BRIONES, petitioner, vs. MARICEL P. MIGUEL, FRANCISCA

Jun 17th, 2015
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“WHEREFORE, the petition is hereby DISMISSED. Respondent Loreta P. Miguel shall have custody over the child Michael Kevin Pineda until he reaches ten (10) years of age. Once the said child is beyond ten (10) years of age, the Court allows him to choose which parent he prefers to live with pursuant to Section 6, Rule 99 of the 1997 Rules of Civil Procedure, as amended.

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THIRD DIVISION[G.R. No. 156343. October 18, 2004]JOEY D. BRIONES,petitioner,vs. MARICELP. MIGUEL, FRANCISCA P. MIGUELand LORETA P. MIGUEL,respondents.D E C I S I O NPANGANIBAN,J.:An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care.The CaseThe Petition for Review[1]before the Court seeks to reverse and set aside the August 28, 2002 Decision[2]and the December 11, 2002 Resolution[3]of the Court of Appeals in CA-GR SP No. 69400.[4]The dispositive portion of the assailed Decision reads as follows:WHEREFORE, the petition is hereby DISMISSED. Respondent Loreta P. Miguel shall have custody over the child Michael Kevin Pineda until he reaches ten (10) years of age. Once the said child is beyond ten (10) years of age, the Court allows him to choose which parent he prefers to live with pursuant to Section 6, Rule 99 of the 1997 Rules of Civil Procedure, as amended. The petitioner, Joey D. Briones, shall help support the child, shall have visitorial rights at least once a week, and may take the child out upon the written consent of the mother.Acting on the petitioners Urgent Motion for a Hold Departure Order, and finding it to be without merit, the same is DENIED.[5]The challenged Resolution den

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