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Persons and Family Relations 1D 2014 Judge Bonifacio

Persons Family Code Chapter 2 Illegitimate Children Article 175 Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent Article 172 The filiation of illegitimate children is established by any of the ff: 1. The record of birth appearing in the civil register or a final judgment; 2. An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned In the absence of the foregoing evidence, the illegitimate filiation shall be proved by: 1. The open & continuous possession of the status of a legitimate child; 2. Any other means allowed by the Rules of Court and special laws Article 173 The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of 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 parties Cohabitation need not be continuous or permanent Tiu, Jaclyn Christy Article 176 Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child Surname mothers Parental authority mothers Legitime each illegitimate child gets 1/2 of the legitime of each legitimate child Illegitimate refers to both natural and spurious children An illegitimate child born after the effectivity of the Family Code has no right to use her fathers surname even if father admits paternity Chapter 4 Legitimated Children Article 177 Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. Legitimated child illegitimate child given the rights of a legitimate, provided the ff requisites are present: a. Conceived and born outside of wedlock of parents who at the time of the conception of the child were not disqualified by any impediment to marry each other. Catholic priest is not an impediment b. A subsequent valid marriage between the parents If a marriage is VOIDABLE, then annulled, legitimation remains valid since a voidable marriage is valid before annulled Article 178 Page 1

Persons and Family Relations 1D 2014 Judge Bonifacio


Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation Operative act of legitimation subsequent valid marriage between the parents of the natural child or children Article 179 Legitimated children shall enjoy the same rights as legitimate children Same status and rights, as of the time of their birth Article 180 The effects of legitimation shall retroact to the time of the childs birth Legitimation produces effects as of the childs birth, for legal purposes, the child is deemed born a legitimate child and has a right to participate in a succession opened BEFORE marriage. Article 181 The legitimation of children who died sbefore the celebration of the marriage shall benefit their descendants Legitimated child can inherit by right of representation in terms of succession. Unusual for a legitimated child to use his mothers surname instead of his fathers. Article 182 Legitimation may be impugned only by those who are prejudiced in their rights, within 5 years from the time their cause of action accrues Title VII Adoption Article 183 A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family. Only minors may be adopted, except in the case when the adoption of a person of majority age is allowed in this Title. In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to be adopted. Adoption process of making a child, whether related or not to the adopter, posses in general, the rights accorded to a legitimate child. - Not merely to establish a relationship of paternity and filiation, but also as an act which endows the child with a legit status - Philosophy behind adoption: to promote the welfare of the child and every reasonable intendment should be sustained to promote that objective In 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 the adoption is non-existent. Nature of adoption proceedings - IN REM, there must be jurisdiction over the SUBJECT MATTER, the PARTIES, and the RES (the personal status of the would-be adoptor and the would-be adopter and the would-be adopted - In view of the IN REM nature, constructive notice by PUBLICATION is allowed.

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Persons and Family Relations 1D 2014 Judge Bonifacio


Qualification of adopter 1. Must be of age (at least 18 years old) 2. In possession of full civil capacity and legal rights 3. In a position of support and care for his children (legitimate or illegitimate) in keeping with the means of the family 4. Generally at least 16 years older than the adopted General rule: only minors may be adopted Exception: those of major age may be adopted if allowed under this title When adopter may be less than 16 years older than adopted 1. When the adopter is the parent by nature of the adopted 2. When the adopter is the spouse of the legitimate parent of the person to be adopted In all cases involving the CUSTODY, CARE, EDUCATION and 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 the approval of the final accounts rendered upon the termination of their guardianship relation 2. Any person who has been convicted of a crime involving moral turpitude 3. An alien, except: a. A former Filipino citizen who seeks to adopt a relative by consanguinity b. One who is married to a Filipino citizenand seeks to adop jointly with his or her spouse a relative by consanguinity of the latter Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoption as may be provided by law. Guardians may adopt wards only: a. After approval of their final accounts b. The final accounts must have been rendered upon the termination of the guardianship relation Conviction of a crime involving moral turpitude there must be FINAL judgment Aliens a. The person to be adopted from the Phils must be a relative by CONSANGUINITY and the adopter must be a FORMER Filipino b. Married to a Filipino and wants to adopt the legitimate child of spouse; NOT applicable to illegitimate child of spouse c. Adoption here must be made JOINTLY by the alien and the Filipino spouse d. Aliens who may not ordinarily adopt may do so IF PERMITTED under the rules on inter-country adoption as may be provided by law The status of adoption once created under the PROPER foreign law will be RECOGNIZED in the Phils, except where public policy or the interests of its inhabitants forbid its enforcement and demand the substitution of the foreign law Adoption created under the law of a foreign country is entitled to registered in the corresponding civil register in

