As a rule, the father and mother exercise joint parental authority over their children. The exception lies with the situation of an illegitimate child. In such cases, the mother has sole parental authority. In what I will tackle today, the mother, who was not married to the child’s father, died after giving birth.

The child’s grandparents (mother’s parents) took care of him, as the father was abroad. The time came, however, when the father came to the Philippines to seek custody of the child. The grandparents refused. A legal battle ensued between them.

After a trial, the court awarded custody to the father after the DNA test resulted in a 99.97-percent match. Despite this, the grandparents argued that they should have custody of their grandchild. They contended that by law, their daughter exercised exclusive parental authority over her son. Since she passed away they, again by law, exercised substitute parental authority over him, to the exclusion of the natural father.

Their legal journey was turbulent. The Court of Appeals sustained the trial court. But undeterred, they pursued their fight to the Supreme Court. And when they reached the last bastion of justice, the Highest Tribunal had this to say:

“The right of custody accorded to parents springs from the exercise of parental authority. Parental authority, or patria potestas in Roman Law, is the juridical institution whereby parents rightfully assume control and protection of their unemancipated children to the extent required by the latter’s needs. It is a mass of rights and obligations which the law grants to parents for the purpose of the children’s physical preservation and development, as well as the cultivation of their intellect and the education of their heart and senses.

“As a rule, the father and the mother shall jointly exercise parental authority over the persons of their common children. However, with respect to illegitimate children, Article 176 of the Family Code explicitly grants the sole parental authority to the mother, notwithstanding the father’s recognition of the child. In the exercise of that authority, mothers are consequently entitled to keep their illegitimate children in their company, and the Court will not deprive them of custody, absent any imperative cause showing the mother’s unfitness to exercise such authority and care.

“In case of the death, absence, or unsuitability of the parents or the mother in the case of illegitimate children, substitute parental authority shall be exercised by the surviving grandparent pursuant to Article 214 of the Family Code, or to the specified persons in the order provided under Article 216 thereof.”

“These provisions read: Article 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. ... Article 216. In default of parents or a judicially appointed guardian, the following persons 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.”

“Notably, as the foregoing provisions read, it would appear that substitute parental authority is granted to the grandparents or the specified persons only in case of death, absence, or unsuitability of both parents. Thus, in situations where only one parent dies, is absent, or found unsuitable, Articles 214 and 216 would find no application.”

“It must be clarified, however, that the foregoing interpretation finds application only in situations where the father and mother jointly exercise parental authority over the persons of their common children as provided under Article 211 of the Family Code.”

“Where, however, the parental authority is granted solely to the mother as in the case of illegitimate children, the substitute parental authority shall be exercised by the grandparents or the specified persons as provided under Article 214 and 216 of the Family Code, in case of the mother’s death, absence, or unsuitability.”

“Indeed, to read otherwise would effectively permit circumvention of the legislative intent to grant sole parental authority to the mother with respect to their illegitimate children.”

Clear? Good. Wait for the continuation next week.

Facts and quoted decision are from Spouses Magdalino Gabun et al. v. Winston Clark Stolk Sr. (GR No. 234660, 26 June 2023).