Parental

Authority

1
In General

2
 Parental
Authority - Natural affection between the parents and the
offspring has always been recognized as an
inherent and natural right.
- It is the sum total of the right of parents over
the persons and property of their children.
- For a nation, no matter how outwardly
prosperous, is as strong and as steadfast only as
its families are strong and steadfast

3
 Parental
Authority - When children are brought into the world due to
the intimate relations of their father and mother,
the parents have the tremendous responsibility of
seeing that their children will grow to be useful
men and women. Responsibility cannot be
exercised without authority, hence authority is an
imperative necessity.
- Mass of Rights and Obligation

4
Purpose Not only the sound physical development
of the children but also the cultivation of
their intellectual perceptions, and the
nourishment of their appetitive and
sensitive faculties.

5
 Parental Custody
Children, because of the inevitable
role they play in the society of the
future are not only loved, cared for,
and protected by their parents but are
held in high value by the State. And
“parents’ custody,’’ which means the
right to exercise parental authority
over them, is therefore deemed
unquestionable and incontestable at all
times by the State.

6
 Art.
210

Parental Authority
is a right and a duty

7
General
Rule It is a sacred duty, it cannot
be simply renounced or
transferred

8
Exemptions - when provided by law (Cases of
adoption, guardianship and surrender to
a children’s home or orphanage)
- When a parent gives authority to
another it merely temporary custody
not renunciation.

9
Socorro Sanchez de
Strong v. William Beishir
G.R. No. 30366
August 15, 1929

10
Domingo Reyes, et al v.
Alvarez
G.R. No. L-3957
October 03, 1907

11
Ileana A. Celis, et al. v.
Soledad Cafuir, et al.
G.R. No. L-3352
June 12, 1952

12
Article
211 Joint parental authority is
exercised by both father
and mother, respectively.
Unless there is a judicial
order to the contrary, the
father’s decision prevails in
case of any disagreement.
So long as children falls under
parental authority, they are
obligated always to observe
respect and reverence towards
their parents as well as obliged
to obey them at all times. Of
course, the obedience referred
to pertains to lawful and moral
orders exacted by the parents.
13
Requisites for
it to apply to
1. Paternity is known 2. Illegitimate is living
illegitimates:
or the father is certain. with the father and
mother who are
cohabiting without the
benefit of marriage.

14
Article
- If a spouse dies, the other spouse still has
212 parental authority
- Remarriage does not affect the parental
authority of the parent
- New spouse does not acquire parental
authority by marriage but only through
adoption

15
Parental authority shall be given to any of the parents who
may be designated by the court in case the parents have
separated from each other. Although the court may
designate the exercise of parental authority on the part of
one parent, this designation does not mean that the parental
authority of the other parent is necessarily terminated or
suspended. Parental authority shall be terminated only if
the court so decrees on the basis of the causes for
termination or suspension of such authority provided by
law.

Article 213
16
Custody
of - Parents are never deprived of the custody and care
Children of children except for cause. This is a universal rule
of all systems of law, as beneficent to the child as it
is just to the parent.

- The welfare of the child is paramount. The parents

fulfillment of their obligation and duties takes
precedence over their rights as parents over the
custody of the child.

17
Medina v. Makabali
G.R. No. L-26953
March 28, 1969

18
 Tender Age - No child below 7 shall be separated from
Presumption
mother unless there is compelling reason not
to do so. (Age is considered from when the
decision is made or when custody is given)
- Custody may also be given to 3rd persons
if the situation so warrants.

19
Masbate v. Relucio
G.R. No. 235498
July 30, 2018

20
21
22
Article
- In the absence or incapacity of the parents, the
214 grandparents are the most natural, suitable and logical
persons to exercise parental authority. Hence,
grandparents have the legal preference in the matter of
substitute parental authority.

- Taking into account the same considerations

mentioned in Art. 213, the one designated by the court,
in case several survive, exercises authority.

23
Article Reason: Foster family unity and tranquility. Absence of this article does

215 violence to the most sacred feelings of the family. No descendant shall be
compelled, in a criminal case, to testify against his parents and grandparents.

