SC awards grandparents custody over father after mother's death

MANILA, Philippines — In cases involving illegitimate children where the mother is the sole legitimate parental authority, the grandparents shall exercise "substitute parental authority," as specified in the Family Code, the Supreme Court (SC) said.

In a June 26, 2023 decision, the Supreme Court's second division "partially granted" a petition by a minor's grandparents challenging the award of custody to the minor's father following the mother's death shortly after childbirth.

The case stemmed from a habeas corpus petition filed by Winston Clark Stolk in a Regional Trial Court (RTC), seeking absolute custody of his minor son, Winston, after the death of the child's mother, Catherine Daen. 

It should be noted that Stolk and his late wife, Catherine Daen, lived together in the United States for four years without marrying,

Daen returned to the Philippines in 2007 to give birth, after which she passed away, leaving the child in the care of her parents, Nora Lopez and Marcelino Alfonso.

The RTC granted Stolk's petition and gave him the custody of Winston. 

The court found that the DNA test, which indicated a 99.9997% probability of paternity, along with the parentage report and Winston's birth certificate, confirmed Stolk's right to custody and parental authority over Winston.

The grandparents contested the decision, filing a motion for reconsideration and arguing for a Department of Social Welfare and Development case study to determine the best environment for Winston.

They cited Stolk's legal issues in the US and Suriname and the fact that Stolk and Daen were not married.

However, the RTC denied the motion for reconsideration, which prompted them to file a petition before the Court of Appeals (CA).

The appellate court also denied their petition for being “time-barred” and said that the RTC’s decision already attained finality.

Despite the lower court’s agreement with the petitioner, the SC said that the RTC and the CA erred in awarding Stolk the custody of the child based solely on parentage.

Citing Article 214 of the Family Code, the High Court reiterated that in case of the death, absence, or unsuitability of the parents, substitute parental authority shall be