FAMILY CODE

 One who is married to a Filipino citizen and seeks to

adopt jointly with his/her spouse a relative within
the 4th civil degree of consanguinity or affinity of the
ATTY. GIDEON MORTEL Filipino spouse
Colleen Bunyi
Guardian as adopter
- A guardian may only adopt the ward after the
termination of the guardianship and clearance of his/her
TITLE VII – ADOPTION financial accountabilities

Who may be adopted

ARTICLE 183. - Any person below 18 years of age who has been
A person of age and in possession of full civil capacity and administratively or judicially declared available for
legal rights may adopt, provided he is in a position to adoption
support and care for his children, legitimate or illegitimate, in  Legally available for adoption:
keeping with the means of the family.
 Below 18 years of age
 Voluntarily or involuntarily committed to DSWD
Only minors may be adopted, except in the cases when the
or to a duly licensed and accredited child-
adoption of a person of majority age is allowed in this Title.
placing or child-caring agency and freed from
parental authority of his/her biological
In addition, the adopter must be at least sixteen years older
parent(s) or guardian or adopter(s) in case of
than the person to be adopted, unless the adopter is the
rescission of adoption
parent by nature of the adopted, or is the spouse of the
 Voluntarily committed child – one whose
legitimate parent of the person to be adopted. (27a, EO 91
parent(s) knowingly and willingly
and PD 603)
relinquishes parental authority to the
DSWD
Filipino adopter.
 Involuntarily committed child – one whose
- A person not of age and is not in possession of full civil
parent(s), known or unknow, has been
capacity and legal rights cannot adopt however, a
permanently and judicially deprived of
person who is of legal age and in possession of full civil
parental authority due to abandonment;
capacity and legal rights is not necessarily qualified.
substantial, continuous, or repeated
- REQUIREMENTS:
neglect; abuse; or incompetence to
 At least 16 years older than the adoptee
discharge parental responsibilities
 XPN (diff. may be waived): Adopter is -
 Any voluntary or involuntary termination of parental
 Biological parent of the adoptee
authority shall be administratively or judicially
 Spouse of the adoptee’s parent
declared so to establish “legally available for
 Of good moral character and has not been
adoption” status
convicted of any crime involving moral turpitude; - Legitimate child of one spouse by the other spouse
and
 Not necessarily below 18 years old
 Emotionally and psychologically capable of caring
- Illegitimate child by a qualified adopter to improve
for children and in a position to support and care his/her status to that of legitimacy
for his or her children in keeping with the means of
 May be of legal age
the family.
 Married adopter seeking to adopt own illegitimate
child:
Alien adopter.
 Spouse must signify consent
- Same qualifications required of Filipino nationals
 Spouse need not join the adoption
- ADDITIONAL REQ:
 Married adopter seeking to adopt spouse’s
 His/her country must have diplomatic relations with
illegitimate child
the Republic of the Philippines;
 Joint adoption required
 He/she has been certified by his/her diplomatic or
- A person of legal age if, prior to the adoption, said
consular office or any appropriate government
person has been consistently considered and treated by
agency to be legally capacitated to adopt in his/her
the adopter(s)as his/her own child since minority
country;
- A child whose adoption has been previously rescinded
 His/her government allows the adoptee to enter
 To be legally available for adoption, the child must
his/her country as his/her adopted son/daughter;
be below 18 years of age
 He/she has been living in the Philippines for at least
- A child whose biological or adoptive parent(s) as died
3 continuous years prior to the filing of the
provided that the child is below 18
application for adoption and maintains such
 No adoption proceedings shall be initiated within 6
residence until the adoption decree is entered
months from the time of death of said parents
- When requirements on residency and certification may
- No provision in the law that expressly prohibits adoption
be waived:
among relatives, they ought not to be prevented.
 A former Filipino citizen who seeks to adopt a
relative within the 4th degree of consanguinity or
ARTICLE 184.
affinity;
The following persons may not adopt:
 Consanguinity – by blood
1) The guardian with respect to the ward prior to the
 Affinity – as a consequence of marriage
approval of the final accounts rendered upon the
 One who seeks to adopt the legitimate
termination of their guardianship relation;
son/daughter of his/her Filipino spouse;

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 2) Any person who has been convicted of a crime 3) The legitimate and adopted children, ten years of
involving moral turpitude; age or over, of the adopting parent or parents;
3) An alien, except: 4) The illegitimate children, ten years of age or over,
a. A former Filipino citizen who seeks to of the adopting parent, if living with said parent and
adopt a relative by consanguinity; the latter’s spouse, if any; and
b. One who seeks to adopt a legitimate child 5) The spouse, if any, of the person adopting or to be
of his or her Filipino spouse; or adopted. (31a, EO 91 and PD 603)
c. One who is married to a Filipino citizen
and seeks to adopt jointly with his or her Requirement of consent
spouse a relative by consanguinity of the - Consent of the biological parent to the adoption is
latter required because of the effects of the decree of
adoption is deprivation of parental authority
Aliens not included in the foregoing exceptions may adopt - Absence of parental authority of the biological parent
children in accordance with the rules on inter-country does not mean that consent is not required
adoptions as may be provided by law. (28a, EO 91 and PD - The law does not distinguish between legitimate and
603) illegitimate filiation
- GR: written consent of natural parent is indispensable to
ARTICLE 185. the validity of the decree of adoption
Husband and wife must jointly adopt, except in the following  XPN: if the parent has abandoned the child or that
cases: such parent is insane or hopelessly intemperate
1) When one spouse seeks to adopt his own  Consent by the parents to the adoption is not
illegitimate child; or an absolute requisite
2) When one spouse seeks to adopt the legitimate  If the child is illegitimate and has not been
child of the other. (29a EO 91 and PD 603) recognized the consent of its father to the
adoption is not required
Joint adoption of spouses  Exception stated in Section 3 of Rule 99 but
- Required by both the Domestic Adoption Act and the was superseded by the Rules on Adoption
Family Code which did not reproduce the provision.
- Mandatory. XPN:
 One spouse seeks to adopt the legitimate child of ARTICLE 189.
the other Adoption shall have the following effects:
 One spouse seeks to adopt his/her own illegitimate 1) For civil purposes, the adopted shall be deemed to
child, provided, however, that the other spouse be a legitimate child of the adopters and both shall
has signified his/her consent thereto acquire the reciprocal rights and obligations arising
 The spouses are legally separated from the relationship of parent and child, including
- Joint adoption is still necessary when one spouse seeks the right of the adopted to use the surname of the
to adopt the illegitimate child of the other. adopters;
 RATIONALE: improve the child’s status to that of 2) The parental authority of the parents by nature
legitimacy over the adopted shall terminate and be vested in
- Joint parental authority shall be exercised the adopters, except that if the adopter is the
spouse of the parent by nature of the adopted,
ARTICLE 186. parental authority over the adopted shall be
In case husband and wife jointly adopt or one spouse adopts exercised jointly by both spouses; and
the legitimate spouse of the other, joint parental authority 3) The adopted shall remain an intestate heir of his
shall be exercised by the spouses in accordance with this parents and other blood relatives. (39[1]a, [3]a, PD
Code. (29a, EO 91 and PD 603) 603)

ARTICLE 187. Transfer of parental authority

The following may not be adopted: - Parental authority of the parents by nature over the
1) A person of legal age unless he or she is a child by adopted shall terminate and the same shall be vested in
nature of the adopter or his or her spouse, or, prior the adopters
to the adoption, said person has been consistently  XPN: Adopter is the spouse of the parents by nature
considered and treated by the adopter as his or her of the adopted. Parental authority shall be exercised
own child during minority; by both spouses
2) An alien with whose government the Republic of
the Philippines has no diplomatic relations; and Legitimacy
3) A person who has already been adopted unless - An act which endows the child with a legitimate status
such adoption has been previously revoked or - Relationship established by the adoption is limited to the
rescinded. (30a, EO 91 and PD 603) adopting parents and does not extend to their other
relatives, except as expressly provided by law
ARTICLE 188.  Adopted child cannot be considered as a relative of
The written consent of the following to the adoption shall be the descendants and collaterals of the adopting
necessary: parents, nor of the legitimate children which they
1) The person to be adopted, if ten years of age or may have after the adoption
over;  Children of the adopted is not considered as
2) The parents by nature (biological parents) of the descendants of the adopter
child, the legal guardian, or the proper government - The adopted is entitled to all rights provided by law to a
instrumentality; legitimate child without discrimination of any kind:

