604

SUPREMECOURTREPORTSANNOTATED
Silva vs. Court of Appeals
*

G.R.No.114742.July17,1997.

CARLITOS E. SILVA, petitioner, vs. HON. COURT OF

APPEALSandSUZANNET.GONZALES,respondents.
Parent and Child; Custody; Words and Phrases; Visitation
right is the right of access of a noncustodial parent to his or her
child or children.The issue before us is not really a question of
childcustody;instead,thecasemerelyconcernsthevisitationright
ofaparentoverhischildrenwhichthetrialcourthasadjudgedin
favorofpetitionerbyholdingthatheshallhavevisitorialrightsto
his children during Saturdays and/or Sundays, but in no case
(could) he take out the children without the written consent of the
mother
______________
* FIRSTDIVISION.

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Silva vs. Court of Appeals

xxx.Thevisitationrightreferredtoistherightofaccessofanon
custodialparenttohisorherchildorchildren.
Same; Same; Illegitimate Children; There is nothing conclusive
to indicate that the constitutional and legal provisions on the
natural right and duty of parents are meant to solely address
themselves to legitimate relationships.Thereis,despiteadearthof
specific legal provisions, enough recognition on the inherent and
natural right of parents over their children. Article 150 of the
Family Code expresses that (f)amily relations include those x x x
(2)(b)etweenparentsandchildren;xxx.Article209,inrelationto
Article220,oftheCodestatesthatitisthenatural right and duty
of parents and those exercising parental authority to, among other
things, keep children in their company and to give them love and
affection, advice and counsel, companionship and understanding.
TheConstitutionitselfspeaksintermsofthenatural and primary
rights of parents in the rearing of the youth. There is nothing
conclusive to indicate that these provisions are meant to solely

address themselves to legitimate relationships. Indeed, although in

varying degrees, the laws on support and successional rights, by
way of examples, clearly go beyond the legitimate members of the
familyandsoexplicitlyencompassillegitimaterelationshipsaswell.
Then, too, and most importantly, in the declaration of nullity of
marriages, a situation that presupposes a void or inexistent
marriage, Article 49 of the Family Code provides for appropriate
visitation rights to parents who are not given custody of their
children.
Same; Same; In all cases involving a child, his interest and
welfare is always the paramount consideration.Thereisnodoubt
thatinallcasesinvolvingachild,hisinterestandwelfareisalways
the paramount consideration. The Court shares the view of the
SolicitorGeneral,whohasrecommendedduecoursetothepetition,
that a few hours spent by petitioner with the children, however,
couldnotallbethatdetrimentaltothechildren.

PETITIONforreviewoncertiorariofadecisionoftheCourt
ofAppeals.
ThefactsarestatedintheopinionoftheCourt.
Agcaoili Law Officesforpetitioner.
German S. Gonzales, Sr.forprivaterespondent.
606

606

SUPREMECOURTREPORTSANNOTATED
Silva vs. Court of Appeals

VITUG,J.:
Parents have the natural right, as well as the moral and
legal duty, to care for their children, see to their proper
upbringing and safeguard their best interest and welfare.
Thisauthorityandresponsibilitymaynotbeundulydenied
the parents; neither may it be renounced by them. Even
whentheparentsareestrangedandtheiraffectionforeach
otherislost,theattachmentandfeelingfortheiroffsprings
invariably remain unchanged. Neither the law nor the
courtsallowthisaffinitytosufferabsent,ofcourse,anyreal,
graveandimminentthreattothewellbeingofthechild.
Thepetitionbearsuponthisconcern.
Carlitos E. Silva, a married businessman, and Suzanne
T.Gonzales,anunmarriedlocalactress,cohabitedwithout
the benefit of marriage. The union saw the birth of two
children: Ramon Carlos and Rica Natalia. Not very long
after, a rift in their relationship surfaced. It began,
according to Silva, when Gonzales decided to resume her
actingcareeroverhisvigorousobjections.Theassertionwas
quickly refuted by Gonzales who claimed that she, in fact,
had never stopped working throughout their relationship.
Atanyrate,thetwoeventuallypartedways.
Theinstantcontroversywasspawned,inFebruary1986,
by the refusal of Gonzales to allow Silva, in apparent
contravention of a previous understanding, to have the
childreninhiscompanyonweekends.Silvafiledapetition
for custodial rights over the children before the Regional

Trial Court (RTC), Branch 78, of Quezon City. The

petition was opposed by Gonzales who averred that Silva
often engaged in gambling and womanizing which she
feared could affect the moral and social values of the
children.
In an order, dated 07 April 1989, the trial court
adjudged:
WHEREFORE, premises considered, judgment is rendered
directing respondent to allow herein petitioner visitorial rights to
his children during Saturdays and/or Sundays, but in no case
should he
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Silva vs. Court of Appeals

take out the children without the written consent of the mother or
1
respondent herein.Nopronouncementastocosts.

