Cervantes V Fajardo

G.R. No.
79955 January 27, 1989
IN THE MATTER OF THE PETITION FOR A WRIT OF HABEAS CORPUS OF MINOR

ANGELIE ANNE C. CERVANTES, NELSON L. CERVANTES and ZENAIDA CARREON
CERVANTES, petitioners,
vs.
GINA CARREON FAJARDO and CONRADO FAJARDO, respondents.
FACTS:
Angelie Anne Cervantes was born on 14 February 1987 to respondents Conrado Fajardo
and Gina Carreon, who are common-law husband and wife. Respondents offered the child
for adoption to Gina Carreon's sister and brother-in-law, the herein petitioners Zenaida
Carreon-Cervantes and Nelson Cervantes, spouses, who took care and custody of the child
when she was barely two (2) weeks old. An Affidavit of Consent to the adoption of the child
by herein petitioners, was also executed by respondent Gina Carreon.
The appropriate petition for adoption was filed by herein petitioners over the child before the
Regional Trial Court of Rizal, and rendered a decision 2granting the petition. The child was
then known as Angelie Anne Fajardo. The court ordered that the child be "freed from
parental authority of her natural parents as well as from legal obligation and maintenance to
them and that from now on shall be, for all legal intents and purposes, known as Angelie
Anne Cervantes, a child of herein petitioners and capable of inheriting their estate ." 3
The adoptive parents, herein petitioners 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 to accede to the demand.
As a result, while petitioners were out at work, the respondent Gina Carreon took the child
from her "yaya" at the petitioners' residence in Angono, Rizal, on the pretext that she was
instructed to do so by her mother. Respondent Gina Carreon brought the child to her house
in Parañaque. Petitioners thereupon 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. She sent word to
the petitioners that she will, however, return the child to the petitioners if she were paid the
amount of P150,000.00.
Felisa Tansingco, the social worker, declared that she had interviewed respondent Gina
Carreon on 24 June 1987. During the interview, said respondent manifested to the social
worker her desire to have the child adopted by the petitioners. 4
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. 5
It is undisputed that respondent Conrado Fajardo is legally married to a woman other than
respondent Gina Carreon, and his relationship with the latter is a common-law husband and
wife relationship. His open cohabitation with co-respondent Gina Carreon will not accord the
minor that desirable atmosphere where she can grow and develop into an upright and moral-
minded person. Besides, respondent Gina Carreon had 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 (herein respondent Gina Carreon), who is not only jobless but also maintains an illicit
relation with a married man, can most likely give her.
Besides, the minor has been legally adopted by petitioners with the full knowledge and
consent of respondents. A decree of adoption has the effect, among others, of dissolving the
authority vested in natural parents over the adopted child, except where the adopting parent
is the spouse of the natural parent of the adopted, in which case, parental authority over the
adopted shall be exercised jointly by both spouses. 7 The adopting parents have the right to
the care and custody of the adopted child 8 and exercise parental authority and responsibility
over him.9

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G.R. No.

79955 January 27, 1989

IN THE MATTER OF THE PETITION FOR A WRIT OF HABEAS CORPUS OF MINOR

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