General Rule: The privilege is solely addressed to the descendant-witness. He

or she may or may not testify against his or her parents or grandparents in a
criminal case. If the descendant does not want to do so, he or she cannot be
compelled to do so.

Exemption: When the testimony is indispensable in a crime against the

descendant or by one parent against the other. This is based on the recognition
that once a crime is committed against the descendant or by one parent against
the other, the sanctity and tranquility of the family as well as of the marriage has
already been destroyed. Thus, the very reason for the filial privilege has already
been ravaged

24
 Substitute and
Special Parental
Authority

25
Substitute
Parental It is the parental authority which the persons
Authority designated by law may exercise over the
persons and property of unemancipated
children in case of DEATH, ABSENCE or
UNSUITABILITY of BOTH PARENTS OR
IN DEFAULT OF A JUDICIALLY
APPOINTED GUARDIAN.

26
1. Surviving Grandparent
2. Oldest brother or sister, over 21 years unless unfit or disqualified
3. Actual Custodian over 21 years unless unfit or disqualified (FC, Art.
216)
4. In case of foundlings, abandoned, neglected or abused 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
(FC, Art. 217)

Order of Substitute Parental Authority

27
 “
IN THE CASE OF AN ILLEGITIMATE
CHILD, ONLY THE SURVIVING
GRANDPARENT ON THE MATERNAL SIDE
SHALL BE ENTITLED TO EXERCISE
SUBSTITUTE PARENTAL AUTHORITY.

28
DEFINITIONS A “foundling” refers to a “Abandoned Child” refers A “neglected child” is
deserted or abandoned to one who has no proper one whose basic needs
infant or child whose parental care or have been deliberately
parents, guardian or guardianship pr whose unattended or
parent(s) has deserted
relatives are unknown; or inadequately attended.
him/her for a period of at
a child committed to an
least six (6) continuous
orphanage or charitable
months and has been
or similar institution with judicially declared as such.
unknown facts of birth
and parentage and
registered in the Civil
Register as a
“foundling”.

29
Neglect may
occur in two 1. There is a physical neglect when the child is malnourished, ill clad and

ways:
without a proper shelter. A child is unattended when left by himself
without provisions for his needs and/or without proper supervision.

2. Emotional neglect exists: when children are maltreated, raped or

seduced; when children are exploited, overworked or made to work under
conditions not conducive to good health; or are made to beg in the streets
or public places, or when children are in moral danger, or exposed to
gambling, prostitution and the other vices.

30
 Special
It is the parental authority granted by law to certain
Parental
Authority persons, entities or institutions in view of their
special relation to children under their supervision
instruction or custody. It is denominated as special
because it is limited and is present only when the
child is under their supervision instruction or
custody. IT CAN ALSO CO-EXISTS WITH THE
PARENTS’ PARENTAL AUTHORITY.

31
Persons who may exercise
SPECIAL PARENTAL
AUTHORITY (FC, Art. 218)

A. The School;
B. School
Administrators;
C. School Teachers;
D. Individual, Entity or
institution engaged
in child care.

32
SCOPE:
The Scope of special parental
authority and responsibility
applies to all authorized activities,
whether inside or outside the
premises of the school, entity or
institution.

33
NOTE: The Nature of the liability of persons having
special parental authority over said minors for their
acts or omissions causing damage to another is
principal and solidary. The parents, judicial guardians
or the persons exercising substitute parental authority
over said minor shall be subsidiarily liable (FC, Art.
219)

34
35
36
37
Effects of Parental
Authority Upon the
Person of the
Children

38
Article · The laws concept of the family rests on the
220 perception that parents possess what a child
lacks in maturity, experience and capacity for
judgment required for making life's difficult
decisions

39
1. Support, educate and instruct them, provide for their upbringing in keeping with their
means.
2. Love and affection, advice, counseling, companionship, and understanding
3. Moral and spiritual guidance
4. Physical and mental health
5. Good and wholesome educational materials and prevent them from bad company
6. Represent them in all matters affecting their interest.
7. Demand respect and obedience
8. Impose discipline
9. Others imposed by law

Duties of parents under the Child

and Youth Welfare Code
40
Article · Under Art. 220 (7) and (8), parents have the
220 right to demand from the children respect and
obedience and to impose discipline on them as
may be required under the circumstances – they
may inflict a reasonable measure of corporal
punishment.

