Lesson 6: Excerpts from the

Family Code of the Philippines

By: Evangeline S. Velasquez
Family Code Provisions on
Parental Authority
 What is Parental Authority?
Parental authority or “patria potestas” in Roman Law is the
juridical institution whereby parents rightfully assume
control and protection of their unemancipated children to
the extent required by the latter’s needs.

It is a mass of rights and obligations which the law grants to

parents for the purpose of the children’s physical
preservation and development, as well as the cultivation of
their intellect and the education of their heart and senses.
As regards parental authority, “there 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.”
 What does parental authority and
responsibility includes?

• 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.
May parental authority be renounced
or transferred?
• General rule: Parental authority and
responsibility may not be renounced or
transferred.

• Exceptions:
a. Adoption
b. Guardianship
c. Surrender to a children’s home or an orphan
institute
Facts:
SAGALA-ESLAO VS CA
When Maria Paz’s husband Reynaldo Eslao died, she entrusted
custody of her youngest child Angelica to her grieving mother-in-
law. She then returned to her mother’s house with Leslie. Years
later, Maria Paz got married to a Japanese-American and live with
him in the US. After this she returned to the Philippines to be
reunited with her children and bring them to the US. She then
informed Teresita about her desire to take custody of Angelica her
new husband’s willingness to adopt her children. Teresita refused,
and accused Maria of having abandoned Angelica when she was 10
days old. Maria instituted an action against Teresita over the return
of the custody of Angelica to her. After the trial on the merits, the
trial court granted the petition. CA affirmed in the full decision of
the trial court.

Issue: Whether or not Teresita Sagala-Eslao should be given the

custody of the child?
 RULING:
No. The right of parents to the custody of their minor
children is one of the natural rights incident to
parenthood, a right supported by law and sound public
policy. The right is an inherent one, which is not
created by the state or decisions of the courts, but
derives from the nature of the parental relationship.
Thus, when Maria entrusted the custody of Angelica to
Teresita, what she gave to the latter was merely
temporary custody and it did not constitute
abandonment or renunciation of parental authority.
The law allows a waiver of parental authority only in
cases of adoption, guardianship and surrender to a
children’s home or an orphan institution.
Who will exercise parental authority?

• General rule: The father and the mother shall

jointly exercise parental authority over the
persons of their common children.

• Exception: In case of disagreement, the

father's decision shall prevail, unless there is a
judicial order to the contrary.
 Who has parental authority?
CASES:
1. Absence or death of either parent, remarriage of
the surviving parent
2. Separation of parents
3. Death, absence or unsuitability of the parents
4. Default of parents or judicially appointed
guardian
5. Foundlings, abandoned, neglected or abused
children and other children similarly situated
CASE 1: Absence or death of either parent

• The parent present shall continue exercising

parental authority.

Remarriage of the Surviving Parent

• It will 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.
CASE 2: Separation of parents,
children of which is under seven years
of age

• General rule: No Child under seven years of

age shall be separated from the mother.

• Exception: Court finds compelling reasons to

order otherwise.
What are the compelling reasons for a
mother to lose her custody?
1. Neglect
2. Abandonment
3. unemployment and immorality
4. habitual drunkenness
5. drug addiction
6. maltreatment of the child
7. Insanity
8. affliction with a communicable illness
CASE 2: Separation of parents,
children of which is over seven years
of age

• Parental authority shall be exercised by the

parts designated by the Court. The court shall
take into account all relevant considerations,
especially the choice of the child over seven
years of age, unless the parent chosen is unfit.
Factors that Determine the Fitness of
any Parent

1. Ability to see to the physical, educational,

social and moral welfare of the children
2. Ability to give them a healthy environment as
well as physical and financial support taking
into consideration the respective resources
and social and moral situations of the
parents.
Substitute and Special
Parental Authority
Death, absence or unsuitability of the
parents
One survive

• Parental authority shall be exercised by the

surviving grandparent.

Several survive

• The one designated by the court shall

exercise the authority.
 Can a child be compelled, in a criminal
case, to testify against his parents and
grandparents? Why?
• General rule: No descendant can be compelled, in a
criminal case, to testify against his parents or
grandparents

• Exceptions:
1. Testimony is indispensible in a crime against the
descendant
2. Testimony is indispensable in a crime of one parent
against the other
The reason for the filial privilege is to foster
family unity and tranquility while the
exception to this rule is when the testimony is
indispensable in a crime against the
descendant or by one parent against the other
which 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.
 CASE 4: Default of parents or
judicially appointed guardian
• The following person shall exercise substitute parental
authority over the child in the order indicated:

1. Surviving grandparent, as provided in Art. 214

2. Oldest brother or sister, over twenty-one years of age,

unless unfit or disqualified

3. Child's actual custodian, over twenty-one 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.
CASE 5: Foundlings, abandoned, neglected
or abused children and other children
similarly situated

• Parental authority shall be entrusted in

summary judicial proceedings to head of
children’s homes, orphanages and similar
institutions duly accredited by the proper
government agency
 Authority of persons exercising substitute
parental authority:
• Same authority over the person of the child as
the parents.
• Can inflict corporal punishment over the child.

