Article 220 of the Family Code: Rights and duties of parents
Status: In force
What does Article 220 say?
The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:
(1) 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;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) 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;
(4) To enhance, protect, preserve and maintain their physical and mental health at all times;
(5) 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;
(6) To represent them in all matters affecting their interests;
(7) To demand from them respect and obedience;
(8) To impose discipline on them as may be required under the circumstances; and
(9) To perform such other duties as are imposed by law upon parents and guardians.
What does it mean in plain language?
Article 220 of the Family Code lists nine rights and duties of parents, and of others exercising parental authority, toward their unemancipated children. They include keeping the children in their company, supporting and educating them, guiding them, protecting their health, representing them and disciplining them. These rights and duties last until the child is emancipated at 18.
"Parental authority" is the set of rights and duties parents have over the person and property of their children. "Unemancipated" means the child has not yet been emancipated, which under Article 234 happens at 18.
How does it work in real life?
Mark and Ella: school and discipline
Mark and Ella are married and raising their son. Under Article 220 they must support and educate him, supervise his activities and protect him from bad company. They may also impose discipline as may be required under the circumstances.
Hector and Iris: visits
Hector and Iris never married. Their son lives with Iris, who has parental authority under Article 176. Hector may ask the court for visitation. The court may grant it, guided by the child's welfare. As in the Silva case, the court may allow weekend visits but forbid taking the child out without Iris's written consent.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Who exercises parental authority. The father and mother jointly, over their common children (Article 211). If the parents separate, the court designates the parent, and no child under seven is separated from the mother without compelling reasons (Article 213). An illegitimate child is under the parental authority of the mother (Article 176).
- Liability for damage. Under Article 221, parents and other persons exercising parental authority are civilly liable for injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority, subject to the defenses provided by law.
- When it ends. Emancipation at 18 terminates parental authority (Article 236).
- Support is defined in Article 194. For custody questions, see who has custody of an illegitimate child? and custody of a child under 7.
- For a question-and-answer guide, see visitation rights of the father of an illegitimate child.
What does Article 220 say?
Under Article 220, the parents and those exercising parental authority have these rights and duties toward their unemancipated children and wards:
(1) 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; (2) To give them love and affection, advice and counsel, companionship and understanding; (3) 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; (4) To enhance, protect, preserve and maintain their physical and mental health at all times; (5) 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; (6) To represent them in all matters affecting their interests; (7) To demand from them respect and obedience; (8) To impose discipline on them as may be required under the circumstances; and (9) To perform such other duties as are imposed by law upon parents and guardians.
The opening sentence of the article on the E-Library copy has typing errors, so this page quotes the nine items and gives the opening in plain words.
What is the purpose of parental authority?
Article 209 says parental authority comes from the natural right and duty of parents over the person and property of their unemancipated children. It includes caring for and rearing them for civic consciousness and efficiency and for the development of their moral, mental and physical character and well-being. Article 220 turns that purpose into a list.
Are these rights or duties?
Both. Some items are mainly duties of the parent, such as support, education and care for the child's health. Others are rights the parent can use, such as keeping the children in their company (item 1), demanding respect and obedience (item 7) and imposing discipline "as may be required under the circumstances" (item 8). Item 6 lets parents represent their children in all matters affecting their interests.
Does a father who does not have custody have rights?
The courts have said yes, through visitation. In Silva v. Court of Appeals (1997), the parents had lived together without marriage. The Supreme Court said that, despite a dearth of specific legal provisions, there is enough recognition of the inherent and natural right of parents over their children, and it cited Article 209 in relation to Article 220. It reinstated the trial court's decision allowing the father weekend visits, but without taking the children out without the mother's written consent. It also said the child's interest and welfare is always the paramount consideration.
In Briones v. Miguel (2004), the Court affirmed the visitation right of the father of an illegitimate child, relying on Silva.
For a Supreme Court ruling on the custody of an illegitimate child and the father's request, see Briones v. Miguel.
Which Supreme Court rulings are relevant?
Frequently asked questions
What are the duties of parents under the Family Code?
Article 220 lists them: keep the children in their company, support, educate and instruct them, give them love and guidance, protect their health, supervise their activities, represent them, and discipline them as the circumstances require, among others.
Do parents have rights over their children too?
Yes. Article 220 speaks of rights and duties. Parents may, for example, keep the children in their company, demand respect and obedience, and impose discipline as may be required under the circumstances.
Can a father who does not have custody visit his child?
The courts have recognized visitation rights. In Silva v. Court of Appeals (1997), the Supreme Court upheld weekend visits by a father who had lived with the mother without marriage, citing Articles 209 and 220. In Briones v. Miguel (2004), it affirmed the visitation right of the father of an illegitimate child.
Are parents liable for damage caused by their children?
Article 221 says parents and other persons exercising parental authority are civilly liable for injuries and damages caused by their unemancipated children living in their company and under their parental authority, subject to the defenses provided by law.
When do these rights and duties end?
They apply to unemancipated children. Under Article 236, emancipation, which takes place at 18, terminates parental authority over the person and property of the child.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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