Special Parental Authority

Special Parental Authority | Parental Authority | Marriage | FAMILY CODE

Under the Philippine Family Code, special parental authority arises in circumstances where the responsibility for a minor child’s safety, care, and discipline is vested in individuals or institutions outside the natural family setting. Here’s a comprehensive analysis of the laws, provisions, and related jurisprudence on Special Parental Authority under Civil Law > Family Code > Marriage > Parental Authority:


I. Legal Basis for Parental Authority

  1. Article 209 of the Family Code establishes parental authority as a “natural right and duty of parents over the person and property of their children.”

  2. Article 218 and Article 219 of the Family Code extend this authority in specific instances to educational institutions, as well as those entrusted with the care of minors, specifically within the concept of "special parental authority."

II. Special Parental Authority in Educational Institutions and Other Entities

1. Definition and Scope

  • Special parental authority refers to the vested authority given to individuals and institutions such as schools, administrators, teachers, and individuals/entities involved in providing care to children.

  • Article 218: “The school, its administrators, and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.”

  • This provision covers a broad range of situations and institutions, aiming to provide additional safeguards for minors when parents are not directly supervising their children.

2. Entities Given Special Parental Authority

  • Schools and Academic Institutions: Includes public and private schools, including administrators and teaching personnel.

  • Individuals and Institutions Engaged in Childcare: This includes daycare centers, recreational institutions, and child-focused organizations, among others. This also encompasses those offering extracurricular activities, such as sports coaches and art teachers.

3. Circumstances That Trigger Special Parental Authority

  • Special parental authority arises when the minor is:
    • Within the institution's premises (school grounds, daycare, etc.).
    • Engaged in an activity under the institution's direction (field trips, educational tours).
    • Directly under the instruction or supervision of institution personnel (in classrooms, playgrounds, etc.).

4. Duration and Limitations

  • The authority and responsibility persist only while the minor is under the supervision, instruction, or custody of the entity or institution.

  • Once the child is no longer under this supervision, this authority ceases. For example, after school hours or once a child leaves the school premises without the intention of attending a school function or activity, special parental authority generally ends.

III. Liability of Those With Special Parental Authority

1. General Liability Rules

  • Article 218 imposes a duty on these individuals/entities to exercise proper diligence to prevent harm or injury to minors.

  • Article 219 provides that any harm or injury caused to the minor by reason of negligence on the part of these individuals/institutions makes them liable, based on their duty of care.

2. Negligence and Burden of Proof

  • In cases where injury or harm is suffered by a minor, institutions with special parental authority are generally presumed liable under Article 218.

  • They must demonstrate that they exercised due diligence in the supervision of the minor to escape liability. This diligence is assessed based on the standards that would apply to a reasonably prudent person in a similar role.

3. Distinguishing Between Civil and Criminal Liability

  • While institutions and individuals with special parental authority are civilly liable for negligence leading to harm, criminal liability typically remains personal and does not automatically extend to the institution unless the institution directly contributes to the harmful action.

IV. Key Jurisprudence on Special Parental Authority

Several notable cases clarify the scope and limits of special parental authority in the Philippines:

  1. St. Mary’s Academy v. Cuenca (G.R. No. 131655, April 1, 1999)

    • This case established that schools and teachers have a special parental authority during school hours and in school premises, clarifying that this authority is directly tied to the supervision and custody of the minor.
  2. Mercado v. Court of Appeals (G.R. No. 107708, December 17, 1993)

    • The Court ruled that schools are not automatically liable for injuries sustained by students unless it can be proven that the school did not exercise the proper standard of care expected under the circumstances.
  3. Jarco Marketing Corporation v. Court of Appeals (G.R. No. 129792, December 21, 1999)

    • Emphasized that businesses or institutions engaged in child-centered activities (e.g., malls with play areas) also bear special parental authority and are accountable for ensuring the safety of minors within their premises.

V. Exceptions to Special Parental Authority

  • When the Child is with the Parent or Guardian: If the parent or guardian is present, the responsibility shifts primarily to the parent unless the institution assumes control over the child’s activity.

  • Activities Outside Supervision Scope: If an injury occurs outside the scope of the institution’s supervision, such as during after-hours or unauthorized activities, special parental authority is generally not applicable.

VI. Implications of Special Parental Authority in the Philippines

  • Enhanced Safeguards for Minors: The law provides children with added protection, ensuring that any institution or individual involved in their care is both responsible and liable for their safety.

  • Clear Boundaries for Responsibility: Special parental authority delineates a clear framework for when schools and other institutions are accountable for minors’ safety and when liability ceases.

  • Encouraging Diligence Among Caregivers: Schools and institutions are incentivized to maintain high standards of care to avoid potential legal consequences, ensuring minors are protected and supervised adequately.


In summary, special parental authority under Philippine law is designed to impose responsibility on schools and similar entities over the minors in their custody. This authority serves to protect minors from harm and hold institutions accountable for any negligence resulting in injury. Through clear boundaries and precedent, this doctrine emphasizes the duty of care owed to minors, reinforcing societal and legal expectations of safeguarding young individuals.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.