Page 138 - Important Provisions of The New Civil Code

Article 216. In default of parents or a judicially

appointed guardian, the following person shall

exercise substitute parental authority over the

child in the order indicated:

(1) The surviving grandparent, as provided in

Article 214;

(2) The oldest brother or sister, over twenty-

one years of age, unless unfit or disqualified;

and

(3) The child's actual custodian, over twenty-

one years of age, unless unfit or disqualified.

Whenever the appointment or a judicial

guardian over the property of the child

becomes necessary, the same order of

preference shall be observed. (349a, 351a, 354a)