Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:
Chapter 2. Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)
The persons enumerated above, in that order, may exercise substitute parental authority over the minor child.
Parents are never deprived of the care and custody of their children except for a cause. The law leans toward the authority of parents over their children and raises a strong presumption that the welfare of the children is best served in the care and control of their parents.
In certain cases, the care and custody of a child may be awarded even to strangers, as against the father or the mother or both.
A child whose parents are separated either legally or de facto and where it appears that both parents are not qualified persons to whom the care, custody, and control may be entrusted, the court may, upon its determination of the best interest of the child, designate the proper person for the child's care, custody and control of based on those persons enumerated above .
The persons enumerated above, in that order, may exercise substitute parental authority over the minor child.
Parents are never deprived of the care and custody of their children except for a cause. The law leans toward the authority of parents over their children and raises a strong presumption that the welfare of the children is best served in the care and control of their parents.
In certain cases, the care and custody of a child may be awarded even to strangers, as against the father or the mother or both.
A child whose parents are separated either legally or de facto and where it appears that both parents are not qualified persons to whom the care, custody, and control may be entrusted, the court may, upon its determination of the best interest of the child, designate the proper person for the child's care, custody and control of based on those persons enumerated above .
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
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