In case of the absence or death of either parent, the present or surviving parent shall continue to
exercise parental authority over such children, unless in case of the surviving parent's remarriage, the
court, for justifiable reasons, appoints another person as guardian.
In case of separation of his parents, no child under five years of age shall be separated from his mother
unless the court finds compelling reasons to do so.
Article 18. Grandparents. - Grandparents shall be consulted on important family questions but they
shall not interfere in the exercise of parental authority by the parents.
Article 19. Absence or Death of Parents. - Grandparents and in their default, the oldest brother or
sister who is at least eighteen years of age, or the relative who has actual custody of the child, shall
exercise parental authority in case of absence or death of both parents, unless a guardian has been
appointed in accordance with the succeeding provision.
Article 20. Guardian. - The court may, upon the death of the parents and in the cases mentioned in
Arts. 328 to 332 of the Civil Code, appoint a guardian for the person and property of the child, on
petition of any relative or friend of the family or the Department of Social Welfare.
Article 21. Dependent, Abandoned or Neglected Child. - The dependent, abandoned or neglected child
shall be under the parental authority of a suitable or accredited person or institution that is caring for
him as provided for under the four preceding articles, after the child has been declared abandoned by
either the court or the Department of Social Welfare.
Article 22. Transfer to the Department of Social Welfare. - The dependent, abandoned or neglected
child may be transferred to the care of the Department of Social Welfare or a duly licensed child-caring
institution or individual in accordance with Articles 142 and 154 of this Code, or upon the request of the
person or institution exercising parental authority over him.
From the time of such transfer, the Department of Social Welfare or the duly licensed child-caring
institution or individual shall be considered the guardian of the child for all intents and purposes.
Article 23. Case Study. - It shall be the duty of the Department of Social Welfare to make a case study
of every child who is the subject of guardianship or custody proceedings and to submit its report and
recommendations on the matter to the court for its guidance.
Article 24. Intervention of Department of Social Welfare. - The Department of Social Welfare shall
intervene on behalf of the child if it finds, after its case study, that the petition for guardianship or
custody should be denied.
Article 25. Hearings Confidential. - The hearing on guardianship and custody proceedings may, at the
discretion of the court, be closed to the public and the records thereof shall not be released without its
approval.
Article 26. Repealing Clause. - All provisions of the Civil Code on parental authority which are not
inconsistent with the provisions of this Chapter shall remain in force: Provided, That Articles 334 up to
348 inclusive on Adoption, are hereby expressly repealed and replaced by Section B of this Chapter.
SECTION B. Adoption