12ĭissatisfied, Ricky James moved for reconsideration, 13 lamenting the " speed in the issuance of the x x x award of custody over the child to. Thus, in the fallo of said Order, the RTC declared that it will "NOT GIVE FURTHER DUE COURSE" to the petition a quo. In an Order 11 dated December 4, 2015, the RTC ruled that the custody of three (3)-year-old Queenie rightfully belongs to Renalyn, citing the second paragraph of Article 213 of the Family Code, which states that "o child under seven years of age shall be separated from the mother x x x." The RTC likewise found that, while Renalyn went to Manila to study dentistry and left Queenie in the custody of her parents, her intention was to bring Queenie to Manila at a later time. 9Ī hearing was conducted on December 3, 2015, where Renalyn brought Queenie and expressed the desire for her daughter to remain in her custody. FC-15-239 before the RTC (petition a quo). Consequently, Ricky James filed a petition for habeas corpus and child custody 8 docketed as SP No.
#Doctrine of ricky king full#
When asked to give Queenie back, Renalyn's parents refused and instead showed a copy of a Special Power of Attorney 7 (SPA) executed by Renalyn granting full parental rights, authority, and custody over Queenie to them.
Ricky James alleged that on November 7, 2015, Spouses Renata and Marlyn Masbate (Renalyn's parents) took Queenie from the school where he had enrolled her. Renalyn went to Manila, supposedly leaving Queenie behind in the care and custody of her father, Ricky James. Three (3) years later, or in April 2015, the relationship ended. Queenie was born on to Renalyn and Ricky James, who had been living together with Renalyn's parents without the benefit of marriage. Masbate (Renalyn), on top of visitation rights fixed at two (2) days per week. Relucio (Queenie), his illegitimate daughter with petitioner Renalyn A. FC-15-239, directed the remand of the case to the RTC for trial, and granted respondent Ricky James Relucio (Ricky James) "temporary custody" once a month for a period not exceeding twenty-four (24) hours over the minor, Queenie Angel M.
#Doctrine of ricky king trial#
144406, which set aside the Orders dated Decem4 and Janu5 of the Regional Trial Court of Legazpi City, Albay, Branch 8 (RTC) in Special Proceeding (SP) No.
Assailed in this petition for review on certiorari 1 are the Decision 2 dated Januand the Omnibus Resolution 3 dated Octoof the Court of Appeals (CA) in CA-G.R.
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