MARIA CORTES v.

CANDIDA CASTILLO
Facts:
Maria Cortes and Alejandro Herrera were legally married. During their marriage Alejandro Herrera found her
wife seeing another man and filed a case of adultery. Maria Cortes was found guilty and was sentenced to 3
years, 6 months and 21 days of imprisonment. Later on, Alejandro condoned the guilty spouse and secured
a pardon for her.
Not long thereafter, Alejandro became suspicious about the conduct of his wife. He decided to take his 2
children away from their dwelling and live in the house of his parents until he died living the 2 children to
Candida Castillo, his mother.
Maria filed a petition to the court to have an authority over the 2 children.
Issue:
Whether or not the court has a discretionary power by depriving the mother of such authority?
Held/Ruling:
Maria Cortes had insufficient means to support the children. Ineffectual attempts to prove the continued
immoral conduct of the mother were also made and in Article 171 of the Civil Code, presumably still in force,
because of continued judicial construction and enforcement, provides that parents who, by the example set
by them, tend to corrupt their offspring, may be deprived by the courts of their parental authority.
In this instance, we are of the opinion that such unfitness on the part of the mother has been shown as
warranted the trial court, in the exercise of a sound judicial discretion, in leaving the children in the custody
of their grandmother.
Judgment is affirmed with costs against the appellant. So ordered.