Principle of Best Interest applies to child custody

Dear PAO,

I converted to Islam sometime in 2010 and married my husband, who is a Muslim, six months later. Unfortunately, after our marriage, he manifested an unbearable attitude, and he was very jealous. We eventually separated. I reverted to Christianity and now I live with my minor son in Quezon City. My husband is contemplating filing a case before the Sharia Court to obtain custody of our minor son, claiming that I am unworthy as a mother. I would like to know as to what law (the Code of Muslim Personal Laws or the Family Code) should be followed on the issue of custody for our son.

Sharee Ann

Dear Sharee Ann,

Generally, the husband and wife shall exercise joint parental authority over their children. This is provided under the following provisions of both the Family Code of the Philippines (Executive Order 209, s. 1987) and The Code of Muslim Personal Laws of the Philippines (Presidential Decree 1083, s. 1977):

«Article 211, Title IX of the Family Code of the Philippines:

»The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

«Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.»

«Article 71 of The Code of Muslim Personal Laws of the Philippines:

»Who exercises. — (1) The father and the mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary."

Both laws clearly recognize joint parental authority over the children, and the same cannot be removed unless the concerned parent is deemed unfit. Since the issue of custody involves the interest of the child, we would like to emphasize that the paramount interest of the latter shall always prevail. This is in consonance with the pronouncement of the court in the case of Grande vs. Antonio, GR 206248, Feb. 18, 2014, where the Supreme