SC Upholds Grandparents' Custody Rights For Illegitimate Children

The Supreme Court of the Philippines (SC) recently issued a clarification on the application of substitute parental authority under the Family Code. 

SC put out a press release on June 25, clarifying that when sole parental authority is granted to the mother, as in the case of illegitimate children, the grandparents or other individuals specified in the Article 216 of Family Code shall exercise substitute parental authority. 

This was the ruling of the Supreme Court's Second Division, in which it "partially granted" a petition by a minor's grandparents contesting the award of custody to the minor's father following the mother's death.

Supreme Court awards grandparents custody over father after mother's death

The case arose from a habeas corpus petition filed by Winston, the respondent, in a Regional Trial Court (RTC). He sought absolute custody of his minor son following the death of the child's mother.

It's noteworthy that the respondent and his late partner lived in the United States for four years without formal marriage. The respondent's partner returned to the Philippines in 2007 to give birth but passed away shortly after, leaving the baby in the care of her parents, petitioners Nora and Marcelino.

Still, the RTC granted Winston custody of his son based on a DNA test showing a 99.9997% probability of paternity, supported by the parentage report and the child's birth certificate, confirming his parental authority.

The "collateral grandparents" or petitioners contested the decision, filing a motion for reconsideration and requesting a Department of Social Welfare and Development (DSWD) study to assess the child's best interests.

They pointed out the respondent's legal troubles in the US and Suriname, along with his unmarried status with their late daughter. Despite this, the RTC rejected their motion for reconsideration, prompting them to appeal to the Court of Appeals (CA). However, the CA dismissed their petition as "time-barred," stating that the RTC's decision had already become final.

ALSO READ: Rights Of An Illegitimate Child In The PH

Despite the lower court's decision favoring the petitioner, SC found fault with the RTC and the CA for granting Winston custody of the child solely on the basis of parentage. The High Court said that RTC and CA overlooked the respondent's unmarried status.

Citing Article 214 of the Family Code, SC reiterated that in case of the death, absence, or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent or to the specified persons under Article 216. 

"This applies not only when both parents exercise parental authority but also when only one parent has sole custody, such as the mother of an illegitimate child, to whom the law explicitly grants sole parental authority, notwithstanding the father’s recognition of the child," the SC stated in the same press release.

The Supreme Court sent the case back to the RTC, directing it to take into account the factors and guidelines outlined in the Rule on Custody of Minors when determining Winston's custody.

Article 216 of the Family Code 

Article 216 of the Family Code specifies the following:

"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."

Read here to know more about child custody laws in the Philippines.