Support

1.1. Learning Objectives:

At the end of this Module, you are expected to:

1. Discuss how the law protects the rights of the children through provisions on
support;
2. Explain how obligation to give support can be demandable from the time the
person who has a right to receive the same needs it for maintenance;
3. Explain parental authority;
4. Identify the effects of parental authority upon the persons of the children;
5. Determine the effects of parental authority upon the property of children.

1.2. Module Content:

What comprises support?

XV. Support

Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity
of the family. The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses in
going to and from school, or to and from place of work.

• Support comprises everything indispensable for sustenance, dwelling, clothing,

medical attendance, education, and transportation, in keeping with the financial
capacity of the family.

• 3 Kinds of Support

1. Legal – that which is required to be given by law

2. Judicial – that which is required to be given by court order whether pendente

lite or in a final judgment

3. Voluntary or Conventional – by agreement • An example of conventional

support is as follow. X donates land to Y. However, X imposes a mode – Y has to
support X’s mother.

• Characteristics of Support
 1. Personal

2. Intransmissible

3. Not subject to waiver or compensation with regard to future support

• Support in arrears can be waived.

4. Exempt from attachment or execution (Article 205)

5. Reciprocal on the part of those who are by law bound to support each other
(Article 195) 6. Variable (Articles 201 and 202)

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to
support each other to the whole extent set forth in the preceding article: (1) The
spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate
children and the legitimate and illegitimate children of the latter; (4) Parents and their
illegitimate children and the legitimate and illegitimate children of the latter; and (5)
Legitimate brothers and sisters, whether of full or half-blood

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-blood,
are likewise bound to support each other to the full extent set forth in Article 194, except
only when the need for support of the brother or sister, being of age, is due to a cause
imputable to the claimant’s fault or negligence.

• Illegitimate siblings, whether of full or half blood, are bound to support each
other. However, they need not give support to an illegitimate, emancipated
sibling whose need for support is imputable to his fault or negligence.

Art. 199. Whenever two or more persons are obliged to give support, the liability shall
devolve upon the following persons in the order herein provided: (1) The spouse; (2)
The descendants in the nearest degree; (3) The ascendants in the nearest degree; and
(4) The brothers and sisters.

• Article 199 is important because it establishes the order of preference for the
givers of support. When a relative needs support, there are many relatives one
can go after. That relative in need cannot choose but must follow the order
established in this Article 199.

• If a parent needs support from his children, that parent may choose any of the
children. All of the children are solidarily liable.

Art. 200. When the obligation to give support falls upon two or more persons, the
payment of the same shall be divided between them in proportion to the resources of
each. However, in case of urgent need and by special circumstances, the judge may
order only one of them to furnish the support provisionally, without prejudice to his right
to claim from the other obligors the share due from them. When two or more recipients
at the same time claim support from one and the same person legally obliged to give it,
should the latter not have sufficient means to satisfy all claims, the order established in
the preceding article shall be followed, unless the concurrent obligees should be the
spouse and a child subject to parental authority, in which case the child shall be
preferred.

• Article 200 establishes the order of preference for recipients. When several
relatives come to a particular relative for support, the relative who will give
support must follow Article 200.

• If the relative who will give support has enough, he must give all those
enumerated in Article 199. If the relative does not have enough, then the
hierarchy enumerated in Article 199 must be followed.

• A minor who is an illegitimate child asks support from his father. This illegitimate
child will not be preferred over the spouse of the father. Those who will be
preferred over the spouse of the father are those children who are subject to the
father’s parental authority. In this case, since the child is illegitimate, the father
has no parental authority. The illegitimate child will be behind legitimate children
and the spouse of his parent. Illegitimate children are in Article 199 (2) since
there is no distinction between legitimate and illegitimate.

Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall
be in proportion to the resources or means of the giver and to the necessities of the
recipient.

