1

AMOUNT OF SUPPORT
SUPPORT
Art. 194. Support compromises everything indispensable for
sustenance, dwelling, clothing, medical attendance, education and
transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or to
and from place of work.
The amount of support shall be in proportion to the resources or means of
the giver and to the necessities of the recipient. (Art. 201)
The amount of support shall be reduced or increased proportionately
according to changes in the necessities of the recipient and the resources of
the provider. (Art. 202).
4BLUE95. Support shall always be in proportion to the means of the giver
and the necessities of the recipient.There is no res judicata as to the amount
of support to be given since support is variable.

4blue 95 notes: support is demandable even when child is married or has

reach the age of majority.and it is immediately enforceable even pending MANNER AND TIME OF PAYMENT
appeal
Time of payment (Art. 203):

The obligation to give support can be demanded from the time the person
who has the right to receive the same needs it for maintenance
3 Kinds of Support • However, it shall be paid only from the date of judicial or
extrajudicial demand
1Legal – that which is required to be given by law
2Judicial – that which is required to be given by court order whether BAR. On April 1, X needed support from his father. Since X is
pendente lite or in a final judgment too proud, X doesn’t ask. On July 1, X goes to his father and
asks him for support. The father refuses. On Sept. 1, X files an
3Voluntary or Conventional – by agreement action for support. On Oct. 1, the court renders judgment in
An example of conventional support is as follow. X donates favor of X. When is the father obliged to give support? July 1
land to Y. However X imposes a mode – Y has to support X’s since there was extrajudicial demand.
mother.
Payment shall be made within the first five (5) days of each corresponding
Characteristics of Support month
1. Personal • In case the recipient dies, his heirs shall not be obliged to
return what he has received in advance.
2. Intransmissible
3. Not subject to waiver or compensation with regard to future Manner of payment (Art. 204):
support
Support in arrears can be waived. The obligor has two options:
a. To pay the allowance fixed; or

4. Exempt from attachment or execution (Article 205 ) b. To receive and maintain the person who has a right to receive
support in the family dwelling, unless there is a moral or legal
5. Reciprocal on the part of those who are by law bound to obstacle
support each other (Article 195)
6. Variable (Articles 201 and 202) since it is never fixed, it
depends on the capacity of the person who gives support. RENUNCIATION AND TERMINATION

The waiver, renunciation, transmission or compensation of the right to

receive support cannot still be undertaken as such acts are contrary to law,
public policy, morals or good customs pursuant to Article 6 of the Civil
Code.
ORDER OF SUPPORT It is in violation of the mandatory obligation under Article 195 and therefore,
if such prescribed acts are undertaken, they shall be void pursuant to Article
When two or more persons are obliged to give support, liability shall 5 of the Civil Code.
devolve based on the following order:
a. Spouse;
b. Descendants in the nearest degree;
c. Ascendants in the nearest degree; and SUPPORT PENDENTE LITE
d. Brothers and sisters (Art. 199)
Support shall be given during the proceedings for legal separation or for
Rule in case of multiple obligors with one and the same obligee: annulment of marriage, and for declaration of nullity of marriage.
The payment shall be divided between the obligors in proportion to their
resources (Art. 200(1)). Who are entitled to it: Spouses and their children
• As between spouses, the obligation of mutual support ceases after final
In case of urgency or special circumstances, the judge may order only one of judgment granting the petition unless, in case of legal separation, the court
them to furnish provisional support orders the guilty spouse to furnish support to the innocent one, specifying
• Without prejudice to his or her right of reimbursement from the terms thereof
the other/s (Art. 200(2))
Source of support: The absolute community or the conjugal partnership (Art.
198)

In an action for support, adultery is a good defense and if properly proved

and sustained, will defeat the action (Reyes v. Ines-Luciano, G.R. No. L-
48219, 1979). However, while adultery may be a defense in an action for
personal support, that is, support of the wife by the husband from his own
funds, it is not a defense when the support is to be taken from the conjugal
partnership property (Lerma v. Court of Appeals, G.R. No. L-33352, 1974)

