CIVIL LAW > FAMILY CODE > MARRIAGE > PARENTAL AUTHORITY > EFFECTS OF PARENTAL AUTHORITY

Parental authority is the comprehensive set of rights and duties that parents legally hold over their unemancipated children for their care, development, and property management. In the Philippines, the Family Code (Executive Order No. 209) and subsequent jurisprudence provide the framework for understanding parental authority and its effects, as summarized below:

1. Parental Authority Defined (Family Code, Articles 209-233)

Parental authority encompasses the rights and obligations of parents regarding the care, education, development, and property management of their minor children. This authority is inherently vested in both parents equally and is intended to serve the welfare and best interests of the children.

2. Legal Basis of Parental Authority (Article 209)

The Family Code explicitly recognizes parental authority as a statutory duty and a natural obligation stemming from parental rights. The primary legislation governing parental authority includes:

Family Code of the Philippines (E.O. No. 209, as amended)
Civil Code provisions on parental rights and obligations
Revised Penal Code, particularly on parental delinquency
Philippine jurisprudence, which interprets the practical application of these provisions.

3. Primary Components of Parental Authority (Articles 220-222)

Parental authority is composed of two essential components:

Custody and Care: Refers to the right and duty of parents to have physical custody of their children, including decisions on day-to-day matters affecting the child.
Management of Property: Refers to the parents' authority to oversee the property and assets of their unemancipated children, ensuring that these assets are preserved and used in the best interests of the child.

4. Scope and Limits of Parental Authority

Parental authority includes both rights and obligations, specifically:

Physical and Legal Custody: Parents are required to exercise control, guidance, and custody over their children until they reach the age of majority or become emancipated.
Educational Decisions: Parents have the right to decide the child’s educational path and moral upbringing, based on their religious, cultural, or social beliefs, as long as these do not contravene established laws and public policy.
Health and Welfare Decisions: Parents must decide on issues involving the child’s health, including medical care, vaccinations, and mental health treatment, based on the child’s best interests.
Property Management: While parents may administer their children’s property, they cannot use, dispose of, or encumber it without judicial approval in certain cases, particularly when it involves significant assets or property rights.

5. Delegation of Parental Authority (Articles 223-224)

Parents may delegate authority in specific instances, such as entrusting children to the care of grandparents, guardians, or school authorities. The delegation is generally temporary and does not transfer the full scope of parental rights.
Delegation to Schools and Institutions: Educational institutions and authorized caregivers may exercise authority and discipline over children under their care but must act within the bounds prescribed by law and avoid infringing on the fundamental parental authority.

6. Effects of Parental Authority on the Child (Articles 225-226)

Compliance and Obedience: Children are expected to respect and follow the decisions and instructions of their parents, provided these do not compromise the child’s physical, mental, or moral integrity.
Discipline: Parents have the authority to discipline their children within reasonable and humane bounds, ensuring that such discipline does not constitute abuse.
Restitution for Wrongful Acts: If a child, under parental custody, commits a tort or unlawful act that results in damages to a third party, parents may bear civil liability for these damages, underscoring their duty to guide and control the child’s behavior.

7. Termination and Suspension of Parental Authority

Parental authority generally ceases when the child reaches the age of majority (18 years) or becomes legally emancipated, except in cases where:

Judicial Decree: Courts may suspend or terminate parental authority in cases where parents are deemed unfit due to abuse, neglect, abandonment, or incapacity.
Voluntary Relinquishment: Parents may relinquish authority if they are unable to care for the child adequately, but such relinquishment often requires court approval.
Marriage or Legal Adoption: A minor’s marriage or legal adoption by another individual also terminates the parental authority of biological parents, subject to court confirmation.

8. Cases of Joint and Sole Parental Authority (Articles 211-213)

In normal marital relationships, both parents exercise joint authority.
Separation or Annulment: When parents separate or annul their marriage, custody and parental authority are determined by the court based on the child’s best interests.
Death or Absence of One Parent: The surviving or present parent retains full authority over the child unless otherwise disqualified by the court.
Child of Unmarried Parents: Parental authority is vested in the mother if the parents are unmarried unless the father voluntarily acknowledges the child and the court grants joint or shared authority.

9. Judicial Intervention in Parental Authority (Articles 227-228)

Parental Misconduct or Neglect: If parents are found to be abusive, negligent, or unfit, the court may modify or revoke their parental authority to protect the child’s welfare.
Intervention in Property Management: Courts may also intervene in cases where parents misuse or mishandle a child’s property, ensuring that the assets are managed in the child’s best interest.

10. Parental Authority in Relation to Third Parties

Parental authority confers rights against third parties, which includes:

Interference with Custody: Third parties must respect parental authority unless otherwise sanctioned by law. Unauthorized interference with parental rights may result in civil or criminal penalties.
School and Medical Decisions: Third parties, such as teachers, doctors, and childcare providers, must defer to parental authority, especially in decisions concerning the child’s education, health, or upbringing.

11. Penalties for Violation of Parental Authority (Article 233)

Violations of parental authority or failure to exercise it in a way that prioritizes the child’s well-being may lead to civil, administrative, and criminal penalties under various Philippine laws. These penalties are imposed to safeguard children’s welfare and hold parents accountable for failing to fulfill their legal obligations.

Conclusion

In summary, the Family Code of the Philippines grants parents significant rights and duties in the care, custody, discipline, and property management of their children. However, these rights are balanced with strict limitations to prevent abuse, neglect, or exploitation of the child’s rights. Parents must act with the child’s best interests as their primary consideration, with oversight by the courts when necessary. The laws strive to balance the respect for family autonomy with the state's duty to protect minors and ensure a conducive environment for their growth and development.