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Notes_Family Code 175-193

Notes_Family Code 175-193

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Published by Christy Tiu

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Published by: Christy Tiu on Jun 19, 2012
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Persons and Family Relations 1D 2014 Judge Bonifacio
Persons Family CodeChapter 2 Illegitimate ChildrenArticle 175Illegitimate children may establish their illegitimate filiation inthe same way and on the same evidence as legitimate children. The action must be brought within the same period specified inArticle 173, except when the action is based on the secondparagraph of Article 172, in which case the action may bebrought during the lifetime of the alleged parentArticle 172 The filiation of illegitimate children is established by anyof the ff:1.The record of birth appearing in the civil register or afinal judgment;2.An admission of legitimate filiation in a publicdocument or a private handwritten instrument andsigned by the parent concernedIn the absence of the foregoing evidence, the illegitimatefiliation shall be proved by:1.The open &
continuous
possession of the status of alegitimate child;2.Any other means allowed by the Rules of Court andspecial lawsArticle 173 The action to claim legitimacy may be brought by thechild during his or her lifetime and shall be transmitted tothe heirs should the child die during minority or in a stateof insanity. In these cases, the heirs shall have a period of five years within which to institute the action The action already commenced by the child shall survive,notwithstanding the death of either or both of the partiesCohabitation need not be continuous or permanentArticle 176Illegitimate children shall use the surname and shall be underthe parental authority of their mother, and shall be entitled tosupport in conformity with this Code. The legitime of eachillegitimate child shall consist of one-half of the legitime of alegitimate childSurname – mother’sParental authority – mother’sLegitime – each illegitimate child gets 1/2 of the legitimeof each legitimate childIllegitimate – refers to both natural and spurious childrenAn illegitimate child born after the effectivity of theFamily Code has no right to use her father’s surnameeven if father admits paternityChapter 4 Legitimated ChildrenArticle 177Only children conceived and born outside of wedlock of parentswho, at the time of the conception of the former, were
notdisqualified by any impediment
to marry each other may belegitimate
d
.Legitimated child – illegitimate child given the rights of alegitimate, provided the ff requisites are present:a.Conceived and born outside of wedlock of parents whoat the time of the
conception
of the child were notdisqualified by any impediment to marry each other.Catholic priest is not an impedimentb.A subsequent valid marriage between the parentsIf a marriage is VOIDABLE, then annulled, legitimationremains valid since a voidable marriage is
validbefore annulled
Article 178 Tiu, Jaclyn Christy Page 1
 
Persons and Family Relations 1D 2014 Judge Bonifacio
Legitimation shall take place by a subsequent valid marriagebetween parents. The annulment of a voidable marriage shallnot affect the legitimationOperative act of legitimation – subsequent valid marriagebetween the parents of the natural child or childrenArticle 179Legitimated children shall enjoy the same rights as legitimatechildrenSame status and rights, as of the time of their birthArticle 180 The effects of legitimation shall retroact to the time of thechild’s birthLegitimation produces effects as of the child’s birth, forlegal purposes, the child is deemed born a legitimatechild and has a right to participate in a succession openedBEFORE marriage.Article 181 The legitimation of children who died sbefore the celebration of the marriage shall benefit their descendantsLegitimated child can inherit by right of representation interms of succession.Unusual for a legitimated child to use his mother’ssurname instead of his father’s.Article 182Legitimation may be impugned
only by those who areprejudiced
in their rights,
within 5 years
from the time theircause of action accrues Title VII AdoptionArticle 183A person of age and in possession of full civil capacity and legalrights may adopt, provided he is in a position to support andcare for his children, legitimate or illegitimate, in keeping withthe means of the family.Only minors may be adopted, except in the case when theadoption of a person of majority age is allowed in this Title.In addition, the adopter must be at least sixteen years olderthan the person to be adopted, unless the adopter is the parentby nature of the adopted, or is the spouse of the legitimateparent of the person to be adopted.Adoption – process of making a child, whether related ornot to the adopter, posses in general, the rights accordedto a legitimate child.-Not merely to establish a relationship of paternity andfiliation, but also as an act which endows the child witha legit status-Philosophy behind adoption: to promote the welfare of the child and every reasonable intendment should besustained to promote that objectiveIn an adoption case which involves the status of a person,there is no particular defendant; the action is one in rem. The fact of adoption is never presumed; absence of record of adoption gives rise to a presumption that theadoption is non-existent.Nature of adoption proceedings-IN REM, there must be jurisdiction over the SUBJECTMATTER, the PARTIES, and the RES (the personalstatus of the would-be adoptor and the would-beadopter and the would-be adopted-In view of the IN REM nature, constructive notice byPUBLICATION is allowed. Tiu, Jaclyn Christy Page 2
 
Persons and Family Relations 1D 2014 Judge Bonifacio
Qualification of adopter1.Must be of age (at least 18 years old)2.In possession of full civil capacity and legal rights3.In a position of support and care for his children(legitimate or illegitimate) in keeping with the meansof the family4. Generally at least 16 years older than the adoptedGeneral rule: only minors may be adoptedException: those of major age may be adopted if allowedunder this titleWhen adopter may be less than 16 years older thanadopted1.When the adopter is the parent by nature of theadopted2.When the adopter is the spouse of the legitimateparent of the person to be adoptedIn all cases involving the CUSTODY, CARE, EDUCATIONand PROPERTY of children, their welfare is paramount.A decree of adoption cannot be made to retroact.Article 184 The following persons may
not
adopt:1.The guardian with respect to the ward prior to theapproval of the final accounts rendered upon thetermination of their guardianship relation2.Any person who has been convicted of a crime involvingmoral turpitude3.An alien,
except
:a.A former Filipino citizen who seeks to adopt arelative by consanguinityb.One who is married to a Filipino citizenand seeks toadop jointly with his or her spouse a relative byconsanguinity of the latterAliens not included in the foregoing exceptions may adoptFilipino children in accordance with the rules on inter-countryadoption as may be provided by law.Guardians may adopt wards only:a.After approval of their final accountsb.The final accounts must have been rendered upon thetermination of the guardianship relationConviction of a crime involving moral turpitude – theremust be FINAL judgmentAliensa.The person to be adopted from the Phils must be arelative by CONSANGUINITY and the adopter must bea FORMER Filipinob.Married to a Filipino and wants to adopt the legitimatechild of spouse; NOT applicable to illegitimate child of spousec.Adoption here must be made JOINTLY by the alien andthe Filipino spoused.Aliens who may not ordinarily adopt may do so IFPERMITTED under the rules on inter-country adoptionas may be provided by law The status of adoption once created under the PROPERforeign law will be RECOGNIZED in the Phils, exceptwhere public policy or the interests of its inhabitantsforbid its enforcement and demand the substitution of theforeign lawAdoption created under the law of a foreign country isentitled to registered in the corresponding civil register in Tiu, Jaclyn Christy Page 3

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