Beckett v. Sarmiento Geoffrey Becket Judge Olegario R. Sarmiento, Jr., Regional Trial Court, Branch 24, Cebu City
Recit Ready: Geoffrey Beckett, an u!tralian u!tralian "a! married to #lte!a, a $ili%ina and out of marriage, Geoffrey Beckett Jr. "a! born. They !e%arated and !ued each other. The cou%le&! legal battle ended "hen Judge Sarmiento rendered 'udgment ba!ed on a com%romi!e agreement. They agreed that Beckett !hall ha(e full and %ermanent cu!tody o(er Geoffrey Jr, !ub'ect to (i!itation right! of #lte!a. Beckett left for u!tralia "ith Geoffrey Jr. but agreed to (i!it #lte!a e(ery Chri!tma!. )n the 2*++ (i!it, #lte!a failed to return the cu!tody of Geoffrey Jr. to Beckett %rom%ting him to file a ca!e again!t #lte!a in (iolation of R. +-* and for the turno(er of Geoffrey Jr under hi! cu!tody. Judge Sarmiento rendered a 'udgment granting the cu!tody to Becket Becket but i!!ued another order gi(ing #lte!a #lte!a %ro(i!ional %ro(i!ional cu!tody o(er Geoffrey Geoffrey.. Held: Held: )n di!%ute! concerning %o!t!e%aration cu!tody o(er a minor, the "ell!ettled rule i! that no child under !e(en year! of age !hall be !e%arated from the mother, unle!! the court find! com%elling rea!on! to order other"i!e. nd if already year! of age, the child&! choice a! to "hich %arent! he %refer! %refer! !hall be re!%ected, unle!! the %arent cho!en %ro(e! to be unfit. $urther, in all action! concerning children, "hether undertaken by %ublic or %ri(ate !ocial in!titution!, court! of la", admini!trati(e authoritie! or legi!lati(e bodie!, the be!t intere!t of the child !hall be a %rimary con!ideration. A custody agreement can never be regarded as a “permanent and unbending”, unbending”, such that agreement ould no longer be to the child!s best interest. Thu!, Judge Sarmiento i! correct in granting the cu!tody of Geoffrey Jr. to #lte!a.
"acts: •
•
•
•
Beckett, an u!tralian u!tralian national, "a! %re(iou!ly married to #lte!a, a $ili%ina. Their union %roduced a child, Geoffrey Beckett, Jr. They e(entually e(entually !e%arated !e%arated and, "or!e, "or!e, !ued each other. other. )n 2**-, #lte!a #lte!a filed a ca!e again!t again!t Beckett for (iolation of R -+*, follo"ed by a !uit for the declaration of nullity of their marriage. Both ca!e! ended in the !ala of re!%ondent Judge Sarmiento. /hile Beckett commenced criminal charge! for adultery again!t #lte!a. Re!%ondent 'udge rendered 'udgment ba!ed on a com%romi!e agreement in "hich #lte!a and Beckett agreed and undertook, among other!, to cau!e the di!mi!!al of all %ending ci(il and criminal ca!e! each may ha(e filed again!t the other. They categorically agreed too that Beckett !hall ha(e full and %ermanent cu!tody o(er Geoffrey, Jr., then fi(e 01 year! old, !ub'ect to the (i!itorial right! of #lte!a. Thereafter, Thereafter, Beckett left for u!tralia, u!tralia, taking Geoffrey, Geoffrey, Jr. "ith him. ! "ith hi! three other children from %re(iou! relation!hi%!.
•
•
•
•
•
•
•
3oreo(er, a! agreed u%on, they "ould come and !ee #lte!a in Cebu e(ery Chri!tma!. )n 2**, Beckett obtained a di(orce from #lte!a in u!tralia. Thi! not"ith!tanding, the yearly Chri!tma! (i!it! continued. )n the 2*+* (i!it, Beckett con!ented to ha(e Geoffrey, Jr. !tay "ith #lte!a e(en after the holiday!, %ro(ided !he return the child on January , 2*++. January came and "ent but Geoffrey, Jr. remained "ith #lte!a, %rom%ting Beckett to file a %etition again!t #lte!a for (iolation of R -+*. The %etition "a! again raffled to the !ala of Judge Sarmiento. Beckett later a%%lied for the i!!uance of a "rit of habea! cor%u!. Beckett further relate! that, during the 3arch +, 2*++ conference on the a%%lication for habea! cor%u!, Geoffrey, Jr., then nine 0 year! old, di!%layed in!ide the courtroom hy!terical conduct, !houting and crying, not "anting to let go of #lte!a and acting a! though, he, the father, "a! a total !tranger. 5e!%ite Geoffrey Jr.&! outbur!t, Judge Sarmiento i!!ued an Order, dated 3arch +, 2*++, directing inter alia the follo"ing6 0+ #lte!a to return Geoffrey, Jr. to Beckett7 and 02 Beckett to bring the child in the %retrial conference. Beckett !ought the immediate im%lementation of the !aid 3arch +, 2*++ Order. But in!tead of enforcing !aid order, Judge Sarmiento i!!ued another order gi(ing #lte!a %ro(i!ional cu!tody o(er Geoffrey, Jr. and at the !ame time directing 5S/5 to conduct a !ocial ca!e !tudy on the child. )t i! u%on the foregoing that Beckett ha! in!tituted the com%laint, arguing that re!