PARENTAL AUTHORITY (5) the right to exercise legal guardianship over the

property of unemancipated common children;

CHAPTER 1- GENERAL PROVISIONS
(6) limited right of usufruct over the child’s property.
ARTICLES 209-210
Duties of parents with respect to their
ART. 209
unemancipated children:
Parental authority (patria potestas)
(1) To support, educate and instruct them by right
- Defined as the mass of rights and obligations precept and good example, and to provide for their
which parents have in relation to the person upbringing in keeping with their means;
and property of their children until their
(2) To give them love and affection, advice and
majority age or emancipation, and even after
counsel, companionship and understanding;
this under certain circumstances.
- It is the juridical institution whereby parents (3) To provide them with moral and spiritual
rightfully assume control and protection of guidance, inculcate in them honesty, integrity, self-
their unemancipated children to the extent discipline, self-reliance, industry and thrift, stimulate
required by the latter’s needs. their interest in civic affairs, and inspire in them
- (ate jor) caring for and rearing of such compliance with the duties of citizenship;
children for civic consciousness and
(4) To furnish them with good and wholesome
efficiency and the development of moral,
educational materials, supervise their activities,
mental and physical character and well-
recreation and association with others, protect them
being.
from bad company, and prevent them from acquiring
GR: Parental authority is exercised over habits detrimental to their health, studies and morals;
unemancipated children.
(5) To represent them in all matters affecting their
XPN: There are some circumstances where interests;
notwithstanding the emancipation of child, parental
(6) To perform such other duties as are imposed by
authority must still be exercised.
law upon parents and guardians.
Ex. Parental consent is necessary if a person below
ART. 210
21 yrs of age wants to get married.
GR: Parental authority cannot be renounced or
Age of majority- 18 yrs old
transferred.
- At this point, parental authority is deemed
Reason: Parental authority is not just a right, it’s an
terminated except in certain situations
obligation.
provided by law.
XPN:
Rights of parents over the person and properties
of children: (ate jor)
(1) the right to have them in their company (custody); - Death
- Incapacity
(2) the right to be obeyed and respected;
- Absence
(3) the right to impose discipline on them as may be - Acts prejudicial to minor
required under the circumstances;
(4) the right to withhold or give consent in certain
matters;
1
(Book)
a. Adoption
- upon the issuance of a decree of adoption,
the PA of the parents by nature over the
adopted shall terminate and shall be vested in
the adopters.
- The effects of a decree of adoption shall
retroact to the day of the filing of the original
petition.
b. Voluntary commitment of a child to
DSWD
- Parent or guardian of a dependent, abandoned
or neglected child voluntarily commit him to
DSWD through WRITING.
- In case of death or legal incapacity of either
parent or abandonment of a child for at least
1 year, the other parent alone shall have the
authority to make the commitment.
- If the child has been committed in accordance
with the foregoing manner and such child
have been accepted by the DSWD, PA shall
be terminated.
c. Involuntary commitment of a child to
DSWD
- The DWSD Secretary or his authorized
representative or any duly licensed child
placement agency may file a verified petition
for involuntary commitment in case a child
appears to be dependent, abandoned or
neglected.
- The court shall order the child’s commitment
to DSWD or any licensed agency.
d. Cases contemplated by Articles 223 and
224
- See codal
ARTICLES 211-212
ART. 211
GR: Parents- joint parental authority over common
minor children.
XPN: Instances where the exercise of parental
authority is primarily lodged in the father:
(1) Under article 14 of the Code, when
parental consent is required for purposes of
marriage, i.e., when either or both the
contracting parties thereto are between the
ages of 18 and below 21, such consent may
be given by the “father, mother, surviving
parent or guardian, or persons having legal
charge of them, in the order mentioned.”
(2) Under article 78 of the Code, if a party to
a marriage settlement is between the ages of
18 and below 21, in which case parental
consent is required, the person designated in
Article 14 to give consent to the marriage is
required to be a party to the contract;
otherwise, the contract is not valid.
(NOTE: the instances mentioned are applicable only
if the child is legitimate)
GR: In case of disagreement- the decision of father
shall prevail.
XPN: Unless there is a judicial order to the contrary.
(wife has the right to question in court)
Parental authority over Illegitimate children:
- Under the PA only of the MOTHER.
