Parental Authority Article 313

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Art. 313. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession.

The courts may, in cases specified by law, deprive parents of their authority.

1.) Parental Authority a right and a duty

a) A right

b) A duty

Parents have the natural right, as well as the moral and legal duty to care for their children, see

to their upbringing and safeguard their best interest and welfare. This authority and responsibility may not be unduly denied the parents, neither be it be renounced by them.

2.) Consequences

a) It is in transmissible because it is purely personal.

b) Thus if the parents die, the administrator of their estate does not exercise parental authority over the children.

c) It cannot, as a rule, be waived. It can be waived only in four cases, namely:

1) When there is guardianship approved by the court.

2) When there is adoption approved by the court.

3) When there is emancipation by concession.

4) When there is surrender of the child to an orphan asylum.

d) Just because the mother delivers a minor child to his godfather for maintenance and education, it does not mean that there is a waiver of patria potestas.

Patria Potestas (power of the father) the authority which is lawfully exercised by the father over his children.

e) If an illegitimate child of an American soldier and a Filipino woman is given to a friend under a document which say, “I hereby entrust to Mrs. Soledad Cafuir my son… I hereby designate her as the real guardian of my son,” all because at the time of surrender she was still a minor and in o position to take care of the child, can the mother still get by the writ of habeas corpus the child from Mrs. Soledad Cafuir?

Writ Of Habeas Corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Held: Yes, Because There was no waiver at all of patria potestas, for the word “entrust” and the words “real guardian” suggest merely a temporary custody, not a renunciation.

f) While an abandonment is void, and is not equivalent to a waiver, still one effect of such an action is to deprive the abandoning parent of the right to support in view of this forgetfulness of natural, moral, and legal obligations. Moreover abandonment can cause deprivation of parental authority.