ART I CL E 209 - 233

PARENTAL AUTHORITY
GENERAL PROVISIONS

Patria Potestas

Mass of Rights and Obligations which parents have
in relation to the person or property of the
unemancipated children and even after this under
certain circumstances.

PARENTAL AUTHORITY
INCLUDES:

Caring for and
rearing of such
children for civic and
consciousness and
efficiency

The development of
their moral, mental
and physical
character and well-
being.

Unemancipated
Children

Person below 21
years of age

OVER WHOM
EXERCISED:
RIGHTS OVER THEIR CHILDREN
Have them in their
company

Be obeyed and
respected

Impose discipline on
them

Withhold or give
consent

Exercise legal
guardianship over
the property

rights of usufruct
over the child's
property

DUTIES TO THEIR UNEMANCIPATED CHILDREN
DUTIES TO THEIR UNEMANCIPATED
CHILDREN
Support, educate
and instruct them.

Give love, affection,
advice, counsel,
companionship and
understanding.

Provide moral and
spiritual guidance

DUTIES TO THEIR UNEMANCIPATED
CHILDREN
Furnish with good
and wholesome
educational materials

Represent them in all
matters affecting
their interests

Perform duties that
are imposed by law
upon parents and
guardians



Adoption

Guardianship

Surrender to a
children's home or
an orphan institution

Cannot be
transferred or
renounced

PARENTAL
AUTHORITY
RULE:
CASES

People vs David Silvano

Sagala - Eslao vs Court of Appeals

Tamargo vs Court of Appeals

Chua vs Cabangbang

JOINT PARENTAL AUTHORITY

Both spouses exercise parental authority over their common children.

In case of disagreement, the father's decision shall prevail.

DUTIES OF CHILDREN UNDER
PARENTAL AUTHORITY

Shall always observe respect and reverence
towards parents

Obliged to obey his or her parents as long as they
are under parental authority.

CASES

Dempsey vs RTC

David vs Court of Appeals


ARTICLE 212

Effects of death of one spouse on parental authority

Effect of remarriage of surviving parent

IN CASE OF LEGAL SEPARATION
What happens to parental authority?




UNDER ART.213
General Rule:






Exception:
Compelling Reasons
COMPELLING REASONS
COMPELLING REASONS
CHILDREN OVER SEVEN YEARS OF AGE

May state his preference

Court is not bound by that choice

If the parent chosen is unfit.

WELFARE OF THE CHILD

What is important is the childs interest or welfare
and well-being

Take into account the childs physical, educational,
social and moral welfare
SEPARATION DE FACTO

Couples who are separated in fact are also
covered within its terms
IN CASE OF DEATH, ABSENCE OR
UNSUITABILITY
Substitute parental authority:

DESCENDANTS WHO SHALL TESTIFY
Sec.25, Rule 130 Rules of court
Under Art.215 Descendants shall not be compelled
to testify against his parents and grandparents
Criminal Case
This privilege is not absolute
It may be waived
Descendant may be compelled to testify
Crime is committed by a parent or grandparent
against the descendant or against another parent.
SUBSTITUTE AND SPECIAL
PARENTAL AUTHORITY
SUBSTITUTE PARENTAL AUTHORITY

The parental authority which the persons
designated by law, my exercise over the persons and
property of unemancipated children in case of,
Death, Absence,
Unsuitability of the parents
WHO MAY BE A SUBSTITUTE PARENT
NEGLECTED CHILDREN

Foundlings

Abandoned

Neglected Child

Emotional Neglected
Physically Neglected
FONDLINGS

Deserted or
abandoned infant
or child whose
parents, guardian,
or relatives are
unknown
ABANDONED
No proper parental care
or guardianship, or
whose parents has
deserted him/her for a
period of at least six (6)
continuous months
NEGLECTED CHILD
Needs have been deliberately unattended, or
inadequately attended.

Physical Neglect
Emotional Neglect
PHYSICAL NEGLECT
Malnourished
Ill Clad or Poor Clothing
No proper Shelter
MENTAL NEGLECT
Overworked
Made to work
under conditions
not conducive to
good health
Made to beg in the
streets or public
places
In Moral Danger
Maltreated
Raped
Seduced
Exploited
Exposed to
gambling,
prostitution, other
devices
SPECIAL PARENTAL AUTHORITY
Certain persons, entities, or institution that has a
special relation with children, as granted by law

Special

Present only while the child is under their supervision,
instruction or custody
WHO MAY EXERCISE SPECIAL
PARENTAL AUTHORITY?

The School

Schools Administrators and Teachers

The individual, entity or institution engaged in child
care.

Except:
Special parental authority is
Extended by law to all authorized
Activities Inside or outside.
LIABILITIES OF SPECIAL PARENTAL
AUTHORITIES
Damages caused
by acts of omissions
of said children.