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Persons and Family Relations 1D 2014 Judge Bonifacio


the Phils but shall be governed by the laws of THIS country Adopted is a non-resident alien MUST submit to a family case study in his HOME state. If favorable, then 1. judgment of adoption by Phil local court shall be given effect 2. rule that adopted child and adopting parents must live together can apply 3. mandamus will lie for issuance of a travel permit ot child to enable him to join the adopting parents abroad Article 185 Husband and wife must jointly adopt, except in the following cases: 1. when one spouse seeks to adopt his own illegitimate child 2. when one spouse seeks adopt the legitimate child of the other General rule: H&W must jointly adopt Exceptions: 1. own legitimate child 2. legitimate child of spouse Article 186 In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses in accordance with this Code. If disagreement ensues fathers decision shall prevail, unless there is a judicial order to the contrary Article 187 The following may NOT be adopted: 1. A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the Tiu, Jaclyn Christy adoption, said person had been consistently considered and treated by the adopter as his or her own child during minority; 2. An alien with those government the Republic of the Phils has no diplomatic relations 3. A person who has already been adopted unless such adoption has been previously revoked or rescinded. Par 1 persons of legal age meeting the following conditions: 1. Must be a child by NATURE of the adopter or of the adopters spouse 2. The child, prior to adoption, had been consistently considered and treated by the adapter as his or her own child during minority Par 2 to avoid any official contact direct or indirect with the country with which the Phils does not have diplomatic relations, where there is a perceived difficulty in negotiating for protection of Filipino citizens Par 3 restatement of the fundamental rule against double or multiple adoptions; it is unnatural for a person to have two or more fathers or mothers Article 188 The written consent of the following to the adoption shall be necessary: 1. The person to be adopted, if ten years of age or over; 2. The parents by nature of the child, the legal guardian, or the proper government instrumentality 3. The legitimate and adopted children, ten years of age or over, of the adopting parent, or parents; 4. The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the fathers spouse, if any; and

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Persons and Family Relations 1D 2014 Judge Bonifacio


5. The spouse, if any, of the person adopting or to be adopted Consent must be WRITTEN 10 years of age There is a difference between: a. Legitimate or adopted b. Illegitimate must be living with said parent and the latters spouse, if any De Facto guardian can give consent in adoption cases Consent does not necessarily mean that the consenter is also adopting the child (for no. 5) Article 189 Adoption shall have the following effects: 1. For CIVIL purposes the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters; 2. The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and 3. The adopted shall remain an intestate heir of his parents and other blood relatives A decree of adoption has the effect of dissolving he authority vested in natural parents over the adopted child except when the adopting parent is the spouse of the natural parent, in which case parental authority will be exercised by both spouses. Trial custody period before the issuance of a decree of adoption; parental authority in this period is provisionally Tiu, Jaclyn Christy Page 5 vested in the adopting parents precisely because they are given actual custody of the child Article 190 Legal or intestate succession to the estate of the adopted shall be governed by the following rules: 1. Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession; 2. When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopters, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters; 3. When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters; 4. When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters; 5. When only the adopters survive, they shall inherit the entire estate; and 6. When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply This article applies only to LEGAL or INTESTATE succession

Persons and Family Relations 1D 2014 Judge Bonifacio


Par 1 adopted child died intestate survived by wife and legit children; estate will be divided EQUALLY among them Par 2 adopted child dies intestate, half of his estate will go to the legitimate parents and half to the adopter/s. Par 3 consent of spouse OR illegitimate children with the adopter/s; means that estate is divided into 2 parts Par 4 consent of spouse AND illegitimate children with adopter/s; means that estate is divided into 3 parts Par 5 adopters are the ONLY survivors, adopters get entire estate, and shall exclude collateral relatives of the adopted. Par 6 Arts 1004-1010 of Civil Code will apply when only collateral relatives survive If the adopting parent should die before the adopted child, the adopted child cannot represent the adopting parent in inheritance from the parents or ascendants of the adopter. The filiation created by FICTION OF LAW is exclusively between the adopter and the adopted. Article 191 If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumentality acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant. Speaks of judicial recission or cancellation of the adoption Tiu, Jaclyn Christy Grounds suspension or loss of parental authority The adopted child can bring the action by himself when: 1. He is at least 18 yrs 2. Grounds are the same as those for disinheriting an ascendant Article 192 The adopters may petition the court for the judicial rescission of the adoption in any of the following cases: 1. If the adopted has committed any act constituting a ground for disinheriting a descendant; or 2. When the adopted has abandoned the home of the adopters during minority for at least one year, or by some other acts, has definitely repudiated the adoption. Judicial rescission of the adoption on the part of the adopters Article 193 If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceding a guardian over his person or property or both. Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surname of the adopters and shall resume his surname prior to the adoption. The court shall accordingly order the amendment of the records in the proper registries Page 6

Persons and Family Relations 1D 2014 Judge Bonifacio


Reinstatement of parental authority of the parents by NATURE, unless they are disqualified or incapacitated Effects of judicial rescission of adoption 2nd paragraph RA 8043 Inter-Country Adoption Act of 1995 An act establishing the rules to govern inter-country adoption of Filipino children, and for other purposes

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