Parental Authority Article 314

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Art. 314. A foundling shall be under the parental authority of the person or institution that has reared the same. 

Fundling refers to a deserted or abandoned infant or child whose parents, guardians or relatives are unknown; or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and reggistered in the Civil Regiter as a "fundling". An abandoned child is called a fundling, as opposed to a runaway or an orphan.



In the cases above, the children may either have no guardians at all or their parents or guardians have neglected them or have abused them by maltreating them or by using them in prostitution, etc. In a summary judicial proceeding, there is no need for formal hearing. The court may accept informal oral testimonies, affidavits, etc.


The founder of the fundling has parental authority over it and a mere affidavit will authorize registration of the funding in the civil registry. It cases wher the fundlings have already established their residences in their founders' homes, there is a vested right on the part of the founders over them that cannot be impaired by the retro active effect of this Code.

One day in a little town, two people live called Theresa and Timothy. They weren’t wealthy people and lived I a small farm house with a new born baby. After 6 weeks they were relocated by the government to another little town about an hour away, as they couldn’t afford to live in their home anymore. They were forbidden to bring their child as they were moving to an old hospital, which had half broken down, cement floors that had been half turn up, roves with lost pavers that lie along it, blankets made out of straw, and mattresses with holes in them. In this case, it is not a very pleasant place to bring up child.

Along with the other villages they were forced with no choice to move all without their child. So two days later the parents of the baby, named Harry, were forced to leave with their young child to defend for themselves.


Later on that night, there was a man came along to the house and hears the crying of the baby, he picked him up and took him back to his home. Back at the home the man lay the baby down in the bed, and keep him warm and feed him, and took care of him as he was his own baby.


Poverty is often a root cause of child abandonment. Persons in culture with poor social welfare systems who are not financially capable of taking care of a child are more likely to abandon him/her. Political conditions, such as difficulty in adoption proceedings, may also contribute to child abandonment, as can the lack of institutions, such as orphanages, to take in children whom their parents cannot support. Societies with strong social structures and liberal adoption laws tend to have lower rates of child abandonment.

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.

Parental Authority Article 312

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Art. 312. Grandparents shall be consulted by all members of the family on all important family questions. 

Many parents’ lead very busy lives today and often both parents will have careers of their own. The fact that you can call on grandparents to assist with many of the practical daily problems that this poses can also be extremely valuable. Many of the problems which do arise do so because grandparents don’t always find that it is easy to accept that their job as your parent is largely finished and that, having raised you and set you on the right path, it is now time to take a back seat and let you lead your own life. They will always be your parents of course and will continue to love you just as they have always done and will be there for you when you need them. However, their job now is to stand back and to step is only when you need them and when you ask them for your help. 

 Grandparents have their own views, opinions and desires and while these will not always concide with your, own they still need to be respected. When grandparents decide that they want to do something which you would prefer them not to do, them you need to take a moment to consider whether is not this is going to do any harm or whether it is something that you really feel strongly about.

 The role of grandparents in children’s lives is varied. It is imperial at times, muted at others and goes underground whenever required but all the time solid and absolutely dependable. They are constantly performing artistes who do the balancing act all the time between their adult and their grandchildren.

 Occasionally, you will run into problems which are not going to be quite so easy to solve, when this happens the solution can often be found by looking for common ground and this is easy when it comes to differences of opinion between parents and grandparents, whatever your difference of opinion you will both have the best interests of the children uppermost in your minds and as long as both of you are reminded of this fact, it is usually quite easy to find a solution to most issues.

Elaborative Discussion of the Civil Code of the Philippines in the Area of Parental Authority and Funerals

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Art. 311. The father and mother jointly exercise parental authority over their legitimate children who are not emancipated. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always.

Recognized natural and adopted children who are under the age of majority are under the parental authority of the father or mother recognizing or adopting them, and are under the same obligation stated in the preceding paragraph.

Natural children by legal fiction are under the joint authority of the father and mother, as provided in the first paragraph of this article.

Parental Authority defined as the total sum of the rights of parents over the persons and property of their children. It refers to all the rights and duties that parents have towards their children once they are born. Parents have a legal duty to raise their children properly and to protect them physically as well as psychologically.

Specifically, parents have the rights and duties of custody supervision and education toward their children. They must feed them, maintain them and ensure their health and safety.


Joint parental authority as authorized above deviated from the original rule that it is the father who would exercise such authority. Now, both spouses exercis parental authority over their common children and in case of disagreement (for example, in the manner the authority is to be exercised), it is the father's decision that should be followed unless ordered otherwise by the court; in such a case, it is the mother who has recourse to the court questioning the father's decision.

Purpose of Parental Authority

 It has for its purpose not only the sound physical development of the children, but also the cultivation of their intellectual perceptions, and the nourishments of their appetitive and sensitive faculties.

The authority of the father and mother must be mutually exercised, each contributing what is most natural to their particular rule. The mutual exercise of parental authority means that neither one will abdicate authority, nor delegate to the other the making of all the decisions concerning the direction, correction and punishment of the children. By the design of nature a father leans towards justice and severity, the mother towards mercy and leniency. Yet decisions must appear to the children as coming from both parents, the one always supporting and upholding the other when the decision has been mutually made. 

Example of Parental Authority

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Arianne is going birth in a few days. She and her spouse Ariel have lots to do, from last minute shopping to the final touches to the baby’s room. Looking through the file of magazines her mother gave her, Arianne notice a term she had never heard before: “parental authority”.

 The birth of the baby is a new challenge that parents tackle with all their particular cultural religious and educational backgrounds. The arrival of the child also brings with its new rights and responsibilities for parents.

 A child’s father and mother together, hold and exercise parental authority. How a child responds to the authority of his/her parent will determine how they will respond to authority the rest of their life. That is why it is vitally important that parents take time to teach their children how to honour and respect them. The parents must take it upon themselves to instruct their children on how to respect. Each child should acknowledge parental authority in the home. The child respect fro authority of parents can be based on love, so that the child goes along with what parents want because the child values its parents and their relationship. Children shall always observe respect towards their parents, as the fourth commandments of God reads: “Honour thy father and thy mother” implicit in this commandment is the law that parents must rightfully fulfill their obligations towards their children. To fulfill these obligations, parents must know and ponder on them often.