Real Talk

Supreme Court Decisions On Excessive Discipline On Kids And OFW Parents’ Right To Children

by Alexa Villano
February 25, 2025

The Supreme Court handed its decisions on two cases that include disciplining children and an OFW parent’s right to her children

Discipline is one thing but there are cases when it becomes too much, especially when one parent is an OFW. The OFW parent would be deemed “absent” but their lack of physical presence is no longer grounds to take away one parent’s right. The Supreme Court has released decisions in two cases involving children’s custody and excessive discipline that could harm a child’s dignity. We explain why these decisions matter for families or couples who may be going through the ordeal.

Excessive Discipline That Harms Children’s Dignity Is Child Abuse

In January, the court reiterated that disciplining children that may result from injuries does not automatically fall under child abuse unless there is a clear intention “to harm the child’s dignity.” However, in one case, a father had been convicted by the Supreme Court, the Regional Trial Court, and the Court of Appeals for child abuse for hurting his 12-year-old daughter and 10-year-old son for excessive discipline.

According to the case, from 2017 to 2018, the father beat his children, with his daughter getting kicked and struck with a wooden rod with a nail, hitting them with a dustpan, and cursing at them repeatedly. In his defense, the father explained that his actions were meant to teach his kids a lesson for misbehavior.

The regional trial court and CA pointed out that the father violated Republic Act (RA) No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. Under Section 3 (b) of the law, it’s said that “any act that debases, degrades, or demeans a child’s dignity is considered child abuse.”

The father appealed the decision to the Supreme Court. However, the court upheld the first decision, saying the father “went beyond reasonable discipline, showing a clear intent to harm the children’s dignity.”

The decision, penned by Associate Justice Jhosep Y. Lopez said that while parents have the right to discipline their children, the measures should not be excessive and violent, degrading the child’s dignity. It also pointed out that without this specific intent, the offender may not be held liable for child abuse but can be charged with other crimes under the Revised Penal Code.

What The Decision Reminds Us

There are many ways to discipline a child without resulting in harm or violence. While there will be frustrations, the case reminds us that physically harming children can lead to negative reactions on both the parent and child. One of the best ways to discipline a child is to talk to them and if they still are stubborn, remind them that there are consequences to their actions.

Disciplining children and an OFW’s right to her children

OFW Parents Have Custody Over Children Despite Absence

Many Filipino parents work overseas to provide for their children and leave them to their relatives. Although a parent may be absent from their child’s life, he or she still has custody and rights over them.

In the decision, penned by Associate Justice Jhosep Y. Lopez, the SC’s second division granted an OFW sole custody of her children, with provisional custody granted to the grandmother who lives in the Philippines.

Sole custody is when one parent has the care of the children, while joint custody is when two parents are involved.

The decision came from a case in which a woman separated from her husband after four years of marriage. The couple initially had joint custody of their two children. She now allows her children to live with their dad as long as he can provide financial support.

The mother was set to leave for France to work and leave the children under their dad’s care. However, she found out that he would leave the children to other people without consent. The mother took the kids and put them under the custody of their grandmother and signed a document, informing them that she was the legal guardian.

The husband challenged this in court, saying that as the father, he has the right to custody when the mother is absent. The court sided with the mother, awarding “exclusive parental authority and permanent custody of the children.”

In her absence, the court said the grandmother is the children’s guardian. The father meanwhile was given visitation rights.

The Court of Appeals on the other hand gave joint parental authority but the children remain under their mother. The SC on the other hand wrote that a mother should not be considered “absent” just because she is working abroad. The SC added: “ Being an OFW does not strip a parent of their right to exercise parental authority or to have sole custody of their children.”

OFW Parents are still parents

This case is relatable for many Filipino families. One member, in this case, the mother has to sacrifice her presence to provide for her two children. Although she allows her ex-husband to be with their children, she still exercises her right as the mother to ensure their safety if the father cannot take care of them when she is not around.

The media has reported stories of parents abroad always challenging their right to be with their children. While this puts them under stress, they want nothing but the best for their children and will do everything to ensure their security.