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PARENTAL AUTHORITY (4) the right to withhold or give consent in certain

matters;
CHAPTER 1- GENERAL PROVISIONS
(5) the right to exercise legal guardianship over the
ARTICLES 209-210
property of unemancipated common children;
ART. 209
(6) limited right of usufruct over the childs
Parental authority (patria potestas) property.

- Defined as the mass of rights and Duties of parents with respect to their
obligations which parents have in relation to unemancipated children:
the person and property of their children
(1) To support, educate and instruct them by right
until their majority age or emancipation, and
precept and good example, and to provide for their
even after this under certain circumstances.
upbringing in keeping with their means;
- It is the juridical institution whereby parents
rightfully assume control and protection of (2) To give them love and affection, advice and
their unemancipated children to the extent counsel, companionship and understanding;
required by the latters needs.
- (ate jor) caring for and rearing of such (3) To provide them with moral and spiritual
children for civic consciousness and guidance, inculcate in them honesty, integrity, self-
efficiency and the development of moral, discipline, self-reliance, industry and thrift,
mental and physical character and well- stimulate their interest in civic affairs, and inspire in
being. them compliance with the duties of citizenship;

GR: Parental authority is exercised over (4) To furnish them with good and wholesome
unemancipated children. educational materials, supervise their activities,
recreation and association with others, protect them
XPN: There are some circumstances where from bad company, and prevent them from
notwithstanding the emancipation of child, parental acquiring habits detrimental to their health, studies
authority must still be exercised. and morals;
Ex. Parental consent is necessary if a person below (5) To represent them in all matters affecting their
21 yrs of age wants to get married. interests;
Age of majority- 18 yrs old (6) To perform such other duties as are imposed by
- At this point, parental authority is deemed law upon parents and guardians.
terminated except in certain situations ART. 210
provided by law.
GR: Parental authority cannot be renounced or
Rights of parents over the person and properties transferred.
of children:
Reason: Parental authority is not just a right, its an
(1) the right to have them in their company obligation.
(custody);
XPN:
(2) the right to be obeyed and respected;
(ate jor)
(3) the right to impose discipline on them as may be
required under the circumstances; - Death
- Incapacity
- Absence

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- Acts prejudicial to minor GR: Parents- joint parental authority over
common minor children.
XPN: Instances where the exercise of parental
authority is primarily lodged in the father:
(Book)
(1) Under article 14 of the Code, when
a. Adoption parental consent is required for purposes of
- upon the issuance of a decree of adoption, marriage, i.e., when either or both the
the PA of the parents by nature over the contracting parties thereto are between the
adopted shall terminate and shall be vested ages of 18 and below 21, such consent may
in the adopters. be given by the father, mother, surviving
- The effects of a decree of adoption shall parent or guardian, or persons having legal
retroact to the day of the filing of the charge of them, in the order mentioned.
original petition.
b. Voluntary commitment of a child to (2) Under article 78 of the Code, if a party
DSWD to a marriage settlement is between the ages
- Parent or guardian of a dependent, of 18 and below 21, in which case parental
abandoned or neglected child voluntarily consent is required, the person designated in
commit him to DSWD through WRITING. Article 14 to give consent to the marriage is
- In case of death or legal incapacity of either required to be a party to the contract;
parent or abandonment of a child for at least otherwise, the contract is not valid.
1 year, the other parent alone shall have the (NOTE: the instances mentioned are applicable only
authority to make the commitment. if the child is legitimate)
- If the child has been committed in
accordance with the foregoing manner and GR: In case of disagreement- the decision of
such child have been accepted by the father shall prevail.
DSWD, PA shall be terminated.
XPN: Unless there is a judicial order to the
c. Involuntary commitment of a child to
contrary. (wife has the right to question in court)
DSWD
- The DWSD Secretary or his authorized Parental authority over Illegitimate children:
representative or any duly licensed child
placement agency may file a verified - Under the PA only of the MOTHER.
petition for involuntary commitment in case - In the instances mentioned above (arts.
a child appears to be dependent, abandoned 14&78), it is the consent and participation of
or neglected. mother which is required.
- The court shall order the childs a. The rule in art. 176 of the Code that
commitment to DSWD or any licensed illegitimate children are under the parental
agency. authority of the mother applies whether or
d. Cases contemplated by Articles 223 and not the father admits paternity. (admitting of
224 paternity- requires the father to give support
- See codal but custody of child will not go to him)
b. The father can be granted visitation rights.
It is defined as the right of a noncustodial
ARTICLES 211-212 parent to his or her child or children.
ART. 211 (Ate Jor)

