Date of Publication

4-2015

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Family Law

College

College of Law

Department/Unit

Law

Thesis Adviser

James Keith Heffron

Abstract/Summary

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?

Abstract Format

html

Language

English

Accession Number

TG05878; CDTG005878

Keywords

Illegitimate children—Legal status, laws, etc.—Philippines; Parent and child (Law)—Philippines

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1-11-2023

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