AGNES GAMBOA-HIRSCH vs. HON.

COURT OF APPEALS and FRANKLIN HARVEY HIRSCH

GR No. 174485 | July 11, 2007
Ponente: J. Velasco, Jr.

Facts:

Agnes Gamboa-Hirsch and Franklin Harvey Hirsch, a married couple with a daughter named Simone Noelle
Hirsch, faced marital issues stemming from a disagreement about their residence. Agnes wanted to live in
Makati City, while Franklin insisted on staying in Boracay Island. In March 2006, Agnes visited their Boracay
home, sought money, and Franklin's permission to take Simone to Makati for a vacation. However, Franklin
later discovered that Agnes did not intend to return with Simone. Franklin filed a habeas corpus petition with
the Court of Appeals (CA), leading to a CA resolution ordering Simone's appearance in court on May 26, 2006.
The CA, in its June 8, 2006 decision, granted joint custody of Simone to both parents. Agnes sought
reconsideration, but the CA denied it on August 3, 2006. Agnes then filed a Rule 65 certiorari petition with
the Supreme Court to set aside the CA's decisions and requested a temporary restraining order to halt their
implementation.

Issues:

(A) Whether the CA acted with grave abuse of discretion when it granted joint custody without proper
evidence.

(B) Whether the CA's decision contradicted its pronouncements during the May 26, 2006 hearing.

(C) Whether the CA erred in granting joint custody contrary to Family Code provisions and established
jurisprudence.

Held/Ruling:

The Supreme Court found merit in Agnes Gamboa-Hirsch's petition. The CA committed grave abuse of
discretion when it granted joint custody of Simone to both parents. The Court emphasized that the best
interests and welfare of the child should be paramount in such cases, in accordance with international
conventions and domestic laws. The "tender-age presumption" could only be overcome by compelling
evidence of the mother's unfitness, such as neglect, abandonment, immorality, or other serious concerns,
none of which were proven in this case. Therefore, no compelling reason existed to remove custody from the
mother. The Supreme Court set aside the CA's June 8, 2006 Decision and August 3, 2006 Resolution, and
awarded sole custody of Simone Noelle Hirsch to the mother, Agnes Gamboa-Hirsch.