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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENtT.P... 
s. No. 
/SoS 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Grandparents often fonn deep and loving attachments with their grandchildren. Yet when 
death, legal separation, nullity of marriage, or estrangement tears families apart, the grandparents 
find themselves without any legal right to maintain contact with the grandchildren they love. 
The mere fact that parents of the children are living separately or their marriage is 
severed, should not automatically serve to grant the custodial parent the right to dissolve a 
positive relationship between the grandparents and their grandchildren. The reason being that it 
can be traumatic to the grandchild to suddenly be denied access to grandparents who have been 
involved in the child's life. 
It bears emphasis that grandparents provide a stabilizing role in their grandchildren's 
lives, particularly after, an annulment or nullity of marriage of the children's parents or crisis 
such as the death of a p.arent. By reason of which, a law recognizing the grandparent's visitation 
.' 
rights should be enacted'. I 
I This bill was originally filed in the Fourteenth Congress, Second Regular Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1856 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
GRANTING GRANDPARENTS THE VISITATION RIGHTS OVER THEIR 
GRANDCHILDREN 
Be it. enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Shorl Title. - This Act may be known as the "Grandparents Visitation 
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Rights Act ". 
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SECTlON 2. })~flnilion. 
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a) 
"Guardian", means a person appointed by a court to have the care and custody of 
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a child or the child's estate, or both. 
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b) 
"Parent", means a biological or an adoptive parent. Unless otherwise specified, 
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the term includes both parents, regardless of their marital status. 
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SECTION 3. Visitation Rights. - A child's grandparent may seek visitation rights if a 
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parent or guardian of the child unreasonably denies or restricts visitation by the grandparent. 
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SECTION 4. Exclusion. - A court may not grant visitation rights to a paternal 
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grandparent of a child who is born out of wedlock if the child's father has not established 
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paternity in relation to the child. 
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SECTION 5. Contents of the Petition. - The petition must: 
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1) Be filed by a grandparent entitled to receive visitation rights under this Act; 
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2) Be verifi'ed; 
, 
. 
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3) Set forth the following: 
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a. The names and relationship of: 
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1. The petitioning grandparent or grandparents; 
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n. Each child with whom visitation is sought; and 
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111. The custodial parent or guardian of each child; 
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b. The present address of each person named; 
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c. The date of birth of each child with whom visitation is sought; 
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d. The status under section 3 of this Act upon which the grandparent seeks 
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visitation; 
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e. The relief sought. 
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SECTION 6. Venue. - A grandparent seeking visitation rights shall file a petition 
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requesting reasonable visitation rights to: 
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(1) The Family Court of the area where the child resides. 
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(2) The Family Court having jurisdiction over the dissolution of the parents' 
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marriage in cases where there is a pending legal action for annulment of marriage or 
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declaration of nullity of marriage 
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SECTION 7. Separability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 8. J?epealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved. 
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