41
Article Children have the right to:
220 1. Parental care;
2. At least elementary education (now secondary);
3. Moral and civic training by parents or guardian;
4. To live in an atmosphere conducive to his
physical, moral and intellectual development.

42
Article Scope of Powers and Duties
221 1. The duty to support the children, to have
them in the parent’s company, educate and
instruct them, and to represent them.
2. The power to correct and punish them.

43
Article Rights of Parents

221 1. To have them in their custody.

2. To represent them in all matters affecting their interests.
3. To demand from them respect and obedience and impose
necessary discipline on them.
4. To administer their property and to use the fruits and
income for the support of the children and collective daily
needs of the family.
5. To give or withhold consent to their marriage, their
marriage settlements, their donations by reason of
marriage, adoption, and employment.
6. To disinherit them for just cause.

44
Article Duties of Parents

221 1. To support them, providing for their upbringing in

accordance with their means.
2. To educate, instruct, and provide them with moral and
spiritual guidance and love and understanding.
3. To defend them against unlawful aggression.
4. To answer for damages caused by their fault or negligence
and afford the civil liability for crimes committed by them.
5. To give them their lawful inheritance.

45
Sps. Libi and Libi v. Sps.
Gotiong and Gotiong
G.R. No. 70890
September 18, 1992

46
47
48
Tamargo v. CA
G.R. No. 85044
June 3, 1992

49
50
51
 Substitute · Court may appoint a guardian for purposes of
Representation
the lawsuit when the best interest of the child
Article 222
requires it.
· Under article 220, the parents are the legal
representatives of the children in court
proceedings. This article provides the
substitute representation for the interest of
the child.

52
 Substitute · Guardianship – one person, called a “guardian,” acts
Representation for another, called the “ward,” whom the law regards
Article 222 as incapable of managing his own affairs.
· Guardian ad litem – considered 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 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.

53
 · Note that there is a possibility the plaintiff (complainant) may, in the

Article 223 proper case, also be punished.

· Person who has parental authority may seek the assistance of the
court to discipline the child and with a counsel shall undergo a
summary hearing.
· If the court finds that it is the petitioner at fault, the court may
suspend or deprive him of parental authority.
· During the commitment of the child the parent cannot interfere with
the care of the child but will provide support.
· The court may terminate the commitment of the child whenever just
and proper.

54
 · Under Art. 224, measures referred to in Art. 223 may
Article 224 include the commitment of the child for not more
than 30 days in entities or institutions engaged in
child care or in children’s homes duly accredited by
the proper governmental agency.
· The parent exercising parental authority shall provide
for his support but shall not interfere with the care of
the child whenever committed. The court may
terminate the commitment of the child whenever just
and proper. This is upon proper petition or at its own
instance.

55
 Disciplinary Action
Article 224 · The person exercising parental authority has
the right to discipline the child.
· The discipline is intended for correction and
not for punishment.
· Civil remedy is provided under this article if
the discipline imposed by a parent fails to
correct a child.

56
 · No need for a judicial court to appoint parents as guardians.
Article 225 It is presumed that the parents act for the best interest of the
child.
· Does not extend to acts of encumbrance or disposition, as
distinguished from acts of management of administration.
· If the value of the property or income of the child exceeds
Php50,000 the parents are required to furnish a bond in
such amount as the court may determine, but not less than
10% of the value of the property. The purpose of the bond is
to guarantee the performance of the obligations prescribed
for general guardians.

57
 · This is based on the market value of the property or
Article 225 the annual income of the child (ie., the aggregate
of the child’s property or annual income).
· The giving of such bond is a condition precedent to
the vesting of authority.
· Approval of the bond is summary in nature.
· If the guardians are the parents, the Rules on
Guardianship are merely suppletory.
· The State has a role as parens patriae.

