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FAMILY FIX: Parental Authority and General Contracting Principles

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A foreign lawyer requested me to review a contract that will be used by a foreign corporation to engage local volunteers to assist with audiovisual productions in the Philippines. The last page of the disclosure statement refers to the Parental consent where the Volunteer is a minor and thus he wants me to review the consent language as it applies in the context of the agreement and if it complies with local law. He further requested that if it does not comply with local law, that I provide him with the appropriate language.

I replied as follows:

1. Under Articles 211 -216 of the Family Code of the Philippines, both spouses exercise parental authority over their children and in case of disagreement the father’s decision shall prevail unless there is a judicial rule to the contrary. In case of absence or death of either parent, the surviving parent shall continue exercising parental authority. In case of separation of parents, parental authority shall be exercised by the parent design…