• Faeldon loses custody over children


    PHILIPPINE Marines Captain Nicanor Faeldon has lost his legal battle over the custody of his three minor children after the Court of Appeals (CA) denied his motion for reconsideration (MR) of a lower court’s dismissal of his petition for writ of habeas corpus. In a resolution penned by Associate Justice Romeo Barza and concurred in by Associate Justices Rosmari Carandang and Agnes Reyes-Carpio, the CA held that Faeldon’s plea failed “to prove by positive and clear evidence that it is to the best interest of the minor children to be in his custody than that of the mother (Archillene Belenzo.)” Faeldon argued that the health and safety of the minor children are at stake. However, in its November 23, 2015 but released only recently, the appeals court found that “the petitioner’s allegation of compelling reason…. is unfounded.” The CA also stood by its earlier pronouncement that “illegitimate children shall be under the parental custody of their mother” and that “no child under seven years of age shall be separated from the mother, unless the court finds compelling reason to order otherwise.”


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