Order No, 209

Aeutive
Code of the
Family Philippines
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IX:
Title Parental
Authority
ri,
Chapter
General Provisions

209, Pursuant to the

naturalright and duty of
parents Over the
nemancipated children, parental person and property
authority and responsibility of their
ring them for civic shallinclude the
consciousness and caringfor and
nd physical character and efficiency and the development
of their moral,
well-being. (n) mental

Art. 210.Parental authority and

responsibility may not be renounced or
the cases authorized by law. (313a) transferred except in

Art, 211.The father and the

mother shall jointly exercise parental authority over
their common children. In case of disagreement, the persons of
the father's decision
is a judicial shall prevail, unless there
order to the contrary.

Children shall alwaysobserve

respect and reverence towards their parents
obey them as long asthe children are and are obliged to
under parental authority. (31la)
Art. 212.In caseof absenceor death of either
parent, the parent present shall
continue
exercising parental authority.The remarriage of
the surviving parent shall not affect the
parental authority over the children, unless the
court appoints another person to be
the
quardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents,

parental authority shall be exercised by the
parent designated by the Court. The Court shall take
into account all relevant considerations,
especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

No child under seven years of age shall be separated from the mother,
unless the court finds
compelling reasons to order otherwise.

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority
shal be exercised by the surviving grandparent. In case several survive, the one
designated by
the court, taking into account the same consideration mentioned in the preceding article,
shall
exercise the authority. (355a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant
or by one parent against the other. (315a)
 )To keep them in their company, to support, educate and instruct them by right precept and
dexample, and to provide for their upbringing in keeping with their means;

2)To give them love and affection, advíce and counsel, companionship and understanding;

(3) Toprovide them with moral and spiritual guidance, inculcate in them honesty, integrity,

self-discipline, self-reliance, industry and thríft, stimulate their ínterest in civic affairs, and
inspire in them compliance with the duties of citizenship;

their activities,
(4) To furnishthem with good and wholesome educational materíals, supervise
from bad company, and prevent them
recreation and association with others, protect them
from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

on them as may be required under the circumstances, and

(7) To impose discipline
and guardians. (316a)
(8) To perform such other duties as are imposed by law upon parents
be civilly liable for the
Art. 221. Parentsand other persons exercising parental authority shall
or omissions of their unemancipated children livíng in
injuries and damages caused by the acts
to the appropriate defenses provided
their company and under their parental authority subject

by law. [2180(2)aand (4)a ]

of the property or aguardian ad litem when

Art. 222. The courts may appoint aguardian child's

the best interests of the child so requires. (317)

their absenceor incapacity, the entity or

Art. 223. The parents or, in individual, institution

exercising parental authority, may petition the proper court of the place where the child resides,
measures over the child. The child shall be entitled to the
for an order providing for disciplinary
assistance of counsel, either of his choice or appointed by the court, and a summary hearing

wherein the petitioner and the child shall be heard.

shall be conducted

the same proceeding the court finds the petitioner at fault, irrespective of the
However, if in

merits of the petition, or when the circumstances

so warrant, the court may also order the
deprivation or suspensionof parental authority or adopt such other measures as it may deem
just and proper. (318a)
of the
Art. 224. The measures referred to in the preceding article may include the commitment
child for not more than thirty days in entities or institutions
engaged in child care or in
children's homes duly accredited by the proper government agency.

authority shall not interfere with the care of the child whenever
Ihe parent exercising parental

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)
 of Fthe Children
Upon the Property
Chapter 4. Effect of Parental Authority

guardianship
over
Art. 225. The father and the mother shalljointly exercise legal the
of a court appointment Inproperty
of the unemancipated common child without the necessity case
judicial order
to of
prevail, unless there is
a
the
disagreement, the father's decision shall
contrany.

Where the or the annual

income of the child exCeeds
market value property of the P50,000,
furnish a bond in such amount as the court
may the
parent Concerned shall be reguired to the
value of property
determine, but not less than ten per centum of the (10%)
or annual

the obligations prescribed for general

income, to guarantee the performance guardians.

of
the
in the proper court
of
A verified petition for approval of the bond shall be filed
place
where
foreign country, in the proper Court the place
of
the child resides, the child residesin a
or, if

where the property or any part thereof is situated.

as a summaryspecial proceeding which all incidents and

Tne petition shall be docketed in

the performance to in the second

issues regarding of the obligations referred 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 quardian is a stranger, or a parent has remarried, in whick

case the ordinary rules on guardianship shall apply. (320a)

Art. 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 ownershipand shall be devoted

exclusively to the latter's supportand education, unless the title or transfer provides otherwise

The right of the parents over the fruits and income of the child's property shall be limited

primarily to the child's supportand secondarilly to the collective daily needs of the family. (32a
323a)

Art. 227. If the parents entrust the management or administration of any of their properties to
an unemancipated child, the net proceeds of such property shall belong to the owner. The child

shallbe given a reasonable monthlyallowance in an amount not less than that which
the owner
would have paid if the administrator were a stranger, unless the owner, grants the
entire
proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be
charged to the child's legitime. (322a)

Chapter 5. Suspension or Termination of Parental Authority

Art. 228. Parental authority terminates permanently:

(1)Upon the death of the parents;

(2) Upon the death of the child; or

(3)Upon emancipationof the child. (327a)

 229.
Unless subsequently revived by a final judgment, parental authority also terminates:
Art.

)Upon adoption of the

child:

of a general guardian;
Upon appointment
(2)
judicial
declaration of abandonmentof the child in for the purpose;
(3) Upon a case filed

Upon final judgment of a competent court divesting the party concerned

(4) of parental
or
authority;

judicial
declaration of absence or
(5) Upon incapacity of the person exercising parental
(327a)
authority.

Parental authority is suspended

Art. 230. upon conviction of the parent or the person exercising
a crimee which carries
the same of with it the
penalty civil interdiction. The authority is
upon service of the
of
reinstated
automatically penalty or upon pardon or amnesty of the offender.

(330a)

)
At 231. The court

parental
authority
in

if
an action
the parent

Treats the child with excessive harshness or cruelty:

Gives the child corrupting orders, counsel

(3)Compels the child to beg; or

A Subiects the child
or example;
filed

or
for the purpose or in a related case
the person exercisingthe same:

or allOws him to be subjected to acts of lasciviousness.

may also suspend

The arounds enumeratedabove are deemed to include cases which have resulted from culpable
ndlinence of the parent or the person exercising
parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt such other measuresas may be proper
under the circumstances.

The suspension or deprivation may be revoked and the parental authority revived in a case filed

for the purpose or in the same proceeding if the court finds that the cause therefor has ceased
and will not be repeated. (33a)

Art. 232. If the person exercising parental authority has subjected the child or allowed him to
be subjected to sexual abuse,such person shall be permanently deprived by the court of such
authority. (n)

Art. 233. The person exercising substitute parental authority shall have the same authority over
the person of the child as the parents.

In no case shall the school administrator, teacher or individual engaged in chld care exercising
Special parental authority inflict corporal punishment upon the child. (n)