Parental authority over illegitimate children: Applying articles 176 and 211 of the Family Code

• Main Author: Medina, Charm Krizia L.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Illegitimate children—Legal status, laws, etc.—Philippines; Parent and child (Law)—Philippines; Family Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6534; https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13543/viewcontent/Medina_Charm_Krizia_L2.pdf
• Institution: De La Salle University

Due to the changing times the usual concept of families have also changed. Couples choose not to get married thus more children are now born illegitimate. Because of the rise in illegitimate births, there arises a need to review the rights of these illegitimate children. Under the Family Code, parental authority over illegitimate children is given to the mother, however under the same code it is also stated the father and mother shall jointly exercise parental authority over their common children. Does the use of the term “common children” mean that there can be joint parental authority over illegitimates? Upon reading Article 176 of the Family Code, one would immediately see that the mother is given parental authority over her illegitimate child, however Article 211 of the same code gives the father and mother joint parental authority over their common children. Aren’t illegitimate children common children of their parents? How would these provisions apply to single fathers? Would the law still give parental authority to an absent mother? How about to unmarried couples who have children? Would the father be prevented from exercising parental authority over his child? This paper aims to provide an answer to these questions. If such rule applies to illegitimate children, how and when should such rule apply?