Category Archives: Family Code

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 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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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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When can an illegitimate child use the surname of his father?

Illegitimate children can use the surname of their father if: Their filiation has been expressly recognized by the father through the record of birth appearing in the civil registrar; When an admission in a public document or a private handwritten … Continue reading

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Does the Use of father’s surname grant legitimacy to child?

What is an illegitimate child? A child who is born of parents not married to each other or born out of wedlock is an illegitimate child. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in … Continue reading

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