58
 Scope of Guardianship

· Any act of disposition or alienation, or

any reduction in the substance of the
patrimony of the child, exceeds the limits
of guardianship.
· Parents cannot validly dispose of the
property of their children without express
judicial authorization.
· In respect to the rights of their children,
the right to administer the property does
not include the authority to compromise.

59
 Cannot be Renounced

· The legal guardianship of the

property of minor children by
their parents is there a natural and
logical consequence of parental
authority. it is deemed inherent in
Patria potestas and public interest.

60
 Delegation of Guardianship

· The power of administration cannot be

delegated to the child himself or to a third
person.
· Transfer of delegation must be approved
by the court.
· If there has been no judicial designation
of the father, the mother may exercise
guardianship.

61
 Removal of Power by Court

· The court may legally remove

the guardianship of the
child's property from the
father for sufficient cause.

62
Denial of The law itself denies the parent the power of administration over some
properties of the child.
Power by
Law Art. 923 of the Civil Code- Art. 1035 of the Civil Code-
When the parent is When the parent is
disinherited by ascendant, he incapacitated by unworthiness
cannot exercise administration to succeed and ascendant, is
over the legitime which is the brave of the administration
inherited by the child through over the legitime transmitted
representation. to the child.

63
 When Natural Parent is Minor

· Incapacity of the minor

parent to administer his
own property extends to
his child's property.

64
 Guy v. CA
G.R. No. 163707
September 15, 2006

65
66
67
 Lindain v. CA
G.R. No. 95305
August 20, 1992

68
69
70
71
 Nario v. The Philippine
American Life Insurance
Company
G.R. No. L-22796
June 6, 1967

72
73
74
75
Unemancipated Ownership of Child’s Acquisition
Child ● The child owns all property acquired as earnings with
(Article 226) this work or industry, or by onerous or lucrative title.
● With the parents’ consent, and leaving independently, he
shall have ownership usufruct and administration over
his property under the Civil Code.
● A parent who allowed an unemancipated child to live
separately to engage in some business, get that
arbitrarily require such shelter return and live with him.

76
Basis of ▹ The usufruct granted by this article to the
Usufruct parent is an attribute of parental authority.
▹ It is a compensation to help him bear the
work, the expenses, and the other burdens
inherent in parental authority, such as
rearing, maintenance, in education of the
children.

77
Right Over
the Child’s It belongs to the child and cannot
Salary
be attached to satisfy the obligation
of the parent.

78
 Alienation
and The right cannot be renounced by the parent.
Renunciation

79
Extinguishment The usufruct Off the parent over the property of the child may be
of Usufruct extinguished:
1. By the emancipation of the child.
2. By the death of the child.
3. By the loss of parental authority through judicial decree.
4. By the consent of the parent to the child's living
independently.
5. In cases of this inheritance and incapacity to succeed by
reason of unworthiness.

80
Administration · Administration without usufruct: As when the
of Usufruct
property is given by the nation or will, and the
grantor provides that the child shall also have the
usufruct.
· Usufruct without administration: When the
property is worth more than P50,000.00 and the
parent does not furnish a bond, another person being
appointed guardian of the property of the child.

81
 Support from
Parent’s Property

▹ Management of any property belonging to

the parents is given to the child.
▹ A reasonable allowance or the whole
products of the property, will go to the
child as compensation for his services as
administrator.
▹ Support incident to parental authority does
not depend upon the law on support.

82
 Suspension or
Termination of
Parental Authority

83
 FC,
Article Parental Authority is Extinguished:
228
-Upon the death of the parents (while
the child is still a minor)
-Upon the death of the child
-Upon emancipation of the child

84
Persons who may exercise
SUBSTITUTE PARENTAL
AUTHORITY (FC, Art. 216)

A. Grandparents (FC,
Art 214);
B. Emancipated brother
or sister:
C. Family friend;
D. DSWD.
***Also on page 24

85
 FC,
Article
Parental Authority also terminates...
-Upon adoption of the child
229 -Upon appointment of a general guardian
-Upon judicial abandonment of the child
-Upon final judgment of a competent court
divesting
the party concerned of parental authority
-Upon judicial declaration of absence or incapacity
of person exercising parental authority

NOTE: Unless subsequently revived by final judgment

86
FC, Article 230
87
DEFINITION
“Civil interdiction loss of rights of parental
authority, guardianship to person and property
of ward, marital authority, right to manage his
property and right to dispose of such.”

