PARENTAL AUTHORITY CHAPTER I Art 209 210 Parental Authority the mass of rights and obligations which parents

nts have in relation to the person and property of their children until their majority age or emancipation, and even after this under certain circumstances.

Over whom exercised PA is exercised over unemancipated children o In certain instances, it may still be exercised notwithstanding the emancipation of the child Unemancipated Child - below 18 y/o Upon reaching the age of majority, a child is considered emancipated. o Parental authority over them is terminated Consequence of Parental Authority Rights of Parents: o Custody o To be obeyed and respected o Right to impose discipline on them as may be required under the circumstances o Right to withhold or give consent on certain matters o Right to exercise legal guardianship over property of unemancipated children o Limited right of usufruct over the childs property Parental Authority and Responsibility o Inalienable o Cannot be transferred of renounced Except in cases authorized by law: Adoption, Guardianship and surrender to a childrens home or an orphan institution. Authorized Waiver of Parental Authority 1. Adoption Effect: deprivation of Parental Authority Upon issuance of decree of Adoption o PA of Parents = terminated o PA of Adopters = vested o Effects of a decree of adoption: Retroact to the day of filing of the original petition. o Note: Retroactive effect may be given when it is essential to permit the accrual of some benefit or advantage on favor of the child but not when it impose a liability upon the adopting parents o In adoption proceedings, temporary parental authority is vested upon the adopter during the period of supervised trial custody. 2. Voluntary Commitment of a Child to DSWD Parent or Guardian may voluntary commit the child to the DSWD or child placement agency. Child is surrendered in writing by his parents or guardian

When the child has been committed, parental authority of the parents/guardian/other custodian shall cease.

3. Involuntary Commitment of a Child to DSWD DSWD Secretary, Authorized representative or any licensed child placement agency o May file a verified petition for involuntary commitment of an abandoned, dependent or neglected child Once child has been committed to DSWD through court order o Parents/guardian exercise no authority over him except such condition the court may impose Art 211-212 Who Exercise Parental Authority Father and Mother jointly exercise parental authority In disagreement = father shall prevail Unless: there is a judicial order to the contrary. In death or absence of either parent = PA of surviving parent will not be affected Unless: court appointed another person to be the guardian When is PA primarily lodge in the FATHER 1. Art. 14 of FC: Consent is required for the purpose of marriage when either one or both of the parties are between 18-21 2. Art 78 of FC Note: Applies only when the child is legitimate Parental Authority over illegitimate children Under the parental authority ONLY of the MOTHER Consent and participation of the mother is required for Art. 14 and Art. 78 Rule for the illegitimate child applies even if the father admits paternity Illegitimate children are only authorized to use the surname of the father if paternity is recognized Recognition of illegitimate child is a ground for ordering the father to give support, but not custody Visitation Rights The right of access of a non-custodial parent tohis or her child/children

Art. 213 Rule in Case of Separation of Parents In case of separation PA shall be exercised by the parent designated by the court Rule in Legal Separation Effects of the decree of legal separation o Custody of minor children = awarded to innocent spouse subject to provisions of Art. 213

The award of custody to the innocent spouse does not deprive the guilty spouse of parental authority Death of innocent spouse o Substitute parental authority will not yet come into play since parental authority of the surviving guilty spouse is still in existence The law prohibits the separation of a child below seven from her mother even if she is the guilty spouse

Tender Age Presumption GR: Mother is to be preferred in awarding custody of children under the age of seven, except when the court finds cause to order otherwise Exceptions to GR: Compelling Reasons unfitness to exercise sole PA o Neglect, abandonment o Unemployement and immorality o Habitual drunkenness o Drug addiction, maltreatment of the child, insanity, and being sick with communicale disease Children over Seven years of age Child is allowed to state his preference Preference of a child is only one factor to consider The court may exercise its discretion by disregarding the childs preference if the chosen parent is found unfit Paramount Consideration: Welfare of the Child Whether the child is under or over seven = paramount criterion must always be the childs interest Discretion is given to the court to decide who can best assure the welfare of the child o Note: Child under 7 = mother is the best custodian o such presumption is not conclusive o could be overcome by compelling reasons o Child over 7 = his choice is paramount Court is not bound by that choice Rule in Separation de facto Rule in legal separation will apply Art. 214-215 Parental and Filial Privilege Art. 215 of FC is complemented by Sec. 25 of Rule 130 of Rules of Court Distinction Art 215 Sec. 25, Rule 130 Applicable only in criminal proceedings Invoked in both criminal and civil May be invoked only by descendants May be invoked by either descendants or ascendants May be invoked only in criminal case against May be invoked in criminal cases against parents and grandparents parents, other direct ascendants, children or other direct descendants Privilege is not absolute No exception

