Dear IBP Davao,
Akoang Misis namatay bago lang tungod sa sakit. Naa mi duha ka anak pero naa man gud sa parents sa akoang deceased na Misis. Pwede ba na Attorney na sila ang guardian sa bata? Legally married man mi ni deceased wife pud pero gusto jud sa iyang parents na sa ilaha ang bata. Tama ba ni?
-Husband
Dear Sir,
Under the Family Code of the Philippines, the right and duty to care for children has been vested by the laws to their parents. In cases of minor children, the same is conferred to both parents.
Article 211 of the Family Code, 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.
In the same vein, the 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.
In case one parent passes away, such as in this case, the right and duty to exercise parental authority will be solely exercised by the parent present. Thus, parental authority and responsibility may not be renounced or transferred except in cases authorized by law. Also, under Article 212, in case of absence or death of either parent, the parent present shall continue exercising parental authority.
Since you are the present parent and you did not renounce or transfer your right and duty, you shall continue exercising parental authority over your two children even if your wife is dead. Thus, the parents of your deceased wife cannot be the guardian of your children.
