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BY GORDON GUILLERGAN
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Wednesday, February 22, 2017
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“Humanity has to do its best for the child.” – Declaration of Geneva
I KNOW most of you have seen children joining popular singing competitions or reality TV shows to get the chance to win millions of pesos on top of a house and lot or a brand new car.
So what do our laws say about these children and their winnings? What is the role their parents in this case?
The Family Code, in Articles 225 up to 227, enumerates the legal obligations of parents in handling the property of their children.
Article 225 – The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated 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.
An Update on our Family Code elucidated by Atty. Gerry Gelacio noted that when the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than 10 per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply.
Article 226 – The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter’s support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family.
Article 227 – If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be charged to the child’s legitime.
I see this as a subtle abuse of the child especially when they are made or force into being bread winners at such a young age. But in a society where more than half belong to the marginalized, one could not help but do this. For as long as the welfare of the child is taken into consideration and not abused, it is but proper./PN
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