- Statute
- Philippine Family Code
- Article
- Art. 213
- Topic
- Custody upon separation of the parents
- Status
- In force
- Year
- 1987
- Cited by
- Multiple Supreme Court decisions
The provision
In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n) No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.
Intellegal Wiki · In plain terms
When parents separate, the court decides which parent holds parental authority over a child, weighing all relevant factors—especially the preference of a child over seven years old, unless the chosen parent is unfit. A child under seven may not be separated from the mother unless the court finds compelling reasons to order otherwise.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In David v. Court of Appeals, the Supreme Court held: Habeas corpus is the proper remedy where a mother is deprived of the custody of her illegitimate child, who is under her sole parental authority (Article 176); a child under seven is not separated from the mother absent compelling reasons (Article 213).
One leading Supreme Court case applying this provision.
Cases applying this article
- Herald Black Dacasin v. Sharon del Mundo Dacasin G.R. No. 168785
- Briones v. Miguel G.R. No. 156343
- David v. Court of Appeals G.R. No. 111180
- Pablo-Gualberto v. Gualberto G.R. No. 154994
- Madrinan v. Madrinan G.R. No. 159374
- Perez v. Court of Appeals G.R. No. 118870
- Hirsch v. Court of Appeals G.R. No. 174485
- Masbate v. Relucio G.R. No. 235498