Text of the provision

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.

(355a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

When both parents are dead, absent, or unsuitable, the child does not simply fall to whoever is nearest. The law designates the surviving grandparent as the first substitute to exercise parental authority.

If several grandparents survive, the court chooses among them, guided by the child's welfare and the choice considerations that govern custody generally. This is the first rung of the substitute-authority ladder set out more fully in Article 216.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.