Parental Rights and Responsibilities in the Philippines

How do parents establish and exercise their legal rights and responsibilities over their children in the Philippines?

Parental rights and responsibilities in the Philippines are governed by various laws, primarily the Family Code of the Philippines (Executive Order No. 209) and the Child and Youth Welfare Code (Presidential Decree No. 603). These laws outline the legal framework for parental authority, custody, and the rights of children.

Parental Authority

Parental authority refers to the set of rights and duties that parents have over their minor children. It includes the duty to provide for their upbringing, education, and overall welfare. Both parents jointly exercise parental authority over their legitimate children. In cases where the parents are separated, annulled, or divorced, the court determines who will exercise parental authority, often considering the best interests of the child.

Custody of Children

Custody refers to the care and control of a child. In the Philippines, custody laws are designed to protect the welfare of the child. Generally, custody of a child under seven years old is awarded to the mother, unless there are compelling reasons to rule otherwise. For older children, the court considers several factors, including the child's preference, provided the child is of sufficient age and intelligence to make an informed decision.

Illegitimate Children

For illegitimate children, parental authority is exercised solely by the mother. However, the father has the right to visitation and to provide support for the child. If the parents of an illegitimate child later marry, the child is legitimated and parental authority is then exercised jointly by both parents.

Rights of Parents

Parents have several rights over their children, including the right to:

1. Physical custody and control over the child.
2. Make decisions about the child's education, religious upbringing, and healthcare.
3. Administer the child’s property and represent the child in legal matters, subject to the provisions of the Family Code.

Responsibilities of Parents

With these rights come significant responsibilities. Parents must:

1. Provide for the child's basic needs, including food, shelter, clothing, and medical care.
2. Ensure the child's education and moral development.
3. Protect the child from harm and abuse.
4. Guide the child in making decisions and developing a sense of responsibility and independence.

Support

Both parents are legally obligated to support their children, whether legitimate or illegitimate. Support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

Legal Remedies

If a parent fails to meet their responsibilities or abuses their authority, legal remedies are available. The other parent or a concerned relative may file a petition in court to terminate or suspend parental authority. The court can also appoint a guardian to protect the child's interests.

In conclusion, the laws in the Philippines provide a comprehensive framework to ensure that parents fulfill their duties and exercise their rights responsibly, always prioritizing the best interests of the child.