What are the compelling reasons for a mother to lose custody of a child?
■ As a general rule, a mother is to be preferred in awarding custody of children under the age of seven. The so-called tender-age presumption under Article 213 of the Family Code may be overcome only by compelling evidence of the mothers unfitness. The mother has been declared unsuitable to have custody of her children in one or more of the following instances: neglect, abandonment, unemployment, immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity or affliction with a communicable disease. (Gualberto vs Gualberto , G.R. No. 156254, June 28, 2005)
■ Even a mother may be deprived of the custody of her child who is below seven years of age for compelling reasons. Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. (Tonog vs Court of Appeals, G.R. No. 122906, February 7, 2002)