G.R. No. L-12834
October 10, 1917

FACTS:
The plaintiff, Sebastian Lozano, and the defendant, Carmen Martinez, are legally married but living separately. They have a child, who is six and a half years old. The plaintiff filed a petition for a writ of habeas corpus in the Court of First Instance of Manila to obtain custody of the child from the defendant mother, who had taken possession of the child and refused to surrender it to the father. The mother alleged that the father was unable to provide proper care, attention, and financial support for the child, whereas she was amply capable of doing so. Prior to this case, the plaintiff had filed a criminal case for adultery against the defendant and Jose de Vega, which was dismissed, while a libel case filed by the defendant against the plaintiff remained pending.

ISSUE:
Which parent is entitled to the care and custody of the child when the spouses are living separately?

RULING:
The Supreme Court affirmed the decision of the lower court, awarding custody of the child to the mother, Carmen Martinez. The Court applied Section 771 of the Code of Civil Procedure, which provides that when spouses are living separately or are divorced, both parents stand on equal footing regarding the custody of their children. The court must decide based on the best interest of the child. The lower court found that the mother was in a better position to care for the child, and there was no showing of an abuse of discretion in this determination. The evidence supported that awarding custody to the mother served the child’s best welfare.

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