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  Right to bear the surname of the adopter - No express declaration of entitlement of an adopted
 An amended birth certificate shall be issued by child to a legitime in the estate of the adopter in FC and
the Civil Registry DAA
 Original birth certificate shall be stamped - Both declares an adopted child to be considered a
“cancelled” with the annotation of the issuance legitimate child “for all intents and purpose”
of an amended birth certificate - Adopted child is a compulsory heir of the adopter and
 New birth certificate shall not bear any notation his legitime is the same as that granted to a legitimate
that it is an amended issue child of the adopter
 Provision of law which entitles the adoptee to - The only way by which an adopted may be able to
use the surname of the adopter refers to the inherit from his biological parents is through
adopter’s own surname and not that which was testamentary succession (not a compulsory heir per
acquired by virtue of marriage DAA)
 No law prohibiting an illegitimate child adopted
by her natural father to use as middle name Legal or intestate heir
her mother’s surname (In re: Adoption of - Adopter and adoptee shall have reciprocal rights of
Stephanie Nathy Astorga Garcia) succession without distinction from legitimate filiation
 Right to support from the adopter - Under DAA, it was the intention of the law to extinguish
 Chargeable against the absolute community or the reciprocal rights of succession that exist between
against the conjugal partnership of gains. the adopted and his or her parents by nature, including
 Demand for support from biological parents: the right to the legitime and rights arising from legal or
 Under the Domestic Adoption Act (DAA), intestate succession
the adopted and his or her biological
parents are not legally bound to support ARTICLE 191.
each other If the adopted is a minor or otherwise incapacitated, the
 Support does not depend upon parental adoption may be judicially rescinded upon petition of any
authority but right to demand support is person authorized by the court or proper government
based on legal relation instrumentality acting on his behalf, on the same grounds
 DAA – all legal ties between the biological prescribed for loss or suspension of parental authority. If the
parent(s) and the adoptee shall be severed adopted is at least eighteen years of age, he may petition for
and the same shall be vested upon the judicial rescission of the adoption on the same grounds
adopter prescribed for disinheriting an ascendant. (40a, PD 603)
 Right to a legitime and other successional rights
vis-à-vis the adopter Who may rescind
- Under DAA, the adopted child has the sole right to
ARTICLE 190. severe the legal ties created by adoption
Legal or intestate succession to the estate of the adopted - Adoption, being in the best interest of the child shall not
shall be governed by the following rules: be subject to rescission by the adopter(s). However, the
1) Legitimate and illegitimate children and adopter(s) may disinherit the adoptee for causes
descendants and the surviving spouse of the provided in Art 919, CC. (Sec 19, DAA)
adopted shall inherit from the adopted, in - Assistance of DSWD in filing petition for rescission of
accordance with the ordinary rules of legal or adoption
intestate succession;  Minor
2) When the parents, legitimate or illegitimate, or the  Over 18 years of age but is incapacitated
legitimate ascendants of the adopted concur with
the adopters, they shall divide the entire estate, Prescriptive period
one-half to be inherited by the parents or - FIVE YEARS
ascendants and the other half, by the adopters;  From reaching the age of majority, if incapacitated
3) When the surviving spouse or the illegitimate  After recovery from incompetency, if incompetent at
children of the adopted concur with the adopters, the time of the adoption
they shall divide the entire estate in equal shares,
one-half to be inherited by the spouse or the ARTICLE 192.
illegitimate children of the adopted and the other The adopters may petition the court for the judicial
half, by the adopters; rescission of the adoption in any of the following cases:
4) When the adopters concur with the illegitimate 1) If the adopted has committed any act constituting a
children and the surviving spouse of the adopted, ground for disinheriting a descendant; or
they shall divide the entire estate in equal shares, 2) When the adopted has abandoned the home of the
one-third to be inherited by the illegitimate children, adopters during minority for at least one year, or,
one-third by the surviving spouse, and one-third by by some other acts, has definitely repudiated the
the adopters; adoption. (41a, PD 603)
5) When only the adopters survive, they shall inherit
the entire estate; and Grounds for rescission
6) When only collateral blood relatives of the adopted - Repeated physical and verbal maltreatment by the
survive, then the ordinary rules of legal or intestate adopter(s) despite having undergone counseling;
succession shall apply. (39[4]a, PD 603) - Attempt on the life of the adoptee;
- Sexual assault or violence; or
Compulsory heir - Abandonment and failure to comply with parental
obligations

