Title IX Chapter 4: Effect of Parental Authority Upon the Property of the Children | Family Code of the Philippines
TITLE IX FAMILY CODE OF THE PHILIPPINES – We are now going to know about the fourth chapter of Title IX of Executive Order No. 209.
The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino.
The EO was meant to supplant Book I of the Civil Code which concerns persons and family relations. Work on the said law began in 1979 and was drafted by two successive committees, with the first chaired by Supreme Court Justice Romero, and the second by former Supreme Court Justice J.B.L. Reyes.
EO 209 covers fields significant public interest, which also includes the laws on marriage.
Contents
Chapter 4 in Title IX in the Executive Order No. 209 is titled Effect of Parental Authority Upon the Property of the Children. Here are the contents of this chapter, according to this website:
Article 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)
Article 226
The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family. (321a, 323a)
Article 227
If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child’s legitime. (322a)
READ ALSO: Title IX Chapter 3: Effect of Parental Authority Upon the Persons of the Children