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    Tonog Vs CA

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    Allen So
    This case involves a custody dispute between Dinah Tonog, the mother of Gardin Faith Belarde Tonog, and Edgar Daguimol, the father. Dinah gave birth to Gardin out of wedlock and later left for the US to work, leaving Gardin in Edgar's care. Edgar was granted legal guardianship but Dinah contested this. The appellate court ultimately granted Edgar custody. The Supreme Court upheld this decision, finding that compelling reasons existed under the law to deprive the mother of custody temporarily, as she had left the country to work and the father was providing care.

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    Tonog Vs CA

    Uploaded by

    Allen So
    600 views2 pages
    This case involves a custody dispute between Dinah Tonog, the mother of Gardin Faith Belarde Tonog, and Edgar Daguimol, the father. Dinah gave birth to Gardin out of wedlock and later left for the US to work, leaving Gardin in Edgar's care. Edgar was granted legal guardianship but Dinah contested this. The appellate court ultimately granted Edgar custody. The Supreme Court upheld this decision, finding that compelling reasons existed under the law to deprive the mother of custody temporarily, as she had left the country to work and the father was providing care.

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    tonog vs CA

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    This case involves a custody dispute between Dinah Tonog, the mother of Gardin Faith Belarde Tonog, and Edgar Daguimol, the father. Dinah gave birth to Gardin out of wedlock and later left for the US to work, leaving Gardin in Edgar's care. Edgar was granted legal guardianship but Dinah contested this. The appellate court ultimately granted Edgar custody. The Supreme Court upheld this decision, finding that compelling reasons existed under the law to deprive the mother of custody temporarily, as she had left the country to work and the father was providing care.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    600 views2 pages

    Tonog Vs CA

    Uploaded by

    Allen So
    This case involves a custody dispute between Dinah Tonog, the mother of Gardin Faith Belarde Tonog, and Edgar Daguimol, the father. Dinah gave birth to Gardin out of wedlock and later left for the US to work, leaving Gardin in Edgar's care. Edgar was granted legal guardianship but Dinah contested this. The appellate court ultimately granted Edgar custody. The Supreme Court upheld this decision, finding that compelling reasons existed under the law to deprive the mother of custody temporarily, as she had left the country to work and the father was providing care.

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    XVI.

    TONOG VS. COURT OF APPEALS

    FACTS:

    In the case of Tonog vs CA, Dinah gave birth to Gardin Faith Belarde Tonog, her
    illegitimate child with Edgar V. Daguimol. The two cohabited for a time and lived with
    Edgar's parents and sister.
    A year after Dinah left for US where she found work as a registered nurse. Gardin was
    left in the care of her father and grandparents.
    Edgar later filed a petition for guardianship over Gardin and the trial court granted the
    petition and appointed Edgar as the legal guardian.
    Dinah filed a petition for relief from judgement and the court set aside the original
    judgement and allowed Dinah to file her opposition to Edgar's petition. Edgar filed a
    motion for reconsideration but it was denied and the court issued a resolution granting
    Dinah's motion for custody over Gardin.
    Edgar filed a petition for certiorari before the CA who modified their previous decision
    and granted Edgar custody over Gardin.
    Dinah contends that she is entitled to the custody of the minor, Gardin Faith, as a matter
    of law. As the mother of Gardin Faith, the law confers parental authority upon her as
    the mother of the illegitimate minor.

    ISSUE:

    Whether or not the temporary custody of the child should be given to the mother, Dinah B. Tonog

    HELD:

    No The petioner cannot invoke article 213 and article 176 of the family code which provides
    that an illegitimate child should not be separated from her mother and the tender age doctrine
    under article 363 of the civil code and 213 of the family code because A mother may be
    deprived of the custody of her child who is below seven years of age for “compelling
    reasons.” Instances of unsuitability are neglect, abandonment, unemployment and
    immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity,
    and affliction with a communicable illness. If older than seven years of age, a child is
    allowed to state his preference, but the court is not bound by that choice. The court may
    exercise its discretion by disregarding the child’s preference should the parent chosen
    be found to be unfit, in which instance, custody may be given to the other parent, or
    even to a third person.
    In this case SC found that the appellate court did not err in allowing her father to retain
    temporarily parental custody over her under article 220 which provides the care of an
    unemancipated child to take care of her since the mother left to work abroad as a nurse.

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