When to exercise substitute parental authority

When to exercise substitute parental authority "After the death of our neighbor’s husband last year, her parents in law would like to take custody of her minor children. They are claiming that they have the financial resources to send her children to known private schools, which she cannot do because of her meager income from selling banana cue. Further, they claimed that they are more qualified as legal guardians of their grandchildren because they are already migrants in a foreign country. Are these reasons valid to deprive my neighbor of custody over her children? TerinaDear Terina, The general rule that is applicable on the matter is found under Article 211 of the Family Code of the Philippines, which states:“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.” Correlative thereto, Article 214 of the same law also states:“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.” Thus, the only instances where a grandparent can exercise substitute parental authority are in cases where the parents are already dead, absent or unsuitable. None of these circumstances are present in your neighbor’s case.In the case of Vancil vs Belmes (GR 132223, June 19, 2001), the Supreme Court, through Associate Justice Angelina Sandoval-Gutierrez stated:“In Santos, Sr. vs. Court of Appeals, this Court ruled:‘The law vests on the father and mother joint parental authority over the persons of their common children. In case of absence or death of either parent, the parent present shall continue exercising parental authority. Only in case of the parents’ death, absence or unsuitability may substitute parental authority be exercised by the surviving grandparent.’ ‘Petitioner, as the surviving grandparent, can exercise substitute parental authority only in case of death, absence or unsuitability of respondent. Considering that respondent is very much alive and has exercised continuously parental authority over Vincent, petitioner has to prove, in asserting her right to be the minor’s guardian, respondent’s unsuitability. Petitioner, however, has not proffered convincing evidence showing that respondent is not suited to be the guardian of Vincent.xxxx xxxx xxxx xxxxxEven assuming that respondent is unfit as guardian of minor Vincent, still petitioner cannot qualify as a substitute guardian. It bears stressing that she is an American citizen and a resident of Colorado. Obviously, she will not be able to perform the responsibilities and obligations required of a guardian. In fact, in her petition, she admitted the difficulty of discharging the duties of a guardian by an expatriate, like her. To be sure, she will merely delegate those duties to someone else who may not also qualify as a guardian.’”Applying the decision in your neighbor’s situation, the claim of her parents in law that they have better custodial rights over her children because of their financial resources has no legal basis. They cannot exercise substitute parental authority because she is very much alive and the only instance where they can exercise such right is when they can prove that your neighbor is unsuitable as a parent. Having a meager income is not synonymous to unsuitability or unfitness as ground to remove the custody of a child from the surviving parent.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ." - https://www.affordablecebu.com/