RESEARCH MEMORANDUM

TO : ATTY. LYAN DAVID M. JUANICO

FROM: DAPHNE CARMELOTTE M. RODRIGUEZ

RE : LEGAL PARENTAL RESPONSIBILITIES IN THE EDUCATION OF

HIS/HER CHILD

INTRODUCTION

Article XIV, Section 1 of the 1987 Constitution provides that “The State shall protect and
promote the right of all citizens to quality education at all levels, and shall take appropriate steps
to make such education accessible to all.” Here, parental responsibility in child’s education is an
essential aspect of their development and academic successes. It includes a range of duties and
obligations throughout their child’s educational journey. As such, this legal research
memorandum aims to provide concise analysis on the legal parental responsibilities in the
education of his/her child in the Philippine Laws. It delves into the legal foundations and
obligations of parents in providing societal needs and quality education for their children as well
as legal consequences that may arise in case of non-compliance of such parental responsibilities.

APPLICABLE LAWS

GENERAL PROVISIONS IN FAMILY CODE

ARTICLE 209
Pursuant to the natural right and duty of parents over the person and property of the
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 220
The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:

1) 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;

5) 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.

ARTICLE 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.

PRESIDENTIAL DECREE 603

Under P.D. No. 603, otherwise known as the Child and Youth Welfare Code, the rights of the
child are likewise enumerated in Article 3 thereof, thus:

Article 3. Rights of the Child – All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political
antecedents, and other factors.

6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and
to his fellowmen.

With respect to the duties of the parents, they must likewise know that there are certain rights of
the children which they are duty-bound to accord. Thus, Article 356 of the Civil Code of 1950
states that every child 1) is entitled to parental care; 2) shall receive at least elementary
education; 3) shall be given moral and civic training by the parents or guardian; and 4) has a
right to live in an atmosphere conducive to his physical, moral and intellectual development.

CONCLUSION
These legal provision of the Family Code, PD 603 and other jurisprudents emphasize the legal
parental responsibility in the education of his/her child. The law ensures that evert child has the
right to live in a community and a society that can offer him an environment conducive to the
cultivation of his desirable traits and attributes and quality education for the improvement of his
capacity for service to himself and to his fellowmen.