Article Explanation: Articles 209, 210, 211, 212 and 213 of the Family Code

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)

Explanation:
Paternal authority patria petestas is the mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation, and even after this under certain circumstances.

The article emphasizes that pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility includes: (a) the caring for and rearing of such children for civic consciousness and efficiency; and (b) the development of their moral, mental and physical character and well-being.

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)

Explanation:
Parental authority can not be renounced or transferred except in the cases authorized by law, such as: (a) guardianship; (b) adoption; and (c) deprivation or suspension of parental authority (Arts. 223-224).

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (311a)

Explanation:
Both spouses exercise parental authority over their common children and in case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

The children shall always observe respect and reverence toward their parents, whether or not they are not under parental authority. The children are obliged to obey his or her parents as long as they are under parental authority.

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

Explanation:
The parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be guardian of the person or property of the children.

Art. 213. 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.

Explanation:
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. No child under seven years of age shall be separated from the mother, unless the parent chosen is unfit. The task of choosing the parent to whom custody should be awarded is not a ministerial function to be determined by a simple determination of the age of a minor child. Whether a child is under or over seven years of age, the paramount criterion must always be the child’s interest. Discretion is given to the court to decide who can best assure the welfare of the child, and award the custody on the basis of that consideration. To be sure, the welfare, best interests, the benefit, and the good of the child must be determined as of the time that either parent is chosen to be the custodian. When the parents of the child are separated, Article 213 of the Family Code is the applicable law.

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