FACTS:

Petitioner Dinah B. Tonog and private respondent Edgar V. Daguimol had a child named Gardin Faith Belarde Tonog on September 23, 1989. After Gardin Faith's birth, petitioner went to the United States to work, leaving the child under the care of her father and paternal grandparents. Private respondent filed a petition for guardianship over Gardin Faith on January 10, 1992, which was granted by the trial court on March 9, 1992. Petitioner learned about the judgment on April 1, 1992 and filed a petition for relief from judgment. The trial court set aside its original judgment, allowing petitioner to file her opposition. Petitioner also filed a motion to remand custody of Gardin Faith to her. On November 18, 1994, the trial court granted petitioner's motion for custody. Private respondent appealed to the Court of Appeals, which initially dismissed the petition but later modified it to grant physical custody of Gardin Faith to petitioner until the final judgment on her custody is determined. Petitioner then filed a petition for review on certiorari seeking reversal of the Court of Appeals' rulings. Petitioner contends that as the mother, she is entitled to custody and that the child's welfare should be considered in custody disputes.

ISSUES:

1. Whether the custody of the minor, Gardin Faith Belarde Tonog, should be awarded to the petitioner or the private respondent.

RULING:

1. The Court of Appeals modified its previous decision and granted custody of the minor to the petitioner until the matter of her custody is determined by final judgment.

PRINCIPLES:

• In custody disputes, the welfare and well-being of the child are the paramount criterion in determining custody.

• The court must consider the respective resources and social and moral situations of the contending parents in deciding custody.

• The parents' right to custody over their children is enshrined in law.