PROCEDURE IN APPLICATION FOR SUPPORT
Interlocutory nature of support pendente lite
In a Petition for Review under Rule 45, petitioner argues that the CA should
not have dismissed her appeal because the arrears in support pendente lite
which respondent failed to pay have ceased to be provisional and have
become final. The SC held that It is important to emphasize the temporary or
provisional nature of support pendente lite. It is but an incident to the main
action for declaration of nullity; and whether an order or resolution is final
or interlocutory is not dependent on compliance or non-compliance by a
party to its directive, questioning the subject interlocutory orders of the
RTC, petitioner's appeal was correctly dismissed by the CA.
The remedy against an interlocutory order not subject of an appeal is a
special civil action under Rule 65 provided that the interlocutory order is
rendered without or in excess of jurisdiction or with grave abuse of
discretion. Having chosen the wrong remedy in questioning the subject
interlocutory orders of the RTC, petitioner's appeal was correctly dismissed
by the CA (Calderon v. Roxas and CA, G.R. No. 185595, 2013).
4BLUE 95: X prayed for support from the putative father of her child (who
is also X’s father). While the grant of support was contingent on ascertaining
parental relations between the child and the putative parent, it was
unnecessary for the action for support to be dismissed by the appellate court.
An integrated determination of filiation is "entirely appropriate" to an action
for support. Concerned parties may be allowed to present evidence to
establish their cause of action, inclusive of their underlying claim of paternal
relations. An action for support may very well resolve that ineluctable issue
of paternity if it involves the same parties, is brought before a court with the
proper jurisdiction, prays to impel recognition of paternal relations, and
invokes judicial intervention to do so. This also serves the interest of judicial
economy — avoiding multiplicity of suits and cushioning litigants from the
vexation and costs of a protracted pleading of their cause. (Abella v.
Cabañero, G.R. No. 206647, 2017)
Can the Pension Gratuity Management Center of the AFP (PGMC) be
ordered to automatically deduct a percentage from the retirement benefits of
its enlisted personnel, and to give the same directly to the latter's lawful wife
as spousal support in compliance with a protection order issued by the RTC
pursuant to RA. No. 9262?
YES. We hold that Section 8(g) of RA. No. 9262, being a later enactment,
should be construed as laying down an exception to the general rule that
retirement benefits are exempt from execution. It bears stressing that Section
8(g) providing for spousal and child support, fulfills the objective of
restoring the dignity of women who are victims of domestic violence and
provides them continued protection against threats to their personal safety
and security. (PGMC v. AAA, G.R. No. 201292, August 1, 2018)
Art. 204. The person obliged to give support shall have the option to
fulfill the obligation either by paying the allowance fixed, or by
receiving and maintaining in the family dwelling the person who has a
right to receive support. The latter alternative cannot be availed of in
case there is a moral or legal obstacle thereto.
The person obliged to render support may fulfill his obligation in 2 ways at
his option:
1.Paying the amount fixed or
2.Receiving and maintaining in the family dwelling the person who has a
right to receive support
This 2nd option cannot be availed of when there is a moral or legal obstacle.
For example, a husband in supporting his wife, cannot choose the 2 nd option
if he had been maltreating her (Goitia vs. Campos Rueda).
Art. 205. The right to receive support under this Title as well as any
money or property obtained as such support shall not be levied upon on
attachment or execution.
2
RULE IN CASE OF MULTIPLE OBLIGEES WITH ONE AND THE
SAME OBLIGOR:
General rule: The obligor must satisfy all the claims
Exception: In case the obligor has no sufficient means to satisfy all
claims, the order above (Art. 199) shall be followed
Art. 199. Whenever two or more persons are obliged to give
support, the liability shall devolve upon the following persons
in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters.
Article 199 is important because it establishes the order of
preference for the givers of support. When a relative needs
support, there are many relatives one can go after. That relative in
need cannot choose but must follow the order established in this
Article 199. If a parent needs support from his children, that parent
may chose any of the children. All of the children are solidarily
liable.
4blue 95 notes: parents can demand support from either the
legitimate or illegitimate child/children.
Exception: Between the spouse and a child subject to parental
authority, the child is preferred. (Art. 200 (3))
Art. 200. When the obligation to give support falls upon two
or more persons, the payment of the same shall be divided
between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances,
the judge may order only one of them to furnish the support
provisionally, without prejudice to his right to claim from the
other obligors the share due from them.
When two or more recipients at the same time claim support
from one and the same person legally obliged to give it, should
the latter not have sufficient means to satisfy all claims, the
order established in the preceding article shall be followed,
unless the concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child shall be
preferred.
Article 200 establishes the order of preference for recipients.
When several relatives come to a particular relative for support,
the relative who will give support must follow Article 200.
If the relative who will give support has enough, he must give all
those enumerated in Article 199. If the relative does not have
enough, then the hierarchy enumerated in Article 199 must be
followed.
An minor who is an illegitimate child asks support from his father.
This illegitimate child will not be preferred over the spouse of the
father. Those who will be preferred over the spouse of the father
are those children who are subject to the father’s parental
authority. In this case, since the child is illegitimate, the father has
no parental authority. The illegitimate child will be behind
legitimate children and the spouse of his parent. Illegitimate
children are in Article 199 (2) since there is no distinction between
legitimate and illegitimate.