Art. 202. Support in the cases referred to in the preceding article shall be reduced or
increased proportionately, according to the reduction or increase of the necessities of
the recipient and the resources or means of the person obliged to furnish the same.

• Support shall always be in proportion to the means of the giver and the
necessities of the recipient.

• There is no res judicata as to the amount of support to be given since support is

variable.

Art. 203. The obligation to give support shall be demandable from the time the person
who has a right to receive the same needs it for maintenance, but it shall not be paid
except from the date of judicial or extrajudicial demand. Support pendente lite may be
claimed in accordance with the Rules of Court. Payment shall be made within the first
five days of each corresponding month or when the recipient dies, his heirs shall not be
obliged to return what he has received in advance.

• Support is demandable from the time the person who has the right to receive it
needs it. However, it is payable only from judicial or extrajudicial demand.
 • On April 1, X needed support from his father. Since X is too proud, X doesn’t
ask. On July 1, X goes to his father and asks him for support. The father refuses.
On Sept. 1, X files an action for support. On Oct. 1, the court renders judgment in
favor of X. When is the father obliged to give support? July 1 since there was
extrajudicial demand.

Art. 204. The person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in the family
dwelling the person who has a right to receive support. The latter alternative cannot be
availed of in case there is a moral or legal obstacle thereto.

• The person obliged to render support may fulfill his obligation in 2 ways at his
option:

1. Paying the amount fixed or

2. Receiving and maintaining in the family dwelling the person who has a right to
receive support

• This 2nd option cannot be availed of when there is a moral or legal obstacle.
For example, a husband in supporting his wife, cannot choose the 2nd option if
he had been maltreating her (Goitia vs. Campos Rueda).

Art. 205. The right to receive support under this Title as well as any money or property
obtained as such support shall not be levied upon on attachment or execution.

Art. 206. When, without the knowledge of the person obliged to give support, it is given
by a stranger, the latter shall have a right to claim the same from the former, unless it
appears that he gave it without intention of being reimbursed.

Art. 207. When the person obliged to support another unjustly refuses or fails to give
support when urgently needed by the latter, any third person may furnish support to the
needy individual, with right of reimbursement from the person obliged to give support.
This Article shall particularly apply when the father or mother of a child under the age of
majority unjustly refuses to support or fails to give support to the child when urgently
needed.

Art. 208. In case of contractual support or that given by will, the excess in amount
beyond that required for legal support shall be subject to levy on attachment or
execution. Furthermore, contractual support shall be subject to adjustment whenever
modification is necessary due to changes of circumstances manifestly beyond the
contemplation of the parties.

XVI. Parental Authority

 • Parental authority comes from patria potestas which means the father’s power.
The woman was always dependent on a male figure whether it be her husband,
her father or her son.

• In Roman Law, patria potestas extended even to life and death. This power was
granted to the father in order to keep his family in check. Now, the present
concept of parental authority is no longer focused on the power aspect. Rather,
the focus of parental authority is the obligational aspect. Parental authority is
given to the parents over their children in order for the children to be reared
properly. The focus is on the child and the child’s welfare.

Art. 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.

• Parental authority terminates at the age of 18. This extends to both parental
authority over the person and the property of the child.

Art. 210. Parental authority and responsibility may not be renounced or transferred
except in the cases authorized by law.

Art. 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.

• Parental authority is joint. In case of disagreement, the husband’s decision

prevails. However, the wife can go to court.

• For illegitimate children, parental authority is not joint. It is with the mother

Art. 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.

Art. 213. In case of separation of the parents, parental authority shall be exercised by
the parent designated by the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven years of age, unless the
parent chosen is unfit.

• The 2nd paragraph of Article 213 provides that no child under 7 years of age
shall be separated from the mother, unless the court finds compelling reasons to
order otherwise.
 • In earlier cases, the mother was almost always the custodian of a child who is
below 7 years. There is a trend of liberalizing this. Courts will always look at the
best interest of the child as the criterion.