%ondent 'udge i! liable for 0+ gro!! ignorance of the la" for granting #lte!a %ro(i!ional cu!tody o(er Geoffrey Jr.7 and 02 %artiality by committing act! of !eriou! mi!conduct and irregularitie! in the %erformance of official dutie!. Beckett %redicate! hi! charge of dereliction and neglect of duty on re!%ondent&! alleged failure to re!ol(e hi! motion for recon!ideration of the 3arch +1, 2*++ order gi(ing %ro(i!ional cu!tody of hi! child to hi! mother. 8e further !tate! that the earlier deci!ion of re!%ondent 'udge, con!titute! re! 'udicata or a bar to him to %a!! u%on the i!!ue of cu!tody. Judge Sarmiento denied all the allegation! again!t him. ccording to him, he deferred 'udgment on Geoffrey&! motion to a"ait the re%ort of the !ocial "orker "ho conducted the ca!e !tudy re%ort, and denied com%lainant&! motion for recon!ideration u%on recei%t of the re%ort "hich recommended that Geoffrey Jr !tay "ith hi! mother. The re%ort! noted that 0+ com%lainant al"ay! lea(e! him 0Geoffrey Jr to the care of hi! older halfbrother or hi! father&! girlfriend!7 02 he "a! at one time !ent out of the hou!e by one of com%lainant&! girlfriend! and he had to !tay in the garage alone7 and 09 he ne(er "anted to !tay "ith com%lainant "hom he feared and "ho once locked him in hi! room "ithout food. )n their re!%ecti(e re%ort!, 5r. Obra and 5r. Saycon, a %!ychiatri!t, both !trongly recommended that cu!tody o(er Geoffrey, Jr. be gi(en to #lte!a. 8e al!o denied being %artial to"ard! #lte!a.
#ssue: /hether re!%ondent Judge Sarmiento i! guilty of gro!! ignorance of the la".
Held: :o.
•
•
•
•
•
•
Re!%ondent 'udge cannot be held guilty of the charge! hurled by the com%lainant again!t him for the rea!on that ab!ent a finding of !trong rea!on! to rule other"i!e, the %reference of a child o(er year! of age a! to "hom he de!ired to li(e "ith !hall be re!%ected. Re!%ondent 'udge, in granting %ro(i!ional cu!tody o(er Geoffrey, Jr. in fa(or of hi! mother, #lte!a, did not di!regard the re! 'udicata rule. The more a%%ro%riate de!cri%tion of the legal !ituation engendered by the 3arch +1, 2*++ Order i!!ued amidst the persistent plea o$ the child not to be returned to his $ather, is that respondent %udge e&hibited $idelity to %urisprudential command to accord primacy to the el$are and interest o$ a minor child . ! it "ere, the matter of cu!tody, to borro" from #!%iritu (. Court of %%eal!, ;is not permanent and unalterable and can alays be re'e&amined and ad%usted .; nd a! a%tly ob!er(ed in a !e%arate o%inion in 5aca!in (. 5aca!in, a custody agreement can never be regarded as (permanent and unbending,( the simple reason being that the situation o$ the parents and even o$ the child can change, such that sticking to the agreed arrangement ould no longer be to the latter!s best interest. #n a very real sense, then, a %udgment involving the custody o$ a minor child cannot be accorded the $orce and e$$ect o$ res %udicata . :o" to another %oint. )n di!%ute! concerning %o!t!e%aration cu!tody o(er a minor, the ell' settled rule is that no child under seven )*+ years o$ age shall be separated $rom the mother, unle!! the court find! com%elling rea!on! to order other"i!e. nd if already o(er year! of age, the child&! choice a! to "hich of hi! %arent! he %refer! to be under cu!tody !hall be re!%ected, unle!! the %arent cho!en %ro(e! to be unfit. $inally, in .:. Con(ention on the Right! of the Child "hich %ro(ide! that ;in all action! concerning children, "hether undertaken by %ublic or %ri(ate !ocial "elfare in!titution!, court! of la", admini!trati(e authoritie! or legi!lati(e bodie!, the be!t intere!t! of the child !hall be a %rimary con!ideration.; 3oreo(er, cu!tody, e(en if %re(iou!ly granted by a com%etent court in fa(or of a %arent, i! not, to reiterate, %ermanent. )n #!%iritu, it "a! ruled that “he matter o$ custody is not permanent and unalterable. #$ the parent ho as given custody su$$ers a $uture character change and becomes un$it, the matter o$ custody can alays be re'e&amined and ad%usted & & &. o be sure, the el$are, the best interests, the bene$it, and the good o$ the child must be determined as o$ the time that either parent is chosen to be the custodian.”
