Text of the provision

Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child.

(n)

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

As soon as the petition is filed, the court must notify whoever holds parental authority over the child — the parents, or, if they are absent or incapacitated, the individuals, entities or institutions exercising that authority (for example, a grandparent or an accredited children's home).

The notice ensures that those responsible for the child can be heard before the court acts on the incident — the same due-process instinct that governs the separation-in-fact chapter.

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.