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.

• Article 215 applies only in criminal cases and NOT in a civil case.

• General Rule: A descendant cannot be compelled in a criminal case to testify

against his parents and grandparents.

• Exception: A descendant can be compelled if such testimony is indispensable in

a crime against a descendant or by one parent against the other.

NOTE: The criminal case need not be filed by the descendant or the parent. It
may be filed by a 3rd person. Also, this rule applies only to compulsory
testimony. It does not apply to voluntary testimony. Thus, the descendant can
volunteer if he wants to.

Art. 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:

(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. Whenever the appointment or a judicial guardian over the property of the
child becomes necessary, the same order of preference shall be observed.

• In default of the parents or a judicial guardian, substitute parental authority over

the child shall be exercised in the order indicated:

1. The surviving grandparent

• If there are several grandparents, then the guardian shall be the one designated
by the court pursuant to Articles 213 and 214
 2. The oldest brother or sister, over 21 years old, unless unfit or disqualified 3.
The child’s actual custodian, over 21 years old, unless unfit or disqualified

• This custodian need not be a relative of the child, but he or she must have
actual custody.

Art. 217. In 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.

Art. 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.

Art. 219. Those 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.

• Articles 218 and 219 apply ONLY to minors since the schools merely take the
place of the parents.

• Rules:

1. Articles 218 and 219 are not limited to schools of arts and trade, but are
applicable to all schools.

2. Authority and responsibility apply to activities inside and outside provided the
activity is an authorized one (i.e., field trip)

3. The liability of the school administrators and the teacher is solidary and
primary.

4. The liability of the parents or the guardian is subsidiary.

5. Negligence of the school administrators and the teacher is presumed. The

burden in on the school administrator and the teacher to prove diligence under
Article 219.
 6. The scope of the liability extends only to damage caused by the child in the
course of an authorized school activity.

• Rules Regarding Liability for Injuries Caused by Students 1. If the student who
caused the injury is below 18, Articles 218 – 219 apply. 2. If the student who
caused the injury is above 18, Articles 218 – 219 do NOT apply. Article 2180∅ is
applicable.

• Article 2180 is applicable to both academic and non-academic institutions.

1. Academic institutions – the liability attaches to the teacher

2. Non-academic institutions – the liability attaches to the head of the

establishment (Amadora vs. CA)

• If a student is injured and the persons who caused the injury were not students,
Arts. 218, 219 of the Family Code and Art. 2180 of the Civil Code are not
applicable. The school is liable in such a case based on the contract between the
student and the school. The school is supposed to provide the student adequate
protection (PSBA vs. CA).

1. Effect of Parental Authority Upon the Persons of the Children

Art. 220. The parents and those exercising parental authority shall have with the respect
to their unemancipated children on wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right
precept and good example, and to provide for their upbringing in keeping with their
means;

(2) To give them love and affection, advice and counsel, companionship and
understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company, and
prevent them from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians.

Art. 221. Parents and other persons exercising parental authority shall be civilly liable
for the injuries and damages caused by the acts or omissions of their unemancipated
children living in their company and under their parental authority subject to the
appropriate defenses provided by law.

Art. 222. The courts may appoint a guardian of the child’s property or guardian ad litem
when the best interests of the child so require.

Art. 223. The parents or, in their absence or incapacity, the individual, entity or
institution exercising parental authority, may petition the proper court of the place where
the child resides, for an order providing for disciplinary measures over the child. The
child shall be entitled to the assistance of counsel, either of his choice or appointed by
the court, and a summary hearing shall be conducted wherein the petitioner and the
child shall be heard. However, if in the same proceeding the court finds the petitioner at
fault, irrespective of the merits of the petition, or when the circumstances so warrant, the
court may also order the deprivation or suspension of parental authority or adopt such
other measures as it may deem just and proper.