- In the instances mentioned above (arts.
14&78), it is the consent and participation of
mother which is required.
a. The rule in art. 176 of the Code that
illegitimate children are under the parental
authority of the mother applies whether or not
the father admits paternity. (admitting of
paternity- requires the father to give support
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 parent
to his or her child or children.
(Ate Jor)
- If illegitimate- it must be shown that parents
are living together and the child is living with
them. (para ata to magkaron pa rin ng joint
parental authority)
2

ART. 212 (ate Jor)
In case either of the sps is absent, dead or
unsuitable- present parent continue Parental
authority
If surviving sps remarries- no effect on the rights
and obligations of such parent; he/she shall continue
PA over children
XPN: court appoints another
- New spouse- cannot exercise PA because
there’s no relationship.
ARTICLE 213
In case of separation of parents, parental
authority shall be exercised:
I. Choice of Spouse (ate Jor)
II. Parent designated by the court
- Take into consideration:
1. Choice of the child
a. GR: 7 yrs old below (Tender-age
presumption)
- The mother is preferred in awarding custody
of children under 7 yrs of age.
- Reason: the basic need of a child for his
mother’s loving care which a father cannot
give in equal measure.
XPN: “Compelling Reasons”
- Unfitness to exercise sole parental authority.
- Examples:
(1) Neglect, abandonment
(2) Unemployment and immorality
(3) Habitual drunkenness
(4) Drug addiction, maltreatment of the
child, insanity and being sick with
communicable disease.
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
spouse from exercising proper parental care.
b. Children over 7 yrs of age
- If over 7 yrs of age, a child is allowed to state
his preference BUT the court is not bound by
that choice.
- The court may not honor the child’s choice if
the chosen parent is unfit. In which case,
custody may be given to the other parent, or
even to a 3rd person.
- Child’s choice- only one factor to be
considered. It is not decisive, controlling or
determinative.
*Whether the child is under or over 7 yrs of
age, the paramount criterion must be the
child’s interest or the welfare and well-being
of the child.
- “in all controversies regarding the custody of
minors, the sole and foremost consideration is the
physical, education, social and moral welfare of
the child concerned, taking into account the
respective resources and social and moral
situations of the contending parents”
2. In case of Legal Separation
- custody of minor children shall be awarded to
the innocent spouse subject to the provisions of
article 213.
- Basis: Art. 63(3) in relation to Art. 213, it is
clear that custody of minor children in case of
LegSep is with the innocent spouse.
- Reason: The parent who has in his/ her custody
the minor is in a better position to implement the
sum of parental rights and duties associated with
parental authority.
- “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
3
 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”

4
 CHAPTER 2: SUBSTITUTE AND
SPECIAL PARENTAL AUTHORITY
ARTICLE 216
PARENTAL PREFERENCE RULE
 Parents are placed first in rank in matters of
parental authority
 Under the parental preference rule in Art.
214, the father or mother, if suitable, is
entitled to exercise parental authority over his
or her children.
 As a consequence of which, the father or
mother, if suitable, is entitled to the custody
of the child against all persons, even against
the grandparents.
 The parental preference rule may not,
however, be invoked by the father of an
illegitimate child in case of death, absence, or
unsuitability of the mother, since under Art.
176, an illegitimate child is not under the
parental authority of the father
 Hence in the event that both the mother and
the father of an illegitimate child die during
the latter’s minority and the child is survived
by his grandparents on both the maternal and
paternal sides, ONLY THE
GRANDPARENTS ON THE MATERNAL
SIDE shall be entitled to exercise substitute
parental authority, if suitable.
CONCEPT OF SUBSTITUTE PARENTAL
AUTHORITY
 Substitute parental authority – the parental
authority which the persons designate by law
may exercise over the persons and property
of unemancipated children in case of death,
absence, or unsuitability of both parents.
 Under Art. 214, substitute parental authority
may only be exercised by the persons
designated in Art.216 “in case of death,
absence, or unsuitability” of both parents.