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- If illegitimate- it must be shown that parents (4) Drug addiction, maltreatment of the
are living together and the child is living child, insanity and being sick with
with them. (para ata to magkaron pa rin ng communicable disease.
joint parental authority)
To deprive the wife of custody, the husband
must clearly establish that her moral lapses
have had an adverse effect on the welfare of
the child or have distracted the offending
ART. 212 (ate Jor) spouse from exercising proper parental care.

In case either of the sps is absent, dead or b. Children over 7 yrs of age
unsuitable- present parent continue Parental
authority - If over 7 yrs of age, a child is allowed to
state his preference BUT the court is not
If surviving sps remarries- no effect on the rights bound by that choice.
and obligations of such parent; he/she shall continue - The court may not honor the childs choice
PA over children if the chosen parent is unfit. In which case,
XPN: court appoints another custody may be given to the other parent, or
even to a 3rd person.
- New spouse- cannot exercise PA because - Childs choice- only one factor to be
theres no relationship. considered. It is not decisive, controlling or
determinative.
ARTICLE 213
In case of separation of parents, parental *Whether the child is under or over 7 yrs of
authority shall be exercised: age, the paramount criterion must be the
childs interest or the welfare and well-being
I. Choice of Spouse (ate Jor)
II. Parent designated by the court of the child.
- Take into consideration: - in all controversies regarding the custody of
minors, the sole and foremost consideration is
1. Choice of the child the physical, education, social and moral
welfare of the child concerned, taking into
a. GR: 7 yrs old below (Tender-age
account the respective resources and social and
presumption)
moral situations of the contending parents
- The mother is preferred in awarding custody 2. In case of Legal Separation
of children under 7 yrs of age.
- Reason: the basic need of a child for his - custody of minor children shall be awarded to
mothers loving care which a father cannot the innocent spouse subject to the provisions of
give in equal measure. article 213.
- Basis: Art. 63(3) in relation to Art. 213, it is
XPN: Compelling Reasons
clear that custody of minor children in case of
- Unfitness to exercise sole parental authority.
- Examples: LegSep is with the innocent spouse.
(1) Neglect, abandonment - Reason: The parent who has in his/ her
(2) Unemployment and immorality custody the minor is in a better position to
(3) Habitual drunkenness
implement the sum of parental rights and duties
associated with parental authority.
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- custody embraces the sum of parental
rights, and it includes the right to the services of
the child, the right to direct the activities, and
the right to make decisions regarding care and
control, education, health, and religion.
- the guilty spouse is not deprived of exercise of
PA over the child in custody of the innocent
spouse.
- The mere fact that the mother is the guilty
spouse in a legal separation case does not
necessarily mean that she is not fit to be a
parent. (this is because of the rules in Art. 213).
3. In case of Separation in Fact (ate jor)
- best interest of the child
- who can better care and rear the child.

ARTICLE 214
In case of death, absence or unsuitability of the
parents- Parental Authority shall be exercised by
surviving grandparent.