Art. 224. The measures referred to in the preceding article may include the commitment
of the child for not more than thirty days in entities or institutions engaged in child care
or in children’s homes duly accredited by the proper government agency. The parent
exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support. Upon proper petition or at its own instance,
the court may terminate the commitment of the child whenever just and proper.

2. Effect of Parental Authority Upon the Property of the Children

Art. 225. The father and the mother shall jointly exercise legal guardianship over the
property of the unemancipated common child without the necessity of a court
appointment. In case of disagreement, the father’s decision shall prevail, unless there is
a judicial order to the contrary. Where the market value of the property or the annual
income of the child exceeds P50,000, the parent concerned shall be required to furnish
a bond in such amount as the court may determine, but not less than ten per centum
(10%) of the value of the property or annual income, to guarantee the performance of
the obligations prescribed for general guardians. A verified petition for approval of the
bond shall be filed in the proper court of the place where the child resides, or, if the child
resides in a foreign country, in the proper court of the place where the property or any
part thereof is situated. The petition shall be docketed as a summary special proceeding
in which all incidents and issues regarding the performance of the obligations referred to
in the second paragraph of this Article shall be heard and resolved. The ordinary rules
on guardianship shall be merely suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent has remarried, in which
case the ordinary rules on guardianship shall apply.
Art. 226. The property of the unemancipated child earned or acquired with his work or
industry or by onerous or gratuitous title shall belong to the child in ownership and shall
be devoted exclusively to the latter’s support and education, unless the title or transfer
provides otherwise. The right of the parents over the fruits and income of the child’s
property shall be limited primarily to the child’s support and secondarily to the collective
daily needs of the family.

Art. 227. If the parents entrust the management or administration of any of their
properties to an unemancipated child, the net proceeds of such property shall belong to
the owner. The child shall be given a reasonable monthly allowance in an amount not
less than that which the owner would have paid if the administrator were a stranger,
unless the owner, grants the entire proceeds to the child. In any case, the proceeds
thus give in whole or in part shall not be charged to the child’s legitimes.

• Parents may exercise parental authority over their child’s property.

• 2 Kinds of Properties of Minors 1. Adventitious (Article 226)

• Adventitious property is earned or acquired by the child through his work or

industry or by onerous or gratuitous title.

• The child owns this property.

• The child is also the usufructuary as the child enjoys the fruits unless the mode
of transfer provides otherwise. The fruits and income of adventitious property
must be applied primarily for the child’s support and secondarily for the family’s
collective needs (Article 226, 2).

• The property is administered by the parents since the child has no capacity to
act.

2. Profectitious (Article 227)

• Profectitious property is owned by the parents. However, this property is given

to the child for him to administer. For example, the parents may own a farm.
Their child is 17 years old. To teach him industry, the parents tell the child to
harvest and take care of the farm.

• The parents own this type of property.

• The parents are the usufructuary. However, the child is entitled to a monthly
allowance which should be not less than what the owner of the property would
have paid an administrator. The parents may give the entire proceeds of the
property to the child.

• The property is administered by the child.

C. 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; or (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;
(4) Upon final judgment of a competent court divesting the party concerned of parental
authority; or (5) Upon judicial declaration of absence or incapacity of the person
exercising parental authority.

Art. 230. Parental authority is suspended upon conviction of the parent or the person
exercising the same of a crime which carries with it the penalty of civil interdiction. The
authority is automatically reinstated upon service of the penalty or upon pardon or
amnesty of the offender.

Art. 231. The court in an action filed for the purpose in a related case may also suspend
parental authority if the parent or the person exercising the same:

(1) Treats the child with excessive harshness or cruelty;

(2) Gives the child corrupting orders, counsel, or example;

(3) Compels the child to beg; or

(4) Subjects the child or allows him to be subjected to acts of lasciviousness. The
grounds enumerated above are deemed to include cases which have resulted from
culpable negligence of the parent or the person exercising parental authority. If the
degree of seriousness so warrants, or the welfare of the child so demands, the court
shall deprive the guilty party of parental authority or adopt such other measures as may
be proper under the circumstances. The suspension or deprivation may be revoked and
the parental authority revived in a case filed for the purpose or in the same proceeding if
the court finds that the cause therefor has ceased and will not be repeated.

