Chua vs Cabangbang

[G.R. No. L-23253. March 28, 1969]

Facts:
 Pacita Chua, when still in the prime of youth, supported herself by working in
nightclubs as a hostess. And sexual liaison she had with man after man without benefit
of marriage.
 She cohabitated with Sy Sia Lay bu whom she had 2 children named Robert and Betty
Chua Sy(born Dec 15, 1957); they separated eventually. Afterwards she met Victor Tan
Villareal, with whom she had a daughter with.
 Sometime in May 1958, Bartolome Cabangbang and his wife, a childless couple,
acquired the custody of the child Betty.
 Pacita Chua now wants to have custody over Betty.

Issue:
W/N the Court can deprive or suspend Pacita Chua’s parental authority?

Held:
Yes.
Art. 332 of the Civil Code provides, inter alia:
“The courts may deprive the parents of their authority or suspend the exercise of the same
if they should treat their children with excessive harshness or should give them corrupting
orders, counsels, or examples, or should make them beg or abandon them.”

Abandoment is therefore one of the grounds for depriving parent of parental authority over
their children. In the Court’s mind, mere acquiescence – without more – is not sufficient to
constitute abandonment. But the records yield a host of circumstances which, in their totality,
unmistakably betray the petitioner’s settled purpose and intention to completely forego all
parental responsibilities and forever relinquish all parental claim in respect to the child.

Note:
Cases where parents may be deprived of parental authority
- Parental authority cannot be renounced or transferred, except in cases of
guardianship or adoption approved by the courts, or emancipation by concession, it
indicates, in cases specified by law, deprive parents of their parental authority.