ARTICLE 215
GR: Descendant/Minor cannot be compelled to
testify in a criminal case against parents and
grandparents.
XPN:
(1) He volunteers/chooses to testify
(2) Testimony is indispensible (instance when the
crime is committed by a parent/grandparent against
descendant or the other parent)
Purpose of Article 215: To preserve Family
Cohesion

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Under Art. 214, substitute parental authority
may only be exercised by the persons
designated in Art.216 in case of death,
CHAPTER 2: SUBSTITUTE AND SPECIAL absence, or unsuitability of both parents.
PARENTAL AUTHORITY
Thus, it is not possible for substitute parental
ARTICLE 216 authority to co-exist with the parents
PARENTAL PREFERENCE RULE parental authority
WHO MAY EXERCISE SUBSTITUTE
Parents are placed first in rank in matters of
PARENTAL AUTHORITY (must be in order/
parental authority
strict order)
Under the parental preference rule in Art.
1. The surviving grandparent, as provided in
214, the father or mother, if suitable, is Art. 214
entitled to exercise parental authority over
his or her children. 2. The oldest brother or sister, over 21 years of
age, unless unfit or disqualified
As a consequence of which, the father or
mother, if suitable, is entitled to the custody 3. The childs actual custodian, over 21 years
of the child against all persons, even against of age, unless unfit or disqualified
the grandparents. In the case of an illegitimate child, only the
The parental preference rule may not, surviving grandparent on the maternal side shall
however, be invoked by the father of an be entitled to exercise substitute parental
illegitimate child in case of death, absence, authority.
or unsuitability of the mother, since under *ate jor notes: in relation to Art.217
Art. 176, an illegitimate child is not under
the parental authority of the father In case of foundlings, abandoned child,
neglected child, or abused child, Parental
Hence in the event that both the mother and Authority is given to child caring institution,
the father of an illegitimate child die during child placing institution, or orphanage
the latters minority and the child is survived accredited by DSWD
by his grandparents on both the maternal
and paternal sides, ONLY THE ARTICLE 217
GRANDPARENTS ON THE MATERNAL In case of:
SIDE shall be entitled to exercise substitute
parental authority, if suitable. (1) foundlings

CONCEPT OF SUBSTITUTE PARENTAL (2) abandoned child


AUTHORITY (3) neglected child
Substitute parental authority the parental (4) abused child
authority which the persons designate by
law may exercise over the persons and - Parental Authority is given to Child caring
property of unemancipated children in case institution, Child placing institution and orphanage
of death, absence, or unsuitability of both accredited by DSWD. (Ate Jor)
parents. - Parental Authority shall be entrusted in summary
judicial proceedings to heads of Children's homes,

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orphanages and similar institutions duly accredited - Unlike the Substitute Parental Authority, the
by the proper government agency. (Provision) special parental authority under the code co-exist
with the parents' parental authority
Definition of terms:
The following persons or entities shall have
(1) Foundling - refers to a deserted or abandoned
Special Parental Authority:
infant or child whose parents, guardian or relatives
are unknown OR child committed to an orphanage (1) the school
with unknown facts of birth and parentage and
(2) the schools administrators and teachers; or
registered in the Civil Register as a "foundling"
(3) the individual, entity or institution engaged in
(2) Abandoned Child- refers to one who has no
child care.
parental care or guardianship OR whose parents has
deserted him for a period of at least 6 continuous ARTICLE 219
months and has been judicially declared as such.
- If a minor child is under SPA of the persons
(3) Abandoned Child - refers to one whose basic designated under Article 218, any liability or
needs have been deliberayely unattended or responsibility for damages caused by the acts or
inadequately attended. omissions of said child shall be borne primarily by
those persons exercising SPA over the minor child.
Neglect may occur in two ways:
- While parents, judicial guardians or persons
(a) Physical neglect - when the child is
exercising substitute parental authority shall be
malnourished and without proper shelter
subsidiarily liable
(b) Emotional neglect - when children are
- Under the law, the liability of the school, its
maltreated, raped or seduced
administrators and teacher shall be solidary
- The primary and subsidiary liabilityes shall not
ARTICLES 218-219 apply if it is proved that they exercised the proper
diligence required under the particular
ARTICLE 218
circumstances.
Special Parental Authority (SPA)
- Acts which cause injury/damage, there will be
- Parental authority is merely provisional/temporary vicarious liability and school is primarily liable who
at the time is in custody (ate jor)
- As long as he is a minor and as long as he is in
supervisory custody (child is within school premises - School liability is solidary with the officials if it is
or outside activity is school sanctioned) proven that they could have prevented the incident
by exercising due diligence but failed to do so (ate
- granted by law to certain persons, entities or jor)
institutions in view of their special relation to
children under supervision. - Parents are liable only if those primarily liable
cannot pay because parents are only subsidiarily
- it is limited and present only while the child is liable (ate jor)
under their "supervision, instruction or custody"
- If the child himself is injured, Art. 219 won't
- limited to the confines of the premises of the apply. (ate jor)
school, entity or institution exercising the same
except when it is extended by law

