Category Archives: Parental Authority

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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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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Does the law allow a waiver of parental authority?

Parental authority and responsibility are inalienable and may not be transferred or renounced except in cases authorized by law. The right attached to parental authority, being purely personal, the law allows a waiver of parental authority only in cases of … Continue reading

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Is infidelity sufficient to deprive a mother of custody over her child?

The law categorically provides that no child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Article 213, Family Code). Moreover, insofar as illegitimate children are concerned, they are … Continue reading

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