G.R. No. L-8806; May 25, 1955
MARIA N. BANZON, petitioner, vs. PEDRO ALVIAR, TERESA ALVIAR and RUBY ALVIAR, respondents.

FACTS

Petitioner Maria N. Banzon filed a petition for a writ of habeas corpus to recover the custody of her nine-year-old legitimate son, Angelo N. Banzon, from the respondents. The respondents admitted having custody of the child, claiming he was entrusted to them by his father, Colonel Jose Banzon, who was assigned abroad as a Military Attache. Evidence showed the petitioner sent the boy to his father in Saigon for a vacation in June 1954; the child returned to the Philippines with respondent Ruby Alviar in September 1954 and remained with the respondents. The petitioner’s attempts to regain custody were refused. During proceedings, respondents initially claimed the child was no longer in their custody as he had been returned to Saigon, leading to a motion for contempt. They later manifested that the child had returned to Manila and was in the care of his aunt, disclaiming any right to his custody and submitting to the Court’s decision.

ISSUE

Who is entitled to the care and custody of the minor Angelo N. Banzon?

RULING

The Court ruled in favor of the petitioner, Maria N. Banzon. Citing Articles 311 and 316 of the New Civil Code, which provide that parental authority over legitimate unemancipated children is jointly exercised by the father and mother, and that parents have the duty to support, keep in their company, and educate such children, the Court held that the mother is entitled to custody. This entitlement is particularly affirmed as the father was unable to exercise parental authority due to his official mission abroad. The Court ordered the respondents to return the minor child to the custody of his mother. Costs were assessed against the respondents.