Short answer. Yes. Article 214 provides that substitute parental authority is exercised by the surviving grandparent in case of unsuitability of the parents, not only when a parent has died or is absent. If both parents are alive but found unsuitable, a grandparent can step into that role.
What the law says
In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent.
Family Code, Article 214 — Substitute Authority of the Grandparent. Read the full provision →
What the law says
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.
Family Code, Article 214 — Substitute Authority of the Grandparent. Read the full provision →
Unsuitability is listed on equal footing with death and absence
Article 214 does not limit substitute grandparent authority to cases where a parent has died. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. Unsuitability sits alongside death and absence as an independent trigger. This means both parents being alive is not, by itself, a bar to a grandparent taking over — what matters is whether the court has actually found the parents unsuitable to exercise that authority.
The finding of unsuitability has to be established, not assumed
The article uses the word unsuitability as a specific condition, not a label a relative can apply informally. A grandparent does not automatically step into the role simply because family members disagree with how the parents are raising the child; the unsuitability has to actually be established for this substitute authority to apply. This article does not itself define what makes a parent unsuitable or set out the procedure for that determination, since that is addressed elsewhere.
When more than one grandparent survives
If both parents are found unsuitable and more than one grandparent is available to take over, Article 214 does not let them share the role by default. 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. The court makes that designation using the same considerations applied to choosing among relatives generally in this area of the law, rather than leaving multiple grandparents to exercise overlapping authority.
What this means for a family facing this situation
If you believe both parents in a child's life are unsuitable, this article confirms that a grandparent is a recognized substitute, but it is the court that makes the unsuitability finding and, if needed, chooses which grandparent exercises the authority. It is not a status a grandparent can simply claim on their own initiative outside of that process, and the article does not spell out the specific grounds or procedure for raising unsuitability in the first place.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Spouses Magdalino Gabun and Carol Gabun, Nora A. Lopez, and Marcelino Alfonso vs. Winston Clark Stolk Sr, G.R. No. 234660, June 26, 2023 — read the decision on LawPhil →
- Renalyn A. Masbate and Spouses Renato Masbate and Marlyn Masbate vs. Ricky Jame Relucio, G.R. No. 235498, July 30, 2018 — read the decision on LawPhil →
- Bonifacia P. Vancil vs. Helen G. Belmes, G.R. No. 132223, June 19, 2001 — read the decision on LawPhil →