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Custody Dispute: Hontiveros v. IAC

The petitioner Alejandro Hontiveros and private respondent Brenda Hernando had a child named Margaux. In June 1982, Alejandro took Margaux and did not return her to Brenda. Brenda filed a petition for habeas corpus to recover custody. The parties agreed Margaux would spend 7 days every other week with each parent. In May 1983, Brenda planned to bring Margaux to the USA and Alejandro filed an injunction. The Supreme Court ruled that under Article 363 of the NCC, a mother shall not be separated from a child under 7 years old unless compelling reasons exist. No compelling reasons existed to separate Brenda and Margaux, so custody remained with Brenda.

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270 views1 page

Custody Dispute: Hontiveros v. IAC

The petitioner Alejandro Hontiveros and private respondent Brenda Hernando had a child named Margaux. In June 1982, Alejandro took Margaux and did not return her to Brenda. Brenda filed a petition for habeas corpus to recover custody. The parties agreed Margaux would spend 7 days every other week with each parent. In May 1983, Brenda planned to bring Margaux to the USA and Alejandro filed an injunction. The Supreme Court ruled that under Article 363 of the NCC, a mother shall not be separated from a child under 7 years old unless compelling reasons exist. No compelling reasons existed to separate Brenda and Margaux, so custody remained with Brenda.

Uploaded by

Mark Mijares
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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HONTIVEROS v.

IAC
FACTS
Petitioner Alejandro Hontiveros and private respondent Brenda Hernando are the father
and mother of an acknowledged natural child born on November 27, 1981 named Margaux
Hontiveros. From November 1981 to June 1982, the child had been under the care and
custody of Brenda, and Alejandro used to take the child out during Saturdays and return
her Saturday night. On June 21, 1982, Alejandro picked the child up and never returned
her to the mother. Brenda then filed a petition for habeas corpus to recover custody of
Margaux without depriving the father of his visitorial rights. At the hearing conducted on
September 9, 1982, the minor child was ―produced before the Court and a settlement was
reached upon agreement of the parties that Margaux shall be under the custody of the
petitioner for 7 days every other week. On May 24, 1983, the petitioner filed an urgent
petition for issuance of a writ of preliminary injunction to prevent Brenda Hernando from
bringing the kid to the USA where she is bound for.

ISSUE:
Whether or not the petitioner Alejandro Hontiveros is entitled to custody of his minor child
Margaux.

RULING:
No.

Article 363 of the NCC provides that No mother shall be separated from her child under
seven years of age, unless the court finds compelling reasons for such measure. Clearly,
Brenda has a clear legal right under Art. 17 of PD 603 to the custody of her minor child,
there being no compelling reasons to the contrary.

While the petitioner would have the court believe that private respondent is unfit to take
care of his child, it is too late in the day to do so because under the Rules of Court, only
questions of law may be raised in the Supreme Court.

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