Text of the provision
Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
(327a)
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
Unlike the permanent terminations of Article 228, these five are not necessarily forever — each may be revived by a later final judgment: the child's adoption, the appointment of a general guardian, a judicial declaration of abandonment, a judgment divesting a person of parental authority, or a declaration of the parent's absence or incapacity.
The common thread is that each rests on a condition that can change — a guardian is discharged, an incapacity lifts, an absent parent returns — so the law leaves the door open for a court to restore authority.
Related provisions
- Article 228 — the permanent terminations by contrast.
- Article 232 — permanent deprivation for sexual abuse.
Cases interpreting this article
- Authorities on Article 229 will be added here as each is verified against primary sources.