PARENTAL AUTHORITY
CONCEPT OF PARENTAL AUTHORITY
It is 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 (Article
209, FC).
Joint Exercise of Parental Authority
RULE :
Father and mother shall jointly exercise parental
authority
There is disagreement
In case of disagreement:
General Rule: Father’s decision prevails
Exception:
Unless there is a judicial order to the
contrary (Article 211, FC)
Absence of Parent/Death of
Either Parent
Present/surviving parent shall exercise parental
authority.
Remarriage will not affect parental authority unless
the court appoints another person to be the guardian
of the person or property of the children. (Article 212,
FC)
SEPARATION OF PARENTS
Parent designated by the court
“Tender age presumption” - If child under 7
years old, the mother shall exercise parental
authority unless there is compelling reason to
separate child from the mother
Maternal preference rule – based on universally
recognized rule that the mother is the natural
custodian of her young.
Child over 7, consider child’s choice, unless the
parent chosen is unfit.
Death, Absence, Unsuitability
of Both Parents Art. 214.
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
SUBSTITUTE PARENTAL AUTHORITY
Art. 216. 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.
Foundlings, abandoned,
neglected or abused children
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. (Article 217, FC)
SPECIAL PARENTAL
AUTHORITY
The school, its administrators and teachers, or the
individual, entity or institution engaged in child care shall
have special parental authority and responsibility over the
minor child while under their supervision, instruction or
custody.
Extent of Authority and
Responsibility
Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or institution.
Subsidiary Liability
The parents, judicial persons exercising substitute
parental authority over said minor shall be subsidiarily
liable.
Liability of Teachers and
Heads of Establishments
Art. 2180. Teacher or heads of establishments of arts and
trades shall be liable for damages caused by their pupils and
students or apprentices so long as they remain in their
custody.
EFFECTS OF PARENTAL
AUTHORITY
To keep them in their company, educate & provide for their
upbringing
To give them love, affection, advice, companionship & understanding;
Provide them with moral & spiritual guidance;
To enhance, protect & preserve their physical & mental health;
To furnish them with good educational materials;
To represent them in all matters affecting their
interests;
To demand from them respect and obedience;
To impose discipline on them as may be required
under circumstances;
To perform such other duties as imposed by law
upon parents & guardians.
VICARIOUS
LIABILITY/DOCTRINE OF
IMPUTED NEGLIGENCE
Parents and other persons exercising parental
authority shall be civilly liable for the injuries and
damages caused by acts or omissions of their
unemancipated children living in their company and
under their parental authority subject to appropriate
defenses provided by law.
Defenses that may be
interposed
Diligence of a good father of a family.
Effects of Parental Authority
over [property of the child]
Art. 225. 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.
Bond Requirement/Verified
Petition for Approval of Bond
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.
OWNERSHIP OF THE CHILD
Art. 226. 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.
Extent of the Right of Parents
[over the properties of their
child}
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.
TERMINATION OF PARENTAL
AUTHORITY
Art. 228. 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
Deprivation of Parental
Authority
Art. 232. 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.
TERMINATION OF PARENTAL
AUTHORITY
Art. 229. 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.
SUSPENSION OF PARENTAL
AUTHORITY
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. (Art. 230,
FC)
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:
(a) Treats the child with excessive harshness or
cruelty;
(b) Gives the child corrupting orders, counsel or
example;
(c) Compels the child to beg; or
(d) Subjects the child or allows him to be subjected
to acts of lasciviousness.
