A NATURAL MOTHER HAS THE CORRESPONDING NATURAL AND LEGAL RIGHT TO THE CUSTODY OF A MINOR. SHE HAS THE PREFERENTIAL RIGHT OVER THE GRANDMOTHER OF THE SAID MINOR:

      The basic issue for our resolution is who between the mother and grandmother of minor Vincent should be his guardian. The Supreme Court agreed with the ruling of the Court of Appeals that respondent, being the natural mother of the minor, has the preferential right over that of petitioner to be his guardian.  This ruling finds support in Article 211 of the Family Code. Indeed, being the natural mother of minor Vincent, respondent has the corresponding natural and legal right to his custody.  In Sagala-Eslao vs. Court of Appeals, G.R. No. 116773, January 16, 1997,  the Supreme Court held: “Of considerable importance is the rule long accepted by the courts that ‘the right of parents to the custody of their minor children is one of the natural rights incident to parenthood,’ a right supported by law and sound public policy.  The right is an inherent one, which is not created by the state or decisions of the courts, but derives from the nature of the parental relationship.”

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