Parental authority is automatically reinstated upon

service of sentence or pardon

88
 FC,
Article The court in an action filed for the purpose in a related
case may also suspend parental authority if the parent
231 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
D. Subjects the child or allows him to be subjected to
acts of lasciviousness.

89
 FC,
Article The grounds enumerated above are deemed to include cases which
have resulted from culpable negligence of the parent or the person
231 exercising parental authority.
-continued-
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.

90
 “
- Suspension can be from a case related, offshoot of another case and does not
have to be case filed for the purpose;
- Causes enumerated by the family code are not exclusive, as long as the court
finds justifiable cause;
- May include cases where the parent was negligent or didn’t do anything
about the situation (as in maltreatment of stepmother which the remarried
father (who himself does not maltreat the child) cannot stop

91
 FC,
If the person exercising
Article parental authority has Ground for
232 subjected the child or
permanently
allowed him to be
depriving a parent
subjected to sexual abuse,
of parental
such person shall be
permanently deprived by
authority, and such
the court of such authority cannot
authority. be revived.

92
Differentiate Acts of lasciviousness (Art 231 (D)) =
suspension of parental authority
while

Sexual abuse (Article 232) =

permanent deprivation of parental
authority

93
 **Under RPC: Any person
Differentiate entrusted with parental
authority of a child under
16 years of age to deliver
such child, for a price, for
vagrancy or beggar or
employs children in
exhibitions circus,
carnival, etc. = parental
authority can be deprived
or suspended up to the
discretion of the courts.

94
 FC, The person exercising

Article substitute parental

authority shall have the
233 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.
Those with special parental authority
(ex.: teacher) cannot inflict corporal
punishment on the child. Schools can
impose certain measures of
disciplinary action but cannot inflict
any physical punishment.

95
Francisco Salvana and
Modesta Saliendra v.
Leopoldo Gaela, in his
private capacity and as
Justice of Peace Lucban,
Tayabas
G.R. No. L-34115
February 31, 1931

96
Francisco Salvana and
Modesta Saliendra v.
Leopoldo Gaela, in his
private capacity and as
Justice of Peace Lucban,
Tayabas
G.R. No. L-34115
February 31, 1931

97
George Bongalon v
People
G.R. No. 169533
March 20, 2013

98
Rosaldes v People
G.R. No. 173988
October 8, 2014

99
Rosaldes v People
G.R. No. 173988
October 8, 2014

100
People v Tagalog
G.R. No. 196848
August 8, 2017

101
Rosaldes v People
G.R. No. 173988
October 8, 2014

102
Emancipation &
Age of Majority

103
 Emancipation

▹ Free from control

▹ Emancipation is
attained upon reaching
18 years of age (the age
of majority)

104
Emancipation
Takes Place: OLD RULE:
❖ Attainment of the Age
of Majority (21)
❖ Marriage of the minor
❖ Judicial Concession of
the Parents in a public
instrument
▹ The reduction of 21
years old to 18 years
old under RA 6809,
the last two method
have been abolished
105
Effects of Emancipation

▹ Termination of Parental Authority

▹ Parental Consent in Marriage
▸ A marriage of a person between 18 and 21 years will still require
parental consent, without which the marriage will be voidable
▹ Vicarious Liability
▸ The responsibility of the parents or guardians for the torts
committed by children or wards living in their company remains
even without parental authority

106
- Paras, Edgardo, Civil Code of the Philippines
Annotated, 2008
- Sta. Maria, Persons and Family Relations, 2019
- Tolentino, Civil Code of the Philippines,
Commentaries and Jurisprudence, Vol I, 1990

REFERENCES
107