Q: Despite several relationships with different women, Andrew remained unmarried. His
first relationship with Brenda produced a daughter, Amy, now 30 years old. His second,
with Carla, produced two sons: Jon and Ryan. His third, with Elena, bore him no children
although Elena has a daughter Jane, from a previous relationship. His last, with Fe,
produced no biological children but they informally adopted without court proceedings,
Sandy's now 13 years old, whom they consider as their own. Sandy was orphaned as a
baby and was entrusted to them by the midwife who attended to Sandy's birth. All the
children, including Amy, now live with Andrew in his house. a) In his old age, can
Andrew be legally entitled to claim support from Amy, Jon, Ryan, Jane, and Sandy
assuming that all of them have the means to supporthim? b) Can Amy, Jon, Ryan, Jane,
and Sandy legally claim support from each other?(2008 Bar) A: a) Andrew can claim
support from them all, except from Sandy and Jane, who is not his
child,legitimate,illegitimateoradopted. b) Amy, Jon and Ryan, can legally claim support
from each other under Art. 196 of the FC which provides that brothers and sisters not
legitimately related, whether of the full or half-blood, are bound to support each other
except when the need for support is due to a cause imputable to the claimant’s fault or
negligence. Jane and Sandy, however, cannot legally claim support from each other and
from Amy, Jon and Ryan because they are not related to any ofthem. Q: Under Article
213 of the Family Code, no child under 7 years of age shall be separated from the mother
unless the court finds compelling reasons to order otherwise. 1) Explain the rationale of
thisprovision. 2) Give at least 3 examples of ―compelling reasons‖ which justify the
taking away fromthe mother’s custody of her child under 7 years of age. (2006Bar)
A:
1) The rationale of the provision is that a child below 7 years old needs the love and care
which only its mother can give. The welfare of the child is given the highest priority and
the interest of the child prevails over procedural rules.
2) The following have been considered as ―compelling reasons‖ to deprive a mother of
custody: a. Neglect, b. Abandonment, c. Unemployment, d. Immorality (Espiritu v. CA,
242 SCRA 362 [1995]), e. Alcoholism, f. Drugaddiction, g. Maltreatment, h. Insanity, i.
Highlycommunicableseriousdisease, j. Grave physicalhandicap, k. Serious and credible
threat by the child to ham himself if separated from his mother.(Luna v. CA 137 SCRA 7
[1985])
Q: Distinguish briefly but clearly between: Substitute parental authority and special
parental authority. (2004 Bar)
A: In substitute parental authority, the parents lose their parental authority in favor of the
substitute who acquires it to the exclusion of the parents. In special parental authority, the
parents or anyone exercising parental authority does not lose parental authority. Those
who are charged with special parental authority exercise such authority only during the
time that the child is in their custody orsupervision. Substitute parental authority
displaces parental authority while special parental authority concurs with parental
authority.
Q: If during class hours, while the teacher was chatting with other teachers in the school
corridor, a 7 year old male pupil stabs the eye of another boy with a ball pen during a
fight, causing permanent blindness to the victim, who could be liable for damages for the
boy’s injury: the teacher, the school authorities, or the guiltyboy’sparents?Explain.
(2003Bar)
A: The school, its administrators, and teachers have special parental authority and
responsibility over the minor child while under their supervision, instruction or custody
(Art.218, FC). They are principally and solidarily liable for the damages caused by the
acts or omissions of the unemancipated minor unless they exercised the proper diligence
required under the circumstances. (Art. 219, FC) In the problem, the TEACHER and the
SCHOOL AUTHORITIES are liable for the blindness of the victim, because the student
who causes it was under their special parental authority and they were negligent. They