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(9) To perform such other duties as are imposed by
law upon parents and guardians.
- The rights and duties or obligations arising from
the relation of parent and child are reciprocal;
(a) the general duty to support, educate, and protect
the child rests on the parents,

CHAPTER 3 (b) and they have in general the right to the custody
and control of the child and to the childs services
EFFECT OF PARENTAL AUTHORITY UPON and earnings, and to obedience by the child.
THE PERSONS OF THE CHILDREN
- Under the modern concept, the concept of parental
rights is merely ancillary to the performance of
ARTICLE 220 parental duties. In other words, the obligational
aspect is now supreme.
The parents and those exercising parental authority
shall have with respect to their unemancipated * Right to Childs Custody
children or wards the following rights and duties: - The right of custody accorded to parents springs
(1) To keep them in their company, to support, from the exercise of parental authority.
educate and instruct them by right precept and good - the father and mother, being the natural guardians
example, and to provide for their upbringing in of unemancipated children, are duty-bound to keep
keeping with their means; them in their custody. This rule applies only if the
(2) To give them love and affection, advice and child is legitimate.
counsel, companionship and understanding; - In case of an illegitimate child, he is under the sole
(3) To provide them with moral and spiritual parental authority of the mother unless the court
guidance, inculcate in them honesty, integrity, self- decides that that mother is unfit to exercise such
discipline, self-reliance, industry and thrift, authority and care. The father is entitled to visitorial
stimulate their interest in civic affairs, and inspire in rights.
them compliance with the duties of citizenship; -the Court laid down the rule that in all
(4) To enhance, protect, preserve and maintain their controversies regarding the custody of minors, the
physical and mental health at all times; sole and foremost consideration is the physical,
education, social and moral welfare of the child
(5) To furnish them with good and wholesome concerned, taking into account the respective
educational materials, supervise their activities, resources and social and moral situations of the
recreation and association with others, protect them contending parents.
from bad company, and prevent them from
acquiring habits detrimental to their health, studies - Discretion is given to the court to decide who can
and morals; best assure the welfare of the child, and award the
custody on the basis of that consideration. (may be
(6) To represent them in all matters affecting their given even to a third person as it deems fit)
interests;
* Duty to Provide Support
(7) To demand from them respect and obedience;
- the obligation of the parents to support their
(8) To impose discipline on them as may be children is not co-terminus with the exercise of
required under the circumstances; and parental authority.
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NOTE: while parental authority is permanently (3) the parents failed to exercise all the diligence of
terminated upon the childs emancipation, the a good father of a family to prevent damage.
parents obligation to support their children is not
- The nature of Parent's liability under this article is
necessarily terminated upon such emancipation as
primary and not subsidiary.
provided in article 194 of FC.
- Parental liability is made a natural or logical
consequence of the duties and responsibilities of
* Duty of Representation parents (their parental authority) which includes the
instructing, controlling and disciplining of the child.
- The parents are duty-bound to represent their
unemancipated children in all matters affecting their Note: basis of parental liability for the torts of a
interests minor child is the relationship existing between the
parents and the minor child living with them and
- Under the rules, the parents are the legal
over whom, the law presumes, the parents exercise
representatives of their minor children in court
supervision and control
proceedings.
- Under the Code, parents are subsidiarily liable
- As a rule, it is only in case of absence of the
only if, at the time of the commission of the quasi-
parents or guardians that the court may appoint a
delict, the minor children are under the special
guardian ad litem to represent the minor in court
parental authority of the persons or entities
litigations.
designated under article 218 of the Code, in which
- However, when the best interests of the child so case, it is the latter who shall be primarily liable.
requires, the court is not prevented from appointing
a guardian ad litem to represent the minor.
ARTICLE 223 & 224
- A GUARDIAN AD LITEM is an officer of the
court appointed to appear for an infant, and to DISCIPLINARY ACTION
manage and take care of suit for such infant when
he is a plaintiff, and to appear, manage and take care In the exercise of parental authority, parents
of the defense for the infant when he is defendant. have the right to demand respect and
(ARTICLE 222) obedience from their unemancipated
children.
* Right to Give or Withhold Consent
Such being the case, the law likewise grants
- such duty may extend, in several instances, even parents the right and duty to impose
beyond the age of majority or even upon the discipline upon their children as may be
termination of parental authority. required under the circumstances.
EXTENT of punishment: moderate
ARTICLE 221 punishments

