Article 212

by: Jomely Rose N. Ortiola

In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children.

• First Sentence – death of either parent
• Second Sentence – remarriage of parent
• Either of the two will not terminate nor affect the parental authority over children.
• In case of remarriage, if clearly shown that surviving parent cannot undertake the necessary devotion, care, loyalty and concern toward the children,  the court may appoint another person to be the guardian of the person or property of the children.