FAMILY LAW DAILY NEWS

Little one custody – The Manila Occasions

Dear PAO,
Is there a chance that the final decision of the court granting custody of the birth parents will be disregarded?
Manilyn

Dear Manilyn,
In general, a decision that has reached final cannot be changed. This is the doctrine of the immutability of judgment. The doctrine of the immutability of judgment prevents the courts from changing decisions that have already been final, even if the purpose of the change is to correct errors of fact or law (Gadrinab v Salamanca et al., GR No. 194560, June 11). 2014, Ponente: Honorable Associate Justice (Marvic MVF Leonen).

However, applying the above doctrine is an exception, especially when it concerns a child’s best interests. This was reflected in the court’s decision in the case of spouses Luna v Intermediate Appellate Court et al. (GR No.L-68374, June 18, 1985) where the Supreme Court, through former Associate Justice Hermogenes Concepcion Jr., found:

“We find merit in the petitioner. The child Shirley’s manifestation that she would kill herself or run away from home if she were taken away by the petitioners named here and forced to live with the private respondents became during the hearings on petitioners’ motion to have the letter set aside from The enforcement and repetition in their letters to members of the Tribunal of September 19, 1984 and January 2, 1985, as well as during the hearing of the case before this Tribunal, is a circumstance that precludes the enforcement of the Spec. Proc. No. 9417 of the Court of First Instance of Rizal unjust, unfair and unjust if not illegal. Article 363 of the Civil Code provides that in all matters relating to the welfare, custody, education and property of children, their well-being is of the utmost importance. This means that the minor’s best interests can override the rules of procedure and even the parents’ right to custody of their children. Since the minor’s life and existence is at stake in this case, and the child is of an age at which they can make an intelligent decision, the courts can give nothing less than respect, enforcement and meaning and substance to that decision and to uphold their right to live in an atmosphere conducive to their physical, moral and intellectual development. The threat may turn out to be void, but Shirley has a right to a healthy family life that offers her love, care and understanding, guidance and advice, and moral and material security. xxx ”

Applying the decision cited above to your question, the court’s decision on child custody may be overturned if enforcement is unjust, unfair and unjust as the child threatens to kill himself if it does taken away by the petitioners and forced to live with their birth parents. It is important to emphasize that the best interests of the child are at the fore in all matters relating to the welfare, custody, education and property of the child. The best interests of the child can override rules of procedure and even the parents’ right to custody of their children.

We hope we were able to answer your questions. This advice is based solely on the facts you have shared and our appreciation for them. Our opinion may vary as other facts are changed or worked out.

Editor’s Note: Dear PAO, This is a daily prosecution column. Questions for Chief Acosta can be sent to [email protected]

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