Suspension or Termination of Parental Authority
(The Family Code of the Philippines)
- Article 228
Parental authority terminates permanently:
- Upon the death of the parents;
- Upon the death of the child; or
- Upon emancipation of the child. (327a)
- Article 229
Unless subsequently revived by a final judgment, parental authority also 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)
- Article 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
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:
- Treats the child with excessive harshness or cruelty;
- Gives the child corrupting orders, counsel or example;
- Compels the child to beg; or
- 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. (33a)
- 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. (n)
- Article 233
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 of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. (n)