Chapter 1. General
Provisions
What do parental authority and
responsibility include?
Pursuant to the
natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall
include
- the caring for and rearing them for civic consciousness and efficiency and
- the development of their moral, mental and
physical character and well-being. (Art. 209, FC)
May parental authority be renounced or
transferred?
Parental authority and
responsibility may not be renounced or transferred except in the cases authorized by law (Art. 210, FC),
such as: adoption (Art. 189, par. 2, FC), guardianship (Art. 222,
FC), commitment of the child in entities or institutions engaged in child care or in children's home duly accredited by the
proper government agency (Art. 224, FC).
Who has parental authority over the
persons of the common children?
The father and the
mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary (Art. 211, FC).
What are the
responsibilities of children to their parents?
Children shall always
observe respect and reverence towards their parents and are obliged to obey
them as long as the children are under parental authority.
In case of absence,
death or remarriage of either parent, who shall exercise parental authority?
In case of absence or
death of either parent, the parent present shall continue exercising parental authority. The remarriage of the
surviving parent shall not affect the parental authority over the children,
unless the court appoints another person to be the guardian of the person or
property of the children. (Art. 212, FC)
In case of separation
of the parents, who shall exercise
parental authority?
In case of separation
of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit. (Art. 213, FC)
In death, absence
or unsuitability of both parents, who shall exercise parental authority?
In case of death,
absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding
article, shall exercise the authority. (Art. 214, FC)
Can a child be
compelled to testify against his parents in criminal case?
No descendant shall be
compelled, in a criminal case, to testify against his parents and grandparents,
except when such testimony is indispensable in a crime against the descendant
or by one parent against the other. (Art. 215, FC)
Chapter 2. Substitute and Special Parental Authority
In default of parents or a judicially appointed guardian, who shall exercise
substitute parental authority?
In default of parents
or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as
provided in Art. 214;
(2) The oldest brother or sister,
over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian,
over twenty-one years of age, unless unfit or disqualified.
Whenever the
appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. (Art. 216, FC)
Upon whom is parental
authority entrusted in case of foundlings, abandoned neglected or abused
children and other children similarly situated?
In case of foundlings,
abandoned neglected or abused children and other children similarly situated,
parental authority shall be entrusted in summary judicial proceedings to heads
of children's homes, orphanages and similar institutions duly accredited by the
proper government agency. (Art. 217, FC)
Who exercise special
parental authority and responsibility over the minor child? What is the extent
of such authority and responsibility?
The school, its
administrators and teachers, or the individual, entity or institution engaged
in child are shall have special parental authority and responsibility over the
minor child while under their supervision, instruction or custody.
Authority and
responsibility shall apply to all authorized activities whether inside or
outside the premises of the school, entity or institution. (Art. 218, FC)
Who are liable for
damages caused by the acts or omission of the unemancipated minor?
Those given the
authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the persons exercising
substitute parental authority over said minor shall be subsidiarily liable.
The respective liabilities
of those referred to in the preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required under the particular
circumstances.
All other cases not
covered by this and the preceding articles shall be governed by the provisions
of the Civil Code on quasi-delicts. (Art. 219)
Chapter 3. Effect of Parental Authority
Upon the Persons of the Children
Other than those provided for in Chapters 2 and 3 of P.D. No. 603, what
rights and duties shall the parents and those exercising parental authority
have with respect to their unemancipated children or wards?
The parents and those
exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
(1) To keep them in their company,
to support, educate and instruct them by right precept and good example, and to
provide for their upbringing in keeping with their means;
(2) To give them love and
affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and
spiritual guidance, inculcate in them honesty, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their interest in civic affairs,
and inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and
wholesome educational materials, supervise their activities, recreation and
association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all
matters affecting their interests;
(6) To demand from them respect
and obedience;
(7) To impose discipline on them
as may be required under the circumstances; and
(8) To perform such other duties
as are imposed by law upon parents and guardians. (Art. 220, FC)
What is the extent of
liability of parents and other persons exercising parental authority for the
injuries and damages caused by the acts or omisssions of their unemancipated
children?
Parents and other
persons exercising parental authority shall be civilly liable for the injuries
and damages caused by the acts or omissions of their unemancipated children
living in their company and under their parental authority subject to the
appropriate defenses provided by law. (Art. 221, FC, Arts 2180 and 2194 NCC)
When may the court
appoint a guardian of the child's property or a guardian ad litem?
The courts may appoint
a guardian of the child's property or a guardian ad litem when the best
interests of the child so requires.
What actions may be
adopted by the parents or those exercising parental authority to provide for
disciplinary measures over the child?
The parents or, in
their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child
resides, for an order providing for disciplinary measures over the child. The
child shall be entitled to the assistance of counsel, either of his choice or
appointed by the court, and a summary hearing shall be conducted wherein the
petitioner and the child shall be heard.
However, if in the
same proceeding the court finds the petitioner at fault, irrespective of the
merits of the petition, or when the circumstances so warrant, the court may
also order the deprivation or suspension of parental authority or adopt such
other measures as it may deem just and proper. (Art. 223, FC)
The measures referred
to in the preceding article may include the commitment of the child for not
more than thirty days in entities or institutions engaged in child care or in
children's homes duly accredited by the proper government agency.
The parent exercising
parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own
instance, the court may terminate the commitment of the child whenever just and
proper. (Art. 224, FC)
Chapter 4. Effect of Parental Authority Upon
the Property of the Children
Who shall exercise legal guardianship over the property of the unemancipated
minor child?
