Dear PAO,
My sister plans to leave the country for “church purposes.” She intends to leave her two children, ages 5 and 12, with me. She has been unemployed for half a year, has many debts, and barely provides for them. I am an unemployed college student, and I do not agree to be their guardian. I am worried about the children’s care. Is it legal for her to leave the children with me without my consent? What are the legal consequences for her behavior? Does this constitute child abandonment? What should I do? Can I report this to the authorities?
-Lenny Wanlang Santabi
Dear Ms. Santabi,
Articles 209 and 210 of the Family Code explicitly state that the responsibility of parents to provide and care for their children are compulsory and cannot be easily renounced:
“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.
“Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law.”
Your sister’s plan may constitute a serious violation of her parental authority and responsibility. By leaving the country and entrusting the care of her minor children to you—an unwilling and unemployed student—without securing a proper substitute, she may be committing child abandonment or neglect. In Cang vs. Court of Appeals, G.R. No. 105308, 25 September 1998, penned by Associate Justice Flerida Ruth Pineda-Romero, the Supreme Court interpreted abandonment as follows:
“In its ordinary sense, the word “abandon’’ means to forsake entirely, to forsake or renounce utterly. The dictionaries trace this word to the root idea of “putting under a ban.” The emphasis is on the finality and publicity with which a thing or body is thus put in the control of another, hence, the meaning of giving up absolutely, with intent never to resume or claim one’s rights or interests. In reference to abandonment of a child by his parent, the act of abandonment imports “any conduct of the parent which evinces a settled purpose to forego all parental duties and relinquish all parental claims to the child.” It means “neglect or refusal to perform the natural and legal obligations of care and support which parents owe their children.”
Her behavior could serve as a ground for termination of her parental authority under Article 229 of the Family Code, as it may constitute a refusal or neglect to provide care and support to her children. You may report the situation to the barangay authorities or directly to the Department of Social Welfare and Development. They can intervene to protect the children and hold your sister accountable.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