Solidary liable
(Insolvent authorities
- subsidiary liable,
Solvent authorities
Primarily Liable)
SANTOS VS. COURT OF APPEALS
G.R. NO. 112019 JANUARY 4, 1995
Petitioner Leouel Santos, SR., an army lieutenant,
and Julia Bedia a nurse by profession, were married.
Their union beget only one child, Leouel Santos, JR. From
the time the boy was released from the hospital until
sometime thereafter, he had been in the care and
custody of his maternal grandparents (sps. Bedia) where
Sr. and wife Julia agreed to place Leouel Jr. In temporary
custody.

The boy's mother, Julia Bedia-Santos, left for the
United States to work. Sr. alleged that he is not aware of
her whereabouts and his efforts to locate her in the United
States proved futile. Private respondents claim that
although abroad, their daughter Julia had been sending
financial support to them for her son.

SANTOS VS. COURT OF APPEALS
G.R. NO. 112019 JANUARY 4, 1995
Sr. along with his two brothers, visited the Bedia
household, where three-year old Leouel Jr. was staying.
Bedias contend that through deceit and false pretensions,
petitioner abducted the boy and clandestinely spirited
him away to his hometown.

The spouses Bedia then filed a petition for Care,
Custody and Control of Minor Ward Leouel Santos Jr.
wherein the trial court issued an order awarding custody
of the child Leouel Santos, Jr. to his grandparents.

Petitioner appealed this Order to the Court of
Appeals where respondent appellate court affirmed the
trial court's order and denied his motion for
reconsideration.

EFFECTS OF PARENTAL
AUTHORITY UPON THE PERSONS
OF THE CHILDREN
RIGHTS AND DUTIES OF PARENTS AND
THOSE EXERCISING PARENTAL AUTHORITY

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;

RIGHTS AND DUTIES OF PARENTS AND
THOSE EXERCISING PARENTAL AUTHORITY
To give them love
and affection,
advice and counsel,
companionship and
understanding;


RIGHTS AND DUTIES OF PARENTS AND
THOSE EXERCISING PARENTAL AUTHORITY
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
RIGHTS AND DUTIES OF PARENTS AND
THOSE EXERCISING PARENTAL AUTHORITY
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

.OTHER RIGHTS AND DUTIES OF PARENTS


To represent them in all matters affecting their
interests;

To demand from them respect and obedience

To impose discipline on them as may be required
under the circumstances; and

To perform such other duties as are imposed by law
upon parents and guardians.

LIABILITY OF PARENTS FOR TORTS
COMMITTED BY THEIR MINOR CHILDREN

Parents and other persons exercising parental
authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their
minor PROVIDED the children are living in their
company and under their parental authority

This is subject to the appropriate defenses provided
by law

TAMARGO VS. CA ET AL
G.R. NO. 85044.
In October 1982, Adelberto Bundoc, minor, 10 years of
age, shot Jennifer Tamargo with an air rifle causing injuries
that resulted in her death. The petitioners, natural parents
of Tamargo, filed a complaint for damages against the
natural parents of Adelberto with whom he was living the
time of the tragic incident.

In December 1981, the spouses Rapisura filed a petition
to adopt Adelberto Bundoc. Such petition was granted on
November 1982 after the tragic incident.

EXCONDE V. CAPUNO, 9
G.R. NO. L-10134, JUNE 29, 1957
Dante Capuno was a 15 year old boy who was a
pupil of Balintawak Elementary School. In March 1949, he
attended a boy scout parade for Dr. Jose Rizal. While they
were inside a jeep, he took control of the wheels which he
later lost control of causing the jeep to go turtle thereby
killing two other students, Isidoro Caperina and one other.
Isidoros mother, Sabina Exconde, sued Dante Capuno for
the death of her son.

Pending the criminal action, the mother reserved her
right to file a separate civil action which she subsequently
filed against Dante and his dad, Delfin Capuno.

EFFECTS OF PARENTAL
AUTHORITY UPON THE
PROPERTY OF THE CHILDREN

Legal guardian of minors property

Ownership of childs property

Right of usufruct over the childs property

SUSPENSION OR TERMINATION OF
PARENTAL AUTHORITY
GROUNDS FOR TERMINATION
1. Death of the Parents
2. Death of the Child
3. Emancipation of the
Child
4. Adoption of the
Child


4. Appointment of
General Guardian
5. Judicial Declaration
of Abandonment
6. Final Judgment
Divesting Parents of
Parental Authority
7. Judicial Declaration
of Absence of
Incapacity

GROUNDS FOR SUSPENSION

Civil Interdiction

Other grounds under Article 231

Sexual Abuse