Parental Authority: Meaning in Philippine Law

Article 209 describes it:

Article 210 adds that parental authority "may not be renounced or transferred except in the cases authorized by law". So a private agreement giving a child away, or a parent's waiver, does not end it. Adoption, for example, is a case the law allows.

Article 220 lists the parents' rights and duties. They include keeping the children in their company, supporting and educating them, giving them love and guidance, protecting their health, representing them, and imposing discipline "as may be required under the circumstances".

• Married parents: jointly. Under Article 211, if they disagree, the father's decision prevails unless there is a judicial order to the contrary.
• Illegitimate children: the mother. Article 176 places them under their mother's parental authority. In Briones v. Miguel (2004), the Supreme Court said: "An illegitimate child is under the sole parental authority of the mother." See Who has custody of an illegitimate child?.
• Separated parents: the parent the court designates (Article 213). A child under seven stays with the mother unless the court finds compelling reasons: this is the tender-age presumption.
• No parents or court-appointed guardian: substitute parental authority goes, in order, to the surviving grandparent, the oldest brother or sister over 21, and the child's actual custodian over 21, unless unfit or disqualified (Articles 214 and 216).

It ends permanently on the death of the parents or of the child, or on the child's emancipation (Article 228). Emancipation comes with majority, which starts at 18 under Article 234 as amended by Republic Act No. 6809. It also ends, unless a later final judgment revives it, on adoption, on a judicial declaration of abandonment, or by a final court judgment taking it away, among other cases (Article 229). A court may suspend it, for example, for excessive harshness or cruelty, or for forcing the child to beg (Article 231).

Made-up illustration: Joel and Mae never married, and their daughter is five. Mae has sole parental authority, even if Joel recognized the child. Joel can be required to give support and may ask a court for visits, as the father in Briones v. Miguel was allowed. But he cannot simply take the child: in that case the Court said only the most compelling reasons, such as the mother's unfitness, justify taking custody from her. For support, see How much is child support?.