Text of the provision
Art. 216. 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.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed.
(349a, 351a, 354a)
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 there are no parents and no court-appointed guardian, this article names who steps in, in strict order:
- the surviving grandparent (per Article 214);
- the oldest sibling over 21, unless unfit or disqualified; then
- the child's actual custodian over 21, unless unfit or disqualified.
The same order of preference governs when a guardian over the child's property must be appointed. Substitute authority carries the same responsibilities — and the same civil liability — as a parent's.
Related provisions
- Article 214 — the grandparent's substitute authority.
- Article 217 — authority over foundlings and abandoned children.
Cases interpreting this article
- Authorities on Article 216 will be added here as each is verified against primary sources.