Who Has Parental Authority Over a Child in the Philippines?
Direct answer: As a general rule, the father and mother jointly exercise parental authority over their common legitimate children. For an illegitimate child, Article 176 of the Family Code places parental authority with the mother.
For the complete framework, see Child Custody and Parental Authority in the Philippines.
What Is Parental Authority?
Article 209 describes parental authority as the natural right and duty of parents to care for and rear their unemancipated children and to promote their moral, mental, and physical development and well-being.
Legitimate Children
Article 211 provides that the father and mother jointly exercise parental authority over their common children, subject to judicial orders and other specific rules under the Family Code.
Illegitimate Children
Article 176 expressly provides that an illegitimate child is under the parental authority of the mother. Supreme Court jurisprudence has repeatedly confirmed that recognition by the father does not, by itself, transfer parental authority from the mother.
What Happens if a Parent Dies or Is Absent?
Article 212 provides that if one parent is absent or dies, the parent who remains generally continues exercising parental authority, subject to the child’s status and other applicable provisions.
Can Parental Authority Be Transferred?
Article 210 states that parental authority may not be renounced or transferred except in cases authorized by law.
Related: Parental Authority vs Child Custody and What Decisions Can a Parent Make Under Parental Authority?
Related Parental Authority Guides
- Child Custody and Parental Authority in the Philippines
- Parental Authority Over an Illegitimate Child
- Parental Authority After Parents Separate
- Parental Authority vs Child Custody
- Suspension or Termination of Parental Authority
Primary Sources
General legal information only. Court orders, adoption, death, absence, unfitness, and other circumstances can affect who actually exercises authority in a particular case.