were negligent because they were chatting in the corridor during the class period when
the stabbing incident occurred. The incident could have been prevented had the teacher
been inside the classroom at that time. The guilty boy’s PARENTS are subsidiarily liable
under Article 219 of the Family Code.
Q: On May 5, 1989, 16-year-old Rozanno, who was issued a student permit, drove to
school a car, a gift from his parents. On even date, as his class was scheduled to go on a
field trip, his teacher requested him to accommodate in his car, as he did, four (4) of his
classmates because the van rented by the school was too crowded. On the way to a
museum which the students were scheduled to visit, Rozanno made a wrong maneuver,
causing a collision with a jeepney. One of his classmates died. He and the three (3) others
were badlyinjured.
A. Who is liable for the death of Rozanno’s classmate and the injuries suffered by
Rozanno and his 3 other classmates? Explain.
B. Under the same facts, except the date of occurrence of the incident, this time in mid-
1994, what would be your answer? Explain. (2010 Bar)
A:
A. At the time the incident occurred in May 1989, Rozanno was still a minor. Being a
minor, Art. 218, (FC) applies. Pursuant to Art. 218, the school, its administrators and
teachers shall be liable for the acts of minor Rozanno because of the special parental
authority and responsibility that they exercise over him. The authority applies to all
authorized activities, whether inside or outside the premises of the school, entity or
institution. The field trip on which occasion Rozanno drove the car, was an authorized
activity, and, thus, covered by the provision. Furthermore, the parents of Rozanno are
subsidiarily liable pursuant to Art. 219 (FC), and principally liable under Art. 221 (FC), if
they are negligent.
B. Since Rozanno was 16 years old in 1989, if the incident happened sometime in the
middle of 1994, Rozanno have been 21 years old at the time. Hence, he was already of
legal age. The law reducing the age of majority to 18 years took effect in December 1989.
Being of legal age, Arts. 218, 219, and 221(FC), are no longer applicable. In such case,
only Rozanno will be personally responsible for all the consequences of his act unless his
school or his parents were themselves also negligent and such negligence contributed to
the happening of the incident. In that event, the school or his parents are not liable under
Art. 218, 218 or 221 (FC), but will be liable under general provision on the Civil Code on
quasi-delict.
3
Q: DON, an American businessman, secured parental consent for the employment of five
minors to play certain roles in two movies he was producing at home in Makati. They
worked at odd hours of the day and night, but always accompanied by parents or other
adults. The producer paid the children talent fees at rates better than adult wages. But a
social worker, DEB, reported to OSWD that these children often missed going to school.
They sometimes drank wine, aside from being exposed to drugs. In some scenes, they
were filmed naked or in revealing costumes. In his defense, DON contended all these
were part of artistic freedom and cultural creativity. None of the parents complained, said
DON. He also said they signed a contract containing a waiver of their right to file any
complaint in any office or tribunal concerning the working conditions of their children
acting in themovies. Is the waiver valid and binding? Why or why not? Explain. (2004
Bar)
A: The waiver is not valid. Although the contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem convenient, they may not do
so if such are contrary to law, morals, good customs, public order, or public policy (Art.
1306). The parents' waiver to file a complaint concerning the working conditions
detrimental to the moral well-being of their children acting in the movies is in violation
of the Family Code and Labor laws. Thus, the waiver is invalidandnotbinding. The Child
Labor Law is a mandatory and prohibitory law, and the rights of the child cannot be
waived as it is contrary to law and public policy.
