Text of the provision
Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper.
(318a)
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 ordinary discipline is not enough, those with parental authority may ask the court where the child lives for an order of disciplinary measures. The child is not a passive subject: they are entitled to counsel (chosen or court-appointed) and to be heard at a summary hearing.
The proceeding cuts both ways. If the court finds the petitioner (the parent) is the one at fault — regardless of the petition's merits — or if circumstances warrant, it may deprive or suspend the petitioner's own parental authority, or order other just measures. A parent invoking this power exposes their own conduct to scrutiny.
Related provisions
- Article 224 — commitment of the child as a disciplinary measure.
- Article 220 — the duty to impose reasonable discipline.
Cases interpreting this article
- Authorities on Article 223 will be added here as each is verified against primary sources.