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Huat v. Heong | GR No. L-1211 | January 30, 1947

FACTS
In this case, Petitioner Huat prays, among others, that the Court awards him the
custody of one Maria Ching alias Avelina Ching, a minor allegedly 15 years of age.
The petitioner alleged that the respondent Heong induced the minor to leave the
parental home and elope with him (Heong) on the night of June 21, 1946. Heong
and the minor, 15 years old at that time, were married the next day before the
Justice of Peace of Plaridel Bulacan.
ISSUE
Whether or not the petitioner still retains his right to custody of his minor daughter
Maria Ching alias Avelina Ching.
HELD/RATIONALE
No. Maria Ching having been validly married on June 21, 1946, she became
emancipated on that same date. The emancipation brought about the loss by the
father of the parental authority that he claims.
The fact of the civil marriage between respondent and Maria Ching
having been solemnized by the Justice of Peace of Plaridel, Bulacan, on
June 21, 1946, is not disputed. Both man and woman were, therefore, of
marriageable age under section 2 of Act No. 3613. 1

1 Huat v. Heong, G.R. No. L-1211 (January 30, 1947).