MATUTE VS MACADAEG AND MEDEL​ (GR No.

L-9325 | May 30, 1956)

Petitioner: Rosario Matute
Respondent: Hon. Higinio Macadaeg
Topic: Support and Custody of Children

SUMMARY: ​Armando Medel and Rosario Matute were legally separated in 1952, and Armando
was awarded custody of their four children. After taking their kids to Manila for her father’s
funeral, Rosario did no return the children to Armando, and instead filed a case for their
custody. Armando asked for an issuance of a writ of preliminary injunction against petitioner, as
well as the charging of contempt of court, and the former was granted. Petitioner filed case
against the judge who issued the decision. Court held that there was no grave abuse of
discretion on the part of Judge Macadaeg, since he was merely enforcing the first judgment
awarding custody of their children to Armando.
FACTS:
● Armando Medel successfully filed for legal separation from Rosario Matute on the
ground of her adultery with his brother, Ernesto Medel.
● The decree also awarded custody of their four children to Armando.
● Thereafter, Armando went to the United States, and left their children in the care of his
sister, Pilar Medel. Meanwhile, Rosario lived in Pilar’s house in order to be with her
children.
● 1955- Armando returned from the US; afterwards lived in Davao with his children.
● April 1955
o Rosario brought the children to Manila to attend her father’s funeral; Armando
consented; Rosario promised to bring back the children after two weeks.
o Instead of returning the children, Rosario filed a case asking for the custody of
the children to be transferred to her on the ground that their children did not want
to live with their father anymore because he was cohabiting with another woman.
o Armando asked the Court to charge Rosario with contempt because she did not
follow the Court order providing him with custody; also asked for writ of
preliminary injunction.
o Judge Macaraeg, however, absolved Rosario of contempt of court because she
took the children with the consent of their father; however, asked her to return the
children within 25 hours from notice.
● Petitioner filed current case for certiorari against Judge Macaraeg.
ISSUES:
1.​ ​WoN Judge Macaraeg’s decision had been issued with grave abuse of discretion.
HELD:
1. NO
● Said order merely enforces the award made in the initial decision (the one which legally
separated Armando and Rosario and awarded custody to the former), which is final and
executory.
 ● Poverty, as well as other causes rendered Rosario unfit to take care of their children
according to the aforementioned decision regarding custody.
RULING:
Petition is DENIED.