Application and Purpose of Art 215 Purpose: to preserve family cohesion Privilege may be waived by the descendants he may choose to testify against his parents or grandparents in criminal case If crime is committed by parent or grandparent against descendant of the other parent testimony of descendant is indispensable Chapter II Substitute and Special Parental Authority Art 216 Parental Preference Rule Parents are place first rank in matter of parental authority May not be invoke by the father of an illegitimate child in case of absence or unsuitability of the mother If both parents of an illegitimate minor child die = only the grandparents on the maternal side shall be entitled to exercise substitute parental authority, if suitable Who may exercise Substitute Parental Authority 1. Surviving grandparent 2. Oldest brother or sister, over 21 y/o unless unfit or disqualified 3. The childs actual custodian Art 217 Substitute Parental Authority over Foundlings, Abandoned or Neglected Children Foundlings deserted or abandon infant or child whose parents guardian or relatives are unknown o child committed to an orphanage or charitable institution with unknown facts of birth or parentage o registered in civil registrar as foundling Abandon Child one who has no proper parental care or guardianship or whose parents has deserted for a period of at least 6 months. Neglected Child one whose basic needs have been deliberately unattended or inadequately attended. o Physical Neglect o Emotional Neglect

Who Shall Exercise Substitute Parental Authority PA shall be entrusted in summary judicial proceedings to heads of childrens homes, orphanages and similar institution duly accredited by the proper government agency Art 218-219 Special Parental Authority granted by law to certain persons, entities or institutions in view of their special relation to children under their supervision, instruction or custody. o Limited to the confines of the premises of the school entity or institution exercising the same.

o Co-exist with the parents parental authority Special since it is limited and present only while the child is under their supervision, instruction or custody Special Parental Authority and responsibility extended by law to all authorized activities (whether is undertaken inside or outside of the premises of school, entity or institution) Who may exercise Special Parental Authority o School o Schools administrators and teachers o Individual, entity or institution engaged in child care o Note: their authority and responsibility shall apply to all authorized activities (inside or outside of the premises of school, entity or institution) If minor under special parental authority any liability or responsibility for damages case by the acts or omissions of said child shall be borne, primarily, by those exercising special parental authority Parents, judicial guardians or person exercising substitute PA subsidiary liable In case of insolvency of the primarily liable - Parents, judicial guardians or person exercising substitute PA may be held liable Primary and subsidiary liabilities shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

Art. 220-222 Parental Rights, in General Parenthood involve duties and rights Parent Rights the sum total of the rights of the parents to the child, as well as the rights of the child in and to the parent(s) o Merely ancillary to the performance of parental duties (OBLIGATIONAL ASPECT IS NOT SUPREME) Parental Rights o Physical possession of child (custody) o Right to discipline child o Right to control and manage minor childs earnings o Right to control and manage minor childs property o Right to be supported by adult child o Right to have child bear parents name o Right to prevent adoption of child without parents consent Right to Childs Custody Right to Custody of minor one of the natural rights incident to parenthood Supported by law and sound public policy Derives from the nature of the parental relationship Ancillary to the proper discharge of parental duties Father and Mother duty-bound and entitled to keep them in their custody and company (applies only to legitimate child) In case of illegitimate child custody is under his/her mother Father is not entitled to custody but entitled to visitation rights Parents are never deprived of the custody and care of their children except for cause. In custody dispute paramount criterion is the welfare and well-being of the child

Considering the PHYSICAL, EDUCATION, SOCIAL and MORAL WELFARE of the child Discretion is given to the court to decide who can best assure the welfare of the child