Q: Gigolo entered into an agreement with Majorette for her to carry in her womb his baby
via in vitro fertilization. Gigolo undertook to underwrite Majorette’s pre- natal expenses
as well as those attendant to her delivery. Gigolo would thereafter pay Majorette P2
million and, in return, she would give custody of the baby to him. After Majorette gives
birth and delivers the baby to Gigolo following her receipt of P2 million, she engages
your services as her lawyer to regain custody of the baby. Is the child entitled to support
and inheritance from Gigolo? Explain. (2010 Bar) A: If Gigolo voluntarily recognize the
child as his illegitimate child in accordance with Article 175 in relation to Article 172 of
the Family Code, the child is entitled to support and inheritance from Gigolo. A. What
legal action can you file on behalf of Majorette? Explain. B. Can Gigolo demand from
Majorette the return of the P2 million if he returns the baby? Explain. (2010 Bar)
A:
A. As her lawyer, I can file a petition for habeas corpus on behalf Majorette to recover
custody of her child. Since she is the mother of the child that was born out of wedlock,
she has exclusive parental authority and custody over the child. Gigolo, therefore, has no
right to have custody of the child and his refusal to give up custody will constitute illegal
detention for which habeas corpus is the properremedy.
B. No, he cannot. Both he and Majorette are guilty of violating the provision of the
AntiChild Abuse Law (RA7610) on trafficking. Being in pari delicto, the parties shall be
left where they are and Gigolo cannot demand the return of what he paid.
Q: Julio and Lea, both 18 years old, were sweethearts. At a party at the house of a mutual
friend, Lea met Jake, also 18 years old, who showed interest in her. Lea seemed to
entertain Jake because she danced with him many times. In a fit of jealousy, Julio shot
Jake with his father’s 38 calibre revolver which, before going to the party he was able to
get from the unlocked drawer inside his father’s bedroom. Jake died as a result of the
lone gunshot wound he sustained. His parents sued Julio’s parents for damages arising
from quasi-delict. At the time of the incident, Julio was 18 years old living with his
parents. Julio’s parents moved to dismiss the complaint against them claiming that since
Julio was already of majority age, they were no longer liable for his acts. 1. Should the
motion to dismiss be granted? Why? 2. What is the liability of Julio’s parents to jake’s
parents? Explain you answer (1993 Bar)
A:
1. No, the Motion to Dismiss should not be granted. Article 236 of the Family Code as
amended by RA 6809, provides in the third paragraph that ―nothing in this Code shall be
construed to derogate from the duty or responsibility of parents and guardians for
children and wards below twenty-one years of age mentioned in the second and third
paragraphs of Article 2180 of the Civil Code.‖
2. The liability of Julio’s parents to Jake’s parents arises from quasi-delict and shall cover
specifically the following: a. P50,000.00 for the death of the son; b. Such amount as
would correspond to lost earning capacity; and c. Moral damages.
Q: On April 15, 1980, Rene and Angelina were married to each other without a marriage
settlement. In 1985, they acquired a parcel of land in Quezon City. On June 1, 1990,
when Angelina was away in Baguio, Rene sold the said lot to Marcelo. Is the sale void or
voidable? (2000 Bar)
A: The sale is voidable. The provisions of the Family Code may apply retroactively but
only if such application will not impair vested rights. When Rene and Angelina got
married in 1980, the law that governed their property relations was the New Civil Code.
Under the NCC, as interpreted by the Supreme Court in Heirs of Felipe v. Aldon (G.R.
No. L-60174, February 16, 1983) and reiterated in Heirs of Ayuste v. Malabonga (G.R
No, 118784, September 2, 1999), the sale executed by the husband without the consent of
the wife is voidable. The husband has already acquired a vested right on the voidable
nature of dispositions made without the consent of the wife. Hence, Article 124 of the
Family Code which makes the sale void does not apply.

