Faeldon loses custody case on minor children

December 1, 2015 10:57 am 

By Perfecto T. Raymundo

MANILA, Nov. 30 (PNA) — Philippine Marines Capt. Nicanor Faeldon has lost his legal battle over the custody of his three minor children.

This after the Court of Appeals (CA) denied the motion for reconsideration (MR) and supplement to the MR filed by Faeldon.

In a six-page ruling written by Associate Justice Romeo Barza, the CA’s Former Third Division said that Faeldon’s plea failed “to prove by positive and clear evidence that it is to the best interest of the minor children to be in his custody than that of the mother [Archillene Belenzo.]”

Faeldon filed his motion after the CA dismissed his petition for issuance of the writ of habeas corpus on the ground that the health and safety of the minor children are at stake.

Faeldon fears that their children could be starving and in great need of medical attention during the pendency of the petition.

The petitioner had allegedly observed that his daughter looked so sick, pale and severely malnourished, with insect bites and rashes on her skin. Belenzo as well as their child is also allegedly suffering from tuberculosis.

However, in its Nov. 23, 2015 ruling, the CA found that “the petitioner’s allegation of compelling reason such as affliction with communicable disease – tuberculosis – on the part of Belenzo, unfounded.”

The CA said that Faeldon “has not adequately shown that the rightful custody of the minor children in this case is being withheld from him by the respondent.”

The CA also stood by its earlier pronouncement that “illegitimate children shall be under the parental custody of their mother” and that “no child under seven years of age shall be separated from the mother, unless the court finds compelling reason to order otherwise.”

Concurring with the ruling were Associate Justices Rosmari Carandang and Agnes Reyes-Carpio. (PNA)

RMA/PTR/EDS

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