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Philippine Bar review · Question

Practice question: Parental Authority

Multiple Choice Hard

Practice question

During separation proceedings, a father seeks exclusive authority over his six-year-old because his house is larger. The mother provides appropriate care; no compelling reason to separate the child from her is established. The father argues that the child’s casual preference for his swimming pool controls. Which conclusion follows Article 213?
  1. The court must transfer authority because property value controls
  2. The under-seven rule bars separation from the mother absent judicially found compelling reasons; these facts do not supply them
  3. A six-year-old’s preference is always binding
  4. Separation automatically extinguishes both parents’ authority
  5. The parents may require the registrar to auction authority

Legal references

  • Family Code, Article 213: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html

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