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ARTICLE 193. Subject to the provisions of the succeeding articles, the
If the adopted minor has not reached the age of majority at following are obliged to support each other to the whole
the time of the judicial rescission of the adoption, the court extent set forth in the preceding article:
in the same proceeding shall reinstate the parental authority 1) The spouses;
of the parents by nature, unless the latter are disqualified or 2) Legitimate ascendant and descendants;
incapacitated, in which case the court shall appoint a 3) Parents and their legitimate children and the
guardian over the person and property of the minor. If the legitimate and illegitimate children of the latter;
adopted person is physically or mentally handicapped, the 4) Parents and their illegitimate children and the
court shall appoint in the same proceeding a guardian over legitimate and illegitimate children of the latter; and
his person or property or both. 5) Legitimate brothers and sisters, whether of the full
or halfblood (291a)
Judicial rescission of the adoption shall extinguish all
reciprocal rights and obligations between the adopters and In general
the adopted arising from the relationship of parent and child. - Support is an obligation that arises from family
The adopted shall likewise lose the right to use the surnames relationship
of the adopters and shall resume his surname prior to the - Family relations:
adoption.  Husband and wife
 Parents and children
The court shall accordingly order the amendment of the  Other ascendants and descendants
records in the proper registries. (42a, PD 603)  Brothers and sisters, whether of the full or
halfblood
Effects of rescission
- GRANTED: Between spouses
 Parental authority of the adoptee’s biological - Obliged to render mutual help and support
parent(s), if known, or the legal custody of the - Marriage relations is the source of the obligation
Department, shall be restored if the adoptee is still - Right to receive support is born from law and created as
a minor or incapacitated such by the marriage tie, and subsist throughout the
 Reciprocal rights and obligations of the adopter(s) period that the marriage subsists
and the adoptee to each other shall be extinguished - SPOUSE: legal husband and wife
 Court shall order the Civil Registrar to cancel the  To be entitled for support, spouse must be the
amended birth certificate of the adoptee and “legitimate spouse”
restore his/her original birth certificate  Once marriage has been annulled, the right ceases,
 Succession rights shall revert to its status prior to even pending the action filed by her for the
adoption, but only as of the date of judgment of liquidation of their conjugal property
judicial rescission. However, vested rights acquired
prior to judicial rescission shall be respected Obligation to support?
Annulment Ceases
TITLE VIII – SUPPORT Absolute nullity Ceases
Legal separation Ceases but the court may, in its
ARTICLE 194. discretion, order that the guilty
Support comprises everything indispensable for sustenance, spouse shall give support to the
dwelling, clothing, medical attendance, education and innocent one
transportation, in keeping with the financial capacity of the
family. Legitimate ascendants and descendants
- BASIS OF RIGHT: legitimacy of relationship that exists
The education of the person entitled to be supported among ascendants and descendants
referred to in the preceding paragraph shall include his - Illegitimate descendants, whether from a legitimate or
schooling or training for some profession, trade or vocation, illegitimate children, are entitled to support from the
even beyond the age of majority. Transportation shall grandparents
include expenses in going to and from school, or to and from
place of work. (290a) Parents and their children
- Children, whether legitimate or illegitimate, are entitled
Concept of support to be supported by their parents
- Includes everything necessary to proper maintenance - Unborn child still has a right to support from its
and something more than the bare necessities of life progenitors even if said child is only “en ventre de sa
- Involves the comforts of life as well, and it takes in mere” (in its mother’s womb)
everything, necessities and luxuries, which a person in a - Obligation to give support and right to receive so do not
certain situation is entitled to have and enjoy proceed from, or based upon, the exercise of parental
- “Support” applies only to means of subsistence during authority
life - Right of the children to receive support extends even
 Funeral expenses are not within the meaning of the beyond the age of majority
word - Illegitimate father is also obliged to give support even
 But the duty and the right to make arrangements when parental authority is exercised by the mother
for the funeral of a relative shall also be in
accordance with the order established for support Source of support
 Allowance for the payment of life insurance Common children and Absolute community of
premiums is not included legitimate children of property or conjugal
ARTICLE 195. either spouse partnership
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 that the guilty spouse shall give support to the innocent one,
If insufficient, spouses shall be specifying the terms of such order. (292a)
solidarily liable with their
separate property When right to support between spouses ceases
Illegitimate children Separate property of the - Upon severance of marital tie
person obliged to give support.  Final judgment granting petition for annulment or
petition for declaration of nullity of marriage
If there’s no separate property,  In legal separation, upon the finality of a decree of
the ACP or CP, if financially legal separation
capable, shall advance the  Court may, in its discretion, order the guilty
support, which shall be spouse to give support to the innocent one
deducted from the share of the
spouse obliged upon Support pendente lite between spouses
liquidation of the absolute - Basis:
community or conjugal  Court shall provide for support in the absence of a
partnership written agreement between spouses during
pendency of the action for annulment, absolute
ARTCILE 196. nullity or legal separation
Brothers and sisters not legitimately related, whether of the - Defenses against action for support
full or halfblood, are likewise bound to support each other to  Support pendente lite may not be allowed:
the full extent set forth in Article 194, except when the need  If marriage is denied, thus putting an issue to
for support of the brother or sister, being of age, is due to a the very status of the plaintiff, unless and until
cause imputable to the claimant’s fault or negligence. (291a) marriage is established as a fact
 Where there is a defense that plaintiff wife has
Between brothers and sisters committed adultery and allegation is
- Whether relation is legitimate or illegitimate, whether established by competent evidence
full or halfblood, are bound to support each other to the  Mere allegation will not bar wife from the
full extent of support set in Art 194, FC right
- If illegitimate: - Procedure:
 Right and obligation ceases when the need for  Upon receipt of a verified petition for declaration of
support of the brother or sister, being of age, is due absolute nullity of void marriage or for annulment
to a cause imputable to the claimant’s fault or of voidable marriage, or for legal separation, and at
negligence anytime during the proceeding, the court, motu
proprio or upon application under oath of any of the
ARTICLE 197. parties, may issue provisional orders and protection
For the support of legitimate ascendants; descendants, orders, including spousal support, with or without
whether legitimate or illegitimate; and brothers and sisters, hearing.
whether legitimately or illegitimately related, only the  Order may be enforced immediately, with or
separate property of the person obliged to give support shall without bond, and for such a period and under such
be answerable provided that in case the obligor has no terms and conditions as the court may deem
separate property, the absolute community or the conjugal necessary
partnership, if financially capable, shall advance the support,  No need to go into the full merits of the case, it is
which shall be deducted from the share of the spouse enough that the facts be established by affidavits or
obliged upon the liquidation of the absolute community or of other documentary evidence appearing in the
the conjugal partnership. (n) record
 Spousal support:
Properties answerable for support  GUIDELINES ON THE DETERMINATION:
- For children, see table in Art. 195  In the absence of adequate provisions in a
- For ascendants, descendants (whether legitimate or written agreement between the spouses,
illegitimate), and brother and sisters (whether the spouses may be supported from the
legitimately or illegitimately related): properties of the absolute community or
 Only the separate property of the person obliged to the conjugal partnership;
give support shall be answerable  The court may award support to either
 If there’s no separate property, the ACP or CP, if spouse in such amount and for such period
financially capable, shall advance the support, of time as the court may deem just and
which shall be deducted from the share of the reasonable based on their standard of
spouse obliged upon liquidation of the absolute living during the marriage;
community or conjugal partnership  The court may likewise consider the
following factors:
ARTICLE 198. i. Whether the spouse seeking support
During the proceedings for legal separation or for annulment is the custodian of a child whose
of marriage, and for declaration of nullity of marriage, the circumstances make it appropriate for
spouses and their children shall be supported from the that spouse not to seek outside
properties of the absolute community or the conjugal employment
partnership. After final judgment granting the petition, the ii. Time necessary to acquire sufficient
obligation of mutual support between the spouses ceases. education and training to enable the
However, in case of legal separation the court may order spouse seeking support to find

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 appropriate employment, and that Whenever two or more persons are obliged to give support,
spouse’s future earning capacity; the liability shall devolve upon the following persons in the
iii. Duration of the marriage order herein provided:
iv. Comparative financial resources of the 1) The spouse;
spouses, including their comparative 2) The descendants in the nearest degree;
earning abilities in the labor market 3) The ascendants in the nearest degree; and
v. Needs and obligations of each spouse 4) The brothers and sisters. (294a)
vi. Contribution of each spouse to the
marriage, including services rendered ARTICLE 200.
in home-making, child care, When the obligation to give support falls upon two or more
education, and career building of the persons, the payment of the same shall be divided between
other spouse them in proportion to the resources of each.
vii. Age and health of the spouses
viii. Ability of the supporting spouse to However, in case of urgent need and by special
give support, taking into account that circumstances, the judge may order only one of them to
spouse’s earning capacity, earned and furnish the support provisionally, without prejudice to his
unearned income, assets, and right to claim from the other obligors the share due from
standard of living them.
ix. Other factors deemed just and
equitable When two or more recipients at the same time claim support
 The Family Court may even direct the from one and the same person legally obliged to give it,
deduction of the provisional support from should the latter not have sufficient means to satisfy all
the salary of the spouse claims, the order established in the preceding article shall be
 Child support followed, unless the concurrent obligees should be the
 Common children supported from the spouse and a child subject to parental authority, in which
properties of the ACP or CP case the child shall be preferred. (295a)
 Subject to the sound discretion of the court, ARTICLE 201.
either spouses or both may be ordered to give The amount of support, in the cases referred to in Articles
an amount necessary for the support, 195 and 196, shall be in proportion to the resources or
maintenance, and education of the child means of the giver and to the necessities of the recipient.
 In proportion to the resources or means of (296a)
the giver and to the necessities of the
recipient ARTICLE 202.
 Factors to consider in determining the amount Support in the cases referred to in the preceding article shall
for provisional support: be reduced or increased proportionately, according to the
 Financial resources of the custodial and reduction or increase of the necessities of the recipient and
non-custodial parent and those of the child the resources or means of the person obliged to furnish the
 Physical and emotional health of the child same. (297a)
and his/her special needs and aptitudes
 Standard of living the child has been Amount
accustomed to - Any judgment granting support never becomes final and
 Non-monetary contributions that the is always subject to modification, depending upon the
parents will make toward the care and needs of the child and the capabilities of the parents to
well-being of the child give support
 Family Court may direct the deduction of the - Incumbent upon the court to base its award of support
provisional support from the salary of the on the evidence presented before it
parent  Must prove the capacity or resources of both
 Cases covered by RA No. 9262 parents who are jointly obliged to support their
 Anti-violence against women and their children as provided under Article 195 of the Family
children act of 2004 Code; and
 Spouse who is a victim of violence has an  Monthly expenses incurred for the sustenance,
immediate relief and faster remedy in the dwelling, clothing, medical attendance, education
form of a Temporary Protection Order and transportation of the child
(TPO), by virtue of which, the court can
direct the respondent husband to provide ARTICLE 203.
support to the wife and/or her child if The obligation to give support shall be demandable from the
entitled to legal support, and the court time the person who has a right to receive the same needs it
may likewise order that an appropriate for maintenance, but it shall not be paid except from the
percentage of the income or salary of the date of judicial or extrajudicial demand.
respondent be withheld regularly by the
respondent’s employer for the same to be Support pendente lite may be claimed in accordance with the
automatically remitted directly to the Rules of Court.
woman
 Failure without justifiable cause shall Payment shall be made within the first five days of each
render the respondent or his employer corresponding month. When the recipient dies, his heirs shall
liable for indirect contempt of court not be obliged to return what he has received in advance.
(298a)
ARTICLE 199.
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ARTICLE 204.  RATIONALE: The right to support being founded
The person obliged to give support shall have the option to upon the need of the recipient to maintain his
fulfill the obligation either by paying the allowance fixed, or existence, he is not entitled to renounce or transfer
by receiving and maintaining in the family dwelling the the right for this would mean sanctioning the
person who has a right to receive support. The latter voluntary giving up of life itself
alternative cannot be availed of in case there is a moral or - Future support cannot be the subject of a compromise
legal obstacle thereto. (299a) - Compensation may not even be set up against a creditor
who has a claim for support due by gratuitous title
Manner of payment
- The court may exempt one spouse from living with the
other if the latter should live abroad or there are other
valid and compelling reasons for the exemption (Article ARTICLE 206.
69, FC) When, without the knowledge of the person obliged to give
 Right of the wife to separate maintenance is support, it is given by a stranger, the latter shall have a right
recognized, hence, the latter alternative provided to claim the same from the former, unless it appears that he
for in Article 204 of the Family Code is not available gave it without any intention of being reimbursed. (2164a)
 where the place chosen by the husband for the
family residence is dangerous to her life, or she
is subjected to maltreatment or insults which
make common life impossible ARTICLE 207.
 where the husband spends his time in When the person obliged to support another unjustly refuses
gambling, giving no money to his family for or fails to give support when urgently needed by the latter,
food and their necessities, and at the same any third person may furnish support to the needy individual,
time insulting his wife and laying hands on her; with a right of reimbursement from the person obliged to
 where the husband has continually carried on give support. This Article shall apply particularly when the
illicit relations with other women and treated father or mother of a child under the age of majority unjustly
his wife roughly; refuses to support or fails to give support to the child when
 where the wife was virtually driven from their urgently needed. (2166a)
home by the husband and threatened with
injury Payment to third person
 In all the foregoing cases where the wife was - Arises from quasi-delict
justified to live separately from the husband, the - PURPOSE: Promise of reimbursement on the part of the
courts have uniformly required the husband to give person obliged to furnish support, in spite of deliberate
support disregard of his legal and moral duty
- Misunderstanding or disagreement with in-laws is not a - Distinguished from Art 206:
ground for leaving the conjugal residence  “obligor unjustly refuses or fails to give support”

