ABSTRACT
The granting and determination of who may exercise parental authority over children affects child rights. The best interests of the child must always take precedence in deciding this matter. The UN Convention on the Rights of the Child mandates that the child’s best interests be the primary consideration in all actions concerning children. This principle refers to the totality of the circumstances and conditions that are most congenial to the survival, protection, and feelings of security of the child. Parental authority is a mass of statutory rights and obligations granted to parents for the children’s physical preservation and development, cultivation of intellect, and education of hearts and senses. In the Philippines, the father and the mother exercise joint parental authority over their common legitimate children. If the parents disagree, the father’s decision prevails. The mother can question such decisions in court. For the illegitimate children, parental authority is exercised by the mother, regardless of whether the father admits paternity. As can be seen in some cases, these default rules do not always result in a situation that protects the child’s best interests. The Tender Age Rule applies in the Philippines. It prohibits the separation of a child below seven years of age from the mother, unless the court finds compelling reasons to order otherwise. In depriving, terminating, or suspending parental authority of any individual, the courts determine whether these compelling reasons affect the overall well-being of the child. This highlights the idea that best interests of the child is an important aspect in allowing parents to continue exercising parental authority over their children since the removal of such authority hinges largely on the effects of particular phenomena for the child.
