Article 288. of Sec. 2 Other Illegitimate Children of The Civil Code of The Philippines

Art. 288: Minor children mentioned in the preceding article are under the parental authority of the mother.

Discussion:

In practice, it is very rare that the mother of any child does not acknowledge her child. A child under seven years of age shall not be separated from his mother, which is based on the basic need of a child. The mother is legally and morally bound to provide the loving care and support to the child to ensure that the child grows to be a productive citizen of our country.

        The article provides that, No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. This is more pronounced in case of illegitimate children, shall be under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child. By this acknowledgment this descent of the child is secured.

The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. It just shows that this rule is not absolute. Instances of unsuitability are neglect, abandonment, and maltreatment of the child, insanity, and affliction. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent’s abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

When we talks about Custody of a child, choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person. Decisions on custody of children are always open to adjustment as the circumstances may occur. The father of an illegitimate child has the obligation to give support to the child but has no right to custody of the child unless the mother defaults.

It is always best to have some agreement with regards to custody and support for an illegitimate child.  It is a joy to have a child and the joy should be shared.  Although the mother has sole parental authority over the child, the mother can also agree to share custody of the child with the biological father.  Even if she doesn't the father has the right to have access or contact with the child.  He has visitation rights.