PARENTAL AUTHORITY
Parental Authority (patria potestas) – The mass of rights and
obligations which parents have in relation to the person and property of
their children until their emancipation, and even after, under certain
circumstances.
Characteristics of Parental Authority:
1. It is a natural right and duty of the parents over the person and property of
their unemancipated children (Art. 209);
2. It cannot be renounced, transferred, except in cases authorized by law
(Art. 210);
3. It is jointly exercised by the father and the mother (Art. 211);
4. It is purely personal and cannot be exercised through agents; and
5. It is temporary
Rules as to the Exercise of Parental Authority
a. The father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father's
decision shall prevail, unless there is a judicial order to the contrary (Art.
211);
b. If the child is illegitimate, parental authority is with the mother;
c. In case of absence or death of either parent, the parent present shall
continue exercising parental authority (Art. 212);
The marriage of the surviving parent shall not affect parental
authority over the children, unless the court appointsanother person
to be the guardian of the person or property of the children.
d. In case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court.
i. The Court shall take into account all relevant considerations,
especially the choice of the child over 7 years of age, unless the
parent chosen is unfit
ii. No child under 7 years old shall be separated from the mother,
unless the Court finds compelling reasons to order otherwise.
Once parental authority is vested, it cannot be waived except in cases of
adoption, guardianship and surrender to a children’s home or an orphan
institution (Sagala-Eslao v. Court of Appeals, G.R. No. 116773, 1997)
It is not enough to show that the biological mother is a lesbian so that she
can be denied the custody of a child not more than 7 years of age. X must
also demonstrate that she carried on her purported relationship which is not
conducive to the child’s proper moral development. In choosing the parent
to whom custody is given, the welfare of the minor should always be the
paramount consideration. The ―tender-age presumption‖ may be overcome
only by compelling evidence of the mother’s unfitness (Pablo-Gualberto v.
Gualberto, G.R. No. 154994, 2005).
The matter of custody is not permanent and unalterable and can always be
re-examined and adjusted. Custody, even if previously granted by a
competent court in favor of a parent, is not permanent. The paramount
interest of the child should always be considered (Beckett v. Sarmiento,
RTJ-12-2326, 2016).
A joint agreement that the father shall have custody of the child below seven
is void for being contrary to law. To limit this provision’s enforceability to
court sanctioned agreements while placing private agreements beyond its
reach is to sanction a double standard in custody regulation of children under
seven years old of separated parents. This effectively empowers separated
parents, by the simple expedient of avoiding the courts, to subvert a
legislative policy vesting to the separated mother sole custody of her
children under seven years of age (Dacasin v. Dacasin, G.R. No. 168785,
2010).
4
SUBSTITUTE PARENTAL AUTHORITY
In default of parents or a judicially appointed guardian, substitute
parental authority shall be exercised by:
1. The surviving grandparent;
2. The oldest brother or sister, over 21 years old, unless unfit or
disqualified;
3. The child's actual custodian, over 21 years old, unless unfit or
disqualified (Art. 216)
The best interest demands a determination if the mother is unfit;
and if so, whether it is best that custody be with her father rather
than her grandparents upon whom the law accords a far superior
right to exercise substitute parental authority. (Masbate and
Spouses Masbate v. Relucio, G.R. No. 235498, 2018)
In case of foundlings, abandoned children, neglected children, or
abused children, and other children similarly situated, summary
judicial proceedings shall be instituted so that they may be
entrusted to:
a. Heads of children’s homes
b. Orphanages, or
c. Similar institutions duly accredited by the proper government
agency (Art. 217)
SPECIAL PARENTAL AUTHORITY
Person Exercising Special Parental Authority:
a. School
b. Administrators and teachers
c. Individual, entity, or institution engaged in childcare
2022 NOTE: Special parental authority can be exercised only over
minors while under their supervision, instruction, or custody. The
authority and supervision also attach to all authorized activities whether
inside or outside the school, entity or institution.
Liability of those Exercising Special Parental Authority Over the Child
They are principally and solidarily liable for damages caused by the acts or
omissions of the child while under their supervision, instruction or custody.
However, this liability is subject to the defense that the person exercising
parental authority exercised proper diligence.
The parents and judicial guardians of the minor or those exercising substitute
parental authority over the minor are subsidiarily liable for said acts and
omissions of the minor.
The responsibility given to an academic institution for the welfare of its
students has been characterized by law and judicial doctrine as a form of
special parental authority and responsibility. This responsibility has been
amplified by the enactment of the Anti-Hazing Law, in that the failure by
school authorities to take any action to prevent the offenses as provided by
the law exposes them to criminal liability as accomplices in the criminal
acts. Thus, the institution and its officers cannot stand idly by in the face of
patently criminal acts committed within their sphere of responsibility. They
bear the commensurate duty to ensure that the crimes covered by the Anti-
Hazing Law are not committed (People v. Bayabos, G.R. No. 171222,
2015).
4BLUE95. Parental authority terminates at the age of 18. This extends to
both parental authority over the person and the property of the child.
 5