Duty to Provide Support Obligation of parents to provide support is not co-terminus with the exercise of parental authority o Note: Obligation of parents to provide support is not necessarily terminated upon emancipation Duty of Representation Parents are duty-bound to represent their unemancipated children in all matters affecting their interest. o Parents are the legal representatives of their minor children in court proceedings (Sec. 5 Rule 3 of the 1997 Rules of Civil Procedure) o In absence of parents or guardian court may appoint a guardian ad litem to represent the minor in court litigation Guardian ad litem an officer of the court appointed to appear for an infant, and to manage and take care of suit for such infant when he is a plaintiff, and to appear, manage and take care of the defense for the infant when he is defendant. Right to Give of Withhold Consent Parents have duty to give their children proper advice and counsel This may extend even beyond majority. (i.e Art 14 and Art 78 of FC) Other Duties Impose By Law Children below 15 shall not be employed o Except: when child works directly under the sole responsibility of his/her parents Child below 15 may likewise be employed or be allowed to participate in public entertainment or information, provided that (1) the employment contract is concluded by childs parents/guardian, (2) with the express agreement of the child concern, and (3) approval of DOLE Liability of Parents for Quasi-delicts (a) Under Art. 221 of FC Parents are civilly liable for quasi-delicts of their minor children (Art. 221) subject to conditions: o Minor is living in the company of his parents o Minor is under their parental authority o Parents failed to exercise all the diligence of a good father of the family to prevent damage. Doctrine of imputed negligence o Person is not only liable for torts committed by himself, but also for torts committed by others with whom he has a certain relationship and for whom he is responsible. Parental Liability made a natural or logical consequence of the duties and responsibilities of parents (parental authority) Law assumes that when an unemancipated child living with its parents commits a tortuous act, the parents were negligent in the performance of their legal and natural duty o Note: Basis of parental liability for the torts of the minor is the relationship existing between parents and the minor child living with them Since parental liability is anchored upon parental authority

No parental liability can be imposed upon the father of an illegitimate child (since illegitimate child is under the sole parental authority of the mother) (b) Under Art. 2180 of CC Imposes civil liability upon the father and, in case of his death or incapacity, the mother, for any quasi-delict commited by their minor child who lives with them. When child is emancipated but below 21 parents are still liable for quasi-delicts committed by the child Liability of Parents for Crimes committed by their Minor Child Parents are civilly liable for the felonies committed by their minor children. (Art. 101 of RPC) Nature of Parents Liability Whether liability arises from quasi-delicts or criminal offenses Nature of Parents liability is PRIMARY Subsidiary Liable only when at the time of commission, the child is under special parental authority Art. 223-224 Disciplinary Action Law grants parents the right and duty to impose discipline upon their children as may be required under the circumstances Moderate punishments is expressly authorized by CC Parental authority may be suspended, upon proper petition to the court, if the parent or person exercising parental authority treats the child with excessive hashness or cruelty o Parent may also be held criminally liable for violation of RA 7160 Parents of other persons exercising parental authority may petition the court for imposition of appropriate disciplinary measures upon the child. o Commitment of the child in entities or institutions engaged in child care (commitment must not exceed 30 days) Art. 225-227 Legal Guardian of Minors Property Parents considered the legal guardian of the minors property Court may appoint a guardian of the childs property other than parents when the best interest of the child so requires When court appointed guardian right of parents to administer property of the minor terminates Parents to furnish a bond when the market value of the property or annual income of the child exceeds P50,000 Amount of bond is to the discretion of the court o Must not be less than 10% of the value of property or annual income Ownership of Childs Property Properties may be earned by minor with his work or industry or by onerous or gratuitous title belong to the child in ownership Things given by parents by way of support remain the property of parent and do not belong to the child

Clothing purchased by the child with the money furnished by the parent for general purpose is not the property of the parent Parents may make use the property of the child solely for the support and education of the owner of the property

