209. Parental authority and responsibility
Pursuant to the natural right and duty of parents over the person and property of their unemancipated child
Shall include caring for and rearing for such children for:
a. Civic consciousness
b. Efficiency and development of their moral, mental and physical character and well-being
Parental authority—involves a mass of rights and obligation which the law grants for the purpose of the children’s physical preservation and development, as well as the cultivation of their intellect and the education of their hearts and senses
210. Parental authority and responsibility may not be renounced or transferred except in cases authorized by law
The law allows a waiver of parental authority only in a. Adoption
b. Guardianship
c. Surrender to a children’s home or an orphan institution
Entrusting the custody of a minor to another by the parent, even in a document, is merely a temporary custody and does not constitute renunciation of parental authority
Only in cases of the parent’s death, absence or unsuitability may substitute parental authority be exercised by the surviving parent
Parental authority can be terminated for cause in accordance with the legal grounds in Articles 228-232
211. The father and the mother shall jointly exercise parental authority over the person of their common children. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary
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.
Applies to both legitimate and illegitimate children
Requisites for the application to illegitimate children:
a. The father is certain
b. The illegitimate children are living with the said father and the mother, who are cohabiting without the benefit of a marriage or under a void marriage not falling under Articles 36 and 53
Requisites for Art. 176 where illegitimate children shall be under the parental authority of the mother only:
a. The paternity of the child is unknown
b. Though the paternity is certain, the father is not living with the mother and the child
The basis for altering the decision of the father must however rest on substantial, important and serious ground for the paramount interest of the children
Obligations of the children under Art. 357 of the 1950 Civil Code which is still effective: (every child shall)
a. Obey and honor his or her parents or guardian
b. Respect his or her grandparents, old relatives, and persons holding substitute parental authority
c. Exert his utmost for his or her education and training
d. Cooperate with the family in all matters that make for the good of the same
212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The marriage 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
The new spouse, by virtue of his or her marrying the surviving parent, does not automatically possess parental authority over the children of the surviving parent unless such new spouse adopts the children 213. In case of separation of the parents
the parental authority shall be exercised by the parent designated by the Court
o the Court shall take into account all relevant considerations, especially the choice of the child over 7 y/o, unless the parent chosen is unfit
no child under 7 years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise
The designation does not mean that the parental authority of the other parent is necessarily terminated or suspended
Parents are never deprived of the custody and care of children except for cause
In custody cases, the child’s best interest, which constitutes the
―cardinal principle‖ and the ―paramount consideration‖ , is the guiding principle
A habeas corpus—where the question of identity is relevant and material—
a. can be availed of to secure the custody of a child in case the parents are separated from each other
b. is a proper remedy to enable parents to regain custody of a child even though the latter be in the custody of a third person
Decisions of the courts, even the SC, on the custody of minor children are always open to adjustments as the circumstances relevant to the matter may demand in ht light of the inflexible criterion, namely, the paramount interest of the children
A compromise judgment has the force of res judicata between the parties and should not be disturbed except for vices of consent or forgery
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.
215. 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
The reason for the privilege is to foster family unity and tranquility except when the testimony is indispensable in a crime against the descendant or by one parent against the other—a child who was raped by his father-
The provision is corollary to marital privilege where the belief is that the husband and the wife are considered as but one person
The spouses can testify against each other in a a. civil case by one against the other
b. criminal case for a crime committed by one against the other Chapter 2 SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY 216. In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated:
i. Surviving grandparent, as provided in Art. 214
ii. Oldest brother or sister, over 21 years of ages, unless unfit or disqualified
iii. Child’s actual custodian, over 21 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
Persons exercising substitute parental authority shall:
a. Have all the rights of the parents (Art. 220)
b. Have the same authority over the person of the child as the parents (Art. 233)
c. Be civilly liable for the injuries and damages caused by the acts or omissions of the unemancipated children living in their company and under their parental authority (Art. 221)
The order established is not mandatory because it is the paramount interest of the child which must be the basis of the custody and care 217. In case of foundlings, abandoned, neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary proceedings to heads of children’s homes, orphanages and similar institutions duly accredited by the proper government agency.
Foundling—a newborn child abandoned by its parents who are unknown
Abandoned child—one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least 6 continuous months
Neglected child—one whose basic needs have been deliberately unattended or inadequately attended
Neglect may occur in two ways:
a. Physical neglect—when the child is malnourished, ill clad and without proper shelter
b. Emotional neglect exists when children are:
1. maltreated, raped or seduced
2. exploited, overworked or made to work under conditions not conducive to good health
3. made to beg in the streets or public places
4. in moral danger, or exposed to gambling, prostitution or other vices
Abused child—comes within the definition of the second kind of neglected child
Dependent child—dependent upon the public for support a. one who is without a parent, guardian or custodian
b. one whose parent, guardian or other custodian for good cause desires to be relieved of his care and custody
No private person, natural or juridical, shall establish, temporarily or permanently, any child welfare agency without first securing a license from the Dept. of Social Welfare
o Such license shall not be transferable and shall be used only by the person or institution to which it was issued at the place stated therein
o No license shall be granted unless the purpose or function of the agency is clearly defined and stated in writing
Transfer of legal or parental authority over the child can be:
a. Voluntary—the parent or guardian of a dependent, abandoned or neglected child may voluntarily commit or surrender him in writing to the Dept. of Social Welfare or any duly licensed child-placement agency or individual
b. Involuntary—the Dept. of Social Welfare Secretary or his authorized representative or any duly-licensed child-placement agency having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified petition to the proper court for involuntary commitment of said child to the care of any duly licensed child-placement agency
218. 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.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.
