Cited Laws
TL;DR — Ruling
WHEREFORE , premises considered, the Petition for Certiorari is hereby GRANTED . The assailed Order of May 17, 2002 is hereby SET ASIDE and ANNULLED . The custody of the child is hereby ordered returned to [Crisanto Rafaelito G. Gualberto V].
WHEREFORE , premises considered, the Petition for Certiorari is hereby GRANTED . The assailed Order of May 17, 2002 is hereby SET ASIDE and ANNULLED . The custody of the child is hereby ordered returned to [Crisanto Rafaelito G. Gualberto V]. The [respondent] court/Judge is hereby directed to consider, hear and resolve [petitioners] motion to lift the award of custody pendente lite of the child to [respondent]. [3] The second is a Petition for Certiorari [4] filed by Crisanto Rafaelito Gualberto V under Rule 65 of the Rules of Court, charging the appellate court with grave abuse of discretion for denying his Motion for Partial Reconsideration of the August 30, 2002 Decision. The denial was contained in the CAs November 27, 2002 Resolution, which we quote: We could not find any cogent reason why the [last part of the dispositive portion of our Decision of August 30, 2002] should be deleted, hence, subject motion is hereby DENIED. [5] The Facts The CA narrated the antecedents as follows: x x x [O]n March 12, 2002, [Crisanto Rafaelito G. Gualberto V] filed before [the Regional Trial Court of Parañaque City] a petition for declaration of nullity of his marriage to x x x Joycelyn D. Pablo Gualberto, with an ancillary prayer for custody pendente lite of their almost 4-year-old son, minor Rafaello (the child, for brevity), whom [Joycelyn] allegedly took away with her from the conjugal home and his school (Infant Toddlers Discovery Center in Parañaque City) when [she] decided to abandon [Crisanto] sometime in early February 2002[.] x x x [O]n April 2, 2002, [RTC Judge Helen B. Ricafort] heard the ancillary prayer of [Crisanto] for custody pendente lite . x x x [B]ecause [Joycelyn] allegedly failed to appear despite notice, [Crisanto], a certain Col. Renato Santos, and Ms. Cherry Batistel, testified before the x x x Judge; x x x documentary evidence [was] also presented[.] x x x [O]n April 3, 2002, x x x [the] Judge awarded custody pendente lite of the child to [Crisanto.] [T]he Order partly read x x x: x x x Crisanto Rafaelito Gualberto V testified. He stated that [Joycelyn] took their minor child with her to Caminawit, San Jose, Occidental Mindoro. At that time, the minor was enrolled at B.F. Homes, Parañaque City. Despite effort[s] exerted by him, he has failed to see his child. [Joycelyn] and the child are at present staying with the formers step-father at the latters [residence] at Caminawit, San Jose, Occidental Mindoro. Renato Santos, President of United Security Logistic testified that he was commissioned by [Crisanto] to conduct surveillance on [Joycelyn] and came up with the conclusion that [she] is having lesbian relations with one Noreen Gay Cuidadano in Cebu City. The findings of Renato Santos [were] corroborated by Cherry Batistel, a house helper of the spouses who stated that [the mother] does not care for the child as she very often goes out of the house and on one occasion, she saw [Joycelyn] slapping the child. Art. 211 of