Category: CHAPTER 2. SUBSTITUTION AND SPECIAL PARENTAL AUTHORITY

Article 216

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By: A.Tasing

Substitute Parental Authority

  • Order of persons who can exercise substitute parental authority:
  1. Surviving grandparent;
  2. Oldest brother or sister, over 21 years of age, unless unfit or disqualified.
  3. The child’s actual custodian, over 21 years old, unless unfit or disqualified.

The same order of preference is observed for the appointment of a judicial guardian over the property of the child.

Order of preference is not mandatory ; the paramount interest of the child is the basis of custody and care.

Authority of persons exercising substitute parental authority:

  • Same authority over the person of the child as the parents.
  • Can inflict corporal punishment over the child.

Liability of persons exercising authority:

  • Civilly liable for the injuries and damages caused by the acts or omissions of the of the unemancipated children.

Question:

State the nature of the order of preference for persons who can exercise substitute parental authority.

Answer:

The order of preference for persons who can exercise substitute parental authority is not mandatory. The court is not bound to decide in consideration of the order of preference. The paramount interest of the child is the basis of custody and care

 

Articles 218 & 219

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By Karl Dane Ylagan

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)