 Thus, it is not possible for substitute parental
authority to co-exist with the parents’
parental authority
WHO MAY EXERCISE SUBSTITUTE
PARENTAL AUTHORITY (must be in order/
strict order)
1. The surviving grandparent, as provided in
Art. 214
2. The oldest brother or sister, over 21 years of
age, unless unfit or disqualified
3. The child’s actual custodian, over 21 years of
age, unless unfit or disqualified
In the case of an illegitimate child, only the
surviving grandparent on the maternal side shall
be entitled to exercise substitute parental
authority.
*ate jor notes: in relation to Art.217
In case of foundlings, abandoned child, neglected
child, or abused child, Parental Authority is given
to child caring institution, child placing
institution, or orphanage accredited by DSWD
ARTICLE 217
In case of:
(1) foundlings
(2) abandoned child
(3) neglected child
(4) abused child
- Parental Authority is given to Child caring
institution, Child placing institution and orphanage
accredited by DSWD. (Ate Jor)
- Parental Authority shall be entrusted in summary
judicial proceedings to heads of Children's homes,
orphanages and similar institutions duly accredited
by the proper government agency. (Provision)
Definition of terms:
(1) Foundling - refers to a deserted or abandoned
infant or child whose parents, guardian or relatives
5
are unknown OR child committed to an orphanage (2) the school’s administrators and teachers; or
with unknown facts of birth and parentage and
(3) the individual, entity or institution engaged in
registered in the Civil Register as a "foundling"
child care.
(2) Abandoned Child- refers to one who has no
ARTICLE 219
parental care or guardianship OR whose parents has
deserted him for a period of at least 6 continuous - If a minor child is under SPA of the persons
months and has been judicially declared as such. designated under Article 218, any liability or
responsibility for damages caused by the acts or
(3) Abandoned Child - refers to one whose basic
omissions of said child shall be borne primarily by
needs have been deliberayely unattended or
those persons exercising SPA over the minor child.
inadequately attended.
- While parents, judicial guardians or persons
Neglect may occur in two ways:
exercising substitute parental authority shall be
(a) Physical neglect - when the child is malnourished subsidiarily liable
and without proper shelter
- Under the law, the liability of the school, its
(b) Emotional neglect - when children are maltreated, administrators and teacher shall be solidary
raped or seduced
- The primary and subsidiary liabilityes shall not
apply if it is proved that they exercised the proper
diligence required under the particular
ARTICLES 218-219
circumstances.
ARTICLE 218
- Acts which cause injury/damage, there will be
Special Parental Authority (SPA) vicarious liability and school is primarily liable who
at the time is in custody (ate jor)
- Parental authority is merely provisional/temporary
- School liability is solidary with the officials if it is
- As long as he is a minor and as long as he is in proven that they could have prevented the incident
supervisory custody (child is within school premises by exercising due diligence but failed to do so (ate
or outside activity is school sanctioned) jor)
- granted by law to certain persons, entities or - Parents are liable only if those primarily liable
institutions in view of their special relation to cannot pay because parents are only subsidiarily
children under supervision. liable (ate jor)
- it is limited and present only while the child is under - If the child himself is injured, Art. 219 won't apply.
their "supervision, instruction or custody" (ate jor)
- limited to the confines of the premises of the school,
entity or institution exercising the same except when
it is extended by law
- Unlike the Substitute Parental Authority, the
special parental authority under the code co-exist
with the parents' parental authority
The following persons or entities shall have
Special Parental Authority:
(1) the school
6
 CHAPTER 3
EFFECT OF PARENTAL AUTHORITY UPON
THE PERSONS OF THE CHILDREN
ARTICLE 220
The parents and those exercising parental authority
shall have with respect to their unemancipated
children or wards the following rights and duties:
(1) To keep them in their company, to support,
educate and instruct them by right precept and good
example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and
counsel, companionship and understanding;
(3) To provide them with moral and spiritual
guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
(4) To enhance, protect, preserve and maintain their
physical and mental health at all times;
(5) To furnish them with good and wholesome
educational materials, supervise their activities,
recreation and association with others, protect them
from bad company, and prevent them from acquiring
habits detrimental to their health, studies and morals;
(6) To represent them in all matters affecting their
interests;
(7) To demand from them respect and obedience;
(8) To impose discipline on them as may be required
under the circumstances; and
(9) To perform such other duties as are imposed by
law upon parents and guardians.
- 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,
(b) and they have in general the right to the custody
and control of the child and to the child’s services
and earnings, and to obedience by the child.
