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^{CONCURRING OPINION}

VITUG, J.:

I share the opinion very well expressed by Madame Justice Angelina Sandoval-Gutierrez, in her ponencia.

There is in law and jurisprudence a recognition of the deep ties that bind parent and child. Parents are thus placed first in rank in matters of parental authority. Substitute parental authority may be exercised by the grandparents only in case the parents have died or are absent or declared unfit in proper proceedings for that purpose. ¹ Parental authority stands to include the right and duty to the custody of the child, excepting only, of course, what might otherwise be best for the childs welfare.

When the law speaks of family relations, it must be deemed to refer, unless the contrary is there indicated or the context of the law otherwise clearly conveys, to both legitimate and illegitimate ties. The childs illegitimacy does not in any way affect the order of priority in the exercise of parental authority. Indeed, Article 176 of the Family code states that an illegitimate child shall be under the parental authority of the mother who, consequentially, should also be entitled to the custody of the child. ²

¹ Article 214, Family Code.

² David v. Court of Appeals, 250 SCRA 82.