SANTOS, SR. vs.

COURT OF APPEALS
G.R. No. 113054
March 16, 1995
Romero, J.

SUBJECT MATTER:
De Facto Separation; Effects on Personal Relations

DOCTRINE(S):
Art. 214, FC. “In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the
surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration
mentioned in the preceding article, shall exercise authority.”

Parental Authority (Patria Potestas) – juridical institution whereby parents rightfully assume control and protection of their
unemancipated children to the extent required by the latter’s needs

ACTION BEFORE THE SUPREME COURT:

Petition for review of a decision of the Court of Appeals granting custody of six-year old Leouel Santos, Jr. to his maternal
grandparents and not to his father, Santos, Sr.

Petitioner-Appellant: Leouel Santos, Sr.

Parties
Respondent-Appellees: Court of Appeals and Spouses Leopoldo and Ofelia Bedia

SUMMARY:

ANTECEDENT FACTS:
● Leouel Santos, Sr., an army lieutenant, and Julia Bedia, a nurse, were married in Iloilo City in 1986.
○ They had one child, Leouel Santos, Jr. who was born on July 18, 1987.
○ Respondents, Leopoldo and Ofelia, had been taking care of Leouel Jr. for a while beginning from his release from
the hospital. Private respondents alleged that they also paid for all the hospital bills.
● Petitioner and wife Julia agreed to place Leouel Jr. in the temporary custody of Julia’s parents (private respondents).
● In May 1988, Julia left for the United States to work.
○ Petitioner alleged that he is not aware of her whereabouts.
○ Private respondents claim that Julia had been sending financial support to them for her son.
● On September 2, 1990, petitioner visited the Bedia household and, according to respondents, abducted Leouel Jr. and took
him to his hometown in Negros Oriental.
● Spouses Bedia filed a “Petition for Care, Custody and Control of Minor Ward Leouel Santos, Jr.” before the RTC of Iloilo City
with Leouel Santos Sr. as respondent. Custody was awarded to spouses Bedia.
● Petitioner appealed but the Court of Appeals (CA) only affirmed the trial court’s order. He also filed a motion for
reconsideration only to be denied.
● Petitioner filed an instant petition for review for the reversal of the appellate court’s decision. According to the petitioner,
the CA erred in awarding custody to the boy’s grandparents and not to him.
○ Since private respondents failed to show that he is an unfit and unsuitable father, granting parental authority to
the grandparents under Art. 214, FC is inappropriate.
○ The reasons raised by the respondents are flimsy and insufficient to deprive him of his legal right to custody.
● Private Respondents averred:
○ They can provide the boy’s needs better than Santos Sr. could (e.g. they can provide an air-conditioned room, they
paid for all the hospital bills while the petitioner did not give a single centavo).
○ Julia Bedia-Santos entrusted the boy to them before she left for US.
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 ○ Petitioner’s use of deceit in abducting the child does not signify fitness or suitability as a parent.
○ Despite the legal right of the petitioner, the primary consideration is the happiness and welfare of the boy.

ISSUE(S) AND HOLDING(S):

1. WON Leouel Santos, Sr. should be awarded custody of minor Leouel Santos, Jr. – YES.

RATIO:
1. The considerations made by the appellate court with regards to the capacity of the grandparents to provide for Leouel Jr. is
insufficient to defeat petitioner’s parental authority particularly since he has not been shown to be an unsuitable and unfit
parent.
○ The right of custody accorded to parents springs from the exercise of parental authority.
i. Parental authority is a mass of rights and obligations which the law grants to parents for the purpose of
the children’s physical preservation and development, as well as the cultivation of their intellect and
education of their senses.
○ Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases
authorized by law.
i. The law allows a waiver of parental authority only in cases of adoption, guardianship and surrender to a
children’s home or an orphan institution.
ii. When a parent entrusts the custody of a minor to another, such as a friend or godfather, even in a
document, what is given is merely temporary custody and it does not constitute a renunciation of
parental authority. Petitioner and Julia’s grant of custody is only temporary.
iii. Even if a definite renunciation is manifest, the law still disallows the same.
○ The father and mother, being the natural guardians of unemancipated children, are duty-bound and entitled to
keep them in their custody or company.
i. In case of absence or death of either parent, the parent present shall continue exercising parental
authority.
ii. Only in case of parents’ death, absence or unsuitability may substitute parental authority be exercised by
the surviving grandparent. In this case, the petitioner’s wealth is not a deciding factor since there is no
proof that the petitioner is in no position to support the boy.
iii. The fact that he was unable to support his son from birth up to over three years when he took the boy
without permission is insufficient reason to strip him of his permanent right to custody.
iv. With regards to his previous inattention, his current efforts to keep custody of his child may be regarded
as serious efforts to rectify his past misdeeds.
v. His being a soldier should also not bar him from keeping custody of his child. While soldiers may be
assigned to different parts of the country, they are still the natural guardians of their children.

DISPOSITIVE:
WHEREFORE, the petition is GRANTED. The decision of the respondent Court of Appeals dated April 30, 1992 as well as its Resolution
dated November 13, 1992 are hereby REVERSED and SET ASIDE. Custody over the minor Leouel Santos Jr. is awarded to his
legitimate father, herein petitioner, Leouel Santos, Sr. SO ORDERED.

C2023(FADRILAN) – LAW100, PANGALANGAN