AT12-CLJ2

Jose federico DG. Aniceto BSCRIM lll-2

1) What is the meaning of “Best interest of the child”?

The principle of “the best interest of the child” is implemented in Article 3 (1) Convention on the Rights
of the Child (CRC), which provides that “in all actions concerning children, whether undertaken by public
or private social welfare institutions, court of law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration.
2) Digest the following cases:

a) Cervantes vs. Fajardo, G.R. No. 79955 January 27, 1989 (169 SCRA 575[1989])

Facts:

Conrado Fajardo and Gina Carreon, who are common-law husband and wife. Respondents offered the
child for adoption to Gina Carreon's sister and brother-in-law, the herein petitioners Zenaida Carreon-
Cervantes and Nelson Cervantes, spouses, who took care and custody of the child when she was barely
two (2) weeks old. An Affidavit of Consent to the adoption of the child by herein petitioners, was also
executed by respondent Gina Carreon on 29 April

The appropriate petition for adoption.was filed by herein petitioners over the child before the Regional
Trial Court of Rizal, Fourth Judicial District, Branch 67 granting the.petition.

The court ordered that the child be "freed from parental authority of her natural parents as well as from
the legal obligation and maintenance to them and that from now on shall be, for all legal intents and...
purposes, known as Angelie Anne Cervantes, a child of herein petitioners and capable of inheriting their
estate.

while petitioners were out at work, the respondent Gina Carreon took the child from her "yaya" at the
petitioners' residence in Angono, Rizal, on the pretext that she was instructed to do so by her mother.

Issue:

The custody and care of the minor Angelie Anne Cervantes

Ruling:

In all cases involving the custody, care, education and property of children, the latter's welfare is
paramount. The provision that no mother shall be separated from a child under five (5) years of age,
will not apply where the court finds compelling reasons to rule... otherwise. [5] 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.

b) Nery vs. Lorenzo, G.R. No. L-23096 April 27, 1972 (44 SCRA 431[1972]
Facts:

A parcel of land was sold to vendee spouses Nery by the widow of the deceased Leoncio Lorenzo. The
vendor was Bienvenida (widow), guardian of the decedent's minor children. Two (2) of whom later
assailed the validity of the said transaction. The latter contended that despite the order of the
guardianship court authorizing the sale of the lot, they were not informed of the move. Further, they
contended that the guardianship proceeding was conducted without notifying the two older siblings
although they were already more than 14 years of age at that time.

The spouses Nery appealed to the Court of Appeals which declared the deed of sale to the spouses (as
to the 3/4 portion) by the guardian is valid, without prejudice to the children demanding from their
mother their participation in the proceeds. Not being satisfied with the appellate court's decision, the
spouses Nery, the children of the deceased and Bienvenida filed these petitions.

Issue:

Whether or not the probate court could have validly authorize the sale of the property

RULING:

No, the juridictional infirmity is clear. The Court of Appeals failed to give due weight to the jurisdictional
defect that the minors over 14 years age were not notified. The probate court is therefor correct in not
have authorized the sale due to this clear jurisdictional infirmity. The rights of the young should never be
ignored and it does not matter if their guardian is theirmother, as even in some cases, the interest of the
mother is opposed to that of the children.

Finally, when minors are involve, the state being the parens patriae has the duty to protect the rights of
persons or individuals who because of age or incapacity are in an unfavorable position.

c) Oposa vs. Factoran, GR No. 101083; July 30 1993 224 SCRA 792[1993]
FACTS:

A taxpayer’s class suit was filed by minors Juan Antonio Oposa, et al, representing their generation and
generations yet unborn, and represented by their parents against Fulgencio Factoran Jr. Secretary of
DENR. They prayed that judgment be rendered ordering the defendant, his agents, representatives and
other persons acting in his behalf to:

ISSUE:

Do the petitioner-minors have a cause of action in filing a class suit to “prevent the misappropriation or
impairment of Philippine rainforests.

RULING:

Petitioners minors assert that they represent their generation as well as generations yet unborn. We
find no difficulty in ruling that they can, for themselves, for others of their generation and for the
succeeding generations, file class suit. Their personality to sue in behalf of the succeeding generations
can only be based on the concept of intergenerational responsibility insofar as the right to a balanced
and healthful ecology is concerned. Such a right, as hereinafter expounded,... considers the "rhythm and
harmony of nature."

3) Principle of Parens Patriae, Explain.

The Parens patriae is a legal term referring to the power of the government to act on behalf of people
who are unable to care for themselves. For example, the doctrine of parens patriae empowers a judge
to assign or reassign custody of a minor child, regardless of the parents’ wishes. In practice, parens
patriae may be applied as narrowly as representing the interests of a single child and as broadly as
protecting the wellbeing of the entire population.

4) Classification of children, explain each.

Cognitive development - As infants grow and reach early childhood, they become more aware of how
the world works and have a better understanding of what, where, how, and why. Cognitive
development in children is the development of the skills and knowledge that help them understand
their environment

Social and emotional development - These refer to a child's ability to interact with others, and to
understand and manage his feelings and emotions. Examples of socioemotional skills are empathy,
sympathy, recognizing and expressing feelings, and the ability to relate to others.

Speech and language skills - The development of speech and language refers to the skills children use
to understand and communicate with others. Language development helps your child communicate
what they want and how they feel. It also is crucial to their thought process; problem-solving, and
forming relationships with others.
5) What is meant by Right of Development? Cite concrete examples.

The right to development is an inalienable human right by virtue of which every human person and all
peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political
development, in which all human rights and fundamental freedoms can be fully realized”Therefore, as
beneficiaries of the right to development, all human persons should be included and fully consulted in
any development which affects them.