BRIONES VS MIGUEL, 440 SCRA 455

FACTS: On March 5, 2002, petitioner Joey D. Briones filed a Petition for Habeas
Corpus against respondents Maricel Pineda Miguel and Francisca Pineda Miguel, to
obtain custody of his minor child Michael Kevin Pineda. The petitioner alleges that the
minor Michael Kevin Pineda is his illegitimate son with respondent Loreta P. Miguel. The
petitioner prays that the custody of his son Michael Kevin Pineda be given to him as his
biological father and [as] he has demonstrated his capability to support and educate
him.

ISSUE:

Whether or not as the natural father, may be denied the custody and parental
care of his own child in the absence of the mother who is away.

HELD:
There is thus no question that Respondent Loreta, being the mother of and
having sole parental authority over the minor, is entitled to have custody of him.
She has the right to keep him in her company. She cannot be deprived of that
right, and she may not even renounce or transfer it "except in the cases
authorized by law. Not to be ignored in Article 213 of the Family Code is the
caveat that, generally, no child under seven years of age shall be separated from
the mother, except when the court finds cause to order otherwise.