LEOUEL SANTOS, SR. vs.

COURT OF APPEALS, and SPOUSES LEOPOLDO and OFELIA BEDIA

G.R. No. 113054 | March 16, 1995
Ponente: J. Romero

Facts:

Petitioner Leouel Santos, Sr., an army lieutenant, and Julia Bedia were married and had a son, Leouel
Santos, Jr. The child was in the care of his maternal grandparents, Leopoldo and Ofelia Bedia, since birth.
Julia Bedia-Santos, the child's mother, left for the United States to work. The petitioner allegedly
abducted the child and took him to his hometown in Bacong, Negros Oriental. The grandparents filed a
petition for custody, which was granted by the trial court and affirmed by the Court of Appeals. The
petitioner appealed, arguing that he is a fit parent, and custody should be awarded to him.

Issue:

Whether custody of the minor Leouel Santos Jr. should be awarded to the father or the maternal
grandparents.

Ruling:

The petition is granted. Custody over the minor Leouel Santos Jr. is awarded to his legitimate father,
Leouel Santos, Sr. The Court held that the child's best interest is of paramount importance, and the
father had not been proven unfit or unsuitable to have custody. The financial status of the grandparents
is not a deciding factor, and the father's previous inattention, though criticized, does not amount to
abandonment. The father's occupation as a soldier and temporary separations due to military duties
should not deprive him of custody, and his use of trickery, while unjustifiable, is not a sufficient ground
to deny him custody. The strong attachment of the grandparents to the child should not be seen as
incompatible with the father's right to custody.