Salientes v.

Abanilla
G.R. No. 162734. August 29, 2006

TOPIC: De Facto Separation; Effects on Personal Relations; Relations to Children

FACTS:
Respondent Loran Abanilla and petitioner Marie Salientes are the parents
of the kid Lorenzo. Their family lived in Maries parents but respondent is
having problems with his in-laws. Because of this, respondent asked petitioner
Marie to live away from her parents to which she refused. Respondent left the
Salientes residence alone and was later not allowed to see kid Lorenzo.
Respondent filed a habeas corpus petition which he won. RTC ordered the
Marie and her parents to bring kid Lorenzo to the court.
Petitioners appealed this decision but the same was denied. CA explained
that the order of RTC simply urge them to bring the child to the court and not
specifically award custody to any of them. Insistent petitioners, not satisfied,
elevated the case to SC.
ISSUE:
WON tender-years-rule as well as the absence of maternal unfitness of
Marie may be invoked used as a defense against Lorans habeas corpus
petition
HELD:
Court affirmed CAs decision. The tender-years-rule and Maries fitness
would favor her but not in this case because the custody of kid Lorenzo has not
been decided upon by the court. As they are separated only by the fact, they
are both entitled to have custody over him. Tender-years presumption does not
prevent the father from seeing the child yet this is what the petitioners are
doing. Therefore, the writ of habeas corpus may be resorted.
The court reiterated that RTC, in its decision, did not award custody to any
of the parents but simply ordered that the child be presented to the court.