TITLE IX FAMILY CODE OF THE PHILIPPINES – We are now going to know about the second chapter of Title IX of Executive Order No. 209.
The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino.
The EO was meant to supplant Book I of the Civil Code which concerns persons and family relations. Work on the said law began in 1979 and was drafted by two successive committees, with the first chaired by Supreme Court Justice Romero, and the second by former Supreme Court Justice J.B.L. Reyes.EO 209 covers fields significant public interest, which also includes the laws on marriage.
ContentsChapter 2 in Title IX in the Executive Order No. 209 is titled Substitute and Special Parental Authority. Here are the contents of this chapter, according to this website:
Article 216In 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; andThe 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)
Article 217In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes, orphanages and similar institutions duly accredited by the proper government agency. (314a)
Article 218The 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)
Article 219Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)
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