- Under the modern concept, the concept of parental
rights is merely ancillary to the performance of
parental duties. In other words, the obligational
aspect is now supreme.
* Right to Child’s Custody
- The right of custody accorded to parents springs
from the exercise of parental authority.
- the father and mother, being the natural guardians
of unemancipated children, are duty-bound to keep
them in their custody. This rule applies only if the
child is legitimate.
- In case of an illegitimate child, he is under the sole
parental authority of the mother unless the court
decides that that mother is unfit to exercise such
authority and care. The father is entitled to visitorial
rights.
-the Court laid down the rule that “in all
controversies regarding the custody of minors, the
sole and foremost consideration is the physical,
education, social and moral welfare of the child
concerned, taking into account the respective
resources and social and moral situations of the
contending parents.”
- Discretion is given to the court to decide who can
best assure the welfare of the child, and award the
custody on the basis of that consideration. (may be
given even to a third person as it deems fit)
* Duty to Provide Support
- the obligation of the parents to support their
children is not co-terminus with the exercise of
parental authority.
NOTE: while parental authority is permanently
terminated upon the child’s emancipation, the
parents’ obligation to support their children is not
necessarily terminated upon such emancipation as
provided in article 194 of FC.
7
* Duty of Representation
- The parents are duty-bound to represent their
unemancipated children in all matters affecting their
interests
- Under the rules, the parents are the legal
representatives of their minor children in court
proceedings.
- As a rule, it is only in case of absence of the parents
or guardians that the court may appoint a guardian ad
litem to represent the minor in court litigations.
- However, when the best interests of the child so
requires, the court is not prevented from appointing
a guardian ad litem to represent the minor.
- A GUARDIAN AD LITEM is an officer of the
court appointed to appear for an infant, and to
manage and take care of suit for such infant when he
is a plaintiff, and to appear, manage and take care of
the defense for the infant when he is defendant.
(ARTICLE 222)
* Right to Give or Withhold Consent
- such duty may extend, in several instances, even
beyond the age of majority or even upon the
termination of parental authority.
ARTICLE 221
- Parents are civilly liable for quasi-delicts of their
minor children under the provisions of article 221 of
the Family Code, subject to the following conditions:
(1) the minor is living in the company of his parents;
(2) the minor is under their parental authority; and
(3) the parents failed to exercise all the diligence of
a good father of a family to prevent damage.
- The nature of Parent's liability under this article is
primary and not subsidiary.
- Parental liability is made a natural or logical
consequence of the duties and responsibilities of
parents (their parental authority) which includes the
instructing, controlling and disciplining of the child.
Note: basis of parental liability for the torts of a
minor child is the relationship existing between the
parents and the minor child living with them and over
whom, the law presumes, the parents exercise
supervision and control
- Under the Code, parents are subsidiarily liable only
if, at the time of the commission of the quasi-delict,
the minor children are under the special parental
authority of the persons or entities designated under
article 218 of the Code, in which case, it is the latter
who shall be primarily liable.
ARTICLE 223 & 224
DISCIPLINARY ACTION
 In the exercise of parental authority, parents
have the right to demand respect and
obedience from their unemancipated
children.
 Such being the case, the law likewise grants
parents the right and duty to impose
discipline upon their children as may be
required under the circumstances.
 EXTENT of punishment: “moderate”
punishments
 NOTE: in Art. 231, the parental authority of
the parents may be suspended, upon proper
petition to the court, if the parent or person
exercising parental authority “treats the child
with excessive harshness or cruelty.” In
addition, they may also be held criminally
liable under RA 7160 (Special Protection of
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.
8
 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

9
 CHAPTER 4:
EFFECT OF PARENTAL AUTHORITY
UPON THE PROPERTY OF THE
CHILDREN
ARTICLE 225, 226, & 227
LEGAL GUARDIAN OF MINOR’S
PROPERTY
 Under the Code, the father and the mother
shall jointly exercise legal guardianship over
the property of the unemancipated common
child without the necessity of a court
appointment.
 However, in case of disagreement, the
father’s decision shall prevail, unless there is
a judicial order to the contrary.
