By Marte Oquias
Chapter 5. Suspension or Termination of Parental Authority
Art. 228. Parental authority terminates permanently:
- (1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child
Category: CHAPTER. 5 SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Article 229
By: Steve Louie C. Corpuz
Article 229. Unless subsequently revived by a final judgment, parental authority terminates:
- Upon adoption of the child;
- Upon appointment of a general guardian;
- Upon judicial declaration of abandonment of the child in a case filed for the purpose;
- Upon final judgment of a competent court divesting the party concerned of parental authority; or
- Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a)
Effects of Article 229.
The grounds referred to in the said likewise terminate parental authority. However, such termination is not permanent as it can be revived by a court order unlike in article 228 and article 232.
Judicial termination of parental authority
Termination of parental authority is such a drastic step that it can only be allowed on legal grounds. Ditto sa judicial termination, pinoprotectahan ang bata upang hindi sila gumawa ng anu mang mapait na sakripisyo at desisyon sa kanyang magulang, ang Court ang nag teterminate nito para sa kanila pag mayroong nakita ang corut na sa pat na dahilan ukol dito. Sa termination of parental authority meron tayong tinatawag na civil interdiction, kung saan mawawalang ang magulang ng parental authority at iba pa sa kanyang pamilya o ari-arian. Ginagawa ito pa gang magulang ay nasangkot sa krimen na may accessory penalty na civil interdiction.
Adoption
Ang gusto ng batas sa adoption ay maituting ng adoptor at adoptee ang isat-isa na parang tunay na magkapamilya kaya naman sa adoption ay pinuputol nito an lahat ng kaugnayan ng adoptee sa kanyang biological parents at ibibigay ito sa adoptor.
Judicial declaration of abandonment
Abandonment is the neglect or refusal to perform the natural and legal obligations of care and support which parents owe their children. This hurts me so much, bakit kayo mag a-anak kung ineneglect nyo lang ang mga anak nyo? Buti nalang may ganitong article laban sa mga pabayang magulang o magulang na hindi pa handing pumasok sa isang pamilya.
Kapag inabandona nyo ang anak ninyo, yung meaning ng abandonment nasa taas na paragraph, maaaring maalis ang inyong parental authority sa inyong anak. Kaya mahalin nyo sila dahil wala silang kasalanan at maaaring sila ang maging susunod na president ng Pilipinas
Divestment by final Court judgment
Sa Divestment by final court judgment sobrang careful ng court, they proceed with the utmost caution in proceeding with the severance of parental authority. Kaylangan ditto ng clear and convincing proofs bago ma issue ang Decree of Termination of Parental Authority.
Judicial declaration of Absence or incapacity
Dito naman ay pag iniwanan o walang kakayahan ang magulang upang magalaga ng kanyan anak. Mateterminate ditto ang Parental Authority.
Article 230
By Maielle De Lumban
Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)
Article 231
By Ian dela Cruz
Family Code of the Philippines
The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated.
Grounds for Suspension of Parental Authority
1. Treats child with excessive harassment and cruelty
Parents have the duty to discipline their children in which they have the authority to inflict some for of corporal punishment, the same should not be excessive.
2. Gives corrupting orders, counsel or example
Parents have the duty to provide the children with moral and spiritual guidance, to teach them honesty, integrity and self-discipline. Hence the parents themselves should not teach their child to steal, rob, lie and hurt people.
3. Compels child to beg
Parents have the duty to inculcate their child to self-reliance thru lawful activities, if the parents teaches their children to beg, he or she thereby destroy the very potential of the children to be productive.
4. Subjects or allows acts of lasciviousness
A parent that have prurient behavior can cause the children with great emotional, psychological and physical harm to the victim-child.
5. Culpable Negligence
Parents that have cases which have resulted from culpable negligence deemed to suspend their parental authority to a child.
Article 232
By Nitzshell Torres – Dela Torre
Chapter 5 – Article 232
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Article 232.
If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority .
SEXUAL ABUSE. For a parent to sexually abuse his or her child or allow the said child to be subjected to sexual abuse is clearly a serious act of moral depravity and corruption. Such parent cannot be expected to rear his or her children in a healthy, wholesome, and upright way and can even rise to serious traumatic and psychological problems on the part of the children.
EFFECT OF ARTICLE 232 . To highlight the gravity of sexual abuse as a ground for termination of parental authority, the members of the Civil Code and Family Law committees made a separate articles for that purpose, that provides, if such perverse ground occurs, the parents shall be permanently deprived of their parental authority, but, parental authority cannot be revived if the parents or the persons exercising parental authority were found to be subjected to sexual abuse pursuant to this article.
GROUNDS FOR TERMINATING PARENTAL AUTHORITY under the Revised Penal Code. Art. 278 of the Revised Penal Code provides, among others, that it is unlawful for any ascendants, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age to deliver, either gratuitously or in consideration of any price, compensation or promise, such child to any habitual vagrant or beggar, or to any person who, being an acrobat, gymnast, rope – walker, diver, wild animal tamer, circus manager, or engaged in a similar calling who employs said children in exhibitions. In case it is the parents who entrust such child, he or she may be deprived, temporarily or perpetually,in the discretion of the Court, of his or her parental authority and shall be punished by the penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500.00
Article 233
By : Jofenn Escalante
The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in child care and exercising parental authority, inflict corporal punishment upon the child.
CORPORAL PUNISHMENT
Corporal punishment is the infliction of disciplinary measure to a student. This is absolutely prohibited under the Family Code.
RIGHT OF THE PARENT TO INFLICT CORPORAL PUNISHMENT
It must be noted that only persons exercising special parental authority cannot inflict corporal punishment. Parents and persons exercising substitute parental authority can inflict corporal punishment.
Articles 234, 235, 236 & 237
Article 234-237
Emancipation and age of majority
Article 234– as amended by Republic Act 6809, that the emancipation takes place by the attainment of majority, that the age of majority commences at the age of eighteen year old. Eventually, marriage is not a ground for emancipation because it is necessary to contract marriage at age of 18, however if, the contracting party even has acquired parental consent while at the age of below 18 year old at the time of celebration of marriag,e it is void under the express provision of Art 35 of the Family Code.
Article 235-Repealed by Republic Act no. 6809.
Article 236– The responsibility of the parents over the emancipated child when it come to the wrongful act or omission will be the liability by said parents or guardians however, the article 2180 1st and 2nd paragraph was superseded by Article 221 of the Family Code which provides:
“Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses by law”
Article 237– Repealed by Republic Act no. 6809
Elcano v. Hill, 77 SCRA 98
FACTS:
Reginald Hill, a minor, married but living with his father, Atty. Marvin Hill with whom he was living and getting subsistence killed Agapito Elcano.
CFI Civil Case: dismissed on the ground that he was acquitted on the ground that his act was not criminal, because of “lack of intent to kill, coupled with mistake Spouses Elcano appealed
ISSUES:
Whether or Not the Civil Code can be applied to Atty. Marvin Hill even though Reginald is already married –YES
HELD:
YES,While it is true that parental authority is terminated upon emancipation of the child , emancipation takes place “by the marriage of the minor (child)”, it is, however, also clear that, emancipation by marriage of the minor is not really full or absolute. Thus “(E)mancipation by marriage or by voluntary concession shall terminate parental authority over the child’s person. It shall enable the minor to administer his property as though he was of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian.” order appealed from is reversed.
PERSONS AND FAMILY RELATIONS 