Right to recover attorney’s fees ARTICLE 208.

- Where duty to support is admitted, but in spite of In case of contractual support or that given by will, the
demands the duty is not complied with and the person excess in amount beyond that required for legal support
to be supported has to resort to the court for the shall be subject to levy on attachment or execution.
enforcement of his right, then the person obliged to Furthermore, contractual support shall be subject to
give support must pay reasonable attorney’s fees adjustment whenever modification is necessary due to
- In actions for legal support, even in the absence of changes in circumstances manifestly beyond the
stipulation, attorney’s fees are recoverable contemplation of the parties. (n)

Judgment immediately executory Legal support Contractual Support

- Section 4, Rule 39, Rules of Court: immediately Origination Provisions of law From the will of the
executory and cannot be stayed by an appeal of right to obligor (as those
 RATIONALE: In all cases involving a child, his support given by will) or
interest and welfare are always the paramount from the agreement
concerns. It would be a travesty of justice to refuse of the parties (or
him support until the decision of the trial court those expressed in
attains finality contracts)
Obligation of Must be mutually Need not be mutual
ARTICLE 205. recipient and obliged to give
The right to receive support under this Title as well as any giver support under Art
money or property obtained as such support shall not be 195 and 196
levied upon on attachment or execution. (302a) Waived or No Yes
renounced
Characteristics of Right to Support
- Cannot be levied upon on attachment or execution Contractual support
 RATIONALE: To allow attachment or execution of - Excess in amount beyond that required for legal support
the right to support, or of what is used for support, shall be subject to levy on attachment or execution
would defeat the purpose which the law gives to
the recipient against want and misery TITLE IX – PARENTAL AUTHORITY
- Cannot be renounced nor can it be transmitted to a third
person
7|Page
ARTICLE 209. Cannot be renounced or transferred
Pursuant to the natural right and duty of parents over the - Inalienable since right attached to parental authority is
person and property of their unemancipated children, purely personal
parental authority and responsibility shall include the caring - When waiver is allowed: (GAS)
for and rearing of such children for civic consciousness and  Guardianship
efficiency and the development of their moral, mental and  Adoption
physical character and well-being. (n)  Deprivation of parental authority is one of the
effects of a decree of adoption
Parental authority, explained  Upon issuance of decree, parental authority of
- Patria potestas in Roman law the parents by nature ceases and the same is
- Mass of rights and obligations which parents have in vested in the adopters
relation to the person and property of their children until  Effect of decree retroacts to the day of filing of
their majority age or emancipation, and even after the original petition
under certain circumstances  In adoption proceedings, temporary parental
- Juridical institution whereby parents rightfully assume authority is vested upon the adopter during the
control and protection of their unemancipated children period of supervised trial custody
to the extent required by the latter’s needs
- Obligational aspect is supreme CASE NOTE
 No power, but a task Tamargo vs. Court of Appeals, GR 85044 (1992)
 No complex rights (of a parent) but a sum of duties
 No sovereignty but a sacred trust for the welfare of FACTS: In October 1982, Adelberto Bundoc, a minor,
the minor shot and killed Jennifer Tamargo with an air rifle.
- Authority is but an ancillary to the proper discharge of Jennifer's natural parents filed civil complaints for
parental duties to provide them with adequate support, damages with the RTC against Bundoc's natural parents.
education, moral intellectual and civil training and In December 1981, spouses Rapisura filed a petition to
development adopt Adelberto. The petition was granted in November
1982. Adelberto's parents, in their Answer, claimed that
Over whom exercised the spouses Rapisura were indispensable parties to the
- Unemancipated minors action since parental authority had shifted to them from
 Emancipation takes place by the attainment of the moment the petition for adoption was decreed.
majority which commences at the age of 18 Spouses Tamargo contended that since Adelberto was
- With exceptions such as the required parental consent if then actually living with his natural parents, parental
a person below 21 years of age wants to get married authority had not ceased by mere filing and granting of
the petition for adoption. Trial court dismissed the
Consequences of parental authority spouses Tamargo's petition.
- RIGHTS
 Custody ISSUE: W/N the spouses Rapisura are the indispensable
 Be obeyed and respected parties to actions committed by Adelberto.
 Impose discipline as may be required under the
circumstances HELD: No. In Article 221 of the Family Code states that:
 Withhold or give consent in certain matters "Parents and other persons exercising parental authority
 Exercise legal guardianship over the property of shall be civilly liable for the injuries and damages caused
unemancipated common children by the acts or omissions of their unemancipated children
 Usufruct over child’s property (limited) living in their company and under their parental authority
- DUTIES subject to the appropriate defences provided by law." In
 Support, educate and instruct them by right precept the case at bar, parental authority over Adelberto was still
and good example, and provide for their upbringing lodged with the natural parents at the time the shooting
in keeping with their means incident happened. It follows that the natural parents are
 Give them love and affection, advice and counsel, the indispensable parties to the suit for damages.
companionship and understanding
 Provide moral and spiritual guidance, inculcate in SC held that parental authority had not been retroactively
them honesty, integrity, self-discipline, self-reliance, transferred to and vested in the adopting parents, at the
industry and thrift, stimulate their interest in civic time the shooting happened. It do not consider that
affairs, and inspire in them compliance with the retroactive effect may be given to the decree of the
duties of citizenship adoption so as to impose a liability upon the adopting
 Furnish good and wholesome educational materials, parents accruing at the time when adopting parents had
supervise activities, recreation and association with no actual custody over the adopted child. Retroactive
others, protect from bad company, and prevent affect may be essential if it permit the accrual of some
from acquiring habit detrimental to their health, benefit or advantage in favor of the adopted child.
studies and morals
 Represent in all matters affecting their interests
 Perform such other duties as are imposed by law  Surrender to a children’s home or an orphan
upon parents or guardians institution
 Voluntary commitment of a child to DSWD
ARTICLE 210.  No child shall be committed unless he is
Parental authority and responsibility may not be renounced surrendered in writing by his
or transferred except in the cases authorized by law. (313a) parents/guardian

