Beckett vs. Judge Sarmiento, Jr. (A.M. No.

RTJ 12-2326)
Parental Authority

FACTS:

Geoffrey Beckett, an Australian was previously married to Eltesa Densing

Beckett, a Filipina and out of marriage, Geoffrey Beckett Jr. was born.

In 2006, Eltesa filed a case against Beckett in violation of R.A 7160 followed
by a suit for the declaration of nullity of marriage. For his part, Beckett commenced
criminal charges against Eltesa, one was for adultery. Both ended in sala of Judge
Olegario Sarmiento Jr.

The couples legal battle ended when Judge Sarmiento rendered judgment
based on a compromise agreement and categorically agreed that Beckett shall have
full and permanent custody over Geoffrey Jr, 5 years old, subject to visitation rights
of Eltesa.

Eltesa failed to return the custody of Geoffrey Jr. to Beckett prompting him to
file a case against Eltesa in violation of R.A 7160 and for the turnover of Geoffrey Jr
under his custody.

After going through proceedings, Judge Sarmiento rendered a judgment

granting the custody of Geoffrey Jr to Eltesa.

ISSUE:

W/N, Judge Sarmiento is guilty of gross ignorance of the law in granting the
custody of Geoffrey Jr. to Eltesa.

HELD:

No.

In disputes concerning post-separation custody over a minor, the well-settled

rule is that no child under seven years of age shall be separated from the mother,
unless the court finds compelling reasons to order otherwise. And if already 7 years
of age, the childs choice as to which parents he prefers shall be respected, unless
the parent chosen proves to be unfit. Further, in all actions concerning children,
whether undertaken by public or private social institutions, courts of law,
administrative authorities or legislative bodies, the best interest of the child shall be
a primary consideration.

A custody agreement can never be regarded as a permanent and

unbending, such that agreement would no longer be to the childs best interest.
 Thus, Judge Sarmiento is correct in granting the custody of Geoffrey Jr. to
Eltesa.