Professional Documents
Culture Documents
10. ESPIRITU V. CA [242 SCRA 362] Whether a child is under or over seven years of
age, the paramount criterion must always be
the child's interest. Discretion is always given
to the court to decide who can best assure the
welfare of the child, and award the custody on
the basis of that consideration.
11. Art. 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.Art. 215.
No
descendant shall be compelled, in a criminal
case to testify against his parents and
grandparents, except when such testimony
is indispensable in a crime against the
descendant or by one parent against the
other.
Substitute and Special Parental Authority
Art. 216. In default of parents or a
judicially appointed guardian, the following
Ownership belongs to
Usufruct belongs to minor
parents,
The
child
is
entitled
to
reasonable
allowance...not less than what a 3rd person
would get if management was entrusted to such
3rd person, administration belongs to the child.
Suspension or Termination of Parental Authority
Art. 228. Parental authority terminates
permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child;
(3) Upon emancipation of the child.
Art. 229. Unless subsequently revived
by a final judgment, parental authority also
terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general
guardian;
(3) Upon judicial declaration of
abandonment of the child in a case filed for
the purpose;