- Parents are civilly liable for quasi-delicts of their NOTE: in Art. 231, the parental authority of
minor children under the provisions of article 221 of the parents may be suspended, upon proper
the Family Code, subject to the following petition to the court, if the parent or person
conditions: exercising parental authority treats the
child with excessive harshness or cruelty.
(1) the minor is living in the company of his
In addition, they may also be held criminally
parents;
liable under RA 7160 (Special Protection of
(2) the minor is under their parental authority; and
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Children against Abuse, Exploitation and
Discrimination Act)
Aside from personally disciplining the child,
the parents or other persons exercising
parental authority may also petition the court
for the imposition of appropriate
disciplinary measures upon the child.

o It may include commitment of the


child in entities or institutions
engaged in child care duly accredited
by the proper govt agency
o Such commitment must not exceed
30 days
*No notes kay ate jor

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o Amount of bond is left to the
discretion of the court but it must not
be less than 10% of the value of the
property or annual income
OWNERSHIP OF CHILDS PROPERTY
Properties that may be earned or acquired by
a minor with his work or industry or by
onerous or gratuitous title shall belong to the
child in ownership
CHAPTER 4: Things given to the child by the parent by
EFFECT OF PARENTAL AUTHORITY way of support or as necessaries, remain the
UPON THE PROPERTY OF THE property of the parent notwithstanding the
CHILDREN childs possession.

ARTICLE 225, 226, & 227 o Hence, the parent has a right of
action against 3rd person who causes
LEGAL GUARDIAN OF MINORS the loss or destruction of such
PROPERTY property, or deprives the child
thereof
Under the Code, the father and the mother
shall jointly exercise legal guardianship over Clothing purchased by the child with money
the property of the unemancipated common furnished by the parent for general purposes,
child without the necessity of a court without any specific instructions as to the
appointment. appropriation or use thereof, is not the
property of the parent
However, in case of disagreement, the
fathers decision shall prevail, unless there is While the ownership of the property remains
a judicial order to the contrary. with the child, the parents may make use of
them but solely and exclusively for the
Court may still appoint a guardian of the
support and education of the owner of the
childs property other than the parents when
property, unless the title or transfer provides
the best interests of the child so requires.
otherwise.
o When court appointed another
Thus, the basis of the right of the parent to
guardian, the right off the parents to
the properties of their minor children arises
administer terminates
out of the formers duty to support the child,
Although there is no need for a court and the parents right may be lost by neglect
appointment of the parents as legal guardian or refusal to furnish support
of the minor childs property, the law
RIGHT OF USUFRUCT OVER THE
requires the parents to furnish a bond when
CHILDS PROPERTY
market value of the property or the annual
income of the child exceeds 50,000php, for Parents have a limited right of usufruct over
the purpose of guaranteeing the performance the property of their minor children
of the obligations prescribed for general
guardians Under 2nd paragraph of Art. 226, the parents,
as usufructuary, have the right to make use
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of the fruits and income of the childrens
property but only for the ff purposes:
1. Primarily, for the childs support
2. Secondarily, for the collective daily needs of
the family
Parents are not required to give security

