1. “DEVELOPMENT ON THE LAW ON
PARENTAL AUTHORITY”
GRADUATE SCHOOL OF LAW
SAN BEDA COLLEGE
September 12, 2015
2. GENERAL PROVISIONS ON PARENTAL AUTHORITY UNDER THE FAMILY
CODE:
Article 209
– Pursuant to the natural right and duty of parents over the
person and property of their unemancipated children,
parental authority and responsibility shall include the caring
for and rearing them for civic consciousness and efficiency
and the development of their moral, mental and physical
character and well-being. (n)
Article 210
– Parental authority and responsibility may not be renounced
or transferred except in the cases authorized by law. (313a)
3. Article 211
– The father and the mother shall jointly exercise parental
authority over the persons of their common children. In
case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
– Children shall always observe respect and reverence
towards their parents and are obliged to obey them as long
as the children are under parental authority. (311a)
Article 212
– In case of absence or death of either parent, the parent
present shall continue exercising parental authority. The
remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court
appoints another person to be the guardian of the person or
property of the children. (n)
4. Article 214
In case of death, absence or unsuitability of the
parents, substitute parental authority shall be
exercised by the surviving grandparent. In case
several survive, the one designated by the court,
taking into account the same consideration
mentioned in the preceding article, shall exercise
the authority. (355a)
5. Article 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:
• The surviving grandparent, as provided in Article 214;
• The oldest brother or sister, over twenty-one years of
age, unless unfit or disqualified; and
• 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)
6. • Article 218
– The school, its administrators and teachers, or
the individual, entity or institution engaged in
child are shall have special parental authority and
responsibility over the minor child while under
their supervision, instruction or custody.
– Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or
institution. (349a)
7. Article 220
– Enumerates the rights and duties of parents and
those exercising parental authority with the
respect to their unemancipated children
XXX XXX XXX
7. To impose discipline on them as may be required
under the circumstances.
8. Corporal punishment involves inflicting pain on a child by a
parent or guardian in the home by spanking or slapping, or
occasionally with an implement such as belt, slipper, cane or
paddle. In our country, our culture still considers it as part of
parental responsibility to discipline the child.
According to a study conducted by Save the Children Philippines,
a nongovernmental organization crusading against child abuse,
Filipino children experience punishment at home 85 percent of
the time and that 65 percent of them have received spanking as
a form of punishment.
9. Bill No. HB 4455 “on the promotion of positive
discipline in lieu of corporal punishment” in the
House of Representatives;
Senate Bill No. SB 1597 which would amend the
Family Code to prohibit all corporal punishment.
Bill No. 1107 which would amend the Special
Protection of Children Against Abuse,
Exploitation and Discrimination Act (Republic Act
7610 1992) to prohibit all corporal punishment.
10. Anti- Corporal Punishment Bill (No. SB2182), which would
prohibit all corporal punishment including in the home, was
pending in the Senate
House Bill 155 was filed in the House of Representatives, has
been approved at Committee stage and is awaiting second
reading.
House Bill 4907 – An Act Promoting Positive and Nonviolent
Discipline of Children and Appropriating Funds Therefor” –
was passed on third reading at the House of Representatives in
December 2014 and is awaiting its first hearing in the Senate.
11. SENATE BILL NO.1107 – INTRODUCED BY SEN.
MANNY VILLAR “AN ACT PROHIBITING THE ACT OF
IMPOSING CORPORAL PUNISHMENT ON CHILDREN
AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
7610,AS AMENDED OTHERWISE KNOWN AS SPE-
CIAL PROTECTION OF CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION ACT,
PROVIDING PENALTIES THEREFOR AND FOR
OTHER PURPOSES”
12. SECTION 2. There shall be incorporated under
SECTION 3 of Republic Act 7610 under "Definition of
Terms" an additional section (e) to read as follows:
"(e) ‘ Corporal Punishment’ refers to the infliction of
physical or mental violence or blows upon a child as
a form of punishment or chastisement including
public humiliation, verbal abuse, and other forms of
punishment that is considered abusive, degrading
and not consistent with the child's human dignity
considering his/her physical and mental immaturity."
13. SECTION 3' Prohibition on Corporal Punishment - There shall be
incorporated under Section 10; Article VI on Other Acts or Abuse an
additional sub-section (f) to read as follows: .
"(f) Any parent or ascendant, teacher, or guardian who shall inflict
corporal punishment upon his/her child or a descendant under his/ her care,
student or ward, respectively, shall suffer:
1) The penalty of prision mayor in the maximum to reclusion temporal in the
minimum if in consequence of such corporal punishment, the victim shall
become insane, imbecile or blind.
2) The penalty of prision mayor in the medium to prision mayor in the
maximum if in consequence of such corporal punishment, the victim
have lost an eye, a hand a foot, an arm, or a leg or shall have lost the use
of any such member or shall become incapacitated to engage in the usual
physical activities of a child;
14. • 3) The Penalty of prision correcional in the prision
mayor in the minimum if in consequence of such
Corporal Punishment, the victim injured shall have
become deformed, or shall have lost any part of his
body, or shall have lost the use thereof, or shall have
been ill or incapacitated to engage in the usual
physical activities of a child for a period of more
than ninety days;
4) The penalty of prislon correcional in the prislon
mayor in the maximum if in consequence of such
corporal punishment, the victim injured shall have
been ill or incapacitated to engage in the usual
physical activities of a child for a period of more
than thirty days;
15. 5) The penalty of prision correcional in the minimum to prision
correcional in the medium if in consequence of such corporal
punishment, the victim shall have become ill or incapacitated to
engage in the usual physical activities of a child from ten to
thirty days;
6) The penalty to arresto mayor in the maximum to prision
correcional in the minimum if in the consequence of such
corporal punishment,the victim shall have become ill or
incapacitated to engage in the usual physical activities of a
child for a period of one to nine days;
16. 7) The penalty to arresto mayor in the
medium to maximum period when the
offender has caused physical injuries not
requiring medical attendance.
8) The penalty of arresto mayor in the
minimum to medium period if such
corporal punishment does not cause any
physical or mental injury.
17. “ x x x x x x x x x
The penalties prescribed above shall be
imposed on the maximum if the victim is
below twelve years old, and one degree
higher if the victim is below seven years old.
The foregoing provisions shall also apply to
the custodians of children in the juvenile
justice or correction institutions.”
