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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
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q fific Ti) I: 
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SENATE 
s. No. - 
Introduced by Senator Miriain Defensor Santiago 
EXPLANATORY NOTE 
Grandparents oEten form 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 lo maintain contact with 
the grandchildren they love. 
The mere fact that parents of the children axe leaving 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, particulxly after an annulment or nullity of marriage of the 
children's parents or crisis such as the death of a parent. By .reason of which, a law 
recognizing the grandparent's visitation rights should be enacted. 
DE E SORSA 
IA 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
1 
CJ 
[jfi;R -q: i i ~~' 
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Introduced by Sznalor 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: 
SECTION 1. LShort Ti&. - This Act may be known as the "Grandparents 
Visitation Rights Act". 
SECTION 2. Dejki6ion 
a) 
"Guardian", means a person appointed by a court to have the care and 
custody of a child or the child's estate, or both. 
b) 
"Parent", means a biological or an adoptive parent. Unless otherwise 
specified, the term includes both parents, regardless of their marital status. 
SECTION 3. Visitation Rights. - A child's grandparent may seek visitation rights 
if a parent or guardian of the child unreasonably: 
a) denies; or 
b) restricts 
visitation by the grandparent. 
SECTION 4. Exclusion. - A court may not grant visitation rights to a paternal 
grandparent of a child who is born out of wedlock if the child's father has not established 
paternity in relation to the child. 
SECTION 5. Contents of the Petition. - The petition must: 
1) Be filed by a grandparent entitled to receive visitation rights under this Act; 
2) Be verified; 
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3) Set forth the following: 
a. The names and relationship of: 
i. The petitioning grandparent or grandparents; 
ii. Each child with whom visitation i s  sought; and 
iii. The custodial parent or guardian of each child; 
b. The present address of each person named; 
c. The date of birth of each child with whom visitation is sought; 
d. The status under section 3 of this Act upon which the grandparent 
seeks visitation; 
e. The relief sought. 
SECTION 6. Venue. - A grandparent seeking visitation rights shall file a 
petition requesting reasonable visitation rights to: 
(1) The Family Court of the area where the child resides. 
(2) The Family Court having jurisdiction over the dissolution of the 
parents' marriage in cases where there is a pending legal action for annulment of 
marriage or declaration of nullity of marriage 
SECTION 7. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 9. Effectivity Clause. -. This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
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Approved. 
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