Parental Responsibility to their Child under Philippine Law

Query: What law outlines the responsibility of a parent to their child in the Philippines?

In the Philippines, the responsibility of parents to their children is primarily governed by the Family Code of the Philippines (Executive Order No. 209). This code provides a comprehensive legal framework addressing parental duties and rights, focusing on ensuring the welfare and development of children.

1. Parental Authority and Responsibility

Under the Family Code, parents have what is termed "parental authority and responsibility" over their unemancipated children. This encompasses a wide range of duties and rights, including the duty to support, educate, and discipline their children. Parental authority is a set of rights and obligations that parents exercise for the benefit of their minor children, ensuring their well-being and development.

2. Right to Support

Article 195 of the Family Code specifies that parents are obliged to support their children. Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. The right to support continues until the child reaches the age of majority (18 years) or becomes emancipated.

3. Right and Duty to Educate

One of the critical responsibilities of parents under the Family Code is the duty to provide for the education of their children. This includes formal education as well as the development of good moral character, ethical values, and social responsibilities. The parents must guide and support their children in their educational pursuits, ensuring they have the necessary tools and resources to succeed.

4. Duty to Provide a Safe and Loving Environment

Parents are also mandated to provide a safe, nurturing, and loving environment for their children. This involves protecting them from harm, providing emotional support, and fostering a healthy familial relationship. The parents must ensure the physical, psychological, and emotional well-being of their children.

5. Discipline and Guidance

The Family Code allows parents to discipline their children, provided it is reasonable and does not involve any form of abuse. Parental discipline should aim at teaching children right from wrong, instilling values, and guiding them to become responsible members of society.

6. Joint Parental Authority

Both parents jointly exercise parental authority and responsibility over their children. In the event of a disagreement, the decision of the father prevails unless there is a judicial order to the contrary. This joint authority emphasizes the equal importance of both parents in the upbringing of their children.

7. Termination of Parental Authority

Parental authority may be terminated under specific circumstances, such as the death of the parents, emancipation of the child, or by judicial order in cases where the parents are found unfit. However, even when parental authority is terminated, the obligation to support may continue if deemed necessary.

Conclusion

The Family Code of the Philippines provides a clear and detailed framework for parental responsibility, ensuring that the welfare and development of children are prioritized. Parents are legally bound to support, educate, discipline, and provide a safe and loving environment for their children. This legal structure aims to promote the holistic development of children and prepare them for a responsible adulthood.