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  In case of death or legal incapacity of the trial court granted the petition. CA affirmed in the full
either parent or abandonment of the child decision of the trial court.
for a period of at least 1 year, the other
parent alone shall have the authority to ISSUE: W/N Teresita should be given custody of the child
make the commitment
 When any child is committed accordingly HELD: No. The right of parents to the custody of their
and such child has been accepted, the minor children is one of the natural rights incidental to
rights of his natural parents shall cease parenthood, a right supported by law and sound public
 Agency or individual shall be entitled to policy. The right is an inherent one, which is not created
custody and control by the state or decisions of the courts, but derives from
 Involuntary commitment of a child to DSWD the nature of the parental relationship.
 The DSWD Secretary or his authorized
representative or any duly licensed child Thus, when Maria entrusted the custody of Angelica to
placement agency, having knowledge of a Teresita, what she gave to the latter was merely
child who appears to be dependent, temporary custody and it did not constitute abandonment
abandoned or neglected, may file a or renunciation of parental authority. The law allows a
verified petition for involuntary waiver of parental authority only in cases of adoption,
commitment guardianship and surrender to a children's home or an
 If, after hearing, the child is found to be orphan institution.
such, an order shall be entered committing
him to the care and custody
 Pursuant to the order, the parents or ARTICLE 211.
guardian shall exercise no authority over The father and the mother shall jointly exercise parental
him except upon conditions as the court authority over the persons of their common children. In case
may impose of disagreement, the father’s decision shall prevail, unless
 Cases contemplated by Articles 223 and 224 there is a judicial order to the contrary.
 If there is a need to impose disciplinary
measures upon the child, the parents or, in Children shall always observe respect and reverence towards
their absence or incapacity, the individual, their parents and are obliged to obey them as long as the
entity or institution exercising parental children are under parental authority. (17a, PD 603)
authority, may petition the proper court of the
place where the child resides, for an order ARTICLE 212.
providing for such measures In case of absence or death of either parent, the parent
 If in the same proceeding the court finds the present shall continue exercising parental authority. The
petitioner at fault, irrespective of the merits of remarriage of the surviving parent shall not affect the
the petition, or when the circumstances so parental authority over the children, unless the court
warrant, the court may also order the appoints another person to be the guardian of the person or
deprivation or suspension of parental authority property of the children (17a, PD 603)
or adopt such other measures as it may deem
just and proper Joint exercise of parental authority
 Commitment of the child for not more than - GR: Joint parental authority
30 days in entities engaged in child care or - XPNs: Authority is primarily lodged to the father
children’s homes duly accredited  When parental consent is required for purposes of
i. Parent shall not interfere with the care marriage (Art 14, FC)
of the child but shall provide support  If a party to a marriage settlement is between the
ii. May be terminated by the court ages of 18 and below 21, in which case parental
whenever just and proper consent is required, the person designated in Article
- Even if a definite renunciation is manifest, the law still 14 to give consent to the marriage is required to be
disallows the same a party to the contract; otherwise, the contract is
- Mere entrustment of custody does not constitute not valid
renunciation - Applies only when the child is legitimate

CASE NOTE Parental authority over illegitimate children

Sagala-Eslao vs. Court of Appeals, 266 SCRA 317 (1997) - Parental authority only of the mother
- It is the consent and participation of the mother which is
FACTS: When Maria Paz's husband Reynaldo Eslao died, required under Art 14 and 78 of FC
she entrusted custody of her youngest child Angelica to
her grieving mother-in-law. She then returned to her a. Rule applies even if father admits paternity
mother's house with Leslie. Years later, Maria Paz got - Rule in Art 176 of FC that illegitimate children are under
married to a Japanese-American and live with him in the the parental authority of the mother applies whether or
US. After this she returned to the Philippines to be not the father admits paternity
reunited with her children and bring them to the US. She
then informed Teresita about her desire to take custody CASE NOTES
of Angelica her new husband's willingness to adopt her David vs. Court of Appeals, 250 SCRA 82 (1995)
children. Teresita refused, and accused Maria of having
abandoned Angelica when she was 10 days old. Maria FACTS: Daissie David had an illicit affair with her married
instituted an action against Teresita over the return of the boss, Ramon, which resulted to a son named Christopher
custody of Angelica to her. After the trial on the merits, J and followed by two more girls. The relationship
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 eventually became known to the legal wife of Ramon and children. A rift surfaced and the two eventually separated.
since then the children freely came to their house as they They agreed that Carlitos would have the children in his
were already accepted by the family. Ramon asked company on weekends.
Daissie to allow Christopher J., then 6yrs old, to go with
his family to Boracay. Daissie agreed, but after the trip, Claiming that Suzanne broke the agreement, Carlitos filed
Ramon refused to give him back. a petition for custodial rights over the children before the
RTC. Suzanne opposed, alleging that Carlitos often
ISSUE: W/N Ramon should have custody of the minor, engaged in "gambling and womanizing" which she feared
Christopher J. could affect the moral and social values of the children.

HELD: No. Rule 102 Sec 1 makes no distinction between The RTC ruled in favor of Carlitos giving him visitorial
the case of a mother who is separated from her husband rights to his children during Saturdays and/or Sundays.
and is entitled to the custody of her child and that of an The court however explicitly stated that in no case should
illegitimate child who, by law, is vested with sole parental Carlitos take the children out without the written consent
authority, but is deprived of her rightful custody of her of Suzanne.
child.
Suzanne appealed. In the meantime, she got married to a
The fact that private respondent has recognized the minor Dutch national and eventually immigrated to Holland with
child may be a ground for ordering him to give support to her children. The CA reversed the ruling of the RTC and
the latter, but not for giving him custody of the child. denied the Carlitos any visitorial rights. Carlitos appealed.
Under Art. 213 of the Family Code, “no child under seven
years of age shall be separated from the mother unless ISSUE: Should Carlitos be denied visitorial rights.
the court finds compelling reasons to order otherwise.”
HELD: No. The visitation right referred to is the right of
CASE NOTE access of a noncustodial parent to his or her child or
Briones vs. Miguel 440 SCRA 455 (2004) children.

FACTS: Briones filed a petition to obtain custody of his There is, despite a dearth of specific legal provisions,
minor child, Kevin Pineda. He alleged that Kevin is an enough recognition on the inherent and natural right of
illegitimate son he had with Loreta Miguel who is now parents over their children. Article 150 of the Family Code
married to a Japanese national and is presently residing expresses that "(f)amily relations include those x x x (2)
there. He caused the minor to be brought to the (b)etween parents and children; x x x." Article 209, in
Philippines so that he could take care of him and send relation to Article 220, of the Code states that it is the
him to school. Sometime in 2001, two relatives of the natural right and duty of parents and those exercising
mother requested that they be allowed to bring the child parental authority to, among other things, keep children
to a mall. Petitioner agreed but the relatives did not bring in their company and to give them love and affection,
back the child as promised. advice and counsel, companionship and understanding.
The Constitution itself speaks in terms of the "natural and
ISSUE: W/N Briones should have custody of the minor primary rights of parents in the rearing of the youth.
child. There is nothing conclusive to indicate that these
provisions are meant to solely address themselves to
HELD: No, Miguel shall have custody over the child until legitimate relationships. Indeed, although in varying
he reaches 10. Petitioner shall have visitorial rights at degrees, the laws on support and successional rights, by
least once a week, and may take the child out upon the way of examples, clearly go beyond the legitimate
written consent of the mother. members of the family and so explicitly encompass
illegitimate relationships as well. Then, too, and most
Under Art 176 of FC, all illegitimate children are placed importantly, in the declaration of nullity of marriages, a
under one category without distinction between natural situation that presupposes a void or inexistent marriage,
and spurious. The concept of “natural child” is important Article 49 of the Family Code provides for appropriate
only for purposes of legitimation. Without subsequent visitation rights to parents who are not given custody of
marriage, a natural child remains illegitimate. their children.

