Outline for child custoday:

Laws surrounding child custody:

Article 211 of the Family Code provides that the father and mother shall jointly
exercise parental authority over the persons of their common children.
Art. 225. The father and the mother shall jointly exercise legal guardianship over
the property of the un emancip ated 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.

However, the award of custody to the wife does not deprive the husband of
parental authority. In the case of Silva v. Court of Appeals, we said that:
Parents have the natural right, as well as the moral and legal duty, to care for their
children, see to their upbringing and safeguard their best interest and welfare. This
authority and responsibility may not be unduly denied the parents; neither may it
be renounced by them. Even when the parents are estranged and their affection for
each other is lost, the attachment and feeling for their offsprings invariably remain
unchanged. Neither the law nor the courts allow this affinity to suffer absent, of
course, any real, grave and imminent threat to the well-being of the child
Definition of illegitimate child:
A child who is born of parents not married to each other or born out of wedlock is
an illegitimate child 1 Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in the Family Code of the
Philippines (Article 165 of the Family Code).
Children who are considered illegitimate are (1) Children born to couples who
are not legally married or of common-law marriages;
1. Children born of I ncestuous marriages;
2. Children born of bigamous marriages;
3. Children born of adulterous relations between parents;

Ranier Mamangun, Illegitimate Children, available at http://www.mylawyer.asia/node/28

(last accessed May 22, 2015)

4. Children born of marriages void for reason of public policy under Article 38
of the Family Code;
5. Children born of couples below 18, where they are married or not;
6. Children born of other void marriages under Article 15 unless otherwise
provided. (OCRG Cir. No. 89-13 dated July 17, 1989)
Yes. There are two kinds of illegitimate children. They are:
1. An unrecognized illegitimate child the child is not acknowledged by his
biological father, and thus has to use the surname of his mother.
2. A recognized illegitimate child the child is recognized or acknowledged by
his father. He is allowed to use the surname of his father. The filiation can be
recognized by the father through:
i)
The recognition of the father of the childs paternity through the record
of birth appearing in the civil register;
ii)

When admission is made in a public document;

iii) When admission is made in a private handwritten document.

Paternity and filiation refers to the relationship existing between parent and child.
Filiation may be by nature or adoption. Children may be legitimate or illegitimate.
Filiations of legitimate (or illegitimate) children are established by any of the
following:
1. The record of birth appearing in the civil registry or a final judgment
2. An admission of legitimate (or illegitimate) filiation in a public document or
a private handwritten instrument and signed by the parent concerned
David v. Court of Appeals[23] held that the recognition of an illegitimate child by the
father could be a ground for ordering the latter to give support to, but not custody
of, the child. The law explicitly confers to the mother sole parental authority over
an illegitimate child; it follows that only if she defaults can the father assume
custody and authority over the minor. Of course, the putative father may adopt his
own illegitimate child;[24] in such a case, the child shall be considered a legitimate
child of the adoptive parent
We likewise affirm the visitorial right granted by the CA to petitioner. In Silva v.
Court of Appeals,[34] the Court sustained the visitorial right of an illegitimate father
over his children in view of the constitutionally protected inherent and natural
right of parents over their children.[35] Even when the parents are estranged and

their affection for each other is lost, their attachment to and feeling for their
offspring remain unchanged. Neither the law nor the courts allow this affinity to
suffer, absent any real, grave or imminent threat to the well-being of the child.
.