Senator Tito Sotto found himself in the middle of a controversy when during the confirmation hearing of DSWD Secretary Judy Taguiwalo he used the term “inano lang” to refer to the fact that Taguiwalo is a single mother. Many individuals expressed their objection and condemnation over the senator’s words saying that it is offensive, discriminatory and degrading. It was also said that the use of the term is unbecoming of a sitting senator of the republic. Of course Senator Sotto defended himself saying that he did not intend to offend or degrade the Secretary but merely mentioned the term which is a slang used to refer to single mothers. Nevertheless, single mothers should not be discriminated against but their courage and resolve to carry on with the gargantuan task of rearing a child alone should be recognized. Laws have been passed and numerous decisions have been rendered upholding the rights of the unwed or single mother.
Briones vs. Miguel
This is a case about who should have custody of a child born out of wedlock. Maricel Miguel and Joey Briones had a child out of wedlock- Michael Pineda. Maricel married a Japanese national and was a resident of Japan. Since Maricel was in Japan Joey took care of Michael. One day Maricel and a companion requested Joey to allow them to bring Michael to a department store and promised that they return him in the afternoon. They never did. Maricel took Michael which necessitated the filling of a habeas corpus case for Maricel to present the body of Michael before the Court of Appeals. Joey prayed that custody of the child be given to him since aside from being the biological father, he is also very capable of taking care of his needs. Maricel denied all the allegations and claimed that she did not take away Michael and the truth is that she brought Michael back from Japan after Joey was deported to the Philippines. The Court of Appeals (CA) denied Joey’s prayer and granted the custody of the minor to Maricel until Michael reaches the age of 10. Then he can choose a parent to whom he will live with. Joey was granted visitational rights.
SC Modified the Decision
The High Tribunal modified the decision of the CA only with respect to the part where Michael upon reaching the age of 10 can choose a parent to whom he will live with. The Supreme Court said: “the CA erroneously applied Section 6 of Rule 99 of the Rules of Court. This provision contemplates a situation in which the parents of the minor are married to each other, but are separated either by virtue of a decree of legal separation or because they are living separately de facto.” (Briones vs. Miguel G.R. No. 156343 October 18, 2004) Despite Joey’s plea that he be given custody since Maricel is always outside the country and that he can provide for the needs of the minor. The SC upheld the right of the mother to have custody of he illegitimate child. Said the Court: “Having been born outside a valid marriage, the minor is deemed an illegitimate child of petitioner and Respondent Loreta. Article 176 of the Family Code of the Philippines explicitly provides that illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. This is the rule regardless of whether the father admits paternity.” It was also emphasized by the Court that custody over the child cannot be easily taken away from the mother. “Only the most compelling of reasons, such as the mothers unfitness to exercise sole parental authority, shall justify her deprivation of parental authority and the award of custody to someone else.”