Report: Article 216 of Family Code of the Philippines

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:

(1) The surviving grandparent, as provided in Art. 214;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and

(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)

Substitute parental authority was exercised in case of death, absence or unsuitability of parents. Thus it is not concurrent with the parental authority of the actual parents.

If the child has no grandparent, substitute parental authority will be given to the oldest brother or sister, over 21 years of age, if none, the child’s actual custodian, over 21 years of age.