There is thus no question that Respondent Loreta, being The allegations of respondent against the character of
the mother of and having sole parental authority over the petitioner, even assuming as true, cannot be taken as
minor, is entitled to have custody of him. She has the sufficient basis to render petitioner an unfit father. The
right to keep him in her company. She cannot be deprived fears expressed by respondent to the effect that petitioner
of that right, and she may not even renounce or transfer shall be able to corrupt and degrade their children once
it “except in the cases authorized by law.” allowed to even temporarily associate with petitioner is
but the product of respondent's unfounded imagination,
b. Visitation rights for no man, bereft of all moral persuasions and goodness,
- Right of access of a noncustodial parent to his or her would ever take the trouble and expense in instituting a
child or children legal action for the purpose of seeing his illegitimate
children. It can just be imagined the deep sorrows of a
CASE NOTES father who is deprived of his children of tender ages.
Silva vs. Court of Appeals, 275 SCRA 340 (1997)
It seems unlikely that petitioner would have ulterior
FACTS: Carlitos Silva and Suzanne Gonzales cohabited motives or undue designs more than a parents natural
without the benefit of marriage and they had two desire to be able to call on, even if it were only on brief
10 | P a g e
 visits, his own children. The trial court, in any case, has - RATIONALE: Avoid many a tragedy where a mother has
seen it fit to understandably provide this precautionary seen her baby torn away from her and the basic need of
measure, i.e., "in no case (can petitioner) take out the a child for his mother’s loving care
children without the written consent of the mother."  Presumably cannot be given by the father in equal
ARTICLE 213. measure
In case of separation of the parents, parental authority shall - XPN: “Compelling reason”
be exercised by the parent designated by the Court. The  GR does not intend to denigrate the important role
Court shall take into account all relevant considerations, of the father in the upbringing of a child
especially the choice of the child over 7 years of age, unless  The role of both parents complements each other
the parent chosen is unfit. (n)  Grounds:
 Neglect, abandonment
No child under 7 years of age shall be separated from the  Unemployment and immorality
mother unless the court finds compelling reasons to order  Habitual drunkenness
otherwise.  Drug addiction, maltreatment of the child,
insanity and being sick with a communicable
Exercise of parental authority in case of separation disease
- Parent designated by court  Lesbianism is not a compelling reason to deprive a
mother of custody
Rule in legal separation  XPN: When the mother carried on her
- The custody of the minor children shall be awarded to purported relationship with a person of the
the innocent spouse, subject to the provisions of Art same sex in the presence of the child and
213, FC (Art 63, FC) under circumstances not conducive to the
 Although the article appears to be limited to child’s proper moral development
custody, what is really contemplated is the exercise  Sexual preference and moral laxity ALONE do not
of parental authority prove parental neglect or incompetence
 The parent who is in custody, is also in a better  Prostitution and unfaithfulness would also not
position to implement the sum of parental rights render a mother unfit to have custody
and duties associated with parental authority  It must be proven that the moral lapses of a mother
 Custody embraces sum of parental rights have had adverse effect on the welfare of the child
- What is conferred to the innocent spouse is the or have distracted the offending spouse from
“exercise” of parental authority only exercising proper parental care
- The award custody to the innocent spouse does not
deprive the guilty spouse of parental authority CASE NOTES
- For purposes of placing the child for adoption, the Unson III vs. Navarro
written consent of the guilty spouse is still necessary - A mother who was openly living with her
- In the event of the death of the innocent spouse, the brother-in-law (the child’s uncle) was deemed
substitute parental authority of the persons designated unfit.
in Art 216, FC will not yet come into play since the - It is in the 9yr old child’s best interest to be
parental authority of the surviving guilty spouse is still in freed from an unwholesome, immoral influence
existence that the mother had placed herself into
 Surviving grandparent - The situation might affect the child’s moral and
 Oldest brother or sister, over 21, unless unfit or social outlook
disqualified
 Actual custodian, over 21, unless unfit or Espiritu vs. Court of Appeals
disqualified - The Court held that the “illicit or immoral
activities of the mother had already caused the
“Subject to the provisions of Art 213” child emotional disturbances, personality
- “no child under 7 years of age shall be separated from conflicts, and exposure to conflicting moral
the mother unless the court finds compelling reasons to values.”
order otherwise”
- In view of legal separation, the fact that the mother is
the guilty spouse does not necessarily make her an unfit Children over seven years of age
parent. As much as possible, the child shall not be - Child is allowed to state his preference, but the court is
separated from her. not bound by said choice
- What determines the fitness of any parent is the ability  When the chosen parent is deemed unfit
to see to the physical, educational, social and moral  Preference is not controlling, decisive or
welfare of the children, and the ability to give them a determinative
healthy environment as well as physical and financial
support taking into consideration the respective CASE NOTE
resources and social and moral situations of the parents Perkins vs. Perkins
(Bondagjy vs. Bondagjy) - Custody was awarded to the father even though
the child chose to be with his mother since based
Tender-age presumption on evidence it appeared that the mother had
- GR: The mother is to be preferred in awarding custody placed the child in such atmosphere that could
of children under 7 damage his upbringing
- The use of the word “shall” in the article connotes a
mandatory character
Paramount consideration: Welfare of the child
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- Regardless of age, the paramount criterion must always CHAPTER 2 – SUBSTITUTE AND SPECIAL
be the child’s interests or the welfare and well-being of PARENTAL AUTHORITY
the child
- To determine custody, court must take into account the
ARTICLE 216.
respective resources and social and moral situations of
In default of parents or a judicially appointed guardian, the
the contending parents
following persons shall exercise substitute parental authority
- If the child is under 7, the law presumes that the
over the child in the order indicated:
mother is the best custodian
 While presumption is strong, it is not conclusive
1) The surviving grandparent, as provided in Article
- If the child is over 7, his choice is only paramount, not
214;
absolute
2) The oldest brother or sister, over 21 years of age,
unless unfit or disqualified; and
Rule in separation de facto
3) The child’s actual custodian, over 21 years of age,
- Also covered by the Art 213 since the provision did not
unless unfit or disqualified
qualify the word “separation” to mean “legal separation”
Whenever the appointment of a judicial guardian over the
ARTICLE 214.
property of the child becomes necessary, the same order of
In case of death, absence or unsuitability of the parents,
preference shall be observed. (349a, 351a, 354a)
substitute parental authority shall be exercised by the
surviving grandparent. In case several survive, the one
Parental preference rule
designated by the court, taking into account the same
- The father or mother, if suitable, is entitled to the
consideration mentioned in the preceding article, shall
custody of the child against all persons, even against the
exercise the authority. (355a)
grandparents
- May not be invoked by the father of an illegitimate child
ARTICLE 215.
in case of death absence or unsuitability of the mother
No descendant shall be compelled, in a criminal case, to
since the child is not in his parental authority to begin
testify against his parents and grandparents, except when
with
such testimony is indispensable in a crime against the
 Neither the paternal grandparents be entitled to
descendant or by one parent against the other. (315a)
exercise parental authority
Compared with Sec. 25, Rule 130
CASE NOTE
- Art 215 of the Code is complemented by Section 25,
Santos, Sr. vs. Court of Appeals, 242 SCRA 407 (1995)
Rule 130 of the Rules of Court
 Sec 25. Parental and filial privilege. – No person
FACTS: Santos, Sr. and Julia Bedia were married and
may be compelled to testify against his parents,
they begotten a child named Santos, Jr. From the time
other direct ascendants, children or other direct
the boy was released from the hospital, he had been in
descendants
the care and custody of his maternal grandparents since
the spouses agreed to place the boy in their temporary
Art 215, FC Sec 25, RoC
custody. When Julia left for work abroad, nothing has
Applicabilit Criminal Both civil and been heard from her by Santos, Sr. even after his efforts
y proceedings only criminal cases to locate her.
Who may Only by Either by
invoke descendants descendants or ISSUE: W/N the grandparents should have custody of the
privilege ascendants child.
To whom it Against the parents Parents, other direct
may be and grandparents ascendants, children HELD: The father being the natural guardian of the child,
invoked or other direct has the right to custody over the child. Only in case of
descendants absence, death or unsustainability of both parents may
As to XPN Descendants can be None. Rule is substitute parental authority of grandparents be
compelled to testify absolute exercised. The father and mother, being the natural
when their guardians of unemancipated children, are duty-bound and
testimony is entitled to keep them in their custody and company. The
indispensable in a child’s welfare is always the paramount consideration in
crime against the all questions concerning his care and custody.
descendants or by
one parent against The Court found (the fact that the grandparents are
the other financially well-off and that petitioner never gave any
previous financial support) insufficient to defeat
Purpose and application petitioner’s parental authority and the concomitant right
- PURPOSE: Preserve family cohesion to have custody over the minor Leouel Santos, Jr.,
- Privilege can be waived by the descendant and he may particularly since he has not been shown to be an
choose to testify unsuitable and unfit parent. Private respondents’
- If the crime is committed by a parent or grandparent demonstrated love and affection for the boy,
against the descendant or against the other parent and notwithstanding, the legitimate father is still preferred
the testimony of the descendant is indispensable, he can over the grandparents. The latter’s wealth is not a
be compelled to testify deciding factor, particularly because there is no proof that
at the present time, petitioner is in no position to support