Liability of persons exercising authority:

• Civilly liable for the injuries and damages
caused by the acts or omissions of the of the
unemancipated children.
Who have special parental authority?

• 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
To which activities do special parental
authority applies?

• To all authorized activities whether

inside or outside the premises of the
school, entity or institution.
Are children civilly responsible for
their bad actions?
• It depends.

• General rule: Parents are primarily liable (civilly) for

injuries and damages caused by the acts and
omissions of their unemancipated children living in
their company and under their parental authority.

• Exception: If parents can show that they exercised

the diligence of a good father, then there will be no
liability.
Effect of Parental Authority Upon
the Persons of the Children
 Rights and Duties of Parents and
Those Exercising Parental Authority
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
2. To give them love and affection, advice and counsel,
companionship and understanding
3. 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;
4. To enhance, protect, preserve and maintain their
physical and mental health at all times;
 Rights and Duties of Parents and
Those Exercising Parental Authority
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;
6. To represent them in all matters affecting their
interests;
7. To demand from them respect and obedience;
8. To impose discipline on them as may be required
under the circumstances; and
9. To perform such other duties as are imposed by
law upon parents and guardians. (316a)
 Who have the principal duty to
discipline the children?
• General rule: The parents have the principal duty
of undertaking measures to discipline their
children.

• Exception: If the children remain incorrigible, the

parents are given the right to seek the aid of the
court to impose other more drastic disciplinary
measures for the child’s improvement and which
the court may provide as warranted under the
premises.
• It 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 the 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.
Effect of Parental Authority Upon
the Property of the Children
 Who shall exercise legal guardianship over the
property of the unemancipated child?

• General rule: The father and the mother

• Exception: 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 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.
 Who owns the property of the unemancipated child
earned or acquired with his work or industry or by
onerous or gratuitous title?

• The child himself owns the property and shall

be primarily used for his own welfare, support
and education. However, being a part of a
family which the state seeks to strengthen, if
the child’s property is more than sufficient to
maintain the said child, the said properties
may be used to defray the collective daily
needs of the family.
 CASE: Parents entrust the management or
administration of any of their properties to an
unemancipated child

• Net proceeds of such property shall belong to

the owner
• General rule: The child shall be given a
reasonable monthly allowance in an amount
not less than that which the owner would
have paid if the administrator were a stranger
• Exception: The owner, grants the entire
proceeds to the child.
Suspension or Termination of
Parental Authority
 Cases Resulting to Permanent
Termination of Parental Authority

1. Upon the death of the parents

2. Upon the death of the child
3. Upon emancipation of the child
Other Cases Resulting to the Termination
of Parental Authority
1. Upon adoption of the child
2. Upon appointment of a general guardian
3. Upon judicial declaration of abandonment of the
child in a case filed for the purpose
4. Upon final judgment of a competent court divesting
the party concerned of parental authority
5. Upon judicial declaration of absence or incapacity
of the person exercising parental authority. (327a)

Note: Such termination is not permanent as it can be

revived by a court order
 CASE: Conviction of the parent or the person
exercising the same of a crime which carries
with it the penalty of civil interdiction

• Parental authority is suspended. The

authority is automatically reinstated
upon service of the penalty or upon
pardon or amnesty of the offender.
 The court may also suspend parental
authority if the parent or the person
exercising the same:
1. Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example
3. Compels the child to beg
4. Subjects the child or allows him to be subjected to acts of
lasciviousness.
• 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
thereof has ceased and will not be repeated.
CASE: Person exercising parental authority
has subjected the child or allowed him to
be subjected to sexual abuse

• Parents shall be permanently deprived of

their parental authority, but parental
authority cannot be revived if the
parents or the persons exercising
parental authority were found to be
subjected to sexual abuse.
Who can inflict corporal punishment?

• Parents and persons exercising substitute

parental authority can inflict corporal
punishment.

• Only persons exercising special parental

authority cannot inflict corporal
punishment.