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Joycelyn Pablo-Gualberto vs. Crisanto Rafaelito Gualberto

JOYCELYN PABLO-GUALBERTO, Petitioner, vs. CRISANTO RAFAELITO GUALBERTO V, Respondent. and CRISANTO RAFAELITO G. GUALBERTO V, Petitioner, vs. COURT OF APPEALS, Hon. HELEN B. RICAFORT, Presiding Judge, Regional Trial Court Parañaque City, Branch 260; and JOYCELYN D. PABLO-GUALBERTO, Respondents.

G.R. No. 154994 and G.R. No. 156254 | 2005-06-28

THIRD DIVISION

D E C I S I O N 


PANGANIBAN, J.: 

When love is lost between spouses and the marriage inevitably results in separation, the bitterest tussle is often over the custody of their children. The Court is now tasked to settle the opposing claims of the parents for custody pendente lite of their child who is less than seven years of age. There being no sufficient proof of any compelling reason to separate the minor from his mother, custody should remain with her. 

The Case 

Before us are two consolidated petitions. The first is a Petition for Review[1] filed by Joycelyn Pablo-Gualberto under Rule 45 of the Rules of...