Persons and entities given by law special parental authority:
o School, its administrators and teachers
o Individual, entity or institution engaged in child care
Special parental authority—can be exercised only over minors while under their supervision, instruction or custody
The teacher must be the teacher-in-charge
Being in custody—the protective and supervisory custody that the school and its head and teachers exercise over the pupils and students for as long as they are in attendance in the school, including recess 219. Prinpally and solidarily liable
those given authority and responsibility under Art. 218 for the damages caused by the acts or omissions of the unemancipated minor
shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances
Subsidiarily liable
parents, judicial guardians or the persons exercising substitute parental authority
All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts
Those with subsidiary liability will only be liable if the persons with special authority cannot satisfy their liability
The Court is not disposed to expect from the teacher the same measure of responsibility imposed on the parent, for their influence over the child is not equal in degree
Art. 2180 of the Civil Code provides that ―teachers 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‖
o This applies if the students, pupils or apprentices are not anymore minor children
Chapter 3 EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
220. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:
i. 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;
ii. To give them love and affection, advice and counsel, companionship and understanding;
iii. 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;
iv. 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;
v. To represent them in all matters affecting their interests;
vi. To demand from them respect and obedience;
vii. To impose discipline on them as may be required under the circumstances; and
viii. To perform such other duties as are imposed by law upon parents and guardians.
The relationship between parents and their minor children naturally gives rise to various rights and obligations affecting the welfare of, and the parents’ control over, the child
Art. 46 of the Child Youth Welfare Code enumerates 8 duties of the parents toward their children with an additional duty from Art. 225
Whenever proper, parents shall allow the child to participate in the discussion of family affairs, especially in matters that particularly concern him
If the child is gifted, his parents shall report this fact to the National Center for Gifted Children or to other agencies concerned so that official assistance or recognition may be extended to him
They may inflict a reasonable measure of corporal punishment
A child who ―voluntarily abandons the parent’s home for the purpose of seeking its fortune in the world or to avoid parental discipline and restraint, that child forfeits the claim to support‖
Art. 356 of the 1950 Civil Code provides the rights of the children:
a. Entitled to parental care
b. Shall receive at least elementary education
c. Shall be given moral and civic training by the parents or guardian d. Has a right to live in an atmosphere conducive to his physical, moral
and intellectual development
PD 603 or the Child Youth Welfare Code also provides for the rights of the child
221. 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
For liability on the part of the parents to attach, the unemancipated child must be living in their company and under their parental authority
This principle is a species of—vacarious liability or the doctrine of
―imputed intelligence‖—where a person is not only liable for torts committed by himself, but also for torts committed by other with whom he has a certain relationship and for whom he is responsible
The legislature has elected to limit extra-contractual liability to cases in which moral culpability can be directly imputed to the persons to be charged
222. The courts may appoint a guardian of the child’s property, or a guardian ad litem when the best interests of the child so require
Guardian—a person who acts for another
Ward—a person whom the law regards as incapable of managing his own affairs
Guardians ad litem—officers of the court in a limited sense, and the office of such guardian is to represent the interest or the incompetent or the minor
Appointment of a guardian ad litem is addressed to the sound discretion of the court and designed to assist the court in the determination of the best interest of the child
In determining the selection of a guardian, the court may consider the:
a. Financial situation b. Business acumen c. Physical condition
d. Morals, character and conduct
e. Present and past history of a prospective appointee
f. Probability of his being able to exercise the powers and duties of guardian for the full period during which guardianship will be necessary
A court cannot appoint a guardian who is not personally subject to its jurisdiction
223. 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
224. 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
Chapter 4 EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
225. Father and mother
Jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment.
o In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary
Where the market value of the property or 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
o But not less than 10% of the value of the property or annual income
o To guarantee the performance of the obligations prescribed for general guardians
A verified petition for approval of the bond shall be filed in the a. proper court of the place where the child resides
b. if the child resides in a foreign country, in the proper court of 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
there is no more need for a judicial court order appointing the parents as guardians
regardless of the value of the unemancipated child’s property, the father and the mother ipso jure become the legal guardian of the child’s property
two cases where a parent cannot be the administrator of the property of his or her children:
a. Art. 923 of the Civil Code
―Children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime, but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime‖
b. Art. 1035 of the Civil Code
―If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.‖
―If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.‖