EFFECT OF PARENTAL AUTHORITY OVER THE CHILD’S EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF
PERSON THE CHILD:

a. The father and mother shall jointly exercise legal guardianship over the
Parental Rights and Duties: property of the minor common child without court appointment

a. To keep them in their company
b. To support, educate and instruct them by right precept and good example
c. To provide for their upbringing in keeping with their means
d. To give them love and affection, advice and counsel, companionship and
understanding
e. 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
f. 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
g. To represent them in all matters affecting their interests
h. To demand from them respect and obedience
i. To impose discipline on them as may be required under the circumstances
j. To perform such other duties as are imposed by law upon parents and
guardians.
b. In case of disagreement, the father’s decision shall prevail, unless there is
judicial order to the contrary
c. If the market value of the property or the annual income of the child
exceeds P50,000, the parent is required to furnish a bond of not less than
10% of the value of the child’s property or income
d. The property of the unemancipated child earned or acquired with his work
or industry or by onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively for support and education,
unless the title or transfer provides otherwise
• The fruits and income of the child’s property shall be limited
primarily to the child’s support and secondarily to the collective
daily needs of the family.

The person exercising substitute parental authority shall have the same 2 Kinds of Properties of Minors
authority over the person of the child as the parents.
1.Adventitious (Article 226)
In no case shall the school administrator, teacher, or individual engaged in
childcare and exercising special authority, inflict corporal punishment upon Adventitious property is earned or acquired by the child through his work or
the child (Art. 233) industry or by onerous or gratuitous title.

The child owns this property.

Liability of Persons Exercising Parental Authority
Civilly liable for the injuries and damages caused by the acts or omissions of
their unemancipated children living in their company and under their
parental authority
The child is also is the usufructuary as the child enjoys the fruits unless the
mode of transfer provides otherwise. The fruits and income of adventitious
property must be applied primarily for the child’s support and secondarily
for the family’s collective needs (Article 226, ¶2).
The property is administered by the parents since the child has no capacity to
act.

Profectitious (Article 227)

Profectitious property is owned by the parents. However, this property is

SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Grounds for Suspension of Parental Authority:
a. Conviction of parent for crime with civil interdiction
b. Treats child with excessive Harshness and cruelty
c. Gives corrupting Orders, counsel, or example
d. Compels child to Beg
e. Subjects to or allows him to be subjected to Acts of lasciviousness
Revival of Suspended Parental Authority:
given to the child for him to administer. For example, the parents may own
a farm. Their child is 17 years old. To teach him industry, the parents tell
the child to harvest and take care of the farm.
The parents own this type of property.
The parents are the usufructuary. However, the child is entitled to a monthly
allowance which should be not less than what the owner of the property
would have paid an administrator. The parents may give the entire proceeds
of the property to the child.
The property is administered by the child.

