Cervantes v Fajardo Facts: This is a petition for a writ of Habeas Corpus over the person of the minor Angelie Anne Cervantes. Angelie Ann Cervantes was born on 14 February 1987 to Conrado Fajardo and Gina Carreon, who are common-law husband and wife. They offered the child for adoption to Gina Carreon's sister and brother-in-law, Zenaida Carreon-Cervantes and Nelson Cervantes, spouses, who took care and custody of the child when she was barely two weeks old. An Affidavit of Consent to the adoption of the child was execut executed ed by respon responden dentt Gina Gina Carreo Carreon. n. The The petiti petition on for adopti adoption on was filed by petitioners before the RTC of Rizal, which granted the petition. Sometime Sometime in 1987, the adoptive adoptive parents, parents, Nelson Nelson and Zenaida Zenaida Cervantes Cervantes,, receiv received ed a letter letter from from the responde respondents nts demand demandin ing g to be paid paid the amoun amountt of P150,000.00, otherwise, they would get back their child. Petitioners refused. As a result, while petitioners were out at work, the Gina Carreon took the child from her "yaya" at the petitioners' residence, on the pretext that she was instructed to do so by her mother. Gina Carreon brought the child to her house. Petitioners demanded the return of the child, but Gina Carreon refused, saying that she had no desire to give up her child for adoption and that the affidavit of consent to the adoption she had executed was not fully explained to her. Issue: Whether or not the natural parents or the adoptive parents have custody over Angelie Ann Cervantes. Held: The custody and care of the minor Angelie Anne Cervantes are granted to petitioners, Zenaida and Nelson Cervantes, to whom they properly belong. Ratio: 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 from a child child under five (5) years years of age, will will not apply apply where where the Court Court finds compelling reasons to rule otherwise. 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. Conra Conrado do Fajard Fajardo's o's relati relations onship hip with with the Gina Gina Carreo Carreon n is a commo common-la n-law w husband and wife relationship. His open cohabitation with Gina will not accord the minor that desirable atmosphere where she can grow and develop into an upright and moral-minded person. Gina Carreon had also previously given birth to another child by another married man with whom she lived for almost three (3) years but who eventually left her and vanished. For a minor to grow up with a sister whose "father" is not her true father, could also affect the moral outlook and values of said minor. minor. Upon Upon the the other other hand, hand, petiti petitione oners rs who who are legall legally y marr married ied appear appear to be morally, physically, financially, and socially capable of supporting the minor and giving her a future better than what the natural mother, who is not only jobless but also maintains an illicit relation with a married man, can most likely give her. Minor has been legally adopted by petitioners with the full knowledge and conse consent nt of respon responden dents. ts. A decree decree of adopti adoption on has the effect effect of dis disso solvi lving ng the the authority vested in natural parents over the adopted child. The adopting parents have the right to the care and custody of the adopted child and exercise parental authority and responsibility over him.
