Who has parental authority and custody over illegitimate children?
■ Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.” (Art. 176, Family Code)
■ An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. (Joey Briones vs. Maricel Miguel et al., G.R. No. 156343, October 18, 2004)
■ An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child in her company. The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. (Joey Briones vs. Maricel Miguel et al., G.R. No. 156343, October 18, 2004)
■ The fact that the illegitimate child was recognized by the father could be a ground for ordering the latter to give support to, but not custody of, the child. (David v. Court of Appeals, G.R. No. 111180, November 16, 1995)
■ The law explicitly confers to the mother sole parental authority over an illegitimate child; it follows that only if she defaults can the father assume custody and authority over the minor.Of course, the putative father may adopt his own illegitimate child; in such a case, the child shall be considered a legitimate child of the adoptive parent. (Briones vs. Miguel et al., ibid.)