Doctrine of Parens Patriae

What is the Doctrine of Parens Patriae? 

Doctrine of Parens Patriae provides that the State as a sovereign, acts as the parens patriae or the “parent of his or her country”, which means that it has the right to enforce all charities of a public nature, by virtue of its general superintending authority over the public interests, where no other person is entrusted with. [Gov. of the Philippine Islands vs. Monte de Piedad (G.R. No. 9959, December13,1916)] 

In other words, it grants the State the authority to act as a guardian for those who are unable to care for themselves. This authority stems from the State’s general responsibility to manage public interests and supervise matters related to public welfare. Thus, under this doctrine, the State may intervene on behalf of individuals who are incapacitated, such as minors or those with mental disabilities, and to ensure their well-being and protection. 

Judiciary as the parens patriae 

The case of Cabanas vs. Pilapil (G.R. NO. L-25843, July 25, 1974) pertains to the issue of who should be entitled to act as trustee of a minor, taking into account that the welfare of the child is the paramount consideration. The judiciary, as an agency of the State acting as parens patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to his best interest.