This kind of usufruct may not be alienated

*ATE JOR NOTES*


ART.225 EFFECT OF PARENTAL
AUTHORITY ON PROPERTY OF CHILD
- Guardianship over childs
property as well as even
without court order =
AUTOMATIC
o XPN: when marriage is terminated
and the one who wants to assume
guardianship already remarried you
need to apply for guardianship over
property. Guardianship over persons
is automatic
- Can they immediately
assume? IT DEPENDS. Need
to furnish amount of bond
fixed by court but not less
than 10% of value of
property
ARTICLE 226 & 227
Property for the use of minor exclusively

Fruits & Income can be used by the


collective needs of the family
Parent no need to apply to be guardian of
property. Post bond if 50k above
Parent who remarried, substitute parental
authority, stranger apply to court to be
legal guardian
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Emancipation the freeing of the child from
the PA and custody of, and from the
obligation to render services to, the parent.
It takes place by the attainment of majority
age and as a result PA over the person and
property of child is terminated
However, there are some rights and
obligations which are retained by the parents
even after the termination of PA
4. Upon adoption of the child
One of the effects of a decree of adoption is
CHAPTER 5: the termination of the PA of the parents by
nature and the transfer of the same to the
SUSPENSION OR TERMINATION OF adopter
PARENTAL AUTHORITY
Deprivation of PA on the part of the parents
ARTICLE 228 233 by nature is permanent UNLESS the decree
GROUNDS FOR TERMINATION OF of adoption is rescinded upon a petitioner by
PARENTAL AUTHORITY the adoptee (based on grounds under sec.19
of the Domestic Adoption Act).
1. Upon death of the parents
If the child is still a minor upon the
Right attached to parental authority (PA) is rescission of the decree of adoption, the PA
purely personal. As such, upon death of of the parents by nature shall automatically
parents, PA is likewise terminated be restored
If only one of the parents dies, the surviving 5. Upon appointment of a general guardian
parent shall continue to exercise PA and
his/her remarriage shall not affect such PA Guardian a person lawfully invested with
over the childn unless the court will appoint the power and charged with the duty, of
another person to be the guardian. taking care of the person and managing the
property and rights of another person, who,
If both parents should die, substitute PA for defect of age, understanding, or self-
shall be exercised by the persons designated control, is considered incapable of
under Art. 216 administering his own affairs.
2. Upon the death of the child General guardian is one who has the
Since PA is exercised over an general care and control of the person and
unemancipated child, the death of the latter estate of his ward
shall likewise extinguished parental Special guardian is one who has special or
authority limited powers and duties with respect to his
3. Upon emancipation of the child ward (e.g. a guardian ad litem, guardian who
has the custody of the estate but not of the
person, or vice versa)

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Petitions for guardianship of minors Abandonment any conduct of the parent
governed by new Rule on Guardianship of which evinces a settled purpose to forego all
Minors parental duties and relinquish all parental
claims to the child. It means neglect or
A guardian other than the parents may be refusal to perform the natural and legal
appointed by the court over the person or obligations of care and support which
property, or both, of a minor on grounds parents owe their children.
authorized by law upon petition by any
relative or other person o behalf of the minor In order to constitute abandonment, there
or upon petition by the minor himself if 14 must be an intention to do so, express or
years of age or over. The grounds are: implied, which is apparent from the conduct
of the parent respecting the child, and the
1. Death, continued absence, or incapacity of
intent of the parent is the decisive factor or
the minors parents
primary consideration.
2. Suspension, deprivation or termination of
7. Upon final judgment of a competent court
PA
divesting the party concerned of parental
3. Remarriage of the minors surviving parent, authority
if the latter is found unsuitable to exercise
When the best interests of the child so
PA
requires, the PA of the parents may be
4. When the best interests of the minor so terminated by the court. (note that this is
requires also a ground for the appointment of a
guardian)
Upon appointment of a guardian, PA of the
parents is likewise terminated unless Under Art. 231, the court may deprive
subsequently revived by a final judgment the guilty party of PA based on the
6. Upon judicial declaration of grounds mentioned therein if the degree
abandonment of the child in a case filed of seriousness so warrants or the welfare
for the purpose of the child so demands in an action
filed for the purpose or in a related case.
a parent may forfeit PA over a child by The grounds under Art. 231 are:
abandonment or by failure to provide for a
1. Treats the child with excessive harshness
child.
or cruelty
Under the Code, PA is also permanently
2. Gives the child corrupting orders,
terminated upon a judicial declaration of counsel, or example
abandonment of the child in a case filed for
the purpose. 3. Compels the child to beg