Silva appeared somehow satisfied with the judgment for

onlyGonzalesinterposedanappealfromtheRTCsorderto
theCourtofAppeals.
In the meantime, Gonzales got married to a Dutch
national.ThenewlywedsemigratedtoHollandwithRamon
CarlosandRicaNatalia.
On 23 September 1993, the appellate tribunal ruled in
favorofGonzales;itheld:
In all questions, regarding the care, custody, education and
property of the child, his welfare shall be the paramount
considerationnot the welfare of the parents (Art. 8, PD 603).
Under the predicament and/or status of both petitionerappellee
and respondentappellant, We find it more wholesome morally and
emotionally for the children if we put a stop to the rotation of
custody of said children. Allowing these children to stay with their
motheronweekdaysandthenwiththeirfatherandthelatterslive
in partner on weekends may not be conducive to a normal up
bringingofchildrenoftenderage.Thereisnotellinghowthiskind
ofsetup,nomatterhowtemporaryand/orremote,wouldaffectthe
moralandemotionalconditionsoftheminorchildren.Knowingthat
they are illegitimate is hard enough, but having to live with it,
witnessing their father living with a woman not their mother may
haveamoredamagingeffectuponthem.
Article 3 of PD 603, otherwise known as the Child and Youth
WelfareCode,providesinpart:
Art.3.Rights of the Child.xxx
(1) xxx
(2) xxx
(3) xxx
(4) xxx
(5) Every child has the right to be brought up in an atmosphere of
morality and rectitude for the enrichment and the strengthening
of his character.
______________

1Rollo,p.29.

608

608

SUPREMECOURTREPORTSANNOTATED
Silva vs. Court of Appeals

(6) xxx
(7) xxx
(8) Everychildhastherightto protection againstexploitation,
improper influences, hazards and other conditions or
circumstances prejudicial to hisphysical,mental, emotional,
social and moral development.
xxx
WithArticles3and8ofPDNo.603,inmind,Wefindittothe
best interest of the minor children, to deny visitorial and/or
temporary custodial rights to the father, even at the expense of
hurting said parent. After all, if indeed his love for the children is
genuine and more divine than the love for himself, a little self
sacrifice and selfdenial may bring more benefit to the children.
Whilepetitionerappellee,asfather,maynotintentionallyprejudice
thechildrenbyimproperinfluence,whatthechildrenmaywitness
and hear while in their fathers house may not be in keeping with
the atmosphere of morality and rectitude where they should be
broughtup.
Thechildrenconcernedarestillintheirearlyformativeyearsof
life. The molding of the character of the child starts at home. A
home with only one parent is more normal than two separate
houses(one house where one parent lives and another house
wheretheotherparentwith another woman/man lives). After all,
under Article 176 of the Family Code, illegitimate children are
supposed to use the surname of and shall be under the parental
authorityoftheirmother.
Thechildisoneofthemostimportantassetsofthenation.Itis
thusimportantwebecarefulinrearingthechildrenespeciallysoif
theyareillegitimates,asinthiscase.
WHEREFORE,inviewofalltheforegoing,judgmentishereby
renderedgivingduecoursetotheappeal.TheOrderoftheRegional
Trial Court of Quezon City dated April 7, 1989 is hereby reversed.
Petitionerappelleespetitionforvisitorialrightsisherebydenied.
2
SOORDERED.

SilvacomestothisCourtforrelief.
_______________
2Rollo,pp.2223.