The father and the
mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In
case of disagreement, the father's decision shall prevail, unless there is a
judicial order to the contrary. (Art. 225, FC)
Under the FC, what
rules on the exercise of legal guardianship shall govern where the market value
of the property or the annual income of the unemancipated common child exceeds P50,000?
Where the market value
of the property or the annual income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such amount as the court may
determine, but not less than ten per centum (10%) of the value
of the property or annual income, to guarantee the performance of the
obligations prescribed for general guardians.
A verified petition
for approval of the bond shall be filed in the proper court of the place where
the child resides, or, if the child resides in a foreign country, in the proper
court of the place where the property or any part thereof is situated.
The petition shall be
docketed as a summary special proceeding in which all incidents and issues regarding the performance of the
obligations referred to in the second paragraph of this Article shall be heard
and resolved.
The ordinary rules on
guardianship shall be merely suppletory except when the child is under
substitute parental authority, or the guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on guardianship shall
apply. (Art. 225, FC)
To whom shall the
property of the unemancipated child earned or acquired with his work or
industry or by onerous or gratuitous title belong?
The property of the
unemancipated child earned or acquired with his work or industry or by onerous
or gratuitous title shall belong to the child in ownership and shall be devoted
exclusively to the latter's support and education, unless the title or transfer provides
otherwise. (Art. 226, FC)
What is the right of
the parents over the fruits and income of the child's property?
The right of the
parents over the fruits and income of the child's property shall be limited
primarily to the child's support and secondarily to the collective daily needs of the
family. (Art. 226, FC)
What rules shall be
applied if the parents entrust the management or administration of any of their
properties to an unemancipated child?
If the parents entrust
the management or administration of any of their properties to an unemancipated
child, the net proceeds of such property shall belong to the owner. The child
shall be given a reasonable monthly allowance in an amount not less than that
which the owner would have paid if the administrator were a stranger, unless
the owner, grants the entire proceeds to the child. In any case, the proceeds
thus give in whole or in part shall not be charged to the child's
legitime. (Art. 227, FC)
Chapter 5. Suspension or Termination of Parental Authority
What are the grounds for extinguishment of parental authority?
Parental authority
terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child;
or
(3) Upon emancipation of the
child (Art. 228, FC)
Unless subsequently
revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general
guardian;
(3) Upon judicial declaration of
abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a
competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of
absence or incapacity of the person exercising parental authority. (Art. 229,
FC)
What are the grounds
for the suspension and deprivation of parental authority?
(1) Parental authority
is suspended upon conviction of the parent or the person exercising the same of a crime which carries
with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of the
offender.
(2) The court in an
action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders,
counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows
him to be subjected to acts of lasciviousness.
The grounds enumerated
above are deemed to include cases which have resulted from culpable negligence
of the parent or the person exercising parental authority.
If the degree of
seriousness so warrants, or the welfare of the child so demands, the court
shall deprive the guilty party of parental authority or adopt such other
measures as may be proper under the circumstances.
The suspension or
deprivation may be revoked and the parental authority revived in a case filed
for the purpose or in the same proceeding if the court finds that the cause
therefor has ceased and will not be repeated. (Art. 231, FC)
(3) If the person
exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently
deprived by the court of such authority. (Art. 232, FC)
Corporal punishment
The person exercising
substitute parental authority shall have the same authority over the person of
the child as the parents.
In no case shall the
school administrator, teacher of individual engaged in child care exercising
special parental authority inflict corporal punishment upon the
child. (Art. 233, FC)
Rule on Provisional Orders
A.M. No. 02-11-12 SC, March 15, 2003
Child Custody.
- In determining the right party or person to whom the custody of the child of
the parties may be awarded pending the petition, the court shall consider the
best interests of the child and shall give paramount consideration to the material
and moral welfare of the child.
The
court may likewise consider the following factors:
(a) the agreement of the parties;
(b) the desire and ability of each parent to foster
an open and loving relationship between the child and the other parent;
(c) the child’s health, safety, and welfare;
(d) any history of child or spousal abuse by the
person seeking custody or who has had any filial relationship with the child,
including anyone courting the parent;
(e) the nature and frequency of contact with both
parents;
(f) habitual use of alcohol or regulated
substances;
(g) marital misconduct;
(h) the most suitable physical, emotional,
spiritual, psychological and educational environment; and
(i) the preference of the child, if over seven
years of age and of sufficient discernment, unless the parent chosen is unfit.
The
court may award provisional custody in the following order of preference:
(1) to both parents jointly;
(2) to either parent taking
into account all relevant considerations under the foregoing paragraph,
especially the choice of the child over seven years of age, unless the parent
chosen is unfit;
(3) to the surviving
grandparent, or if there are several of them, to the grandparent chosen by the
child over seven years of age and of sufficient discernment, unless the
grandparent is unfit or disqualified;
(4) to the eldest brother or
sister over twenty-one years of age, unless he or she is unfit or disqualified;
(5) to the child’s actual
custodian over twenty-one years of age, unless unfit or disqualified; or
(6) to any other person
deemed by the court suitable to provide proper care and guidance for the child.
The
custodian temporarily designated by the court shall give the court and the
parents five days notice of any plan to change the residence of the child or
take him out of his residence for more than three days provided it does not
prejudice the visitation rights of the parents. (Sec. 4)
Visitation Rights. -
Appropriate visitation rights shall be provided to the parent who is not
awarded provisional custody unless found unfit or disqualified by the court. (Sec.
5)
