G.R. No. L-15953, November 15, 1919
ANTONINO PELAYO, petitioner-appellee, vs. AURORA LAVIN AEDO, respondent-appellant.

FACTS:
Petitioner Antonino Pelayo and respondent Aurora Lavin Aedo are married spouses with eight children. In September 1919, due to marital discord, the respondent left their conjugal home in Matnog, Sorsogon, and went to Manila, bringing with her seven of their children. The petitioner filed a petition for a writ of habeas corpus in the Court of First Instance of Manila to recover custody of the children, namely Belen, Lidia, Bernardo, Antonino, Blanca, and Aurora Pelayo. He alleged that he had ample means to support and educate them, while the respondent lacked sufficient income. The respondent claimed that she and the petitioner had an agreement to live separately. The lower court, after hearing, ordered the respondent to deliver five of the children (Lidia, Bernardo, Antonino, Blanca, and Aurora) to the petitioner’s custody, while allowing the two eldest daughters, Capitalina and Belen, to choose to remain with their mother.

ISSUE:
Whether the lower court correctly awarded custody of the minor children to the father under Section 771 of the Code of Civil Procedure.

RULING:
Yes, the Supreme Court affirmed the lower court’s decision. Under Section 771 of the Code of Civil Procedure, when spouses live separately, the court must decide custody based on the best interest of the children, with both parents standing on equal footing. The lower court exercised its sound discretion after evaluating the evidence, including the financial capacity and moral fitness of both parents, and found that awarding custody to the father served the children’s best interest. The alleged separation agreement between the spouses does not preclude judicial determination of custody. The Supreme Court found no abuse of discretion, as the lower court’s decision was justified by the evidence and consistent with the statutory framework.