JUANARIA FRANCISCO v LOPE TAYAO

Plaintiff and appellant: Juanaria Francisco

Defendant and appellee: Lope Tayao

ISSUE(S):

FACTS:

- W/N Francisco can secure a divorce from Tayao, where the latter
has been convicted of adultery and not of concubinage, although
the acts for which he was convicted of adultery may also constitute
concubinage

Francisco (plaintiff) and Tayao (defendant) contracted

marriage in Manila in 1912
They got separated in 1917.
The husband then moved to Zamboanga, and thereafter had
an affair with a married woman named Bernardina
Medrano who was the wife of Ambrosio Torres.
Torres filed a criminal case against Tayao and his wife.
They were then sentenced to suffer three years, six months,
and twenty-one days imprisonment (prision correccional),
and to pay costs.
Relying on this criminal case, Francisco filed to sever the
bonds of their marriage in the Court of First Instance of
Manila, and was later denied by its judge basing on the fact
that Francisco was not an innocent spouse within the
meaning of Sections 1 and 3 of the Divorce Law.

HELD/RATIO:
- No. Francisco could not secure a divorce because she was not the
innocent spouse who filed the criminal case against Tayao. Tayao
was convicted of the crime of adultery, not concubinage, which is
the only cause of action for filing a divorce against a husband. The
institution of a criminal case by the injured wife is essential for the
proper initiation of a prosecution for concubinage, and
subsequently, for the proper filing of legal separation. What
Francisco was asking from the Court was to convict the defendant
of the crime of concubinage, although she had not established a
prosecution for the same.

CERVANTES V FAJARDO
Facts:

The custody and care of the minor Angelie Anne Cervantes are
granted to petitioners, Zenaida and Nelson Cervantes, to whom
they properly belong.

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 executed by respondent Gina Carreon.
The petition for adoption was filed by petitioners before the RTC of
Rizal, which granted the petition.
Sometime in 1987, the adoptive parents, Nelson and Zenaida
Cervantes, received a letter from the respondents demanding to
be paid the amount 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:

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 a child under five (5) years of age,
will not apply where the 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. Conrado Fajardo's
relationship with the Gina Carreon is a common-law 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.
Upon the other hand, petitioners who are legally married 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

consent of respondents. A decree of adoption has the effect of

dissolving 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