Duties and Obligations of Parents:

To exercise parental authority and responsibility over their common unemancipated children (whether legitimate or illegitimate) and to exercise legal guardianship over the property of the latter. Parental Authority and Responsibility = Parental authority involves a mass of rights and obligation which the law grants for the purpose of the childrens physical preservation and development, as well as the cultivation of their intellect and the education of their hearts and senses [this] is no power, but a task; no complex of rights, but a sum of duties; no sovereignty but a sacred trust for the welfare of the minor. (Tonog v. Court of Appeals, G.R. No. 122906. February 7, 2002) = In general, include the caring for and rearing of the children for two things: (1) civic consciousness and efficiency; (2) The development of their moral, mental and physical character and wellbeing. = In particular, involve the following rights and duties: Under Art. 220, FC (1) To keep the children in parents 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, to inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, and to 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, to supervise their activities, recreation and association with others, protect them from bad company, and to 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. Ex. a. To be civilly liable for the injuries and damages caused by caused by the acts or omissions of their unemancipated children living in their company and under their parental authority Under Art. 358 (9) To see to it that the rights of the child are respected and his duties complied with; (10) To, by precept and example, imbue the child with highmindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace. = Note: Parents can ask the court for help, i.e., ask the court for an order providing disciplinary measures over the child, which 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.

Who exercises parental authority? 1. The father and the mother shall jointly exercise parental authority. In case of disagreement, the fathers decision shall prevail unless there is a contrary judicial order. = = the preferential choice of the father is a recognition of his role as the head of the family and to ensure that conflicts in the family be resolved principally by the people within the family. 2. Parent/Person designated by court. 3. Head of children's homes, orphanages and similar institutions duly accredited by the proper government agency. Substitute Parental Authority 4. Surviving Grandparent, 5. Oldest sibling, over 21 years old unless unfit or disqualified 6. Actual custodian, over 21 years old unless unfit or disqualified Special Parental Authority (in case of death, absence or unsuitability or parents): 7. The school, its administrators and teachers, or the individual, entity or institution engaged in child care while the child is under their supervision, instruction or custody. Limitation: In no case shall they inflict corporal punishment upon the child. Characteristics of Parental Authority and Responsibility (1) Purely personal; (2) Inalienable, cannot be renounced or transferred except in cases provided by law; (3) May be forfeited the courts can order the deprivation or suspension of parental authority. When will parental authority and responsibility be terminated? (1) (2) (3) (4) (5) (6) (7) (8) Upon the death of the parents; Upon the death of the child; or Upon emancipation of the child. Upon adoption of the child; Upon appointment of a general guardian; Upon judicial declaration of abandonment of the child in a case filed for the purpose; Upon final judgment of a competent court divesting the party concerned of parental authority; or Upon judicial declaration of absence or incapacity of the person exercising parental authority

When will parental authority and responsibility be suspended? (1) Upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction; (2) 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. Legal Guardianship over the Property of the Children = The property of the unemancipated child belongs to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise.

= When 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.

Duties and Obligations of Children:

Under the Family Code: (1) To always observe respect and reverence towards their parents; (2) To obey their parents as long as they are under parental authority; Under the Civil Code (Art. 357): (3) Respect their grandparents old relatives and persons holding substitute parental authority; (4) Honor their parents or guardians; (5) Exert utmost effort for their education and training; (6) Cooperate with the family in all matters that make for the good of the same. Under the Child and Youth Welfare Code, Art. 4 (7) Strive to lead an upright and virtuous life in accordance with the tenets of their religion, the teachings of their elders and mentors, and the bidding of a clean conscience; Love, respect and obey his parents, and cooperate with them in the strengthening of the family; Extend to their brothers and sisters their love, thoughtfulness, and helpfulness, and endeavour with them to keep the family harmonious and united; Exert their utmost to develop their potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may become an asset to himself and to society; Respect not only their elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of democracy; Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nations future; Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace.

(8) (9) (10)

(11)

(12)

(13)

Note: 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.