IN THE MATTER OF THE PETITION FOR
A WRIT OF HABEAS CORPUS OF MINOR
ANGELIE ANNE C. CERVANTES, NELSON
L. CERVANTES and ZENAIDA CARREON
CERVANTES, petitioners
v
GINA CARREON FAJARDO and
CONRADO FAJARDO, respondents
FACTS:
- Angelie Ann Cervantes was born on
14 February 1987 to Conrado
Fajardo and Gina Carreon, who are
common-law husband and wife.
- They offered the child for adoption
to Gina Carreon's sister and brother-
in-law, Zenaida Carreon-Cervantes
and Nelson Cervantes, spouses, who
took care and custody of the child
when she was barely two weeks old.
- An Affidavit of Consent to the
adoption of the child was executed
by respondent Gina Carreon.
- The petition for adoption was filed
by petitioners before the RTC of
Rizal, which granted the petition.
- Sometime in 1987, the adoptive
parents, Nelson and Zenaida
Cervantes, received a letter from the
respondents demanding to be paid
the amount of P150,000.00,
otherwise, they would get back their
child.
- Petitioners refused. As a result,
while petitioners were out at work,
the Gina Carreon took the child from
her "yaya" at the petitioners'
residence, on the pretext that she
was instructed to do so by her
mother.
- Gina Carreon brought the child to
her house. Petitioners demanded the
return of the child, but Gina Carreon
refused, saying that she had no
desire to give up her child for
adoption and that the affidavit of
consent to the adoption she had
executed was not fully explained to
her.
ISSUES:
- W/N the natural parents or the
adoptive parents have custody over
Angelie Ann Cervantes.
RULING:
- NO.
- The custody and care of the minor
Angelie Anne Cervantes are granted
to petitioners, Zenaida and Nelson
Cervantes, to whom they properly
belong.
- The provision that no mother shall
be separated from a child under five
(5) years of age, will not apply where
the Court finds compelling reasons
to rule otherwise.
- In all controversies regarding the
custody of minors, the foremost
consideration is the moral, physical
and social welfare of the child
concerned, taking into account the
resources and moral as well as social
standing of the contending parents.
- Conrado Fajardo's relationship with
the Gina Carreon is a common-law
husband and wife relationship.
- His open cohabitation with Gina will
not accord the minor that desirable
atmosphere where she can grow and
develop into an upright and moral-
minded person.
- Upon the other hand, petitioners
who are legally married appear to be
morally, physically, financially, and
socially capable of supporting the
minor and giving her a future better
than what the natural mother, who is
 not only jobless but also maintains
an illicit relation with a married
man, can most likely give her.
- Minor has been legally adopted by
petitioners with the full knowledge
and consent of respondents. A
decree of adoption has the effect of
dissolving the authority vested in
natural parents over the adopted
child.