12 | P a g e
 the boy. The fact that he was unable to provide financial - Physical neglect:
support for his minor son from birth up to over three  Malnourished, ill clad and without proper shelter
years when he took the boy from his in-laws without  Unattended when left by himself without provisions
permission, should not be sufficient reason to strip him of for his needs and/or without proper supervision
his permanent right to the child’s custody. While - Emotional neglect:
petitioner’s previous inattention is inexcusable and merits  Maltreated, raped or seduced
only the severest criticism, it cannot be construed as  Exploited, overworked or made to work under
abandonment. His appeal of the unfavorable decision conditions not conducive to good health
against him and his efforts to keep his only child in his  Made to beg in the streets or public places
custody may be regarded as serious efforts to rectify his  In moral danger, or exposed to gambling,
past misdeeds. To award him custody would help enhance prostitution and other vices
the bond between parent and son. It would also give the
father a chance to prove his love for his son and for the ARTICLE 218.
son to experience the warmth and support which a father The school the administrators and teachers, or the individual,
can give. entity or institution engaged in child care shall have special
parental authority and responsibility over the minor child
His being a soldier is likewise no bar to allowing him while under their supervision, instruction or custody.
custody over the boy. So many men in uniform who are
assigned to different parts of the country in the service of Authority and responsibility shall apply to all authorized
the nation, are still the natural guardians of their children. activities whether inside or outside the premises of the
It is not just to deprive our soldiers of authority, care and school, entity or institution. (349a)
custody over their children merely because of the normal
consequences of their duties and assignments, such as Concept of special parental authority
temporary separation from their families. - Granted to certain persons, entities or institutions in
view of their special relation to children under their
Petitioner’s employment of trickery in spiriting away his supervision, instruction or custody
boy from his in-laws, though unjustifiable, is likewise not - Limited and present only while the child is under their
a ground to wrest custody from him. supervision, instruction or custody
- Usually confined in certain premises but may be
Private respondents’ attachment to the young boy whom extended by law to all authorized activities even outside
they have reared for the past three years is such premises
understandable. Still and all, the law considers the natural - Can co-exist with the parents’ parental authority
love of a parent to outweigh that of the grandparents,
such that only when the parent present is shown to be ARTCILE 219.
unfit or unsuitable may the grandparents exercise Those given the authority and responsibility under the
substitute parental authority, a fact which has not been preceding article shall be principally and solidarily liable for
proven here. damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the
persons exercising substitute parental authority over said
Concept of substitute parental authority minor shall be subsidiarily liable.
- Applicable only in case of death, absence or unsuitability
of BOTH parents The respective liabilities of those referred to in the preceding
- Mutually exclusive with parents’ parental authority paragraph shall not apply if it is proved that they exercised
the proper diligence required under the particular
ARTICLE 217. circumstances
In case of foundlings, abandoned, neglected or abused
children and other children similarly situated, parental All other cases not covered by this and the preceding articles
authority shall be entrusted in summary judicial proceedings shall be governed by the provisions of the Civil Code on
to heads of children’s homes, orphanages and similar quasi-delict. (n)
institutions duly accredited by the proper government
agency. (314a) Primary liability of persons exercising special parental
authority
Foundling - Only in the case of insolvency of those persons primarily
- Deserted or abandoned infant or child whose parents, bound that the parents, judicial guardians or the
guardian or relatives are unknown persons exercising substitute parental authority may be
- Child committed to an orphanage or charitable or similar held liable
institution with unknown facts of birth and parentage - Primary and subsidiary liabilities shall not apply if it is
and registered in the Civil Register as a “foundling” proved that they exercised the proper diligence required

Abandoned CASE NOTE

- No proper parental care or guardianship or whose
parent(s) has deserted him/her for a period of at least 6 St. Mary’s Academy vs. Carpitanos, 376 SCRA 473 (2002)
continuous months and has been judicially declared as
such FACTS: Petitioner conducted an enrollment drive for the
school year 1995-1996 They visited schools from where
Neglected prospective enrollees were studying. Sherwin Carpitanos
- Basic needs have been deliberately unattended or joined the campaign. Along with the other high school
inadequately attended students, they rode a Mitsubishi jeep owned by Vivencio
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 Villanueva on their way to Larayan Elementary School. - Parental rights is merely ancillary to the performance of
Such jeep was driven by James Daniel II, a 15-year-old parental duties; obligational aspect is now supreme
student of the same school. It was alleged that he drove - Rights:
the jeep in a reckless manner which resulted for it to  Custody, including day to day care and
turned turtle. Sherwin died due to this accident companionship
 To discipline, including right to inculcate in child
ISSUE: W/N petitioner should be held liable for the parent’s moral and ethical standards
damages  To control and manage minor child’s earnings
 To control and manage minor child’s property
HELD: No. for them to be held liable, the act or omission  To be supported by adult child
to be considered negligent must be the proximate cause  To have child bear parent’s name
of the injury caused thus, negligence needs to have a  To prevent adoption of child without parents’
causal connection to the accident. It must be direct and consent
natural sequence of events, unbroken by any efficient
intervening causes. The parents of the victim failed to Right to child’s custody
show such negligence on the part of the petitioner. The - Inherent, not created by the state or decisions of the
spouses Villanueva admitted that the immediate cause of courts, but derives from the nature of the parental
the accident was not the reckless driving of James but the relationship
detachment of the steering wheel guide of the jeep. - Springs from the exercise of parental authority
Futhermore, there was no evidence that petitioner - For legitimate children, the father and mother, being the
allowed the minor to drive the jeep of Villanueva. The natural guardians of unemancipated children, are duty-
mechanical defect was an event over which the school bound and entitled to keep them in their custody and
has no control hence they may not be held liable for the company
death resulting from such accident. - For illegitimate, the mother has sole parental authority
and thus entitled to the custody of the child while the
father is granted with visitorial rights
CHAPTER 3 – EFFECTS OF PARENTAL - Parental authority cannot be entrusted to a person
simply because e could give a larger measure of
AUTHORITY UPON THE PERSONS OF THE
material comfort
CHILDREN - “in all controversies regarding the custody of minors, the
sole and foremost consideration is the physical,
ARTICLE 220. education, social and moral welfare of the child
The parents and those exercising parental authority shall concerned, taking into account the respective resources
have with respect to their unemancipated children or wards and social and moral situations of the contending
the following rights and duties: parents.”
1) To keep them in their company, to support, educate
and instruct them by right percept and good Duty to provide support
example, and to provide for their upbringing in - Parental authority is not the basis of obligation
keeping with their means;  An illegitimate father is still obliged to support his
2) To give them love and affection, advice and illegitimate child despite absence of parental
counsel, companionship and understanding; authority
3) To provide them with moral and spiritual guidance, - Not co-terminus with the exercise of parental authority
inculcate in them honesty, integrity, self-discipline,  Authority is permanently terminated upon
self-reliance, industry and thrift, stimulate their emancipation, but support not necessarily ceases
interest in civic affairs, and inspire in them
compliance with the duties of citizenship; Duty of representation
4) To enhance, protect, preserve and maintain their - Applicable in all matters affecting the child’s interest
physical and mental health at all times; - Extends to court litigations
5) To furnish them with good and wholesome  Parents are the legal representatives of their minor
educational materials, supervise their activities, child in court proceedings
recreation and association with others, protect them  It is only in case of absence of the parents or
from bad company, and prevent them from guardians that the court may appoint a guardian ad
acquiring bad habits detrimental to their health, litem to represent the minor in court litigations
studies and morals;  XPN: when there are no other person who can
6) To respect them in all matters affecting their protect the rights and interest of the minor
interest; children
7) To demand from them respect and obedience; - Guardian ad litem: officer of the court appointed to
8) To impose discipline on them as may be required appear for an infant, and to manage and take care of
under the circumstances; and suit for such infant when he is a plaintiff, and to appear,
9) To perform such other duties as are imposed by law manage and take care of the defense for the infant
upon parents and guardians. (316a) when he is defendant

