Author Archives: Erineus

About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.

Family Code provisions on substitute parental authority of grandparents

  Articles 214 and 216 of the Family Code speak clearly of situations when grandparents can exercise substitute parental authority over their grandchildren: Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be … Continue reading

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Family Code provisions on parental authority

Articles 209 to 233 of the Family Code are the governing laws on parental authority. Below are some articles relevant to our discussion: Art. 209. Pursuant to the natural right and duty of parents over the person and property of … Continue reading

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What is a travel clearance for minors?

A travel clearance is a document issued by the DSWD to a Filipino child (below 18 years of age) traveling abroad alone or with someone other than his/her parents. WHO NEEDS A TRAVEL CLEARANCE? A minor traveling alone to a … Continue reading

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What is the reason behind the visitorial right of an illegitimate father over his children?

In Silva v. Court of Appeals,[34] the Court sustained the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children.[35] Even when the parents are estranged … Continue reading

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Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?

In one case (Briones vs. Miguel, GR 156343, Oct. 18, 2004), the Supreme Court upheld the illegitimate child’s mother’s custody even when the mother was working in Japan and eventually brought the child out of the country to live with … Continue reading

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Can the Father Compel An Illegitimate Child To Use His Surname?

Republic Act 9255 allowing illegitimate children to use their father’s surnames opened the door to illegitimate mothers and fathers eager to let their children bear the father’s surname just like legitimate children. The problem started when the implementing rules of … Continue reading

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What are the grounds for petition for guardianship?

When you think you have both the interest and the grounds you should file a petition for guardianship under A.M. No. 03-02-05-SC Rule on Guardianship of Minors. This Rule amended Rules 92 to 97 of the Rules of Court pertaining to … Continue reading

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