Note, however, that the law requires a 4. Subjects the child or allows him to be
judicial declaration of abandonment of the subjected to acts of lasciviousness
child in a case filed for the purpose o short of sexual intercourse with
In other words, the absence of judicial sexual undertone
declaration of abandonment, the PA of the o even if the person exercising PA
parents remains unaffected was not the one who committed
these acts, as long as its result of
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culpable negligence, it may still reason of commutation or pardon, (b)
be suspended depending on the reclusion perpetua, (c) reclusion temporal.
act or degree of seriousness (you
did not personally commit it but Civil interdiction shall deprive the offender
you knowingly allowed it to during the time of his sentence of: (1) the
happen) right to parental authority, (2) guardianship,
either as to the person or property of any
while the paramount consideration in all ward, (3) marital authority, (4) right to
matters affecting minor children is the best manage his property; and (5) right to dispose
interest of the children, this is not, however, such property by any act or any conveyance
to be implemented in derogation of the inter vivos
primary right of the parent/s to exercise
PA is automatically suspended as a
parental authority over him
consequence of ones conviction of a crime
in a number of cases, the Court has held which carries with it the penalty of civil
that parental authority cannot be entrusted interdiction
to a person simply because he could give
the child a larger measure of material It remains suspended while the convict is
comfort than his natural parent serving his sentence and is automatically
reinstated upon service of the penalty or
upon pardon or amnesty of the offender
8. Upon judicial declaration of absence or ATE JOR: automatic suspension of right of
incapacity of the person exercising PA. Reinstated by pardon, amnesty, or
parental authority service.
Upon judicial declaration of absence or
incapacity, PA is automatically
terminated B. Other Grounds for Suspension of
Parental Authority
Without a judicial declaration of
absence, the continued absence of the The court in an action filed for the purpose
parents may likewise result in the or in a related case may also suspend PA if
termination of PA if the minor is placed the parent or the person exercising the same:
under guardianship 1. Treats the child with excessive harshness
or cruelty
Grounds 1- 3 = termination is permanent;
cannot be reinstated 2. Gives the child corrupting orders,
counsel, or example
Grounds 4 8 = parental authority may
subsequently be revived by the court in a 3. Compels the child to beg
final judgment
4. Subjects the child or allowed him to be
GROUNDS FOR SUSPENSION OF subjected to acts of lasciviousness
PARENTAL AUTHORITY (ARTICLE 231)
A. Civil Interdiction (Article 230) If the person exercising parental authority
has subjected the child or allowed him to be
It is an accessory penalty to the ff principal
subjected to sexual abuse, such person shall
penalties (a) death, when not executed by

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be permanently deprived by the court of - Only parents and substitute parental
such authority (ARTICLE 232) authority can exercise corporal punishment
in moderation upon the child
If suspension of PA is based on the
foregoing grounds, such suspension of PA *In ground no.1 (civil interdiction) PA is
must be decreed by the court in an action automatically suspended upon conviction and
filed for the purpose or in a related case. PA is automatically reinstated after service of
sentence, or pardon, or amnesty
However, parental authority may be
reinstated upon order of the court when it *In grounds 2 to 5 (article 231) suspension of
finds that the cause thereof has ceased and PA must be decreed by the court in an action
will not be repeated filed for the purpose or in a related case. In
these other grounds, PA may be reinstated upon
ARTICLE 233 order of the court when it finds that the cause
thereof has ceased and will not be repeated

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