Art. 232. If the person exercising parental authority has subjected the child or allowed
him to be subjected to sexual abuse, such person shall be permanently deprived by the
court of such authority.

Art. 233. The person exercising substitute parental authority shall have the same
authority over the person of the child as the parents. In no case shall the school
administrator, teacher of individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child.

• Kinds of Termination and Suspension

1. Irreversible Termination

a. Death of the parents (Article 228 (1))

• Parental authority is terminated as far as the dead parent is concerned.

b. Death of the child (Article 228 (2))

c. Emancipation (Article 228 (3))

• This is the most common.

d. Court order under Article 232

• If the parent or parents exercising parental authority have subjected the child or
allowed him or her to be subjected to sexual abuse, the parent or parents shall
be deprived permanently by the court of such parental authority.

2. Reversible Termination (the termination may or may not be permanent)

a. Upon adoption

• It is reversible because there is a possibility that the adoption may be

rescinded.

b. Upon appointment of a guardian

• Guardianship may be lifted if such is no longer necessary

c. Judicial declaration of abandonment

d. Final judgment of a competent court under Article 231

• The grounds are:

i. Treats the child with excessive harshness or cruelty;

ii. Gives the child corrupting orders, counsel, or example;

iii. Compels the child to beg; or

iv. Subjects the child or allows him or her to be subjected to acts of

lasciviousness

e. Judicial declaration of absence or incapacity of the person

 3. Suspension of Parental Authority

a. Parent is convicted of a crime which carries with it the accessory penalty of

civil interdiction

b. Court order under Article 231

• The grounds are:

i. Treats the child with excessive harshness or cruelty;

ii. Gives the child corrupting orders, counsel, or example;

iii. Compels the child to beg; or

iv. Subjects the child or allows him or her to be subjected to acts of

lasciviousness

NOTE: Under Article 231, parental authority may be suspended or terminated

depending on the seriousness of the ground.

XVII. Miscellaneous Provisions

Art. 356. Every child:

(1) Is entitled to parental care;

(2) Shall receive at least elementary education;

(3) Shall be given moral and civic training by the parents or guardian;

(4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual
development.

Art. 357. Every child shall:

(1) Obey and honor his parents or guardian;

(2) Respect his grandparents, old relatives, and persons holding substitute parental
authority;

(3) Exert his utmost for his education and training;

(4) Cooperate with the family in all matters that make for the good of the same.
Art. 358. Every parent and every person holding substitute parental authority shall see
to it that the rights of the child are respected and his duties complied with, and shall
particularly, by precept and example, imbue the child with high-mindedness, love of
country, veneration for the national heroes, fidelity to democracy as a way of life, and
attachment to the ideal of permanent world peace.

Art. 359. The government promotes the full growth of the faculties of every child. For
this purpose, the government will establish, whenever possible:

(1) Schools in every barrio, municipality and city where optional religious instruction
shall be taught as part of the curriculum at the option of the parent or guardian;

(2) Puericulture and similar centers;

(3) Councils for the Protection of Children; and

(4) Juvenile courts.

Art. 360. The Council for the Protection of Children shall look after the welfare of
children in the municipality. It shall, among other functions:

(1) Foster the education of every child in the municipality;

(2) Encourage the cultivation of the duties of parents;

(3) Protect and assist abandoned or mistreated children, and orphans;

(4) Take steps to prevent juvenile delinquency;

(5) Adopt measures for the health of children;

(6) Promote the opening and maintenance of playgrounds;

(7) Coordinate the activities of organizations devoted to the welfare of children, and
secure their cooperation.