If under a: The authority is automatically reinstated upon service of the

penalty or upon pardon or amnesty of the offender

If under b-e: The suspension or deprivation may be revoked and the parental
authority revived in a case filed for the purpose or in the same proceeding if
the court finds that the cause therefore has ceased and will not be repeated

TERMINATION OF PARENTAL AUTHORITY:

a. Death of parents
b. Death of child
c. Emancipation of child
d. Parents exercising parental authority has subjected the child or allowed
him to be subjected to sexual abuse (ground for permanent termination)

Other Cases Where Parental Authority May Be Terminated (Art. 229)

a. Adoption of child
b. Appointment of general guardian
c. Judicial declaration of abandonment
d. Final judgment divesting parental authority
e. Judicial declaration of absence or incapacity of person exercising parental
authority
 6

SOLO PARENTS (REP. ACT NO. 8972)

Who are solo parents: Any individual falling under any of the following OTHER RIGHTS AND BENEFITS (SEC. 6-11):
categories:
a. Flexible Work Schedule: Provided, it does not affect individual and
1. A woman who gives birth as a result of rape and other crimes against company productivity and the employer is not granted an exemption by
chastity even without a final conviction of the offender: provided, that the DOLE.
mother keeps and raises the child; b. No work discrimination

2. Parent left solo or alone with the responsibility of parenthood:
2.1. due to death of spouse;
2.2. while the spouse is detained or is serving sentence for a
criminal conviction for at least one (1) year;
2.3. due to physical and/or mental incapacity of spouse as
certified by a public medical practitioner;
2.4. due to legal separation or de facto separation from spouse
for at least one (1) year, as long as he/she is entrusted with the
custody of the children;
2.5. due to declaration of nullity or annulment of marriage as
decreed by a court or by a church as long as he/she is entrusted
with the custody of the children;
2.6. due to abandonment of spouse for at least one (1) year;
c. Parental leaves of not more than seven (7) working days every year,
provided the solo parent employee has rendered services of at least one year
d. Educational Benefits such as:
d.1. Scholarship programs for qualified solo parents and their children in
institutions of basic, tertiary, and technical/skills education; and
d.2. Nonformal education programs appropriate for solo parents and children
e. Housing Benefits:
e.1. Allocation in housing projects
e.2. Liberal terms of payment on said government low-cost housing projects
• With priority given to applicants below poverty line as declared by NEDA.

3. Unmarried mother/father who has preferred to keep and rear her/his f. Medical assistance
child/children instead of having others care for them or give them up to a
welfare institution;

4. Any other person who solely provides parental care and support to a child
or children;

5. Any family member who assumes the responsibility of head of family as a

result of the death, abandonment, disappearance or prolonged absence of the
parents or solo parent.

Provided, that a change in status or circumstance of a parent claiming

benefits under this Act, such that he or she is no longer left alone with the
responsibility of parenthood, shall terminate his or her eligibility for benefits
under this Act (Sec. 3(a)).

Comprehensive Package of Social Development and Welfare Services

The package to be developed by the departments concerned will initially

include:

a. Livelihood development services, including trainings on livelihood skills,

basic business management, value orientation, and provision of seed capital
or job placement
b. Counseling services, including individual, peer group, or family
counseling
c. Parent effectiveness service, including provisions and expansion of
knowledge and skills of solo parent on early childhood development,
behavior management, health care, rights and duties of parents and children
d. Critical incidence stress debriefing, including preventive stress
management designed to assist solo parent in coping with crisis situations
and abuse
e. Special projects for individuals in need of protection, including temporary
shelter, counseling, legal assistance, medical care, self-concept or ego-
building, crisis management and spiritual enrichment (Sec. 5)

WHO ARE ENTITLED:

Any solo parent whose income in the place of domicile falls below the
poverty threshold set by NEDA and subject to the assessment of the DSWD
worker in the area

On the other hand, a solo parent whose income is above the poverty
threshold shall enjoy the following benefits:
a. Flexible Work Schedule
b. Freedom from work discrimination
c. Parental Leave