Text of the provision
Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply.
(320a)
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
Parents are the legal guardians of their unemancipated child's property automatically — no court appointment needed. They exercise it jointly, with the father's decision breaking a deadlock unless a court orders otherwise (mirroring Article 211 for the person of the child).
Once the child's property or annual income exceeds P50,000, a safeguard kicks in: the parent must post a bond of at least 10% of that value to guarantee proper management, approved in a summary special proceeding. The ordinary rules on guardianship apply only suppletorily — except where the child is under substitute parental authority, the guardian is a stranger, or a parent has remarried, in which case those fuller rules govern.
Related provisions
- Article 211 — joint authority over the person of the child.
- Article 222 — court appointment of a property guardian when needed.
Cases interpreting this article
- Authorities on Article 225 will be added here as each is verified against primary sources.