Parental rights Right to give or withhold consent

- Sum total of the rights of the parents to the child, as - To give proper advice and counsel
well as the rights of the child in and to the parent or  May extend even beyond the age of majority or
parents even upon termination of parental authority
- Rights and duties or obligations arising from the relation
of parent and child are reciprocal Other duties imposed by law
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- Children below 15 shall not be employed  In cases of subdivisions xxx 2, and 3 of Article 12,
 XPN: the civil liability for acts committed by xxx a person
 When a child works directly under the sole under nine years of age, or by one over 9 but under
responsibility of the parents or legal guardian 15 years of age, who has acted without
and where only members of the family are discernment, shall devolve upon those having such
employed person under their legal authority or control, unless
 Duty of the parent to ensure that the it appears that there was no fault or negligence on
employment neither endangers his/her life, their part
safety, health and morals, nor impairs  Does not cover minors over 9 but under 15 who
his/her normal development and that acted with discernment and those over 15 which
he/she shall be provided by his/her parent are covered by Art 2180, CC
or legal guardian with the prescribed
primary and/or secondary education Summary
 Participation in public entertainment or
information (i.e., cinema, theater, radio, ART 221, FC ART 2180, CC ART 101, RPC
television, other forms of media) when Quasi-delict Quasi-delict Criminal offenses
employment contract is Minor must be Extends beyond
 Concluded by the parent or legal guardian living in their parental
 With the express agreement of the child parents company authority so long
 If possible, the approval of DOLE and under their as the child is still
parental below 21
ARTICLE 221. authority
Parents and other persons exercising parental authority shall For children Children who are 9 or under, or
be civilly liable for the injuries and damages caused by the below 18 18 but below 21 over 9 but under
acts or omissions of their unemancipated children living in 15 who acted
their company and under their parental authority subject to 9 but under 15 w/o discernment
the appropriate defenses provided by law. (2180[2]a and [4] who acted with
[a]) discernment and
15 or over but
Liability of parents for quasi-delicts under Art 221, FC under 21
- Civilly liable subject to the following conditions: Liability placed Liability placed
 Living in their company upon the parents upon the father
 Under their parental authority without and, in case of
 Parents failed to exercise all the diligence of a good qualification death or
father of a family to prevent damage incapacity, the
- Imputed negligence: A person is not only liable for torts mother
committed by himself, but also for torts committed by
others with whom he has a certain relationship and for Nature of parent’s liability
whom he is responsible - Primary, not subsidiary
- Natural and logical consequence of parental authority - XPN: If, at the time of the commission of the quasi-
- RATIONALE: When an unemancipated child living with delict, the minor children are under the special parental
its parents commits a tortious acts, the parents were authority of the persons or entities designated
negligent in the performance of their legal and natural
duty to closely supervise the child who is in their ARTICLE 222.
custody and control The courts may appoint a guardian of the child’s property or
- Parental dereliction is only presumed and may be a guardian ad litem when the best interests of the child so
overturned by proof that the parents had exercised all requires. (317)
the diligence required to prevent damages
- Since parental liability is anchored upon parental ARTICLE 223.
authority coupled with presumed parental dereliction in The parents or, in their absence or incapacity, the individual,
the discharge of the duties accompanying such entity or institution exercising parental authority, may
authority, no parental liability can be imposed upon the petition the proper court of the place where the child
father of an illegitimate child, especially if the child is resides, for an order providing for disciplinary measures over
not living in his company the child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the court, and a
Liability of parents for quasi-delicts under Art 2180, CC summary hearing shall be conducted wherein the petitioner
- Imposes civil liability upon the father and, in case of his and the child shall be heard.
death or incapacity, the mother, for any quasi-delict
committed by their minor child who lives with them However, if in the same proceeding the court finds the
- Responsibility ceases when proven that the parents petitioner at fault, irrespective of the merits of the petition,
observed all the diligence of a good father of a family to or when the circumstances so warrant, the court may also
prevent damages order the deprivation or suspension of parental authority or
- The term “minor” in the provision refers to a person adopt such other measures as it may deem just and proper.
below the age of 21 (not 18) (318a)

Liability of parents for crimes committed by their minor Disciplinary action

children - Parents have the right to demand respect and
- Civilly liable under Article 101, RPC: obedience from their unemancipated children
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- Civil Code expressly authorizes “moderate punishments”
 Together with Art 231, FC, parental authority may The right of the parents over the fruits and income of the
be suspended if the parent treats the child with child’s property shall be limited primarily to the child’s
excessive harshness or cruelty support and secondarily to the collective daily needs of the
 Parents may also be held criminally liable for family. (321a, 323a)
violation of RA 7160 (Special Protection of Children
Against Abuse, Exploitation and Discrimination Act) ARTICLE 227.
If the parents entrust the management or administration of
ARTICLE 224. any of their properties to an unemancipated child, the net
The measures referred to in the preceding article may proceeds of such property shall belong to the owner. The
include the commitment of the child for not more than thirty child shall be given a reasonable monthly allowance in an
days in entities or institutions engaged in child care or in amount not less than that which the owner would have paid
children’s homes duly accredited by the proper government if the administrator were a stranger, unless the owner grants
agency. the entire proceeds to the child. In any case, the proceeds
thus given in whole or in part shall not be charged to the
The parent exercising parental authority shall not interfere child’s legitime. (322a)
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. (391a)

CHAPTER 4 – EFFECT OF PARENTAL AUTHORITY

UPON THE PROPERTY OF THE CHILDREN

ARTICLE 225.
The father and the mother shall jointly exercise legal
guardianship over the property of their unemancipated
common child without the necessity of a court appointment.
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.

A verified petition for approval of the bond shall be filed in

the proper court of the place where the child resides, or, if
the child resides in a foreign country, in the proper court of
the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special

proceeding in which all incidents and issues regarding the
performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely

suppletory except when the child is under substitute parental
authority, or the guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on guardianship
shall apply. (320a)

Legal guardianship of minor’s property

- LEGAL GUARDIAN: Parents
- Court may appoint a guardian of the child’s property
other than the parents when the best interests of the
child so requires

ARTICLE 226.
The property of the unemancipated child earned or acquired
with his work or industry or by onerous or gratuitous title
shall belong to the child in ownership and shall be devoted
exclusively to the latter’s support and education, unless the
title or transfer provides otherwise.

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