Parental Authority

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;

(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)