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Silva vs. Court of Appeals

Theissuebeforeusisnotreallyaquestionofchildcustody;
instead, the case merely concerns the visitation right of a
parentoverhischildrenwhichthetrialcourthasadjudged
in favor of petitioner by holding that he shall have

visitorial rights to his children during Saturdays and/or

Sundays, but in no case (could) he take out the children
without the written consent of the mother x x x. The
visitation right referred to is the right of access
of a
3
noncustodialparenttohisorherchildorchildren.
There is, despite a dearth of specific legal provisions,
enough recognition on the inherent and natural right of
parentsovertheirchildren.Article150oftheFamilyCode
expresses that (f)amily relations include those x x x (2)
(b)etween parents and children; x x x. Article 209, in
relation to Article 220, of the Code states that it is the
natural right and duty of parents and those exercising
parentalauthorityto,amongotherthings,keepchildrenin
their company and to give them love and affection, advice
and counsel, companionship and understanding. The
Constitution itself speaks in terms of the natural and4
primary rights of parents in the rearing of the youth.
Thereisnothingconclusivetoindicatethattheseprovisions
are meant to solely address themselves to legitimate
relationships.Indeed,althoughinvaryingdegrees,thelaws
on support and successional rights, by way of examples,
clearlygobeyondthelegitimatemembersofthefamilyand5
so explicitly encompass illegitimate relationships as well.
Then, too, and most importantly, in the declaration of
nullityofmarriages,asituationthatpresupposesavoidor
inexistentmarriage,Article49oftheFamilyCodeprovides
for appropriate visitation rights to parents who are not
givencustodyoftheirchildren.
Thereisnodoubtthatinallcasesinvolvingachild,his
interestandwelfareisalwaystheparamountconsideration.
TheCourtsharestheviewoftheSolicitorGeneral,whohas
______________
3SeeBlacksLawDictionary,Sixthedition,p.1572.
4Art.II,Sec.12,1987Constitution.
5Arts.176,195FamilyCode.

610

610

SUPREMECOURTREPORTSANNOTATED
Silva vs. Court of Appeals

recommended due course to the petition, that a few hours

spentbypetitionerwiththechildren,however,couldnotall
bethatdetrimentaltothechildren.Similarly,whatthetrial
courthasobservedisnotentirelywithoutmerit;thus:
The allegations of respondent against the character of petitioner,
evenassumingastrue,cannotbetakenassufficientbasistorender
petitioneranunfitfather.Thefearsexpressedbyrespondenttothe
effect that petitioner shall be able to corrupt and degrade their
children once allowed to even temporarily associate with petitioner
is but the product of respondents unfounded imagination, for no
man,bereftofallmoralpersuasionsandgoodness,wouldevertake
thetroubleandexpenseininstitutingalegalactionforthepurpose
ofseeinghisillegitimatechildren.Itcanjustbeimaginedthedeep
6
sorrowsofafatherwhoisdeprivedofhischildrenoftenderages.

The Court appreciates the apprehensions of private

respondent and their wellmeant concern for the children;
nevertheless, it seems unlikely that petitioner would have
ulterior motives or undue designs more than a parents
naturaldesiretobeabletocallon,evenifitwereonlyon
brief visits, his own children. The trial court, in any case,
hasseenitfittounderstandablyprovidethisprecautionary
measure, i.e., in no case (can petitioner) take out the
childrenwithoutthewrittenconsentofthemother.
WHEREFORE, the decision of the trial court is
REINSTATED, reversing thereby the judgment of the
appellatecourtwhichisherebySETASIDE.Nocosts.
SOORDERED.
Padilla (Chairman), Bellosillo and Kapunan, JJ.,
concur.
Hermosisima, Jr., J.,Onleave.
Judgment reversed and set aside, that of the court a quo
reinstated.
______________
6Rollo,p.29.

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Pono vs. National Labor Relations Commission

Notes.A marriage though void still needs a judicial
declaration of such fact under the Family Code even for
purposes other than remarriage. (Domingo vs. Court of
Appeals,226SCRA572[1993])
An unrecognized spurious child has no rights from his
parents or to their estate. (Ilano vs. Court of Appeals, 230
SCRA242[1994])
Ofthedifferentcategoriesofillegitimatechildrenunder
the old Civil Code, the natural child occupies the highest
position,shebeingthechildofparentswho,atthetimeof
herconception,werenotdisqualifiedbyanyimpedimentto
marryeachother.(Alberto vs. Court of Appeals,232SCRA
745[1994])
o0o

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