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    Unson Vs Navarro

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    Allen So
    This case involves a custody dispute between Miguel Unson and Edita Araneta over their daughter Teresa. [1] Unson and Araneta were married but separated in 1972 and executed a legal separation agreement in 1974 that did not specify custody arrangements. [2] In 1978, Unson discovered Araneta was having an illicit affair with her brother-in-law, who is Teresa's godfather, and they had two children together. [3] The court ruled in Unson's favor for custody, finding Araneta's living situation was immoral and not in the best interests of the child's welfare and upbringing.

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    Unson Vs Navarro

    Uploaded by

    Allen So
    17 views2 pages
    This case involves a custody dispute between Miguel Unson and Edita Araneta over their daughter Teresa. [1] Unson and Araneta were married but separated in 1972 and executed a legal separation agreement in 1974 that did not specify custody arrangements. [2] In 1978, Unson discovered Araneta was having an illicit affair with her brother-in-law, who is Teresa's godfather, and they had two children together. [3] The court ruled in Unson's favor for custody, finding Araneta's living situation was immoral and not in the best interests of the child's welfare and upbringing.

    Original Title

    437337701-Unson-vs-Navarro

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    This case involves a custody dispute between Miguel Unson and Edita Araneta over their daughter Teresa. [1] Unson and Araneta were married but separated in 1972 and executed a legal separation agreement in 1974 that did not specify custody arrangements. [2] In 1978, Unson discovered Araneta was having an illicit affair with her brother-in-law, who is Teresa's godfather, and they had two children together. [3] The court ruled in Unson's favor for custody, finding Araneta's living situation was immoral and not in the best interests of the child's welfare and upbringing.

    Copyright:

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

    Unson Vs Navarro

    Uploaded by

    Allen So
    This case involves a custody dispute between Miguel Unson and Edita Araneta over their daughter Teresa. [1] Unson and Araneta were married but separated in 1972 and executed a legal separation agreement in 1974 that did not specify custody arrangements. [2] In 1978, Unson discovered Araneta was having an illicit affair with her brother-in-law, who is Teresa's godfather, and they had two children together. [3] The court ruled in Unson's favor for custody, finding Araneta's living situation was immoral and not in the best interests of the child's welfare and upbringing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Unson vs. Navarro (Miguel R. Unson III, petitioner vs. Hon Pedro C. Navarro and Edita N.

    Araneta,
    respondents)

    GR No. L-52242 (101 SCRA 183)

    November 17, 1980

    Facts:

    Petitioner and private respondent were married on April 19, 1971 and out of that marriage the child in
    question, Teresa, was born on December 1, 1971. However, on July 13, 1974, they executed an
    agreement for the separation of their properties and to live separately, as they have in fact been living
    separately since June 1972. Said agreement was approved by the Court.

    The parties have agreed that no specific provision was contained in said agreement about the custody of
    the child because the husband and wife would have their own private arrangement in that respect.

    In the early part of 1978, the petitioner found out the following information regarding his wife: (1) she
    was in a relation with her brother-in-law and godfather of their child (a former seminarian at that),
    Maria Teresa; (2) that the brother-in-law was being treated for manic depressive disorder; (3) the illicit
    affair produced 2 children; and (4) that Edita and her brother-in-law embraced a Protestant faith.

    On 28 December 1979, the respondent judge ordered the petitioner to produce the child, Maria Teresa
    Unson and return her to the custody of the mother, herein private respondent, further obliging him to
    “continue his support of said daughter by providing for her education and medical needs”.

    Hence, this petition for certiorari.

    Issue:

    Whether or not the petitioner has the right over the custody of the child, Maria Teresa Unson

    Ruling:

    Yes Petioner has the right over the custody of the child since Edita cannot invoke the Tender Age
    doctrine under Article 363 of the civil code which provides that no child shall be separated from their
    mother at the age of seven unless the court finds compelling reasons. However the situation of
    her mother is immorally wrong that edita has an illicit affair to her brother in law and God Father
    of Maria Teresa,
    The Court also said that in all controversies regarding the custody of a child, the sole consideration is the
    physical, education, social and moral welfare taking into account the respective resources and social and
    moral situations of the contending parents.
    With the premise in view, the Court found that it is in the best interest of the child Teresa to be from
    unhealthy, situation in which private respondent had placed herself, as admitted by her, might create in
    the moral and social outlook of Teresa who was in her formative and most impressionable stage in her
    life.

    The court remanded back the case to the lower court.

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