Right of Usufruct over the Childs Property Parents have the right to make use of the fruits and income of the childrens property only for the following purpose: o Childs support o Collective daily needs of the family o Note: In this kind of usufruct, parents are not required to give security and may not be alienated Art. 228 -233 Grounds for Termination of Parental Authority 1. Death of parents 2. Death of the child Permanent Termination 3. Emancipation of the child 4. Adoption of the child 5. Appointment of a general guardian May 6. Judicial declaration of abandonment of the child in case filed for the purpose subsequently 7. Final judgment of a competent court divesting the party concerned of parental revived authority 8. Judicial declaration of absence or incapacity of the person exercising parental authority 1. Death of Parents Death of parents terminates parental authority If only one parent dies surviving parent shall continue to exercise parental authority o Remarriage shall not affect such parental authority unless the court will appoint another to be the guardian If both parents should die substitute parental authority shall be exercise by the persons designated in Art 216 of FC 2. Death of Child 3. Emancipation of the Child Emancipation freeing of the child form the parental authority and custody of, and from the obligation to render services to, the parent o Takes place in the attainment of majority (18 years old) o There are some rights and obligations which are retained by the parents even after the termination of parental authority 4. Adoption of the Child Effects of decree of adoption: termination of the parental authority of the parents and transfer the same to the adopter o The termination of parental authority is permanent unless decree of adoption is rescinded

If the child is still a minor upon the rescission of the decree of adoption parental authority of parents is automatically restored

5. Appointment of General Guardian Guardian a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person who is incapable of administering his own affairs. General Guardian one who has the general care and control of the person and estate of his of his ward Special Guardian one who has special or limited powers and duties with respect to his ward. Guardian may be appointed by court on the grounds authorized by law upon petition of (1) any relative or other person in behalf of the child, or (2) by the minor himself if 14 y/o or over Authorized ground for appointment of guardian o Death, continuous absence or incapacity of parents o Suspension, deprivation or termination of parental authority o Remarriage of the minors parent, if the latter is found unsuitable to exercise PA o When best interest on minor require 6. Judicial Declaration of Abandonment Parental authority is permanently terminated upon a judicial declaration of abandonment Absence of judicial declaration of abandonment, the parental authority of the parents remains unaffected Physical estrangement alone, without financial and moral desertion, is not tantamount to abandonment. 7. Final Judgment divesting Parent of Parental Authority When the best interest of the child so requires, parental authority may be terminated by the court Also a ground for appointment of guardian Parental authority cannot be entrusted to a person simply because he could give the child a larger measure of material comfort than hind natural parent.

8. Judicial declaration of Absence or Incapacity Parental authority is automatically terminated Continued absence of the parents is also a ground for the appointment of guardian Grounds for Suspension of Parental Authority 1. Civil Interdiction Civil Interdiction an accessory penalty Deprives offender during the time of his sentence of: o right to parental authority o guardianship o marital authority o right to manage his property o right to dispose such property Parental Authority is automatically suspended

 2. 3. 4. 5.

Remains suspended while the convict is serving his sentence Automatically reinstated upon service of the penalty, pardon or amnesty Treats the child with excessive harshness or cruelty Gives the child corrupting orders, counsel or example Compels the child to beg Subjects the child or allows him to be subjected to the acts of lasciviousness

Note: In grounds 2-5 suspension of parental authority must be decreed by the court in an action filed for the purpose on in a related case o Parental Authority may be reinstated upon order of the court when it finds that the cause thereof has ceased and will not be repeated If the person exercising parental authority subjected the child or allow him to be subject of sexual abuse he shall be permanently deprived by court of parental authority

EMANCEPATION AND AGE OF MAJORITY Art 234-237 Emancipation: How It Takes Place Emancipation takes place by the attainment of majority age of the child Effected by operation of law Majority commences at the age of 18 y/o Effect of Emancipation Terminating parental authority child now acquires full civil capacity may now enter into contract without the assistance of his parents or guardians Rights and Obligation Retained by parents after termination of PA 1. Art 14 of FC requires parental consent for parties contracting marriage below 21 2. Art 15 of FC requires parental advice (above 21 but below 25) 3. Execution of marriage settlement of parties below 21, person whose consent is required under art. 14 of FC must be made party thereto 4. Obligation of parents to support their children is not co-terminus with the exercise of parental authority 5. Parents are still liable for the quasi-delict committed by the child below 21.