G.R. No. 206248 - GRACE M. GRANDE, VS. PATRICIO T. ANTONIO.

Ruling

WHEREFORE, foregoing premises considered, the Court hereby grants [Antonios] prayer for recognition and the same is hereby judicially approved. x x x Consequently, the Court forthwith issues the following Order granting the other reliefs sought in the Petition, to wit: Ordering the Office of the City Registrar of the City of Makati to cause the entry of the name of [Antonio] as the father of the aforementioned minors in their respective Certificate of Live Birth and causing the correction/change and/or annotation of the surnames of said minors in their Certificate of Live Birth from Grande to Antonio ; Granting [Antonio] the right to jointly exercise Parental Authority with [Grande] over the persons of their minor children, Andre Lewis Grande and Jerard Patrick Grande; Granting [Antonio] primary right and immediate custody over the parties minor children Andre Lewis Grandre and Jerard Patrick Grande who shall stay with [Antonios] residence in the Philippines from Monday until Friday evening and to [Grandes] custody from Saturday to Sunday evening; Ordering [Grande] to immediately surrender the persons and custody of minors Andre Lewis Grande and Jerard Patrick Grande unto [Antonio] for the days covered by the Order; Ordering parties to cease and desist from bringing the aforenamed minors outside of the country, without the written consent of the other and permission from the court. Ordering parties to give and share the support of the minor children Andre Lewis Grande and Jerard Patrick Grande in the amount of P30,000 per month at the rate of 70% for [Antonio] and 30% for [Grande]. [7] (Emphasis supplied.) Aggrieved, petitioner Grande moved for reconsideration. However, her motion was denied by the trial court in its Resolution dated November 22, 2010 [8] for being pro forma and for lack of merit. Petitioner Grande then filed an appeal with the CA attributing grave error on the part of the RTC for allegedly ruling contrary to the law and jurisprudence respecting the grant of sole custody to the mother over her illegitimate children. [9] In resolving the appeal, the appellate court modified in part the Decision of the RTC. The dispositive portion of the CA Decision reads: WHEREFORE , the appeal is partly GRANTED . Accordingly, the appealed Decision of the Regional Trial Court Branch 8, Aparri Cagayan in SP Proc. Case No. 11-4492 is MODIFIED in part and shall hereinafter read as follows: The Offices of the Civil Registrar General and the City Civil Registrar of Makati City are DIRECTED to enter the surname Antonio as the surname of Jerard Patrick and Andre Lewis, in their respective certificates of live birth, and record the same in the Register of Births; [Antonio] is ORDERED to deliver the minor children Jerard Patrick and Andre Lewis to the custody of their mother herein appellant, Grace Grande who by virtue hereof is hereby awarded the full or sole custody of these minor children; [Antonio] shall have visitorial rights at least twice a week