Parental Authority Flashcards
Characteristics of parental authority (5)
- Natural right and duty of parents over the person and property of their unemancipated children (Art. 209)
- It cannot be renounced, transferred, except in cases authorized by law (Art. 210)
- It is jointly exercised by the father and the mother (Art. 211)
- It is purely personal and cannot be exercised through agents;
- It is temporary
Rules on exercise of parental authority (4)
- Father and mother jointly exercise but in case of disagreement, father shall prevail, unless there is judicial order to the contrary (Art. 211)
- If the child is illegitimate, parental authority is with mother (Art. 176)
- In case of absence or death of either parent, the parent present shall continue exercising parental authority (Art. 212)
- In case of separation of parents, parental authority shall be exericsed parent designated by the court taking into consideration the ff:
a. If child is over 7 years of age, choice of the child, unless parent chosen is unfit
b. If below 7 years of age, shall not be separated from the mother, unless the Court finds COMPELLING reasons to order otherwise
Is a joint agreement that the father shall have custody of the child below 7 years of age valid?
No, it is void for being contrary to law
The order of substitute parental authority (3)
- Surviving grandparent
- Oldest brother or sister, over 21 years old, unless unfit or disqualified
- Child’s actual custodian, over 21 years old, unless unfit or disqualified
Art. 216
Foundlings, abandoned children, neglected children, or abused children, and other similarly situtated children, summary judicial proceedings shall be institured so that they may be entrusted to: (3) Art. 217
- Heads of children’s homes
- Orphanages
- Similar institutions duly accredited by the proper gov’t agency
Persons exercising special parental authority (3)
- School
- Administrators
- Individual, entity, or institution engaged in childcare
Rule on special parental authority
Can be exercised only over minors while under their supervision, instruction, or custody. This applies to authorized activities whether inside or outside the school
Liability of those exercising special parental authority
Principally and solidarily liable for damages unless exercised proper diligence
Parents or guardians are subsidiarily liable
Does the person exercising substitute parental authority have the same authority as the parents?
Yes
Can those with special parental authority inflict corporal punishment on the child?
No (Art. 233)
Effect of parental authority upon the property of the child (4)
- Father and mother shall jointly exercise legal guardianship over the property without court appointment
- In case of disagreement, father will prevail
- If MV of property or annual income of child exceeds P50,000. Parent is required to furnish a bond of not less than 10% of the value of child’s property or income
- Property of unemancipated child earned or acquired with his work or industry by onerous or gratuitous title shall belong to child and be devoted exclusively for his support and education unless, the title or transfer provides otherwise.
Fruits and income of the property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family
Grounds for suspension of parental authority (5)
- Conviction of parent for crime with civil interdiction
- Treats child with excessive harshness and cruelty
- Gives corrupting orders, counsel, or example
- Compels child to beg
- Subjects to or allows him to be subjected to acts of lasciviousness
CHOBA - Convicion, Harshness, Orders, Beg, Acts
Grounds for termination of parental authority (4)
- Death of parents
- Death of child
- Emancipation of child
- Parents subjected child or allowed him to be subjected to sexual abuse (ground for permanent termination)
D2ES - Death parent, Death of child, Emancipation, Sexual abuse
Other cases where parental authority may be terminated (Art. 229) (5)
- Adoption of child
- Appointment of general guardian
- Judicial declaration of abandonment
- Final judgment divesting parental authority
- Judicial declaration of absence or incapacity of person exercising parental authority
AAAFI - Adoption, Appointment, Abandonment, Final, Incapacity
Cause of emancipation
Emancipation takes place by attainment of majority
Unless otherwise provided, majority commences at the age of 18 years (Art. 234)