 Court may still appoint a guardian of the
child’s property other than the parents when
the best interests of the child so requires.
o When court appointed another
guardian, the right off the parents to
administer terminates
 Although there is no need for a court
appointment of the parents as legal guardian
of the minor child’s property, the law
requires the parents to furnish a bond when
market value of the property or the annual
income of the child exceeds 50,000php, for
the purpose of guaranteeing the performance
of the obligations prescribed for general
guardians
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 CHILD’S 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
 Things given to the child by the parent by
way of support or as necessaries, remain the
property of the parent notwithstanding the
child’s possession.
o Hence, the parent has a right of action
against 3rd person who causes the loss
or destruction of such property, or
deprives the child thereof
 Clothing purchased by the child with money
furnished by the parent for general purposes,
without any specific instructions as to the
appropriation or use thereof, is not the
property of the parent
 While the ownership of the property remains
with the child, the parents may make use of
them but solely and exclusively for the
support and education of the owner of the
property, unless the title or transfer provides
otherwise.
 Thus, the basis of the right of the parent to the
properties of their minor children arises out
of the former’s duty to support the child, and
the parent’s right may be lost by neglect or
refusal to furnish support
RIGHT OF USUFRUCT OVER THE
CHILD’S PROPERTY
 Parents have a limited right of usufruct over
the property of their minor children
 Under 2nd paragraph of Art. 226, the parents,
as usufructuary, have the right to make use of
the fruits and income of the children’s
property but only for the ff purposes:
1. Primarily, for the child’s 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
10
*ATE JOR NOTES*
ART.225 EFFECT OF PARENTAL
AUTHORITY ON PROPERTY OF CHILD
- Guardianship over child’s
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

11
 CHAPTER 5:
SUSPENSION OR TERMINATION OF
PARENTAL AUTHORITY
ARTICLE 228 – 233
GROUNDS FOR TERMINATION OF
PARENTAL AUTHORITY
1. Upon death of the parents
 Right attached to parental authority (PA) is
purely personal. As such, upon death of
parents, PA is likewise terminated
 If only one of the parents dies, the surviving
parent shall continue to exercise PA and
his/her remarriage shall not affect such PA
over the childn unless the court will appoint
another person to be the guardian.
 If both parents should die, substitute PA shall
be exercised by the persons designated under
Art. 216
2. Upon the death of the child
 Since PA is exercised over an unemancipated
child, the death of the latter shall likewise
extinguished parental authority
3. Upon emancipation of the child
 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
the termination of the PA of the parents by
nature and the transfer of the same to the
adopter
 Deprivation of PA on the part of the parents
by nature is permanent UNLESS the decree
of adoption is rescinded upon a petitioner by
the adoptee (based on grounds under sec.19
of the Domestic Adoption Act).
 If the child is still a minor upon the rescission
of the decree of adoption, the PA of the
parents by nature shall automatically be
restored
5. Upon appointment of a general guardian
 Guardian – a person lawfully invested with
the power and charged with the duty, of
taking care of the person and managing the
property and rights of another person, who,
for defect of age, understanding, or self-
control, is considered incapable of
administering his own affairs.
 General guardian – is one who has the general
care and control of the person and estate of
his ward
 Special guardian – is one who has special or
limited powers and duties with respect to his
ward (e.g. a guardian ad litem, guardian who
has the custody of the estate but not of the
person, or vice versa)
 Petitions for guardianship of minors –
governed by new Rule on Guardianship of
Minors
 A guardian other than the parents may be
appointed by the court over the person or
property, or both, of a minor on grounds
authorized by law upon petition by any
relative or other person o behalf of the minor
or upon petition by the minor himself if 14
years of age or over. The grounds are:
1. Death, continued absence, or incapacity of
the minor’s parents
2. Suspension, deprivation or termination of PA
3. Remarriage of the minor’s surviving parent,
if the latter is found unsuitable to exercise PA
12
4. When the best interests of the minor so
requires
Upon appointment of a guardian, PA of the
parents is likewise terminated unless
subsequently revived by a final judgment
6. Upon judicial declaration of abandonment
of the child in a case filed for the purpose
 a parent may forfeit PA over a child by
abandonment or by failure to provide for a
child.
 Under the Code, PA is also permanently
terminated upon a judicial declaration of
abandonment of the child in a case filed for
the purpose.