Art. 361. Juvenile courts will be established, as far as practicable, in every chartered city
or large municipality.

Art. 362. Whenever a child is found delinquent by any court, the father, mother, or
guardian may in a proper case be judicially admonished.

Art. 363. In all questions on the care, custody, education and property of children the
latter’s welfare shall be paramount. No mother shall be separated from her child under
seven years of age, unless the court finds compelling reasons for such measure.
• Articles 356 to 363 of the Civil Code have not been repealed by the Family Code. Most
though are dead letter law.

• Article 363 is an important since this article deals with the best interest of the child.

• The second sentence of Article 363 is found in the second paragraph of Article 213⊕
of the Family Code.

• The first sentence of Article 363 is still good law.

XVIII. Summary Judicial Proceedings (Articles 238-252)

Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this
Title shall apply as regards separation in fact between husband and wife, abandonment
by one of the other, and incidents involving parental authority.

Art. 239. When a husband and wife are separated in fact, or one has abandoned the
other and one of them seeks judicial authorization for a transaction where the consent
of the other spouse is required by law but such consent is withheld or cannot be
obtained, a verified petition may be filed in court alleging the foregoing facts. The
petition shall attach the proposed deed, if any, embodying the transaction, and, if none,
shall describe in detail the said transaction and state the reason why the required
consent thereto cannot be secured. In any case, the final deed duly executed by the
parties shall be submitted to and approved by the court.

Art. 240. Claims for damages by either spouse, except costs of the proceedings, may
be litigated only in a separate action.

Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be
exercised by the proper court authorized to hear family cases, if one exists, or in the
regional trial court or its equivalent sitting in the place where either of the spouses
resides.

Art. 242. Upon the filing of the petition, the court shall notify the other spouse, whose
consent to the transaction is required, of said petition, ordering said spouse to show
cause why the petition should not be granted, on or before the date set in said notice for
the initial conference. The notice shall be accompanied by a copy of the petition and
shall be served at the last known address of the spouse concerned.

Art. 243. A preliminary conference shall be conducted by the judge personally without
the parties being assisted by counsel. After the initial conference, if the court deems it
useful, the parties may be assisted by counsel at the succeeding conferences and
hearings.
Art. 244. In case of non-appearance of the spouse whose consent is sought, the court
shall inquire into the reasons for his failure to appear, and shall require such
appearance, if possible.

Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not
secured, the court may proceed ex parte and render judgment as the facts and
circumstances may warrant. In any case, the judge shall endeavor to protect the
interests of the non-appearing spouse.

Art. 246. If the petition is not resolved at the initial conference, said petition shall be
decided in a summary hearing on the basis of affidavits, documentary evidence or oral
testimonies at the sound discretion of the court. If testimony is needed, the court shall
specify the witnesses to be heard and the subject-matter of their testimonies, directing
the parties to present said witnesses.

Art. 247. The judgment of the court shall be immediately final and executory.

Art. 248. The petition for judicial authority to administer or encumber specific separate
property of the abandoning spouse and to use the fruits or proceeds thereof for the
support of the family shall also be governed by these rules.

Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental
authority shall be verified.

Art. 250. Such petitions shall be verified and filed in the proper court of the place where
the child resides.

Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their
absence or incapacity, the individuals, entities or institutions exercising parental
authority over the child.

Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under
this Chapter insofar as they are applicable.

• Summary judicial proceedings provided under the Family Code:

1. Declaration of presumptive death

2. Partition of spouse’s property

3. Disagreement in fixing domicile

4. Disagreement in the exercise of profession

5. Disagreement in the administration of community property

6. Disagreement in the administration of conjugal property

7. Parental authority over foundlings

1.3. References:

Civil Code of the Philippines

1.4. Learning Task:

Among the different effects of parental authority upon the persons of the children, select
one and explain comprehensively how this redounds to the benefit of the children. (15
points)