption to
Carreon’s sister and brother in law, Zenaida Carreon-Cervantes and Nelson Cervantes, who
took care and custody of the child when she was barely two weeks old. An Affidavit of
Consent to the adoption of the child was executed by respondent Gina Carreon.
Sometime in March or April 1987, the petitioners received a letter from the
respondents demanding to be paid the amount of 150,000, otherwise, they would get their
child back. When the spouses ignored the demand, Gina took the minor from her “yaya”
and brought the child to her house in Paranaque City. The spouses then demanded the
return of the child. Gina refused saying she had no desire to give up her child and that the
affidavit of consent was not fully explained to her. Yet, she sent word that she will return
Angelie once they give the money. Hence, the spouses filed this petition to compel Gina to
return custody of Angelie to them. During the hearing, Gina’s claim of having no desire to
have the child adopted by the spouses was disproved by the testimony of the the social
worker who interviewed Gina in connection with the petition for adoption stating that the
latter manifested such desire.
Issue: Whether or not the petitioners have custody over Angelie Ann Cervantes
Held:
Yes, the custody and care over Angelie Anne Cervantes are granted to Zenaida and
Nelson Cervantes, to whom they properly belong. In all cases involving the custody, care,
education and property of children, the latter’s welfare is paramount; in all controversies
regarding the custody of minors, the foremost consideration is the moral, physical and
social welfare of the child concerned, taking into account the resources and moral as well
as social standing of the contending parents. Never has this Court deviated from this
criterion.
The Court held that the minor has been legally adopted by petitioners with the full
knowledge and consent of respondents. A decree of adoption has the effect, among others,
of dissolving the authority vested in natural parents over the adopted child, except where
the adopting parent is the spouse of the natural parent of the adopted, in which case,
parental authority over the adopted shall be exercised jointly by both spouses. The
adopting parents have the right to the care and custody of the adopted child and exercise
parental authority and responsibility over her.