 Note, however, that the law requires a
judicial declaration of abandonment of the
child “in a case filed for the purpose”
 In other words, the absence of judicial
declaration of abandonment, the PA of the
parents remains unaffected
 Abandonment – any conduct of the parent
which evinces a settled purpose to forego all
parental duties and relinquish all parental
claims to the child. It means “neglect or
refusal to perform the natural and legal
obligations of care and support which parents
owe their children.”
 In order to constitute abandonment, there
must be an intention to do so, express or
implied, which is apparent from the conduct
of the parent respecting the child, and the
intent of the parent is the decisive factor or
primary consideration.
7. Upon final judgment of a competent court
divesting the party concerned of parental
authority
 When the best interests of the child so
requires, the PA of the parents may be
terminated by the court. (note that this is
also a ground for the appointment of a
guardian)
 Under Art. 231, the court may deprive the
guilty party of PA based on the grounds
mentioned therein “if the degree of
seriousness so warrants or the welfare of
the child so demands” in an action filed
for the purpose or in a related case. The
grounds under Art. 231 are:
1. Treats the child with excessive harshness
or cruelty
2. Gives the child corrupting orders,
counsel, or example
3. Compels the child to beg
4. Subjects the child or allows him to be
subjected to acts of lasciviousness
o short of sexual intercourse with
sexual undertone
o even if the person exercising PA
was not the one who committed
these acts, as long as its result of
culpable negligence, it may still
be suspended depending on the
act or degree of seriousness (you
did not personally commit it but
you knowingly allowed it to
happen)
 while the paramount consideration in all
matters affecting minor children is the best
interest of the children, this is not, however,
to be implemented in derogation of the
primary right of the parent/s to exercise
parental authority over him
 in a number of cases, the Court has held that
parental authority cannot be entrusted to a
person simply because he could give the
child a larger measure of material comfort
than his natural parent
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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
B. Other Grounds for Suspension of Parental
terminated
Authority
 Without a judicial declaration of absence,
 The court in an action filed for the purpose or
the continued absence of the parents may
in a related case may also suspend PA if the
likewise result in the termination of PA if
parent or the person exercising the same:
the minor is placed under guardianship
1. Treats the child with excessive harshness
 Grounds 1- 3 = termination is permanent;
or cruelty
cannot be reinstated
2. Gives the child corrupting orders,
 Grounds 4 – 8 = parental authority may
counsel, or example
subsequently be revived by the court in a final
judgment 3. Compels the child to beg
GROUNDS FOR SUSPENSION OF 4. Subjects the child or allowed him to be
PARENTAL AUTHORITY subjected to acts of lasciviousness
(ARTICLE 231)
A. Civil Interdiction (Article 230)
 If the person exercising parental authority has
 It is an accessory penalty to the ff principal
subjected the child or allowed him to be
penalties (a) death, when not executed by
subjected to sexual abuse, such person shall
reason of commutation or pardon, (b)
be permanently deprived by the court of such
reclusion perpetua, (c) reclusion temporal.
authority (ARTICLE 232)
 Civil interdiction shall deprive the offender
 If suspension of PA is based on the foregoing
during the time of his sentence of: (1) the
grounds, such suspension of PA must be
right to parental authority, (2) guardianship,
decreed by the court in an action filed for the
either as to the person or property of any
purpose or in a related case.
ward, (3) marital authority, (4) right to
manage his property; and (5) right to dispose  However, parental authority may be
such property by any act or any conveyance reinstated upon order of the court when it
inter vivos finds that the cause thereof has ceased and
will not be repeated
 PA is automatically suspended as a
consequence of one’s conviction of a crime ARTICLE 233
which carries with it the penalty of civil
- Only parents and substitute parental authority
interdiction
can exercise corporal punishment in
 It remains suspended while the convict is moderation upon the child
serving his sentence and is automatically
*In ground no.1 (civil interdiction) – PA is
reinstated upon service of the penalty or upon
automatically suspended upon conviction and PA
pardon or amnesty of the offender
is automatically reinstated after service of
sentence, or pardon, or amnesty

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*In grounds 2 to 5 (article 231) – suspension of
PA must be decreed by the court in an action filed
for the purpose or in a related case. In these other
grounds, PA may be reinstated upon order of the
court when it finds that the cause thereof has
ceased and will not be repeated

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